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HomeMy WebLinkAbout2026-10-13 Council Packet Edmonds City Council Agenda October 13, 2026 Posted: 10/9/2026 4:21 PM Page 1 Agenda Edmonds City Council Regular Meeting Council Chambers 250 5TH AVE NORTH, EDMONDS, WA 98020 ZOOM: HTTPS://ZOOM.US/J/95798484261 PHONE: +1 253 215 8782 MEETING ID: 957 9848 4261 OCTOBER 13, 2026, 6:00 PM 1. CALL TO ORDER / FLAG SALUTE 2. LAND ACKNOWLEDGMENT 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. PRESENTATION 1. Resolution: Purple Heart City Only One Reading Required – City Council Office (5 minutes) 2. Mayor’s Finance Update – Mayor’s Office (5 minutes) 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 attending via Zoom, raise a virtual hand to be recognized. If using a phone to dial in, press *9 to raise a hand. When prompted, press *6 to unmute. 7. RECEIVED FOR FILING 1. Written Public Comments 2. PW Q3 Capital Projects Report 3. Quarterly Facilities Bond Update Edmonds City Council Agenda October 13, 2026 Posted: 10/9/2026 4:21 PM Page 2 8. APPROVAL OF THE CONSENT AGENDA 1. Approval of City Council Meeting Minutes Only One Reading Required 2. Yost Pool - Cascade Swim Club 2026-2036 Operation Agreement Second Reading 3. Approval of Supplemental Agreement with SCJ for the Hwy 99 Revitalization Project Stage 4 Second Reading 4. Approval of claim checks and wire payment. Only One Reading Required 5. Resolution: Purple Heart City Only One Reading Required 9. PUBLIC HEARING 1. Public Hearing to Extend Interim Ordinance No. 4433, File No. AMD2025-0006 Fifth Reading and Beyond – Planning and Development Services (25 minutes) 2. Public Hearing on Mobile Food Vendor and Unlicensed Food Vendor Code Updates Fourth Reading – Planning and Development Services (10 minutes) 3. Public Hearing on Westgate Neighborhood Center Map Updates Second Reading – Planning and Development Services (25 minutes) 4. Presentation &Public Hearing on Property Taxes First Reading – Finance (45 minutes) 10. COUNCIL BUSINESS 1. Extension of Interim Landmark Tree Ordinance, File No. AMD2025-0006 Fifth Reading and Beyond – Planning and Development Services (5 minutes) 2. Short Plat Vacation Interim Ordinance Second Reading – Planning and Development Services (20 minutes) 3. Department Budget Discussions Second Reading – Mayor's Office (60 minutes) 11. COUNCIL COMMENTS 12. MAYOR'S COMMENTS ADJOURNMENT Edmonds City Council Agenda October 13, 2026 Posted: 10/9/2026 4:21 PM Page 3 For disability accommodations, materials in alternate formats, accessibility information, or language interpretation/ translation needs, please contact the City Clerk at 425-775-2525 at your earliest opportunity. Providing at least 72-hour notice will help ensure availability. City Council Agenda Item 5.1 October 13, 2026 - Regular Meeting TITLE:Resolution: Purple Heart City (Only One Reading Required) DEPARTMENT:City Council Office PRESENTER:Michelle Dotsch NEEDED FROM COUNCIL:Informational RECOMMENDATION:Approve a resolution of the City Council of the City of Edmonds, Washington’s continued designation the City of Edmonds as a purple heart city and honoring the sacrifices of purple heart recipients. BUDGET: Total Dollar Amount:0 ☐ Approved in Budget Fund(s):N/A ☐ Budget Reallocation Required ☒ No Budget Impact PROBLEM/ISSUE STATEMENT: The Purple Heart City Designation recognizes the members of the Armed Forces who have been wounded or paid the ultimate price. The City was designated as such with a mayoral proclamation in November of 2022 and now in cooperation with the local VFW, the city will be adding signage around town with the official Purple Heart City signage. CONTEXT, ANALYSIS, & ALTERNATIVES: The Purple Heart designation is an outward expression of an internal desire to recognize and honor recipients of the Purple Heart. The Purple Heart is presented to men and women of all military services that have been injured or killed in action against an enemy of the United States. RECOMMENDATION: Approve a resolution of the City Council of the City of Edmonds, Washington’s continued designation the City of Edmonds as a purple heart city and honoring the sacrifices of purple heart recipients. BUDGET IMPACTS: None ITEM HISTORY: The Purple Heart Trail program began in 1992 at Mt. Vernon, Virginia. The goal was to make the public aware of the Purple Heart Medal and what the medal represented. As the Purple Heart Trail grew, so did the requests from businesses, colleges, universities, cities, towns, sports team, airports, buildings, and many others for Purple Heart designation.   Item 5.1       Packet pg. 4/302   Item 5.1       Packet pg. 4/302 November 1, 2022, The City by Mayoral Proclamation, was designated as a Purple Heart City. ADDITIONAL INFORMATION: ATTACHMENTS: Proclamation 2022 Resolution 2026   Item 5.1       Packet pg. 5/302   Item 5.1       Packet pg. 5/302   Item 5.1       Packet pg. 6/302   Item 5.1       Packet pg. 6/302 RESOLUTION NO. ____ A RESOLUTION OF THE CITY OF EDMONDS, WASHINGTON, CELEBRATING THE ONGOING DESIGNATION OF THE CITY OF EDMONDS AS A PURPLE HEART CITY AND HONORING THE SACRIFICES OF PURPLE HEART RECIPIENTS. WHEREAS, the Purple Heart is the oldest military decoration in present use, originally established by General George Washington on August 7, 1782, as the Badge of Military Merit, and reestablished in 1932 to honor members of the United States Armed Forces who have been wounded or killed in action while serving our Nation; and WHEREAS, the Purple Heart is awarded in the name of the President of the United States to those members of the Armed Forces who have been wounded or who have made the ultimate sacrifice in combat with an enemy of the United States; and WHEREAS, the Military Order of the Purple Heart, chartered by the United States Congress, encourages municipalities to become Purple Heart Cities as a lasting tribute to America’s combat-wounded veterans; and WHEREAS, the City of Edmonds has a long and proud history of supporting active-duty military members and veterans who have faithfully served this Nation during times of war and peace. Many former City residents made the ultimate sacrifice in the cause of freedom, and numerous combat-wounded Purple Heart recipients reside within the City and continue to contribute to their community in countless ways; and WHEREAS, U.S. Interstate 5 in Washington, which serves the Puget Sound region, is now memorialized as part of the National Purple Heart Trail, and the City of Edmonds is proud to be a one of the Purple Heart Cities throughout Washington State as proclaimed by the Office of the Mayor as a Purple Heart City in 2022; and WHEREAS, the City Council desires to again publicly recognize these brave men and women and demonstrate the City’s continuing appreciation for all military veterans and active-duty service members; and   Item 5.1       Packet pg. 7/302   Item 5.1       Packet pg. 7/302 WHEREAS, Edmonds’ designation as a Purple Heart City serves as a permanent reminder of the sacrifices made by our Nation’s military personnel and fosters greater public awareness of their service and dedication; THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. The City of Edmonds is proud of its Purple Heart City designation since 2022. Section 2. The City Council extends its deepest gratitude and appreciation to all Purple Heart recipients and their families for their courage, sacrifice, and unwavering commitment to the United States of America. Section 3. The City encourages all residents to recognize and honor the service of Purple Heart recipients and all veterans who have defended our Nation. Section 4. The City Clerk is directed to provide a copy of this Resolution to the Military Order of the Purple Heart and other appropriate veterans’ organizations. Section 5. The Mayor is encouraged to work with local veterans’ organizations to identify an appropriate location for the placement of permanent Purple Heart City signage at the entrances to the City of Edmonds, subject to applicable City policies and available funding. MAYOR, MIKE ROSEN ATTEST/AUTHENTICATE: CITY CLERK, LUKE LONIE FILED WITH THE CITY CLERK:OCTOBER 13, 2026 PASSED BY THE CITY COUNCIL:OCTOBER 13, 2026 RESOLUTION NO:   Item 5.1       Packet pg. 8/302   Item 5.1       Packet pg. 8/302 City Council Agenda Item 7.1 October 13, 2026 - Regular Meeting TITLE:Written Public Comments (Only One Reading Required) DEPARTMENT:City Council Office PRESENTER:Teresa Simanton NEEDED FROM COUNCIL:Informational RECOMMENDATION:Acknowledge receipt of written public comments submitted through the City’s online portal BUDGET: Total Dollar Amount:0 ☐ Approved in Budget Fund(s):N/A ☐ Budget Reallocation Required ☒ No Budget Impact PROBLEM/ISSUE STATEMENT: Public comments submitted via the City’s web portal are forwarded by email to all councilmembers and included in the next regular meeting agenda packet, pending agenda publication deadline CONTEXT, ANALYSIS, & ALTERNATIVES: Included are all public comments submitted through the portal from September 18 – October 8, 2026 RECOMMENDATION: Acknowledge receipt of written public comments submitted through the City’s online portal BUDGET IMPACTS: 0 ITEM HISTORY: N/A ADDITIONAL INFORMATION: ATTACHMENTS: Online comments received September 18 – October 8, 2026   Item 7.1       Packet pg. 9/302   Item 7.1       Packet pg. 9/302 ONLINE PUBLIC COMMENTS - September 18 – October 8, 2026 Online Form 2026-10-06 02:20 PM(MST) was submitted by Guest on 10/6/2026 5:20:48 PM (GMT-07:00) US/Arizona Name Value FirstName Cory LastName Wilcox CityOfResidence Edmonds AgendaTopic No Hate/Fortify! WA model resolution on Comments This is an issue that affects thousands of children in the Edmonds school district. Hateful individuals are using the specter of "boys in girls sports" to push an initiative that will harm all girls and create barriers to participating in sports. Please agendize and pass this resolution at the Oct 13th meeting To view this form submission online, please follow the link below: https://edmondswa.gov/form/one.aspx?objectId=21414329&contextId=18452053&returnto=submissions Online Form 2026-10-06 02:54 PM(MST) was submitted by Guest on 10/6/2026 5:54:53 PM (GMT-07:00) US/Arizona Name Value FirstName Alicia LastName Crank CityOfResidence Edmonds AgendaTopic SCF Annexation and Upcoming Bond Measure Comments I unfortunately cannot attend the 10/9 council meeting due to work obligations, but I wanted to ask the Mayor and Council about the SCF construction bond that will be on our ballots. At the recent SCF Open House held at the Esperance Fire Station, one of the current Fire Commissioners mentioned that the bond measure has been "10 years in the making". As someone who held community forums last year as part of the Edmonds annexation discussion, I do not recall a pending bond measure mentioned by the City or SCF. I am wondering if the City was aware of this, and if so, how come it wasn't mentioned as part of the City's presentation. Thank you, Alicia Crank To view this form submission online, please follow the link below: https://edmondswa.gov/form/one.aspx?objectId=21414355&contextId=18452053&returnto=submissions   Item 7.1       Packet pg. 10/302   Item 7.1       Packet pg. 10/302 City Council Agenda Item 7.2 October 13, 2026 - Regular Meeting TITLE:PW Q3 Capital Projects Report (Only One Reading Required) DEPARTMENT:Public Works and Utilities PRESENTER:Andy Rheaume NEEDED FROM COUNCIL:Informational RECOMMENDATION:Receive for filing. BUDGET: Total Dollar Amount:n/a ☐ Approved in Budget Fund(s):n/a ☐ Budget Reallocation Required ☒ No Budget Impact PROBLEM/ISSUE STATEMENT: Council requests quarterly capital projects status updates. CONTEXT, ANALYSIS, & ALTERNATIVES: The attached report contains project status pages for capital projects active during the third quarter of 2026. RECOMMENDATION: Receive for filing. BUDGET IMPACTS: n/a ITEM HISTORY: None ADDITIONAL INFORMATION: ATTACHMENTS: Attachment 1 – Capital Projects Report   Item 7.2       Packet pg. 11/302   Item 7.2       Packet pg. 11/302 PROJECT STATUS REPORT PWD-01 EDMONDS MARSH WATER QUALITY IMPROVEMENTS (PHASE 1) PUBLIC WORKS - STORMWATER Project Initiation Date 8/1/2021 Budget Available55% Est Construction Start Date Q2 2027 Estimated Completion Date Q3 2027 Total Budget 418,000 Total Expenditures 188,030 Total Remaining 229,970 Description The project will be improving water quality of stormwater runoff by replacing existing catch basins along the west side of SR-104 funded via a DOE grant. The catch basins will be replaced with catch basins that include water filter cartridges. Staff proposes this effort in order to provide water quality mitigation for all discharges that directly enter the marsh from these locations. Project Progress WSDOT and DOE review of 90% design submittal is currently in progress. Expected construction start date has been revised to March 2027. Ecology grant original expiration date of 12/31/2025 was recently extended to new expiration date of 1/14/2028. ROW Status   Item 7.2       Packet pg. 12/302   Item 7.2       Packet pg. 12/302 PROJECT STATUS REPORT PWD-03 PERRINVILLE CREEK FLOW MANAGEMENT PROJECTS PUBLIC WORKS - STORMWATER Project Initiation Date 8/1/2020 Budget Available2% Est Construction Start Date TBD Estimated Completion Date TBD Total Budget 100,000 Total Expenditures 98,194 Total Remaining 1,806 Description Reducing scouring flows to reduce sediments load in Perrinville Creek was identified in a previous basin report completed in 2015 as a critical element of restoring this creek which has been significantly impacted by urban development. The projects funded by this program are incremental steps toward recovering this stream run as adequate fish habitat. These efforts have become even more critical given recent challenges around the Perrinville Creek outfall area. This program is a fund for implementing projects within the Perrinville Creek basin to reduce scour flows in the creek. It allows staff flexibility to respond to ad-hoc opportunities such as rain garden cluster projects, or ensure matching funds are available for chasing grant applications for flow reductions projects. Project Progress City staff are planning to connect the storm drain system on 84th Ave to a new bioswale. This will redirect water from Perrinville Creek to an infiltration system. ROW Status   Item 7.2       Packet pg. 13/302   Item 7.2       Packet pg. 13/302 PROJECT STATUS REPORT PWD-04 LOWER PERRINVILLE CREEK RESTORATION PROJECT PUBLIC WORKS - STORMWATER Project Initiation Date 6/1/2022 Budget Available91% Est Construction Start Date TBD Estimated Completion Date TBD Total Budget 4,500,000 Total Expenditures 423,318 Total Remaining 4,076,682 Description The purpose of this project is to improve the environmental health of the creek necessary to support fish habitat, and to restore the storm water capacity. The project consists of the modifications to three structures that currently prevent fish passage and are undersized for the flows on the creek, (1) the culvert at the BNSF track, remove and replace with a fish-friendly culvert or bridge with adequate flow capacity, which will be led and funded by BNSF and the Tulalip Tribes using grant funds, (2) return flow to the creek between the high flow bypass structure and the BNSF culvert by blocking the structure and restoring creek capacity and (3) culvert at Talbot Road, will be removed and replaced with a fish-friendly culvert or bridge that provides adequate fish passage and storm water flow capacity. This project will increase the resiliency of the watershed by building the structures that mimic the natural channel performance necessary for fish habitat and stormwater flow capacity. The project also includes time and effort to research and apply for supplemental/additional funding sources for construction of the Edmonds portions of the work (Items 2 & 3). Due to the project complexity and number of stakeholders, the planning and design phase is estimated to be 2-years. Project estimated costs are for installation of the structure and reestablishment of the creek bed. Estimates do not include costs for relocation of existing utilities. Project Progress 30% design drawings have been submitted by the consultant and City staff are working to get consultant under design to further design to bid-ready. The Tulalip Tribes submitted a grant application in July seeking Federal money to help pay for removal of the BNSF culvert and replacement with a bridge. Grant would also include assistance with restoration of the streambed from Talbot to the new BNSF structure. ROW Status   Item 7.2       Packet pg. 14/302   Item 7.2       Packet pg. 14/302 PROJECT STATUS REPORT PWD-05 EDMONDS MARSH WATER QUALITY IMPROVEMENTS (PHASE 2) PUBLIC WORKS - STORMWATER Project Initiation Date 1/1/2024 Budget Available72% Est Construction Start Date Q2 2027 Estimated Completion Date Q3 2027 Total Budget 458,000 Total Expenditures 126,515 Total Remaining 331,485 Description The project will be improving water quality of stormwater runoff by replacing existing catch basins along the east side of SR-104 via a state funded appropriation. The catch basins will be replaced with catch basins that include water filter cartridges. Staff proposes this effort in order to provide water quality mitigation for all discharges that directly enter the marsh from these locations. Project Progress WSDOT and DOE review of 90% design submittal is currently in progress. Expected construction start date has been revised to March 2027. Ecology grant original expiration date of 12/31/2025 was recently extended to new expiration date of 1/14/2028. ROW Status   Item 7.2       Packet pg. 15/302   Item 7.2       Packet pg. 15/302 PROJECT STATUS REPORT PWD-12 PHASE 5 STORM MAINTENANCE PROJECT (2025) PUBLIC WORKS - STORMWATER Project Initiation Date 12/1/2023 Budget Available75% Est Construction Start Date Q2 2026 Estimated Completion Date Q2 2026 Total Budget 2,011,000 Total Expenditures 510,400 Total Remaining 1,500,600 Description Annual storm drain replacement project for 2025 construction. Project proposes to replace or rehab storm drain infrastructure in several locations throughout the City. Location of work identified by City crews via first had knowledge or video inspection results. Much of Edmonds stormwater infrastructure is past its lifespan and requires routine replacement or repair in order to preserve the function of the storm drain system. Failure to conduct annual maintenance projects will increase chances of a storm drain system failure. Project Progress Included as part of 2025 Combined CIPP Rehab Project, along with Phase 12 Sewer Replacement Project. Closeout in progress. ROW Status   Item 7.2       Packet pg. 16/302   Item 7.2       Packet pg. 16/302 PROJECT STATUS REPORT PWD-13 PHASE 6 STORM MAINTENANCE PROJECT (2026) PUBLIC WORKS - STORMWATER Project Initiation Date 11/22/2024 Budget Available67% Est Construction Start Date Q3 2026 Estimated Completion Date Q4 2026 Total Budget 1,318,000 Total Expenditures 431,283 Total Remaining 886,717 Description Annual storm drain replacement project for 2026 construction. Project proposes to replace or rehab storm drain infrastructure in several locations throughout the City. Location of work identified by City crews via first had knowledge or video inspection results. Much of Edmonds stormwater infrastructure is past its lifespan and requires routine replacement or repair in order to preserve the function of the storm drain system. Failure to conduct annual maintenance projects will increase chances of a storm drain system failure. Project Progress Construction started September 2, 2026. Contractor completed CCTV. Contract currently suspended while contractor is ordering liner. Work expected to recommence in October. ROW Status   Item 7.2       Packet pg. 17/302   Item 7.2       Packet pg. 17/302 PROJECT STATUS REPORT PWD-17 STORM AND SURFACE WATER COMPREHENSIVE PLAN PUBLIC WORKS - STORMWATER Project Initiation Date 10/1/2016 Budget Available18% Est Construction Start Date N/A Estimated Completion Date Q4 2025 Total Budget 733,000 Total Expenditures 604,471 Total Remaining 128,529 Description The City of Edmonds (City) owns and operates an extensive system of drainage pipes, ditches, and other assets to convey stormwater runoff into streams, lakes, and Puget Sound to prevent and minimize damage to private property, streets, and other infrastructure. The City is faced with the challenge of conveying this runoff safely and cost-effectively while preventing or minimizing the adverse impacts of high flows (erosion, flooding, and sediment deposition) and of stormwater pollutants on water quality and aquatic habitat. In addition, recent state and federal stormwater regulations make it technically and financially challenging to address these issues while balancing utility ratepayer costs. To proactively address these challenges and remain in compliance with the State-mandated National Pollutant Discharge Elimination System Western Washington Phase II Municipal Stormwater Permit (NPDES Phase II permit) and other increasing regulatory requirements, the City is updating its current comprehensive storm and surface water management plan. This permit has and will continue to have a significant impact on the workload and operational budget of both the Engineering Division and the Storm Crews within the Public Works Department. Per the State Department of Ecology, the plan will also include the work findings from their required (Stormwater Management Action Plan) SMAP process of City drainage watersheds. Project will also include recommendations for stormwater utilities rates to be adjusted at the discretion of Council. Project Progress Consultant is working to finalize recommendations and compose report. ROW Status   Item 7.2       Packet pg. 18/302   Item 7.2       Packet pg. 18/302 PROJECT STATUS REPORT PWD-23 PERRINVILLE CREEK BASIN ANALYSIS UPDATE PUBLIC WORKS - STORMWATER Project Initiation Date 12/1/2023 Budget Available42% Est Construction Start Date N/A Estimated Completion Date Q2 2027 Total Budget 649,200 Total Expenditures 377,551 Total Remaining 271,649 Description City of Edmonds and Lynnwood joint project to supplement/update the Perrinville Creek 2015 basin analysis that determined possible locations for projects that would help decrease the peak storm flows during high rain events. Project will be updated to reflect projects completed and also determine if there are other locations within the basin to aid in the reduction of peak flows in the basin. Project Progress Update to 2015 Perrinville Flow Reduction Study Analysis after receiving a $469,200 grant that for this project. Proceeds are being shared with the City of Lynnwood so that this can be reviewed basin wide. Initial feasibility analysis and site selection are complete, Consultant is moving forward with conceptual designs on ten sites. ROW Status   Item 7.2       Packet pg. 19/302   Item 7.2       Packet pg. 19/302 PROJECT STATUS REPORT PWS-02 2027 SANITARY SEWER COMPREHENSIVE PLAN UPDATE PUBLIC WORKS - SEWER Project Initiation Date 1/12/2026 Budget Available89% Est Construction Start Date N/A Estimated Completion Date Q4 2027 Total Budget 500,000 Total Expenditures 53,381 Total Remaining 446,619 Description The existing sewer comprehensive plan was last updated in 2013 and is in need of an update. This project would be a comprehensive evaluation of the City’s sewer system, its replacement program and operations, with recommendations for improvements or adjustments and recommended priorities for selecting future capital maintenance projects. Project Progress Professional Service Agreement has been executed and the Consultant and City Staff has begun the data gathering stage. All sewer pump stations were visually inspected in September to verify facility conditions. ROW Status   Item 7.2       Packet pg. 20/302   Item 7.2       Packet pg. 20/302 PROJECT STATUS REPORT PWS-04 PHASE 12 SEWER REPLACEMENT (2025) PUBLIC WORKS - SEWER Project Initiation Date 12/1/2023 Budget Available51% Est Construction Start Date Q2 2026 Estimated Completion Date Q2 2026 Total Budget 2,700,000 Total Expenditures 1,330,049 Total Remaining 1,369,951 Description Per the approved 2013 Sewer Comprehensive Plan, the project will replace/rehab pipe and related appurtenances at various locations throughout the City due to old age, being undersized, need to increase capacity, or more prone to breakage due to its material properties. Project Progress Included as part of 2025 Combined CIPP Rehab Project, along with Phase 5 Storm Replacement Project. Closeout in progress. ROW Status   Item 7.2       Packet pg. 21/302   Item 7.2       Packet pg. 21/302 PROJECT STATUS REPORT PWS-05 PHASE 13 SEWER REPLACEMENT (2026) PUBLIC WORKS - SEWER Project Initiation Date 3/10/2025 Budget Available81% Est Construction Start Date Q3 2026 Estimated Completion Date Q4 2026 Total Budget 2,503,000 Total Expenditures 481,587 Total Remaining 2,021,413 Description Per the approved 2013 Sewer Comprehensive Plan, the project will replace/rehab pipe and related appurtenances at various locations throughout the City due to old age, being undersized, need to increase capacity, or more prone to breakage due to its material properties. Project Progress Construction started September 2, 2026. Contractor completed CCTV. Contract currently suspended while contractor is ordering liner. Work expected to recommence in October. ROW Status   Item 7.2       Packet pg. 22/302   Item 7.2       Packet pg. 22/302 PROJECT STATUS REPORT PWS-06 PHASE 14 SEWER REPLACEMENT (2027) PUBLIC WORKS - SEWER Project Initiation Date 1/26/2026 Budget Available93% Est Construction Start Date Q2 2027 Estimated Completion Date Q4 2027 Total Budget 2,603,000 Total Expenditures 173,393 Total Remaining 2,429,607 Description Per the approved 2013 Sewer Comprehensive Plan, the project will replace pipe and related appurtenances at various locations throughout the City due to old age, being undersized, need to increase capacity, or more prone to breakage due to its material properties. Project Progress Consultant delivered 30% plans August 27, 2026. Site visits with consultant completed in mid-September. 60% plans in progress ROW Status   Item 7.2       Packet pg. 23/302   Item 7.2       Packet pg. 23/302 PROJECT STATUS REPORT PWT-04 MAIN ST OVERLAY FROM 6TH AVE TO 8TH AVE PUBLIC WORKS - TRANSPORTATION Project Initiation Date 1/1/2023 Budget Available27% Est Construction Start Date Q4 2024 Estimated Completion Date Q4 2026 Total Budget 2,740,690 Total Expenditures 1,993,707 Total Remaining 746,983 Description The project will provide a full-width grind and pavement overlay of Main St from 6th Ave to 8th Ave. This project also includes upgrading all non-compliant ADA pedestrian curb ramps within the project limits, an eastbound bike lane and westbound bike sharrow markings. Project Progress Closeout is scheduled for Q4 2026. As-builts (Records Drawings) and ADA surveys to be completed in Q4 2026. ROW Status   Item 7.2       Packet pg. 24/302   Item 7.2       Packet pg. 24/302 PROJECT STATUS REPORT PWT-10 HWY 99 REVITALIZATION PROJECT - STAGE 3 PUBLIC WORKS - TRANSPORTATION Project Initiation Date 4/1/2022 Budget Available92% Est Construction Start Date Q1 2029 Estimated Completion Date Q4 2030 Total Budget 28,457,000 Total Expenditures 2,215,708 Total Remaining 26,241,292 Description The Stage 3 Highway 99 project limits are from 244th St SW to ~400 feet north of 238th St SW. The project will provide new sidewalk, landscaped planter strips, street lighting, separated bike lanes, ADA compliant pedestrian curb ramps and utility improvements (including undergrounding of overhead utility lines). The project will also widen the intersection of Highway 99 and 238th St SW to provide a second northbound left turn lane and widen 238th St from Highway 99 to 84th Ave for this additional lane and bike lane addition. This project was ranked as HIGH PRIORITY in 2024 Transportation Plan. Project Progress The consultant is currently completing the 60% PS&E (scheduled to be submitted for City review in Q4 2026). Progress has been made this quarter on the WSDOT Channelization Plans and Design Analysis (documents scheduled to be approved by WSDOT in Q4 2026). The SEPA document and Phase 1 ESA were completed in Q2 2026 (in order to complete the environmental portion of the project). Phase 2 ESA on NE and NW properties of Hwy 99 @ 238th were completed (with no contaminated soils found). The ROW phase will begin in Q1 2027 once the 60% Design is completed. Stormwater options on the NW corner property at Hwy 99 @ 238th have been determined (discussed with property owner on NW corner of Hwy 99 @ 238th St. SW). The underground utility conversion portion of the project has begun and is being incorporated iinto the 60% Design Plans. The consultant from HBB is working on the Placemaking portion of the project (addition of decorative pins on the NE, NW, and SW corners of Hwy 99 @ 238th St. SW). ROW Status   Item 7.2       Packet pg. 25/302   Item 7.2       Packet pg. 25/302 PROJECT STATUS REPORT PWT-103 7TH AVE N PEDESTRIAN IMPROVEMENTS PUBLIC WORKS - TRANSPORTATION Project Initiation Date 2/1/2025 Budget Available75% Est Construction Start Date Q4 2026 Estimated Completion Date Q4 2026 Total Budget 484,180 Total Expenditures 123,452 Total Remaining 360,728 Description Reconstruction of approximately 13 ramps and installation of a raised crosswalk along 7th Ave between Bell St and SR-524 Project Progress Design is complete. Project is currently in construction. Construction is expected to be completed by Q4 2026. The design phase of the project is over budget by approximately $40,000. Due to a competivie bidding climate, the responsive lowest bid was approximately $47,000 below the Engineer's Estimate. ROW Status   Item 7.2       Packet pg. 26/302   Item 7.2       Packet pg. 26/302 PROJECT STATUS REPORT PWT-11 HWY 99 REVITALIZATION PROJECT - STAGE 4 PUBLIC WORKS - TRANSPORTATION Project Initiation Date 4/1/2022 Budget Available96% Est Construction Start Date 01 2030 Estimated Completion Date Q4 2031 Total Budget 37,000,000 Total Expenditures 1,359,615 Total Remaining 35,640,385 Description The Stage 4 Highway 99 project limits are from 224th St SW to ~800 feet north of 220th St SW. The project will provide new sidewalk, landscaped planter strips, street lighting, separated bike lanes, ADA compliant pedestrian curb ramps and utility improvements (including undergrounding of overhead utility lines). The project will also widen the intersection of Highway 99 and 220th St SW to provide a second left turn lane for the northbound, southbound, and westbound movements. A multi-use path will be added on the north side of 220th St SW from Hwy 99 to the Interurban Trail. This project was ranked as HIGH PRIORITY in 2024 Transportation Plan. Project Progress The City reviewed the 30% Design Plans in Q1 2025 and the 60% Design Plans are scheduled to submitted to the City in Q2 2027. Supplemental Agreement #1 will be go in front of Council in Q4 2026 with the addition of Complete Streets, Environmental Site Assessment review, and ROW acquisition to the scope of work. The Cost Sharing Memo and ILA with WSDOT will also go in front of Council in Q4 2026. The overlay and Complete Streets items along this segment will be paid by WSDOT (same inclusion as Hwy 99 Stage 3 project). All the environmental documents still need to be completed. The revised Channelization Plan and Design Analysis are currently being completed so those can be approved by WSDOT in Q4 2026. The start of the ROW phase is scheduled to begin in Q3 2027 following completion of 60% Design. ROW Status   Item 7.2       Packet pg. 27/302   Item 7.2       Packet pg. 27/302 PROJECT STATUS REPORT PWT-19 76TH AVE W @ 220TH ST SW INTERSECTION IMPROVEMENTS PUBLIC WORKS - TRANSPORTATION Project Initiation Date 1/1/2018 Budget Available91% Est Construction Start Date TBD Estimated Completion Date TBD Total Budget 11,000,000 Total Expenditures 952,012 Total Remaining 10,047,988 Description Reconfigure eastbound lanes to a left turn lane and through/ right turn lane. Add eastbound and westbound dedicated left turn lanes with a protected-permitted phase. Provide right turn overlap for westbound movement during southbound left turn phase. Additional improvements include wider sidewalk, bike lanes, street lighting, and various utility improvements (including conversion overhead utility lines to underground). A multi-use path will be added along 220th St SW from 76th Ave W to Hwy 99. This project was ranked as MEDIUM PRIORITY in 2024 Transportation Plan . Project Progress The revised BA was submitted in Q3 2025 to account for the addition of a Multi-Use path along 220th St. SW from 76th Ave. W to Hwy 99. A response is expected by Q1 2027 (design progress on hold during that time). The 60% Stormwater Report and 60% PS&E were submitted by the consultant from PSOMAS to the City for review in Q4 2025. City comments will be provided once the BA has been approved. The NEPA documents will be submitted for WSDOT review around this same time frame. The conversion of overhead utility lines to undergound was added to the project scope of work. No construction funds have yet been secured for this project. ROW Status   Item 7.2       Packet pg. 28/302   Item 7.2       Packet pg. 28/302 PROJECT STATUS REPORT PWT-20 SR-104 ADAPTIVE SYSTEM - 236TH TO 226TH PUBLIC WORKS - TRANSPORTATION Project Initiation Date 4/1/2022 Budget Available93% Est Construction Start Date Q2 2027 Estimated Completion Date Q4 2027 Total Budget 4,000,000 Total Expenditures 271,049 Total Remaining 3,728,951 Description The project will add a traffic signal adaptive system on a 1.25-mile segment of SR104 from 236th St to 226th St. The system will monitor and synchronize the timing of five existing signalized intersections (SR104 @ 236th St, SR104 @ 232nd St, SR104 @ 95th Pl, SR104 @ 100th Ave, SR104 @ 226th St) and improve traffic flows along SR104. This project was identified as MEDIUM PRIORITY in 2024 Transportation Plan. Project Progress Progress on the Design Phase has been on hold for more than 1 1/2 year since it was pending the securing of a construction grant. The Design Phase started again in Q3 2026 since a Freight and Mobility Grant for the construction phase will be secured in Q4 2026. No ROW acquisition phase is needed as part of this project. An RFP is going out in Q4 2026 to select a vendor for the Adaptive System. This process is scheduled to be completed by the end of Q4 2026 and progress on the Design Phase is happening concurrently. ROW Status   Item 7.2       Packet pg. 29/302   Item 7.2       Packet pg. 29/302 PROJECT STATUS REPORT PWT-52 TRAFFIC CALMING PROGRAM PUBLIC WORKS - TRANSPORTATION Project Initiation Date 1/1/2026 Budget Available71% Est Construction Start Date Q4 2026 Estimated Completion Date Q2 2027 Total Budget 62,650 Total Expenditures 18,019 Total Remaining 44,631 Description Install traffic calming devices along selected stretches throughout the City with speeding issues (through completion of detailed evaluation). This ongoing annual program started in 2015 and is included in the City's 6-year Transportation Improvement Program (TIP) and Capital Improvement Program (CIP). Project Progress Speed studfies along all the stretches included in the 2026 Traffic Calming Program have been completed. Stretches where the 85th percentile is greater than 5 mph over the speed limit are currently included in a detailed evaluation (in order to determine by Q4 2026 the top stretches for this year's program / improvements to be installed by Q2 2027). As part of the 2025 Traffic Calming Program, speed tables will be installed along Maplewood Dr. from Main St. to 200th St. SW in Q4 2026 and OVD from High St to Talbot St. in Q2 2027 (as part of OVD Overlay project from 196th St. SW to Talbot). ROW Status   Item 7.2       Packet pg. 30/302   Item 7.2       Packet pg. 30/302 PROJECT STATUS REPORT PWT-59 TRAFFIC SIGNAL PROGRAM PUBLIC WORKS - TRANSPORTATION Project Initiation Date 1/1/2026 Budget Available88% Est Construction Start Date Q4 2026 Estimated Completion Date Q4 2026 Total Budget 30,280 Total Expenditures 3,546 Total Remaining 26,734 Description This program started in 2019 and provides new signal upgrades, such as vehicle detection at intersections, new vehicle/pedestrian head equipment and other signal-related upgrades. These improvements will improve the safety of the City’s transportation system. Project Progress As part of the 2026 Traffic Signal Program, signal upgrades were completed at SR-104 @ 236th St. SW with the addition of a Flashing Yellow Arrow (FYA) vehicle head for the SR-104 northbound movement. A change order was recently signed to align the recently installed FYA vehicle head (work to be completed in Q4 2026 / new attachment on mast arm needs to replace existing one that resulted in partially slanted vehicle head). ROW Status   Item 7.2       Packet pg. 31/302   Item 7.2       Packet pg. 31/302 PROJECT STATUS REPORT PWT-60 PEDESTRIAN SAFETY PROGRAM PUBLIC WORKS - TRANSPORTATION Project Initiation Date 1/1/2026 Budget Available24% Est Construction Start Date Q4 2026 Estimated Completion Date Q4 2026 Total Budget 20,180 Total Expenditures 15,242 Total Remaining 4,938 Description This program started in 2019 and will provide pedestrian safety improvements, such as additional signage / striping, flashing LED’s around stop signs, or other improvements. These improvements will improve the safety of the City’s transportation system. Project Progress In Q4 2026, an advisory electronic sign will be added at Hwy 99 @ 238th St. SW facing the eastbound movement (alerting drivers to YIELD TO PEDESTRIANS / activated only when the WALK signal turns ON). New wireless push buttons posts will also be installed on the SW, NE, and NW corners at SR-104 @ 100th Ave. W (location to be within 10' of the corner curb ramp). ROW Status   Item 7.2       Packet pg. 32/302   Item 7.2       Packet pg. 32/302 PROJECT STATUS REPORT PWT-61 OLYMPIC VIEW DR OVERLAY - 196TH / SR-524 TO TALBOT RD PUBLIC WORKS - TRANSPORTATION Project Initiation Date 1/1/2025 Budget Available91% Est Construction Start Date Q2 2027 Estimated Completion Date Q2 2027 Total Budget 1,500,000 Total Expenditures 138,326 Total Remaining 1,361,674 Description Pavement overlay along Olympic View Dr, from 196th St SW / SR-524 to Talbot Road, along with ADA pedestrian curb ramp upgrades. Project Progress Bids are due in October. Construction expected in Q2, 2027. ROW Status   Item 7.2       Packet pg. 33/302   Item 7.2       Packet pg. 33/302 PROJECT STATUS REPORT PWT-68 88TH AVENUE OVERLAY AND SIDEWALK REPAIR PUBLIC WORKS - TRANSPORTATION Project Initiation Date 3/1/2024 Budget Available13% Est Construction Start Date Q3 2025 Estimated Completion Date Q4 2026 Total Budget 1,180,000 Total Expenditures 1,023,658 Total Remaining 156,342 Description This project will resurface 88th Ave and improve the existing asphalt sidewalk on the east side of 88th Ave from 196th St SW to 185th Pl SW in the Seaview neighborhood. All City utilities along this section of 88th Ave have been upgraded in recent years and the street is ready to pave. Curb ramps will be upgraded and portions of the existing sidewalk that are currently in failure will be repaired. Project Progress The project is completed and Closeout documents will be completed in Q4 2026. Records Drawinngs and ADA survey will be completed in Q4 2026. ROW Status   Item 7.2       Packet pg. 34/302   Item 7.2       Packet pg. 34/302 PROJECT STATUS REPORT PWT-98 CITYWIDE LIGHTING IMPROVEMENTS PUBLIC WORKS - TRANSPORTATION Project Initiation Date 5/1/2025 Budget Available87% Est Construction Start Date Q2 2027 Estimated Completion Date Q4 2027 Total Budget 700,000 Total Expenditures 92,973 Total Remaining 607,027 Description Install new light poles at key intersections where serious injury collisions have occurred recently. The intersections include 76th Ave W @ Interurban Trail, 8th Ave S @ 14th St SW, 76th Ave W @ 200th St SW, SR-524 @ 9th Ave N, 84th Ave W @ 236th St SW, and Dayton St. between Railroad Tracks and SR-104. Project Progress Some of the locations in the grant application with lighting deficiencies has been addressed with the addition of PUD luminaire on existing PUD poles (completed by PUD in Q2 2026). The mid-block pedestrian crossing locations (76th @ 200th, 76th @ Interurban Trail, 3rd Ave. S @ Walnut St) will be enhanced with the addition of pedestrian light fixtures on top of exist RRFB posts (to be purchased / installed by PW crews during construction phase in Q2 2027). The contract documents will include SR-524 @ 9th Ave. N and the stretch along Dayton St. from the RR tracks to SR-104. The consultant is currently working on the 60% Design Plans. The NEPA Categorical Exempt document was approved by WSDOT. This project is SEPA Categorical Exempt. ROW Status   Item 7.2       Packet pg. 35/302   Item 7.2       Packet pg. 35/302 PROJECT STATUS REPORT PWW-04 PHASE 15 WATER REPLACEMENT PROGRAM (2025) PUBLIC WORKS - WATER Project Initiation Date 12/1/2023 Budget Available1% Est Construction Start Date Q2 2025 Estimated Completion Date Q4 2025 Total Budget 4,091,000 Total Expenditures 4,056,744 Total Remaining 34,256 Description Per the approved 2017 Water Comprehensive Plan, the project will replace/maintain pipe and related appurtenances at various locations throughout the City due to old age, being undersized, need to increase flow or pressure, or more prone to breakage due to its material properties. Project Progress Construction closeout in progress ROW Status   Item 7.2       Packet pg. 36/302   Item 7.2       Packet pg. 36/302 PROJECT STATUS REPORT PWW-05 PHASE 16 WATER REPLACEMENT PROGRAM (2028) PUBLIC WORKS - WATER Project Initiation Date 11/1/2024 Budget Available87% Est Construction Start Date Q2 2027 Estimated Completion Date Q4 2027 Total Budget 3,836,000 Total Expenditures 493,908 Total Remaining 3,342,092 Description Per the approved 2017 Water Comprehensive Plan, the project will replace/maintain pipe and related appurtenances at various locations throughout the City due to old age, being undersized, need to increase flow or pressure, or more prone to breakage due to its material properties. Project Progress PSA amendment to increase scope of one site was executed on 3/24/26. Design consultant expects to submit bid ready plans and specifications in July 2026. ROW Status   Item 7.2       Packet pg. 37/302   Item 7.2       Packet pg. 37/302 PROJECT STATUS REPORT PWW-11 YOST & SEAVIEW RESERVOIR REPAIRS & UPGRADES PUBLIC WORKS - WATER Project Initiation Date 1/1/2021 Budget Available92% Est Construction Start Date Q3/4 2026 Estimated Completion Date Q2 2028 Total Budget 9,659,000 Total Expenditures 796,636 Total Remaining 8,862,364 Description This work is being done to provide structural upgrades, repair leakages, and upgrades to our two underground potable water storage reservoirs. Preliminary findings completed in early 2023 were used to determine order of magnitude/preliminary costs and next steps for the now planned repairs and upgrades project. The Yost Reservoir report shows that it will need a major structural and seismic retrofit, plus repairs to address leakage from the reservoir. The report for the Seaview Reservoir shows similar issues as the Yost Reservoir, with a less serious leakage issue. Project Progress Construction contract awarded on 9/9/2026. Expected construction start date is currently 11/2/2026. ROW Status   Item 7.2       Packet pg. 38/302   Item 7.2       Packet pg. 38/302 City Council Agenda Item 7.3 October 13, 2026 - Regular Meeting TITLE:Quarterly Facilities Bond Update (Only One Reading Required) DEPARTMENT:Public Works and Utilities PRESENTER:Andy Rheaume NEEDED FROM COUNCIL:Informational RECOMMENDATION:Receive for filing. BUDGET: Total Dollar Amount:N/A ☐ Approved in Budget Fund(s):016 ☐ Budget Reallocation Required ☒ No Budget Impact PROBLEM/ISSUE STATEMENT: This is a quarterly update on the 016 Facilities bond fund. CONTEXT, ANALYSIS, & ALTERNATIVES: This is the current status of the Facilities bond fund. This report contains the status of bond funds expended and the projects remaining to date. There are 10 projects completed,15 projects remaining and 7 more out to bid. Facilities plans on expending the remaining funds by the end of 2026. Attachment 1 contains a dashboard of the funds expended and remaining. RECOMMENDATION: Receive for filing. BUDGET IMPACTS: None ITEM HISTORY: None ADDITIONAL INFORMATION: ATTACHMENTS: Attachment 1- Dashboard   Item 7.3       Packet pg. 39/302   Item 7.3       Packet pg. 39/302 FACILITIES BOND REPORT Project List c c c c c c c c c c Exterior Lighting - Yost Pool Gutter Replacement - Public Works & Fleet Flooring Replacement - WWTP Municipal Court Additional Restroom Addition Roof Replacement - City Hall Public Facing Counter & Office ADA Improvements - Public Safety Audio Updates - Plaza Room Window Coverings Blinds - Plaza Room Plumbing Replacement -Plaza Room Roof Replacement - Library Plaza Room Gutter Replacement - Public Safety Stairway Safety & ADA - City Hall Insulation Replacement - Fleet Exterior Door Replacement - F.A.C. Sno King Entry Door Replacement 4 Sets- Plaza Room HVAC Equipment Replacement - Public Works Gutter & Downspout Replacement- Wade James Shower Tile Replacement - Yost Pool Roof Replacement - Wade James Public Works Office Upgrades Public Works - Mini Splits installed Side Sewer Replacement - F.A.C. Electrical Meter Replacement - Brackett's N. Park Fish Hatchery Roof Replacement - Willow Creek VAV refurbishment - Public Safety Fire Alarm Panel Replacement - Public Works Expended, $1,636,831.27 , 89% Remaining, $53,220.19 , 3% Arbitrage, $149,070.00 , 8% 016 Bond Fund Summary Total bond available at 7.31.26 $1,839,121.46 Current Projects, 15 Out to Bid Projects, 7 Completed Projects, 10 32 Total Projects October 2026   Item 7.3       Packet pg. 40/302   Item 7.3       Packet pg. 40/302 FACILITIES BOND REPORT *c=complete October 2026   Item 7.3       Packet pg. 41/302   Item 7.3       Packet pg. 41/302 1 0 4 5 City Council Agenda Item 8.1 October 13, 2026 - Regular Meeting TITLE:Approval of City Council Meeting Minutes (Only One Reading Required) DEPARTMENT:City Clerk's Office PRESENTER:City Clerk's Office NEEDED FROM COUNCIL:Action RECOMMENDATION:Review and approve the following draft minutes on the consent agenda: October 6, 2026 – Regular Meeting BUDGET: Total Dollar Amount:$0 ☐ Approved in Budget Fund(s):N/A ☐ Budget Reallocation Required ☒ No Budget Impact PROBLEM/ISSUE STATEMENT: Minutes of all City Council minutes must be recorded and made available to the public pursuant to RCW 42.30.035. CONTEXT, ANALYSIS, & ALTERNATIVES: Not applicable. RECOMMENDATION: Review and approve the following draft minutes on the consent agenda: October 6, 2026 – Regular Meeting BUDGET IMPACTS: Not applicable. ITEM HISTORY: Not applicable. ADDITIONAL INFORMATION: ATTACHMENTS: 1. 2026-10-06 Draft City Council Regular Meeting Minutes   Item 8.1       Packet pg. 42/302   Item 8.1       Packet pg. 42/302 Edmonds City Council Minutes Regular Meeting October 06, 2026 Page 1 Edmonds City Council Regular Meeting Action Minutes October 06, 2026 ELECTED OFFICIALS PRESENT Mike Rosen, Mayor Michelle Dotsch, Council President Chris Eck, Councilmember Will Chen, Councilmember Erika Barnett, Councilmember Susan Paine, Councilmember Vivian Olson, Councilmember Jenna Nand, Councilmember STAFF PRESENT Duane Wakan, Senior Planner Mike Clugston, Planning and Development Director Kisha Post, Financial Specialist Andy Rheaume, Public Works Director Mike DeLilla, City Engineer Stephanie Lucash, City Administrator Jeff Taraday, City Attorney Emily Villata, Deputy City Clerk 1.CALL TO ORDER / FLAG SALUTE The Edmonds City Council meeting was called to order at 6:00pm by Mayor Rosen in the Council Chambers, 250 5th Avenue North, Edmonds, and virtually. The meeting was opened with the flag salute. 2.LAND ACKNOWLEDGMENT Councilmember Chen read the City Council Land Acknowledgment. 3.ROLL CALL Deputy Clerk Villata called the roll. All elected officials were present. 4.APPROVAL OF THE AGENDA COUNCILMEMBER OLSON MOVED TO APPROVE THE AGENDA. MOTION CARRIED UNANIMOUSLY. 5.PRESENTATION 1.Arbor Day Proclamation Only One Reading Required – Mayor's Office Mayor Rosen presented the proclamation for Arbor Day to Edmonds Environmental Education Coordinator Jen Leach, Parks Maintenance Worker Deborah Dill, and Urban Forest Planner Deb Powers. 2.Mayor’s Finance Update – Mayor’s Office   Item 8.1       Packet pg. 43/302   Item 8.1       Packet pg. 43/302 Edmonds City Council Minutes Regular Meeting October 06, 2026 Page 2 Mayor Rosen yielded time in light of the recent budget address delivered October 5th. 6.AUDIENCE COMMENTS The following community members provided audience comment: 1. Nora Carlson, Edmonds, commented on upcoming state ballot measures. 2. Jerry Vergenont, Everett, requested Council open discussion up to upcoming state ballot measures during their upcoming meetings. 3. Lora Hein, Edmonds, commented on the mayor’s previous reference to state law in regard to using public facilities to support or oppose ballot measures. 4. Marleen Lund, Edmonds, requested City Council utilize their platform to educate the community about upcoming state ballot measures. 5. Lyndsey Lynch, Edmonds, spoke in opposition to upcoming state ballot measures. 6. Jessica Brady, Edmonds, spoke in opposition to upcoming state ballot measures. 7. Diana Nielson, Edmonds, spoke in opposition to upcoming state ballot measures. 8. Julie Hertel, Edmonds, spoke in opposition to upcoming state ballot measures. 9. Laura Edelstein, Edmonds, spoke in opposition to upcoming state ballot measures. 10. Roger Pence, Edmonds, commented on the Mayor’s budget presentation and requested more opportunities for citizens to ask questions. 11. William Bartig, Edmonds, commented on the relationship between compliance and silence. 12. Kevin Lynch, Residence Not Given, spoke in opposition to upcoming state ballot measures. 13. Leila Norako, Edmonds, spoke in opposition to upcoming state ballot measures. 14. Bill Krepick, Woodway, commented in opposition to a Regional Fire Authority presentation that had been removed from the agenda. 7.RECEIVED FOR FILING 1.Parks Q3 Capital Projects Report Only One Reading Required 2.Planning Board Quarterly Report, Q3 Only One Reading Required   Item 8.1       Packet pg. 44/302   Item 8.1       Packet pg. 44/302 Edmonds City Council Minutes Regular Meeting October 06, 2026 Page 3 8.APPROVAL OF THE CONSENT AGENDA COUNCILMEMBER OLSON MOVED TO APPROVE THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: 1.Approval of City Council Meeting Minutes Only One Reading Required 2.Ordinance Amending Authorized Employee Positions Second Reading 3.Approval of claim checks and wire payments. Only One Reading Required 4.Legal Assessment Committee Report 2026 Only One Reading Required 5.Approval of payroll and benefit checks, direct deposit and wire payments. Only One Reading Required 9.PUBLIC HEARING 1.Public Hearing on Zoning Changes for New Housing in Existing Buildings (HB1757) Second Reading – Planning and Development Services Duane Wakan, Senior Planner, and Mike Clugston, Planning and Development Director, provided background on the proposed code updates drafted in response to House Bill 1757. Mayor Rosen opened the public hearing. No public comment was given. 10.COUNCIL BUSINESS MOTION: Amend Council Business and add as Council Business 10.1 a vote on whether to make a motion that we place a public hearing and a vote on a Council resolution in opposition to Initiative 001 and Initiative 638 on Council's October 13th date. MOVED: Councilmember Nand SECONDED: Councilmember Eck RESULT: Fail, 3-4 IN FAVOR: Councilmember Eck, Councilmember Paine, Councilmember Nand OPPOSED: Councilmember Barnett, Council President Dotsch, Councilmember Chen, Councilmember Olson 1.Mayor's Proposed 2027-2027 Biennial Budget First Reading – Mayor's Office   Item 8.1       Packet pg. 45/302   Item 8.1       Packet pg. 45/302 Edmonds City Council Minutes Regular Meeting October 06, 2026 Page 4 Mayor Rosen reviewed the Council’s current status in the biennial budgeting process. Council provided comments and questions. 2.Discussion of Utility Rate Study and future adoption of a Utility Rate Ordinance First Reading – Public Works and Utilities Mike DeLilla, City Engineer, and Andy Rheaume, Public Works Director, introduced Chris Gonzalez, a consultant from FCS Bowman. Mr. Gonzalez provided a background on the utility rate study followed by a detailed overview of the rate update including methodology, study findings, and relevant comparisons. 11.COUNCIL COMMENTS Councilmembers commented on various topics. 12.MAYOR'S COMMENTS Mayor Rosen provided comments. 13.EXECUTIVE SESSION PURSUANT TO RCW 42.30.110(1)(i) Mayor Rosen announced the Council would convene in executive session to discuss pending or potential litigation per RCW 42.30.110(1)(i) for approximately 8:45pm. At 8:45pm, Mayor Rosen announced the executive session would be extended until 8:55pm. 14.RECONVENE IN OPEN SESSION The meeting reconvened in open session at 8:55pm. ADJOURNMENT The meeting was adjourned at 8:55pm.   Item 8.1       Packet pg. 46/302   Item 8.1       Packet pg. 46/302 City Council Agenda Item 8.2 October 13, 2026 - Regular Meeting TITLE:Yost Pool - Cascade Swim Club 2026-2036 Operation Agreement (Second Reading) DEPARTMENT:Parks and Recreation PRESENTER:Angie Feser, Director NEEDED FROM COUNCIL:Action RECOMMENDATION:Council approve the attached final 2026-2036 Operation Agreement – Yost Pool Property between the City of Edmonds and the Cascade Swim Club. BUDGET: Total Dollar Amount:$ 25,000 ☒ Approved in Budget Fund(s):various operating funds in Parks Maintenance division ☐ Budget Reallocation Required ☐ No Budget Impact PROBLEM/ISSUE STATEMENT: The City of Edmonds and Cascade Swim Club are in the second year of a five-year concessionaire agreement to provide programs and limited operations at the Yost Pool. As a service provider through the current concessionaire agreement, Cascade pays the city more than $100,000 a year to cover the cost of pool utilities, including gas, water and electricity. During the 2025-26 mid-biennium modification process budget discussions, the City Council directed the administration to require Cascade to pay an additional $83,500 in 2026 to offset the city’s cost of maintaining and operating the pool. That required the existing concessionaire contract to be renegotiated. A key Council objective is to decrease city costs (by increasing revenue from Cascade), which led to the development of a creative solution was developed. With this new approach, Cascade would assume responsibility for routine maintenance and operations, in addition to pool programming, through an updated operation agreement. In summary, Cascade will assume all routine pool maintenance including, but not limited to, the direct costs of utilities, supplies, materials and services required to operate and provide programming at Yost pool.   Item 8.2       Packet pg. 47/302   Item 8.2       Packet pg. 47/302 Revisions from the agreement draft reviewed by the Council’s Parks and Public Works committee during its September 15, 2026 meeting include: Agreement Revisions Page Section Item 4 2.1 Effective date – November 1, 2026 7 4.7 Existing and additional 2026 concessionaire charges established by Council 18 9.17 Pro-rating of concessionaire payments for 2026 CONTEXT, ANALYSIS, & ALTERNATIVES: Alternatives include – 1. Not approving the new Operation Agreement and keeping the existing Concessionaire Agreement and current programming model. This would require the renegotiation of the current Concessionaire agreement to include the additional $83,500 fee for 2026. 2. Amending the proposed Operation Agreement. RECOMMENDATION: Council approve the attached final 2026-2036 Operation Agreement – Yost Pool Property between the City of Edmonds and the Cascade Swim Club. BUDGET IMPACTS: If adopted, the Operation Agreement would have an effective date of November 1, 2026. Cascade will assume all utility, supplies and material costs as well as provide labor to support and implement routine maintenance work at Yost Pool. Cascade is responsible for the pro-rated 2026 payment of $154,583 total including both the concessionaire agreement ($102,000/year) and the additional fee ($83,500) for 10 months of the year. The decrease in revenue from Cascade for the last two months of 2026 totals $30,917, however, the city’s costs are offset by a decrease in pool-related expenditures of $14,835 (utilities, supplies and professional services paid directly to vendors by Cascade). The remaining $25,000 in labor-related costs is covered by salary savings related to 2026 unfilled parks maintenance positions. Those labor hours are re-assigned for work throughout the city-wide parks system. In addition, if Cascade requests city parks maintenance staff assistance, the costs of labor and materials provided will be reimbursed to the City. ITEM HISTORY: The City and Cascade first entered into an annual concessionaire’s agreement in August 2021 and in 2025 entered into a five-year renewal agreement. The pool availability also changed from summer use only to year-round. The agreement requires Cascade to provide   Item 8.2       Packet pg. 48/302   Item 8.2       Packet pg. 48/302 resident/non-resident rates and guaranteed programming to the Edmonds public such as open swim, lap swim, and swim lessons. This partnership has proven to be very successful and has allowed the pool to remain open. It would be very challenging for the City to directly operate, program, staff and maintain the pool. December 16, 2025, Council Regular Meeting: 2025-2026 Biennium budget modification July 14, 2026, Council Regular Meeting: Cascade Swim Club Yost Pool Agreement Update September 15, 2026 Parks & Public Works Committee Meeting: Yost Pool - Cascade Swim Club Agreement (First Reading) ADDITIONAL INFORMATION: ATTACHMENTS: 2026-2036 Operation Agreement – Yost Pool Property (final) 2026-2036 Operation Agreement – Yost Pool Property (redline)   Item 8.2       Packet pg. 49/302   Item 8.2       Packet pg. 49/302 OPERATION AGREEMENT – YOST POOL PROPERTY CITY OF EDMONDS AND CASCADE SWIM CLUB   Item 8.2       Packet pg. 50/302   Item 8.2       Packet pg. 50/302 TABLE OF CONTENTS LIST OF EXHIBITS..................................................................................................................... ii OPERATION AGREEMENT – YOST POOL PROPERTY ................................................... 1 SECTION 1. AGREEMENT TO OPERATE POOL ............................................................... 1 SECTION 2. TERM..................................................................................................................... 1 SECTION 3. OPERATIONAL COSTS ..................................................................................... 2 SECTION 4. CASCADE’S OTHER OBLIGATIONS ............................................................. 2 SECTION 5. CITY’S AUTHORITY AND OBLIGATIONS .................................................. 6 SECTION 6. INDEMNITY, INSURANCE ................................................................................ 7 SECTION 7. DEFAULT / EXPIRATION & TERMINATION ............................................ 10 SECTION 8. REPRESENTATIONS ....................................................................................... 11 SECTION 9. GENERAL PROVISIONS ................................................................................. 12   Item 8.2       Packet pg. 51/302   Item 8.2       Packet pg. 51/302 LIST OF EXHIBITS EXHIBIT A: Property Description EXHIBIT B: Property Depiction EXHIBIT C: Yost Pool Management Requirements EXHIBIT D: Yost Pool Operations Daily Checklist EXHIBIT E: Cascade Yost Pool Safety Action Plan   Item 8.2       Packet pg. 52/302   Item 8.2       Packet pg. 52/302 1 OPERATION AGREEMENT – YOST POOL PROPERTY CITY OF EDMONDS / CASCADE SWIM CLUB THIS OPERATION AGREEMENT (“Agreement”), effective the __ day of _______ 2026 (“Effective Date”), is between the CITY OF EDMONDS, a municipal corporation of the State of Washington (the “City”), and CASCADE SWIM CLUB, a Washington non-profit organization (“Cascade”). WHEREAS, the City owns the property at 9535 Bowdoin Way in Edmonds, Washington; Cascade has operated Yost Pool, located on that property, pursuant to a Concession Agreement with the City since 2021; and the parties desire to continue to collaborate on the operations of Yost Pool for the benefit of both the parties and the general public; and WHEREAS, Cascade, as a non-profit community partner, provides to the public valuable education in water safety as well as swim lessons, recreational swim teams, public lap swim, and other opportunities for the community that help increase citizen safety in and near the water; and WHEREAS, the City desires to continue the operation of Yost Pool for such purposes in an economically responsible way and Cascade desires to continue to provide such services; NOW, THEREFORE, the parties, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and intending to be legally bound by the terms and conditions of this Agreement, agree as follows: SECTION 1. AGREEMENT TO OPERATE POOL 1.1 Agreement to Operate Yost Pool. The parties agree that Cascade will manage the operation of Yost Pool for the duration of this Agreement. The Yost Pool property is described in Exhibit A, attached hereto, and the pool building location is depicted in Exhibit B, attached hereto (the “Property”). 1.2 Use of the Property. Except as otherwise provided herein, Cascade shall use the Property for the purposes of operating Yost Pool for the benefit of its members as well as members of the public in coordination with the City of Edmonds’ Parks & Recreation Department. SECTION 2. TERM 2.1 Initial Term. The initial term of this Agreement (“Agreement Term”) shall be for a period of ten (10) years and two (2) months commencing on November 1, 2026 (“Commencement Date”), and terminating on December 31, 2036 (“Expiration Date”), subject to an agreed extension of the Agreement Term or earlier termination of the Agreement as provided herein. 2.2 Extension Term. The Agreement Term may be extended for one (1) additional period of five (5) years upon mutual agreement of the parties.   Item 8.2       Packet pg. 53/302   Item 8.2       Packet pg. 53/302 2 2.2.1 Conditions of Extension. In order for Cascade to qualify for an extension of the Agreement Term, it shall: (i) not be in material default at the time of requesting an Extension Term and thereafter; (ii) it shall provide written notice of its request for the Extension Term at least sixty (60) days prior to the expiration of the Agreement Term. 2.2.2 Process for Extension. No sooner than one hundred eighty (180) days and no later than sixty (60) days prior to the expiration of the Agreement Term, Cascade shall provide written notice of its request to enter into the Extension Term. The City and Cascade shall meet no later than thirty (30) days prior to the expiration of the Agreement Term to confirm the Extension Term, discuss any matters pertaining thereto and sign an Agreement Addendum incorporating the Extension Term and any mutually acceptable matters pertaining to the Extension Term. The City may decline the request for the Extension Term at its sole discretion. SECTION 3. OPERATIONAL COSTS 3.1 Cascade is solely responsible for paying all water, sewer, and electricity and natural gas service utility fees for the Property during the Agreement Term and Extension Term, if any, as well as any and all costs incurred relating to repair, maintenance, operating expenses, and approved tenant improvement expenses as set forth in Section 4, below. Cascade agrees that the City shall not be obligated to perform any acts or be subject to any liabilities or to make any payments, except as otherwise specifically and expressly provided in this Agreement. In the event that the City pays any such amounts, whether to cure a default or otherwise protect its interests hereunder, the City shall be entitled to be reimbursed by Cascade the full amount of such payments within thirty (30) days of written demand by the City. Failure to timely pay such amounts shall be an event of Default pursuant to Section 7 of this Agreement. SECTION 4. CASCADE’S OTHER OBLIGATIONS 4.1 Pool Operations Management / Independent Contractor. Cascade shall maintain and operate Yost Pool and any associated programs for the term of this Agreement and shall be responsible for the daily management of Yost Pool in compliance with the Yost Pool Management Requirements set forth in Exhibit C. The parties intend that Cascade’s obligations relating to the management and operation of Yost Pool create an independent contractor relationship between Cascade and the City; that this Agreement does not create a contract of employment between the parties; and that Cascade is an independent entity with respect to the management and operation of Yost Pool. Nothing in this Agreement will be considered to create the relationship of employer and employee between the parties hereto. No agent, employee or representative of Cascade will be deemed to be an agent, employee or representative of the City for any purpose. Cascade will be solely responsible for all acts of its agents, employees, representatives, volunteers and subcontractors with respect to the management and operation of Yost Pool during the Agreement Term and Extension Term, if any. Cascade will also be solely responsible for any payment due to its agents, employees, representatives or subcontractors, including workers compensation and related costs. Cascade warrants that it has conducted a criminal background check for any agent, employee, representative or other person performing services on its behalf. Cascade warrants that it has conducted a criminal history background check pursuant to the Child and Adult Abuse Information Act as authorized   Item 8.2       Packet pg. 54/302   Item 8.2       Packet pg. 54/302 3 by RCW 43.43.830-845, for any prospective employee who will or may have unsupervised access to children under sixteen years of age or developmentally disabled persons or vulnerable adults during the course of his or her employment or involvement with Cascade’s business or organization, or any prospective volunteer who will have regularly scheduled unsupervised access to children under sixteen years of age, developmentally disabled persons, or vulnerable adults during the course of his or her employment or involvement with Cascade’s business or organization under circumstances where such access will or may involve groups of five or fewer children under twelve years of age, three or fewer children between twelve and sixteen years of age, developmentally disabled persons, or vulnerable adults. 4.2 Pool Operation. Cascade shall be responsible for the safe operation of Yost Pool (maximum occupancy 260) for the period of the Agreement Term and Extension Term, if any, in compliance with the Yost Pool Operations Daily Checklist set forth in Exhibit D and pursuant to all applicable guidelines provided by the State of Washington Governor’s Office, Snohomish County Health Department, and the Cascade Yost Pool Safety Action Plan set forth in Exhibit E. In addition, Cascade shall develop written Standard Operating Procedures (SOPs) and provide them to the City. Upon the City’s written approval thereof, which approval shall not be unreasonably withheld, Cascade may begin the routine maintenance activities of the pool. Cascade’s responsibilities include oversight of lap swim, open swim, swim lessons, rentals, swim team, swim meets, special events and all scheduled pool activities, and all other pool/site management. During all hours of operation, Cascade shall maintain on duty adequate personnel to comply with all terms and conditions of this Agreement. Cascade represents that Cascade and its employees, representatives, agents and volunteers have the necessary knowledge, skill and experience to competently provide the swimming pool operation services hereunder and will do so in a professional manner consistent with customary practices. 4.2.1 Summer Season. During the summer swim season, defined as those days when the Edmonds School District is on summer break, Cascade shall offer the following public access to the pool, at a minimum: family / open recreational swim; lap swim; swimming lessons; and recreational swim team (Yost Penguins). Specific schedule to be determined by Cascade and approved by the City. 4.2.2 Non-Summer Season. During the non-summer swim season as defined as the weeks in which the Edmonds School District is not on summer break, Cascade shall offer public lap swim at a minimum. Specific schedule to be determined by Cascade and approved by the City. 4.3 Repairs. Cascade shall be responsible for all repairs for any and all impacts or damages to the Property attributable to the actions of Cascade and its invitees and agrees to return the Property to its original condition, prior to the time of the needed repair and as deemed acceptable by the City.   Item 8.2       Packet pg. 55/302   Item 8.2       Packet pg. 55/302 4 4.4 Property Maintenance. At all times during the Agreement Term and Extension Term, if any, Cascade shall reasonably keep and maintain the Property in good repair and condition and shall undertake all necessary and appropriate preventive maintenance and clean-up, reasonable wear and tear excepted. Such maintenance and clean-up shall be done with reasonable dispatch at Cascade’s sole expense. See Section 4.14, below, regarding the City’s rights to inspection of the Property. Prior to entering into an Extension Term of this Agreement an inspection will be required and all reasonable repairs and maintenance needed to be done must be done to the Property before the Extension Term of the Agreement commences. 4.5 No Liens or Encumbrances. During the Agreement Term and Extension Term, if any, Cascade agrees to pay, when due, all sums for labor, services, materials, supplies, utilities, furnishings, machinery, or equipment which have been provided for its use to the Property. If any lien is filed against the Property which Cascade wishes to protest, then Cascade shall immediately deposit cash with the City, or procure a bond acceptable to the City, in an amount sufficient to cover the cost of removing the lien from the Property. Failure to remove the lien or furnish the cash or bond acceptable to the City within thirty (30) days from the lien filing date shall constitute an event of default under this Agreement and the City shall automatically have the right, but not the obligation, to pay the lien in full with no notice to Cascade and Cascade shall immediately reimburse the City for any sums so paid to remove any such lien. Cascade shall not encumber the Property without prior written approval of the City. 4.6 Utilities. Cascade is solely responsible for verifying the existence, location, capacity and availability of all utilities it may need for Cascade’s planned use of the Property. The Property, as made available to Cascade by the City, shall include utility access for water, sewer, gas, electrical power, internet, and telephone. If possible, Cascade shall be responsible for paying all utility fees directly to the service providers during the Agreement Term and Extension Term, if any. For utilities that service City properties other than just the pool facility, the City will invoice Cascade for the appropriate portion of such utility costs. 4.7 Operating Expenses. Cascade shall pay the following operating expenses: All expenses relating to the business function of Cascade, including but not limited to staff wages, benefits, and uniforms; communications; signage; bank and payment processing fees; cleaning fees; equipment, supplies, and chemicals to clean and maintain the pool, pool house, locker rooms and office, replacement of consumable pool equipment such as flotation devices; and the like; first aid supplies; and expenses associated with any required health department permits for the operation of the pool and spa/hot tub. The parties acknowledge that, upon the Commencement Date of this Agreement, at which time Cascade will assume responsibility for all maintenance and operating costs, Cascade will no longer be obligated to make the remaining payments due under the parties’ Agreement for Recreation User Concession at Yost Park, dated April 15, 2025, as amended by its Amendment No. 1, consisting of $8,400.00 monthly payments and $8,350.00 additional monthly payments for 2026. 4.8 Signs. Any signs erected by Cascade must comply with all local sign ordinances. Cascade shall remove all signs and sign hardware upon termination of this Agreement and restore the sign location(s) to its (their) former state(s) unless the City elects to retain all or any portion(s) of the signage.   Item 8.2       Packet pg. 56/302   Item 8.2       Packet pg. 56/302 5 4.9 Improvements. Cascade may make only such improvements to the Property for which Cascade has received the City’s prior written authorization. If so authorized, Cascade shall at its own expense make such alterations to the Property as may be required for the purposes of its operational needs. The City hereby approves the installation of USA Swimming-approved starting blocks as an improvement. 4.10 Use by Third Parties / Assignment. Cascade will not allow third parties to use the Property or assign its obligations under this Agreement without the City’s prior written consent. Notwithstanding the foregoing, short-term use of the pool by third parties for swim meets, practices, events, classes, or similar aquatic activities shall be considered an authorized use, provided that Cascade retains operational control and responsibility for the Property during such use. Cascade will provide the City with reasonable advance notice of any recurring third-party uses. 4.11 No Discrimination. Cascade shall, in all hiring or employment made possible or resulting from this Agreement, take affirmative action to ensure that there will be no unlawful discrimination against any employee or applicant for employment because of sex, race, age, color, religion, national origin, marital status, sexual orientation, veteran status, liability for service in the armed forces of the United States, disability, or the presence of any sensory, mental or physical handicap, or any other protected class status, unless based upon a bona fide occupational qualification. This requirement will 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 will be denied, or subjected to discrimination in receipt of the benefit of, any services or activities made possible by or resulting from this Agreement on the grounds of sex, race, age, color, religion, national origin, marital status, sexual orientation, veteran status, liability for service in the armed forces of the United States, disability or the presence of any sensory, mental, or physical handicap, or any other protected class status. Cascade will comply with RCW 4.24.660 (Zackery Lystedt Law) regarding youth sports concussion and head injuries. Cascade will comply with the City of Edmonds’ Gender Equality Policy, pursuant to RCW 49.60.505. 4.12 Compliance with Laws. Cascade in the performance of its obligations under this Agreement shall comply with all applicable Federal, State, Public Health, and local laws and ordinances, including regulations for licensing, certification and operation of facilities, programs and accreditation, and licensing and certification of individuals, and any other standards and criteria as described in the Agreement to assure quality of services. Cascade will comply with all public health and safety guidelines and requirements of the federal government, the State of Washington, the Snohomish Health District, and the City, including but not limited to Chapter 246-260 WAC. Cascade will consult this information regularly during the Agreement Term and Extension Term, if any, to ensure that the latest guidelines and requirements are promptly implemented. Failure to comply with all applicable health and safety guidelines and requirements, to include the failure of any inspection conducted by the City of Edmonds or the Snohomish Health District, constitutes a violation of the terms of this Agreement. 4.13 Destruction of Property. In the event that the Property or the building thereon is partially or totally destroyed by fire or other casualty, Cascade may, at its option, terminate this   Item 8.2       Packet pg. 57/302   Item 8.2       Packet pg. 57/302 6 Agreement. In the event of partial or total destruction of the Property by fire or other casualty, neither Cascade nor the City shall claim damages, one from the other, irrespective of negligence. 4.14 Public Place. Notwithstanding the exclusivity of occupancy granted from time to time by the terms of this Agreement, the Property shall be considered a public place insofar as City of Edmonds ordinances are applicable to public places. It is further understood that the Property, including the building thereon, shall at all times be open for inspection and search by duly authorized personnel working on behalf of the City, including but not limited to fire, police, building officials, water and sewer personnel and City maintenance and facility personnel. SECTION 5. CITY’S AUTHORITY AND OBLIGATIONS 5.1 Occupancy of Property. The City grants to Cascade the right to occupy the Property as of the Commencement Date. In the event the City shall permit Cascade to occupy the Property prior to the Commencement Date, such occupancy shall be subject to all provisions of this Agreement. Early or delayed occupancy shall not advance or defer the Expiration Date of this Agreement. 5.2 Access to Property. Subject to Cascade performing all of Cascade’s obligations under this Agreement and subject to the City’s rights and obligations under this Agreement, including but not limited to the rights set forth below and the service obligations set forth in Section 5.6, Cascade’s occupancy of the Property will otherwise not be disturbed by the City. The City reserves the right to require emergency closure of the Property/Yost Pool facility at any time if, in its sole discretion, such closure is required for public health and/or safety. 5.3 Responsibilities for Property. The City is responsible for paying all property taxes and all capital expenses. Capital expenses include but are not limited to the replacement of major pool equipment as needed, major renovations to the pool or building, and construction of new infrastructure. The City will undertake all major maintenance and make all necessary capital repairs to the Property, including but not limited to repairing the boiler or pump, and draining and refilling the pool for replastering or similar major maintenance activities; provided, that Cascade will be responsible for the costs of any capital repair needed for damage resulting from Cascade’s sole negligence. The City will coordinate with Cascade on any necessary pool closures for repair and maintenance activities. The City shall also be responsible for the maintenance of the parking lot, lighting system, landscape beds and lawn outside and adjacent to the pool building and fence. Cascade will be responsible for the maintenance of the lawn inside the fenced area. The City otherwise has no obligations and makes no warranties or representations regarding the condition of the Property, including, without limitation, the suitability of the Property for Cascade’s intended uses. 5.4 Limitation of Liability of City. The City shall not be liable to Cascade for any damages arising from the physical condition of the Property, including the failure, bursting, or leaking of plumbing, or the failure of electrical wiring or fixtures, gas, water, steam or other pipes or sewer systems; damages caused by water, snow or ice upon or coming through the roof, doors, or other parts of the building on the Property; or the acts or omissions of third parties not under the City’s direction or control, except to the extent that such damages arise from: (a) the   Item 8.2       Packet pg. 58/302   Item 8.2       Packet pg. 58/302 7 negligence, gross negligence, or willful misconduct of the City, its employees, representatives, or agents; (b) the City’s failure to perform its obligations under this Agreement after receiving written notice from Cascade and a reasonable opportunity to cure; or (c) a latent condition of the Property of which the City had actual or constructive knowledge as of the Commencement Date. 5.5 Pool Services. Cascade shall be responsible for providing chemical supplies for and managing all Yost Pool chemical systems, including but not limited to daily testing and maintenance of pool chemicals as needed to maintain a safe swimming environment, and for maintaining the filter pit and mechanical systems, including but not limited to weekly cleaning to maintain functional operating systems. The City will provide training as requested for daily and weekly pool maintenance, including but not limited to pool cleaning and chemistry testing. The City shall respond to calls from Cascade regarding issues with pool chemicals and/or operating systems and will provide on-call maintenance services as requested by Cascade, to be billed to Cascade on a time and materials basis. The Mechanical Room, Chlorine Room, and Chemical Supply Room will remain locked at all times. Access to these rooms will be limited to Cascade’s and the City’s maintenance staff. 5.6 Additional Services. The City will provide and maintain a Wi-Fi hotspot for use at Yost Pool. The City will publicize Yost Pool on the City of Edmonds website and social media sites. Cascade will be responsible for providing and maintaining an AED unit for use at Yost Pool. 5.7 Health and Safety. Cascade will be responsible for taking all reasonable steps to maintain health and safety at Yost pool. The City will have final authority on health and safety to include contact with the Snohomish County Department of Health, health inspections and required closure for non-compliance. SECTION 6. INDEMNITY, INSURANCE 6.1 General Indemnity. Upon the Commencement Date of this Agreement, each party shall defend, indemnify, and hold the other party, its officers, officials, employees, representatives, agents and volunteers harmless from and against any and all claims, losses, demands, suits, actions, or liabilities for injury or death of any person, or for loss or damage to property, including attorneys’ fees (collectively “Costs”), which in whole or in part, directly or indirectly, arise from the indemnifying party’s performance of this Agreement or otherwise arising from the indemnifying party’s use of the Property; provided that nothing herein shall require either party to indemnify the other party against and hold harmless the other party from claims, losses, demands, suits, actions, or liabilities based solely on the conduct of the other party, its officers, officials, employees, representatives, agents or volunteers. Cascade’s obligations and liabilities hereunder shall commence on the Effective Date of this Agreement if earlier than the Commencement Date and if caused by the activities of Cascade on the Property. As used herein, the indemnification provided by the parties is intended to include indemnification for the actions of the parties and their officers, officials, employees, representatives, volunteers and other agents. 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 Cascade, its officers,   Item 8.2       Packet pg. 59/302   Item 8.2       Packet pg. 59/302 8 officials, employees, representatives, agents and volunteers and the City, its officers, officials, employees, representatives, agents and volunteers, each party’s liability hereunder shall be only to the extent of that party’s negligence. Should the indemnifying party be required to incur defense expenses on behalf of itself or the other party in defending a claim which ultimately is determined to be the result of the sole negligence of the other party, the other party will indemnify and hold harmless the indemnifying party for such expenses. The City and Cascade will comply with all applicable sections of the applicable Ethics laws, including RCW 42.23, which is the Code of Ethics for regulating contract interest by municipal officers. It is further specifically and expressly understood that the parties specifically assume potential liability for actions brought by their own employees against the other party and, solely for the purpose of this indemnification and defense, the parties specifically waive any immunity under the state industrial insurance law, Title 51 RCW. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 6.2 Insurance Requirements. 6.2.1 Cascade and the City each warrant that they will maintain in full force and effect for the duration of the Agreement Term and Extension Term, if any, the following insurance coverage or its equivalent in pooled self-insurance, and agree to the following provisions related thereto: 6.2.1.1 For Cascade, “All Risk” property insurance covering the full value of Cascade’s property and improvements located on the Property with no coinsurance provisions. For the City, “All Risk” property insurance covering the Property for full replacement value of the building thereon without any coinsurance provisions. 6.2.1.2 Commercial General Liability insurance coverage written on an occurrence basis, with limits no less than $5,000,000 each occurrence and $10,000,000 general aggregate for personal injury, bodily injury and property damage. 6.2.1.3 Commercial General Liability insurance will be written on ISO occurrence form CG 00 01 and will cover liability arising from premises, operations, independent contractors, products-completed operations, stop gap liability, personal injury and advertising injury, and liability assumed under and insured contract. 6.2.1.4 Sexual Abuse/Molestation Insurance with limits no less than $1,000,000 each occurrence or claim limits. 6.2.1.5 The City will be named as an insured under Cascade’s Commercial Grade Liability and Sexual Abuse/Molestation insurance policies with respect to the operations performed using ISO Additional Insured endorsement CG 20 10 04 13 and Additional Insured-Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage.   Item 8.2       Packet pg. 60/302   Item 8.2       Packet pg. 60/302 9 6.2.1.6 The City has liability coverage through its membership in Washington Cities Insurance Authority (WCIA) insurance pool. The above requirement will be satisfied by the City’s coverage by and membership in the WCIA pool. 6.2.1.7 Failure on the part of Cascade or the City to maintain the insurance as required will constitute a material breach of this Agreement, upon which Cascade or the City may, after giving five (5) business days’ notice to the other party to correct the breach, immediately terminate the Agreement. 6.2.1.8 All insurance policies will contain a clause stating that coverage will apply separately to each insured against whom a claim is made or suit is brought, except with respects to the limits of the insurer’s liability. 6.3 Proof of Insurance. On or before the Commencement Date, Cascade shall furnish the City with evidentiary proof of the existence of all insurance required under this Section 6.2 from an insurer with a current A.M. Best rating of not less than A:VII.. Insurance must be maintained without any lapse in coverage. Cascade shall provide the City with written notice of any policy cancellation within two (2) business days of its receipt of such notice. 6.4 Waiver of Subrogation. Cascade and the City hereby release and discharge each other from all claims, losses and liabilities arising from or caused by any hazard covered by property insurance on or in connection with the Property. This release shall apply only to the extent that such claim, loss or liability is covered by insurance. 6.5 Availability of Cascade’s Limits. If Cascade maintains higher insurance limits than the minimums shown above, the City shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by Cascade, irrespective of whether such limits maintained by Cascade are greater than those required by this Agreement or whether any certificate of insurance furnished to the City evidences limits of liability lower than those maintained by Cascade. 6.6 Failure to Maintain Insurance. Failure on the part of Cascade to maintain the insurance as required shall constitute a material breach of this Agreement, upon which the City may, after giving five (5) business days’ notice to Cascade to correct the breach, terminate this Agreement or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand.   Item 8.2       Packet pg. 61/302   Item 8.2       Packet pg. 61/302 10 SECTION 7. DEFAULT / EXPIRATION & TERMINATION 7.1 Cascade Default. 7.1.1 The occurrence of any one or more of the following shall constitute a material default and breach of this Agreement by Cascade: 7.1.1.1 Vacating the Property. The vacation or abandonment of the Property by Cascade for more than thirty (30) days. 7.1.1.2 Unpermitted Use of the Property. The use of the Property for any purpose not authorized by the terms of this Agreement where such unpermitted use of the Property shall continue for a period of thirty (30) days after written notice thereof shall be grounds for default. 7.1.1.3 Failure to Perform. Failure by Cascade to observe or perform any of the obligations, covenants or provisions of this Agreement to be observed or performed by Cascade, specifically including, without limitation, Cascade’s utilization of the Property for purposes materially inconsistent with those set forth in this Agreement where such failure shall continue for a period of thirty (30) days after written notice thereof from the City to Cascade; provided, that if the nature of Cascade’s default is such that more than thirty (30) days are reasonably required for its cure, then Cascade shall not be deemed to be in default if Cascade shall commence such cure within the thirty (30) day period and thereafter diligently prosecutes such cure to completion. Notice shall specify the portion of this Agreement Cascade has failed to perform and the action that the City seeks to be taken by Cascade to prevent the default. The City agrees not to invoke any remedies until such thirty (30) days have elapsed. 7.1.2 Remedies in Default. In the event of any default or breach by Cascade under this Agreement, in addition to any other remedies at law or in equity, the City may terminate Cascade’s right to occupancy of the Property by providing advance written notice of at least thirty (30) days. 7.1.3 Legal Action. If either party commences legal action relating to this Agreement, its terms, conditions or enforcements thereof, the prevailing party shall be entitled to all reasonable costs and attorney’s fees incurred in bringing such action. Venue for any such legal action shall lie exclusively in Snohomish County Superior Court. 7.2 City Default. The City shall not be in default unless the City fails to perform obligations required of the City under this Agreement within a reasonable time, but in no event later than thirty (30) days after written notice by Cascade to the City; provided, that if the nature of the City’s obligation is such that more than thirty (30) days are required for performance, then the City shall not be in default if the City commences performance within such thirty (30) day period and thereafter diligently prosecutes the same to completion. The notice shall specify the portion of this Agreement that the City has failed to perform and the action that Cascade seeks to be taken by the City to prevent the default. Cascade agrees not to invoke any remedies until such thirty (30) days have elapsed.   Item 8.2       Packet pg. 62/302   Item 8.2       Packet pg. 62/302 11 7.3 Expiration of Agreement. Upon expiration of this Agreement, the Property including all improvements thereto shall be the property of the City and shall be subject to no encumbrances or liens whatsoever. Upon expiration, Cascade shall quit and surrender the Property without demand or further notice and leave the same in a neat and clean condition, and shall deliver all keys belonging to the Property to the City. 7.4 Termination of Agreement. Termination of the Agreement shall operate to discharge all obligations that are executory by either party on or after the effective date of termination, but any right of a party based upon performance or breach of this Agreement prior to the effective date of termination shall survive. Other than the other reasons for termination noted elsewhere in this Agreement, the Agreement may be terminated: 7.4.1 If Cascade fails to comply with the terms and conditions of this Agreement or its obligations hereunder, and the City deems the continuation of the Agreement may be substantially detrimental to the City’s interests, the City shall notify Cascade of the termination, the reasons therefor, and the effective date. 7.4.2 By the mutual written agreement of Cascade and the City, the agreement to terminate shall include the conditions of termination and the effective date. 7.4.3 In the event that, during the Agreement Term or Extension Term, if any, the City determines that it is in the best interests of the citizens of the City of Edmonds to develop or redevelop any of the Property in a way that would preclude Cascade’s use of the Property as contemplated herein, the City shall provide Cascade with Three Hundred Sixty-Five (365) days’ notice of termination of this Agreement. Upon termination, Cascade shall quit and surrender the Property without demand or further notice and leave the same in a neat and clean condition, and shall deliver all keys belonging to the Property to the City. 7.5 Removal of Cascade’s Property. In the event of any entry in, or taking possession of, the Property upon expiration or termination of this Agreement, the City shall have the right, but not the obligation, to remove from the Property all personal property located therein, and may place the same in storage in a public warehouse at the expense and risk of the owners thereof. SECTION 8. REPRESENTATIONS 8.1 Representations of the City. 8.1.1 The City is a municipal corporation duly organized, validly existing, and in good standing under the laws of the State of Washington, with full power and authority to enter into agreements for the use of the Property. 8.1.2 The City’s execution, delivery and performance of this Agreement have been duly authorized consistent with its requirements under Washington law.   Item 8.2       Packet pg. 63/302   Item 8.2       Packet pg. 63/302 12 8.1.3 The City owns the Property and has full power and authority to execute, deliver, and perform all of the terms and conditions of this Agreement. This Agreement constitutes the City’s legal, valid and binding obligations, enforceable against the City in accordance with its terms, subject to the effects of bankruptcy, insolvency, fraudulent conveyance, or similar laws affecting creditor’s rights and equitable principles. 8.1.4 There is no claim, action, proceeding or investigation pending or, to the actual knowledge of the City, threatened in writing, nor is there any legal determination or injunction that calls into question the City’s authority or right to enter into this Agreement or perform the obligations specified in this Agreement. 8.2 Representations of Cascade. 8.2.1 Cascade is a non-profit organization duly organized, validly existing, and in good standing under the laws of the State of Washington. Cascade has full power and authority to enter into and perform its obligations pursuant to this Agreement. 8.2.2 This Agreement constitutes Cascade’s legal, valid and binding obligations, enforceable against Cascade in accordance with its terms, subject to the effects of bankruptcy, insolvency, fraudulent conveyance, or similar laws affecting creditor’s rights and equitable principles. 8.2.3 Cascade’s execution, delivery and performance of this Agreement have been duly authorized consistent with its requirements under Washington law. 8.2.4 There is no claim, action, proceeding or investigation pending or, to the actual knowledge of Cascade, threatened in writing, nor is there any outstanding judicial determination or injunction that calls into question Cascade’s authority or right to enter into this Agreement. SECTION 9. GENERAL PROVISIONS 9.1 Governing Law/Compliance with Laws. This Agreement shall be governed and construed according to the laws of the State of Washington, without regard to its choice of law provisions. Venue shall be in Snohomish County. The parties hereto shall comply with all applicable laws and regulations in carrying out their obligations under this Agreement, including but not limited to Ch. 70.90 RCW, Ch. 246-260 WAC, and Health Department regulations. 9.2 No Benefit to Third Parties. The City and Cascade are the only parties to this Agreement and as such are the only parties entitled to enforce its terms. Nothing in this Agreement gives or shall be construed to give or provide any benefit, direct, indirect, or otherwise to third parties. Nothing in this Agreement shall be construed as intending to create a special relationship with any third party; neither the City nor Cascade intend to create benefits in favor of any third parties as a result of this Agreement.   Item 8.2       Packet pg. 64/302   Item 8.2       Packet pg. 64/302 13 9.3 Notices. All notices required or desired to be given under this Agreement shall be in writing and may be delivered by hand delivery, by placement in the U.S. mail, postage prepaid, as certified mail, return receipt requested, or an unofficial notice may be sent via e-mail followed up by either of the official notice methods mentioned above in this Section 9.3- addressed to Cascade at: Cascade Swim Club 20127 183rd PL. NE Woodinville, WA 98077 Attn: Garrett McCaffrey, Executive Director & Head Coach And to the City at: City of Edmonds 121 5th Avenue North Edmonds, Washington 98020 Attn: City Clerk Angie Feser Director Edmonds Parks & Recreation Frances Anderson Center 700 Main Street, Edmonds, Washington 98020 425-771-0256 Angie.Feser@edmondswa.gov Any notice delivered by hand delivery shall be conclusively deemed received by the addressee upon actual delivery; any notice delivered by certified mail as set forth herein shall be conclusively deemed received by the addressee on the third Business Day after deposit; and any notice delivered by e-mail must be followed by a notice issued in one of the methods mentioned above and deemed received as stated. The addresses to which notices are to be delivered may be changed by giving notice of such change in accordance with this notice provision. 9.4 Time of the Essence. Time is of the essence in the performance of and adherence to each and every obligation, responsibility, covenant and condition of this Agreement. 9.5 No Waiver. Waiver by the City or Cascade of strict performance of any provision of this Agreement shall not be deemed a waiver of or prejudice the City’s or Cascade’s right to require strict performance of the same provision in the future or of any other provision. 9.6 Survival. Any covenant or condition (including, but not limited to, indemnification agreements), set forth in this Agreement, the full performance of which is not specifically required prior to the expiration or earlier termination of this Agreement, and any covenant or condition which by their terms are to survive, shall survive the expiration or earlier termination of this Agreement and shall remain fully enforceable thereafter.   Item 8.2       Packet pg. 65/302   Item 8.2       Packet pg. 65/302 14 9.7 Partial Invalidity. If any provision of this Agreement is held to be invalid or unenforceable, the remainder of this Agreement, or the application of such provision to persons or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby, and each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 9.8 Calculation of Time. All periods of time referred to in this Agreement shall include Saturdays, Sundays, and legal holidays. However, if the last day of any period falls on a Saturday, Sunday, or legal holiday, then the period shall be extended to include the next day which is not a Saturday, Sunday or legal holiday. “Legal Holiday” shall mean any holiday observed by the Federal Government. As used in this Agreement, “Business Days” shall exclude Saturdays, Sundays, legal holidays. 9.9 Headings. The article and section headings contained herein are for convenience in reference and are not intended to define or limit the scope of any provisions of this Agreement. 9.10 Exhibits Incorporated by Reference. All Exhibits attached to this Agreement are incorporated by reference herein for all purposes. 9.11 Modification. This Agreement may not be modified except by a writing signed by the parties hereto. 9.12 Right of Parties and Successors in Interest. The rights, liabilities and remedies provided for herein shall extend to the heirs, legal representatives, successors and, so far as the terms of this Agreement permit, successors and assigns of the parties hereto. The word “City,” wherever used in this Agreement, shall apply equally to all persons, firms, or corporations which may be or become such parties hereto. 9.13 Execution of Multiple Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be an original, but all of which shall constitute one instrument. 9.14 Defined Terms. Capitalized terms shall have the meanings given them in the text of this Agreement. 9.15 Non-Binding Mediation. Should any dispute arise between the parties to this Agreement, other than a dispute regarding the failure to pay Rent or other payments (including taxes) as required by this Agreement, it is agreed that any such dispute will be submitted to a mediator prior to litigation. The parties agree to exercise good faith efforts to agree on a mediator and to resolve disputes covered by this Section 9.15 through the mediation process. The parties agree that the mediation will be conducted through Judicial Dispute Resolution (JDR) in Seattle. If the parties cannot agree on a mediator, one shall be appointed by JDR. The mediation fee shall be shared equally by the City and Cascade. Either party may commence the mediation process by contacting JDR and notifying the other party by mail. The mediation shall become binding upon the parties only upon the execution of a settlement agreement based on the mediator’s recommendation. If a party refuses to participate in the mediation process, either by not paying   Item 8.2       Packet pg. 66/302   Item 8.2       Packet pg. 66/302 15 the mediation fees or not appearing for mediation, the Superior Court may issue an appropriate enforcement order or sanction relating to this mediation provision in its discretion. 9.16 Recording. A Memorandum of this Agreement may be recorded after execution by the parties. 9.17 Entire Agreement. This Agreement represents the entire agreement between the City and Cascade relating to Cascade’s operation of the Property and supersedes and replaces the parties’ Agreement for Recreation User Concession at Yost Park for 2025-2029, dated April 15, 2025, as amended. It is understood and agreed by both parties that neither party nor an official or employee of a party has made any representations or promises with respect to this Agreement or the making or entry into this Agreement, except as expressly set forth in this Agreement. No claim for liability or cause for termination shall be asserted by either party against the other for, and neither party shall be liable by reason of, any claimed breach of any representations or promises not expressly set forth in this Agreement; all oral agreements with the parties are expressly waived by both parties. This Agreement has been negotiated between the parties. Therefore, no alleged ambiguity or other drafting issues of the terms of this Agreement shall be construed, by nature of the drafting, against either party. IN WITNESS HEREOF, the parties have subscribed their names hereto effective as of the day, month and year first written above. City: Operator: City OF EDMONDS CASCADE SWIM CLUB Mike Rosen, Mayor Max Effgen, President APPROVED BY CITY COUNCIL ON: ATTEST/AUTHENTICATED: __________________________________ Luke Lonie, City Clerk APPROVED AS TO FORM: Office of the City Attorney   Item 8.2       Packet pg. 67/302   Item 8.2       Packet pg. 67/302 16 EXHIBIT A Property Description 9537 BOWDOIN WAY , EDMONDS, WA 98020-3326 (SEC 24 TWP 27 RGE 03RT-41) SE1/4 SE1/4 LESS RDS LESS S 110FTOF W 330FT LY NELY City RD   Item 8.2       Packet pg. 68/302   Item 8.2       Packet pg. 68/302 17 EXHIBIT B Property Depiction   Item 8.2       Packet pg. 69/302   Item 8.2       Packet pg. 69/302 18 EXHIBIT C Yost Pool Operation Management Requirements 1. Notify the City as soon as possible if any major injuries or contamination occur. Notify the City of any Snohomish County Department of Health visits or notices of violation. 2. Determine whether conditions are safe for use of Yost Pool due to weather conditions such as smoke, fog, ice and/or lightning. In the event Cascade determines the pool should close, Cascade will make a best faith effort to inform City and pool patrons of the closure. 3. Provide daily on-site management of the pool and pool staff to include but not limited to duties outlined in Exhibit D. 4. Provide City of Edmonds residents a discounted rate. 5. Maintain a webpage with pool schedules, lesson, team and pricing information. 6. Provide registration procedure to ensure maximum use of the pool. 7. Provide first aid supplies and personal protective equipment for staff. 8. Provide and maintain all water safety signage throughout facility and pool area as related to participant activities and facility usage. 9. Hire, train, supervise, schedule, and process payroll for all pool staff, including office staff, lifeguards, swim instructors and swim team coaches. Provide uniforms for all staff members. Provide maintenance employees with appropriate training to maintain compliance with safe chemical handling procedures. Provide maintenance employees with appropriate PPE, including safety goggles, gloves, N95 masks, face shields, chemical aprons, and respirators. 10. Undertake all cash handling and cash receipting at Yost Pool, including registration and revenue collection for all programming of the Yost Pool. This includes swim lessons, swim team, daily fees, and rentals. 11. Maintain staff lifeguards at a ratio consistent with established aquatics standards and/or best practices. 12. Maintain water chemistry and water temperature to ensure safe swimming environment and accurate and complete chemical testing records for Yost Pool and Hot Tub. 13. Perform regular pool maintenance, including but not limited to vacuuming the pool, as well as removing debris and scrubbing algae.   Item 8.2       Packet pg. 70/302   Item 8.2       Packet pg. 70/302 19 14. Ensure daily cleaning is maintained and, if needed, hire and supervise a janitorial service for the daily cleaning of the pool and pool site, including but not limited to restrooms (including toilets and urinals), entrance, locker rooms, office, pool deck, upper deck, party rooms, trash, storage rooms, chemical rooms and other related areas. Janitorial staff must supply their own cleaning supplies, equipment and locks for storage. Janitorial staff is not authorized to use pressure washers or other gas-powered items (Fire Code) indoors and must use a bleach product in the locker rooms to limit the growth of mildew. 15. Maintain locker room operations in accordance with appropriate health and safety guidelines and as mutually agreed by the parties. 16. Pay for all program supplies, including but not limited to the provision and replacement of swim lesson equipment, lifeguard equipment, lane lines, pool cover, line winders, cleaning and toiletry supplies not provided by the janitorial service, and first aid supplies and equipment. 17. Use its best efforts to provide excellent customer service, respond to complaints in a timely manner, and notify City of all complaints in a timely manner. 18. Ensure upper deck and lower stair lights remain on 24 hours a day, seven days a week. Any adjustment to electrical breakers will be done by City personnel. 19. Maintain a security camera system for the duration of this Agreement. The camera system will be used to monitor the safety of Yost Pool patrons and staff, as well as the security of the Yost Pool facility and in accordance with all applicable laws, rules, and regulations. The security camera system must have motion detection and store approximately two (2) weeks’ worth of video. Both Parties expressly agree that there is no expectation that the cameras will be monitored in real time. 20. Cascade understands that images taken by the security camera system may be subject to disclosure pursuant to the Washington State Public Records Act, Chapter 42.56 RCW. 21. Cascade’s obligations to operate the pool, including its cleaning, staffing and other obligations, will automatically be suspended for the duration of any government ordered partial or full pool closure. In the event of a partial closure or other operational limitation, Cascade and the City will agree on terms for such operations. 22. The pool deck and pool may be safely operated after dusk only if Cascade utilizes their temporary lighting system, which is in compliance with WAC 246-260-031(23) (see also Table 031.7 therein) and has been approved by the City Electrician. 23. Cascade may, for the purposes of generating revenue to offset operating fees, sell pool advertising banner space. 24. Undertake maintenance and repairs for plumbing and electrical systems.   Item 8.2       Packet pg. 71/302   Item 8.2       Packet pg. 71/302 20 25. Undertake maintenance and repairs for pool and hot tub systems, including but not limited to filter mechanicals and plumbing, water heaters and boiler, chemical systems and all associated pumps. Coordinate with the City to schedule quarterly sewer grinder pump maintenance or major routine maintenance to be performed by City staff, annual backflow recertifications from the City. 26. Undertake maintenance, cleaning, and repairs of surfaces, including floors, walls, pool liner and all other building surfaces and pool deck, locker rooms, lobby, restrooms, office areas, and all utility closets and storage areas. Undertake all landscape maintenance inside the fence, to include grass mowing. 27. Undertake maintenance, cleaning, repairs, and garbage removal from the interior of the pool building and the exterior of the building inside the fence, including but not limited to cleaning, garbage removal, graffiti removal, and routine pool deck maintenance. 28. Undertake maintenance, cleaning, and repairs of all drains and drainage in locker rooms, restrooms, lobby areas, and other facility drainage maintenance. 29. Undertake maintenance, cleaning, and repair of all office equipment and furniture not owned or provided by Cascade, including but not limited to chairs, tables, storage shelves, bulletin boards, and the like. 30. Undertake maintenance, cleaning and repairs of all pool equipment for conducting programs, including but not limited to hydraulic chairs, pool access ways, and the like.   Item 8.2       Packet pg. 72/302   Item 8.2       Packet pg. 72/302 21 EXHIBIT D Yost Pool Operations Daily Checklist (EXAMPLE) Cascade Swim Club to develop their own checklist and provide to City for approval. OPENING DUTIES Unlock yellow vehicle gate (staff to park in lower lot) Unlock padlock @ deck gate (must remain unlocked during business hours) Unlock building; locker rooms, north deck gate, guard room Turn on internal building lights Remove covers from water bodies Remove robot vacuum from pool Check safety poles, backboards, buoys are in place & operational Check emergency equipment is stocked & operational Conduct initial chemistry readings and record them on the log Check locker rooms & public areas for cleanliness, maintenance & safety PERIODIC DUTIES THROUGHOUT DAY Take pool and spa/hot tub chemical readings and record on log as required. Check locker rooms & public areas for cleanliness, maintenance & safety Check toilets, sinks, showers & drains and clean if needed Check toilet paper, paper towels, soap dispensers and resupply if needed Empty suit spinner buckets in Locker Rooms if needed Squeegee excess water in Locker Rooms as necessary Ensure deck storage is tidy and safe to move in Put toys, deck signs & fitness items away as necessary Ensure safety gear is in good condition Pick up litter on pool deck Remove garbage if needed Use battery blower as necessary to remove debris Remove any Damaged Chairs, Tables, Pool Equipment, Etc. Move items away from grassy areas when requested by the City Use large pool vacuum when requested by the City CLOSING DUTIES Lock building exterior doors Secure deck umbrellas Take final chemistry readings and record in log Insert robot vacuum into pool   Item 8.2       Packet pg. 73/302   Item 8.2       Packet pg. 73/302 22 Place covers on water bodies Check locker rooms & public areas for cleanliness, maintenance & safety Turn off internal building lights Lock locker rooms and guard room Lock padlock @ deck gate Lock yellow vehicle gate JANITORIAL DUTIES should include but not limited to: Locker Room TILED areas need to be bleached three times per week Clean & wipe down deck water fountain Clean mirrors, partitions & counters Clean, sweep, upper office, stairs, family change & upper decks Clean, sweep, mop Guard Room   Item 8.2       Packet pg. 74/302   Item 8.2       Packet pg. 74/302 23 EXHIBIT E Cascade Yost Pool Safety Action Plan   Item 8.2       Packet pg. 75/302   Item 8.2       Packet pg. 75/302 24 YOST POOL SAFETY ACTION PLAN PREPARED BY CASCADE SWIM CLUB EMERGENCY MANAGEMENT TEAM City of Edmonds Jesse Curran Park Maintenance Manager (425-343-2248) Shannon Burley Deputy Director (425) 248-5142 Tony Bond Aquatic Facility Operator (425) 409-4708 Cascade Swim Club Garrett McCaffrey Executive Director & Head Coach 253-279-9858 Benjamin Weed Yost Manager 425-361-6955 Shawn Fukumoto Assistant Coach 206-484-1014   Item 8.2       Packet pg. 76/302   Item 8.2       Packet pg. 76/302 25 Assessment Is it life threatening? If so, clear the building. Call 911 If appropriate direct patrons to safety. Call Yost Park Maintenance Manager and City of Edmonds primary contact to notify them for further assistance. Notify Cascade Site Lead and, if unable to reach, call Executive Director & Head Coach and continue calling contacts on the emergency list until management leadership has been notified. Fill out and turn in appropriate reports. Staff Briefing. FACILITY EMERGENCY   Item 8.2       Packet pg. 77/302   Item 8.2       Packet pg. 77/302 26 Assess and monitor changing weather conditions, tracking potential weather disturbances on radar app. Coach/Lifeguard is alerted. 3 Whistles – Clear the pool. Direct patrons to safety and away from the water. Notify Head Lifeguard on duty and front desk personnel. Maintain crowd control keeping pool clear until weather conditions improve (in the case of thunder/lightning clear pool and deck areas for minimum of 30 minutes from the last sound of thunder and/or sight of lightning). Close pool for the day if weather outlook remains severe and unpredictable as determined to be in the best interest of safety. Staff Briefing OTHER NATURAL CONSIDERATIONS: Wildfire/Smoke/Air Quality: AQI 101-150 – Notify user groups/patrons of air quality conditions AQI 151-200 – Close pool for the day. Ice/Snow: Monitor severity and access, open and close as deemed appropriate with enough time to accommodate safe travel. WEATHER EMERGENCY   Item 8.2       Packet pg. 78/302   Item 8.2       Packet pg. 78/302 27 Alarm sounds and Coach/Lifeguard is alerted. Assess the scene. 3 Whistles – Clear the pool/building. Direct patrons away from hazard areas to safety. Confirmation of alarm. Alarm CONFIRMED: Evacuate property. Contact appropriate Emergency Responders. FALSE Alarm: Resume activities. Call Yost Park Maintenance Manager and City of Edmonds primary contact to notify them and for further assistance. Notify Cascade Site Lead and, if unable to reach, call Executive Director and continue calling contacts on the emergency list until management leadership has been notified. Fill out and turn in appropriate reports. Staff Briefing. FIRE & CHEMICAL EMERGENCY   Item 8.2       Packet pg. 79/302   Item 8.2       Packet pg. 79/302 28 Assess the scene. SAFE? Deal with problem/concern Listen to patron Offer a solution UNSAFE? Call 911 Call City of Edmonds primary contact to notify them for further assistance. Notify Cascade Site Lead and, if unable to reach, call Executive Director and continue calling contacts on the emergency list until management leadership has been notified. Fill out and turn in appropriate reports. Staff Briefing. EMERGENCY INCIDENT   Item 8.2       Packet pg. 80/302   Item 8.2       Packet pg. 80/302 29 3 Whistles – Clear the pool. Assess the scene. Secure additional assistance. Lifeguard enters water. Staff/bystander – Call 911. DISTRESSED SWIMMER? Assist to safety and provide First Aid. DROWNING SWIMMER? Appropriate rescue & tow. Provide CPR & First Aid until EMS arrives. Staff/bystander meet ambulance, provide assistance as directed. EMS – Victim to hospital. Call Yost Park Maintenance Supervisor and City of Edmonds primary contact. Notify Cascade Site Lead and, if unable to reach, call Executive Director and continue calling contacts on the emergency list. Fill out and turn in appropriate reports. Staff Briefing and follow-up counseling. DROWNING INCIDENT   Item 8.2       Packet pg. 81/302   Item 8.2       Packet pg. 81/302 30 3 Whistles – Clear the pool. Assess the scene. Secure additional assistance. Direct to call 911 & to retrieve backboard for primary rescuer. Enter the water. Provide in-line stabilization. Secure victim on backboard. Remove from the water. Check ABCs and monitor until EMS arrives. Call City of Edmonds primary contact. Notify Cascade Site Lead and, if unable to reach, call Executive Director and continue calling contacts on the emergency list. Fill out and turn in appropriate reports. Staff Briefing and follow-up counseling. SPINAL MANAGEMENT   Item 8.2       Packet pg. 82/302   Item 8.2       Packet pg. 82/302 31 Read the following: “An Aquatic Emergency exists at Yost Pool, located in Yost Park at 9535 Bowdoin Way, Edmonds Please come at once to the NORTH GATE EMERGENCY ENTRANCE into the pool area. There has apparently been a ___________ injury.” DO NOT HANG UP Remain on the phone with the dispatcher until emergency personnel arrive on the scene. Complete the necessary paperwork and notify appropriate Yost Emergency Management Team members after the emergency. 911 CALL EXAMPLE   Item 8.2       Packet pg. 83/302   Item 8.2       Packet pg. 83/302 OPERATION AGREEMENT – YOST POOL PROPERTY CITY OF EDMONDS AND CASCADE SWIM CLUB   Item 8.2       Packet pg. 84/302   Item 8.2       Packet pg. 84/302 TABLE OF CONTENTS LIST OF EXHIBITS..................................................................................................................... ii OPERATION AGREEMENT – YOST POOL PROPERTY ................................................... 1 SECTION 1. AGREEMENT TO OPERATE POOL ............................................................... 1 SECTION 2. TERM..................................................................................................................... 1 SECTION 3. OPERATIONAL COSTS ..................................................................................... 2 SECTION 4. CASCADE’S OTHER OBLIGATIONS ............................................................. 2 SECTION 5. CITY’S AUTHORITY AND OBLIGATIONS .................................................. 6 SECTION 6. INDEMNITY, INSURANCE ................................................................................ 7 SECTION 7. DEFAULT / EXPIRATION & TERMINATION ............................................ 10 SECTION 8. REPRESENTATIONS ....................................................................................... 11 SECTION 9. GENERAL PROVISIONS ................................................................................. 12   Item 8.2       Packet pg. 85/302   Item 8.2       Packet pg. 85/302 LIST OF EXHIBITS EXHIBIT A: Property Description EXHIBIT B: Property Depiction EXHIBIT C: Yost Pool Management Requirements EXHIBIT D: Yost Pool Operations Daily Checklist EXHIBIT E: Cascade Yost Pool Safety Action Plan   Item 8.2       Packet pg. 86/302   Item 8.2       Packet pg. 86/302 1 OPERATION AGREEMENT – YOST POOL PROPERTY CITY OF EDMONDS / CASCADE SWIM CLUB THIS OPERATION AGREEMENT (“Agreement”), effective the __ day of _______ 2026 (“Effective Date”), is between the CITY OF EDMONDS, a municipal corporation of the State of Washington (the “City”), and CASCADE SWIM CLUB, a Washington non-profit organization (“Cascade”). WHEREAS, the City owns the property at 9535 Bowdoin Way in Edmonds, Washington; Cascade has operated Yost Pool, located on that property, pursuant to a Concession Agreement with the City since 2021; and the parties desire to continue to collaborate on the operations of Yost Pool for the benefit of both the parties and the general public; and WHEREAS, Cascade, as a non-profit community partner, provides to the public valuable education in water safety as well as swim lessons, recreational swim teams, public lap swim, and other opportunities for the community that help increase citizen safety in and near the water; and WHEREAS, the City desires to continue the operation of Yost Pool for such purposes in an economically responsible way and Cascade desires to continue to provide such services; NOW, THEREFORE, the parties, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and intending to be legally bound by the terms and conditions of this Agreement, agree as follows: SECTION 1. AGREEMENT TO OPERATE POOL 1.1 Agreement to Operate Yost Pool. The parties agree that Cascade will manage the operation of Yost Pool for the duration of this Agreement. The Yost Pool property is described in Exhibit A, attached hereto, and the pool building location is depicted in Exhibit B, attached hereto (the “Property”). 1.2 Use of the Property. Except as otherwise provided herein, Cascade shall use the Property for the purposes of operating Yost Pool for the benefit of its members as well as members of the public in coordination with the City of Edmonds’ Parks & Recreation Department. SECTION 2. TERM 2.1 Initial Term. The initial term of this Agreement (“Agreement Term”) shall be for a period of ten (10) years and two (2) months commencing on November 1, 2026 (“Commencement Date”), and terminating on December 31, 2036 (“Expiration Date”), subject to an agreed extension of the Agreement Term or earlier termination of the Agreement as provided herein. 2.2 Extension Term. The Agreement Term may be extended for one (1) additional period of five (5) years upon mutual agreement of the parties.   Item 8.2       Packet pg. 87/302   Item 8.2       Packet pg. 87/302 2 2.2.1 Conditions of Extension. In order for Cascade to qualify for an extension of the Agreement Term, it shall: (i) not be in material default at the time of requesting an Extension Term and thereafter; (ii) it shall provide written notice of its request for the Extension Term at least sixty (60) days prior to the expiration of the Agreement Term. 2.2.2 Process for Extension. No sooner than one hundred eighty (180) days and no later than sixty (60) days prior to the expiration of the Agreement Term, Cascade shall provide written notice of its request to enter into the Extension Term. The City and Cascade shall meet no later than thirty (30) days prior to the expiration of the Agreement Term to confirm the Extension Term, discuss any matters pertaining thereto and sign an Agreement Addendum incorporating the Extension Term and any mutually acceptable matters pertaining to the Extension Term. The City may decline the request for the Extension Term at its sole discretion. SECTION 3. OPERATIONAL COSTS 3.1 Cascade is solely responsible for paying all water, sewer, and electricity and natural gas service utility fees for the Property during the Agreement Term and Extension Term, if any, as well as any and all costs incurred relating to repair, maintenance, operating expenses, and approved tenant improvement expenses as set forth in Section 4, below. Cascade agrees that the City shall not be obligated to perform any acts or be subject to any liabilities or to make any payments, except as otherwise specifically and expressly provided in this Agreement. In the event that the City pays any such amounts, whether to cure a default or otherwise protect its interests hereunder, the City shall be entitled to be reimbursed by Cascade the full amount of such payments within thirty (30) days of written demand by the City. Failure to timely pay such amounts shall be an event of Default pursuant to Section 7 of this Agreement. SECTION 4. CASCADE’S OTHER OBLIGATIONS 4.1 Pool Operations Management / Independent Contractor. Cascade shall maintain and operate Yost Pool and any associated programs for the term of this Agreement and shall be responsible for the daily management of Yost Pool in compliance with the Yost Pool Management Requirements set forth in Exhibit C. The parties intend that Cascade’s obligations relating to the management and operation of Yost Pool create an independent contractor relationship between Cascade and the City; that this Agreement does not create a contract of employment between the parties; and that Cascade is an independent entity with respect to the management and operation of Yost Pool. Nothing in this Agreement will be considered to create the relationship of employer and employee between the parties hereto. No agent, employee or representative of Cascade will be deemed to be an agent, employee or representative of the City for any purpose. Cascade will be solely responsible for all acts of its agents, employees, representatives, volunteers and subcontractors with respect to the management and operation of Yost Pool during the Agreement Term and Extension Term, if any. Cascade will also be solely responsible for any payment due to its agents, employees, representatives or subcontractors, including workers compensation and related costs. Cascade warrants that it has conducted a criminal background check for any agent, employee, representative or other person performing services on its behalf. Cascade warrants that it has conducted a criminal history background check pursuant to the Child and Adult Abuse Information Act as authorized   Item 8.2       Packet pg. 88/302   Item 8.2       Packet pg. 88/302 3 by RCW 43.43.830-845, for any prospective employee who will or may have unsupervised access to children under sixteen years of age or developmentally disabled persons or vulnerable adults during the course of his or her employment or involvement with Cascade’s business or organization, or any prospective volunteer who will have regularly scheduled unsupervised access to children under sixteen years of age, developmentally disabled persons, or vulnerable adults during the course of his or her employment or involvement with Cascade’s business or organization under circumstances where such access will or may involve groups of five or fewer children under twelve years of age, three or fewer children between twelve and sixteen years of age, developmentally disabled persons, or vulnerable adults. 4.2 Pool Operation. Cascade shall be responsible for the safe operation of Yost Pool (maximum occupancy 260) for the period of the Agreement Term and Extension Term, if any, in compliance with the Yost Pool Operations Daily Checklist set forth in Exhibit D and pursuant to all applicable guidelines provided by the State of Washington Governor’s Office, Snohomish County Health Department, and the Cascade Yost Pool Safety Action Plan set forth in Exhibit E. In addition, Cascade shall develop written Standard Operating Procedures (SOPs) and provide them to the City. Upon the City’s written approval thereof, which approval shall not be unreasonably withheld, Cascade may begin the routine maintenance activities of the pool. Cascade’s responsibilities include oversight of lap swim, open swim, swim lessons, rentals, swim team, swim meets, special events and all scheduled pool activities, and all other pool/site management. During all hours of operation, Cascade shall maintain on duty adequate personnel to comply with all terms and conditions of this Agreement. Cascade represents that Cascade and its employees, representatives, agents and volunteers have the necessary knowledge, skill and experience to competently provide the swimming pool operation services hereunder and will do so in a professional manner consistent with customary practices. 4.2.1 Summer Season. During the summer swim season, defined as those days when the Edmonds School District is on summer break, Cascade shall offer the following public access to the pool, at a minimum: family / open recreational swim; lap swim; swimming lessons; and recreational swim team (Yost Penguins). Specific schedule to be determined by Cascade and approved by the City. 4.2.2 Non-Summer Season. During the non-summer swim season as defined as the weeks in which the Edmonds School District is not on summer break, Cascade shall offer public lap swim at a minimum. Specific schedule to be determined by Cascade and approved by the City. 4.3 Repairs. Cascade shall be responsible for all repairs for any and all impacts or damages to the Property attributable to the actions of Cascade and its invitees and agrees to return the Property to its original condition, prior to the time of the needed repair and as deemed acceptable by the City.   Item 8.2       Packet pg. 89/302   Item 8.2       Packet pg. 89/302 4 4.4 Property Maintenance. At all times during the Agreement Term and Extension Term, if any, Cascade shall reasonably keep and maintain the Property in good repair and condition and shall undertake all necessary and appropriate preventive maintenance and clean-up, reasonable wear and tear excepted. Such maintenance and clean-up shall be done with reasonable dispatch at Cascade’s sole expense. See Section 4.14, below, regarding the City’s rights to inspection of the Property. Prior to entering into an Extension Term of this Agreement an inspection will be required and all reasonable repairs and maintenance needed to be done must be done to the Property before the Extension Term of the Agreement commences. 4.5 No Liens or Encumbrances. During the Agreement Term and Extension Term, if any, Cascade agrees to pay, when due, all sums for labor, services, materials, supplies, utilities, furnishings, machinery, or equipment which have been provided for its use to the Property. If any lien is filed against the Property which Cascade wishes to protest, then Cascade shall immediately deposit cash with the City, or procure a bond acceptable to the City, in an amount sufficient to cover the cost of removing the lien from the Property. Failure to remove the lien or furnish the cash or bond acceptable to the City within thirty (30) days from the lien filing date shall constitute an event of default under this Agreement and the City shall automatically have the right, but not the obligation, to pay the lien in full with no notice to Cascade and Cascade shall immediately reimburse the City for any sums so paid to remove any such lien. Cascade shall not encumber the Property without prior written approval of the City. 4.6 Utilities. Cascade is solely responsible for verifying the existence, location, capacity and availability of all utilities it may need for Cascade’s planned use of the Property. The Property, as made available to Cascade by the City, shall include utility access for water, sewer, gas, electrical power, internet, and telephone. If possible, Cascade shall be responsible for paying all utility fees directly to the service providers during the Agreement Term and Extension Term, if any. For utilities that service City properties other than just the pool facility, the City will invoice Cascade for the appropriate portion of such utility costs. 4.7 Operating Expenses. Cascade shall pay the following operating expenses: All expenses relating to the business function of Cascade, including but not limited to staff wages, benefits, and uniforms; communications; signage; bank and payment processing fees; cleaning fees; equipment, supplies, and chemicals to clean and maintain the pool, pool house, locker rooms and office, replacement of consumable pool equipment such as flotation devices; and the like; first aid supplies; and expenses associated with any required health department permits for the operation of the pool and spa/hot tub. The parties acknowledge that, upon the Commencement Date of this Agreement, at which time Cascade will assume responsibility for all maintenance and operating costs, Cascade will no longer be obligated to make the remaining payments due under the parties’ Agreement for Recreation User Concession at Yost Park, dated April 15, 2025, as amended by its Amendment No. 1, consisting of $8,400.00 monthly payments and $8,350.00 additional monthly payments for 2026. 4.8 Signs. Any signs erected by Cascade must comply with all local sign ordinances. Cascade shall remove all signs and sign hardware upon termination of this Agreement and restore the sign location(s) to its (their) former state(s) unless the City elects to retain all or any portion(s) of the signage.   Item 8.2       Packet pg. 90/302   Item 8.2       Packet pg. 90/302 5 4.9 Improvements. Cascade may make only such improvements to the Property for which Cascade has received the City’s prior written authorization. If so authorized, Cascade shall at its own expense make such alterations to the Property as may be required for the purposes of its operational needs. The City hereby approves the installation of USA Swimming-approved starting blocks as an improvement. 4.10 Use by Third Parties / Assignment. Cascade will not allow third parties to use the Property or assign its obligations under this Agreement without the City’s prior written consent. Notwithstanding the foregoing, short-term use of the pool by third parties for swim meets, practices, events, classes, or similar aquatic activities shall be considered an authorized use, provided that Cascade retains operational control and responsibility for the Property during such use. Cascade will provide the City with reasonable advance notice of any recurring third-party uses. 4.11 No Discrimination. Cascade shall, in all hiring or employment made possible or resulting from this Agreement, take affirmative action to ensure that there will be no unlawful discrimination against any employee or applicant for employment because of sex, race, age, color, religion, national origin, marital status, sexual orientation, veteran status, liability for service in the armed forces of the United States, disability, or the presence of any sensory, mental or physical handicap, or any other protected class status, unless based upon a bona fide occupational qualification. This requirement will 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 will be denied, or subjected to discrimination in receipt of the benefit of, any services or activities made possible by or resulting from this Agreement on the grounds of sex, race, age, color, religion, national origin, marital status, sexual orientation, veteran status, liability for service in the armed forces of the United States, disability or the presence of any sensory, mental, or physical handicap, or any other protected class status. Cascade will comply with RCW 4.24.660 (Zackery Lystedt Law) regarding youth sports concussion and head injuries. Cascade will comply with the City of Edmonds’ Gender Equality Policy, pursuant to RCW 49.60.505. 4.12 Compliance with Laws. Cascade in the performance of its obligations under this Agreement shall comply with all applicable Federal, State, Public Health, and local laws and ordinances, including regulations for licensing, certification and operation of facilities, programs and accreditation, and licensing and certification of individuals, and any other standards and criteria as described in the Agreement to assure quality of services. Cascade will comply with all public health and safety guidelines and requirements of the federal government, the State of Washington, the Snohomish Health District, and the City, including but not limited to Chapter 246-260 WAC. Cascade will consult this information regularly during the Agreement Term and Extension Term, if any, to ensure that the latest guidelines and requirements are promptly implemented. Failure to comply with all applicable health and safety guidelines and requirements, to include the failure of any inspection conducted by the City of Edmonds or the Snohomish Health District, constitutes a violation of the terms of this Agreement. 4.13 Destruction of Property. In the event that the Property or the building thereon is partially or totally destroyed by fire or other casualty, Cascade may, at its option, terminate this   Item 8.2       Packet pg. 91/302   Item 8.2       Packet pg. 91/302 6 Agreement. In the event of partial or total destruction of the Property by fire or other casualty, neither Cascade nor the City shall claim damages, one from the other, irrespective of negligence. 4.14 Public Place. Notwithstanding the exclusivity of occupancy granted from time to time by the terms of this Agreement, the Property shall be considered a public place insofar as City of Edmonds ordinances are applicable to public places. It is further understood that the Property, including the building thereon, shall at all times be open for inspection and search by duly authorized personnel working on behalf of the City, including but not limited to fire, police, building officials, water and sewer personnel and City maintenance and facility personnel. SECTION 5. CITY’S AUTHORITY AND OBLIGATIONS 5.1 Occupancy of Property. The City grants to Cascade the right to occupy the Property as of the Commencement Date. In the event the City shall permit Cascade to occupy the Property prior to the Commencement Date, such occupancy shall be subject to all provisions of this Agreement. Early or delayed occupancy shall not advance or defer the Expiration Date of this Agreement. 5.2 Access to Property. Subject to Cascade performing all of Cascade’s obligations under this Agreement and subject to the City’s rights and obligations under this Agreement, including but not limited to the rights set forth below and the service obligations set forth in Section 5.6, Cascade’s occupancy of the Property will otherwise not be disturbed by the City. The City reserves the right to require emergency closure of the Property/Yost Pool facility at any time if, in its sole discretion, such closure is required for public health and/or safety. 5.3 Responsibilities for Property. The City is responsible for paying all property taxes and all capital expenses. Capital expenses include but are not limited to the replacement of major pool equipment as needed, major renovations to the pool or building, and construction of new infrastructure. The City will undertake all major maintenance and make all necessary capital repairs to the Property, including but not limited to repairing the boiler or pump, and draining and refilling the pool for replastering or similar major maintenance activities; provided, that Cascade will be responsible for the costs of any capital repair needed for damage resulting from Cascade’s sole negligence. The City will coordinate with Cascade on any necessary pool closures for repair and maintenance activities. The City shall also be responsible for the maintenance of the parking lot, lighting system, landscape beds and lawn outside and adjacent to the pool building and fence. Cascade will be responsible for the maintenance of the lawn inside the fenced area. The City otherwise has no obligations and makes no warranties or representations regarding the condition of the Property, including, without limitation, the suitability of the Property for Cascade’s intended uses. 5.4 Limitation of Liability of City. The City shall not be liable to Cascade for any damages arising from the physical condition of the Property, including the failure, bursting, or leaking of plumbing, or the failure of electrical wiring or fixtures, gas, water, steam or other pipes or sewer systems; damages caused by water, snow or ice upon or coming through the roof, doors, or other parts of the building on the Property; or the acts or omissions of third parties not under the City’s direction or control, except to the extent that such damages arise from: (a) the   Item 8.2       Packet pg. 92/302   Item 8.2       Packet pg. 92/302 7 negligence, gross negligence, or willful misconduct of the City, its employees, representatives, or agents; (b) the City’s failure to perform its obligations under this Agreement after receiving written notice from Cascade and a reasonable opportunity to cure; or (c) a latent condition of the Property of which the City had actual or constructive knowledge as of the Commencement Date. 5.5 Pool Services. Cascade shall be responsible for providing chemical supplies for and managing all Yost Pool chemical systems, including but not limited to daily testing and maintenance of pool chemicals as needed to maintain a safe swimming environment, and for maintaining the filter pit and mechanical systems, including but not limited to weekly cleaning to maintain functional operating systems. The City will provide training as requested for daily and weekly pool maintenance, including but not limited to pool cleaning and chemistry testing. The City shall respond to calls from Cascade regarding issues with pool chemicals and/or operating systems and will provide on-call maintenance services as requested by Cascade, to be billed to Cascade on a time and materials basis. The Mechanical Room, Chlorine Room, and Chemical Supply Room will remain locked at all times. Access to these rooms will be limited to Cascade’s and the City’s maintenance staff. 5.6 Additional Services. The City will provide and maintain a Wi-Fi hotspot for use at Yost Pool. The City will publicize Yost Pool on the City of Edmonds website and social media sites. Cascade will be responsible for providing and maintaining an AED unit for use at Yost Pool. 5.7 Health and Safety. Cascade will be responsible for taking all reasonable steps to maintain health and safety at Yost pool. The City will have final authority on health and safety to include contact with the Snohomish County Department of Health, health inspections and required closure for non-compliance. SECTION 6. INDEMNITY, INSURANCE 6.1 General Indemnity. Upon the Commencement Date of this Agreement, each party shall defend, indemnify, and hold the other party, its officers, officials, employees, representatives, agents and volunteers harmless from and against any and all claims, losses, demands, suits, actions, or liabilities for injury or death of any person, or for loss or damage to property, including attorneys’ fees (collectively “Costs”), which in whole or in part, directly or indirectly, arise from the indemnifying party’s performance of this Agreement or otherwise arising from the indemnifying party’s use of the Property; provided that nothing herein shall require either party to indemnify the other party against and hold harmless the other party from claims, losses, demands, suits, actions, or liabilities based solely on the conduct of the other party, its officers, officials, employees, representatives, agents or volunteers. Cascade’s obligations and liabilities hereunder shall commence on the Effective Date of this Agreement if earlier than the Commencement Date and if caused by the activities of Cascade on the Property. As used herein, the indemnification provided by the parties is intended to include indemnification for the actions of the parties and their officers, officials, employees, representatives, volunteers and other agents. 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 Cascade, its officers,   Item 8.2       Packet pg. 93/302   Item 8.2       Packet pg. 93/302 8 officials, employees, representatives, agents and volunteers and the City, its officers, officials, employees, representatives, agents and volunteers, each party’s liability hereunder shall be only to the extent of that party’s negligence. Should the indemnifying party be required to incur defense expenses on behalf of itself or the other party in defending a claim which ultimately is determined to be the result of the sole negligence of the other party, the other party will indemnify and hold harmless the indemnifying party for such expenses. The City and Cascade will comply with all applicable sections of the applicable Ethics laws, including RCW 42.23, which is the Code of Ethics for regulating contract interest by municipal officers. It is further specifically and expressly understood that the parties specifically assume potential liability for actions brought by their own employees against the other party and, solely for the purpose of this indemnification and defense, the parties specifically waive any immunity under the state industrial insurance law, Title 51 RCW. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 6.2 Insurance Requirements. 6.2.1 Cascade and the City each warrant that they will maintain in full force and effect for the duration of the Agreement Term and Extension Term, if any, the following insurance coverage or its equivalent in pooled self-insurance, and agree to the following provisions related thereto: 6.2.1.1 For Cascade, “All Risk” property insurance covering the full value of Cascade’s property and improvements located on the Property with no coinsurance provisions. For the City, “All Risk” property insurance covering the Property for full replacement value of the building thereon without any coinsurance provisions. 6.2.1.2 Commercial General Liability insurance coverage written on an occurrence basis, with limits no less than $5,000,000 each occurrence and $10,000,000 general aggregate for personal injury, bodily injury and property damage. 6.2.1.3 Commercial General Liability insurance will be written on ISO occurrence form CG 00 01 and will cover liability arising from premises, operations, independent contractors, products-completed operations, stop gap liability, personal injury and advertising injury, and liability assumed under and insured contract. 6.2.1.4 Sexual Abuse/Molestation Insurance with limits no less than $1,000,000 each occurrence or claim limits. 6.2.1.5 The City will be named as an insured under Cascade’s Commercial Grade Liability and Sexual Abuse/Molestation insurance policies with respect to the operations performed using ISO Additional Insured endorsement CG 20 10 04 13 and Additional Insured-Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage.   Item 8.2       Packet pg. 94/302   Item 8.2       Packet pg. 94/302 9 6.2.1.6 The City has liability coverage through its membership in Washington Cities Insurance Authority (WCIA) insurance pool. The above requirement will be satisfied by the City’s coverage by and membership in the WCIA pool. 6.2.1.7 Failure on the part of Cascade or the City to maintain the insurance as required will constitute a material breach of this Agreement, upon which Cascade or the City may, after giving five (5) business days’ notice to the other party to correct the breach, immediately terminate the Agreement. 6.2.1.8 All insurance policies will contain a clause stating that coverage will apply separately to each insured against whom a claim is made or suit is brought, except with respects to the limits of the insurer’s liability. 6.3 Proof of Insurance. On or before the Commencement Date, Cascade shall furnish the City with evidentiary proof of the existence of all insurance required under this Section 6.2 from an insurer with a current A.M. Best rating of not less than A:VII.. Insurance must be maintained without any lapse in coverage. Cascade shall provide the City with written notice of any policy cancellation within two (2) business days of its receipt of such notice. 6.4 Waiver of Subrogation. Cascade and the City hereby release and discharge each other from all claims, losses and liabilities arising from or caused by any hazard covered by property insurance on or in connection with the Property. This release shall apply only to the extent that such claim, loss or liability is covered by insurance. 6.5 Availability of Cascade’s Limits. If Cascade maintains higher insurance limits than the minimums shown above, the City shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by Cascade, irrespective of whether such limits maintained by Cascade are greater than those required by this Agreement or whether any certificate of insurance furnished to the City evidences limits of liability lower than those maintained by Cascade. 6.6 Failure to Maintain Insurance. Failure on the part of Cascade to maintain the insurance as required shall constitute a material breach of this Agreement, upon which the City may, after giving five (5) business days’ notice to Cascade to correct the breach, terminate this Agreement or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand.   Item 8.2       Packet pg. 95/302   Item 8.2       Packet pg. 95/302 10 SECTION 7. DEFAULT / EXPIRATION & TERMINATION 7.1 Cascade Default. 7.1.1 The occurrence of any one or more of the following shall constitute a material default and breach of this Agreement by Cascade: 7.1.1.1 Vacating the Property. The vacation or abandonment of the Property by Cascade for more than thirty (30) days. 7.1.1.2 Unpermitted Use of the Property. The use of the Property for any purpose not authorized by the terms of this Agreement where such unpermitted use of the Property shall continue for a period of thirty (30) days after written notice thereof shall be grounds for default. 7.1.1.3 Failure to Perform. Failure by Cascade to observe or perform any of the obligations, covenants or provisions of this Agreement to be observed or performed by Cascade, specifically including, without limitation, Cascade’s utilization of the Property for purposes materially inconsistent with those set forth in this Agreement where such failure shall continue for a period of thirty (30) days after written notice thereof from the City to Cascade; provided, that if the nature of Cascade’s default is such that more than thirty (30) days are reasonably required for its cure, then Cascade shall not be deemed to be in default if Cascade shall commence such cure within the thirty (30) day period and thereafter diligently prosecutes such cure to completion. Notice shall specify the portion of this Agreement Cascade has failed to perform and the action that the City seeks to be taken by Cascade to prevent the default. The City agrees not to invoke any remedies until such thirty (30) days have elapsed. 7.1.2 Remedies in Default. In the event of any default or breach by Cascade under this Agreement, in addition to any other remedies at law or in equity, the City may terminate Cascade’s right to occupancy of the Property by providing advance written notice of at least thirty (30) days. 7.1.3 Legal Action. If either party commences legal action relating to this Agreement, its terms, conditions or enforcements thereof, the prevailing party shall be entitled to all reasonable costs and attorney’s fees incurred in bringing such action. Venue for any such legal action shall lie exclusively in Snohomish County Superior Court. 7.2 City Default. The City shall not be in default unless the City fails to perform obligations required of the City under this Agreement within a reasonable time, but in no event later than thirty (30) days after written notice by Cascade to the City; provided, that if the nature of the City’s obligation is such that more than thirty (30) days are required for performance, then the City shall not be in default if the City commences performance within such thirty (30) day period and thereafter diligently prosecutes the same to completion. The notice shall specify the portion of this Agreement that the City has failed to perform and the action that Cascade seeks to be taken by the City to prevent the default. Cascade agrees not to invoke any remedies until such thirty (30) days have elapsed.   Item 8.2       Packet pg. 96/302   Item 8.2       Packet pg. 96/302 11 7.3 Expiration of Agreement. Upon expiration of this Agreement, the Property including all improvements thereto shall be the property of the City and shall be subject to no encumbrances or liens whatsoever. Upon expiration, Cascade shall quit and surrender the Property without demand or further notice and leave the same in a neat and clean condition, and shall deliver all keys belonging to the Property to the City. 7.4 Termination of Agreement. Termination of the Agreement shall operate to discharge all obligations that are executory by either party on or after the effective date of termination, but any right of a party based upon performance or breach of this Agreement prior to the effective date of termination shall survive. Other than the other reasons for termination noted elsewhere in this Agreement, the Agreement may be terminated: 7.4.1 If Cascade fails to comply with the terms and conditions of this Agreement or its obligations hereunder, and the City deems the continuation of the Agreement may be substantially detrimental to the City’s interests, the City shall notify Cascade of the termination, the reasons therefor, and the effective date. 7.4.2 By the mutual written agreement of Cascade and the City, the agreement to terminate shall include the conditions of termination and the effective date. 7.4.3 In the event that, during the Agreement Term or Extension Term, if any, the City determines that it is in the best interests of the citizens of the City of Edmonds to develop or redevelop any of the Property in a way that would preclude Cascade’s use of the Property as contemplated herein, the City shall provide Cascade with Three Hundred Sixty-Five (365) days’ notice of termination of this Agreement. Upon termination, Cascade shall quit and surrender the Property without demand or further notice and leave the same in a neat and clean condition, and shall deliver all keys belonging to the Property to the City. 7.5 Removal of Cascade’s Property. In the event of any entry in, or taking possession of, the Property upon expiration or termination of this Agreement, the City shall have the right, but not the obligation, to remove from the Property all personal property located therein, and may place the same in storage in a public warehouse at the expense and risk of the owners thereof. SECTION 8. REPRESENTATIONS 8.1 Representations of the City. 8.1.1 The City is a municipal corporation duly organized, validly existing, and in good standing under the laws of the State of Washington, with full power and authority to enter into agreements for the use of the Property. 8.1.2 The City’s execution, delivery and performance of this Agreement have been duly authorized consistent with its requirements under Washington law.   Item 8.2       Packet pg. 97/302   Item 8.2       Packet pg. 97/302 12 8.1.3 The City owns the Property and has full power and authority to execute, deliver, and perform all of the terms and conditions of this Agreement. This Agreement constitutes the City’s legal, valid and binding obligations, enforceable against the City in accordance with its terms, subject to the effects of bankruptcy, insolvency, fraudulent conveyance, or similar laws affecting creditor’s rights and equitable principles. 8.1.4 There is no claim, action, proceeding or investigation pending or, to the actual knowledge of the City, threatened in writing, nor is there any legal determination or injunction that calls into question the City’s authority or right to enter into this Agreement or perform the obligations specified in this Agreement. 8.2 Representations of Cascade. 8.2.1 Cascade is a non-profit organization duly organized, validly existing, and in good standing under the laws of the State of Washington. Cascade has full power and authority to enter into and perform its obligations pursuant to this Agreement. 8.2.2 This Agreement constitutes Cascade’s legal, valid and binding obligations, enforceable against Cascade in accordance with its terms, subject to the effects of bankruptcy, insolvency, fraudulent conveyance, or similar laws affecting creditor’s rights and equitable principles. 8.2.3 Cascade’s execution, delivery and performance of this Agreement have been duly authorized consistent with its requirements under Washington law. 8.2.4 There is no claim, action, proceeding or investigation pending or, to the actual knowledge of Cascade, threatened in writing, nor is there any outstanding judicial determination or injunction that calls into question Cascade’s authority or right to enter into this Agreement. SECTION 9. GENERAL PROVISIONS 9.1 Governing Law/Compliance with Laws. This Agreement shall be governed and construed according to the laws of the State of Washington, without regard to its choice of law provisions. Venue shall be in Snohomish County. The parties hereto shall comply with all applicable laws and regulations in carrying out their obligations under this Agreement, including but not limited to Ch. 70.90 RCW, Ch. 246-260 WAC, and Health Department regulations. 9.2 No Benefit to Third Parties. The City and Cascade are the only parties to this Agreement and as such are the only parties entitled to enforce its terms. Nothing in this Agreement gives or shall be construed to give or provide any benefit, direct, indirect, or otherwise to third parties. Nothing in this Agreement shall be construed as intending to create a special relationship with any third party; neither the City nor Cascade intend to create benefits in favor of any third parties as a result of this Agreement.   Item 8.2       Packet pg. 98/302   Item 8.2       Packet pg. 98/302 13 9.3 Notices. All notices required or desired to be given under this Agreement shall be in writing and may be delivered by hand delivery, by placement in the U.S. mail, postage prepaid, as certified mail, return receipt requested, or an unofficial notice may be sent via e-mail followed up by either of the official notice methods mentioned above in this Section 9.3- addressed to Cascade at: Cascade Swim Club 20127 183rd PL. NE Woodinville, WA 98077 Attn: Garrett McCaffrey, Executive Director & Head Coach And to the City at: City of Edmonds 121 5th Avenue North Edmonds, Washington 98020 Attn: City Clerk Angie Feser Director Edmonds Parks & Recreation Frances Anderson Center 700 Main Street, Edmonds, Washington 98020 425-771-0256 Angie.Feser@edmondswa.gov Any notice delivered by hand delivery shall be conclusively deemed received by the addressee upon actual delivery; any notice delivered by certified mail as set forth herein shall be conclusively deemed received by the addressee on the third Business Day after deposit; and any notice delivered by e-mail must be followed by a notice issued in one of the methods mentioned above and deemed received as stated. The addresses to which notices are to be delivered may be changed by giving notice of such change in accordance with this notice provision. 9.4 Time of the Essence. Time is of the essence in the performance of and adherence to each and every obligation, responsibility, covenant and condition of this Agreement. 9.5 No Waiver. Waiver by the City or Cascade of strict performance of any provision of this Agreement shall not be deemed a waiver of or prejudice the City’s or Cascade’s right to require strict performance of the same provision in the future or of any other provision. 9.6 Survival. Any covenant or condition (including, but not limited to, indemnification agreements), set forth in this Agreement, the full performance of which is not specifically required prior to the expiration or earlier termination of this Agreement, and any covenant or condition which by their terms are to survive, shall survive the expiration or earlier termination of this Agreement and shall remain fully enforceable thereafter.   Item 8.2       Packet pg. 99/302   Item 8.2       Packet pg. 99/302 14 9.7 Partial Invalidity. If any provision of this Agreement is held to be invalid or unenforceable, the remainder of this Agreement, or the application of such provision to persons or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby, and each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 9.8 Calculation of Time. All periods of time referred to in this Agreement shall include Saturdays, Sundays, and legal holidays. However, if the last day of any period falls on a Saturday, Sunday, or legal holiday, then the period shall be extended to include the next day which is not a Saturday, Sunday or legal holiday. “Legal Holiday” shall mean any holiday observed by the Federal Government. As used in this Agreement, “Business Days” shall exclude Saturdays, Sundays, legal holidays. 9.9 Headings. The article and section headings contained herein are for convenience in reference and are not intended to define or limit the scope of any provisions of this Agreement. 9.10 Exhibits Incorporated by Reference. All Exhibits attached to this Agreement are incorporated by reference herein for all purposes. 9.11 Modification. This Agreement may not be modified except by a writing signed by the parties hereto. 9.12 Right of Parties and Successors in Interest. The rights, liabilities and remedies provided for herein shall extend to the heirs, legal representatives, successors and, so far as the terms of this Agreement permit, successors and assigns of the parties hereto. The word “City,” wherever used in this Agreement, shall apply equally to all persons, firms, or corporations which may be or become such parties hereto. 9.13 Execution of Multiple Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be an original, but all of which shall constitute one instrument. 9.14 Defined Terms. Capitalized terms shall have the meanings given them in the text of this Agreement. 9.15 Non-Binding Mediation. Should any dispute arise between the parties to this Agreement, other than a dispute regarding the failure to pay Rent or other payments (including taxes) as required by this Agreement, it is agreed that any such dispute will be submitted to a mediator prior to litigation. The parties agree to exercise good faith efforts to agree on a mediator and to resolve disputes covered by this Section 9.15 through the mediation process. The parties agree that the mediation will be conducted through Judicial Dispute Resolution (JDR) in Seattle. If the parties cannot agree on a mediator, one shall be appointed by JDR. The mediation fee shall be shared equally by the City and Cascade. Either party may commence the mediation process by contacting JDR and notifying the other party by mail. The mediation shall become binding upon the parties only upon the execution of a settlement agreement based on the mediator’s recommendation. If a party refuses to participate in the mediation process, either by not paying   Item 8.2       Packet pg. 100/302   Item 8.2       Packet pg. 100/302 15 the mediation fees or not appearing for mediation, the Superior Court may issue an appropriate enforcement order or sanction relating to this mediation provision in its discretion. 9.16 Recording. A Memorandum of this Agreement may be recorded after execution by the parties. 9.17 Entire Agreement. This Agreement represents the entire agreement between the City and Cascade relating to Cascade’s operation of the Property and supersedes and replaces the parties’ Agreement for Recreation User Concession at Yost Park for 2025-2029, dated April 15, 2025, as amended. It is understood and agreed by both parties that neither party nor an official or employee of a party has made any representations or promises with respect to this Agreement or the making or entry into this Agreement, except as expressly set forth in this Agreement. No claim for liability or cause for termination shall be asserted by either party against the other for, and neither party shall be liable by reason of, any claimed breach of any representations or promises not expressly set forth in this Agreement; all oral agreements with the parties are expressly waived by both parties. This Agreement has been negotiated between the parties. Therefore, no alleged ambiguity or other drafting issues of the terms of this Agreement shall be construed, by nature of the drafting, against either party. IN WITNESS HEREOF, the parties have subscribed their names hereto effective as of the day, month and year first written above. City: Operator: City OF EDMONDS CASCADE SWIM CLUB Mike Rosen, Mayor Max Effgen, President APPROVED BY CITY COUNCIL ON: ATTEST/AUTHENTICATED: __________________________________ Luke Lonie, City Clerk APPROVED AS TO FORM: Office of the City Attorney   Item 8.2       Packet pg. 101/302   Item 8.2       Packet pg. 101/302 16 EXHIBIT A Property Description 9537 BOWDOIN WAY , EDMONDS, WA 98020-3326 (SEC 24 TWP 27 RGE 03RT-41) SE1/4 SE1/4 LESS RDS LESS S 110FTOF W 330FT LY NELY City RD   Item 8.2       Packet pg. 102/302   Item 8.2       Packet pg. 102/302 17 EXHIBIT B Property Depiction   Item 8.2       Packet pg. 103/302   Item 8.2       Packet pg. 103/302 18 EXHIBIT C Yost Pool Operation Management Requirements 1. Notify the City as soon as possible if any major injuries or contamination occur. Notify the City of any Snohomish County Department of Health visits or notices of violation. 2. Determine whether conditions are safe for use of Yost Pool due to weather conditions such as smoke, fog, ice and/or lightning. In the event Cascade determines the pool should close, Cascade will make a best faith effort to inform City and pool patrons of the closure. 3. Provide daily on-site management of the pool and pool staff to include but not limited to duties outlined in Exhibit D. 4. Provide City of Edmonds residents a discounted rate. 5. Maintain a webpage with pool schedules, lesson, team and pricing information. 6. Provide registration procedure to ensure maximum use of the pool. 7. Provide first aid supplies and personal protective equipment for staff. 8. Provide and maintain all water safety signage throughout facility and pool area as related to participant activities and facility usage. 9. Hire, train, supervise, schedule, and process payroll for all pool staff, including office staff, lifeguards, swim instructors and swim team coaches. Provide uniforms for all staff members. Provide maintenance employees with appropriate training to maintain compliance with safe chemical handling procedures. Provide maintenance employees with appropriate PPE, including safety goggles, gloves, N95 masks, face shields, chemical aprons, and respirators. 10. Undertake all cash handling and cash receipting at Yost Pool, including registration and revenue collection for all programming of the Yost Pool. This includes swim lessons, swim team, daily fees, and rentals. 11. Maintain staff lifeguards at a ratio consistent with established aquatics standards and/or best practices. 12. Maintain water chemistry and water temperature to ensure safe swimming environment and accurate and complete chemical testing records for Yost Pool and Hot Tub. 13. Perform regular pool maintenance, including but not limited to vacuuming the pool, as well as removing debris and scrubbing algae.   Item 8.2       Packet pg. 104/302   Item 8.2       Packet pg. 104/302 19 14. Ensure daily cleaning is maintained and, if needed, hire and supervise a janitorial service for the daily cleaning of the pool and pool site, including but not limited to restrooms (including toilets and urinals), entrance, locker rooms, office, pool deck, upper deck, party rooms, trash, storage rooms, chemical rooms and other related areas. Janitorial staff must supply their own cleaning supplies, equipment and locks for storage. Janitorial staff is not authorized to use pressure washers or other gas-powered items (Fire Code) indoors and must use a bleach product in the locker rooms to limit the growth of mildew. 15. Maintain locker room operations in accordance with appropriate health and safety guidelines and as mutually agreed by the parties. 16. Pay for all program supplies, including but not limited to the provision and replacement of swim lesson equipment, lifeguard equipment, lane lines, pool cover, line winders, cleaning and toiletry supplies not provided by the janitorial service, and first aid supplies and equipment. 17. Use its best efforts to provide excellent customer service, respond to complaints in a timely manner, and notify City of all complaints in a timely manner. 18. Ensure upper deck and lower stair lights remain on 24 hours a day, seven days a week. Any adjustment to electrical breakers will be done by City personnel. 19. Maintain a security camera system for the duration of this Agreement. The camera system will be used to monitor the safety of Yost Pool patrons and staff, as well as the security of the Yost Pool facility and in accordance with all applicable laws, rules, and regulations. The security camera system must have motion detection and store approximately two (2) weeks’ worth of video. Both Parties expressly agree that there is no expectation that the cameras will be monitored in real time. 20. Cascade understands that images taken by the security camera system may be subject to disclosure pursuant to the Washington State Public Records Act, Chapter 42.56 RCW. 21. Cascade’s obligations to operate the pool, including its cleaning, staffing and other obligations, will automatically be suspended for the duration of any government ordered partial or full pool closure. In the event of a partial closure or other operational limitation, Cascade and the City will agree on terms for such operations. 22. The pool deck and pool may be safely operated after dusk only if Cascade utilizes their temporary lighting system, which is in compliance with WAC 246-260-031(23) (see also Table 031.7 therein) and has been approved by the City Electrician. 23. Cascade may, for the purposes of generating revenue to offset operating fees, sell pool advertising banner space. 24. Undertake maintenance and repairs for plumbing and electrical systems.   Item 8.2       Packet pg. 105/302   Item 8.2       Packet pg. 105/302 20 25. Undertake maintenance and repairs for pool and hot tub systems, including but not limited to filter mechanicals and plumbing, water heaters and boiler, chemical systems and all associated pumps. Coordinate with the City to schedule quarterly sewer grinder pump maintenance or major routine maintenance to be performed by City staff, annual backflow recertifications from the City. 26. Undertake maintenance, cleaning, and repairs of surfaces, including floors, walls, pool liner and all other building surfaces and pool deck, locker rooms, lobby, restrooms, office areas, and all utility closets and storage areas. Undertake all landscape maintenance inside the fence, to include grass mowing. 27. Undertake maintenance, cleaning, repairs, and garbage removal from the interior of the pool building and the exterior of the building inside the fence, including but not limited to cleaning, garbage removal, graffiti removal, and routine pool deck maintenance. 28. Undertake maintenance, cleaning, and repairs of all drains and drainage in locker rooms, restrooms, lobby areas, and other facility drainage maintenance. 29. Undertake maintenance, cleaning, and repair of all office equipment and furniture not owned or provided by Cascade, including but not limited to chairs, tables, storage shelves, bulletin boards, and the like. 30. Undertake maintenance, cleaning and repairs of all pool equipment for conducting programs, including but not limited to hydraulic chairs, pool access ways, and the like.   Item 8.2       Packet pg. 106/302   Item 8.2       Packet pg. 106/302 21 EXHIBIT D Yost Pool Operations Daily Checklist (EXAMPLE) Cascade Swim Club to develop their own checklist and provide to City for approval. OPENING DUTIES Unlock yellow vehicle gate (staff to park in lower lot) Unlock padlock @ deck gate (must remain unlocked during business hours) Unlock building; locker rooms, north deck gate, guard room Turn on internal building lights Remove covers from water bodies Remove robot vacuum from pool Check safety poles, backboards, buoys are in place & operational Check emergency equipment is stocked & operational Conduct initial chemistry readings and record them on the log Check locker rooms & public areas for cleanliness, maintenance & safety PERIODIC DUTIES THROUGHOUT DAY Take pool and spa/hot tub chemical readings and record on log as required. Check locker rooms & public areas for cleanliness, maintenance & safety Check toilets, sinks, showers & drains and clean if needed Check toilet paper, paper towels, soap dispensers and resupply if needed Empty suit spinner buckets in Locker Rooms if needed Squeegee excess water in Locker Rooms as necessary Ensure deck storage is tidy and safe to move in Put toys, deck signs & fitness items away as necessary Ensure safety gear is in good condition Pick up litter on pool deck Remove garbage if needed Use battery blower as necessary to remove debris Remove any Damaged Chairs, Tables, Pool Equipment, Etc. Move items away from grassy areas when requested by the City Use large pool vacuum when requested by the City CLOSING DUTIES Lock building exterior doors Secure deck umbrellas Take final chemistry readings and record in log Insert robot vacuum into pool   Item 8.2       Packet pg. 107/302   Item 8.2       Packet pg. 107/302 22 Place covers on water bodies Check locker rooms & public areas for cleanliness, maintenance & safety Turn off internal building lights Lock locker rooms and guard room Lock padlock @ deck gate Lock yellow vehicle gate JANITORIAL DUTIES should include but not limited to: Locker Room TILED areas need to be bleached three times per week Clean & wipe down deck water fountain Clean mirrors, partitions & counters Clean, sweep, upper office, stairs, family change & upper decks Clean, sweep, mop Guard Room   Item 8.2       Packet pg. 108/302   Item 8.2       Packet pg. 108/302 23 EXHIBIT E Cascade Yost Pool Safety Action Plan   Item 8.2       Packet pg. 109/302   Item 8.2       Packet pg. 109/302 24 YOST POOL SAFETY ACTION PLAN PREPARED BY CASCADE SWIM CLUB EMERGENCY MANAGEMENT TEAM City of Edmonds Jesse Curran Park Maintenance Manager (425-343-2248) Shannon Burley Deputy Director (425) 248-5142 Tony Bond Aquatic Facility Operator (425) 409-4708 Cascade Swim Club Garrett McCaffrey Executive Director & Head Coach 253-279-9858 Benjamin Weed Yost Manager 425-361-6955 Shawn Fukumoto Assistant Coach 206-484-1014   Item 8.2       Packet pg. 110/302   Item 8.2       Packet pg. 110/302 25 Assessment Is it life threatening? If so, clear the building. Call 911 If appropriate direct patrons to safety. Call Yost Park Maintenance Manager and City of Edmonds primary contact to notify them for further assistance. Notify Cascade Site Lead and, if unable to reach, call Executive Director & Head Coach and continue calling contacts on the emergency list until management leadership has been notified. Fill out and turn in appropriate reports. Staff Briefing. FACILITY EMERGENCY   Item 8.2       Packet pg. 111/302   Item 8.2       Packet pg. 111/302 26 Assess and monitor changing weather conditions, tracking potential weather disturbances on radar app. Coach/Lifeguard is alerted. 3 Whistles – Clear the pool. Direct patrons to safety and away from the water. Notify Head Lifeguard on duty and front desk personnel. Maintain crowd control keeping pool clear until weather conditions improve (in the case of thunder/lightning clear pool and deck areas for minimum of 30 minutes from the last sound of thunder and/or sight of lightning). Close pool for the day if weather outlook remains severe and unpredictable as determined to be in the best interest of safety. Staff Briefing OTHER NATURAL CONSIDERATIONS: Wildfire/Smoke/Air Quality: AQI 101-150 – Notify user groups/patrons of air quality conditions AQI 151-200 – Close pool for the day. Ice/Snow: Monitor severity and access, open and close as deemed appropriate with enough time to accommodate safe travel. WEATHER EMERGENCY   Item 8.2       Packet pg. 112/302   Item 8.2       Packet pg. 112/302 27 Alarm sounds and Coach/Lifeguard is alerted. Assess the scene. 3 Whistles – Clear the pool/building. Direct patrons away from hazard areas to safety. Confirmation of alarm. Alarm CONFIRMED: Evacuate property. Contact appropriate Emergency Responders. FALSE Alarm: Resume activities. Call Yost Park Maintenance Manager and City of Edmonds primary contact to notify them and for further assistance. Notify Cascade Site Lead and, if unable to reach, call Executive Director and continue calling contacts on the emergency list until management leadership has been notified. Fill out and turn in appropriate reports. Staff Briefing. FIRE & CHEMICAL EMERGENCY   Item 8.2       Packet pg. 113/302   Item 8.2       Packet pg. 113/302 28 Assess the scene. SAFE? Deal with problem/concern Listen to patron Offer a solution UNSAFE? Call 911 Call City of Edmonds primary contact to notify them for further assistance. Notify Cascade Site Lead and, if unable to reach, call Executive Director and continue calling contacts on the emergency list until management leadership has been notified. Fill out and turn in appropriate reports. Staff Briefing. EMERGENCY INCIDENT   Item 8.2       Packet pg. 114/302   Item 8.2       Packet pg. 114/302 29 3 Whistles – Clear the pool. Assess the scene. Secure additional assistance. Lifeguard enters water. Staff/bystander – Call 911. DISTRESSED SWIMMER? Assist to safety and provide First Aid. DROWNING SWIMMER? Appropriate rescue & tow. Provide CPR & First Aid until EMS arrives. Staff/bystander meet ambulance, provide assistance as directed. EMS – Victim to hospital. Call Yost Park Maintenance Supervisor and City of Edmonds primary contact. Notify Cascade Site Lead and, if unable to reach, call Executive Director and continue calling contacts on the emergency list. Fill out and turn in appropriate reports. Staff Briefing and follow-up counseling. DROWNING INCIDENT   Item 8.2       Packet pg. 115/302   Item 8.2       Packet pg. 115/302 30 3 Whistles – Clear the pool. Assess the scene. Secure additional assistance. Direct to call 911 & to retrieve backboard for primary rescuer. Enter the water. Provide in-line stabilization. Secure victim on backboard. Remove from the water. Check ABCs and monitor until EMS arrives. Call City of Edmonds primary contact. Notify Cascade Site Lead and, if unable to reach, call Executive Director and continue calling contacts on the emergency list. Fill out and turn in appropriate reports. Staff Briefing and follow-up counseling. SPINAL MANAGEMENT   Item 8.2       Packet pg. 116/302   Item 8.2       Packet pg. 116/302 31 Read the following: “An Aquatic Emergency exists at Yost Pool, located in Yost Park at 9535 Bowdoin Way, Edmonds Please come at once to the NORTH GATE EMERGENCY ENTRANCE into the pool area. There has apparently been a ___________ injury.” DO NOT HANG UP Remain on the phone with the dispatcher until emergency personnel arrive on the scene. Complete the necessary paperwork and notify appropriate Yost Emergency Management Team members after the emergency. 911 CALL EXAMPLE   Item 8.2       Packet pg. 117/302   Item 8.2       Packet pg. 117/302 City Council Agenda Item 8.3 October 13, 2026 - Regular Meeting TITLE:Approval of Supplemental Agreement with SCJ for the Hwy 99 Revitalization Project Stage 4 (Second Reading) DEPARTMENT:Engineering PRESENTER:Mike De Lilla NEEDED FROM COUNCIL:Action RECOMMENDATION:Move to approve the contract supplement with SCJ Alliance for a new total amount of $6,233,603. BUDGET: Total Dollar Amount:$6,233,603 ☒ Approved in Budget Fund(s):grants ☐ Budget Reallocation Required ☐ No Budget Impact PROBLEM/ISSUE STATEMENT: Due to scope of work additions since the start of the Hwy 99 Revitalization Project – Stage 4, a contract supplement with SCJ is needed. CONTEXT, ANALYSIS, & ALTERNATIVES: The Highway 99 Revitalization project extends Shoreline’s corridor improvements through Edmonds from 244th St. SW to 212th St. SW. Due to the high overall cost, the 2.25-mile corridor is divided into seven segments. The Stage 4 segment, from 224th St SW to 220th St. SW, includes intersection capacity improvements at Highway 99 and 220th St. SW with added northbound, southbound, and westbound left-turn lanes. The project also installs planter strips, bike lanes, sidewalks, upgraded street and pedestrian lighting on both sides of the street, and utility improvements. SCJ has been leading the design work since November 2022, and a contract supplement is now needed due to added scope. Supplement items (Design/ROW phases): •Stormwater updates required by the 2024 DOE Manual •Complete Streets elements, including additional roadway and stormwater work and bike lane addition •Additional property-specific work: o Dick’s Drive-In and WinCo Foods driveway regrading o Doug’s Lynnwood Mazda stair impacts o Dragon Casino parking lot redesign o Paradise Espresso and Emerald City Engineers parking-lot grading •Four additional design analysis documents for WSDOT submittals & approvals •Phase 1 and Phase 2 Environmental Site Assessments •Cultural resources review •Structural work for the Interurban trail tunnel at 220th St SW   Item 8.3       Packet pg. 118/302   Item 8.3       Packet pg. 118/302 •PUD and communications service connections for underground utility conversion •Additional surveying •Right-of-way negotiations for 33 parcels, led by RES RECOMMENDATION: Move to approve the contract supplement with SCJ Alliance for a new total amount of $6,233,603. BUDGET IMPACTS: The total supplement cost is $2,346,403 ($1,803,781 Design, $542,622 ROW). The original SCJ contract for the design phase was $3,887,220 (including a $186,000 reserve). Supplement funding will come from Connecting Washington, Move Ahead Washington, Traffic Impact Fees, and secured federal funds. These funding sources can be used to pay for the undergrounding of overhead utility lines work, except Connecting Washington Funds since they are generated from gas tax. ITEM HISTORY: November 1, 2022, Council approved the SCJ Consultant Agreement for the Hwy 99 Revitalization Project – Stage 4. August 18, 2026, staff presented this item to the Parks and Public Works Committe and it was forwarded to the consent agenda for approval. ADDITIONAL INFORMATION: ATTACHMENTS: Attachment 1 – Supplemental Agreement   Item 8.3       Packet pg. 119/302   Item 8.3       Packet pg. 119/302 Supplemental Agreement Number Organization and Address Phone: Original Agreement Number Project Number Execution Date Completion Date Project Title New Maximum Amount Payable Description of Work The Local Agency of desires to supplement the agreement entered in to with and executed on and identified as Agreement No. All provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: I Section 1, SCOPE OF WORK, is hereby changed to read: II Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days for completion of the work to read: III Section V, PAYMENT, shall be amended as follows: as set forth in the attached Exhibit A, and by this reference made a part of this supplement. If you concur with this supplement and agree to the changes as stated above, please sign in the Appropriate spaces below and return to this office for final action. By: By: Consultant Signature Approving Authority Signature Date DOT Form 140-063 Revised 09/2005 City of Edmonds SCJ Alliance 11000//00011//2220002226 LA--110002222225 See Scope of Work The contract is extended to 11222//33311//2220002228 The contract will be increased by $$$222,,,3334446,,,444000333 from $$$333,,,887,,,222000000 to $$$6,,,222333333,,,6000333... Supplement 11 LA--110002222225 Shea,,, Carr && Jewell,,, Inc... ((dba SCJ Alliance)) 87333000 Tallon Lane NE,,, Suite 222000000 Lacey WA 985116 3336000--3335222--1144465 N//A 1111//00011//222000222222 11222//33311//2220002228 Highway 99 Gatweway -- Revitilzation,,, Stage 444,,, 222222444th zSt SW to 222222000th St SW $$$6,,,222333333,,,6000333 The objective of the Stage 444 project is to design and construct improvements to Highway 99 from 222222444th St SW to approximately 7000000'' north of 222222000th St SW consistent with the Conceptual Plans developed in the Stage 222 planning project and the Stage 222 construction... The scope of the project will include new sidewalks,,, new bike lanes,,, new dual left turn pockets for NB and SB traffic at 222222000th Street SW,,, an new right turn lane for traffic at 222222000th St SW,,, undergrounding overhead utilities,,, landscaping,,, and other streetscape improvements Scott Sawyer Mike Rosen Item 8.3 Packet pg. 120/302 Item 8.3 Packet pg. 120/302 Exhibit “A” Summary of Payments Basic Agreement Supplement #1 Total Direct Salary Cost Overhead (Including Payroll Additives) Direct Non-Salary Costs Fixed Fee Total DOT Form 140-063 Revised 09/2005 $$$8222000,,,67222 $$$11,,,2224447,,,1175 $$$11,,,54446,,,911000 $$$2227222,,,4446333 $$$333,,,887,,,222222000 $$$1185,,,52229...2228 $$$33369,,,98444...333222 $$$11,,,73339,,,2229333...7000 $$$611,,,595...7222 $$$2223334446,,,444000333...000222 $$$11,,,0000006,,,22200011...2228 $$$11,,,60008,,,1159...333222 $$$333333444,,,00058...7222 $$$333,,,22285,,,222000333...7000 $$$6,,,222333333,,,6222333...000222 Item 8.3 Packet 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Meeting TITLE:Approval of claim checks and wire payment. (Only One Reading Required) DEPARTMENT:Finance PRESENTER:Richard Gould NEEDED FROM COUNCIL:Action RECOMMENDATION:Approval of claim checks and wire payment. BUDGET: Total Dollar Amount:$315,101.31 ☒ Approved in Budget Fund(s):various ☐ Budget Reallocation Required ☐ No Budget Impact PROBLEM/ISSUE STATEMENT: Approval of claim checks #283950 – #284029 dated October 7, 2026 for $313,651.86 and wire payment of $1,449.45. CONTEXT, ANALYSIS, & ALTERNATIVES: 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. RECOMMENDATION: Approval of claim checks and wire payment. BUDGET IMPACTS: $315,101.31 ITEM HISTORY: N/A ADDITIONAL INFORMATION: ATTACHMENTS: N/A   Item 8.4       Packet pg. 204/302   Item 8.4       Packet pg. 204/302 City Council Agenda Item 8.5 October 13, 2026 - Regular Meeting TITLE:Resolution: Purple Heart City (Only One Reading Required) DEPARTMENT:City Council Office PRESENTER:Michelle Dotsch NEEDED FROM COUNCIL:Informational RECOMMENDATION:Approve a resolution of the City Council of the City of Edmonds, Washington’s continued designation the City of Edmonds as a purple heart city and honoring the sacrifices of purple heart recipients. BUDGET: Total Dollar Amount:0 ☐ Approved in Budget Fund(s):N/A ☐ Budget Reallocation Required ☒ No Budget Impact PROBLEM/ISSUE STATEMENT: The Purple Heart City Designation recognizes the members of the Armed Forces who have been wounded or paid the ultimate price. The City was designated as such with a mayoral proclamation in November of 2022 and now in cooperation with the local VFW, the city will be adding signage around town with the official Purple Heart City signage. CONTEXT, ANALYSIS, & ALTERNATIVES: The Purple Heart designation is an outward expression of an internal desire to recognize and honor recipients of the Purple Heart. The Purple Heart is presented to men and women of all military services that have been injured or killed in action against an enemy of the United States. RECOMMENDATION: Approve a resolution of the City Council of the City of Edmonds, Washington’s continued designation the City of Edmonds as a purple heart city and honoring the sacrifices of purple heart recipients. BUDGET IMPACTS: None ITEM HISTORY: The Purple Heart Trail program began in 1992 at Mt. Vernon, Virginia. The goal was to make the public aware of the Purple Heart Medal and what the medal represented. As the Purple Heart Trail grew, so did the requests from businesses, colleges, universities, cities, towns, sports team, airports, buildings, and many others for Purple Heart designation.   Item 8.5       Packet pg. 205/302   Item 8.5       Packet pg. 205/302 November 1, 2022, The City by Mayoral Proclamation, was designated as a Purple Heart City. ADDITIONAL INFORMATION: ATTACHMENTS: Proclamation 2022 Resolution 2026   Item 8.5       Packet pg. 206/302   Item 8.5       Packet pg. 206/302   Item 8.5       Packet pg. 207/302   Item 8.5       Packet pg. 207/302 RESOLUTION NO. ____ A RESOLUTION OF THE CITY OF EDMONDS, WASHINGTON, CELEBRATING THE ONGOING DESIGNATION OF THE CITY OF EDMONDS AS A PURPLE HEART CITY AND HONORING THE SACRIFICES OF PURPLE HEART RECIPIENTS. WHEREAS, the Purple Heart is the oldest military decoration in present use, originally established by General George Washington on August 7, 1782, as the Badge of Military Merit, and reestablished in 1932 to honor members of the United States Armed Forces who have been wounded or killed in action while serving our Nation; and WHEREAS, the Purple Heart is awarded in the name of the President of the United States to those members of the Armed Forces who have been wounded or who have made the ultimate sacrifice in combat with an enemy of the United States; and WHEREAS, the Military Order of the Purple Heart, chartered by the United States Congress, encourages municipalities to become Purple Heart Cities as a lasting tribute to America’s combat-wounded veterans; and WHEREAS, the City of Edmonds has a long and proud history of supporting active-duty military members and veterans who have faithfully served this Nation during times of war and peace. Many former City residents made the ultimate sacrifice in the cause of freedom, and numerous combat-wounded Purple Heart recipients reside within the City and continue to contribute to their community in countless ways; and WHEREAS, U.S. Interstate 5 in Washington, which serves the Puget Sound region, is now memorialized as part of the National Purple Heart Trail, and the City of Edmonds is proud to be a one of the Purple Heart Cities throughout Washington State as proclaimed by the Office of the Mayor as a Purple Heart City in 2022; and WHEREAS, the City Council desires to again publicly recognize these brave men and women and demonstrate the City’s continuing appreciation for all military veterans and active-duty service members; and   Item 8.5       Packet pg. 208/302   Item 8.5       Packet pg. 208/302 WHEREAS, Edmonds’ designation as a Purple Heart City serves as a permanent reminder of the sacrifices made by our Nation’s military personnel and fosters greater public awareness of their service and dedication; THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. The City of Edmonds is proud of its Purple Heart City designation since 2022. Section 2. The City Council extends its deepest gratitude and appreciation to all Purple Heart recipients and their families for their courage, sacrifice, and unwavering commitment to the United States of America. Section 3. The City encourages all residents to recognize and honor the service of Purple Heart recipients and all veterans who have defended our Nation. Section 4. The City Clerk is directed to provide a copy of this Resolution to the Military Order of the Purple Heart and other appropriate veterans’ organizations. Section 5. The Mayor is encouraged to work with local veterans’ organizations to identify an appropriate location for the placement of permanent Purple Heart City signage at the entrances to the City of Edmonds, subject to applicable City policies and available funding. MAYOR, MIKE ROSEN ATTEST/AUTHENTICATE: CITY CLERK, LUKE LONIE FILED WITH THE CITY CLERK:OCTOBER 13, 2026 PASSED BY THE CITY COUNCIL:OCTOBER 13, 2026 RESOLUTION NO:   Item 8.5       Packet pg. 209/302   Item 8.5       Packet pg. 209/302 City Council Agenda Item 9.1 October 13, 2026 - Regular Meeting TITLE:Public Hearing to Extend Interim Ordinance No. 4433, File No. AMD2025-0006 (Fifth Reading and Beyond) DEPARTMENT:Planning and Development Services PRESENTER:Deb Powers NEEDED FROM COUNCIL:Action RECOMMENDATION:Hold a public hearing and approve the extension of the interim landmark tree ordinance under Council Business items. BUDGET: Total Dollar Amount:0 ☐ Approved in Budget Fund(s):N/A ☐ Budget Reallocation Required ☒ No Budget Impact PROBLEM/ISSUE STATEMENT: In April 2025, City Council adopted Interim Ordinance No. 4389 to protect landmark trees for twelve months, as the city worked on permanent large tree protections and other changes to Edmonds Community Development Code (ECDC) (Attachment 1). However, code updates did not begin until January 2026, leaving only a few months until the interim ordinance expired at the end of April 2026. Interim Ordinance No. 4433 extended landmark tree protection for an additional six months, anticipating that the Planning Board would finalize code changes, hold a public hearing, and make its recommendation, prior to City Council review and code adoption by late October 2026 (Attachment 2). While a great deal of work has been accomplished with the code updates thus far, Council determined at its September 9 study session that the project timeline should be extended into 2027 to allow more time for Council review of the draft code and additional public engagement. To extend landmark tree protections for a further six months, this public hearing is required prior to approval of the interim ordinance extension. CONTEXT, ANALYSIS, & ALTERNATIVES: Staff are not presenting draft regulations or specific policy proposals at this time. This agenda item proposes to extend the landmark tree moratorium for a further six months, as allowed by RCW 36.70.795, based on the findings of fact stated in Resolution 1471, subsections 1A, 1B, and 1C, and the whereas clauses of the interim ordinance, consistent with the City’s 2023 Climate Action Plan and 2019 Urban Forest Management Plan (Attachment 3). RECOMMENDATION: Hold a public hearing and approve the extension of the interim landmark tree ordinance under Council Business items. BUDGET IMPACTS:   Item 9.1       Packet pg. 210/302   Item 9.1       Packet pg. 210/302 N/A ITEM HISTORY: Complete item history is provided in September 8, 2026 City Council Public Hearing Agenda Item 9.1 with additional tree code amendment context, analysis and alternatives. Sufficient public notice has been provided as required for public hearings (Attachment 5). ADDITIONAL INFORMATION: N/A ATTACHMENTS: 1. Ordinance No. 4389 2. Ordinance No. 4433 3. Ordinance No. 4217, Resolution 1471 4. Proposed Interim Ordinance Extension 5. Public Hearing Notice   Item 9.1       Packet pg. 211/302   Item 9.1       Packet pg. 211/302 ORDINANCE NO. 4389 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ESTABLISHING AN INTERIM REGULATION TO PROHIBIT THE REMOVAL OF CERTAIN LANDMARK TREES ON A TEMPORARY BASIS, SETTING ONE YEAR AS THE EFFECTIVE PERIOD OF THE INTERIM REGULATION AND ADOPTING A WORK PLAN. WHEREAS, the city council adopted Ordinance 4217 on March 2, 2021, establishing an interim regulation to temporarily prohibit the removal of certain landmark trees; and WHEREAS, the city council adopted Resolution 1471 on April 27, 2021, adopting findings of fact to justify the earlier adoption of the interim ordinance and extending its effectiveness until September 2, 2021; and WHEREAS, Ordinance 4217 was intended to be temporary while the city continued work on drafting permanent revisions to the tree code; and WHEREAS, Ordinance 4217 was not renewed or extended after it expired on September 2, 2021; and WHEREAS, the tree code amendments that were contemplated in 2021 were delayed due to various staffing changes and reductions in the planning and development department and the need to prioritize the periodic update of the comprehensive plan; and WHEREAS, the 2023 Climate Action Plan, adopted on March 21, 2023, via Resolution 1518, reinforces the importance of protecting and maintaining the city’s tree canopy; and WHEREAS, the city council would like to renew the effort to protect landmark trees in conjunction with its ongoing development code update, which arises from the recently adopted periodic update to the city’s comprehensive plan; and WHEREAS, this ordinance will provide temporary protection to trees that have a diameter at breast height of thirty inches or more; and WHEREAS, it will take about a year for the City to evaluate and consider the merits, scope, and details of its permanent regulation; and WHEREAS, the city council desires to adopt the following interim regulation to temporarily protect landmark trees while this work can be done; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS DOES ORDAIN AS FOLLOWS:   Item 9.1       Packet pg. 212/302   Item 9.1       Packet pg. 212/302 Section 1. Purpose. The purpose of this interim regulation is to temporarily protect certain landmark trees from “tree removal” as that term is defined in ECDC 23.10.020.V. This temporary protection is intended to be in place while the city establishes permanent regulations to govern the removal of such trees. For the purposes of this ordinance, a “landmark tree” shall be defined as any tree with a diameter at breast height (DBH) of thirty inches or more. Section 2. Applicability. The permitting exemption contained in ECDC 23.10.040.A shall not extend to landmark trees. This ordinance shall not apply to any tree removal associated with and permitted through a complete building permit application that has already been submitted. This ordinance shall not apply to trees proposed to be removed in conjunction with development activity pursuant to ECDC 23.10.060. This ordinance shall not apply to a tree removal permit that has already issued. Section 3. Prohibition. For as long as this ordinance remains in effect, it shall be unlawful to direct any act of tree removal toward a landmark tree, as that term is defined in Section 1, above, unless the landmark tree also meets the definition of hazard tree in ECDC 23.10.020.H or nuisance tree in 23.10.020.N. Section 4. 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 5. 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   Item 9.1       Packet pg. 213/302   Item 9.1       Packet pg. 213/302   Item 9.1       Packet pg. 214/302   Item 9.1       Packet pg. 214/302 APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY JEFF TARADAY FILED WITH THE CITY CLERK: April 17, 2025 PASSED BY THE CITY COUNCIL: April 21, 2025 PUBLISHED: April 24, 2025 EFFECTIVE DATE: April 29, 2025 ORDINANCE NO.: 4389   Item 9.1       Packet pg. 215/302   Item 9.1       Packet pg. 215/302 1 SUMMARY OF ORDINANCE NO. 4389 of the City of Edmonds, Washington On the 21st day of April, 2025, the City Council of the City of Edmonds, passed Ordinance No. 4389. 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 TO PROHIBIT THE REMOVAL OF CERTAIN LANDMARK TREES ON A TEMPORARY BASIS, 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 21st day of April, 2025. CITY CLERK, SCOTT PASSEY   Item 9.1       Packet pg. 216/302   Item 9.1       Packet pg. 216/302 Exhibit A Work Plan for Developing a Permanent Tree Code to Protect Landmark Trees • Study case law application of “takings” issues related to trees (June-July 2025) • Analyze city’s tree permit types and trends in recent years (July- August –2025) • Identify and evaluate specific problems with the existing tree code (August- September, 2025) • Clarify intent in updating the tree code (October 2025) • Clarify key definitions, including definition of landmark trees October 2025) • Study options for tree removal and replacement requirements (November- December 2025) • Analyze types of tree permits needed and the processes to make them effective (December 2025-January 2026) • Study options for enforcement of tree regulations (January 2026) • Identify level of staffing needed to implement and enforce permanent tree code ordinance (February 2026) • Develop specific draft language for updating tree code and get input from Planning Board and public (February-March 2026) • Bring draft code to City Council, have public hearing, and adopt final version (March-April 2026)   Item 9.1       Packet pg. 217/302   Item 9.1       Packet pg. 217/302   Item 9.1       Packet pg. 218/302   Item 9.1       Packet pg. 218/302   Item 9.1       Packet pg. 219/302   Item 9.1       Packet pg. 219/302   Item 9.1       Packet pg. 220/302   Item 9.1       Packet pg. 220/302   Item 9.1       Packet pg. 221/302   Item 9.1       Packet pg. 221/302   Item 9.1       Packet pg. 222/302   Item 9.1       Packet pg. 222/302   Item 9.1       Packet pg. 223/302   Item 9.1       Packet pg. 223/302   Item 9.1       Packet pg. 224/302   Item 9.1       Packet pg. 224/302 RESOLUTION NO. 1471 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, ADOPTING FINDINGS OF FACT TO SUPPORT THE ADOPTION OF ORDINANCE 4217, WHICH ESTABLISHED INTERIM DEVELOPMENT REGULATIONS THAT PREVENT THE REMOVAL OF CERTAIN LANDMARK TREES. WHEREAS, the city council adopted Ordinance 4217 on March 2, 2021; and WHEREAS, the city council held a public hearing on Ordinance 4217 on April 20, 2021 to determine whether the interim development regulations adopted by that ordinance were justified and should continue for the remainder of its six-month period of applicability; and WHEREAS, several people spoke at the above -referenced public hearing, both for and against the ordinance: and WHEREAS, many of the arguments offered in favor of the ordinance made points consistent with the whereas clauses of Ordinance 4217; and WHEREAS, many of the arguments offered against the ordinance were less persuasive due to the temporary nature ofthe ordinance; now therefore, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. ADOPTION OF FINDINGS. The city council hereby adopts as its findings of fact to support the adoption and continuing effectiveness of Ordinances 4217 the Whereas clauses contained in Ordinances 4217 as well as the following supplemental findings: A. It takes a long time for a tree to grow from its planted size to a size of twenty-four inch DBH or larger. B. The permanent landmark tree regulations to be adopted later this year may allow for some removal of landmark trees in certain circumstances where removal is deemed appropriate. C. Careful thought and deliberation should be given to the crafting of those permanent landmark tree regulations to ensure that any future removal of landmark trees is not harmful to the public, health, safety, and welfare or that such harm is offset by other competing societal values and benefits. D. Extending the effectiveness of Ordinance 4217 for roughly another four months until September 2, 2021 is reasonable considering how long it would take to replace 1100..11..d Packet Pg.. 116655 At t a c h m e n t : : R e s o l u t i o n 1 1 4 4 7 7 1 1 ( ( I n t e r i m O r d i n a n c e t o P r o h i b i t t h e R e m o v a l o f C e r t a i n L a n d m a r k T r e e s ) )   Item 9.1       Packet pg. 225/302   Item 9.1       Packet pg. 225/302 landmark trees that may be cut without sufficient justification if the ordinance were to be repealed now. Section 2. CONTINUANCE OF MORATORIUM. In light of the findings of fact adopted in Section 1, above, the effectiveness of Ordinance 4217 shall continue and not terminate until September 2, 2021, unless it is expressly repealed by earlier council action. RESOLVED this 27th day ofApril, 2021. CITY OF EDMONDS 1 Ir M R, MIKE NELSON ATTEST: G CLERK, SC67T ASSEY FILED WITH THE CITY CLERK: April 23. 2021 PASSED BY THE CITY COUNCIL: April 27. 2021 RESOLUTION NO. 1471 2 1100..11..d Packet Pg.. 116666 At t a c h m e n t : : R e s o l u t i o n 1 1 4 4 7 7 1 1 ( ( I n t e r i m O r d i n a n c e t o P r o h i b i t t h e R e m o v a l o f C e r t a i n L a n d m a r k T r e e s ) )   Item 9.1       Packet pg. 226/302   Item 9.1       Packet pg. 226/302 ORDINANCE NO. ____ AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, EXTENDING BY ANOTHER SIX MONTHS THE INTERIM REGULATION ESTABLISHED BY ORDINANCE 4389 TO PROHIBIT THE REMOVAL OF CERTAIN LANDMARK TREES. WHEREAS, the city council adopted Ordinance 4217 on March 2, 2021, establishing an interim regulation to temporarily prohibit the removal of certain landmark trees; and WHEREAS, the city council adopted Resolution 1471 on April 27, 2021, adopting findings of fact to justify the earlier adoption of the interim ordinance and extending its effectiveness until September 2, 2021; and WHEREAS, Ordinance 4217 was intended to be temporary while the city continued work on drafting permanent revisions to the tree code; and WHEREAS, Ordinance 4217 was not renewed or extended after it expired on September 2, 2021; and WHEREAS, the tree code amendments that were contemplated in 2021 were delayed due to various staffing changes and reductions in the planning and development department and the need to prioritize the periodic update of the comprehensive plan; and WHEREAS, the 2023 Climate Action Plan, adopted on March 21, 2023, via Resolution 1518, reinforces the importance of protecting and maintaining the city’s tree canopy; and   Item 9.1       Packet pg. 227/302   Item 9.1       Packet pg. 227/302 WHEREAS, the city council would like to renew the effort to protect landmark trees in conjunction with its ongoing development code update, which arises from the recently adopted periodic update to the city’s comprehensive plan; and WHEREAS, this ordinance will provide temporary protection to trees that have a diameter at breast height of thirty inches or more; and WHEREAS, the city council established an interim regulation and adopted a work plan with Ordinance 4389; and WHEREAS, the city council extended the interim regulation for six months with Ordinance 4433, which was adopted on April 21, 2026; and WHEREAS, the planning board has subsequently held a public hearing on the proposed tree code amendments and made a recommendation to the city council; and WHEREAS, the council needs additional time to complete the work on the landmark tree regulations and the tree code more generally; and WHEREAS, while that work is being done, the city council desires to extend the interim regulation for another six months with this ordinance; and WHEREAS, on October 13, 2026, the city council held a public hearing on the extension of this interim regulation; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS DOES ORDAIN AS FOLLOWS: Section 1. Extended Duration of Interim Regulations. The interim regulations adopted by Ordinance 4389 are hereby given extended effectiveness and shall not terminate until six months after the effective date of this ordinance, unless it is repealed sooner.   Item 9.1       Packet pg. 228/302   Item 9.1       Packet pg. 228/302 Section 2. Findings of Fact. The city council hereby incorporates by reference and adopts the following as its findings of fact to justify the adoption of this ordinance: 1) the findings stated in subsections 1A, 1B, and 1C of Resolution 1471; 2) the whereas clauses of this ordinance and Ordinance 4433; and 3) the agenda memo that accompanies this ordinance in the council packet. In addition, the city council finds that this initial step to protect landmark trees is consistent with the city’s 2023 Climate Action Plan and 2019 Urban Forest Management Plan. Section 3. 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 4. 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/AUTHENTICATE: CITY CLERK, LUKE LONIE   Item 9.1       Packet pg. 229/302   Item 9.1       Packet pg. 229/302 APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY JEFF TARADAY FILED WITH THE CITY CLERK:INSERT DATE PASSED BY THE CITY COUNCIL:INSERT DATE PUBLISHED:INSERT DATE EFFECTIVE DATE:INSERT DATE ORDINANCE NO:XXXX   Item 9.1       Packet pg. 230/302   Item 9.1       Packet pg. 230/302 SUMMARY OF ORDINANCE NO. ____ of the City of Edmonds, Washington On the ____ day of ________, 2026, 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, EXTENDING BY ANOTHER SIX MONTHS THE INTERIM REGULATION ESTABLISHED BY ORDINANCE 4389 TO PROHIBIT THE REMOVAL OF CERTAIN LANDMARK TREES. The full text of this Ordinance will be mailed upon request. DATED this ____ day of _______, 2026. CITY CLERK, LUKE LONIE   Item 9.1       Packet pg. 231/302   Item 9.1       Packet pg. 231/302 Published: Friday, September 25, 2026 Posted: Wednesday, September 23, 2026 For disability accommodations, materials in alternate formats, accessibility information, or language interpretation/ translation needs, please contact the City Clerk at 425-775-2525 at your earliest opportunity. Providing at least 72-hour notice will help ensure availability. Public Hearing Notice Edmonds City Council Council Chambers 250 5TH AVE NORTH, EDMONDS, WA 98020 Topic: Extending Ordinance No. 4433 for an additional period of six months (An Ordinance of the City Of Edmonds, Washington, Establishing an Interim Regulation to Prohibit the Removal of Certain Landmark Trees on a Temporary Basis, Setting Six Months as the Effective Period of the Interim Regulation) per RCW 36.70.795 Date: Tuesday, October 13, 2026 The Edmonds City Council will hold the public hearing as part of its regular meeting. The City Council meeting begins at 6:00 PM. The public hearing will commence shortly after the beginning of the meeting as other Council business permits. Join the meeting in-person at the address above, or virtually using one of the following options: Online via Zoom: • https://zoom.us/j/95798484261 • Webinar ID: 957 9848 4261 • Raise your virtual hand in Zoom to be recognized. Phone: • Dial +1-253-215-8782 • Press *9 to raise your virtual hand. When prompted, press *6 to unmute. Submit written comments anytime online at the following link: https://www.edmondswa.gov/publiccomment. (Comments submitted after 5:00 p.m. on the Wednesday preceding the hearing may be included in the next regular meeting’s materials due to publication timelines.) For more information regarding the public hearing topic, please contact: Planning & Development, (425)-771-0220.   Item 9.1       Packet pg. 232/302   Item 9.1       Packet pg. 232/302 City Council Agenda Item 9.2 October 13, 2026 - Regular Meeting TITLE:Public Hearing on Mobile Food Vendor and Unlicensed Food Vendor Code Updates (Fourth Reading) DEPARTMENT:Planning and Development Services PRESENTER:Duane Wakan NEEDED FROM COUNCIL:Informational RECOMMENDATION:Take public testimony and provide any immediate feedback on the draft code. BUDGET: Total Dollar Amount:0 ☐ Approved in Budget Fund(s):0 ☐ Budget Reallocation Required ☒ No Budget Impact PROBLEM/ISSUE STATEMENT: Staff is bringing forward the draft code to address the emerging issue of unlicensed mobile food vendors for public hearing. Snohomish County and other jurisdictions are reporting a significant increase in unpermitted roadside food vendors that create potential public health risks and persistent enforcement challenges. Updates to Chapter 4.12 Peddler, Solicitors and Street Vendors addresses these and other issues as requested by Council. Although the draft code adds clarity to operational requirements and restrictions, the code still requires some small changes that would allow the Public Works Director to approve mobile food vending in certain locations vetted for safety, sight clearance, and pedestrian accessibility. CONTEXT, ANALYSIS, & ALTERNATIVES: Chapter 4.12 Peddlers, Solicitors and Mobile Food Vendors requires updates to regulate peddling, soliciting and mobile food vending within the City of Edmonds. Updates are proposed to modernize legacy code language and to address gaps in the existing code. These updates include: Updated definitions of motorized and non-motorized mobile vending units and a distinction between the owner versus the responsible operator New enforcement provisions for Edmonds Police Department to issue warnings and citations to unlicensed mobile food vendors Clarifying language that preserves public right-of-way and established penalties for violations New language addressing the illicit discharging of food, liquid, or wastewater into storm drainage systems Requirements for a Mobile Food Vendor Permit   Item 9.2       Packet pg. 233/302   Item 9.2       Packet pg. 233/302 RECOMMENDATION: Take public testimony and provide any immediate feedback on the draft code. BUDGET IMPACTS: There are no budget impacts. ITEM HISTORY: At the April 21, 2026, meeting, Council directed staff to: Update Chapter 4.12 Peddler, Solicitors and Street Vendors chapter based on model code such as the City of Everett. Reach out to Everett to identify gaps in their updated code. Council recommended staff research a pathway for licensure for budding entrepreneurs via designated mobile food vendor hubs or locations such as in Seattle. At the July 14, 2026, meeting, Council directed staff to: Research developing a brochure outlining steps for mobile food vending compliance such as what is done in the City of Seattle. Research if Edmonds Police have a tiered response to issue warnings in-lieu of direct fines. Research parking issues or potential impacts to local businesses if right-of-way were occupied by mobile food vendors. Update the definitions of motorized and non-motorized mobile food vendors referencing what is identified by the Snohomish County Health Department. In addition, staff worked with other departments on possible amendments that would prohibit mobile food vending in the public right-of-way outright unless for sponsored events. A new permitting requirement allowing staff to review mobile food vendor sites was also proposed. At the September 8, 2026, meeting, Council directed staff to: Remove references to the sale, delivery or peddling of dairy, meat, poultry, eel, fish and shellfish etc. Research a pilot program for mobile food vending in both the public right-of-way and in private property. ADDITIONAL INFORMATION: Planning staff met with Public Works/Engineering and Economic Development to discuss a pilot program for mobile food vending. There was general support for a pilot program, but it was felt that additional research was needed. Staff will provide additional detail on that work at the November 24 Council meeting. ATTACHMENTS: Attachment 1: Chapter 4.12 ECC Proposed Repeal Version Attachment 2: Chapter 4.12 ECC Proposed Updated Version   Item 9.2       Packet pg. 234/302   Item 9.2       Packet pg. 234/302 Chapter 4.12 ECC, Peddlers, Solicitors and Street Vendors Page 1 of 8 The Edmonds City Code is current through Ordinance 4444, passed August 3, 2026. Chapter 4.12 PEDDLERS, SOLICITORS AND STREET VENDORS Sections: 4.12.010 Definitions. REPEALED 4.12.020 License required. REPEALED 4.12.030 Repealed. REPEALED 4.12.040 Repealed. REPEALED 4.12.050 Repealed. REPEALED 4.12.055 Street vendor requirements. REPEALED 4.12.060 Repealed. REPEALED 4.12.065 Soliciting and peddling restrictions. REPEALED 4.12.070 Carrying of license required. REPEALED 4.12.080 Repealed. REPEALED 4.12.085 Repealed. REPEALED 4.12.090 Purchase orders – Form and content. REPEALED 4.12.100 Penalty for violation. REPEALED 4.12.110 Severability. REPEALED 4.12.010 Definitions. A. “Solicitor” or “peddler” means any person who shall sell, offer for or expose for sale, or who shall trade, deal or traffic in any goods or services in the city by going from house to house or from place to place or by indiscriminately approaching individuals. 1. Sales by sample or for future delivery, and executory contracts of sale by solicitors or peddlers are included; provided, however, that this section shall not be deemed applicable to any salesman or canvasser who solicits trade from wholesale or retail dealers in the city. 2. Any person who, while selling or offering for sale any goods, services or anything of value, stands in a doorway, any unenclosed vacant lot, parcel of land, or in any other place not used by such person as a permanent place of business shall be deemed a solicitor or   Item 9.2       Packet pg. 235/302   Item 9.2       Packet pg. 235/302 Chapter 4.12 ECC, Peddlers, Solicitors and Street Vendors Page 2 of 8 The Edmonds City Code is current through Ordinance 4444, passed August 3, 2026. peddler within the meaning of this chapter, except as noted in subsection (B) of this section. B. “Street vendor” means any person who shall sell food, flowers, nonalcoholic beverages only, and/or other goods or services from either a motorized or nonmotorized mobile vending unit. C. “Motorized mobile vending unit” means a truck, van or other motorized vehicle that incorporates a kitchen or other food preparation area from which prepared or prepackaged food may be sold. D. “Nonmotorized mobile vending unit” means a cart, kiosk or other device capable of being pushed by one person, with at least two functional wheels and positive wheel-locking devices. [Ord. 4269 § 2, 2022; Ord. 3902 § 1 (Att. A), 2012; Ord. 3513 § 1, 2004; Ord. 2536 § 1, 1985; Ord. 0830 § 1, 1960]. 4.12.020 License required. A. It shall be unlawful for any person to act as solicitor, peddler or street vendor within the meaning and application of this chapter unless that person or his/her employer shall have first secured a city of Edmonds business license as required under Chapter 4.72 ECC. 1. Any person who shall sell, deliver or peddle any dairy product, meat, poultry, eel, fish, mollusk, or shellfish must first obtain a license pursuant to this chapter. 2. No licenses shall be issued or maintained for the sale of poultry or poultry products or meat or meat products which are adulterated or distributed under unsanitary conditions. 3. No licenses shall be issued for the sale of shellfish unless the vendor can produce a certificate of compliance as required by RCW 69.30.020. B. All persons acting as a solicitor, peddler or street vendor shall comply with all laws, ordinances and regulations, including all Snohomish County health department requirements. C. All solicitors, peddlers or street vendors must report any sales made within the city of Edmonds to the Department of Revenue as sales that have occurred within the city. [Ord. 4269 § 2, 2022; Ord. 4165 § 1 (Exh. A), 2019; Ord. 3902 § 1 (Att. A), 2012; Ord. 3513 § 2, 2004; Ord. 2990 § 1, 1994; Ord. 2536 § 1, 1985; Ord. 0830 § 2, 1960].   Item 9.2       Packet pg. 236/302   Item 9.2       Packet pg. 236/302 Chapter 4.12 ECC, Peddlers, Solicitors and Street Vendors Page 3 of 8 The Edmonds City Code is current through Ordinance 4444, passed August 3, 2026. 4.12.030 License fees. Repealed by Ord. 4269. 4.12.040 License application – Information required. Repealed by Ord. 4269. 4.12.050 Investigation of applicants. Repealed by Ord. 4269. 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), 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   Item 9.2       Packet pg. 237/302   Item 9.2       Packet pg. 237/302 Chapter 4.12 ECC, Peddlers, Solicitors and Street Vendors Page 4 of 8 The Edmonds City Code is current through Ordinance 4444, passed August 3, 2026. 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 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.   Item 9.2       Packet pg. 238/302   Item 9.2       Packet pg. 238/302 Chapter 4.12 ECC, Peddlers, Solicitors and Street Vendors Page 5 of 8 The Edmonds City Code is current through Ordinance 4444, passed August 3, 2026. 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. 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. 4405 § 3A (Exh. A),   Item 9.2       Packet pg. 239/302   Item 9.2       Packet pg. 239/302 Chapter 4.12 ECC, Peddlers, Solicitors and Street Vendors Page 6 of 8 The Edmonds City Code is current through Ordinance 4444, passed August 3, 2026. 2025; 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]. 4.12.060 Issuance of license – Expiration. Repealed by Ord. 4269. 4.12.065 Soliciting and peddling restrictions. All licenses issued pursuant to this chapter shall be subject to the following time and location restrictions: A. Fourth of July Fireworks Display. For the purpose of crowd and traffic control on the Fourth of July, all soliciting after 6:00 p.m. within one mile of the official fireworks display shall take place only within the confines of the fireworks viewing area as designated by the chief of police on the Civic Center playfield. B. No peddler or solicitor shall engage or attempt to engage in the business of peddling at any home, residence, apartment complex or business that prominently displays a “No Peddlers” or “No Solicitors” sign or any other similar sign that communicates the occupants’ desire to not be contacted by peddlers. C. No peddler or solicitor shall engage in the business of peddling between the hours of 8:00 p.m. and 9:00 a.m. D. Motorized and nonmotorized mobile vending units which are located directly adjacent to residentially zoned property may not operate between the hours of 9:00 p.m. and 8:00 a.m. Motorized and nonmotorized mobile vending units not located directly adjacent to residentially zoned property may not operate between the hours of 11:00 p.m. and 6:00 a.m. [Ord. 4269 § 2, 2022; Ord. 3902 § 1 (Att. A), 2012; Ord. 3513 § 5, 2004; Ord. 2990 § 4, 1994; Ord. 2370 § 1, 1983]. 4.12.070 Carrying of license required. A city of Edmonds business license shall be carried at all times by each solicitor, peddler or street vendor for whom issued, when soliciting, canvassing or street vending in the city of Edmonds, and shall be exhibited by any such solicitor, peddler or street vendor whenever and   Item 9.2       Packet pg. 240/302   Item 9.2       Packet pg. 240/302 Chapter 4.12 ECC, Peddlers, Solicitors and Street Vendors Page 7 of 8 The Edmonds City Code is current through Ordinance 4444, passed August 3, 2026. wherever he or she shall be requested to do so by any police officer or any person solicited. [Ord. 4269 § 2, 2022; Ord. 3902 § 1 (Att. A), 2012; Ord. 2536 § 1, 1985; Ord. 0830 § 7, 1960]. 4.12.080 Revocation of license. Repealed by Ord. 4269. 4.12.085 Appeal procedure. Repealed by Ord. 4269. 4.12.090 Purchase orders – Form and content. All orders taken by licensed solicitors or peddlers shall be in writing, in duplicate, stating the name as it appears on the license, the address of both the solicitor, peddler and his or her employer, the terms thereof, and the amount paid in advance, and one copy shall be given to the purchaser. [Ord. 4269 § 2, 2022; Ord. 3902 § 1 (Att. A), 2012; Ord. 2536 § 1, 1985; Ord. 0830 § 9, 1960]. 4.12.100 Penalty for violation. Any person, as defined herein, and the officers, directors, managing agents, or partners of any corporation, firm, partnership or other organization or business violating or failing to comply with any provisions of this chapter shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine in any sum not exceeding $250.00 or by imprisonment for a period not exceeding nine months, or both, and each day of violation shall constitute a separate offense. [Ord. 4269 § 2, 2022; Ord. 3902 § 1 (Att. A), 2012; Ord. 2536 § 1, 1985; Ord. 1619 § 3, 1972; Ord. 0830 § 10, 1960]. 4.12.110 Severability. Should any section, clause or provision of this chapter be declared by the courts to be invalid, the same shall not affect the validity of the chapter as a whole, or any part thereof, other than the part declared to be invalid. [Ord. 4269 § 2, 2022; Ord. 3902 § 1 (Att. A), 2012; Ord. 2536 § 1, 1985; Ord. 0830 § 11, 1960].   Item 9.2       Packet pg. 241/302   Item 9.2       Packet pg. 241/302 Chapter 4.12 ECC, Peddlers, Solicitors and Street Vendors Page 8 of 8 The Edmonds City Code is current through Ordinance 4444, passed August 3, 2026. The Edmonds City Code is current through Ordinance 4444, passed August 3, 2026. 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 ICC Code Solutions.   Item 9.2       Packet pg. 242/302   Item 9.2       Packet pg. 242/302 Chapter 4.12 ECC, Peddlers, Solicitors and Mobile Food Vendors Page 1 of 8 Chapter 4.12 PEDDLERS, SOLICITORS AND MOBILE FOOD VENDORS Sections: 4.12.010 Purpose. 4.12.020 Definitions. 4.12.030 License and reporting of sales. 4.12.040 Exemptions. 4.12.050 Penalty for violation. 4.12.060 Enforcement. 4.12.070 Impound. Soliciting and Peddling 4.12.080 Operational restrictions. 4.12.090 Purchase orders. Mobile Food Vendors 4.12.100 Mobile food vendor permit. 4.12.110 Operational requirements and restrictions. 4.12.120 Severability. 4.12.010 Purpose. The purpose of this chapter is to regulate peddling, soliciting, and mobile food vending within the City of Edmonds; protect public health, safety, and welfare; preserve public rights-of-way; and establish penalties for violations. 4.12.020 Definitions. “Employer” means a person or entity legally responsible for the operation of a mobile food vendor, including an owner or authorized agent.   Item 9.2       Packet pg. 243/302   Item 9.2       Packet pg. 243/302 Chapter 4.12 ECC, Peddlers, Solicitors and Mobile Food Vendors Page 2 of 8 “Lemonade stand” means a temporary stand operated by a minor for educational or recreational purposes that sells lemonade, similar beverages, or prepackaged snacks and is not part of an ongoing commercial business. “Mobile food vendor” means any person who sells food or other goods or services from either a motorized or nonmotorized mobile vending unit. [Ord. 4269 § 2, 2022; Ord. 3902 § 1 (Att. A), 2012; Ord. 3513 § 1, 2004; Ord. 2536 § 1, 1985; Ord. 0830 § 1, 1960]. “Motorized mobile vending unit” means a readily movable cooking device used in the preparation of food such as a truck, van or other motorized vehicle from which prepared or prepackaged food may be sold. “Nonmotorized mobile vending unit” means a readily movable cooking device used in the preparation of food such as a trailer, cart, tent and temporary food stands from which prepared or prepackaged food may be sold. “Responsible operator” means the individual present at a mobile food vending unit who is responsible for the operation as a mobile food vendor. “Solicitor” or “peddler” means a person who sells, offers for sale, or solicits orders for goods or services by traveling from house to house, or from place to place, or approaching persons away from the person’s place of business. The term includes sales by sample and orders for future delivery but does not include a mobile food vendor or a person soliciting sales solely from wholesale or retail businesses. 4.12.030 License and reporting of sales. A. Business license required. It shall be unlawful for any person to act as solicitor, peddler, or mobile food vendor within the meaning and application of this chapter unless that person or their employer shall have first secured a city of Edmonds business license as required under Chapter 4.72 ECC.   Item 9.2       Packet pg. 244/302   Item 9.2       Packet pg. 244/302 Chapter 4.12 ECC, Peddlers, Solicitors and Mobile Food Vendors Page 3 of 8 B. A city of Edmonds business license shall be carried at all times by each solicitor, peddler or mobile food vendor for whom issued, when soliciting, canvassing or street vending in the city of Edmonds, and shall be exhibited by any such solicitor, peddler or mobile food vendor whenever and wherever they are requested to do so by any police officer or any person solicited. C. Compliance. All persons acting as a solicitor, peddler or mobile food vendor shall comply with all laws, ordinances, and regulations, including all Snohomish County health department requirements. D. Reporting of sales. All solicitors, peddlers or mobile food vendors must report any sales made within the city of Edmonds to the Department of Revenue as sales that have occurred within the city. [Ord. 4269 § 2, 2022; Ord. 4165 § 1 (Exh. A), 2019; Ord. 3902 § 1 (Att. A), 2012; Ord. 3513 § 2, 2004; Ord. 2990 § 1, 1994; Ord. 2536 § 1, 1985; Ord. 0830 § 2, 1960]. 4.12.040 Exemptions. A. This chapter shall not apply to the following: 1. Any federal, state, or local government agencies; 2. Lemonade stands; 3. Nonprofit organizations, including but not limited to public, religious, civil, charitable, benevolent, nonprofit, cultural or youth organizations; 4. Farmers, gardeners, or other persons who sell, deliver or peddle any fruits, vegetables, berries, eggs, or any farm produce or food products, gathered, produced, or manufactured by such person; 5. Any persons regularly selling or delivering food products door-to-door to established customers on an established route; 6. Vendors operating at a farmers’ or public market or other city-sponsored or approved activity under the provisions of a city-issued permit or city-issued contract; Bona fide political candidates and/or committees.   Item 9.2       Packet pg. 245/302   Item 9.2       Packet pg. 245/302 Chapter 4.12 ECC, Peddlers, Solicitors and Mobile Food Vendors Page 4 of 8 7. An exemption under this section does not exempt a person or activity from any other applicable city, county, state, or federal permit, license, approval, or regulatory requirement. 4.12.050 Penalty for violations. A. Any responsible operator, peddler, or solicitor who violates any provision of this chapter may be subject to a nontraffic infraction to a $250 penalty. B. An Employer who violates any provision of this chapter is guilty of a misdemeanor punishable by a fine up to $1,000 per violation, imprisonment for up to 90 days, or both. Each day a violation continues constitutes a separate offense. C. The municipal court shall have discretion to assess additional penalties for failure to pay or respond to initial or subsequent notices of infraction issued under this section. 4.12.060 Enforcement. A. Authority. The Edmonds police department shall have the authority to enforce the provisions of this chapter, except as otherwise authorized herein. This authority does not supersede or preclude enforcement by other state or local authorities. B. Any responsible operator, peddler or solicitor requested to identify themselves to a law enforcement officer or fire marshal or designee pursuant to an investigation of a violation of this chapter has a duty to identify themselves and give their current address. C. For the purpose of enforcing the provisions of this chapter, a law enforcement officer who has reasonable grounds to believe the responsible operator, peddler or solicitor observed by the officer is violating the provisions of this chapter may administer warnings, citations, or detain such person for a reasonable period of time necessary to identify the person and check the status of the permits. 4.12.070 Impound.   Item 9.2       Packet pg. 246/302   Item 9.2       Packet pg. 246/302 Chapter 4.12 ECC, Peddlers, Solicitors and Mobile Food Vendors Page 5 of 8 When a responsible operator is found in violation of this chapter and the enforcing officer directs impoundment, the impoundment may include the mobile food vending unit together with all associated equipment, fixtures, accessories, inventory, supplies, and other personal property used in connection with mobile food vending. If the impounded property is not otherwise required to be held in custody, it may be redeemed only by the employer, owner, or other person legally entitled to possession, subject to payment of any applicable fees, costs, or penalties. Soliciting and Peddling 4.12.080 Operational restrictions. All licenses issued pursuant to this chapter shall be subject to the following time and location restrictions: A. No peddler or solicitor shall engage or attempt to engage in the business of peddling at any official city approved special event, nor at any home, residence, apartment complex or business that prominently displays a “No Peddlers” or “No Solicitors” sign or any other similar sign that communicates the occupants’ desire to not be contacted by peddlers. B. No peddler or solicitor shall engage in the business of peddling between the hours of 8:00 p.m. and 9:00 a.m. C. 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. 4.12.090 Purchase orders. All orders taken by licensed solicitors or peddlers shall be in writing, in duplicate, stating the name as it appears on the license, the address of both the solicitor, peddler and their employer, the terms thereof, and the amount paid in advance, and one copy shall be given to the purchaser. [Ord. 4269 § 2, 2022; Ord. 3902 § 1 (Att. A), 2012; Ord. 2536 § 1, 1985; Ord. 0830 § 9, 1960].   Item 9.2       Packet pg. 247/302   Item 9.2       Packet pg. 247/302 Chapter 4.12 ECC, Peddlers, Solicitors and Mobile Food Vendors Page 6 of 8 Mobile Food Vendors 4.12.100 Mobile food vendor permit. A. Mobile Food Vendor Permit required. Any mobile food vendor locating on private property shall be required to obtain a mobile food vendor permit. The permit application shall include the following, as applicable: 1. Written approval for the proposed location from the property owner; 2. A circulation plan of the site to ensure the vending unit will not interfere with vehicle or pedestrian traffic or safety; 3. Demonstrate that the site will continue to meet the parking requirements of Chapter 17.50 ECDC, excluding any parking spaces occupied by the mobile vending unit. 4.12.110 Operational requirements and restrictions. A. Location. 1. Mobile food vendors who have obtained a mobile food vendor permit may operate on private property within the following commercially zoned areas; neighborhood business (BN), community business (BC), planned business (BP), downtown business zones (BD1, BD2, BD3, BD4 and BD5), commercial waterfront (CW), general commercial (CG), neighborhood centers and hubs (NCH), and medical use (MU). 2. Mobile food vendors may operate within a specific parks property if they have a concession agreement with the city of Edmonds. A separate mobile food vendor permit is not required. 3. Mobile food vendors shall not operate within the public right-of-way unless approved under a special events permit. B. General requirements and restrictions. 1. Mobile food vendors operating adjacent to the public right-of-way must be oriented to serve pedestrians and shall maintain ADA accessibility.   Item 9.2       Packet pg. 248/302   Item 9.2       Packet pg. 248/302 Chapter 4.12 ECC, Peddlers, Solicitors and Mobile Food Vendors Page 7 of 8 2. The maximum space occupied by a nonmotorized mobile vending unit shall not exceed a footprint of 125 square feet or be greater than 20 feet in length. 3. All mobile food vendors shall comply with all applicable Snohomish County health district requirements. 4. Unlawful disposal of waste. It is unlawful for any person to dispose of solid waste generated in the City of Edmonds and subject to this chapter unless they comply with the provisions of Chapter 7.70.030 Solid Waste Management. The employer may by subject to penalties in this chapter in addition to other civil infractions as defined in RCW 7.80.120. 5. Notice of illicit discharge violation. Discharging of food waste, liquid cooking grease, or greywater/washwater into the public right-of-way or storm drainage system is a violation of Chapter 7.200 (Illicit Discharges) ECDC. ECDC 7.200 explicitly prohibits the discharge of any substance other than clean stormwater into the City’s stormwater conveyance system, groundwater, or surface waters. 6. 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. 7. Mobile food vendors shall be subject to the same regulations regarding plastic bags, non-compostable food service containers, and single-use plastic utensils that apply to retail establishments and food service businesses as referenced in Chapter 6.90 -Non- compostable food service containers prohibition. 8 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. 9. 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. 4.12.120 Severability. Should any section, clause or provision of this chapter be declared by the courts to be invalid,   Item 9.2       Packet pg. 249/302   Item 9.2       Packet pg. 249/302 Chapter 4.12 ECC, Peddlers, Solicitors and Mobile Food Vendors Page 8 of 8 the same shall not affect the validity of the chapter as a whole, or any part thereof, other than the part declared to be invalid. [Ord. 4269 § 2, 2022; Ord. 3902 § 1 (Att. A), 2012; Ord. 2536 § 1, 1985; Ord. 0830 § 11, 1960].   Item 9.2       Packet pg. 250/302   Item 9.2       Packet pg. 250/302 City Council Agenda Item 9.3 October 13, 2026 - Regular Meeting TITLE:Public Hearing on Westgate Neighborhood Center Map Updates (Second Reading) DEPARTMENT:Planning and Development Services PRESENTER:Mike Clugston NEEDED FROM COUNCIL:Informational RECOMMENDATION:Take public testimony on the proposed Future Land Use and Zoning map updates. BUDGET: Total Dollar Amount:0 ☐ Approved in Budget Fund(s):0 ☐ Budget Reallocation Required ☒ No Budget Impact PROBLEM/ISSUE STATEMENT: During the 2024 Comprehensive Plan periodic update, four parcels at the west edge of the Westgate Neighborhood Center that had historically been zoned Westgate Mixed Use (WMU) were not incorporated into the updated Westgate Center Future Land Use Map boundary. When the former WMU zone was subsequently repealed, the parcels were left without an operative zoning designation. On October 28, 2025, the City Council adopted Ordinance No. 4411 (Attachment 3), establishing interim Planned Business (BP) zoning for the four parcels for one year and adopting a work plan to determine permanent Comprehensive Plan and zoning map designations through the 2026 Comprehensive Plan docket. The four subject parcels are located at 10119 Edmonds Way, 10130 Edmonds Way, 10200 Edmonds Way, and 22817 102nd Place W. CONTEXT, ANALYSIS, & ALTERNATIVES: At their August 12, 2026 meeting, the Planning Board considered permanent land use and zoning designations for the four parcels (Attachment 4). The Board directed staff to prepare amendments that would: •Incorporate all four parcels into the Westgate Neighborhood Center on the Future Land Use Map (Attachment 2); •Replace the interim BP zoning with Neighborhood Center and Hub (NCH) zoning; and •Extend the Commercial Ground Floor Overlay along Edmonds Way through the newly designated NCH area approximately to 102nd Place W, without extending the requirement around the corner onto 102nd Place W.   Item 9.3       Packet pg. 251/302   Item 9.3       Packet pg. 251/302 The Planning Board held a public hearing on September 9, 2026, and confirmed their recommendation as described above. In support of their recommendation, the Planning Board found that NCH zoning better aligns the four parcels with the adjoining Westgate Neighborhood Center and restores their historical relationship to the larger Westgate mixed-use area. The Board also found that NCH provides a more complete framework than BP zoning for building placement, active frontages, pedestrian connections, design, amenity space, parking location, and transitions to adjoining low-density residential properties (Attachment 1). The Board further found that the Edmonds Way frontage has a stronger relationship to the Westgate commercial corridor than the frontage along 102nd Place W. Accordingly, the recommendation extends the ground-floor commercial requirement along Edmonds Way while preserving greater flexibility along 102nd Place W. RECOMMENDATION: Take public testimony on the proposed Future Land Use and Zoning map updates. BUDGET IMPACTS: There is no direct budget impact associated with the proposed Comprehensive Plan and zoning map amendments. ITEM HISTORY: October 28, 2025: City Council adopted Ordinance No. 4411 establishing interim BP zoning for the four parcels and directing that permanent designations be considered through the 2026 Comprehensive Plan docket. August 12, 2026: Planning Board reviewed the proposed amendments and provided direction regarding NCH zoning and application of the ground-floor commercial requirement. The Board voted 6-0 in support of NCH designation and 5-1 to extend the ground-floor commercial requirement along Edmonds Way without wrapping onto 102nd Place West. September 9, 2026: Planning Board held a public hearing and approved its recommendation to City Council. September 22, 2026: Council received the Planning Board’s recommendation. After some discussion, Council indicated general agreement with the proposed approach. ADDITIONAL INFORMATION: These amendments are being processed as part of the 2026 Comprehensive Plan docket, including required state agency and environmental review prior to final City Council action. Final action will take place in December 2026, together with other items in the 2026 Comprehensive Plan docket. ATTACHMENTS:   Item 9.3       Packet pg. 252/302   Item 9.3       Packet pg. 252/302 Attachment 1 – Planning Board Findings, Conclusions, and Recommendation Attachment 2 – Proposed Future Land Use Maps, Zoning Map, and Commercial Ground Floor Illustration Attachment 3 – Ordinance No. 4411 Attachment 4 – Excerpt from Planning Board Aug. 12 meeting minutes   Item 9.3       Packet pg. 253/302   Item 9.3       Packet pg. 253/302 2026 Comprehensive Plan and Zoning Map Amendments Planning Board Findings, Conclusions, and Recommendation Findings FUTURE LAND USE MAP Existing Proposed NCH   Item 9.3       Packet pg. 256/302   Item 9.3       Packet pg. 256/302 ZONING MAP Existing Proposed NCH   Item 9.3       Packet pg. 257/302   Item 9.3       Packet pg. 257/302 NCH Zone New parcels proposed for rezone Ground Floor Commercial Overlay WESTGATE NEIGHBORHOOD CENTER   Item 9.3       Packet pg. 258/302   Item 9.3       Packet pg. 258/302   Item 9.3       Packet pg. 259/302   Item 9.3       Packet pg. 259/302   Item 9.3       Packet pg. 260/302   Item 9.3       Packet pg. 260/302   Item 9.3       Packet pg. 261/302   Item 9.3       Packet pg. 261/302 for Scott Passey   Item 9.3       Packet pg. 262/302   Item 9.3       Packet pg. 262/302   Item 9.3       Packet pg. 263/302   Item 9.3       Packet pg. 263/302   Item 9.3       Packet pg. 264/302   Item 9.3       Packet pg. 264/302   Item 9.3       Packet pg. 265/302   Item 9.3       Packet pg. 265/302   Item 9.3       Packet pg. 266/302   Item 9.3       Packet pg. 266/302 Planning Board Meeting Minutes August 12, 2026 Page 2 of 5 AUDIENCE COMMENTS None. UNFINISHED BUSINESS Land use zoning map for Westgate neighborhood. Discussion addressing the zoning map for the Westgate neighborhood, and updating the future land use map (FLUM) for four parcels. The board voted to designate these parcels as NCH, citing better design standards and aligning with adjacent NCH. Summary Four parcels at the west side of the Westgate Neighborhood Center that had been WMU, then temporarily zoned BP, needed a permanent designation on the future land use map (FLUM) and zoning. ACTION: Designate the four parcels that used to be Westgate Mixed Use (WMU) as Neighborhood Center Hub (NCH) on the FLUM. Moved: Nick Maxwell Second: Stephen Li Result: Passed 6-0 Follow up to previous motion, decide whether ground floor commercial should be required along Edmonds Way for the newly designated NCH parcels. Some concern raised by Nick Maxwell about restricting the option of ground-floor residential vs. commercial; he preferred flexibility rather than a mandate. Clarification made that this ties to the major pedestrian corridor designation but is not automatic without this motion. ACTION: Extend the ground floor commercial requirement on Edmonds Way through the newly adopted NCH area, only along Edmonds Way, approximately to 102nd Place West, and not wrapping around 102nd. Moved: Jon Milkey Second: Lee Hankins Result: Passed 5-1 NEW BUSINESS 1. 2025 and 2026 Washington State Legislative updates and UDC programs. Andy Artze, Senior Planner, led the discussion and made recommendations to the Planning Board for future action.  Update the ECBC and related subdivision and zoning regulations to comply with HB 1096 on lot splits, clarifying how lot splits relate to unit-lot subdivisions and addressing title ownership and parcel issues.  Review and update zoning and subdivision regulations to implement SB 5148 (Housing Accountability Act), including confirming that affordable housing covenants/deed restrictions meet Commerce   Item 9.3       Packet pg. 267/302   Item 9.3       Packet pg. 267/302 City Council Agenda Item 9.4 October 13, 2026 - Regular Meeting TITLE:Presentation &Public Hearing on Property Taxes (First Reading) DEPARTMENT:Finance PRESENTER:Kisha Post NEEDED FROM COUNCIL:Informational RECOMMENDATION: Finance will present information on the Property Tax Levy and there will be opportunity for public comment. BUDGET: Total Dollar Amount:$64,964.13 ☒ Proposed 2027-28 Biennial Budget Fund(s):General Fund (001)☐ Budget Reallocation Required ☐ No Budget Impact PROBLEM/ISSUE STATEMENT: Tonight's presentation will provide important information regarding the city's property taxes, offering context to assist in making informed budget decisions for the 2027-2028 biennium. This is the only required public hearing on the topic. We will review and discuss the material, with draft ordinances prepared. CONTEXT, ANALYSIS, & ALTERNATIVES: RECOMMENDATION: BUDGET IMPACTS: Property Taxes are 22% of the General Fund (001) annual revenue. Increasing the property tax levy to the maximum allowable amount would increase revenues to support general city services. The proposed ordinance increase includes the 2026 total levy ($11,662,336.32), and the increase of 1% of the total 2026 levy ($116,623.36). ITEM HISTORY: The Property Tax Levy is reviewed annually starting with the public hearing and presentation offered in this meeting. ADDITIONAL INFORMATION: ATTACHMENTS:   Item 9.4       Packet pg. 268/302   Item 9.4       Packet pg. 268/302 1. Property Tax Presentation 2. Draft Property Tax Ordinance with the 1% Levy increase   Item 9.4       Packet pg. 269/302   Item 9.4       Packet pg. 269/302 ORDINANCE NO. ____ AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, PROVIDING FOR THE ANNUAL TAX LEVY BY INCREASING THE REGULAR PROPERTY TAX LEVY AT 101% OF THE CURRENT LEVY LIMIT. WHEREAS, the City Council and the City of Edmonds has met and considered its budget for the 2027-2028 biennium; and WHEREAS, the City’s actual levy for the previous year was $11,713,995.55 for the regular property levy; and WHEREAS, the population of this district is greater than 10,000; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, AS FOLLOWS: Section 1. An increase in the regular property tax levy is hereby authorized for the levy to be collected in the 2027 tax year. The dollar amount of the increase over the actual levy amount from the previous year shall be $64,964.13, which is a percentage increase of .55% from the previous year. This increase is exclusive of additional revenue resulting from new construction, improvements to property, newly constructed wind turbines, solar, biomass, and geothermal facilities, and any increase in the value of state assessed property, any annexations that have occurred and refunds made.   Item 9.4       Packet pg. 270/302   Item 9.4       Packet pg. 270/302 Section 2. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 3. Effective Date. This ordinance, being an exercise of a power 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/AUTHENTICATE: CITY CLERK, LUKE LONIE APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY JEFF TARADAY FILED WITH THE CITY CLERK:INSERT DATE PASSED BY THE CITY COUNCIL:INSERT DATE PUBLISHED:INSERT DATE   Item 9.4       Packet pg. 271/302   Item 9.4       Packet pg. 271/302 EFFECTIVE DATE:INSERT DATE ORDINANCE NO:XXXX   Item 9.4       Packet pg. 272/302   Item 9.4       Packet pg. 272/302 SUMMARY OF ORDINANCE NO. ____ of the City of Edmonds, Washington On the ____ day of ________, 2026, 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, PROVIDING FOR THE ANNUAL TAX LEVY BY INCREASING THE REGULAR PROPERTY TAX LEVY AT 101% OF THE CURRENT LEVY LIMIT. The full text of this Ordinance will be mailed upon request. DATED this ____ day of _______, 2026. CITY CLERK, LUKE LONIE   Item 9.4       Packet pg. 273/302   Item 9.4       Packet pg. 273/302 Property Tax Presentation for the 2027 Edmonds City Budget Kisha Post, Finance City Council Meeting October 13, 2026   Item 9.4       Packet pg. 274/302   Item 9.4       Packet pg. 274/302 Presentation & Public Hearing on Property Taxes Why are we having this presentation? 1 Edmonds City Council October 13, 2026 RCW 84.55.120 States that we must “hold a public hearing on revenue sources for the district’s following year’s current expense budget.” (General Fund 001) What is the purpose? Property Taxes make up about 22% of General Fund (001) budget, excluding transfers. One significant purpose of this presentation is to give you context when decide whether to increase our property tax levies by 1%.   Item 9.4       Packet pg. 275/302   Item 9.4       Packet pg. 275/302 General Fund (001) Revenues by Type Retail Sales Taxes 23% Property Taxes 22%, $11.8MUtility Taxes 21% Interfund Service Charges 10% Fines & Forfeitures 6% Charges for Goods & Services Other Sales Taxes 4% Licenses/Permits/Franchise 4% State Revenues 2% Miscellaneous Revenues 1% Other Taxes 1% Presentation & Public Hearing on Property Taxes 2 Edmonds City Council October 13, 2026   Item 9.4       Packet pg. 276/302   Item 9.4       Packet pg. 276/302 Snohomish County 2026 Levy Rates Edmonds City Council September 4, 2026 Presentation & Public Hearing on Property Taxes 3 Edmonds City Council October 13, 2026 Sn o h o m i s h Lak e S t e v e n s Su l t a n Mil l C r e e k Arl i n g t o n Eve r e t t Sta n w o o d Go l d B a r Un i n c o r p o r a t e d A r e a Bo t h e l l Lyn n w o o d Mo u n t l a k e T e r r a c e Edm o n d s Mo n r o e Bri e r Mu k i l t e o Ma r y s v i l l e Wo o d w a y Gra n i t e F a l l s Da r r i n g t o n Ind e x $0.00 $2.00 $4.00 $6.00 $8.00 $10.00 $12.00 2026 Tax Levy Rate Source: Snohomish County Assessor’s 2026 Annual Report, page 30   Item 9.4       Packet pg. 277/302   Item 9.4       Packet pg. 277/302 Property Tax Revenue Edmonds City Council September 4, 2026 Presentation & Public Hearing on Property Taxes 4 Edmonds City Council October 13, 2026 Schools Local, 35% Schools State, 28% Fire, 15% City, 9% County, 6% Library, 4% Transit, 2%Port, 1%Hospital, 1%   Item 9.4       Packet pg. 278/302   Item 9.4       Packet pg. 278/302 Property Tax Revenue Edmonds City Council September 4, 2026 Presentation & Public Hearing on Property Taxes 5 Edmonds City Council October 13, 2026   Item 9.4       Packet pg. 279/302   Item 9.4       Packet pg. 279/302 What is being proposed? Edmonds City Council September 4, 2026 Presentation & Public Hearing on Property Taxes 6 Edmonds City Council October 13, 2026 Levy with out Increase Levy with 1% Increase Current Property Tax Levy $11,662,336 $11,662,336 1% Levy Increase 0 $116,623.36 New Construction $27,978 $27,978 Banked Capacity 0 0 Other Assessor Adjustments $63,231 $63,231 Estimated Levy for 2027 $11,753,545 $11,870,169   Item 9.4       Packet pg. 280/302   Item 9.4       Packet pg. 280/302 Senior Citizen / Disabled Persons Exemption 2027 Tax Edmonds City Council September 4, 2026 Presentation & Public Hearing on Property Taxes 7 Edmonds City Council October 13, 2026 Source: County Assessor website Senior Citizens and People with Disabilities | Snohomish County, WA - Official Website (snohomishcountywa.gov) Stats Income Level Amount of Reduction Level 1 $0 to $68,000 Exempt from excess levies (ie: local school levies) and Part 2 of the state School Levy imposed under RCW 84.52.065(2), plus a reduction of assessed value of 60% or $60,000, whichever is greater. Level 2 $68,001 to $79,000 Exempt from excess levies and Part 2 of the state school levy imposed under RCW 84.52.065(2), plus a reduction of assessed value of 35% or $50,000, whichever is greater, not to exceed $70,000. Level 3 $79,001 to $91,000 Exempt from excess levies and Part 2 of the state school levy imposed under RCW 84.52.065(2).   Item 9.4       Packet pg. 281/302   Item 9.4       Packet pg. 281/302 Next Steps Edmonds City Council September 4, 2026 Presentation & Public Hearing on Property Taxes 8 Edmonds City Council October 13, 2026 Tonight: 1.Open Public Hearing 2.Accept Comments 3.Close Public Hearing After the Public Hearing, Council needs to discuss the alternatives and decide on 0% or 1% increase on the Regular Levy. This will be scheduled at a later date.   Item 9.4       Packet pg. 282/302   Item 9.4       Packet pg. 282/302 City Council Agenda Item 10.1 October 13, 2026 - Regular Meeting TITLE:Extension of Interim Landmark Tree Ordinance, File No. AMD2025-0006 (Fifth Reading and Beyond) DEPARTMENT:Planning and Development Services PRESENTER:Deb Powers NEEDED FROM COUNCIL:Action RECOMMENDATION:Move to approve an ordinance of the City of Edmonds, Washington, extending by another six months the interim regulation established by Ordinance 4389 to prohibit the removal of certain landmark trees. BUDGET: Total Dollar Amount:0 ☐ Approved in Budget Fund(s):N/A ☐ Budget Reallocation Required ☒ No Budget Impact PROBLEM/ISSUE STATEMENT: A public hearing is scheduled on October 13, 2026 to take public testimony on a proposed interim ordinance extending landmark tree protections for six months, while the City Council considers permanent tree protections with amendments to Edmonds Development Code Chapter 17.130. CONTEXT, ANALYSIS, & ALTERNATIVES: This agenda item is for the purpose of extending Ordinance No. 4433 effectiveness by six months, as allowed by RCW 36.70.795, based on the findings of fact stated in Resolution 1471, subsections 1A, 1B, and 1C, and the whereas clauses of the interim ordinance, consistent with the City’s 2023 Climate Action Plan and 2019 Urban Forest Management Plan. Additional context, analysis and alternatives are outlined under the related public hearing agenda item. RECOMMENDATION: Move to approve an ordinance of the City of Edmonds, Washington, extending by another six months the interim regulation established by Ordinance 4389 to prohibit the removal of certain landmark trees. BUDGET IMPACTS: N/A ITEM HISTORY: Complete item history is provided under the related public hearing agenda item. ADDITIONAL INFORMATION:   Item 10.1       Packet pg. 283/302   Item 10.1       Packet pg. 283/302 N/A ATTACHMENTS: 1. Proposed Ordinance   Item 10.1       Packet pg. 284/302   Item 10.1       Packet pg. 284/302 ORDINANCE NO. ____ AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, EXTENDING BY ANOTHER SIX MONTHS THE INTERIM REGULATION ESTABLISHED BY ORDINANCE 4389 TO PROHIBIT THE REMOVAL OF CERTAIN LANDMARK TREES. WHEREAS, the city council adopted Ordinance 4217 on March 2, 2021, establishing an interim regulation to temporarily prohibit the removal of certain landmark trees; and WHEREAS, the city council adopted Resolution 1471 on April 27, 2021, adopting findings of fact to justify the earlier adoption of the interim ordinance and extending its effectiveness until September 2, 2021; and WHEREAS, Ordinance 4217 was intended to be temporary while the city continued work on drafting permanent revisions to the tree code; and WHEREAS, Ordinance 4217 was not renewed or extended after it expired on September 2, 2021; and WHEREAS, the tree code amendments that were contemplated in 2021 were delayed due to various staffing changes and reductions in the planning and development department and the need to prioritize the periodic update of the comprehensive plan; and WHEREAS, the 2023 Climate Action Plan, adopted on March 21, 2023, via Resolution 1518, reinforces the importance of protecting and maintaining the city’s tree canopy; and   Item 10.1       Packet pg. 285/302   Item 10.1       Packet pg. 285/302 WHEREAS, the city council would like to renew the effort to protect landmark trees in conjunction with its ongoing development code update, which arises from the recently adopted periodic update to the city’s comprehensive plan; and WHEREAS, this ordinance will provide temporary protection to trees that have a diameter at breast height of thirty inches or more; and WHEREAS, the city council established an interim regulation and adopted a work plan with Ordinance 4389; and WHEREAS, the city council extended the interim regulation for six months with Ordinance 4433, which was adopted on April 21, 2026; and WHEREAS, the planning board has subsequently held a public hearing on the proposed tree code amendments and made a recommendation to the city council; and WHEREAS, the council needs additional time to complete the work on the landmark tree regulations and the tree code more generally; and WHEREAS, while that work is being done, the city council desires to extend the interim regulation for another six months with this ordinance; and WHEREAS, on October 13, 2026, the city council held a public hearing on the extension of this interim regulation; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS DOES ORDAIN AS FOLLOWS: Section 1. Extended Duration of Interim Regulations. The interim regulations adopted by Ordinance 4389 are hereby given extended effectiveness and shall not terminate until six months after the effective date of this ordinance, unless it is repealed sooner.   Item 10.1       Packet pg. 286/302   Item 10.1       Packet pg. 286/302 Section 2. Findings of Fact. The city council hereby incorporates by reference and adopts the following as its findings of fact to justify the adoption of this ordinance: 1) the findings stated in subsections 1A, 1B, and 1C of Resolution 1471; 2) the whereas clauses of this ordinance and Ordinance 4433; and 3) the agenda memo that accompanies this ordinance in the council packet. In addition, the city council finds that this initial step to protect landmark trees is consistent with the city’s 2023 Climate Action Plan and 2019 Urban Forest Management Plan. Section 3. 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 4. 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/AUTHENTICATE: CITY CLERK, LUKE LONIE   Item 10.1       Packet pg. 287/302   Item 10.1       Packet pg. 287/302 APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY JEFF TARADAY FILED WITH THE CITY CLERK:INSERT DATE PASSED BY THE CITY COUNCIL:INSERT DATE PUBLISHED:INSERT DATE EFFECTIVE DATE:INSERT DATE ORDINANCE NO:XXXX   Item 10.1       Packet pg. 288/302   Item 10.1       Packet pg. 288/302 SUMMARY OF ORDINANCE NO. ____ of the City of Edmonds, Washington On the ____ day of ________, 2026, 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, EXTENDING BY ANOTHER SIX MONTHS THE INTERIM REGULATION ESTABLISHED BY ORDINANCE 4389 TO PROHIBIT THE REMOVAL OF CERTAIN LANDMARK TREES. The full text of this Ordinance will be mailed upon request. DATED this ____ day of _______, 2026. CITY CLERK, LUKE LONIE   Item 10.1       Packet pg. 289/302   Item 10.1       Packet pg. 289/302 City Council Agenda Item 10.2 October 13, 2026 - Regular Meeting TITLE:Short Plat Vacation Interim Ordinance (Second Reading) DEPARTMENT:Planning and Development Services PRESENTER:Mike Clugston NEEDED FROM COUNCIL:Action RECOMMENDATION:Adopt the attached interim ordinance and work plan. Set the required public hearing for November 10, 2026. BUDGET: Total Dollar Amount:0 ☐ Approved in Budget Fund(s):0 ☐ Budget Reallocation Required ☒ No Budget Impact PROBLEM/ISSUE STATEMENT: A request was made by an Edmonds property owner in August 2026 about how to vacate a recent short subdivision of land. The owner now has no desire to complete the project and wants the approximately $200,000 civil subdivision improvement bond to be returned (such bonds are a standard part of the short plat process required by the City). The effect of the vacation process would be that the two lots created by the short plat would revert back to the original parent parcel layout and the property owner could then receive a bond refund. Staff examined the subdivision code in Chapter 20.75 of the Edmonds Community Development Code (ECDC) and found that there was no process to vacate short plats. The proposed interim ordinance would create such a process for short plats, specifically for those that did not require public dedication like the one mentioned above. CONTEXT, ANALYSIS, & ALTERNATIVES: This is the first time staff has received a request to vacate a short plat. RCW 58.17.060 indicates that cities must have a process for short plat vacation; in this case, that process can be created quickly through a one-year interim ordinance (Attachment 1). The benefit of the interim ordinance is that it will allow time for additional analysis of RCW 58.17 (the state subdivision statute), ECDC 20.75, and recent legislative mandates for lot splits and unit lot subdivisions that must be addressed by mid-2027, as described in the required work plan (Attachment 2). A more comprehensive update to ECDC 20.75 would result. RECOMMENDATION: Adopt the attached interim ordinance and work plan. Set the required public hearing for November 10, 2026. BUDGET IMPACTS:   Item 10.2       Packet pg. 290/302   Item 10.2       Packet pg. 290/302 None ITEM HISTORY: This topic was introduced to the PSPHSP Committee on September 15, who moved it for full Council consideration. ADDITIONAL INFORMATION: A related piece of code clean up is proposed in the interim ordinance, which would clarify the timing of certain subdivision submittals. ECDC 20.75.155.A would be changed to state that final plat applications can be made only after civil subdivision plans are approved, rather than after civil plans are submitted. ATTACHMENTS: Attachment 1 – Interim Short Plat Vacation Ordinance Attachment 2 – Work Plan   Item 10.2       Packet pg. 291/302   Item 10.2       Packet pg. 291/302 ORDINANCE NO. ____ AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ESTABLISHING AN INTERIM REGULATION TO PROVIDE FOR THE VACATION OF SHORT PLATS WITHOUT DEDICATION AS A TYPE I STAFF DECISION, TEMPORARILY AMENDING CHAPTERS 20.75 AND 20.03 ECDC. WHEREAS, chapter 20.75 ECDC governs subdivisions within the City, including short plats and formal subdivisions, but does not currently establish a specific process or decision criteria for the vacation of recorded short plats; and WHEREAS, RCW 58.17.060 requires cities to adopt regulations and procedures for administrative review and approval of short plats and short subdivisions and their alteration or vacation; and RCW 58.17.212 provides for the vacation of subdivisions and requires a public hearing before the legislative body of the city, but this process was designed for formal subdivisions that may involve dedications of streets, rights-of-way, or other public lands and interests, and is disproportionate to the vacation of a short plat that involves no such dedication; and WHEREAS, the City's subdivision processes no longer routinely involve City Council decisions; the Hearing Examiner is involved only in preliminary formal plat decisions; and staff approves preliminary short plats, civil reviews, and final plats for both short and formal subdivisions; and   Item 10.2       Packet pg. 292/302   Item 10.2       Packet pg. 292/302 WHEREAS, RCW 58.17.140(2) provides that short plat approval is to be summary in nature, with a decision issued within thirty days of a determination of completeness, reflecting the Legislature's intent that short plats receive streamlined administrative processing; and WHEREAS, the City's existing code at ECDC 20.75.110.B provides that an application to change a final plat that has been filed for record shall be processed in the same manner as a new application, but it is unclear whether this provision was also intended to apply to short plats or intended to apply to a vacation as opposed to an alteration, and the City Council finds that applying the full new-application process is not necessary for a vacation of a short plat without dedication; and WHEREAS, ECDC 20.03.003.C.3 provides that for a plat alteration or a plat vacation, notice shall be as provided in RCW 58.17.080 and 58.17.090, but the City Council finds that these notice requirements are not necessary for the vacation of a short plat where no dedication of public lands or interests is being vacated and no public rights are affected; and WHEREAS, the vacation of a short plat that does not include any dedication of streets, rights-of-way, easements, or other public lands or interests is a private matter among the lot owners that does not diminish or extinguish any public right, and accordingly may be appropriately processed as a ministerial Type I staff decision; and WHEREAS, the existing language in ECDC 20.75.155.A creates confusion regarding the timing of submittal of final short plat applications, indicating that a final short plat application can be submitted before the related subdivision civil plans are approved rather than after they are approved as would be expected; and   Item 10.2       Packet pg. 293/302   Item 10.2       Packet pg. 293/302 WHEREAS, the City intends to undertake a comprehensive update of chapter 20.75 ECDC by mid-2027 to address lot splits, vacations, and other topics, and this interim regulation is intended to provide a clear and legally sound process for short plat vacations without dedication pending completion of that permanent code update; and WHEREAS, RCW 36.70A.390 authorizes the City to adopt an interim official control, provided that a public hearing is held within at least sixty days if the control is adopted without a prior public hearing, and further provides that such controls may be effective for up to six months unless extended or renewed as provided by law; and WHEREAS, the City Council finds that an interim official control establishing a process for the vacation of short plats without dedication is necessary for the immediate preservation of the public welfare, because the absence of a clear process creates uncertainty for applicants and staff and may result in inconsistent or legally vulnerable decisions; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS DOES ORDAIN AS FOLLOWS: Section 1. Purpose. The purpose of this interim regulation is to establish a clear and efficient process for the vacation of recorded short plats that do not include any dedication of streets, rights-of-way, easements, or other public lands or interests. This interim regulation provides a ministerial review pathway consistent with the summary nature of short plat review under RCW 58.17.140(2), while ensuring that vacation decisions satisfy objective criteria consistent with applicable state law. Section 2. Applicability. This interim regulation applies only to applications for the vacation of an entire recorded short plat where no dedication of streets, rights-of-way, easements, or other public lands or interests was made as part of the short plat. This interim   Item 10.2       Packet pg. 294/302   Item 10.2       Packet pg. 294/302 regulation does not apply to: (a) the vacation of a formal subdivision; (b) the vacation of a short plat that includes any dedication; (c) the alteration, as opposed to vacation, of a recorded short plat or subdivision; or (d) any application for which a different process is required by state law. Section 3. ECDC 20.75.115 Established. A new section, ECDC 20.75.115, entitled "Vacation of short plats without dedication," is hereby established on an interim basis to read as follows (new text shown in underline): 20.75.115 Vacation of short plats without dedication. A. Authority. This section establishes the process for vacation of a recorded short plat that does not include any dedication of streets, rights-of-way, easements, or other public lands or interests. A vacation under this section reconsolidates the lots within the short plat to the lot configuration that existed prior to recording of the short plat. B. Application Requirements. An application to vacate a short plat under this section shall include: 1. A completed application on a form provided by the city, together with the applicable fee; 2. A title report, dated within thirty days of application submittal, for all lots within the short plat; 3. A survey map prepared by a surveyor licensed in the state of Washington showing the proposed reconsolidation of lots to the prior lot configuration; 4. Written consent of all owners of lots within the short plat, as identified in the title report; 5. A narrative statement describing the basis for the vacation request; and 6. Any additional information reasonably determined by the director to be necessary to evaluate the application, limited to information directly relevant to the criteria in subsection D of this section. C. Decision Type. An application for vacation of a short plat under this section shall be processed as a Type I staff decision according to ECDC 20.01.   Item 10.2       Packet pg. 295/302   Item 10.2       Packet pg. 295/302 D. Decision Criteria. The director or designee shall approve an application for vacation of a short plat under this section upon finding that all of the following criteria are satisfied: 1. The short plat proposed to be vacated does not include any dedication of streets, rights- of-way, easements, or other public lands or interests; 2. All owners of lots within the short plat, as shown in the title report, have provided written consent to the vacation; 3. The parcel or parcels resulting from the vacation will conform to the minimum lot area, lot width, lot depth, and other dimensional standards of the applicable zoning district; 4. The vacation will not cause any existing structure or improvement to violate applicable setback, lot coverage, height, or other development standards of the Edmonds Community Development Code; 5. All property taxes, assessments, and fees relating to the lots within the short plat are current and not delinquent; and 6. The vacation will not extinguish or materially impair any recorded easement or public or private utility service serving other properties. E. Recording. Upon approval of a vacation under this section, the applicant shall record the approved survey map and any documents required by the director with the Snohomish County Auditor. The vacation shall not be effective until the approved documents have been recorded. F. Relationship to Other Provisions. This section provides the exclusive process for the vacation of short plats without dedication. The provisions of ECDC 20.75.110.B shall not apply to vacations processed under this section. Section 4. Interim Amendment to ECDC 20.75.155.A. During the effective period of this ordinance, ECDC 20.75.155.A is amended to read as follows (deleted text shown in strikeout): “Submission. The applicant may not file the final plat for review until the required improvement plans have been approved by submitted for approval to the director of public works.” Section 5. Interim Amendment to ECDC 20.03.003.C.3. During the effective period of this ordinance, ECDC 20.03.003.C.3 is amended to read as follows (new text shown in underline):   Item 10.2       Packet pg. 296/302   Item 10.2       Packet pg. 296/302 "For a plat alteration or a plat vacation, notice shall be as provided in RCW 58.17.080 and 58.17.090. This notice requirement shall not apply to the vacation of a short plat processed as a Type I decision under ECDC 20.75.115." Section 6. Duration of Interim Regulations. As long as the City holds a public hearing on the interim regulations, the interim regulations shall not terminate until six months after the effective date of this ordinance, unless it is repealed sooner. Section 7. 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 November 10, 2026, unless the city council, by subsequently adopted resolution, provides for a different hearing date. Section 8. Findings of Fact. The city council hereby adopts the recitals above as its findings of fact justifying the adoption of this ordinance. Section 9. 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 10. 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   Item 10.2       Packet pg. 297/302   Item 10.2       Packet pg. 297/302 ATTEST/AUTHENTICATE: CITY CLERK, LUKE LONIE APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY JEFF TARADAY FILED WITH THE CITY CLERK:INSERT DATE PASSED BY THE CITY COUNCIL:INSERT DATE PUBLISHED:INSERT DATE EFFECTIVE DATE:INSERT DATE ORDINANCE NO:XXXX   Item 10.2       Packet pg. 298/302   Item 10.2       Packet pg. 298/302 SUMMARY OF ORDINANCE NO. ____ of the City of Edmonds, Washington On the ____ day of ________, 2026, 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 TO PROVIDE FOR THE VACATION OF SHORT PLATS WITHOUT DEDICATION AS A TYPE I STAFF DECISION, TEMPORARILY AMENDING CHAPTERS 20.75 AND 20.03 ECDC. The full text of this Ordinance will be mailed upon request. DATED this ____ day of _______, 2026. CITY CLERK, LUKE LONIE   Item 10.2       Packet pg. 299/302   Item 10.2       Packet pg. 299/302 Work Plan for Updating the Subdivision Code for Vacations and Related Elements Analyze RCW 58.17 for short plat and formal subdivision vacation language for projects that have a public dedication Analyze RCW 58.17 for language regarding short plat and formal subdivision alterations Analyze all portions of ECDC 20.75 (Subdivisions) for consistency with RCW 58.17 Analyze the requirements of HB 1096 (2025), state mandate on lot splits, which is required to be adopted by July 2027 Analyze the requirements of SB 5559 (2025), state mandate on unit lot subdivision processes, which is required to be adopted by June 2027 Study any further subdivision process changes at the state level which may come out of the 2027 legislative session Using the previous analyses, take draft subdivision code language in ECDC 20.75 to Planning Board for work and recommendation (March – April 2027) Take draft language to Council for review and adoption (May – June 2027)   Item 10.2       Packet pg. 300/302   Item 10.2       Packet pg. 300/302 City Council Agenda Item 10.3 October 13, 2026 - Regular Meeting TITLE:Department Budget Discussions (Second Reading) DEPARTMENT:Mayor's Office PRESENTER:Mayor Rosen NEEDED FROM COUNCIL:Informational RECOMMENDATION:Mayor, City Administrator, and Department Directors will be available to engage in conversation and answer initial questions on the proposed 2027-2028 Biennial Budget. BUDGET: Total Dollar Amount:$305M ☒ Proposed 2027-28 Biennial Budget Fund(s):All Funds ☐ Budget Reallocation Required ☐ No Budget Impact PROBLEM/ISSUE STATEMENT: CONTEXT, ANALYSIS, & ALTERNATIVES: This proposed budget presented to City Council and to the public adheres to the standards of the Government Financial Officers Association (GFOA), State Auditor’s Office (SAO), Generally Accepted Accounting Principles (GAAP), the Revised Code of Washington (RCW), and the Edmonds Municipal Code (EMC) RECOMMENDATION: Mayor, City Administrator, and Department Directors will be available to engage in conversation and answer initial questions on the proposed 2027-2028 Biennial Budget. BUDGET IMPACTS: The proposed 2027-2028 Biennial Budget impacts all revenues and expenditures for all funds. ITEM HISTORY: Council Budget Retreats took place on May 30, July 8 and September 11. Mayor Rosen presented the proposed 2027-2028 Biennial Budget to Edmonds City Council and the public on Monday, October 5. Mayor Rosen Briefed Council on select components of the proposed 2027-2028 Biennial Budget. ADDITIONAL INFORMATION:   Item 10.3       Packet pg. 301/302   Item 10.3       Packet pg. 301/302 The Mayor’s Proposed 2027-2028 Biennial Budget is posted and can be found on the city website on the Finance page under Budget Reports at the following link: https://www.edmondswa.gov/government/departments/finance/budget_reports ATTACHMENTS: None   Item 10.3       Packet pg. 302/302   Item 10.3       Packet pg. 302/302