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2019-05-14 City Council - Full Agenda-23443. u� Of EYMo�o Agenda .' Edmonds City Council n Hy° COUNCIL CHAMBERS 250 5TH AVE NORTH, EDMONDS, WA 98020 MAY 14, 2019, 7:00 PM COUNCIL COMMITTEE MEETINGS ARE WORK SESSIONS FOR THE CITY COUNCIL AND STAFF. THE MEETINGS ARE OPEN TO THE PUBLIC BUT ARE NOT PUBLIC HEARINGS; PUBLIC COMMENT IS NOT TAKEN AT COMMITTEE MEETINGS. THE COMMITTEES MEET CONCURRENTLY IN SEPARATE ROOMS AS INDICATED BELOW. PARKS AND PUBLIC WORKS COMMITTEE (COUNCIL CHAMBER) 1. Edmonds Chamber of Commerce Special Event Contracts (4th of July, Taste & Car Show) (10 min) 2. ILA Snohomish County Civic funding (10 min) 3. Presentation of a Supplemental Agreement with BHC Consultants for the Dayton Street Utility Replacement Project (10 min) 4. Briefing of the 2020-2025 Six -Year Transportation Improvement Program (10 min) 5. Presentation of the Traffic Impact Fee Annual Report (10 min) 6. Presentation of a Supplemental Agreement with Louis Berger for the Dayton Street Pump Station Project (10 min) 7. Waterfront Redevelopment Project Bid Report & Award (30 min) 8. ILA Snohomish County Amendment 1 Extension of waterfront redevelopment (10 min) 9. Presentation of a 10ft Dedication along 72nd Ave W adjacent to 17606 72nd Ave W (10 min) 10. Report on Bids for the 238th St. SW Island Improvements and Pedestrian Curb Ramp Barrier Removals (10 min) 11. Presentation of a Supplemental Agreement with Blueline for Construction Management Services (10 min) 12. Utility Easement for the Dayton St Pump Station Project (10 min) 13. Authorization to Purchase - 2019 Cues Sewer Video Inspection Truck (5 min) FINANCE COMMITTEE (JURY MEETING ROOM) 1. Business License Code Update Ordinance (10 min) 2. 2019 Hourly Employee positions (10 min) 3. Approval of Resources for Housing Commission (15 min) 4. March 2019 Quarterly Financial Report (10 min) 5. Safety & Disaster Coordinator position (10 min) PLANNING, PUBLIC SAFETY, AND PERSONNEL COMMITTEE (POLICE TRAINING ROOM) 1. 2019 Hourly Employee positions (10 min) 2. Approval of Resources for Housing Commission (15 min) 3. Safety & Disaster Coordinator position (10 min) 4. Job Description Change, Senior Street Maintenance Worker -Cement Finisher (10 min) Edmonds City Council Agenda May 14, 2019 Page 1 1.1 City Council Agenda Item Meeting Date: 05/14/2019 Edmonds Chamber of Commerce Special Event Contracts (4th of July, Taste & Car Show) Staff Lead: Shannon Burley Department: Parks, Recreation & Cultural Services Preparer: Shannon Burley Background/History Each year the Council reviews special event contracts for the City. At this meeting we will present three of the contracts (4th of July, Taste and Car Show). The Market and Arts Festival contracts were previously reviewed and approved. Staff Recommendation It is our recommendation that you review all three contracts (attached) and submit for approval on the following meetings consent agenda. Narrative The Taste and Car Show contracts are very similar to the prior years contracts. The 4th of July contract has one significant change which is the inclusion of the "Beat the Brackett" 5K/1K race. Previously this race (run by the Chamber on the 4th of July) was submitted as a special event through City Hall. Both the Chamber and our internal events team felt it would be less confusing to have them all in one contract. As such the 4th of July Contract represents the Race, Parade and Fireworks. All three contracts have been reviewed by the City Attorney and approved as to form. Changes vs. prior year are as follows: Language in all three contracts have been updated to enforce resolution 1412 (our ban on single use plastic straws/stirrers and single use plastic cutlery) ensuring all vendors provide only certifiable compostable straws, stirrers and cutlery. The contracts each previously enforced resolution 1357 which promotes certifiable compostable food service wares and packaging (this language remains in each contract). In addition, special attention was paid to ensuring the street closure language and maps were updated to reflect current street closure plans and can serve as a viable tool for the Public Works Department. 4th of July contract changes: Addition of the 5k/1k Run/ Walk Stipulation that no parking signs must be laminated and delivered 1 week in advance Addition of Resolution 1412 language Updates to all maps Taste contract changes: Packet Pg. 2 1.1 Updates to contract language to reflect current street closure locations Identification of water access location in contract and on map Addition of Resolution 1412 language Updates to traffic control map Car Show contract changes: Updates to contract language to reflect current street closure locations Language to ensure street marking is temporary, water soluble and environmentally friendly Addition of Resolution 1412 language Updates to traffic control map All remaining changes are not substantive (i.e. date changes, etc.). Attachments: 2019 July 4 Contract FINAL 2019 Taste Contract FINAL 2019 Classic Car Show Contract FINAL Packet Pg. 3 THE CITY OF EDMONDS, WASHINGTON AND GREATER EDMONDS CHAMBER OF COMMERCE FOURTH OF JULY EVENT AGREEMENT Thursday, July 4, 2019 This agreement ("Agreement") is hereby entered into by and between the CITY OF EDMONDS 0 (hereinafter referred to as "City") and the GREATER EDMONDS CHAMBER OF COMMERCE T L (hereinafter referred to as "Chamber") (collectively, the "Parties"). v d WHEREAS, the Chamber proposes to conduct a public celebration honoring Independence Day - 4th of July through a 5k run/walk, parade and fireworks display; and WHEREAS, the City Council finds that it is in the public interest to participate in the sponsorship of such events by providing the consideration set forth in this Agreement in order to enhance the safety of the public celebrations for its citizens and to offer a reasonable alternative to the use of private fireworks which the Council finds in many situations to be unsafe; NOW, THEREFORE, in consideration of the promises, covenants, conditions and performances set forth below, the Parties hereto agree as follows: 1. Responsibilities of the City City shall provide: 1.1 Use of Civic Center Playfield for setup to start at 8:00 a.m. on July 3, 2019; Fireworks to occur at approximately 10 p.m., July 4, 2019. 1.2 Use of City Park and sidewalks along the 5K/1K run/walk route as identified in Exhibit A. Race registration will begin at 7:00 am on July 4, 2019; race will begin at 9:00 am. 1.3 Use of City streets as diagrammed in Exhibit B - Parade Route, for parade to occur on July 4, 2019. City will provide traffic barriers as identified in Exhibit B. 1.4 Use of the City's sound system, to include set up and take down, located at the Edmonds Theater. 1.5 Installation of banners at approved sites. 1.6 Use of 6th Avenue South between Bell Street and Sprague Street from 3:00 p.m. until 11:00 p.m (vendors setup at this location starting at 3:00 p.m.). 1.7 Barricades at 6th Avenue South and Bell, and 6' Avenue South and Sprague. If barricades are not set up by the City by 3:00 pm, the Chamber can move the barricades into the street at 3:00 pm. 1.9 Two signs at each entrance to City Park indicating no fireworks, pets or alcohol allowed. Packet Pg. 4 1.10 Clean up and removal of the sand from the pyrotechnic display area. 1.11 A list of acceptable compostable and recyclable food ware items and of suppliers for the compostable items. The City shall provide signage for the on -site collection containers, and any additional containers, if needed. 3 0 1.12 Marking to indicate the safe distance perimeter from the pyrotechnic staging area, T L where the Chamber will place fencing (230' radius) (See Section 2.7, below). v d 1.13 Pick up, delivery, and return to storage in City Park gazebo and Parks Maintenance area all needed 3' X 10' and 10' X 10' staging sections. 2. Responsibilities of the Chamber 2.1 To assume all responsibility for the Beat Brackett 5K and Baby Brackett 1K, including but not limited to notification to runners that this is an open course and that vehicular traffic may be on the course. Participants should utilize sidewalks where available and must obey all pedestrian laws. Further, Chamber shall ensure a person is posted at each downtown street crossing to assist in keeping participants from interrupting traffic flow. 2.2 To assume all responsibility for coordination of the 4th of July Parade, including but not limited to hiring off -duty police officers to police the route and assuring that all participants are informed of and abide by the parade rules to insure that no participants draw people viewing the parade onto the parade route. 2.3 To obtain the necessary Street Banner Application (from Public Works 425-771- 0235) and Parade Permit (Police Department 425-771-0200). Fees for the preceding two permits will be waived for this event. A Street Use Permit is not needed. Chamber will ensure that pyrotechnic provider submits Application for Fireworks Display Permit accompanied by a public display permit fee (Fire Marshal 425-771-0215). A copy of their State pyrotechnic license shall be provided with their application. The Chamber shall obtain ASCAP and any other copyright licenses necessary. 2.4 To provide for security and sani-cans at the end of the race, along the parade route and near the fireworks display. 2.5 To provide signs one (1) week prior to the event to indicate that chairs cannot be placed early. Signs must be laminated, no exceptions. 2.6 To consult with the City Electrician and Parks Maintenance Manager before installing any electrical service or stakes in the ground. The City Electrician shall have final say in all electrical matters. No ground penetrations are allowed unless authorized first by the City electrician and City Parks Department. Any unauthorized ground penetrations may be subject to fine and/or damage cost recovery from the Chamber. It is not allowed to fasten anything to the Packet Pg. 5 buildings, structures or trees; doing so may result in damage cost recovery and /or fine. City staff will coordinate any utility locates. areas. 2.7 To install fencing that clearly delineates spectator areas from fireworks staging 2.8 To provide ten (10) yards of sand for the pyrotechnic display. 2.9 To assume all responsibility for the fireworks display. A State -licensed pyrotechnics operator shall abide by local ordinances and make necessary permit applications for local approval. State guidelines and operational requirements shall be adhered to for safe operation of fireworks. 2.10 To authorize a maximum of three (3) stationary self-contained vendors on closed sections of 5th or Main Streets off the parade route. No vendors will be authorized along the parade route, and no more than twenty (20) vendors will be authorized on 6th Avenue South between Bell Street and Sprague for the evening fireworks. Vendors shall operate at specified locations and shall not block park entrances or fire hydrants. Vendors must be self-contained; no power hookups are available for vendors. Vendors are responsible for having appropriate permits and for compliance with all local and state requirements. 2.11 To provide a Certificate of Insurance evidencing commercial general liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and $2,000,000 aggregate for personal injury, bodily injury and property damage. City shall be named as an additional insured on the Commercial General Liability insurance policy and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The insurance policy shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. The City shall be named as an insured on the Chamber's General Liability insurance policy. The insurance policy shall contain, or be endorsed to contain that the Chamber's insurance coverage shall be primary insurance. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be in excess of the Chamber's insurance and shall not contribute to it. The Chamber shall provide a certificate of insurance evidencing the required insurance before using the property described herein. Insurance shall be placed with insurers with a current A.M. Best rating of not less than A:VII. 2.12 To restore all public spaces to their original condition, including removing and disposing of any and all litter and trash to the size of a cigarette butt, including metal and litter debris, equipment, and any and all other items made necessary by or used in the provision of this event. 2.13 To comply with First Amendment protections. The Chamber agrees that the 4th of July celebration is a public event. The Chamber further agrees that areas constituting the City - Provided sites that are covered under this Agreement, including but not limited to public right of way, streets, sidewalks, parks, parking lots, gardens, meeting halls and squares, are traditional public forums. As a result, the Chamber shall permit citizens attending events open to the general 3 Packet Pg. 6 public at the City -Provided sites during the 4th of July celebration to exercise therein their protected constitutional right to free speech without interference. 2.14 To comply with Ordinance 3749, which restricts the use of single -use plastic checkout bags. The restrictions do not apply to plastic bags used to carry out cooked food or provided solely for produce, bulk food or meat. The Chamber of Commerce will encourage its vendors to comply with the purposes of the ordinance by utilizing paper bags or encouraging the use of reusable totes whenever practicable. 2.15 To comply with RCW 70.93.093, concerning event recycling. The Chamber will place clearly marked recycling containers throughout the Event area for the collection of aluminum cans, glass and plastic bottles from event participants, and arrange for recycling services. 2.16 To comply with the City's Resolution 1412, which prohibits the use of plastic straws, stirrers and cutlery at public events requiring a contract with the City beginning in 2019. The Chamber will ensure that food vendors at this public event provide only certifiable compostable straws, stirrers and cutlery to event participants. Pursuant to the City's Resolution 1357, the goal of which is to promote the use of certifiable compostable food service wares and packaging, the Chamber will also strongly encourage food vendors at this public event to provide other certifiable compostable food service wares to package and present food to event participants. Aluminum and steel cans, plastic bottles and certain plastic cups that are accepted as recyclable continue to be acceptable for vendor use. When certifiable compostable food service wares and packaging are used, and recyclable containers are offered, event organizers will provide for the on -site collection of compostable and recyclable materials from event participants, using designated color -coded collection containers. Event organizers shall ensure that on -site collection containers are serviced properly and continually during each event. A Chamber representative shall meet with the City's Recycling Coordinator or representative prior to June 29, 2019, in order to be educated on the 3- container system to maximize diversion of compostable and recyclable materials from the garbage. 2.17 To defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits, including attorney fees, arising from or in connection with the Chamber's performance, or nonperformance, of this Agreement, except to the extent that claims, injuries, damages, losses or suits are caused by the sole negligence of the City, its officers, officials, employees or volunteers. This promise to indemnify and hold harmless shall include a waiver by the Chamber of the immunity provided under Title 51 RCW, but only to the extent necessary to fully effectuate this promise. This provision shall survive the termination and/or expiration of this Agreement. 2.18 To comply with Chapter 70.160 RCW (hereinafter the "smoking ban") pursuant to which smoking is prohibited in indoor areas, within 25 feet of vents or entrances and in outdoor areas where public employees of the City, and employees of any vendor at the event or of the contracting organization are required to be. This general description of the provisions of the statute is included for the purpose of reference and is not intended to expand or contract the obligations created by the smoking ban. The Chamber warrants that it will comply with the smoking ban and will utilize the services and advice of the Snohomish County Health District in assuring compliance during the event described in this Agreement. 4 Packet Pg. 7 3. Miscellaneous. 3.1 Entire agreement, integration and amendment. This Agreement contains the entire agreement and understanding between the Parties relating to the rights and obligations created hereby, and supersedes all prior and contemporaneous negotiations, understandings, and agreements, written or oral, between the Parties. Any prior discussions or understandings are 3 deemed merged with the provisions herein. This Agreement shall not be amended, assigned or 0 otherwise changed or transferred except in writing with the express written consent of the Parties T L hereto. Any action to interpret or enforce this Agreement shall be brought before the Superior v Court of Snohomish County, Washington, and the Parties agree that, as between them, all matters shall be resolved in that venue. M 3.2 Force majeure. The Parties shall not be liable for failure to perform or delay in performance due to fire, flood, strike or other labor difficulty, act of God, act of any governmental authority, riot, embargo, fuel or energy shortage, car shortage, wrecks or delays in transportation, or due to any other cause beyond the Parties' reasonable control. In the event of delay in performance due to any such cause, the date of delivery or time for completion will be extended by a period of time reasonably necessary to overcome the effect of such delay. 3.3 Relationship between the Parties. Nothing in this Agreement shall be interpreted to or in fact create an agency or employment relationship between the Parties. No officer, official, agent, employee or representative of the Chamber shall be deemed to be the same of the City for any purpose. The Chamber alone shall be solely responsible for all acts of its officers, officials, agents, employees, representatives and subcontractors during the performance of this Agreement. DATED this day of , 2019. CITY OF EDMONDS: GREATER EDMONDS CHAMBER OF COMMERCE: David O. Earling, Mayor Greg Urban, President and CEO ATTEST/AUTHENTICATED: Scott Passey, City Clerk APPROVED AS TO FORM: Office of the City Attorney Packet Pg. 8 Exhibit A. 5K / 1K Race / Walk Route �¢ y z Bell St Bell St Edmonds le � ENDr Rd aP z Edmonds Kingston ID "° ¢ Main St Main St Main St Ferry Toll Booth 1 � AN z W Dayton St Dayton S[ Qay on St Daylon St Dayton St EDM*NDS a w s KIND OF 4 T" Maple St Maple St w Maple St Alder St -w Alder St Alder St Alder St ny's Honw Porl J Beck Ln Beck Ln b Walnut Si Glrardi•sOsteria o fdrnpnds Kc1sc C� Holly Dr a +� 1° 0Cedar St s� H E Howell way Spruce St ti- 1, T Homeland llf 3 N IP6 a - 9a n y Edmonds City A�fk © y `^ Hemlock way. Hemlock St A s OPp " A Seamon[ Ln ti Laurel St START K E 4Pa6 �� BltltC' spa s st Pine SI Pine St a Pine St Pine St Pinl N Pine Street Point Edwards Pl moo- a Playfreld a m n ., Makah lid' �o'a W m ,`n Forsyth Lri Q � iy 1, � rlr PI rn Fir S[ > py N } C N � N T J Bella Coola Rd y a a " Elm St Elm Park E!m St 3' w Q1m P, J V > � N �,P y G ?y Birch S1 T y a u 311, way Dogwood Ln T The Beat Brackett 5K ;� ■ The Baby Brackett 1 K Q 6 Packet Pg. 9 • AM EOM"D KIND or 41 edmolnde C.�,y..., m �._. LftfILM 4is Exhibit B. Parade Route and Site Plan �+ xxx 'he Artz O L h LNa V rr N r AI a:un F Vf1• sj .0 O [Irt naIA.W TflMOrQ>t1r (n fharl6�r olkr IR[Ls V START � O U B #MAIN sY C � > w E 0 y� i+S4'iilil7 ?[ A U x x Q U) � Main Parade WAFLt S r - RegWra lion E ,� I] Staging Area XXX—Barricades on 7tl U �- Route blocking Dayton, Alder, a a uLa s r Children's Parade K . Registration Maple and Walnut - Staging Area - Rothe x L r STA T 7 ,JIUT¢T O rya (} PllNk Restro ms x Street Closures U ft rlrn�rr4 � [d�nsYda MA 1tCWttt 16.V' im M;raltluAiti N F IltNC� � �. HOMELAND M t V fC a+ a+ Q 7 Packet Pg. 10 m eb ti Pith Ave II H II ro rip O N II r9 II c cr � r+ � O C � O - n ro n n 3 n n w oul C ^ r4 en n (o cn (D .I �jj xxx u II II r2 y r► as a u �n m ro ro � LAIA � .Y O a N O 7 OR R 1"f `• K Exhibit C Fireworks Site Plan 4?"MmI ease*" ■ CD ■ t r MEMO 7M AVE H O t U) IB U 6 r rn to H 3 4- 0 t r L) R C O U rn c d w O sZ cn L E R t U J Q Z LL v R r C O U rn 0 N r-+ C d E L V !4 a s Packet Pg. 11 CONTRACT CITY OF EDMONDS, WASHINGTON AND GREATER EDMONDS CHAMBER OF COMMERCE August 14-20, 2019 3 0 The following is an agreement ("Agreement") between CITY OF EDMONDS (hereinafter referred to co as the "City"), and the GREATER EDMONDS CHAMBER OF COMMERCE (hereinafter referred to L- as the "Chamber") (collectively, the "Parties"). v ai 0 WHEREAS, the Greater Edmonds Chamber of Commerce has for a number of years conducted a M public event known as "Taste Edmonds" and proposes to do so again in 2019; WHEREAS; the City Council finds that A Taste of Edmonds provides distinct benefits to the City by showcasing Edmonds' restaurants and other local businesses while providing a unique recreational opportunity for its citizens; and WHEREAS, the City Council finds that such an event enhances tourism and promotes economic development as well as providing an opportunity for good clean fun to its citizens; NOW, THEREFORE, in consideration of the promises, covenants, conditions and performances set forth below, the Parties hereto agree as follows: 1. Responsibilities and Rights of City 1.1 City shall provide use of surfaces on Civic Center Field (excluding the tennis courts), Bell Street including Centennial Plaza between 5th & 6th Avenues, and 6th Avenue from Main Street north to Daley Street for use by Chamber for the "Taste of Edmonds" event (the "Event"), so as to allow for the following: (a) The Event setup shall begin on Wednesday, August 14, 2018, at 7:00 a.m. Barricades to be in place at 7:00 a.m. (b) All surfaces listed shall remain available to the "Taste of Edmonds" until final cleanup by Tuesday, August 20, 2019, at noon. (c) City shall designate eight (8) additional handicapped parking spaces to be located in an area to be agreed upon by City and Chamber officials. 1.2 All use and configuration of structures, booths and other permanent or temporary facilities used in the Event may be inspected and reviewed by City Fire Chief, Police Chief, Building Official and Parks and Recreation Director or their designees to determine the facilities in use comply with the provisions of State and local law, as well as to insure that no lasting or permanent damage shall be done to any public facility or property. 1.3 Edmonds Fire Marshal shall inspect the facilities prior to the opening to the general public on or before 10:00 a.m., August 16, 2019, as the Parties shall agree and note all potential Packet Pg. 12 problems. Prior to the opening of the Event, Chamber shall correct all problems related to fire safety. In the event that such problems are not corrected, City may at its sole discretion cancel the Event or prohibit the attendance of the general public in certain areas, if in the opinion of the Fire Marshal and at the sole discretion of City, any violation or other condition that threatens life, health or property has not been corrected. 1.4 City shall provide barriers near the following nine (9) locations for street closures required to contain the City -Provided Site described in Paragraph 1.1 and identified in Exhibit B: A. 6th Avenue N and Main Street, to close 6th Avenue North of Main B. Ally between Main and Bell Street at 6th Avenue, to close the Alley to the East of 6th Avenue N C. Ally between Main and Bell Street at 6th Avenue, to close the Alley to the West of 6th Avenue N D. 6th Avenue N and Bell Street, to close 6th Avenue N E. 5th Avenue N and Bell Street on the South Side of Centennial Plaza, to close Bell Street F. 5th Avenue N and Bell Street on the North Side of Centennial Plaza, to close Bell Street G. 7th Avenue N and Ally behind Civic Playfield between Bell Street and the Park, to close the Alley behind the Park H. 6th Avenue N and Sprague Street, to close 6th Avenue N I. 6th Avenue N at the NE Corner of Civic Park, to close 6th Avenue 1.5 City shall provide padlocks as required on location for tennis courts and other areas from which public access is restricted during the Event. City shall also provide removal of the padlocks. 1.6 City shall provide water access as identified on the map in Exhibit A, which is approximately 40' East of the sidewalk on 6th avenue and 100' South of the Boys and Girls Club. 1.7 City shall provide access to storage area of portable stage to beer garden at time of stage installation and at time of stage removal. 1.8 City shall provide basketball hoop removal and re -installation on basketball courts located near the Boys & Girls Club building. 1.9 City shall install Taste of Edmonds street banners as provided by Chamber at approved sites. Chamber shall obtain a Street Banner Permit and pay the required fee. 1.10 City has the right to check the noise level of any amplified sound equipment or other source and require that the volume be reduced if it exceeds the safety limits recommended by the Seattle King County Department of Health or levels set forth in the ordinances of the City of Edmonds. 1.11 City shall provide and oversee police supervision of the Event under the command of the Chief of Police or his designee. Police staffing levels and fees to be paid to the City will be mutually determined by the Chief of Police, or his designee, and the President and CEO of the Chamber. 2 Packet Pg. 13 1.12 The City shall supply a list of acceptable compostable and recyclable food ware items and of suppliers for the compostable items. The City shall provide signage for the on -site collection containers, and any additional containers, if needed. 2. Responsibilities and Rights of Chamber 2.1 The Chamber shall provide a Certificate of Insurance evidencing commercial general liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and $2,000,000 aggregate for personal injury, bodily injury and property damage. City shall be named as an additional insured on the Commercial General Liability insurance policy and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The insurance policy shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. The City shall be named as an insured on the Chamber's General Liability insurance policy. The insurance policy shall contain, or be endorsed to contain that the Chamber's insurance shall be the primary insurance. Any insurance, self insurance, or insurance pool coverage maintained by the City shall be in excess of the Chamber's insurance and shall not contribute to it. The Chamber shall provide a certificate of insurance evidencing the required insurance before using the property described herein. Insurance shall be placed with insurers with a current A.M. Best rating of not less than ANII. 2.2 The Chamber agrees that the Taste of Edmonds is a public event. The Chamber further agrees that areas constituting the City -Provided Site that are covered under this Agreement, including but not limited to public right of way, streets, sidewalks, parks, parking lots, gardens, meeting halls and squares, are traditional public forums. As a result, the Chamber shall permit citizens attending events open to the general public at City -Provided Site during the Taste of Edmonds to exercise therein their protected constitutional right to free speech without interference in a designated free speech zone that does not violate fire and ADA codes. 2.3 The City has enacted Ordinance 3749 restricting the use of single -use plastic checkout bags. The restrictions do not apply to plastic bags used to carry out cooked food or provided solely for produce, bulk food or meat. The Chamber of Commerce will encourage its vendors to comply with the purposes of the ordinance by utilizing paper bags or encouraging the use of reusable totes whenever practicable. 2.4 RCW 70.93.093 concerning event recycling became effective in Washington on July 22, 2007. The Chamber will place clearly marked recycling containers throughout the Event area for the collection of aluminum, glass or plastic bottles or cans, and arrange for recycling services. 2.5 Pursuant to the City's Resolution 1412, which prohibits the use of plastic straws, stirrers and cutlery at public events requiring a contract with the City beginning in 2019, food vendors at this public event shall provide only certifiable compostable straws, stirrers and cutlery to event participants. Pursuant to the City's Resolution 1357, the goal of which is to promote the use of compostable and recyclable food service wares and packaging, food vendors at this public event are strongly encouraged to provide other compostable and recyclable food service wares to package and present food to event participants. Recyclable cans, bottles and cups continue to be acceptable for vendor use. When compostable and recyclable food service wares and packaging are used, event organizers will provide for the on -site collection of compostable and recyclable materials from event participants, using designated color -coded containers. Event organizers shall ensure that on -site containers are serviced properly and continually during the event. A Chamber representative shall 3 Packet Pg. 14 meet with the City's Recycling Coordinator or representative to be educated on the 3-container system to maximize diversion of compostables and recyclables from the garbage prior to August 2, 2019. 2.6 The Chamber shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits, including attorney fees, arising from or in connection with the Chamber's performance, or nonperformance, of this Agreement, except to the extent that claims, injuries, damages, losses or suits c are caused by the sole negligence of the City, its officers, officials, employees or volunteers. This M promise to indemnify and hold harmless shall include a waiver by the Chamber of the immunity L_ provided under Title 51 RCW, but only to the extent necessary to fully effectuate this promise. This v provision shall survive the termination and/or expiration of this Agreement. N 2.7 Chamber may in its discretion limit the participation of any vendor who produces >; duplication in order to adequately recognize limitations of space, failure to comply with applicable State or local health, liquor, or other requirements of law, and in order to provide an adequate and o interesting diversity compatible with the recreation of the citizens of Edmonds. 2.8 Neither Chamber nor any of its officers, agents, or employees shall discriminate in the provision of service under this Agreement against any individual, partnership, or corporation based upon race, religion, sex, creed, place of origin, or any other form of discrimination prohibited by c federal, state or local law. c 2.9 The Parties acknowledge that pursuant to the provisions of Initiative 901 as codified in Chapter 70.160 RCW (herein after the "smoking ban"), smoking is prohibited in indoor areas, within 25 feet of vents or entrances and in outdoor areas where public employees of the City, and employees of any vendor at the Event or of the contracting organization are required to be. This general description of the provisions of the initiative is included for the purpose of reference and is not intended to expand or contract the obligations created by the smoking ban. The Chamber warrants that it will comply with the smoking ban and will utilize the services and advice of the Snohomish County Health District in assuring compliance during the Event described in this Agreement. 2.10 Chamber shall obtain any necessary Street Use and Parks Facility Use Permits and pay the required fees. (See site plan attached as Exhibit "A"). 2.11 Chamber shall post "NO DOGS" signs on the Taste grounds and the Civic Center Field as per City Ordinance. The Chamber shall notify vendors of this ordinance as part of their registration instructions, and also inform vendors that this ordinance will be enforced. This provision shall not apply to service animals for the disabled. 2.12 Chamber shall restrict field parking to approved areas. Chamber shall have security at permit parking entrance area to limit public access. City has the right to close the parking area for the Event if parking is not limited to the agreed upon area. 2.13 Chamber shall ensure that all booths/beer garden/wine garden have the necessary state permits for serving and selling alcohol. Chamber agrees to make its best effort to prevent service of alcohol to minors, including segregation of the beer garden and wine garden, posting security at the entrances of the beer garden and wine garden and checking identification in accordance with common practice. Chamber shall obtain any copyright licenses necessary for presenting licensed live and recorded music. Packet Pg. 15 2.14 Chamber agrees to the following general open hours of the Taste of Edmonds: Friday, August 16, 2019: Saturday, August 17, 2019 Sunday, August 18, 2019: 11:00 a.m.-10:00 p.m. 11:00 a.m.-10:00 p.m. 11:00 a.m.-7:00 p.m. Chamber agrees to keep the hours of operation in the Beer Garden and Wine Garden within the following schedule: Friday, August 16, 2019: 11 a.m.-10:00 p.m. (Last call 9:30 p.m., no service after 9:45 p.m.) Saturday, August 17, 2019: 11:00 a.m.-10:00 p.m. (Last call 9:30 p.m., no service after 9:45 p.m.) Sunday, August 18, 2019: 11:00 a.m.-7:00 p.m. (Last call 6:30 p.m., no service after 6:45 p.m.) 2.15 Chamber shall provide any and all security services necessary during the night time hours (night time hours being defined as those hours which the Event is not in operation), sufficient to reasonably secure the area and facilities provided. City shall have no responsibility or liability for the provision of security services nor shall it be liable for any loss or damage incurred by Chamber or the participants in the Event. 2.16 Chamber shall provide a fire watch for all times in and around the booths and displays open to the general public as a part of the Event. 2.17 Chamber shall provide a sufficient number of portable sani-cans and wash stations. 2.18 Chamber shall provide fence installation and removal at the Beer Garden and Wine Gardens. 2.19 Chamber is responsible for contracting with appropriate vendors for power. No power is available from the Civic Center complex. 2.20 Chamber will arrange for a walk through with the City electrician to get approval for the accommodation of power and electricity needs. 2.21 Chamber shall provide labor and equipment for the portable Beer Garden pouring station (PS) to: (1) pickup the PS elements at the City's storage location, (2) set up the PS, (3) take down the PS, (4) cleanup the PS elements, and (5) return the PS elements to the City's storage location. 2.22 Garbage service shall be contracted and paid for by Chamber. 2.23 Upon the completion of the Event, Chamber shall make adequate provisions for the cleanup and restoration of all sites rented or provided under the terms of this Agreement, including steam cleaning and pressure washing whenever required for all hard surfaces impacted by the Event. Storm drains are to be covered with filter fabric to capture grease and debris. 0 z CO M U ai 0 Packet Pg. 16 2.24 Cleanup areas include area as described in paragraph 1.1 and all streets immediately surrounding the Event perimeter. 2.25 All garbage to the size of a cigarette butt, debris, litter, equipment, and any other and all other items made necessary by or used in the provision of the Event shall be picked up and removed by 12:00 noon, Tuesday, August 20, 2019. 3 0 2.26 A final inspection of the Event area shall be conducted by City Parks Maintenance CO Division to determine if all areas are clean and returned to their original condition. L_ U 2.27 Chamber shall submit a cleaning/damage deposit of $1,500.00 to City prior to Monday, N July 8, 2019. The deposit shall be refunded to Chamber if, upon inspection, all is in order, or a prorated M portion thereof as may be necessary to reimburse City for loss or cleaning costs. >; 2.28 Chamber shall pay City all permit fees for the above -mentioned facility use ($1,440.00 facility rental) prior to Monday, July 8, 2019, and shall reimburse City for the actual costs of supplies or services furnished by City, unless otherwise established, within thirty (30) days of mailing of a final bill by the City. 2.29 Colored banners or flags may not be placed in the existing holes in the public sidewalk designated for the American flag program. 3. Miscellaneous. 3.1 Entire agreement, integration and amendment. This Agreement contains the entire agreement and understanding between the Parties relating to the rights and obligations created hereby, and supersedes all prior and contemporaneous negotiations, understandings, and agreements, written or oral, between the Parties. Any prior discussions or understandings are deemed merged with the provisions herein. This Agreement shall not be amended, assigned or otherwise changed or transferred except in writing with the express written consent of the Parties hereto. Any action to interpret or enforce this Agreement shall be brought before the Superior Court of Snohomish County, Washington, and the Parties agree that, as between them, all matters shall be resolved in that venue. 3.2 Force majeure. The Parties shall not be liable for failure to perform or delay in performance due to fire, flood, strike or other labor difficulty, act of God, act of any governmental authority, riot, embargo, fuel or energy shortage, car shortage, wrecks or delays in transportation, or due to any other cause beyond the Parties' reasonable control. In the event of delay in performance due to any such cause, the date of delivery or time for completion will be extended by a period of time reasonably necessary to overcome the effect of such delay. 3.3 Relationship between the Parties. Nothing in this Agreement shall be interpreted to or in fact create an agency or employment relationship between the Parties. No officer, official, agent, employee or representative of Chamber shall be deemed to be the same of the City for any purpose. The Chamber alone shall be solely responsible for all acts of its officers, officials, agents, employees, representatives and subcontractors during the performance of this Agreement. DATED this day of , 2019. Packet Pg. 17 CITY OF EDMONDS: GREATER EDMONDS CHAMBER OF COMMERCE: David O. Earling, Mayor Greg Urban, President and CEO ATTEST/AUTHENTICATED: c z co L m U Scott Passey, City Clerk N APPROVED AS TO FORM: 0 Office of the City Attorney Packet Pg. 18 Exhibit A 2019 Taste of Edmonds Site Plan iq 0 rCs rs Gth Ave sirarq-rd iOP11 oDTS-SS5 --- 1 • R ( a a «: - t= Lid-Td .,w. zr Ilillllll - --� E N'Iur Tr[d �� K18-K23 ° -- ga ■. r� �Sn Ln ,n C Ln ^S nM wh M ......... '1 Exhibit B a Packet Pg. 19 2019 Taste of Edmonds Traffic Control Map Daley Si Daley St as� Loughrin & ,sr Company CPAs f. x Sprague St H. x aQ' 4 a A Taste of Edmonds z P r h Civic Center Playfield Edmonds 0) Municipal Court G. Edmonds x E. }� Summer Market pe # E. Beal St D. afe Edmonds South-Snoh County C. x x B. X,x n a m � A.Z - xxx Main St 0 Main S Starbucks T GOc�''•Iegistro a Ci .i Frimnnrlc I ihrnry - Z Packet Pg. 20 CONTRACT BETWEEN THE CITY OF EDMONDS AND THE GREATER EDMONDS CHAMBER OF COMMERCE c September 8, 2019 v L M 0 The following is an agreement ("Agreement") between CITY OF EDMONDS ("City"), and the GREATER ai EDMONDS CHAMBER OF COMMERCE ("Chamber") (collectively, the "Parties"). WHEREAS, the Chamber has proposed to hold a public event known as the Edmonds Chamber of Commerce Classic Car Show ("Classic Car Show" or "Event"); and WHEREAS, the City Council finds that the "Classic Car Show" provides distinct benefits to the City by showcasing the City while providing a unique recreational opportunity for its citizens; and WHEREAS, the City Council finds that such an event enhances tourism and promotes economic development as well as providing an opportunity for good clean fun to its citizens; NOW, THEREFORE, in consideration of the promises, covenants, conditions and performances set forth below, the Parties hereto agree as follows: City and Chamber agree that: 1.1 City shall provide use of the following surfaces by Chamber for the Classic Car Show: • "Center Round" around the fountain in downtown Edmonds at 5th Avenue and Main Street, • Main Street from the East side of its intersection with 3' Avenue to the West side of its intersection with 6' Avenue, • 4th Avenue S. from the South side of its intersection with Bell Street to the North side of its intersection with Dayton Street, and again from the South side of its intersection with Dayton Street to approximately 100 feet south down 4m Avenue, • 5th Avenue, from the North side of its intersection with Walnut Street to the North side of its intersection of the northern leg of Bell Street, • Dayton Street, from the West side of 5' Avenue to the East side of 4' Avenue, • Dayton Street, from the East side of 5m Avenue to immediately east of 529 Dayton Street, • City Hall parking lot located immediately South of the City Hall building at 121 5' Avenue N and the parking lot under City Hall, • On street parking spaces on 5m Ave N from Bell Street to Seville driveway, 217 5' Ave N (west), and Bell Street to the Public Safety parking lot access midblock (east). (The above areas shall be hereinafter referred to as the "City -Provided Site.") Packet Pg. 21 1.2 One or several days before the Event, which is scheduled for Sunday, September 8, 2019, City shall place signs so as to clear the City -Provided Site of all vehicles from 2:00 a.m. on the date of the event until 7:00 p.m. on the same day. The Main and 5t' closure to the most northern portion of Bell shall be until 8:00 p.m. 3 0 1.3 City shall provide barriers near the following 17 locations for street closures required to contain the City -Provided Site described in Paragraph 1.1 and identified in Exhibit A: L. A. Pine and 5', to close 5t1i Avenue north to Walnut, controlling northbound traffic only, t� southbound to remain open. Northbound will reopen at 11:30 am following registration. +3 B. Walnut and 5t", to close 5t" Avenue north and south of Walnut Street M C. Alder and 5, to close Alder Street east of 5t" Avenue :;I D. Maple and 5t", to close Maple Street east of 5' Avenue S E. On 4t', to close 4t' Avenue 100 ft. immediately south of Dayton F. 4' and Dayton, to close 4t" Avenue south of Dayton Street c 0 G. Dayton, to close Dayton Street approximately 100 ft. west of 4' Avenue H. Dayton Street immediately east of 529 Dayton Street to close Dayton West of this point I. Main and 6t", to close Main Street west of 6t" Avenue L J. 6th and the Alley between Bell Street and Main Street (local access only) K. 5' and the Alley to the South of Museum, to close 5' Avenue N L. Alley between 4t' Avenue N and 5t" Avenue N and Main Street to block traffic from entering Main Street M. Main and 3rd, to close Main Street east of 31 Avenue N. 4' and Bell, to close 4' Avenue N south of Bell Street O. Alley between 41 Avenue N and 5t' Avenue N and Bell Street (local access only) P. 51 and Bell, to close 5t" Avenue N south of Bell Street Q. 5' and Bell, to close 5' Avenue N (south side of Centennial Plaza) 1.4 City shall arrange for access control of 5' Avenue South at Walnut Street from 8:30 a.m. until 11:30 a.m. on the date of the Event. Chamber will be responsible for paying the actual cost of the overtime wages incurred by the City of the police officer to be stationed at the intersection. This intersection will not be closed to general traffic east and west, but access will be controlled and may be limited during this time period to allow for the safe staging of Event vehicles. There will be a committee member at the intersection with the police officer to designate which vehicles will be part of the Event. 1.5 Above barriers shall be delivered so as to allow Chamber to position such barriers at 5:00 a.m. the day of the Event. The number of barriers left by City at each of the eight locations shall be sufficient to provide adequate street closure. Chamber shall remove same barriers at 7:00 p.m. on the same day. 1.6 On the day of the Event, Chamber shall place traffic cones on the center -dividing line of 5' Avenue between Pine Street and Walnut Street from 5:00 a.m. until 10:00 a.m. 1.7 Chamber shall obtain any necessary Street Use Permits and pay the required fees. Police, Fire, and Public Works will meet with Chamber of Commerce officials to resolve any remaining or potential issues of traffic control and barricades prior to the event, but shall have no authority to waive the requirements of city ordinance or state law. Chamber shall establish a sixteen foot (16') fire lane down the middle of each street on which Classic Car Show cars will be parked for emergency vehicle access throughout the day of event. Chamber car show staff and ambassadors will ensure that no cars encroach upon this fire lane. Packet Pg. 22 1.8 The Chamber shall be permitted to establish and operate five outdoor dining gardens within the City -Provided Site during the Event. These gardens shall not exceed 15' x 25' in dimension, and shall be fenced in a manner that clearly establishes and distinguishes their boundaries. Maximum capacity of the dining gardens shall be determined by the Edmonds Fire Marshall. Dining gardens shall provide tables, chairs and umbrellas for use by their diners. No alcohol shall be served or permitted in the dining gardens. c Food and non-alcoholic drinks may be served in the dining gardens, but no food preparation shall be permitted therein. Dining gardens shall be sponsored by local restaurants, and shall be located near each L. sponsoring restaurant. Dining gardens shall open no earlier than 4:00 a.m. and shall close no later than 5:00 0 p.m. during the Event. Chamber shall inform all food vendors of the applicable requirements for food +; vending at the Event, as set forth by Snohomish County Fire District 1, and shall be responsible for ensuring M that food vendors follow such requirements. 1.9 All use and configuration of structures, booths and other temporary facilities used in the c event shall be inspected and reviewed by Edmonds Fire Marshall, Police Chief, Building Official and Parks z and Recreation Director or their designees to determine whether the facilities in use comply with the provisions of State and local law, as well as to insure that no lasting or permanent damage shall be done to W any public facility or property. Edmonds Fire Marshal shall inspect the facilities prior to the opening to the general public on or before 7:00 a.m., September 8, 2019, as the Parties shall agree and note all potential c problems. Prior to the opening of the event, Chamber shall correct all problems. In the event that such t� problems are not corrected, City may at its sole discretion cancel such event or prohibit the attendance of N c the general public in certain areas, if in the opinion of the Fire Marshal and at the sole discretion of City, anything that threatens life, health or property shall appear. w 1.10 City has the right to check the noise level of any amplified sound equipment or other source a and require that the volume be reduced if it exceeds the safety limits recommended by the Snohomish T L County Department of Health or levels set forth in the ordinances of the City of Edmonds. E 1.11 Chamber shall obtain and note on the back of the Classic Car Show registration card, which s v is posted on the dashboard of cars on display, at least one cell phone number for the car's owner, to allow the Chamber to contact the owners when away from their cars. Q z 2. Chamber Responsibilities LL c� L In addition to the above and in consideration of the use of the facilities and services above described, r_ 0 Chamber agrees to the following: t� 3 2.1 The Chamber shall provide a Certificate of Insurance evidencing commercial general 0 Cn liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and $2,000,000 aggregate for personal injury, bodily injury and property damage. City shall v be named as an additional insured on the Commercial General Liability insurance policy and a copy of the y endorsement naming City as additional insured shall be attached to the Certificate of Insurance. The M insurance policy shall contain a clause stating that coverage shall apply separately to each insured against V whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. The City 0 shall be named as an insured on the Chamber's General Liability insurance policy. The insurance policy C`' shall contain, or be endorsed to contain that the Chamber's insurance coverage shall be primary insurance. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be in excess of the E Chamber's insurance and shall not contribute to it. The Chamber shall provide a certificate of insurance evidencing the required insurance before using the property described herein. Insurance shall be placed a with insurers with a current A.M. Best rating of not less than A:VII. Packet Pg. 23 2.2 The Chamber agrees that the Classic Car Show is a public event. The Chamber further agrees that areas constituting the City -Provided Site that are covered under this Agreement, including but not limited to public right of way, streets, sidewalks, parks, parking lots, gardens, meeting halls and squares, are traditional public forums. As a result, the Chamber shall permit citizens attending events open to the general public at City -Provided Site during the Classic Car Show to exercise therein their protected c constitutional right to free speech without interference. 2.3 The City has enacted Ordinance 3749 restricting the use of single -use plastic checkout L M t� bags. The restrictions do not apply to plastic bags used to carry out cooked food or provided solely for; produce, bulk food or meat. The Chamber will encourage its vendors to comply with the purposes of the M ordinance by utilizing paper bags or encouraging the use of reusable totes whenever practicable. In addition, pursuant to the City's Resolution 1412, which prohibits the use of plastic straws, stirrers and cutlery at public events requiring a contract with the City beginning in 2019, food vendors at this public c event shall provide only certifiable compostable straws, stirrers and cutlery to event participants. Finally, pursuant to the City's Resolution 1357, the goal of which is to promote the use of compostable and recyclable food service wares and packaging, food vendors at this public event are strongly encouraged to provide other compostable and recyclable food service wares to package and present food to event participants. Recyclable cans, bottles and cups continue to be acceptable for vendor use. o When compostable and recyclable food service wares and packaging are used, event organizers will y provide for the on -site collection of compostable and recyclable materials from event participants, using designated color -coded containers. Event organizers shall ensure that on -site containers are w serviced properly and continually during the event. A Chamber representative shall meet with the M City's Recycling Coordinator or representative to be educated on the 3-container system to maximize diversion of compostables and recyclables from the garbage prior to August 23, 2019. Cn 2.4 The Chamber shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits, including attorney fees, arising from or in connection with the Chamber's performance, or nonperformance, of this Agreement, except to the extent that claims, injuries, damages, losses or suits are caused by the sole negligence of the City, its officers, officials, employees or volunteers. This promise to indemnify and hold harmless shall include a waiver by the Chamber of the immunity provided under Title 51 RCW, but only to the extent necessary to fully effectuate this promise. This provision shall survive the termination and/or expiration of this Agreement. 2.5 The Parties acknowledge that pursuant to the provisions of Initiative 901 as codified in Chapter 70.160 RCW (herein after the "smoking ban"), smoking is prohibited in indoor areas, within 25 feet of vents or entrances and in outdoor areas where public employees of the City, and employees of any vendor at the event or of the contracting organization are required to be. This general description of the provisions of the initiative is included for the purpose of reference and is not intended to expand or contract the obligations created by the smoking ban. The Chamber warrants that it will comply with the smoking ban and will utilize the services and advice of the Snohomish County Health District in assuring compliance during the event described in this Agreement. 2.6 Chamber shall provide any and all security services necessary to reasonably secure the area and facilities provided, including the City -Provided Site. City shall have no responsibility or liability for the provision of security services nor shall it be liable for any loss or damage incurred by Chamber or the participants in this Event. 2.7 Chamber shall provide a fire watch for all times in and around the booths and displays open to the general public as a part of this Event. Packet Pg. 24 2.8 Chamber shall provide sufficient wash stations and approximately 10 sani-cans that may be placed on site the night preceding the Event. Garbage service shall be contracted and paid for by Chamber. Chamber will place 25 garbage and recycle containers around downtown for garbage collection 2.9 Upon completion of the Event, Chamber shall make adequate provisions for the cleanup of c all sites provided under the terms of this Agreement so as to restore them to the same state of cleanliness as existed the night prior to the Event. Cleanup of all relevant street pavements shall be completed by 7:00 p.m. on that day. Cleanup of sidewalks shall be completed by 11:00 p.m. on that day. Cleanup areas 0 include the City -Provided Site as described in Section 1 and all streets immediately surrounding the Event �3 perimeter. A final inspection of the Event area shall be conducted by a designated City official to determine M if all areas are clean and returned to their original condition. For purposes of marking sidewalk or asphalt, Chamber agrees to use a temporary, water soluble, environmentally friendly material. S 2.10 Chamber shall pay City all permit fees for the above -mentioned facility use and services at least ten (10) days prior to the Event, and shall reimburse City for the actual costs of supplies or services furnished by City (excluding those agreed to in Section 1) within thirty (30) days of mailing of a final bill by the City, provided such supplies and services are approved and listed by all Parties to this Agreement in a signed addendum to this Agreement prior to the date which they purport to be required. 2.11 Colored banners or flags may not be placed in the existing holes in the public sidewalk designated for the American flag program. Miscellaneous. 3.1 Entire agreement, integration and amendment. This Agreement contains the entire agreement and understanding between the Parties relating to the rights and obligations created hereby, and supersedes all prior and contemporaneous negotiations, understandings, and agreements, written or oral, between the Parties. Any prior discussions or understandings are deemed merged with the provisions herein. This Agreement shall not be amended, assigned or otherwise changed or transferred except in writing with the express written consent of the Parties hereto. Any action to interpret or enforce this Agreement shall be brought before the Superior Court of Snohomish County, Washington, and the Parties agree that, as between them, all matters shall be resolved in that venue. 3.2 Force majeure. The Parties shall not be liable for failure to perform or delay in performance due to fire, flood, strike or other labor difficulty, act of God, act of any governmental authority, riot, embargo, fuel or energy shortage, car shortage, wrecks or delays in transportation, or due to any other cause beyond the Parties' reasonable control. In the event of delay in performance due to any such cause, the date of delivery or time for completion will be extended by a period of time reasonably necessary to overcome the effect of such delay. 3.3 Termination. The City shall have the right, in its sole and absolute discretion, to unilaterally terminate this Agreement should the same become necessary to protect public health, safety or welfare; in which case, the City shall provide written notice of the same to the Chamber. 3.4 Relationship between the Parties. Nothing in this Agreement shall be interpreted to or in fact create an agency or employment relationship between the Parties. No officer, official, agent, employee or representative of the Chamber shall be deemed to be the same of the City for any purpose. The Chamber alone shall be solely responsible for all acts of its officers, officials, agents, employees, representatives and subcontractors during the performance of this Agreement. DATED this day of 52019. Packet Pg. 25 CITY OF EDMONDS: David O. Earling, Mayor ATTEST/AUTHENTICATED: Scott Passey, City Clerk APPROVED AS TO FORM: Office of the City Attorney GREATER EDMONDS CHAMBER OF COMMERCE: Greg Urban, President and CEO Packet Pg. 26 Exhibit A. 1� edmonds iAMBER OF CUfAMERGE M4 � y 0 o- ti= Q O f4ME5 ST ALDER ST PSPRAciuE ST r- a Sr c°O o a° O. xxk y� O+�Q. �4F41Hs1 �$ }} K. % J. l 0 yCZ i ® I. W �^ a > 4 H. F yODAYTONST D. B. XXX O HOWEU WAY W REU ST MAIN ST Q Edmonds Classic Car Show MAPLE 5 T Sunday 10 am-4 pm I I September 8 awards 3,3opm II - Registration Line ALDER ST - Display Area -Vendor Booths -Special Display Area -Vendor Parking -Trailer Parking x - Kids Zone p - Information Booth Q - Public Restrooms 1101LY DR xxx - Street Closures PancakeBreakfastrM p - Special Guest(s) Registration entry begins at gth Ave S and D DR Pine St, all cars must enter here to line up. HEMLOCK WAY ERREN DR a Regisrrarion Entry xxx at 5th Ave S. & Pine St. (5thAve s & Pine st) A. controlling access for northbound traffic 7 Packet Pg. 27 1.2 City Council Agenda Item Meeting Date: 05/14/2019 ILA Snohomish County Civic funding Staff Lead: Carrie Hite Department: Parks, Recreation & Cultural Services Preparer: Carrie Hite Background/History Council adopted the Civic Park master plan in February 2017. Staff Recommendation Forward ILA to consent for approval. Narrative The City applied for funds from Snohomish County for development of Civic Park. Representative Stephanie Wright recommended $450,000 of funding over three years. This was passed and approved by Snohomish County Council late last year. Attached is the ILA that represents the agreement and funding awarded. The recommendation is for the PPW committee to forward this to the consent agenda for approval. Deputy Director Shannon Burley will be present to discuss and answer any questions. Attachments: 2019 Sno County ILA- Civic Packet Pg. 28 1.2.a INTERLOCAL AGREEMENT BETWEEN SNOHOMISH COUNTY AND THE CITY OF EDMONDS FOR CIVIC PARK IMPROVEMENTS This 1NTERLOCAL AGREEMENT BETWEEN SNOHOMISH COUNTY AND THE CITY OF EDMONDS FOR CIVIC PARK IMPROVEMENTS (this "Agreement"), is made and entered into this day of , 2019, by and between SNOHOMISH COUNTY, a political subdivision of the State of Washington (the "County"), and the CITY OF EDMONDS, a Washington municipal corporation (the "City"), pursuant to Chapter 39.34 RCW. RECITALS A. The 2007 Comprehensive Parks and Recreation Plan, a component of the Snohomish County Growth Management Act Comprehensive Plan, has documented a County -wide need for a wide variety of recreational facilities; and B. The County Executive and the County Council have determined that it is consistent with the Comprehensive Parks and Recreation Plan and is in the public interest of County residents to participate in joint undertakings with local municipalities to increase recreational opportunities and facility capacity; and C. The County Council approved Ordinance 16-094, dated on November 14, 2016, which adopted the 2017-2022 Capital Improvement Program as part of the Snohomish County Capital Facilities Plan, and is included as Attachment A, incorporated herein by this reference; and D. The Council adopted the 2019 Priority Package Detail #619, included as Attachment B and incorporated herein by this reference, which included funding for certain capital improvement projects, including funding to the City of Edmonds, for the Civic Park Improvements (the "Project") in an amount up to One Hundred Fifty Thousand and no/100 Dollars ($150,000.00) in REET 2 funds (the "Funds") for the purpose of helping with the Project funding; and E. The City of Edmonds has provided the following: a written request to the County for the funds (Attachment C, incorporated herein by this reference), a description of the project (Attachment D, incorporated herein by this reference), a confirmation from the City indicating ownership interest in the property (Attachment E, incorporated herein by this reference), and a description of the City's involvement and on -going role in planning, design, development, maintenance, and operation of the Project (Attachment F, incorporated herein by this reference); and F. Pursuant to this Agreement and Chapter 39.34 RCW, the County wishes to provide and the City wishes to accept the above -described Funds from the County. 1NTERLOCAL AGREEMENT BETWEEN SNOHOMISH COUNTY AND THE CITY OF EDMONDS FOR CIVIC PARK IMPROVEMENTS 1 of 14 Packet Pg. 29 1.2.a AGREEMENT NOW, THEREFORE, in consideration of the respective agreements set forth below and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the County and the City agree as follows: 1. Purpose of Agreement. This Agreement is authorized by and entered into pursuant to Chapter 39.34 RCW. The purpose and intent of this Agreement is to define the responsibilities of the County and the City as they relate to the County's provision of the Funds to the City's Project located at Civic Park, 310 61h Avenue N, Edmonds, WA (the "Park Property"). Planned site enhancements in the Project, per Exhibit B, include the addition of a gathering plaza with a water feature, a walking path around the perimeter, a multi -use sport court and exercise equipment, a picnic area, and restroom at the Project location in the City of Edmonds on property owned by the City of Edmonds. 2. Effective Date and Duration. This Agreement shall not take effect unless and until it has been duly executed by both parties and either filed with the County Auditor or posted on the County's Interlocal Agreements website. This Agreement shall remain in effect through December 31, 2022, unless earlier terminated pursuant to the provisions of Section 12 below, PROVIDED HOWEVER, that each party's obligations after December 31, 2019, are contingent upon local legislative appropriation of necessary funds for this specific purpose in accordance with applicable law; and further that the County explicitly does not warrant or guarantee the availability of provision of any funding whatsoever, at any time, beyond the Funds as identified in Recital Section D, above. 3. Administrators. Each party to this Agreement shall designate an individual (an "Administrator"), who may be designated by title or position, to oversee and administer such party's participation in this Agreement. The parties' initial Administrators shall be the following: INTERLOCAL AGREEMENT BETWEEN SNOHOMISH COUNTY AND THE CITY OF EDMONDS FOR CIVIC PARK IMPROVEMENTS 2 of 14 Packet Pg. 30 1.2.a County's Initial Administrator: Tom Teigen, Director Snohomish County Parks and Recreation Department 6705 Puget Park Drive Snohomish, Washington 98296 (425) 388-6617 phone (425) 388-6645 facsimile Tom.Teigen@snoco.org City's Initial Administrator: Carrie Hite, Director Parks, Recreation and Cultural Services 700 Main Street Edmonds, Washington 98020 425-771-0256 Carrie.hite@edmondswa.gov Either party may change its Administrator at any time by delivering written notice of such party's new Administrator to the other party. 4. Project Performance. 4.1 Certification of Real Property Interest. The City certifies to the County that the City owns the real property or easements upon which the Project shall be executed and additional real property or easements are not needed to complete the Project. 4.2 City's Financial and Staff Commitment. The City certifies to the County that the City will have sufficient monies to develop and complete the project as identified in Attachment D, and to maintain and operate Phase 1 of the project needed under the terms of this Agreement by the Project deadline identified in Section 4.3 below (the "City's Financial Commitment"). 4.3 Project Deadline. On or before December 31, 2022, the City shall complete the Project. In executing the Project, the City shall obtain and, upon request, provide the County with copies of all permits necessary to complete the Project. 4.4 Recognition of County as Financial Sponsor. The City shall recognize the County as a financial sponsor of the Project as follows: 4.4.1 Upon completion of the Project or dedication of the Park Property, whichever comes first, the City shall install at the Park Property a plaque in a form approved by the County that indicates that the County is a financial sponsor of or contributor to the Project; 4.4.2 The City shall invite the County to all events promoting the Project or Park Property and recognize the County at all such events as a financial sponsor of the Proj ect; 4.4.3 The City shall recognize the County as a financial sponsor in all INTERLOCAL AGREEMENT BETWEEN SNOHOMISH COUNTY AND THE CITY OF EDMONDS FOR CIVIC PARK IMPROVEMENTS 3 of 14 Packet Pg. 31 1.2.a brochures, banners, posters, and other promotional material related to the Project. 4.5 Project Maintenance. The City shall be responsible for on -going capital improvements to, and maintenance of, the Project and City Property. The County makes no commitment to support the Project or City Property beyond what is provided for in this Agreement and assumes no obligation for future support of the Project or City Property except as expressly set forth in this Agreement. 4.6 Availability to County Residents. The City shall make the Property available to all County residents on the same terms as to residents of the City. 5. Invoicing and Payment. 5.1 Invoicing. Prior to December 31, 2022, the City shall submit to the County an invoice requesting disbursement of the Funds for the Project. 5.2 Accounting. The City shall maintain a system of accounting and internal controls which complies with generally accepted accounting principles and governmental accounting and financial reporting standards in accordance with Chapter 40.14 RCW. 5.3 Recordkeeping` The City shall maintain adequate records to support billings. The records shall be maintained by the City for a period of five (5) years after completion of this Agreement. The County, or any of its duly authorized representatives, shall have access to books, documents, or papers and records of the City relating to this Agreement for purposes of inspection, audit, or the making of excerpts or transcripts. 6. Independent Contractor. The City will perform all work associated with the Project as an independent contractor and not as an agent, employee, or servant of the County. The City shall be solely responsible for control, supervision, direction and discipline of its personnel, who shall be employees and agents of the City and not the County. The County shall only have the right to ensure performance. 7. Indemnification/Hold Harmless. The City shall assume the risk of liability for damage, loss, costs and expense arising out of the activities under this Agreement and all use of any improvements it may place on the Property. The City shall hold harmless, indemnify and defend the County, its officers, elected and appointed officials, employees and agents from and against all claims, losses, lawsuits, actions, counsel fees, litigation costs, expenses, damages, judgments, or decrees by reason of damage to any property or business and/or any death, injury or disability to or of any person or party, including but not limited to any employee, arising out of or suffered, directly or indirectly, by reason of or in connection with the acquisition or use of the Park Property and this Agreement; PROVIDED, that the above indemnification does not apply to those damages solely caused by the negligence or willful misconduct of the County, its elected and appointed officials, officers, employees or agents. INTERLOCAL AGREEMENT BETWEEN SNOHOMISH COUNTY AND THE CITY OF EDMONDS FOR CIVIC PARK IMPROVEMENTS 4 of 14 Packet Pg. 32 1.2.a 8. Liability Related to City Ordinances Policies Rules and Regulations. In executing this Agreement, the County does not assume liability or responsibility for or in any way release the City from any liability or responsibility which arises in whole or in part from the existence or effect of City ordinances, policies, rules or regulations. If any cause, claim, suit, action or administrative proceeding is commenced in which the enforceability and/or validity of any such City ordinance, policy, rule or regulation is at issue, the City shall defend the same at its sole expense and, if judgment is entered or damages are awarded against the City, the County, or both, the City shall satisfy the same, including all chargeable costs and reasonable attorney's fees. 9. Insurance. The City shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons or damages to property which may arise from, or in connection with, exercise of the rights and privileges granted by this Agreement, by the City, its agents, representatives, and employees/subcontractors. The cost of such insurance shall be paid by the City. 9.1 Minimum Scope and Limits of Insurance. General Liability: Insurance Services Office Form No. CG 00 01 Ed. 11-88, covering COMMERCIAL GENERAL LIABILITY with limits no less than $1,000,000 combined single limit per occurrence for bodily injury, personal injury, and property damage. 9.2 Other Insurance Provisions. Coverage shall be written on an "Occurrence" form. The insurance policies required in this Agreement are to contain or be endorsed to contain the County, its officers, officials, employees, and agents as additional insureds as respects liability arising out of activities performed by or on behalf of the City in connection with this Agreement. 9.3 Verification of Coverage. The City shall furnish the County with certificate(s) of insurance and endorsement(s) required by this Agreement. 10. Compliance with Laws. In the performance of its obligations under this Agreement, each party shall comply with all applicable federal, state, and local laws, rules and regulations. 11. Default and Remedies. 11.1 Default. If either the County or the City fails to perform any act or obligation required to be performed by it hereunder, the other party shall deliver written notice of such failure to the non -performing party. The non -performing party shall have twenty (20) days after its receipt of such notice in which to correct its failure to perform the act or obligation at issue, after which time it shall be in default ("Default") under this INTERLOCAL AGREEMENT BETWEEN SNOHOMISH COUNTY AND THE CITY OF EDMONDS FOR CIVIC PARK IMPROVEMENTS 5 of 14 Packet Pg. 33 1.2.a Agreement; provided, however, that if the non-performance is of a type that could not reasonably be cured within said twenty (20) day period, then the non -performing party shall not be in Default if it commences cure within said twenty (20) day period and thereafter diligently pursues cure to completion. 11.2 Remedies. In the event of a party's Default under this Agreement, then after giving notice and an opportunity to cure pursuant to Section 11.1 above, the non - Defaulting party shall have the right to exercise any or all rights and remedies available to it in law or equity. 12. Early Termination. 12.1 30 Days' Notice. Except as provided in Section 12.2 below, either party may terminate this Agreement at any time, with or without cause, upon not less than thirty (30) days advance written notice to the other party. The termination notice shall specify the date on which the Agreement shall terminate. 12.2 Termination for Breach. In the event that the City fails to complete Phase 1 of the Project by December 31, 2022, and/or otherwise commits a Default as described in Section 11, the County may terminate this Agreement immediately by delivering written notice to the City. Within thirty (30) days of such early termination, the City shall return to the County all Funds previously disbursed from the County to the City for the Project plus interest at the rate of twelve percent (12%) per annum beginning thirty (30) days from the date of early termination. 13. Dispute Resolution. In the event differences between the parties should arise over the terms and conditions or the performance of this Agreement, the parties shall use their best efforts to resolve those differences on an informal basis. If those differences cannot be resolved informally, the matter may be referred for mediation to a mediator mutually selected by the parties. If mediation is not successful or if a party waives mediation, either of the parties may institute legal action for specific performance of this Agreement or for damages. Neither party in any legal action shall be entitled to attorneys' fees or court costs accrued during mediation or any legal action regarding this Agreement. 14. Notices. All notices required to be given by any party to the other party under this Agreement shall be in writing and shall be delivered either in person, by United States mail, or by electronic mail (email) to the applicable Administrator or the Administrator's designee. Notice delivered in person shall be deemed given when accepted by the recipient. Notice by United States mail shall be deemed given as of the date the same is deposited in the United States mail, postage prepaid, and addressed to the Administrator, or their designee, at the addresses set forth in Section 3 of this Agreement. Notice delivered by email shall be deemed given as of the date and time received by the INTERLOCAL AGREEMENT BETWEEN SNOHOMISH COUNTY AND THE CITY OF EDMONDS FOR CIVIC PARK IMPROVEMENTS 6 of 14 Packet Pg. 34 1.2.a recipient. 15. Miscellaneous. 15.1 Entire AgUeernenk; Amendment. This Agreement constitutes the entire agreement between the parties regarding the subject matter hereof, and supersedes any and all prior oral or written agreements between the parties regarding the subject matter contained herein. This Agreement may not be modified or amended in any manner except by a written document executed with the same formalities as required for this Agreement and signed by the party against whom such modification is sought to be enforced. 15.2 Conflicts between Attachments and Text. Should any conflicts exist between any attached exhibit or schedule and the text or main body of this Agreement, the text or main body of this Agreement shall prevail. 15.3 Governing Law and Venue. This Agreement shall be governed by and enforced in accordance with the laws of the State of Washington. The venue of any action arising out of this Agreement shall be in the Superior Court of the State of Washington, in and for Snohomish County. In the event that a lawsuit is instituted to enforce any provision of this Agreement, the prevailing party shall be entitled to recover all costs of such a lawsuit, including reasonable attorney's fees. 15.4 Interpretation. This Agreement and each of the terms and provisions of it are deemed to have been explicitly negotiated by the parties, and the language in all parts of this Agreement shall, in all cases, be construed according to its fair meaning and not strictly for or against either of the parties hereto. The captions and headings in this Agreement are used only for convenience and are not intended to affect the interpretation of the provisions of this Agreement. This Agreement shall be construed so that wherever applicable the use of the singular number shall include the plural number, and vice versa, and the use of any gender shall be applicable to all genders. 15.5 Severability. If any provision of this Agreement or the application thereof to any person or circumstance shall, for any reason and to any extent, be found invalid or unenforceable, the remainder of this Agreement and the application of that provision to other persons or circumstances shall not be affected thereby, but shall instead continue in full force and effect, to the extent permitted by law. 15.6 No Waiver. A party's forbearance or delay in exercising any right or remedy with respect to a Default by the other party under this Agreement shall not constitute a waiver of the Default at issue. Nor shall a waiver by either party of any particular Default constitute a waiver of any other Default or any similar future Default. 15.7 No Assignment. This Agreement shall not be assigned, either in whole or in part, by either party without the express written consent of the other party, which may be granted or withheld in such party's sole discretion. Any attempt to assign this INTERLOCAL AGREEMENT BETWEEN SNOHOMISH COUNTY AND THE CITY OF EDMONDS FOR CIVIC PARK IMPROVEMENTS 7 of 14 Packet Pg. 35 1.2.a Agreement in violation of the preceding. sentence shall be null and void and shall constitute a Default under this Agreement. 15.8 Warranty of Authority. Each of the signatories hereto warrants and represents that he or she is competent and authorized to enter into this Agreement on behalf of the party for whom he or she purports to sign this Agreement. 15.9 No Joint Venture. Nothing contained in this Agreement shall be construed as creating any type or manner of partnership, joint venture or other joint enterprise between the parties. 15.10 No Separate Entity Necessary. The parties agree that no separate legal or administrative entities are necessary to carry out this Agreement. 15.11 Ownership of Property. Except as expressly provided to the contrary in this Agreement, any real or personal property used or acquired by either party in connection with its performance under this Agreement will remain the sole property of such party, and the other party shall have no interest therein. 15.12 No Third Party Beneficiaries. This Agreement and each and every provision hereof is for the sole benefit of the City and the County. No other persons or parties shall be deemed to have any rights in, under or to this Agreement. 15.13 Execution in Counterparts. This Agreement may be executed in two or more counterparts, each of which shall constitute an original and all of which shall constitute one and the same agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written. COUNTY: CITY: Snohomish County, a political subdivision City of Edmonds, a Washington of the State of Washington municipal corporation 0 Name: Dave Somers Title: County Executive as to Form: Name: Dave Earling Title: Mayor Approved as to Form: Deputy rroseVVIn j Athr4ey Office of the City Attorney INTERLOCAL AGREEMENT BETWEEN SNOHOMISH COUNTY AND THE CITY OF EDMONDS FOR CIVIC PARK IMPROVEMENTS 8 of 14 Packet Pg. 36 1.2.a ATTACHMENT A Ordinance 16-094 INTERLOCAL AGREEMENT BETWEEN SNOHOMISH COUNTY AND THE CITY OF EDMONDS FOR CIVIC PARK IMPROVEMENTS 9 of 14 Packet Pg. 37 oaosossz 1 ADOPTED:11/14/16 2 EFFECTIVE:12/08/16 3 SNOHOMISH COUNTY COUNCIL 4 SNOHOMISH COUNTY, WASHINGTON 5 6 AMENDED ORDINANCE NO. 16-094 7 8 RELATING TO THE GROWTH MANAGEMENT ACT, ADOPTING THE 2017-2022 9 CAPITAL IMPROVEMENT PROGRAM AS PART OF THE SNOHOMISH COUNTY 10 CAPITAL FACILITIES PLAN 11 12 WHEREAS, the Growth Management Act (GMA), chapter 36.70A RCW, requires counties 13 to adopt, as part of a GMA comprehensive plan ("GMACP"), a capital facilities element that 14 includes a six -year plan providing for the financing of capital facilities within projected funding 15 capacities and clearly identifying sources of public money for such purposes; and 16 17 WHEREAS, Snohomish County (the "County") addresses this requirement by annually 18 adopting a capital improvement program as an adjunct to its annual budget; and 19 20 WHEREAS, GMA Goal 12, RCW 36.70A.020(12), regarding public facilities and services, 21 addresses the need to ensure the adequacy of public facilities and services to serve the 22 development at the time the development is available for occupancy and,without decreasing*the 23 current levels of service below locally established minimum standards; and 24 25 WHEREAS, RCW 36.70A.130(2)(a)(iv) allows the County to amend the GMACP more 26 frequently than once per year if the amendment is to the capital facilities element and occurs 27 concurrently with the adoption or amendment of the County's budget; and 23 29 WHEREAS, GMACP - General Policy Plan (GPP) Capital Facilities Objective 1.13 and 30 associated policies require the County to develop a six -year financing program for capital 31 facilities that meets the requirements of the GMA; and 32 33 WHEREAS, the Snohomish County Council (the "County Council") first adopted a capital 34 facilities plan as required by the GMA, the 1995-2000 Capital Plan, along with other mandatory 35 elements of Snohomish County's GMACP, on June 28, 1995; and 36 37 WHEREAS, on June 10, 2015, the County Council adopted the 2015 Comprehensive Plan 38 Update, which included reassessment and updates to the Land Use Element, Transportation 39 Element, Parks and Recreation Element, Capital Facilities Plan Element, Future Land Use Map, 40 and regulations and policies; and 41 42 WHEREAS, the 2015 Capital Facilities Plan Element ("2015 CFP") establishes minimum 43 level of service ("LOS") standards for those capital facilities necessary to support development 44 and provides an inventory of capital facilities and a forecast of future facility needs; and 45 46 WHEREAS, the 2015 CFP identifies the following public capital facilities as necessary to 47 support development: fire protection services, surface transportation, parks and recreation, 48 surface water management, electric power, schools, public wastewater, and public water 49 supply; and 50 AMENDED ORDINANCE NO. 16-094 RELATING TO THE GROWTH MANAGEMENT ACT, ADOPTING THE 2017-2022 CAPITAL IMPROVEMENT PROGRAM AS PART OF THE SNOHOMISH COUNTY CAPITAL FACILITIES PLAN - 1 Packet Pg. 38 1.2.a t WHEREAS, Snohomish County Code (SCC) 4.26.024 requires the Snohomish County 2 Executive, on an annual basis, to prepare a six -year capital improvement program for the next 3 six fiscal years pursuant to the Snohomish County Charter (the "County Charter") and the GMA; 4 and 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 WHEREAS, section 6.50 of the County Charter requires the County Council to adopt a six - year capital improvement program as an adjunct to the annual budget, including a balance of proposed expenses and potential revenue sources; and WHEREAS, the six -year capital improvement program is the document developed by the County to detail the funding sources for County capital projects over the next six years and assess whether funding sources and regulatory mechanisms are sufficient to maintain the minimum LOS for those capital facilities necessary to support development; and WHEREAS, pursuant to the County Charter and the SCC, the County Council plans to update its six -year capital improvement program concurrently with the 2017 budget process; and WHEREAS, the Snohomish County Planning Commission (the "Planning Commission") held a public hearing to consider the County's 2017-2022 Capital Improvement Program ("2017- 2022 CIP") on September 27, 2016; and WHEREAS, at the conclusion of the public hearing, the Planning Commission voted to recommend adoption of the 2017-2022 CIP as shown in its recommendation letter dated September 27, 2016; and WHEREAS, the County Council held a public hearing on November 14, 2016, to consider the Planning Commission's recommendations as well as public testimony on the 2017-2022 CIP; and WHEREAS, the County Council considered the 2017-2022 CIP, which is attached as Exhibit A, concurrently with the 2017 budget; and WHEREAS, the County Council considered the entire hearing record including the Planning Commission's recommendation and written and oral testimony submitted during the public hearings; NOW, THEREFORE, BE IT ORDAINED: Section 1. The County Council adopts the following findings in support of this ordinance: A. The foregoing recitals are adopted as findings as if set forth in full herein. B. The ordinance adopts the County's 2017-2022 CIP. C. The 2017-2022 CIP was developed for compliance with the following GMA requirements: 1. RCW 36.70A.070(3) "A capital facilities plan element consisting of: (a) An inventory of existing capital facilities owned by public entities, showing the AMENDED ORDINANCE NO. 16-094 RELATING TO THE GROWTH MANAGEMENT ACT, ADOPTING THE 2017-2022 CAPITAL IMPROVEMENT PROGRAM AS PART OF THE SNOHOMISH COUNTY CAPITAL FACILITIES PLAN - 2 Packet Pg. 39 1.2.a 1 locations and capacities of the capital facilities; (b) a forecast of the future needs 2 for such capital facilities; (c) the proposed locations and capacities of expanded 3 or new capital facilities; (d) at least a six -year plan that will finance such capital 4 facilities within projected funding capacities and clearly identifies sources of 5 public money for such purposes; and (e) a requirement to reassess the land use 6 element if probable funding falls short of meeting existing needs and to ensure 7 that the land use element, capital facilities plan element, and financing plan 8 within the capital facilities plan element are coordinated and consistent. Park and 9 recreation facilities shall be included in the capital facilities plan element." The 10 2017-2022 CIP includes a six -year financing plan for all of the County's capital 11 facilities. The 2017-2022 CIP also assesses the adequacy of funding and 12 regulatory mechanisms for those public capital facilities necessary to support 13 development to maintain their respective minimum level of service (LOS). 14 15 2. GMA planning Goal 12 (RCW 36.70A.020(12)) "Public facilities and services. 16 Ensure that those public facilities and services necessary to support 17 development shall be adequate to serve the development at the time the 18 development is available for occupancy and use without decreasing current 19 service levels below locally established minimum standards." The 2017-2022 CIP 20 specifies proposed funding sources_ for the planned capital facilities and contains 21 a "statement of assessment" which addresses the need for a reassessment of 22 land use or other comprehensive plan elements if there is a projected shortfall in 23 revenue (between.2017 and 2022) that causes the LOS for a facility classified as 24 necessary to support development to fall below the minimum level identified in 25 the capital facilities plan. The statement of assessment portion of the 2017-2022 26 CIP finds that there are no funding shortfalls or regulatory inadequacies that 27 would affect the ability to maintain the minimum LOS for those capital facilities 28 necessary to support development. 29 30 D. The 2017-2022 CIP was developed for consistency with Puget Sound Regional Council 31 Vision 2040 Multicounty Planning Policies (MPP) including: MPP-PS-2 "Time and phase 32 services and facilities to guide growth and development in a manner that supports the 33 regional vision." The County's CFP and the 2017-2022 CIP align with the regional vision 34 to direct growth into urban areas where adequate public infrastructure and services are 35 available or can be provided in an efficient manner by establishing minimum LOS for 36 those public capital facilities necessary to support development and by ensuring that 37 adequate funding and regulatory mechanisms are in place to maintain those minimum 38 LOS. 39 40 E. The 2017-2022 CIP was developed for consistency with Snohomish County Countywide 41 Planning Policy (CPP) PS-13 "Jurisdictions should adopt capital facilities plans, and 42 coordinate with other service providers, to provide the appropriate level of service to 43 support planned growth and development in Urban Growth Areas." The.2017-2022 CIP, 44 a component of the County's CFP, is developed through a coordinated and collaborate 45 process between the County and non -County service providers of public capital facilities 46 such as schools, water and sewer infrastructure and services, and electric power. 47 48 F. The 2017-2022 CIP was developed to comply with and implement the following County 49 directives: 50 AMENDED ORDINANCE NO. 16-094 RELATING TO THE GROWTH MANAGEMENT ACT, ADOPTING THE 2017-2022 CAPITAL IMPROVEMENT PROGRAM AS PART OF THE SNOHOMISH COUNTY CAPITAL FACILITIES PLAN - 3 Packet Pg. 40 1.2.a 1 1. Section 6.50 of the County Charter "...The county council in considering the 2 budget ordinance proposed by the county executive, may delete or add items, 3 may reduce or increase the proposed appropriations and may add provisions 4 restricting the expenditure of certain appropriations, provided that the county 5 council shall adopt a six (6) year capital improvement program as an adjunct to 6 the budget, including a balance of proposed expenses and potential revenue 7 sources." The County's annual capital improvement program, including the 2017- 8 2022 CIP, Is considered and adopted as part of the annual budget. 10 2. SCC 4.26.024 "The executive shall on an annual basis prepare a capital 11 improvement program for the next six fiscal years pursuant to the county charter 12 and chapter 36.70A RCK" The County's annual capital improvement programs, 13 including the 2017-2022 CIP, are developed for compliance with state and local 14 requirements, and is considered and adopted as part of the annual budget. w 15 16 3, GPP Objective CF 1.13 "Develop a six -year financing program for capital facilities •2 L) 17 that meets the requirements of the GMA, achieves the county's levels -of -service r 18 objectives for county roads and is within its financial capabilities to carry out." ; 19 The 2017-2022 CIP contains: 1) an adequate financing plan for all County capital 20 facilities, including those necessary to support development, 2) the minimum N 21 LOS for those capital facilities necessary to support development, including T) 22 roads and transit, and 3) a statement of assessment that finds adequate funding 0 23 and regulatory mechanisms in place to maintain the minimum LOS for those c 24 capital facilities necessary to support development. U) 25 J 26 G. The 2017-2022 CIP will comply with and implement the following goals, objectives, and 27 policies of the GPP because it is developed in coordination with other providers of public •2 28 capital facilities and it provides: 1) a six -year financing plan for all County and non- v 29 County capital facilities that identifies the funding sources, projects, and schedule, and J 30 2) an assessment of the adequacy of funding and regulatory mechanisms for those — 31 public capital facilities necessary to support development to maintain their established 32 minimum LOS: c 33 v 34 1. TR Policy 7.A.5 "A locally and regionally coordinated six -year program shall be 35 prepared that finances transportation improvements within projected funding C° 36 levels and clearly identifies sources of public money." c 37 N 38 2. PR Policy 3.A.1 "Apply a level -of -service method to: monitor the level -of -service 39 of park facilities necessary to support development; identify priority parks projects E 40 that are necessary to support development; and provide a basis for collecting 41 and allocating park impact mitigation fees." Q 42 43 3, Objective CIF 6.A "Update the six -year CIP to include a capital program to 44 efficiently provide quality work space for existing and projected future staffing 45 levels through the year 2035." 46 47 4, CIF Policy 1.13.1 "The county shall prepare and adopt, a six -year capital 48 improvement program (pursuant to County Charter) that identifies projects, 49 outlines a schedule, and designates realistic funding sources for all county 50 capital projects." AMENDED ORDINANCE NO. 16-094 RELATING TO THE GROWTH MANAGEMENT ACT, ADOPTING THE 2017-2022 CAPITAL IMPROVEMENT PROGRAM AS PART OF THE SNOHOMISH COUNTY CAPITAL FACILITIES PLAN - 4 Packet Pg. 41 1.2.a 1 2 5. Goal CF 9 "Coordinate with non -county facility providers such as cities and 3 special purpose districts to support the future land use pattern indicated by this 4 plan." 5 6 6. Objective CF 10.A "Assist school districts in developing capital facilities plans 7 that clearly depict levels of service and how they will serve existing and projected 8 student enrollments." 9 10 7. Goal CF 11 "Water supply systems shall provide sufficient fire flow, as 11 established by county development regulations, in order to provide protection at 12 a level of service commensurate with the planned intensity of future development 13 adopted in the comprehensive plan." 14 15 8. Goal UT 2 "Work with provider agencies of Snohomish County to help ensure the 16 availability of a reliable, high quality water supply for all households and 17 businesses within the county in a manner that is consistent with the 18 comprehensive plan and protection of the natural environment." 19 20 9. Goal UT 3 "Work with cities and special districts to produce coordinated 21 wastewater system plans for both incorporated and unincorporated areas within 22 UGAs that are consistent with the land use element and city plans." 23 24 10. Goal UT 4 "Assist electric utility providers in fulfilling their public service 25 obligations through planning for adequate system capacity to accommodate 26 forecasted growth in a manner that is consistent with the comprehensive plan 27 and protection of the natural environment." 28 29 H. Procedural requirements. 30 31 1. The proposal is a Type 3 legislative action pursuant to SCC 30.73.010, 32 33 2. The environmental impacts of this proposal are within the range of impacts 34 analyzed by the draft environmental impact statement (DEIS) and final 35 environmental impact statement (FEIS) during the update to the GMACP in 2015. 36 No new probable significant adverse environmental impacts from this ordinance 37 have been identified. Therefore, State Environmental Policy Act (SEPA) 38 requirements with respect to this non -project action have been met through 39 issuance on September 1, 2016, of Addendum No. 9 to the FEIS for the 2015 40 Comprehensive Plan Update. 41 42 3. Pursuant to RCW 36.70A.106(1), a notice of intent to adopt this ordinance was 43 transmitted to the Washington State Department of Commerce ("Commerce") for 44 distribution to state agencies on August 30, 2016. 45 46 4. The public participation process used in the adoption of this ordinance has 47 complied with all applicable requirements of the GMA and the SCC. 48 49 5. The Washington State Attorney General last issued an advisory memorandum, 50 as required by RCW 36.70A.370, in December of 2015 entitled "Advisory AMENDED ORDINANCE NO. 16-094 RELATING TO THE GROWTH MANAGEMENT ACT, ADOPTING THE 2017-2022 CAPITAL IMPROVEMENT PROGRAM AS PART OF THE SNOHOMISH COUNTY CAPITAL FACILITIES PLAN - 5 Packet Pg. 42 1.2.a 1 2 3 4 5 6 7 8 9 14 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 '33 34 35 36 37 38 39 40 41 42 43 44 45 Memorandum: Avoiding Unconstitutional Takings of Private Property" to help local governments avoid the unconstitutional taking of private property. The process outlined in the State Attorney General's 2015 advisory memorandum was used by Snohomish County in objectively evaluating the regulatory changes proposed by this ordinance. I. This ordinance is consistent with the record as set forth in PDS staff reports relating to this proposal dated August 9, 2016, and September 13, 2016. Section 2. The County Council makes the following conclusions: A. The 2017-2022 CIP is consistent with and complies with the procedural and substantive requirements of the GMA. B. The 2017-2022 CIP is consistent with and implements the MPPs, CPPs, and GPP. C. All SEPA requirements with respect to this non -project action have been satisfied. D. This proposal does not result in an unconstitutional taking of private property for a public purpose and does not violate substantive due process guarantees. Section 3, The County Council bases its findings and conclusions on the entire record of the Planning Commission and the County Council, including all testimony and exhibits. Any finding which should be deemed a conclusion, and any conclusion which should be deemed a finding, is hereby adopted as such. Section 4. The 2017-2022 CIP, attached hereto as Exhibit A and incorporated by reference to this ordinance, is hereby adopted as the six -year capital improvement program required by the GMA, County Charter, MPPs, CPPs, SCC, and GPP based on the foregoing findings of fact and conclusions. Section 5. The 2017-2022 CIP adopted by this ordinance supersedes all other County capital improvement programs. The 2017-2022 CIP shall control in the event of any inconsistency between the 2017-2022 CIP and any other capital improvement program adopted by the County. Section 6. Severability and Savings. If any section, sentence, clause or phrase of this ordinance shall be held to be invalid by the Growth Management Hearings Board, 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. Provided, however, that if any section, sentence, clause or phrase of this ordinance is held to be invalid by the Board or court of competent jurisdiction, then the section, sentence, clause or phrase in effect prior to the effective date of this ordinance shall be in full force and effect for that individual section, sentence, clause or phrase as if this ordinance had never been adopted. AMENDED ORDINANCE NO. 16-094 RELATING TO THE GROWTH MANAGEMENT ACT, ADOPTING THE 2017-2022 CAPITAL IMPROVEMENT PROGRAM AS PART OF THE SNOHOMISH COUNTY CAPITAL FACILITIES PLAN - 6 Packet Pg. 43 1.2.a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 PASSED this 141h day of November, 2016. SNOHOMISH COUNTY COUNCIL Snohomish County, Washington Chairperson 1 ATTEST: CleCle ath Council APPROVED DATE: # 2016 { } VETOED { j EMERGENCY A T: Approved as to form only: Deputy Prosecuting Attorney AMENDED ORDINANCE NO. 16-094 RELATING TO THE GROWTH MANAGEMENT ACT, ADOPTING THE 2017-2022 CAPITAL IMPROVEMENT PROGRAM AS PART OF THE SNOHOMISH COUNTY CAPITAL FACILITIES PLAN - 7 I Snohomish County Executive D-23 c w U .5 U r c 0 U T) E 0 0 c U) Q J U a J c 0 0 U 0 c Cn rn r O N r c m E U R r r Q Packet Pg. 44 1.2.a ATTACHMENT B Priority Package Detail INTERLOCAL AGREEMENT BETWEEN SNOHOMISH COUNTY AND THE CITY OF EDMONDS FOR CIVIC PARK IMPROVEMENTS 10 of 14 Packet Pg. 45 1.2.a Snohomish County 2019 Budget - Council Adopted 11/19/2018 Priority Package Detail Packaee Type CIP - Capital Department: 09 Parks And Recreation Short Name: 09 Parks City Partnerships Projects CIP Pkg PaSkage 1D #: 619 Cateeorw• Community Description: Replaces narrative of CITY PARTNERSHIPS in Community Parks CIP with detailed projects from each Snohomish County Council District; sets out $150,000 in funding for each district for a total of $750,000 for all projects. No change in total use of REST 2. CEDAR FIELD IMPROVEMENTS: Installation of artificial turf throughout the entire baseball field utilized for play. New field lighting will also be installed. Project is in partnerships with the City of Marysville. Prior Year Balance: $0 2019: $50,000 (REST 2) Future Years: $0 Project Start/End Date: 2019 TERRACE PARK IMPROVEMENTS: Addition of structured terraces for seating for special events at amphitheater as well as improved ADA accessibility. Project in partnership with the City of Arlington. Prior Year Balance: $0 2019: $40,000 (REST 2) Future Years: $0 Project Start/End Date: 2019 FRANK MASON PARK IMPROVEMENTS: Improvements to the existing gravel parking area to provide expanded parking, ADA accessibility, and improved water quality from parking lot runoff. Project in partnership with the City of Granite Falls. Prior Year Balance: $0 2019: $35,000 (REET 2) Future Years: $0 Project Start/End Date: 2019 WHITEHORSE PARK IMPROVEMENTS: Infrastructure improvements to support increased camping availability. Improvements to enhance park amenities. Project in partnership with Town of Darrington. Prior Year Balance: $0 2019: $25,000 (REST 2) Future Years: $0 Project Start/End Date: 2019 Mario, IDN 619 Page 82 of 88 Pages Fridq, Alarch 01, 2019 Packet Pg. 46 1.2.a Snohomish County 2019 Budget - Council Adopted 11/19/2018 Priority Package Detail Package Tyne CIP - Capital Department: 09 Parks And Recreation Short Name: 09 Parks City Partnerships Projects CIP Pkg Package ID #: 619 Category- Community HERON PARK IMPROVEMENTS: Improvement of playground equipment including swings, slides, and related items. Project is in partnership with the City of Mill Creek. Prior Year Balance: $0 2019: $150,000 (BEET 2) Future Years: $0 Project Start/End Date: 2019 LAKE TYE IMPROVEMENTS: Replacing grass with artificial turf for a multi -sport ball field. Project in partnership with the City of Monroe. Priory Year Balance: $0 2019: $150,000 (BEET 2) Future Years: $0 Project Start/End Date: 2019 CIVIC PARK IMPROVEMENTS: Funding towards various projects, including the addition of gathering plaza with a water feature, a walking path around the perimeter, a multi -use sport court and exercise equipment, a picnic area, and restroom. Project is in partnership with the City of Edmonds. Prior Year Balance: $0 2019: $150,000 (REET 2) Future Years: 2020 - $150,000 (REET 2); 2021 - $150,000 (BEET 2) Project Start/End Date: 2019 EVERETT PARKS PROJECT: Project in partnership with the City of Everett. Prior Year Balance: $0 2019: $80,000 (BEET 2) Future Years: $0 Project Start/End Date: 2019 MUKILTEO LITTLE LEAGUE: Field improvements. Project in partnership with City of Mukilteo. Prior Year Balance: $0 Priority IN 619 Page 83 of 88 Pages Friday, Alarch 01 2019 Packet Pg. 47 1.2.a Snohomish County 2019 Budget - Council Adopted 11/19/2018 Priority Package Detail Package Tvae CIP - Capital Department: 09 Parks And Recreation Short Name: 09 Parks City Partnerships Projects CIP Pkg Cateeorv- Community 2019: $50,000 (REST 2) Future Years: $0 Project Start/End Date: 2019 MLIKILTEO WATERFRONT PROMENADE: Project in partnership with City of Mukilteo. Prior Year Balance: $0 2019: $20,000 (REET 2) Future Years: $0 Project StarVEnd Date: 2019 Justification: SUMMARY EXPENDITURE/REVENUE/IFTE BY FUND: EXPENDITURE/NEW REVENUE DETAIL: P ck� a_ e� 619 CIP - Capital: Fund, SubFund-, Division, Program SubProgram 309 00t Parks Construction 9M5 Parks And Recreation - `L4 Community _ 0M City Parks Bond Category: 2019 2020 2021 2022 2023 2024 _ _ :309,51094403325211 _ City Prks-Pass Thru Fnds-R _ $150,000 1 $150,000 $150,000 $0 $0 s0 309.51094403325211 City Prks-Pass Thru Fnds-R s150,00D s0 s0 s0 $0 so 09.51094403325211 ,City Prks-Pass Thin Fnds-R $1501000 $0 $0 $0 $0 $0 09,51094403325211 (City Prks-Pass Thru Fnds-R $150,000 $0 w $0 $0 $0 s0 309.51 D94403325211 3fl9.51094403325211 City Prks-Pass Thru Fnds-R Jbity PrkS-Pass Thru Fnds-R $150,000 s0 {_ E s0 $0 $0 s0 (s750,000) SO $0 s0 $0 s0 Program Totals; L T _ $0 $1515,000 $150,000 s0 s0 s0 j GRAND TOTAL - CIP EXPENDITURES: $0 T 1 >i150,ooti T $15010-oo �—$ 0 _ 7 _ $0 $O CIP - Funding Source: Funding Source 2019 2020 2021 2022 2023 2024 $150,pQD - s0 s0 $0 GRAND TOTAL - CIP REVENUES: �R _r $150,000 +$'li5Q,0QQ �^ SO sQ� Priority 100 619 Page 84 of 88 Pages Friday Alarch 01, :019 Packet Pg. 48 1.2.a ATTACHMENT C WRITTEN REQUEST FOR COUNTY FUNDS INTERLOCAL AGREEMENT BETWEEN SNOHOMISH COUNTY AND THE CITY OF EDMONDS FOR CIVIC PARK IMPROVEMENTS 11 of 14 Packet Pg. 49 1.2.a City of Edmonds Snohomish County Funding Request September 2018 The City of Edmonds seeks to partner with Snohomish County to create a downtown signature park, a community gathering area for this generation and generations to follow, at the recently acquired Civic Park. This request is for $1M to help support a $12M total investment for the Edmonds community. The City realizes this is a large request, and would like to work with the County to try to make this a reality. The City is also flexible in receiving these funds over multiple years ( i.e. 2019, 2020, and 2021). This opportunity is a chance to create a legacy. Civic Center Park is an eight acre park in the heart of downtown Edmonds that straddles the boundary between residences, civic amenities and the downtown commercial district. Well -loved and used by residents of all ages, it is home to the Boys and Girls Club, the Petanque Club, athletic fields, a playground, a skatepark, tennis courts and several of Edmonds largest annual festivals such as the Taste of Edmonds and the 4th of July Fireworks. The redevelopment of this site will upgrade these amenities, and add a gathering plaza area with a water feature, walking path around the perimeter, multi use sport court and exercise equipment, a picnic area, restroom, and a welcoming civic edge, bringing a sense of community to what currently exists as a somewhat fragmented area. Originally the Edmonds High School sports facility in the 1930's, the site has served as a recreational and event space for decades while the population of Edmonds has continued to grow and develop around it. The City has been operating and maintaining the property for public use since 1975, with no investment of capital funds and little change to the layout since its former use by Edmonds High School. In the 2014 Parks, Recreation and Open Space Plan (PROS Plan), Civic Center Park was identified as a key asset and securing the park, that had been leased from the Edmonds School District for 40 years, was deemed a priority. In direct response, the City of Edmonds acquired the property in the fall of 2015 with grant assistance from the Washington State Recreation Conservation Office and the Snohomish Conservation Futures Program, thereby ensuring that the site will remain accessible to the community, providing both passive and active recreation, and creating a community hub. Urban parks serve as critical public places for recreation and civic engagement, essential to quality of life in city centers. Parks help provide solutions to a myriad of community interests: providing healthy places to exercise, creating a sense of community, hosting large events and festivals, managing stormwater runoff and helping clean the air, catalyzing economic and community development, and providing safe, close to home recreation options. Parks play a vital role in a community; from gathering areas, nature trails, places for physical activity and festivals, they provide opportunities for increased quality of life. They also provide valuable health benefits to communities. Nearly 40 years of research evidence confirms that nearby nature, including parks, gardens, urban forests and green spaces support human health and wellness (www.greenhealth.washington.edu). Key downtown parks have the potential to Packet Pg. 50 1.2.a function as a nucleus of neighborhood and city activity, where residents can gather for social events, recreational activities, and meetings about community issues, increasing social interaction and creating a sense of place. The City of Edmonds elected officials and citizens had the foresight to focus on this priority, namely acquiring and planning Civic Park. This gem in downtown Edmonds is prime for a signature park, a legacy, for current and future generations. It is unique that such an old city, steeped in history, built out to the seams has an opportunity to create an 8 acre park in the downtown core. One could liken this opportunity to the Olmsted vision, including Central Park in New York, parks all over Boston, and key signature parks in Seattle. This property was identified in the comprehensive plan in the 1970's. The goal: acquire this land and create a downtown park. Today, this goal is closer to reality. This park development has the potential to represent a standard of excellence for the community, region, and country. Over the past year, thousands of Edmonds residents, the Mayor, the Planning Board and City Council have all been part of a robust community conversation about what this park could be for Edmonds. The City Council adopted a final master plan for the park in February of 2017. The adopted plan includes both active and passive spaces, areas for community events and festivals, walking paths, meandering paths and connections to the downtown, large grassy open field for sports or drop in gathering areas, a skate park, petanque courts, play area, tennis court and a multi -use sport court and picnic area. This adopted plan and the future park will improve the sense of community in Edmonds. It will be used as a hub, a community gathering area, a place to connect for both young and old. This centrally located downtown site is a valued asset in this community. On any given day or evening, one can see upward of 100 people enjoying the park. I recently wandered over to Civic Park just to feel the ambiance. I stood there and heard kids laughing, coaches teaching, mom's encouraging their young ones, elders cheering when there was a good shot on the petanque courts, teens breathing hard as they sprinted around the track, girls giving praise to their soccer teammates, skateboards gliding over the cement surfaces, parents gathered in chairs talking as they watch their kids playing flag football. I can only imagine what this park will bring with its redevelopment and added amenities and the creation of a sense of place. President Lyndon B Johnson once said, " If future generations are to remember us with gratitude rather than contempt, we must leave them something more than the miracles of technology. We must leave them a glimpse of the world as it was in the beginning, not just after we got through with it." This park will honor the legacy that was left by Hazel Miller. It will leave an indelible mark on this community. Packet Pg. 51 1.2.a ATTACHMENT D DESCRIPTION OF PROJECT INTERLOCAL AGREEMENT BETWEEN SNOHOMISH COUNTY AND THE CITY OF EDMONDS FOR CIVIC PARK IMPROVEMENTS 12 of 14 Packet Pg. 52 1.2.a Civic Park Downtown Edmonds PROJECT DESCRIPTION: Civic Center Park is an eight acre park in the heart of downtown Edmonds I that straddles the boundary between residences, civic amenities and the downtown commercial district. w'ell- loved and used by residents of all ages, it is home to the Boys and Girls Club, the Petanque Club, athletic fields, a playground, a skatepark, tennis courts and several of Edmonds largest annual festivals such as the Taste of Ed- monds and the 4th of July Fireworks. The redevelopment of this site will upgrade these amenities, and add a gathering plaza area with a water feature, walking path around the perimeter, multi use sport court. and exercise equipment, a picnic area, restroom, and a welcoming civic edge, bringing a sense of community to what current- ly exists as a somewhat fragmented area. PIJRIPOSEAFED: This park redevelopment will play a vital role in a community; -From offering gathering areas, nature trails, places for physical activity and festivals. it will provide op- portunities for increased quality of life. It will have a direct economic impact to downtown Edmonds, as it will attract thousands of visitors each year and is in close proximity to retail imd restaurants. To date. the City of Edmonds has invested approxi- mately $1.5 million into the purchase, master plan and early design for the project. The City- of h;dmonds is aggressively seeking funds from public. private and the city Is capital funds. To date approximately $5 million of the estimated $12 million has heen raised. �a c w .2 c O U t T) 0 L O c U) Q J U .5 U Q J_ C 7 O U O C 0 N r c m M U R r r Q Packet Pg. 53 1.2.a ATTACHMENT E DESCRIPTION OF PROPERTY AND PROOF OF CITY OWNERSHIP OF PROPERTY INTERLOCAL AGREEMENT BETWEEN SNOHOMISH COUNTY AND THE CITY OF EDMONDS FOR CIVIC PARK IMPROVEMENTS 13 of 14 Packet Pg. 54 RECEIVED lt`q 1.2.a MAR 16 2016 Return Address 1-21 Y\fV . 4- rx==iUMcf ?D Document Title(s) (or transactions contained therein): 1. Statutory Warranty Deed ql MI IIII'#I IA Itl GII NI tll IIN HII III VII II NGTON � 0 � T c z z Reference Number(s) of Documents assigned or released: N/A (on page _ of documents(s)) Grantor(s) (Last name first, then first name and initials): 1. Edmonds School District No. 15 W 9—&)0M%Sh 0DJ" 2. Additional names on page — of document. Grantee(s) (Last name first, then first name and initials): 1. City of Edmonds 2. Additional names on page _, of document. Legal description (abbreviated: i.e. lot, block, plat or section, township, range) Lots 1-20, Blk 99, Lots 1-40, Blk 100 and Lots 21-40, Blk 101, City of Edmonds, V 2, P 39-39A, records of Snohomish County Full legal is on page 3_ of document. Assessor's Property Tax ParceVAccount Numbers 004342-099-001-00 004342-100-000-00 004342-101-021-00 00358-0859/129513952.1 Packet Pg. 55 1.2.a STATUTORY WARRANTY DEED Grantor, EDMONDS SCHOOL DISTRICT NO. 15fa Washington municipal corporation, for and in consideration of Ten Dollars ($10) in hand paid and other good and valuable consideration, receipt of which is hereby acknowledged, conveys and warrants to THE CITY OF EDMONDS, a Washington municipal corporation, that certain real property located in the City of Edmonds, Snohomish County, Washington, more particularly described on EXHIBIT A attached hereto and incorporated herein by reference, subject to the matters shown on EXHIBIT B attached hereto and incorporated herein by reference. Dated this 3r—day of �' , 2016. +�cR-Or'c CAS a Grantor: EDMONDS SCHOO STRICT NO. 15 By: Nick JrAssoit, Su Intendent -1- 00358-0859/129513952.1 Packet Pg. 56 1.2.a STATE OF WASHINGTON ) ) ss. COUNTY OFa h .,, ;� ) On this Sri day of2016, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Nick Brossoit, to me known to be the person who signed as Superintendent of EDMONDS SCHOOL DISTRICT NO. 15, the municipal corporation that executed the within and Foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said municipal corporation for the uses and purposes therein mentioned, and on oath stated that he was duly elected, qualified and acting as said Superintendent of the municipal corporation and that he was authorized to execute said instrument. IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. (Signature of Notary) (Print or stamp name of Notary) R'��aiatv;'r[; NOTARY PUBLIC in and for the State �.p`��` of Washington, residing at 6 n' r $ k %ai% My appointment expires: PUIBL1G OF -2- 00358-0859/129513952,1 Packet Pg. 57 1.2.a E7i®1T A TO DEED Led Description Lots 1 through 20, inclusive, Block 99, Lots 1 through 40, inclusive, Block 100, and Lots 21 through 40, inclusive, Block 101, City of Edmonds, according to the Plat thereof recorded in Volume 2 of Plats, pages 39 and 39A, records of Snohomish County, Washington. _3_ 00358-0859/129513952.1 Packet Pg. 58 1.2.a EXHIBIT B TO DEED Title Exceptions Matters which would be disclosed by an inspection and/or survey of the property. -4- 00358-0859/129513952.1 C �a C w U r C O U t N E O t O C U) Q J V U Q J_ C 7 O U O C r O N r C d E t V R a+ a+ Q Packet Pg. 59 1.2.a ATTACHMENT F CITY'S ROLE IN THE PLANNING, DESIGN, CONSTRUCTION, MAINTENANCE, AND OPERATION OF THE PROJECT INTERLOCAL AGREEMENT BETWEEN SNOHOMISH COUNTY AND THE CITY OF EDMONDS FOR CIVIC PARK IMPROVEMENTS 14 of 14 Packet Pg. 60 1.2.a CITY OF EDMOND S 121 5TH AVENUE NORTH • EDMONDS, WA 98020 • 425-771-0220 • FAX 425-672-5750 Websile: www.edmondswa.gov Parks, Recreation and Cultural Services Department DAVE EARLING MAYOR ATTACHMENT F — CITY'S ROLE IN PLANNING/DESIGN/MAINTENANCE/OPERATIONS OF THE PROJECT This attachment is to acknowledge that the City of Edmonds will work with the local community in the planning and design of Civic Park development. Once designed and constructed, the City of Edmonds will take responsibility in the maintenance and operations of Civic Park. Sincerely, 0"-, '� Carrie S. Hite City of Edmonds Parks, Recreation, and Cultural Services Director 700 Main Street Edmonds, Washington 98020 Packet Pg. 61 1.3 City Council Agenda Item Meeting Date: 05/14/2019 Presentation of a Supplemental Agreement with BHC Consultants for the Dayton Street Utility Replacement Project Staff Lead: Rob English Department: Engineering Preparer: Megan Luttrell Background/History On April 5, 2016, Council authorized the Mayor to sign the consultant contract for BHC Consultants to provide design engineering services for the Dayton Street Utility Replacement Projects (3d to 9t" Ave.) On May 16, 2017, Council authorized the Mayor to sign Supplement No. 1 with BHC to provide additional design engineering services for construction of a new sidewalk between 71" & 8t" Ave in the Dayton Street Utility Replacement Project. Staff Recommendation Forward this item to the May 215Y consent agenda for Council approval. Narrative The City completed a drainage study for the North Shellabarger Sub basin. The results of the study show that various drainage pipe improvements will be needed in order to address drainage issues along Dayton St and throughout the rest of the study's basin. In addition, Water and Sewer comprehensive plans completed in 2010 and 2013 respectively show the need for replacement and/or upsizing of utilities in the downtown core either due to age, increased maintenance needs and/or additional flow needs. Since there is a need to replace/upgrade most of the utilities along the Dayton St. alignment, City staff has concluded that a comprehensive utility replacement project be completed along Dayton St. from about V to 9th. The supplement adds the following tasks: Design revisions to the waterline replacement that lower the overall project construction costs and minimize water service interruptions to local businesses. Generating a potholing plan for existing underground utilities to mitigate the possibility that proposed utilities do not conflict. Revision to the design and cost estimates that adds the design for sewermain replacement in the alley between 5t" and 4tn Revisions to the project specification documents to reflect unforeseen changes to the WSDOT specifications and updates to the Edmonds standard details. Dividing the project into two phases to help minimize impact to local businesses. Additional effort for record drawings, design management, and schedule time to cover the additional work listed above. Packet Pg. 62 1.3 The total cost of Supplement No. 2 is $64,000 and will be funded via the water, sewer and storm utility funds. Attachments: BHC Supplemental Agreement Packet Pg. 63 1.3.a CITY OF EDMONDS 121 5T" AVENUE NORTH • EDMONDS, WA 98020 • 425-771-0220 • FAX 425-672-5750 Website: www.edmondswa.gov PUBLIC WORKS DEPARTMENT Engineering Division DAVE EARLING MAYOR SUPPLEMENTAL AGREEMENT 2 TO PROFESSIONAL SERVICES AGREEMENT Dayton Street Utility Replacement Project (311 Ave to 9` Ave) WHEREAS, the City of Edmonds, Washington, hereinafter referred to as the "City", and BHC Consultants, LLC, hereinafter referred to as the "Consultant", entered into an underlying agreement for design, engineering and consulting services with respect to a project known as Dayton Street Utility Replacement Project (3rd Ave to 9` Ave) Project, dated May 3, 2016 and amended May 23, 2017; and WHEREAS, additional tasks to the original Scope of Work have been identified; NOW, THEREFORE, In consideration of mutual benefits occurring, it is agreed by and between the parties thereto as follows: 1. The underlying Agreement of May 3, 2016 between the parties as amended by Supplemental Agreement No. 1, dated May 23, 2017 incorporated by this reference as fully as if herein set forth, is amended in, but only in, the following respects: 1.1 Scope of Work. The Scope of Work set forth in the underlying agreement, as amended by Supplemental Agreement No. 1, shall be further amended to include the additional services and material necessary to accomplish the stated objectives as outlined in the attached Exhibit A incorporated by this reference as fully as if herein set forth. 1.2 The $496,800 amount set forth in paragraph 2A of the underlying Agreement and stated as an amount which shall not be exceeded, which was increased by $29,220, by the Supplemental Agreement No. 1, is hereby amended to include an additional not to exceed amount of $64,000 for the additional scope of work identified in Exhibit A to this supplemental agreement. As a result of this supplemental agreement, the total contract amount is increased to a new total not -to -exceed amount of $590,020 ($496,800 plus $29,220 plus $64,000). 1.3 Exhibit B to the underlying agreement, as amended by Supplemental Agreement No. 1, consisting of the rate and cost reimbursement schedule is hereby amended to include the form set forth on the attached Exhibit B to this Supplemental Agreement No. 2, incorporated by this reference as fully as if herein set forth. Packet Pg. 64 1.3.a 2. In all other respects, the underlying agreement between the parties shall remain in full force and effect, amended as set forth in Supplemental Agreements Nos. 1 and 2 but only as set forth herein. DONE this CITY OF EDMONDS Bv: Mayor David O. Earling day of , 20 ATTEST/AUTHENTICATE: Scott Passey, City Clerk APPROVED AS TO FORM: Office of the City Attorney BHC CONSULTANTS, LLC By: _ Title: \\edmw-deptfs\Engineering\StafflMegan\Engineering AdminTROJECTS\E5M.Dayton St. Utility Replacement 3rd to 9th\BHC.Supp 2.doc Packet Pg. 65 1.3.a STATE OF WASHINGTON ) )ss COUNTY OF ) On this day of , 20 , before me, the under -signed, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared , to me known to be the of the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. WITNESS my hand and official seal hereto affixed the day and year first above written. NOTARY PUBLIC My commission expires: \\edmw-deptfs\Engineering\StafflMegan\Engineering AdminTROJECTS\E5M.Dayton St. Utility Replacement 3rd to 9th\BHC.Supp 2.doc Packet Pg. 66 1.3.a EXHIBIT A SCOPE OF SERVICES CITY OF EDMONDS DAYTON STREET UTILITY REPLACEMENT PROJECT (3RD AVE to 9th AVE) CONSULTANT SERVICES AMENDMENT NO. 2 April 1, 2019 The City of Edmonds (City) hired BHC Consultants, LLC (BHC) to provide engineering services pertaining to the design and construction of the Dayton Street Utility Replacement Project (3rd Avenue to 9th Avenue). The project improvements included the replacement of the City's water, sanitary sewer, and stormwater systems; limited ADA curb ramp improvements; as well as the restoration of existing streetscape features disturbed as part of the utility replacement along Dayton Street, from 3rd Avenue South to 9th Avenue South. Restoration requirements generally consist of in -kind replacement of areas disturbed by the utility installation. In addition, new sidewalks are being extended along Dayton Street from 71h Avenue South to 81h Avenue South (Amendment #1). During the design phase of the project, the City of Edmonds requested additional services from BHC Consultants, LLC (BHC). These services are described as follows: Scope of Additional Services Task 9 — Franchise Utilities and WSDOT Coordination 9.1 Additional Services to Prepare Potholing Plan At the City's request, we developed a potholing plan for the project, which the City then used to coordinate with the dry utilities to obtain subsurface information on the locations of the dry utilities. Developing a pothole plan or obtaining pothole information was excluded from the original scope of services. BHC spent $6,560 developing the pothole plan. Based on negotiations with the City, BHC agreed to split that cost evenly with the City. Task 11 — Final design and Preparation of Bid Documents 11.1 Additional Water Main Alignment Design Efforts The conceptual water main design (30%) was based on installing the proposed water main parallel to the existing main and then abandoning the existing main in place. Based on directions provided by the City, the design was revised to an "in -kind" replacement for the 60% design submittal. This decision was subsequently reversed between the 60% and 90% design stages to shift back to a parallel alignment. BHC incurred additional costs associated with making the changes to the water main design to accommodate the shifts. These costs included engineering and drafting efforts to show the revised alignments on the water main design sheets City of Edmonds Page 1 Dayton Street Utility Replacement Project April 1, 2019 Supplemental Consultant Services No. 2 Packet Pg. 67 1.3.a as well as the other design sheets (demolition, sewer, storm, and restoration). Additional engineering costs were also incurred to compute crossing inverts and to check for conflicts with other utilities. 11.2 Additional Updates to the City's Standard Details The City updated its standard details between the 60% and 90% design submittal stages of the project. BHC incurred additional costs to download the new/revised details and to incorporate them into the design drawings. This impacted 8 drawings. 11.3 Additional Updates to the WSDOT Standard Specifications The original scope assumed BHC would be using the 2016 WSDOT Standard Specifications. However, since construction won't occur until the springs/summers of 2019 and 2020, the City instructed BHC to update the project specifications to the 2018 WSDOT Standard Specifications. This conversion occurred between the 60% and 90% design submittal stages of the project, after BHC had already updated the City's Special Provisions to conform to the 2016 WSDOT Standard Specifications. The conversion required BHC to check the Project's Special Provisions against WSDOT's General Special Provisions to avoid conflicts and to address new provisions in the 2018 WSDOT Standard Specifications. 11.4 Addition of the Alley Sewers designed by Murraysmith At the City's request, BHC added the Alley Sewers designed by MSA to the project. This required additional management and coordination with MSA and modifications to the general sheets to reflect the alley sewer design. We also had to modify the specifications and the opinions of probable construction costs to incorporate the additional sewers. Additional costs were also incurred to integrate the Alley Sewer sheets into the design submittals. 11.5 Additional Bid Schedules The original scope envisioned one bid schedule for each utility (sewer, water, and storm) and a fourth bid schedule for the restoration. The City's decision to split the project into two phases doubled the number of schedules. BHC was then informed the Alley Sewer improvements designed by MSA and the sidewalk improvements between 7th and 8th needed to be tracked under separate schedules, bringing the total to 10 separate bid schedules. The additional schedules require more effort and accounting to develop and track the various bid items in the OPCC and in the Proposal section of the Project Specifications. 11.6 Credit for Re -issuing 60% Design Submittal The original 60% design submittal was made with documents that were subsequently determined to not be at the 60% design stage. BHC subsequently resubmitted refined documents about four months later. This credit covers costs previously billed to the City associated with compiling the 60% resubmittal. City of Edmonds Page 2 Dayton Street Utility Replacement Project April 1, 2019 Supplemental Consultant Services No. 2 Packet Pg. 68 1.3.a Task 12 — Assistance During Bid Period 12.1 Additional Labor Costs for Assistance During Bid Period The original scope assumed the project would be completed by December 31, 2018 and the budgeted labor rates reflected that completion date. The Project was advertised for bids in February 2019 with the bid opening occurring on March 12, 2019. The extended schedule resulted in BHC's labor rates being higher than the factors that were built into the original budget. This amendment accounts for that increase. Task 13 — Support during Construction 13.1 Additional Labor Costs Due to an Extended Project Schedule The original scope assumed construction would be completed by December 31, 2018 and the budgeted labor rates reflected that completion date. Construction is now scheduled to occur in 2019 and 2020 to minimize impacts to community activities in the project vicinity. The extended schedule has resulted in BHC's labor rates becoming higher than the factors that were built into the original budget. This amendment amount accounts for those increased labor rates and assumes construction will be completed by September 2020. Task 16 — Project Management 16.1 Additional Labor Costs for Managing Staff/Subconsultants The original scope assumed the project would be completed by December 31, 2018 and the budgeted labor rates reflected that completion date. Construction is now scheduled to be completed in 2019 and 2020 to minimize impacts to community activities in the project vicinity. The extended schedule has resulted in increased project management costs and BHC's labor rates becoming higher than the factors that were built into the original budget. This amendment amount accounts for those increased labor rates and extended project management costs through September 2020. Task 17 — Record Drawings 17.1 Additional Labor Costs to Prepare Record Drawings The original scope assumed the record drawings would be prepared by December 31, 2018 and the budgeted labor rates reflected that completion date. With construction now scheduled for 2019 and 2020, preparation of the record drawings will not occur until late 2020. The extended schedule has resulted in BHC's labor rates becoming higher than the factors that were built into the original budget. This amendment amount accounts for those increased labor rates and assumes the record drawings will be completed before the end of 2020. City of Edmonds Page 3 Dayton Street Utility Replacement Project April 1, 2019 Supplemental Consultant Services No. 2 Packet Pg. 69 Exhibit B-Am EXHIBIT B FEE ESTIMATE CITY OF EDMONDS DAYTON STREET UTILITY REPLACEMENT (3RD AVENUE to 9TH AVENUE) CONSULTANT SERVICES AMENDMENT NO. 2 April 1, 2019 Task Task Description Original Budget Amendment #1 Revised Budget Amendment #2 Revised Budget 1 Project Development $2,734 $2,734 $2,734 2 Information Research, Collection and Review/Kick-Off Meeting $6,834 $6,834 $6,834 3 Conceptual Design and Alternatives Analysis $17,126 $17,126 $17,126 4 ADA Assessment $18,305 $18,305 $18,305 5 Preliminary Engineering and Design (30%) $38,617 $38,617 $38,617 6 Geotechnical Investigation/Engineering Services $33,978 $33,978 $33,978 7 Stormwater Compliance Report $6,923 $6,923 $6,923 8 Cultural Resources Assessment $3,749 $3,749 $3,749 9 Fanchise Utilities and WSDOT Coordination $3,019 $3,019 $6,299 9.1 Additional Services to Prepare Potholing Plan $3,280 10 Public Information and Outreach $41,240 $41,240 $41,240 11 Final Design and Prep. Of Bid Documents $214,239 $214,239 $263,859 11.1 Additonal Water Main Alignment Design Efforts $0 $30,430 11.2 Additonal Updates to the City's Standard Details $0 $1,660 11.3 Additional Updates to the WSDOT Standard Specifications $0 $6,760 11.4 Addition of the Alley Sewers Designed by MSA $0 $4,400 11.5 Additional Bid Schedules $0 $9,300 11.6 Credit for Re -Issuing the 60% Design Submittal $0 ($2,930) 12 Assisance During Bid Period (Limited) $2,672 $2,672 $3,802 12.1 Additonal Labor Costs for Assistance During Bid Period $0 $1,130 13 Support During Construction (Limited) $17,745 $17,745 $21,315 13.1 Additonal Labor Costs for Assistance During Construction $0 $3,570 14 Communication/Coordination/Meeting(s) $26,010 $26,010 $26,010 15 Quality Assurance/Quality Control $6,569 $6,569 $6,569 16 Project Management $20,900 $20,900 $24,890 16.1 Additonal Labor Costs for Managing Staff/Subconsultants $0 $3,990 17 Record Drawings $6,140 $6,140 $8,550 17.1 Additonal Labor Costs to Prepare Record Drawings $0 $2,410 18 Sidewalk Improvements - 7th Avenue to 8th Avenue $0 $29,220 $29,220 $29,220 Management Reserve $30,000 $30,000 $30,000 Total Budget $496 800 $29,220 $526 020 $64 000 $590 020 S:\Projects\Edmonds\Dayton Street Utility Replacement Project\2_PM\Scoping\Amendment No. 2\Amendment No. 2 Detail.xlsx Packet Pg. 70 1.4 City Council Agenda Item Meeting Date: 05/14/2019 Briefing of the 2020-2025 Six -Year Transportation Improvement Program Staff Lead: Rob English Department: Engineering Preparer: Megan Luttrell Background/History None. Staff Recommendation This item is scheduled for a Public Hearing and Presentation on May 21, 2019. Narrative The Six Year Transportation Improvement Program (TIP) is a transportation planning document that identifies funded, partially funded, and unfunded projects that are planned or needed over the next six calendar years. The TIP also identifies the expenditures and secured or reasonably expected revenues for each of the projects included in the TIP. The City practice in preparing the TIP each year has been to keep it financially constrained the first 3 years (2020-2022), but not the last 3 years (2023-2025). RCW 35.77.010 and 36.81.121 require that each city update and adopt their TIP prior to adoption of the budget. A copy of the adopted TIP will be submitted to the Puget Sound Regional Council, Washington State Department of Transportation, and adjacent jurisdictions after it has been approved by City Council. Some of the projects in the TIP are shown as funded through secured or unsecured State and Federal grants, as well as from the local funds. Due to a shortfall in transportation funding, a number of unsecured State and Federal transportation grants have been programmed to fund projects beginning in 2022. Most transportation grants are competitive, and the success of how many grants are secured in the future will depend on other transportation needs and funding requests in the region. Projects not identified in this document may not be eligible for State and Federal funding. The majority of projects in the 2020-2025 TIP are identified in the 2015 Transportation Plan. This overview serves as an introduction to the 2020-2025 TIP and a Public Hearing is scheduled for the May 21, 2019 City Council meeting. Attachments: Draft Six -Year (2020-2025) TIP Resolution for TIP 2020-2025 Packet Pg. 71 1.4.a City of Edmonds Six Year Transportation Improvement Program (2020-2025) Grant Opportunity Project (2020-2025) Project Name Purpose Phase(s) Total Cost Source(s) 2020 2021 2022 2023 2024 2025 New Projects not in 2019-2024 TIP New Projects (not in 2019-2024 TIP) & recently submitted grant Secured grant funding shown in last ear's TIP Recently secured Grant not shown in last ear's TIP Preservation/Maintenance Projects: 1. Annual Street Preservation Program Grind pavement, overlay, chip seal, and slurry seal Possible Grant & Local Funds Engineering & Construction $750,000 (Federal, unsecured) (Fund 125, Fund 126) Local, unidentified $700,000 $700,000 $700,000 $105,000 $700,000 $1,420,000 $645,000 $700,000 $1,486,000 $700,000 $1,500,000 $4,200,000 $4,406,000 2. 76th Ave. W Overlay from 196th St. SW to Olympic View Dr. Grind pavement, overlay the west side of 76th Ave. W. Lynnwood will be completing the east side of the street within their jurisdiction). Secured Grant & Local Funds Engineering & Construction $645,000 (Federal, secured) (State) Local, General Fund $105,000 $45,000 $540,000 $310,000 $0 $355,000 3. 84th Ave. W Overlay from 220th St. SW to 212th St. SW Grind pavement, overlay, and stormwater improvements Secured grant & Local Funds Construction $10,000 (Federal, secured) (State) (Local, Fund 422) Local, General Fund $10,000 $2,000 $0 $0 $2,000 4. Citywide Signal Improvements Upgrade traffic signal cabinets and improve technology Local Funds Engineering & Construction $0 (Federal) (State) Local $70,000 $70,000 $70,000 $0 $210,000 5. Puget Dr. @ OVD Signal Upgrades Upgrade traffic signal Possible grant & Local Funds Engineering & Construction $250,000 (Federal, unsecured) (State) (Local) $37,500 $37,500 $212,500 $212,500 $0 $250,000 6. 100th Ave. W @ 238th St. SW Signal Upgrades Rebuild traffic signal system with new signal mast arms, cabinet, and video detection Possible Grant Engineering & Construction $0 (Federal) (State, unsecured) Local $765,000 $765,000 $0 7. Main St. @ 3rd Signal Upgrades Upgrade traffic signal Possible grant & Local Funds Engineering & Construction $287,500 (Federal, unsecured) (State) Local $37,500 $37,500 $250,000 $50,000 $0 $87,500 TOTAL $712,000 $850,000 $1,550,000 $3,135,000 $3,401,000 $2,570,000 Safety / Capacity Projects: 8. Interim SR-99 Safety Improvements Install C-Curb along the entire corridor in order to improve corridor safety (restrict left turns to / from two-way left turn lane onto private driveways). Secured Grant Construction $0 (Federal, unsecured) (State, secured) (Fund 125, Fund 126) $750,000 $750,000 $0 9. SR-99 Gateway / Revitalization Install gateway elements and safety improvements along entire SR-99 Corridor. Project has been divided in 7 segments due to the high total project cost. Secured Grant, Possible Grant, and Local Funds Engineering ROW, & Construction $23,750,000 (Federal, unsecured) (State, secured) Fund 125, Fund 126 $500,000 $290,000 $1,000,000 $1,000,000 $1,250,000 $2,000,000 $1,500,000 $2,000,000 $9,000,000 $3,500,000 $10,500,00( $8,500,000 $290,000 10. 76th Ave. W @ 220th St. SW Intersection Improvements Re -design intersection to reduce intersection delay and improve level of service (LOS). Various utility improvements are also included in the project. Secvured Grant, Possible Grant, & Local Funds Design, ROW, & Construction $5,929,000 (Federal, unsecured) (Federal,secured) (Local) $702,000 $298,000 $429,000 $142,000 $5,500,000 $737,000 $702,000 $1,177,000 11. 228th St. SW. from Hwy. 99 to 95th PI. W Widen roadway to add two-way left turn lane along stretch or left turn lanes at specific intersections. Install sidewalk and bike lanes. Possibe grant & Local Funds Engineering, ROW, & Construction $10,850,000 (Federal unsecured) (State, unsecured) Local $1,000,000 $400,000 $850,000 $450,000 $5,000,000 $800,000 $300,000 $5,000,000 $800,000 $250,000 $3,450,000 $550,000 12. SR 524 (196th St. SW) @ 88th Ave W. Intersection Improvements Design intersection improvements and addition of guardrail on the west side of intersection due to 12' vertical drop (grade. adjustment to improve sight distance to be considered). Possible Grant & Local Funds Engineering $0 (Federal) (State, unsecured) Local, traffic impact fees $122,000 $71,000 $122,000 $71,000 ROW acquisition ROW $0 (Federal) (State, unsecured) Local $87,500 $87,500 $87,500 $87,500 Complete intersection improvements Construction $585,000 (Federal, unsecured) (State) Local $585,000 $0 $0 13. Main St. @ 9th Ave. Installation of traffic signal or mini -roundabout. Possible grant & Local Funds Engineering & Construction $758,000 (Federal, unsecured) (State) Local, Traffic Impact Fees $30,000 $88,000 $18,000 $670,000 $105,000 $0 $153,000 E co O L C N E d O L Q E c O O uJ C R L H L O X_ to u7 N O N 6 N 0 N d t O C N �L m d H N O N 6 N 0 N L cc d K N L C d E t v cv r r Q Page 1 Packet Pg. 72 1.4.a City of Edmonds Six Year Transportation Improvement Program (2020-2025) Project Name Purpose Grant Opportunity Project Phase(s) (2020-2025) Total Cost Source(s) 2020 2021 2022 2023 2024 2025 14. Hwy. 99 @ 212th St. SW Intersection Improvements Widen 212th St. SW to add a WB and EB left turn lane. Provide protected / permissive left turn phasing for both movements shared jurisdiction with City of L nnwood Possible Grants & Local Funds Engineering, ROW, & Construction (Federal) (State) Local project costs included in Hwy 99 Gateway / Revitalization project 15. Hwy. 99 @ 216th St. SW Intersection Improvements Widen 216th St. SW to add a WB and EB left turn lane. Provide protected / permissive left turn phasing for both movements. Possible Grants & Local Funds Engineering, ROW, & Construction (Federal) (State) (Local) project costs included in Hwy 99 Gateway / Revitalization project 16. Hwy. 99 @ 220th St. SW Intersection Improvements Widen 220th St .SW to add westbound right turn lane and Hwy. 99 to add 2nd southbound left turn lane. Possible Grants & Local Funds Engineering, ROW, & Construction (Federal) (State) Local project costs included in Hwy 99 Gateway / Revitalization project 17. Hwy. 99 @ 234th St. SW Intersection Improvements Install new traffic signal at Hwy. 99 @ 234th St. SW. Possible Grants & Local Funds Engineering, ROW, & Construction (Federal) (State) (Local) project costs included in Hwy 99 Gateway / Revitalization project 18. SR-104 @ 226th St. SW / 15th St. SW Intersection Improvements Extend SR-104 Westbound left turn lane and complete bicycle improvements with traffic signal improvements. Possible Grants & Local Funds Engineering, & Construction $179,000 (Federal, unsecured) (State) Local $15,000 $15,000 $164,000 $0 $15,000 19 Westgate / SR-104 @ 100th Ave. W Intersection Access Management Provide safety improvements within proximity to the intersection by providing better access management on all approaches Possible Grants & Local Funds Engineering, & Construction $543,000 (Federal, unsecured) (State) (Local) $543,000 $125,000 $0 $125,000 20. SR-104 @ 95th PI. W Intersection Improvements Provide C-Curb with left turn channelization for access management. Possible Grants & Local Funds Engineering, & Construction $207,500 (Federal, unsecured) (State) Local $32,500 $5,000 $175,000 1 $32,500 $0 $37,500 21. SR-104 @ 238th St. SW Intersection Improvements Install traffic signal and other intersection improvements. Possible Grants & Local Funds Engineering, ROW, & Construction $1,157,000 (Federal, unsecured) (State) (Local) $173,000 1 $27,000 $984,000 $154,000 $0 $181,000 TOTAL $2, 570, 000 $4, 250, 000 $3, 700, 000 1 $11, 375, 500 $27,112, 500 $11, 249, 00( Pedestrian Projects: 22. Sunset Ave. Walkway from Bell St. to Caspers St. Provide walkway on the west side of Sunset Av. w/ various utility upgrades. Secured Grant, Unsecured Grant, & Local Funds Engineering, and Construction $44,000 (Federal, secured) (Federal, unsecured) (Local, Fund 421) (Local, Fund 422) (Local, Fund 423) Local $44,000 $75,000 $100,000 $50,000 $5,000 $687,000 $575,000 $700,000 $150,000 1 $687,000 $687,000 $650,000 $800,000 $200,000 $692,000 23. 238th St. SW Island and ADA Curb Ramps Install new island and upgrade ADA curb ramps at several intersections throughout the City Secured Grant & Local Funds Construction $0 (Federal) (State) Local $10,000 $0 $10,000 24. Citywide Pedestrian Crossing Enhancements Install flashing pedestrian beacons, HAWK signal, or pedestrian refuge island at various locations throughout the City. Secured Grant, Unsecured Grant, & & Local Funds Engineering, ROW, & Construction $950,000 (Federal, secured) (Federal, unsecured) (State) Local, General $950,000 $300,000 $429,000 $300,000 $0 $429,000 25. Walnut St. from 6th Ave. S to 7th Ave. S Install sidewalk on south side of Walnut St. from 6th Ave. S to 7th Ave. S Secured Grant Engineering, & Construction $0 (Federal) (State, secured) Local $65,000 $65,000 $0 26. Dayton St. Walkway from 7th Ave. S to 8th Ave. S Install missing sidewalk links on the south side of Dayton St. from 7th Ave. S to 8th Ave. S Secured Grant Construction $0 (Federal) (State, secured) Local $185,000 $185,000 $0 27. Maplewood Walkway from Main St. to 200th St. SW Install sidewalk on Maplewood St. from Main St. to 200th St. SW, creating connection to Maplewood Elementary and Yost Park. Possible Grant Engineering & Construction $1,591,000 (Federal, unsecured) (State) Local $100,000 $130,000 $1,361,000 $0 $0 28. Elm Way Walkway from 8th Ave. S to 9th Ave. S Install sidewalk on Elm Way from 8th Ave. S to 9th Ave. S, creating connections to Westgate and Sherwood Elementary Schools. Possible grant Engineering & Construction $637,000 (Federal, unsecured) (State) Local, Fund 422 $167,000 $38,000 $470,000 $155,000 $0 $193,000 29. 80th Ave. W Walkway from 212th St. SW to 206th St. SW Install sidewalk on 80th Ave. W from 212th St. SW to 206th St. SW, creating connections to Chase Lake and College Place Elementary Schools. Possible Grant Engineering & Construction $1,449,000 (Federal, unsecured) (State) Local $100,000 $110,000 $1,239,000 $0 $0 30. 80th Ave. W Walkway from 188th St. SW to Olympic View Dr. Install sidewalk on 80th Ave. W from 188th St. SW to Olympic View Dr. creating connections to Seaview Elementary School. Possible Grant & Local Funds Engineering & Construction $1,506,000 (Federal, unsecured) (State) Local, Fund 422 $315,000 $125,000 $1,191,000 $504,000 $0 $629,000 E Q Page 2 Packet Pg. 73 1.4.a City of Edmonds Six Year Transportation Improvement Program (2020-2025) Project Name Purpose Grant Opportunity Project Phase(s) (2020-2025) Total Cost Source(s) 2020 2021 2022 2023 2024 2025 31. 95th PI. SW Walkway from 224th St. SW to 220th St. SW Install sidewalk on 95th PI. W from 224th St. SW to 220th St. SW to improve pedestrian safety. Possible Grant & Local Funds Engineering & Construction $0 (Federal) (State, unsecured) Local $80,000 $20,000 $388,000 $97,000 $468,000 $117,000 32. 232nd St. SW from 100th Ave. W to SR-104 Install sidewalk on one side of 232nd St. SW Possible Grant & Local Funds Engineering & Construction $1,055,000 (Federal, unsecured) (State) Local $100,000 $100,000 $955,000 $150,000 $0 $250,000 33 236th St. SW Walkway from SR-104 to 97th PI. W Provide sidewalk on one side of 236th St. SW Possible Grant & Local Funds Engineering & Construction $697,500 (Federal, unsecured) (State) Local $106,500 $106,500 $591,000 $591,000 $0 $697,500 34 84th Ave. W Walkway from 238th St. SW to 234th St. SW Provide sidewalk on one side of 84th Ave. W Possible Grant & Local Funds Engineering & Construction $45,000 (Federal, unsecured) (State) Local $45,000 $45,000 $0 $45,000 35. 2nd Ave. S Walkway from James St. to Main St. Provide sidewalk along short missing link. Local Funds Only Engineering & Construction $0 (Federal) (State) Local $30,000 $0 $30,000 36. 218th St. SW Walkway from 76th Ave. W to 84th Ave. W Install sidewalk along missing link Possible Grant & Local Funds Engineering & Construction $615,000 (Federal, unsecured) (State) Local $100,000 $100,000 $515,000 $500,000 $0 $600,000 37. Wanut St. Walkway from 3rd Ave. to 4th Ave. Install sidewalk along short missing link Possible Grant Engineering & Construction $0 (Federal) (State, unsecured) Local $105,000 $105,000 $0 38. 216th St. SW Walkway from Hwy. 99 to 72nd Ave. W Install 300' sidewalk on the north side of 216th St. SW from Hwy. 99 to 72nd Ave. W Possible Grant & Local Funds Engineering & Construction $137,000 (Federal, unsecured) (State) Local $137,000 $20,000 $0 $20,000 39. 4th Ave. Corridor Enhancement Walkway Create corridor improvements to encourage pedestrian activity along 4th Ave. N from Main St. to 3rd Ave. N from Downtown retail to Edmonds Center for the Arts Possible Grant & Local Funds Engineering & Construction $550,000 (Federal, unsecured) (State) Local, Fund 125 $50,000 $50,000 $500,000 $500,000 $0 $550,000 40. Audible Pedestrian Signals Install Audible Pedestrian Signals (APS) at various signalized intersections throughout the City Local Funds Construction $0 (Federal) (State) (Local) $20,000 $0 $20,000 41. Minor Sidewalk Program Complete sidewalk missing links (from Short Walkway list of 2015 Transportation Plan or other identified projects) Local Funds Engineering & Construction $0 (Federal) (State) Local, General Fund $100,000 $100,000 $100,000 $0 $300,000 42. ADA Curb Ramps Improvements Construct Citywide ADA compliant curb ramps where facilities don't exist nor meet current standards Possible Grant & Local Funds Engineering & Construction $0 (Federal) (State, unsecured) Local, General Fund $500,000 $50,000 $500,000 $50,000 $500,000 $50,000 $1,500,000 $150,000 43. SR-104 @ 76th Ave. W Non -motorized Transportation Improvements Install ADA curb ramps, extend bike lanes,and complete signal modifications in order to improve non -motorized transportation safety. Traffic signal owned by Shoreline. Possible Grant & Local Funds Engineering & Construction $0 (Federal) (State, unsecured) Local $174,000 $50,000 $986,000 $1,160,000 $50,000 44. Downton Lighting Improvements Install additional lighting on both sides along Dayton St. (cobra heads combined with pedestrian lights) Possible Grant Engineering & Construction $0 (Federal) (State, unsecured) Local $1,500,000 $1,500,000 $0 45. SR-104 Walkway from mid -block crossing - 400' north of Pine St. to Pine St. and Pine St. from SR-104 to 3rd Ave. S Complete sidewalk missing links to improve pedestrian safety and connectivity. Possible Grant Engineering & Construction $0 (Federal) (State, unsecured) Local $100,000 $400,000 $500,000 $0 46. Citywide bicycle Improvements Install bike lanes along 100th Ave.W / 9th Ave. W from 244th St. SW to Walnut St. and along Bowdoin Way from 9th Ave. W to 84th Ave. W Possible Grant Engineering & Construction $0 (Federal) (State, unsecured) Local $300,000 $1,750,000 $2,050,000 $0 TOTAL $2,339,000 $2,750,000 $0 $4,308,000 $9,462,000 $5,370,00c Traffic Calming / Non -motorized Transportation Safety Projects: E d H In N 0 N 0 N O 04 d K co r M L 47. Traffic Calming Program / Traffic circles, speed cushions, Engineering $0 (Federal) LJ .. Non -Motorized Transportation radar feedback signs, bulb -outs, etc. Local Funds only & $0 (State) Safety Construction $90,000 Local, General Fund $15,000 $15,000 $15,000 $15,000 $15,000 $15,000 E t Ferry / Waterfront Projects v R r r Q 48. Ferry Storage Improvements from Provide additional ferry storage area closer to the Ferry Terminal Engineering $357,000 (Federal, unsecured) $357,000 Dayton St. to Pine St. (through striping revisions / C-Curb addition...). Possible Grant & $0 (State) Construction $0 Local Page 3 Packet Pg. 74 1.4.a City of Edmonds Six Year Transportation Improvement Program (2020-2025) Project Name Purpose Grant Opportunity Project Phase(s) (2020-2025) Total Cost Source(s) 2020 2021 2022 2023 2024 2025 49. Edmonds Waterfront Connector Provide Waterfront Access issues during emergencies, during at -grade crossing conflicts along BNSF rail lines, constant access to / from the Ferry Terminal to Edmonds St. and pedestrian / bicycle access. Secured Grant and Local Funds Engineering, ROW, & Construction $0 (State, unsecured) (State, secured) (Fund 125, Fund 126) (Port of Edmonds) Federal, unsecured $900,000 $1,500,000 $500,000 $2,000,000 $2,100,000 $750,000 $10,250,000 $750,000 $10,250,000 $6,500,000 $500,000 $1,500,000 $20,500,000 TOTAL $900,000 $2,000,000 $2,000,000 $13,457,000 $11,000,000 $0 i rarric rianninq rrolects: 50. Citywide Transition Plan Complete an compliance evaluation of all existing ADA curb ramps, as well as long range plan on how to address those defficiencies. Local Funds Only Engineering & Planning $0 (Federal) (State) Local, General Funds $150,000 $0 $150,000 51. Pavement Rating Study Analyse the pavement condition of all arterial, collector, and local streets to determine the stretches to be repaved as part of future annual overlays. Local Funds Only Planning $0 (Federal) (State) Local / General Funds $30,000 $30,000 $0 $30,000 52. Transportation Plan Update Update Transportation Plan Local Funds Only Engineering & Planning $0 (Federal) (State) Local $175,000 $0 $175,000 TOTAL $30,000 $175,000 $0 $150,000 1 $30,000 $0 Total $126,506,000 Total Federal Total Federal (Secured) Total Federal (Unsecured) Total State Total State (Secured) Total State (Unsecured) $6,566,000 $10,040,000 $7,265,000 $32,440,500 $51,020,500 $19,204,001 $1,575,000 $2,707,000 $2,240,000 $1994419500 $35,198,000 $1595699001 $960,000 $807,000 $540,000 $44,000 $0 $0 $615,000 $1,900,000 $1,700,000 $19,397,500 $35,198,000 $15,569,00( $3,2009000 $5,100,000 $1,900,000 $2,500,000 $1,300,000 $2,600,000 Port of Edmonds $0 $0 Total Local Fund $1,556,000 $2,233,000 Total Local (Fund 112) $10,000 $473,000 Total Local (Fund 125 / Fund 126) $1,040,000 $1,700,000 Toal Local (Fund 421) $0 $0 Total Local (Fund 422) $0 $0 Total Local (Fund 423) $0 $0 Total Local (Traffic Impact Fees) $30,000 $0 Total Local (General Fund) $476,000 $60,000 Total Local (unidentified) $0 $0 $4,000,000 $4,000,000 $0 $0 $1,025,000 $0 $700,000 $0 $0 $0 $0 $325,000 $0 $8,2469000 $6,661,500 $500,000 $4,100,000 $3,500,000 $0 $3,259,000 $3,161,500 $500,000 $750,000 $3,915,000 $1,003,000 $700,000 $75,000 $263,000 $50,000 $89,000 $315,000 $1,420,000 $750,000 $7,741,000 $3,171,000 $700,000 $575,000 $1,359,000 $150,000 $105,000 $195,000 $1,486,000 $0 r $3,1359000 G $770,000 $700,000 C $0 4- $0 m $0 �- $0 d $165,000 I- $1,500,00c i N O N O N O N Fi' L 1.1e d E L V a Q Page 4 Packet Pg. 75 1.4.b RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, APPROVING THE 2020-2025 TRANSPORTATION IMPROVEMENT PROGRAM (TIP) AND DIRECTING FILING OF THE ADOPTED PROGRAM WITH THE WASHINGTON STATE DEPARTMENT OF TRANSPORTATION. WHEREAS, RCW 35.77.010 and 36.81.121 require that each city and town is required to adopt a Transportation Improvement Program (TIP) and file a copy of such adopted program with the Washington State Department of Transportation (WSDOT); and WHEREAS, the TIP identifies all planned projects over the next 6 years, along with the appropriate funding source; now, therefore, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. The Transportation Improvement Program is hereby adopted pursuant to the requirements of RCW 35.77.010 and 36.81.121 to be effective on June 5, 2019 and to continue in full force and effect until amended. A copy of such Transportation Improvement Program for the years 2020 to 2025 is attached hereto as Exhibit A and incorporated by this reference as fully as if herein set forth. Section 2. The City Clerk is hereby requested and directed to file a certified copy of the Transportation Improvement Program with the Washington State Department of Transportation. -1- Packet Pg. 76 1.4.b RESOLVED this day of , 2019. ATTEST/AUTHENTICATED: CITY CLERK, SCOTT PASSEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. APPROVED: MAYOR, DAVE O. EARLING -2- Packet Pg. 77 1.5 City Council Agenda Item Meeting Date: 05/14/2019 Presentation of the Traffic Impact Fee Annual Report Staff Lead: Rob English Department: Engineering Preparer: Megan Luttrell Background/History For information only. Staff Recommendation Forward this item to the May 21, 2018 consent agenda for information. Narrative In 2004, the City authorized the collection of Traffic Impact Fees to help pay for transportation projects that are needed to serve new growth and development. Pursuant to Section 3.36.080(C) of the Edmonds City Code (ECC), Attachment 1 is an accounting of the Traffic Impact Fee Fund for 2018. The City collected a total of $201,348 in traffic impact fees during 2018. These revenues combined with the 2017 beginning fund balance of $551,215 resulted in a total available funding of $752,563. On the expense side and in accordance with section 3.36.100 of the ECC, the traffic impact fee fund paid $40,515 for the annual debt service to the Public Works Trust Fund (PWTF) for the 220th Street SW Improvements Project. In 2018, traffic impact fee revenue paid $10,500 for right of way costs and $33,379 for construction costs from the 76th Ave/212th St. Intersection Improvements Project and $54,453 for a preliminary design study for the future intersection improvements at 76th Ave and 220th St. Attachments: Attachment 1 - 2018 Traffic Impact Fee Log Packet Pg. 78 2018 Transportation Impact Fee Receipts and Funds Transfer Data Record Transportation Impact Fee Fund Account Number: 112.502.345.86.000.00 RECEIPTS Receipt Applicant Previous I New Fee Collected With: Date Permit Number Number Site Address ITE Land Use ITE Land Use Notes Bus. License Buildinq Permit I Fee Amount 01/09/18 BLD20161426 REC071874 West Tier Dev. - Tiersma 9213 224th St SW 01/12/18 BLD20171295 REC071913 Hirsch 9304 192nd St SW 01/12/18 BLD20161710 REC071919 Messenger 7607 206th St SW #A & B 01 /22/18 BLD20171040 REC071981 Delap 9116 Main St 01/23/18 BLD20161610 REC071999 Select Homes Inc. 753 Bell St 01/24/18 BLD20170882 REC072013 Regent Construction Inc. 318 Howell Way 01/29/18 BLD20171296 REC072041 Landsverk Quality Homes 9306 192nd Pl. SW 04/09/18 BLD20170418 REC072760 Weber 23325 92nd Ave W 04/12/18 BLD20171033 REC072788 Soundview Lane LLC 7237 Soundview Ln 04/27/18 BLD20170545 REC072951 Thuesen Custom Homes 514 8th Ave N 05/03/18 BLD20160604 REC072981 Brackett's Corner LLC 21274 80th Ave W 05/03/18 BLD20160605 REC072982 Brackett's Corner LLC 21276 80th Ave W 05/08/18 BLD20171397 REC073042 Milkie Milkie Dessert Cafe 23830 Highway 99 #119A 05/10/18 BLD20171842 REC073069 Edmonds Lutheran Church vacant SFR vacant SFR vacant duplex vacant SFR vacant SFR SFR duplex vacant SFR vacant SFR vacant SFR vacant SFR Paid in 2017 with fill/grade permit Office and SFR SFR BLD20160598 Paid in 2017 with fill/grade permit Office and SFR SFR BLD20160598 Change of Use - Office To Restaurant Commercial Add SFR on church property. Low income church SFR exemption credit. Page 1 X X X X X X X X X X REFUND REFUND 0 X $1,196.33 $4,561.37 $5,747.20 $4,561.37 $4,561.37 $4,906.48 $4,561.37 $4,561.37 $4,511.37 $2,873.60 -$1,196.33 -$1,196.33 $9,230.05 $912.27 F'- 0 a m W 0 c c a� m a) U- aJ E 0 L % d 0 0) 0 J m as , U- U �a a 3 w L 00 ~3 0 N a El Packet Pg. 79 I 2018 Transportation Impact Fee Receipts and Funds Transfer Data Record Transportation Impact Fee Fund Account Number: 112.502.345.86.000.00 RECEIPTS Receipt Applicant Previous I New Fee Collected With: Date Permit Number Number Site Address ITE Land Use ITE Land Use Notes Bus. License Buildinq Permit I Fee Amount 23525 84th Ave W 05/10/18 BLD20170629 REC073071 O'Neal 15716 72nd Ave W 05/15/18 BLD20180213 REC073131 Select Homes Inc. 22514 93rd PI W 05/21/18 BLD20170717 REC073171 Earthplex LLC 18109 84th Ave W 05/21/18 BLD20170718 REC073175 Earthplex LLC 18111 84th Ave W 05/21/18 BLD20171187 REC073179 Restlawn-Select Homes Inc 23730 104th Ave W 05/31/18 BLD20180308 REC073285 Select Homes Inc. 614 7th Ave S 06/06/18 06/19/18 BLD20180413 REC073497 Almark Corporation 19824 86th PI W 06/19/18 BLD20180414 REC073498 Almark Corporation 19816 86th PI W 07/03/18 BLD20171839 REC073635 Mione 19015 Olympic View Dr 07/06/18 BLD20180235 REC073655 Tran 23016 94th Ave W 07/12/18 BLD20171650 REC073705 Pride Ventures 8721 236th St SW 07/12/18 BLD20171812 REC073706 Westerly LLC 8717 236th St SW vacant SFR X $4,561.3 vacant SFR X $4,561.3 vacant SFR X $4,511.3 vacant SFR X $4,511.3 vacant SFR X $4,511.3 vacant SFR X $4,561.3 vacant SFR X $4,561.3 vacant SFR X $4,561.3 vacant SFR X $2,873.6 vacant SFR X $4,561.3 vacant SFR X $4,511.3 vacant SFR X $4,511.3 TRANSFERS Fund Name Reference PWTF Annual GJ 180089 Loan Payment 2018 Transferred Total ginning Balance $551,21 i $626,6E oo ) m $631,21 7 c a m $635,77 t �a a $640,2E 1 �a L $644,7E 3 0 $649,3C o i �a c $653,8E L a -$40,514.51 0 $613,3E m I a� U- U $617,91 E 3 w $622,47 ;s i 00 0 $625,3E N i r c m $629,91 E �a $634,42 a ) c m E M $638,9E u 3 r r Q Page 2 1 Packet Pg. 80 2018 Transportation Impact Fee Receipts and Funds Transfer Data Record Transportation Impact Fee Fund Account Number: 112.502.345.86.000.00 RECEIPTS Receipt Applicant Previous I New Fee Collected With: Date Permit Number Number Site Address ITE Land Use ITE Land Use Notes Bus. License Buildinq Permit I Fee Amount 07/12/18 BLD20171813 REC073707 Westerly LLC vacant SFR X $4,511.3 8719 236th St SW 08/10/18 BLD20180354 REC073997 Weis vacant SFR X $4,561.3 16630 74th PI W 08/17/18 BLD20180789 REC074067 Select Homes Inc. vacant SFR X $4,561.3 224 12th Ave N 08/20/18 BLD20180368 REC074090 Soundview Lane LLC vacant SFR X $4,561.3 7235 Soundview Ln Change of Use - Office To Residential 09/10/18 BLD20180447 REC074250 Edmonds Recovery Center Treatment Facility Commercial X $8,646.24 7416 212th St SW 10/23/18 BLD20181036 REC074607 Fairwinds Development vacant SFR X $4,561.37 915 Pine St Change of Use- 10/26/18 BLD20181021 REC074639 Ombu SFR to Salon/Spa Commercial X $5,890.58 121 3rd Ave N 11/06/18 BLD20171835 REC074713 Cummings Development SFR New Apartment 4 units X $11,107.64 20904 72nd Ave W 11/13/18 BLD20180831 REC074769 Select Homes Inc. vacant SFR X $4,561.37 9211 Park Rd 11/13/18 BLD20181199 REC074773 Select Homes Inc. vacant SFR X $4,561.37 8716 188th St SW 11/13/18 BLD20181200 REC074774 Select Homes Inc. vacant SFR X $4,561.37 8704 188th St SW 11/30/18 BLD20180909 REC074950 Select Homes Inc. vacant SFR X $4,561.37 19323 80th Ave W 11/30/18 BLD20180942 REC074951 Select Homes Inc. vacant SFR X $4,561.37 20105 Maplewood Dr 12/28/18 BLD20181094 REC075159 Vaisvila vacant SFR X $4,561.37 17123 69th PI W 12/28/18 BLD20171337 REC075170 Mietzner Brothers Prop. LLC vacant SFR X $2,873.60 Page 3 F'- 0 a m 0 c c a� m 0 U- �a � 0_ E �a } LL r rn i d U- U ea a E, w L 0 0 N �3 m E t M a c� m- E U M Q1 Packet Pg. 81 I 2018 1.5.a Transportation Impact Fee Receipts and Funds Transfer Data Record Transportation Impact Fee Fund Account Number: 112.502.345.86.000.00 RECEIPTS Receipt Applicant Previous New Fee Collected With: Site Address Date Permit Number Number ITE Land Use ITE Land Use Notes Bus. License Building Permit Fee Amount 8609 244th St SW #4 12/28/18 BLD20171338 REC075171 Mietzner Brothers Prop. LLC vacant SFR X $2,873.60 8609 244th St SW #5 12/28/18 BLD20171339 REC075172 Mietzner Brothers Prop. LLC vacant SFR X $2,873.60 8609 244th St SW #6 12/28/18 BLD20171340 REC075173 Mietzner Brothers Prop. LLC vacant SFR X $2,873.60 8609 244th St SW #7 12/28/18 BLD20171341 REC075174 Mietzner Brothers Prop. LLC vacant SFR X $2,873.60 8609 244th St SW #8 12/28/18 BLD20171342 REC075175 Mietzner Brothers Prop. LLC vacant SFR X $2,873.60 8609 244th St SW #9 12/28/18 BLD20171343 REC075176 Mietzner Brothers Prop. LLC vacant SFR X $2,873.60 8609 244th St SW #10 12/28/18 BLD20171344 REC075177 Mietzner Brothers Prop. LLC vacant SFR X $2,873.60 8609 244th St SW #11 12/31/18 12/31/18 12/31/18 TOTAL Traffic Impact Fess collected in 2018: $201,348.49 Interest Earned 2018 $0.00 Fund Name TRANSFERS Reference 76th/212th Intersection GJ 180249 Improvements 76th/220th Intersection Improvements: GJ 180241 Pre -Design 76th/212th Intersection GJ 180241 Improvements Transferred ainnina Balance -$10,500.00 -$54,453.05 -$33,378.52 2018 YEAR-END BALANCE 2018 Total $551,21 $691,K oo CL $694,8C c a m $697,6E �a Q. $700,5F �a L $703,42 t 0 $706,3C o �a c $709,17 m L a rn $712,04 0 m a� U_ U ea a $701,54 U w �a L 00 0 $647,0� " r c m E t $613,71 a $613,71 E t U �a r r Q Page 4 1 Packet Pg. 82 1.6 City Council Agenda Item Meeting Date: 05/14/2019 Presentation of a Supplemental Agreement with Louis Berger for the Dayton Street Pump Station Project Staff Lead: {Type Name of Staff Lead} Department: Engineering Preparer: Megan Luttrell Background/History On January 19, 2016, Council authorized the Mayor to sign a professional services agreement with Louis Berger for the Dayton Street Pump Station Project. Staff Recommendation Forward this item to the May 21st consent agenda for full Council approval. Narrative The Dayton Street Pump Station project was originally planned to be constructed in 2017. The consultant design contract was scoped based on delivery of the project within that timeline and at rates in place at that time. The project has been delayed due to a funding shortfall and the extended project timeline has resulted in additional expense for the consultant. Staff have had to utilize the previously approved management reserve to cover additional expenses thus far. However, specification documents have had to be updated to new versions and altered to reflect the revised funding mechanisms for the project. Staff now seeks approval of a contract supplement to help cover the additional costs which the consult will need to incur. In addition, the previous contract scope of work did not include bid and construction support services. Consultant help is needed to respond to bidder questions, review and approve contractor submittals, and help respond to unforeseen conditions. Accordingly, staff now seeks approval of the additional scope of work; maintaining the project team throughout construction is essential to successful project completion. Total cost increases are shown below in Table 1. Of the request only $9,153 represents cost increases on the existing design contract; the remaining 91% represent new tasks which had not been in their previous scope of work (bid and construction support services). Construction support for this project is higher than typical due to very specific pump and control requirements which need to be reviewed and a significant de -watering effort which must be reviewed by consultants with specific expertise. Current Contract $ 319,833 Additional Design $ 9,153 Additional Bid Support $ 5,545 Packet Pg. 83 1.6 Amendment 1 (Construction Support Services) $ 84,368 Total $ 418,899 The increased contract authority is accounted for in current project budgeting and is not anticipated to increase the funding needed for project completion. The professional service fees will be funded by the Stormwater Utility Fund (Fund 422). Attachments: Supplemental Agreement with Louis Berger Project Site Map Packet Pg. 84 r�tc CITY OF EDMONDS DAVE EARLING H MAYOR 121 5AVENUE NORTH • EDMONDS, WA 98020 • 425-771-0220 FAX425-672-5750 0 Website: www.edmondswa.gov �. A '"9a 1yg� PUBLIC WORKS DEPARTMENT `o Engineering Division SUPPLEMENTAL AGREEMENT 1 TO PROFESSIONAL SERVICES AGREEMENT Dayton Street Pump Stormwater Station Project WHEREAS, the City of Edmonds, Washington, hereinafter referred to as the "City", and Louis Berger, hereinafter referred to as the "Consultant", entered into an underlying agreement for design, engineering and consulting services with respect to a project known as Dayton Street Stormwater Pump Station Project, dated January 28, 2016; and WHEREAS, additional tasks to the original Scope of Work have been identified with regard to providing design and construction support services; In consideration of mutual benefits occurring, it is agreed by and between the parties thereto as follows: 1. The underlying Agreement of January 28, 2016 between the parties, incorporated by this reference as fully as if herein set forth, is amended in, but only in, the following respects: 1.1 Scope of Work. The Scope of Work set forth in the underlying agreement shall be amended to include the additional services and material necessary to accomplish the stated objectives as outlined in the attached Exhibit A incorporated by this reference as fully as if herein set forth. 1.2 The $319,833 amount set forth in paragraph 2A of the underlying Agreement and stated as an amount which shall not be exceeded, is hereby amended to include an additional not to exceed amount of $99,067 for the additional scope of work identified in Exhibit A to this supplemental agreement. As a result of this supplemental agreement, the total contract amount is increased to a new total not -to -exceed amount of $418,900 ($319,833 plus $99,067). 1.3 Exhibit B to the underlying agreement consisting of the rate and cost reimbursement schedule is hereby amended to include the form set forth on the attached Exhibit B to this addendum, incorporated by this reference as fully as if herein set forth. 2. In all other respects, the underlying agreement between the parties shall remain in full force and effect, amended as set forth herein, but only as set forth herein. Packet Pg. 85 1.6.a DONE this day of , 20 CITY OF EDMONDS LOUIS BERGER By: By: _ Mayor David O. Earling Title: ATTEST/AUTHENTICATE: Scott Passey, City Clerk APPROVED AS TO FORM: Office of the City Attorney Packet Pg. 86 1.6.a STATE OF WASHINGTON ) )ss COUNTY OF ) On this day of , 20 , before me, the under -signed, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared , to me known to be the of the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. WITNESS my hand and official seal hereto affixed the day and year first above written. NOTARY PUBLIC My commission expires: \\edmw-deptfs\Engineering\StafflMegan\Engineering Admin\PROJECTS\E4FE.Dayton St Storm PS\LB.Supp Ldoc Packet Pg. 87 1.6.a EXHIBIT A Modification No. 3 - Scope of Work Supplemental Design Task 1 — Project Management (supplement to existing task) • This task includes supplemental budget due to the additional cost of extending the project schedule to June, 2019. This cost includes such items as additional coordination, preparation of subconsultant amendment, and added invoicing and progress reporting. Task 7 — Pump Station Design, Plans and Specifications (supplement to existing task) • The additional effort would include updating the project plans and specifications to reflect that the project is not federally funded. In addition, it includes an allowance of additional hours (not including the effort for updating the specifications estimated at 28 hrs (10 LB and 18 BHC)) to address some not yet identified new City review comments. The estimated hours reflect that LB has some remaining budget that can be applied to this effort. These comments are expected to be limited in nature and not result in significant design changes. Task 9 — Bid Support (new task) • This new task includes assisting the City during bidding to include attendance (by LB and BHC) at a pre -bid meeting, responding to requests for information. It is assumed that Consultant will provide responses up to 10 questions (5 LB and 5 BHC). Because the level of effort is difficult to anticipate, this is an allowance task to the hours budgeted (10 hrs for LB and 19 hrs for BHC). The estimated hours reflect that LB has some remaining budget that can be applied to this effort. If an RFI is a result of a material error or omission in the plans or specifications prepared by the Engineer (defined as the Engineer not meeting the Standard of Care identified in Section 13 of the Agreement); the Engineer will reimburse the cost of the Engineer's review of such RFI to the Contracting Agency. Supplemental Design Assumptions • Schedule — It is assumed the bid plans will be complete by June 2019. Bidding is assumed to be complete by July 2019. • The location of the pump station and key electrical equipment were established at the 90% submittal and will not change. • It is assumed that new City comments, not associated with how prior comments were addressed, do not result in significant changes in the design. An estimate of 28 hrs is included to address new City comments. If additional time is required to address the comments, Consultant will notify the City to obtain authorization prior to continuing efforts. • Comments made to the final submittal will not require comment responses. • Permitting task is nearly complete and no substantive changes result from obtaining final permits or require the modification of prior permits. Packet Pg. 88 1.6.a • In accordance with prior scope agreement, BHC has provided connections for future SCADA improvements. The project Specifications will identify the telemetry equipment and components necessary for the Contractor to complete the work at the lift station. The programming is described as the same as LS4. • Further development of SCADA Design, such as head -end programming and configuration, will be by others per City request. • National Electrical Code used in 90% will not change before design completion. • Exclusions listed in prior contracts and amendments still apply. Construction Support Phase (All new tasks) Task 1 — Project Management This task includes the following project management activities; • Work plan development, • Subconsultant agreement preparation • Progress reporting and invoicing • Monitoring project budget and schedule Project management will also include quality control and assurance activities. Meetings associated with the project are included in the specific project tasks. It is assumed the project schedule will be extended approximately 8 months (June 2019 to February 2020). Task 2 — Service During Construction This scope of service during construction provides technical construction support including, review of technical submittals, addressing contractor RFls, assistance preparing change orders, attending meetings and performing site visits, startup and testing activities, record drawing preparation, and review of operations and maintenance literature. Because the exact level of effort required or the issues that may arise during construction are not known at this time, the scope of work describes tasks commonly associated with construction observation and administration support for this type of project. The budgets presented in the fee estimate are averages for similar projects and are based on the construction and administration times noted above. However, the contractor's experience and level of performance can substantially impact the effort required for these tasks. Effort may be required that exceeds the estimated budget amount. Consultant will monitor the budget and immediately notify the City if it is anticipated that the estimated effort (Task 2 total effort of 375 hours, reflecting the combined total of LB, BHC, and S&W hrs) will be needed. To track the effort associated with the services during construction the following subtasks have been identified. Consultant will track the costs according to these tasks. Task 2.1 — Submittals Packet Pg. 89 1.6.a Consultant will review submittals for conformance with the plans, specifications, and design intent. It is assumed up to 28 submittals including civil (e.g., pipe, manholes, materials), mechanical (pump, valves and wet well), structural (wet well and valve vault), and electrical. The budget for submittal review is based on the hours to provide 2 reviews per submittal. It is assumed that 12 are electrical related and reviewed by BHC. In addition, it includes BHC's QA review of up to 3 mechanical related submittals. This task also includes effort for review of the shoring and dewatering submittals (by Shannon and Wilson). Task 2.2 — Requests for Information (RFIs) Consultant will respond in writing to address RFIs. It is assumed that up to 20 RFIs will need to be addressed. It is assumed that 6 are electrical related for BHC. This task also includes BHC's QA of up to three (3) mechanical related RFIs. If an RFI is a result of a material error or omission in the plans or specifications prepared by the Engineer (defined as the Engineer not meeting the Standard of Care identified in Section 13 of the Agreement); the Engineer will reimburse the cost of the Engineer's review of such RFI to the Contracting Agency. Task 2.3 — Change Order Assistance Consultant will provide technical assistance to the City for the preparation of change orders and review change order requests prepared by the Contractor. It is assumed assistance for up to four change orders will need to be reviewed. It is assumed 2 are electrical related by BHC. If a change order is a result of a material error or omission in the plans or specifications prepared by the Engineer (defined as the Engineer not meeting the Standard of Care identified in Section 13 of the Agreement); the Engineer will reimburse the cost of the Engineer's review of such change order to the Contracting Agency. Task 2.4 - Construction Meetings and Site Visits Consultant (LB — 1 person) will attend one (1) Preconstruction Meeting and two (2) status meetings as requested by City. Each meeting is estimated to be no more than a half -day including follow up meeting minutes. Consultant (BHC - 1 person) will attend one (1) Preconstruction Meeting and two (2) status meetings Additional visits required for Start Up and Punch List Preparation will be provided as part of Task 2.5. Task 2.5 - Start Up Observation and Punch List Preparation Consultant (BHC — 2 staff) will observe the facility start up and prepare start up report documenting deficient items (focusing on mechanical and electrical) on a punch list for City use. Confirming completion of final punch list items is assumed to be completed by the City. Task 2.6 - Record Drawings Consultant will prepare Record Drawings in CAD and PDF format based on the contractor's supplied redlined drawings and City record drawing markups. No stamp will be furnished on the drawings because the drawings rely on the contractor's supplied information. It is assumed no new drawings are required. Packet Pg. 90 1.6.a Task 2.7 - O&M Manuals Consultant will review Contractor supplied Operations and Maintenance information for relevance and completeness and will prepare O&M Manual comments including markups of the literature. One review (by LB) of the revised contractor supplied Operations and Maintenance information will be checked that prior comments have been addressed. Task 2 Deliverables: • Reviewed Submittals up to number listed above • RFI responses up to number listed above • Change Order review comments to the number listed above • Start Up Report and Preliminary Punch List • Final Punch List • Record Drawings • O&M Manual comments (a red -line markup) Task 3 - Unanticipated Work Work under this task will be performed only if authorized in advance by the City. This task is intended for unanticipated activities that may arise during the course of work or additional work that the City wants performed. The total value of the unanticipated work is approximately 10% of other construction support activities ($8,120). Construction Support Assumptions The estimated time and materials not -to -exceed budget for service during construction is $84,368 and is presented in the attached fee estimate. The budget will not be exceeded without the City's prior authorization. If during the course of the work, a level of effort beyond the scope of work appears necessary, the Consultant will contact the City as soon as practical to discuss modifications to the scope of work and budget. The budget presented in the proposal reflects an estimate based on our current understanding of the project requirements. Consultant reserves the right to transfer hours between subtasks to satisfy project requirements. The budget is based on the assumptions listed in the scope above and noted below: • Contractor is responsible for all safety precautions during construction at all times. • Consultant is not responsible for reviewing pay requests. • Consultant may use Contractor's field office while on site. • Work does not include materials or compaction testing or on -site inspection. • Regarding the O&M Manual, it is not uncommon for the Contractor to submit a large amount of unrelated information with O&M Manual. If this occurs, the initial submittal will be rejecting after brief review in order to save the budget, and reviewing the second draft. • Assumptions and exclusions listed in prior project scopes and amendments are assumed to apply Packet Pg. 91 1.6.a EXHIBIT B City of Edmonds - Dayton PS Modification No. 3 Project Budget Task Summary 5/7/19 Supplemental Design Services Hours Charges Phase Task Total LB LB General Travel Subcontractor No. No. Phase/Task Labor Labor Revenue Expenses Expenses Charges Charges 1 1 Project Management Addenda set up 6.00 $1,014 $0 $0 $1,600 $2,613 7 0 Amend Plans and Supplmental Comments 0.00 $0 $0 $0 $4,993 $4,993 7 1 Update P&S for non-federal funding 4.00 $601 $0 $0 $0 $601 7 2 Antipated Additional City Comments 6.00 $946 $0 $0 $0 $946 9 1 Bid Support 10.00 $1,659 $0 $22 $3,864 $5,545 0.00 $0 $0 1 $0 SUBTOTAL 1 26.00 $4,219 $0 $22 1 $10,457 $14,698 Construction Support Services Sub Charges LB LB General Travel Subcontractor Task Task Total No. No. Description Labor Hrs Labor Revenue Expenses Expenses Charges Charges 1 1 Project Management Addenda set up 46.00 $7,187 $0 $0 $3,524 $10,711 2 0 Services During Construction 0.00 $0 $0 $0 $0 $0 2 1 Submittals 42.00 $6,294 $0 $0 $10,703 $16,996 2 2 RFls 26.00 $3,894 $0 $0 $9,364 $13,257 2 3 Change Order Assistance 20.00 $2,880 $0 $0 $2,174 $5,054 2 4 Construction Meetings and Site Visits 12.00 $2,253 $0 $84 $4,033 $6,370 2 5 Start Up Observation 16.00 $2,628 $0 $34 $7,843 $10,504 2 6 Record Drawings 28.00 $3,815 $0 $0 $4,040 $7,854 2 7 0&M Manuals 16.00 $2,627 $0 $0 $2,875 $5,502 3 0 Management Reserve 0.00 $0 $4,000 $0 $4,120 $8,120 0.00 $0 $0 $0 SUBTOTAL 52.00 1 $31,576 1 $4,000 1 $118 1 $48,675 1 $84,368 TOTAL $99,067 Packet Pg. 92 1.6.a City of Edmonds - Dayton PS Modification No. 3 Labor Revenue Summary 5/7/19 Supplemental Design Services Enter names and rates from left to right Task Totals Select Name, Class, OR Gisebun, Cammermeyer, Phase Task Michael S Jon W Ray Trujillo Vasquez, Ruben Olson, Arlene T No. 1 No. I Phase/Task Hours Revenues I Effective Labor Rate $206.50 $145.20 $150.00 $116.29 $93.93 1 1 Project Management Addenda set up 4.00 2.00 6.00 $1,014 7 0 Amend Plans and Supplmental Comment 0.00 0.00 0.00 $0 7 1 Update P&S for non-federal funding 2.00 0.00 0.00 2.00 4.00 $601 7 2 Antiipated Additional City Comments 2.00 2.00 2.00 6.00 $946 9 1 Bid Support 4.00 4.00 2.00 0.00 10.00 $1,659 Subtotal Hours 12,00 0.00 6.00 4.00 4.00 26.00 Subtotal Revenues $2,478 $0 $900 $465 $376 1 $4,219 Construction Support Services Sub Task Task Enter names and rates from left to right Giseburt, Cammermeyer, No. No. Michael S Jon W Ray Trujillo Mishra, Abishek Olson, Arlene T Hours Revenues No. No. Phase/Task $206.50 $145.20 $150.00 $119.42 $93.93 1 1 Project Management Addenda set up 20.00 12.00 14.00 46.00 $7,187 2 0 Services During Construction 0.00 0.00 2 1 Submittals 8.00 24.00 4.00 6.00 42.00 $6,294 2 2 RFls 8.00 8.00 4.00 6.00 26.00 $3,894 2 3 Change Order Assistance 4.00 8.00 4.00 4.00 20.00 $2,880 2 4 Construction Meetings and Site Visits 10.00 0.00 2.00 12.00 $2,253 2 5 Start Up Observation 8.00 4.00 4.00 16.00 $2,628 2 6 Record Drawings 4.00 4.00 20.00 28.00 $3,815 2 7 0&M Manuals 6.00 8.00 2.00 16.00 $2,627 31 0 Management Reserve Subtotal Hours 68.00 12.00 56.00 32.00 38.00 206.00 Subtotal Revenues $14,042 $1,742 $8,400 $3,821 $3,569 $31,576 Total Louis Berger Labor $35,795 Packet Pg. 93 Puget Sound Proposed .3 Force Main " Proposed Pump Station 4 Existing Outfall �1 1.6.b 4 C3oJ�4r�ao T.t / 1 alish ,+ Crossing p: 0, Ferry Toll Booths and Queuing Area � i �. J - Dayto tr eet_,. 1 Existing Dayton St 24" Diameter Drainage System E I { a O Harbor c w Square :° PW ' ... \ .20 to O CU ` } d D f� ` IL 1 0 65 130 260 390 520 _ City of Edmonds E Feet Dayton St Stormwater a (n I Pump Station - Vicinity Map Packet Pg. 94 1.7 City Council Agenda Item Meeting Date: 05/14/2019 Waterfront Redevelopment Project Bid Report & Award Staff Lead: Carrie Hite Department: Engineering Preparer: Megan Luttrell Background/History None. Staff Recommendation Place item on the City Council agenda for approval after the construction bids have been opened and a low bidder is determined. Narrative The project will remove the existing bulkhead in front of the Senior Center parking lot to restore shoreline habitat and improve public access. Proposed features compliment the work being done to build the new Edmonds Waterfront Center. Work includes re -grading the beach, driving steel sheet piles and forming and pouring concrete for a realigned portion of the marine walkway, pouring two new concrete staircases and an accessible ramp, re -grading the existing parking lot to meet the raised finish floor elevation of the building, placing asphalt for a new parking lot, providing striping and wheel stops for parking stalls, grading and installing drainage structures to support a series of bioretention planters, forming and pouring concrete for a new sidewalk along Railroad Avenue and installing irrigation and landscaping. The project costs are being funded by Park Impact Fees, WWRP, ALEA, Snohomish County and Funds 125 and 126. On April 11, 12, 18 and 19 the project was advertised for construction bids. Construction bids are due by 2:00 p.m. May 9, 2019, which may provide an opportunity to authorize the award the project at the May 14th City Council Meeting. The bid results, project budget and recommendation to award will be provided at the May 14th meeting. Construction is expected to begin by mid -June and be completed by February 2020. Packet Pg. 95 1.8 City Council Agenda Item Meeting Date: 05/14/2019 ILA Snohomish County Amendment 1 Extension of waterfront redevelopment Staff Lead: Carrie Hite Department: Parks, Recreation & Cultural Services Preparer: Carrie Hite Background/History Council authorized the Mayor's signature on the Snohomish County Interlocal Agreement for funding for the waterfront redevelopment project in May 2017. Staff Recommendation Forward to consent for full Council approval. Narrative Council authorized the Mayor's signature on the Snohomish County Interlocal Agreement for funding for the waterfront redevelopment project in May 2017. This ILA expires on June 30, 2019. Amendment 1 extends this ILA through December 30, 2020. This will carryover $125,000 of grant funds for us to use for the waterfront redevelopment project. Deputy Director Shannon Burley will be at the meeting to discuss and answer any questions. Attachments: Snohomish County ILA Waterfront Amendment 1 extending deadline 20170519 finalized Sno Co Waterfront Funding ILA Packet Pg. 96 1.8.a AMENDMENT NO. 1 TO INTERLOCAL AGREEMENT BETWEEN SNOHOMISH COUNTY AND THE CITY OF EDMONDS FOR PARK PROJECT FUNDING THIS AMENDMENT NO. 1 ("Amendment No. 1") to that certain Interlocal Agreement between Snohomish County and the City of Edmonds for Park Project Funding (the "Agreement") dated May 11, 2017, is made by and between Snohomish County, a political subdivision of the State of Washington (the "County"), and the City of Edmonds, a municipal corporation of the State of Washington (the "City"). NOW, THEREFORE, for and in consideration of the mutual benefits conferred on both parties, the parties agree as follows: 1. Section 2. Effective Date and Duration, is hereby amended to read as follows: This Agreement shall not take effect unless and until it has been duly executed by both parties and either filed with the County Auditor or posted on the County's Interlocal Agreements website. This Agreement shall remain in effect through December 30, 2020, unless earlier terminated pursuant to the provisions of Section 12 below, PROVIDED HOWEVER, that each party's obligations after December 31, 2017, are contingent upon local legislative appropriation of necessary funds for this specific purpose in accordance with applicable law. EXCEPT AS PROVIDED IN THIS AMENDMENT NO. 1, ALL TERMS AND CONDITIONS OF THE INTERLOCAL AGREEMENT DATED MAY 11, 2017, SHALL REMAIN IN FULL FORCE AND EFFECT. "COUNTY" "CITY" SNOHOMISH COUNTY CITY OF EDMONDS la Dave Somers, Executive Date Signed: Approved as to form only: By: Dave Earling, Mayor Date Signed: Approved as to Form: Depu y KrosebtiAg Altctey Date Office of City Attorney Date x 0 Packet Pg. 97 1.8.a AMENDMENT NO. 1 TO INTERLOCAL AGREEMENT BETWEEN SNOHOMISH COUNTY AND THE CITY OF EDMONDS FOR PARK PROJECT FUNDING THIS AMENDMENT NO. 1 ("Amendment No. 1") to that certain Interlocal Agreement between Snohomish County and the City of Edmonds for Park Project Funding (the "Agreement") dated May 11, 2017, is made by and between Snohomish County, a political subdivision of the State of Washington (the "County"), and the City of Edmonds, a municipal corporation of the State of Washington (the "City"). NOW, THEREFORE, for and in consideration of the mutual benefits conferred on both parties, the parties agree as follows: 1. Section 2. Effective Date and Duration, is hereby amended to read as follows: This Agreement shall not take effect unless and until it has been duly executed by both parties and either filed with the County Auditor or posted on the County's Interlocal Agreements website. This Agreement shall remain in effect through December 30, 2020, unless earlier terminated pursuant to the provisions of Section 12 below, PROVIDED HOWEVER, that each party's obligations after December 31, 2017, are contingent upon local legislative appropriation of necessary funds for this specific purpose in accordance with applicable law. EXCEPT AS PROVIDED IN THIS AMENDMENT NO. 1, ALL TERMS AND CONDITIONS OF THE INTERLOCAL AGREEMENT DATED MAY 11, 2017, SHALL REMAIN IN FULL FORCE AND EFFECT. "COUNTY" SNOHOMISH COUNTY 0 Dave Somers, Executive Date Signed: Approved as to form only: De rney �0 l Date 1 By: "CITY" CITY OF EDMONDS Dave Earling, Mayor Date Signed: Approved as to Form: Office of City Attorney Date Packet Pg. 98 1.8.b INTERLOCAL AGREEMENT BETWEEN SNOHOMISH COUNTY AND THE CITY OF EDMONDS FOR PARK PROJECT FUNDING This 1NTERLOCAL AGREEMENT BETWEEN SNOHOMISH COUNTY AND THE CITY OF EDMONDS FOR PARK PROJECT FUNDING (this "Agreement"), is made and entered into this day of ��� 2017, by and between SNOHOMISH COUNTY, a political subdivision of the State of Washington (the "County"), and the CITY OF EDMONDS, a Washington municipal corporation (the "City"), pursuant to Chapter 39.34 RCW. RECITALS A. The 2015 General Policy Plan, Parks and Recreation, Goal PR 1, includes a component to provide recreation services to Snohomish County's residents in the most effective and efficient way possible; and B. The County Executive and the County Council have determined that it is consistent with the General Policy Plan and is in the public interest of County residents to participate in joint undertakings with local municipalities to increase recreational opportunities and facility capacity; and C. The County Council approved Ordinance 16-094, dated on November 14, 2016, which adopted the 2017-2022 Capital Improvement Program as part of the Snohomish County Capital Facilities Plan; and D. The Council adopted Priority Package Detail included funding for certain capital improvement projects, including 2-03 City of Edmonds Waterfront Redevelopment II, Package ID#: 632 in an amount up to One Hundred Twenty -Five Thousand and no/100 Dollars ($125,000.00) in REET 2 funds (the " Funds") for the purpose of helping fund improvements for the Edmonds Waterfront Redevelopment project, excluding construction and/or installation of the parking lot; and E. Pursuant to this Agreement and Chapter 39.34 RCW, the City wishes to accept the above -described Funds from the County; and AGREEMENT NOW, THEREFORE, in consideration of the respective agreements set forth below and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the County and the City agree as follows: 1. Purpose of Agreement This Agreement is authorized by and entered into pursuant to Chapter 39.34 RCW. The purpose and intent of this Agreement is to define the responsibilities of the County and the City as they relate to the County's provision of Funds to the City for INTERLOCAL AGREEMENT BETWEEN SNOHOMISH COUNTY AND THE CITY OF EDMONDS FOR PARK PROJECT FUNDING 1 of 9 Packet Pg. 99 1.8.b improvements to Edmonds Waterfront Redevelopment II project (the "Project") located along the Edmonds waterfront in front of the Senior Center, 220 Railroad Avenue, Edmonds, WA and the continued walkway south of the Senior Center (the "Park Property"). The project will enhance the waterfront experience by removing the creosote pier, adding wider stairs and seat wall, adding an ADA ramp to the beach, adding a hand boat launch, and reintroducing natural elements to the beachfront to increase habitat. It will add 300 feet of walkway, connecting to the northern walkway leading to Brackett's South and Brackett's North. 2. Effective Date and Duration. This Agreement shall not take effect unless and until it has been duly executed by both parties and either filed with the County Auditor or posted on the County's Interlocal Agreements website. This Agreement shall remain in effect through June 30, 2019, unless earlier terminated pursuant to the provisions of Section 12 below, PROVIDED HOWEVER, that each party's obligations after December 31, 2017, are contingent upon local legislative appropriation of necessary funds for this specific purpose in accordance with applicable law. 3. Administrators. Each party to this Agreement shall designate an individual (an "Administrator"), who may be designated by title or position, to oversee and administer such party's participation in this Agreement. The parties' initial Administrators shall be the following individuals: County's Initial Administrator: Tom Teigen, Director Snohomish County Parks and Recreation Department 6705 Puget Park Drive Snohomish, Washington 98296 (425) 388-6617 phone (425) 388-6645 facsimile Tom.Teigen@snoco.org Cit_ 's Initial Administrator: Carrie Hite, Director Parks, Recreation and Cultural Services City of Edmonds 700 Main Street Edmonds, WA. 98020 (425) 771-0256 phone carrie.hite@edmondswa.gov Either party may change its Administrator at any time by delivering written notice of such party's new Administrator to the other party. 4. Project Performance. 4.1 Certification of Real Property Interest that the City owns the real property or easements executed and additional real property or easements Project. The City certifies to the County upon which the Project shall be are not needed to complete the INTERLOCAL AGREEMENT BETWEEN SNOHOMISH COUNTY AND THE CITY OF EDMONDS FOR PARK PROJECT FUNDING 2 of 9 Packet Pg. 100 1.8.b 4.2 City's Financial Commitment. The City certifies to the County that the City has monies sufficient to match any funding provided by the County to the City under the terms of this Agreement and will have sufficient monies to complete the Project by the Project deadline identified in Section 4.3 below (the "City's Financial Commitment"). 4.3 Project Deadline. On or before June 30, 2019, the City shall complete the Project. In executing the Project, the City shall obtain and, upon request, provide the County with copies of all permits necessary to complete the Project. 4.4 Recoggition of County as Financial Sponsor. The City shall recognize the County as a financial sponsor of the Project as follows: 4.4.1 Upon completion of the Project or dedication of the Park Property, whichever comes first, the City shall install at the Park Property a plaque in a forin approved by the County that indicates that the County is a financial sponsor of the Project; 4.4.2 The City shall invite the County to all events promoting the Project or Park Property and recognize the County at all such events as a financial sponsor of the Proj ect; 4.4.3 The City shall recognize the County as a financial sponsor in all brochures, banners, posters, and other promotional material related to the Project. 4.5 Project Maintenance. The City shall be responsible for on -going capital improvements to, and maintenance of, the Project and Park Property. The County makes no commitment to support the Project or Park Property beyond what is provided for in this Agreement and assumes no obligation for future support of the Project or Park Property except as expressly set forth in this Agreement. 4.6 Availability to County Residents. The City shall make the Park Property available to all County residents on the same terms as to residents of the City. 5. Invoicing and Payment. 5.1 Invoicing. Prior to June 30, 2019, the City shall submit to the County an invoice requesting disbursement of the Funds for the Project. The invoice shall provide line item detail for materials, labor and overhead and include any documentation requested by the County, including but not limited to documentation as to what amounts have been spent by the City on the Project. 5.2 " Payment. Unless the County delivers to the City written notice disputing the amount of a particular line item, within twenty (20) working days of receipt from the City of an invoice properly submitted to the County pursuant to Section 5.1, the County shall remit to the City an amount not to exceed One Hundred Twenty -Five Thousand and INTERLOCAL AGREEMENT BETWEEN SNOHOMISH COUNTY AND THE CITY OF EDMONDS FOR PARK PROJECT FUNDING 3 of 9 Packet Pg. 101 1.8.b no/100 Dollars ($125,000.00). 5.3 No Overpayments. In the event that the Project is completed for less than the combined total of the Funds and the City's Financial Commitment, the County shall remit to the City an amount of Funds equal to the difference between the City's Financial Commitment and the total cost of the Project. In no case shall the City retain Funds which it does not utilize in the Project or that it utilizes in the Project without first exhausting the City's Financial Commitment. Should an overpayment occur, the County shall give written notice to the City of the overpayment, and within thirty (30) days of the notice of overpayment the City shall return to the County the overpaid Funds plus interest at the rate of twelve percent (12%) per annum beginning thirty (30) days from the date of the notice of overpayment. 5.4 Accounting. The City shall maintain a system of accounting and internal controls that complies with generally accepted accounting principles and governmental accounting and financial reporting standards and provisions concerning preservation and destruction of public documents in accordance with applicable laws, including Chapter 40.14 RCW. 5.5 Recordkeeping. The City shall maintain adequate records to support billings. The records shall be maintained by the City for a period of five (5) years after completion of this Agreement. The County, or any of its duly authorized representatives, shall have access to books, documents, or papers and records of the City relating to this Agreement for purposes of inspection, audit, or the making of excerpts or transcripts. 6. Independent Contractor. The City will perform all work associated with the Project as an independent contractor and not as an agent, employee, or servant of the County. The City shall be solely responsible for control, supervision, direction and discipline of its personnel, who shall be employees and agents of the City and not the County. The County shall only have the right to ensure performance. 7. Indemnification/Hold Harmless. The City shall assume the risk of, be liable for, and pay all damage, loss, costs and expense of any party arising out of the activities under this Agreement and all use of any improvements it may place on the Property. The City shall hold harmless, indemnify and defend the County, its officers, elected and appointed officials, employees and agents from and against all claims, losses, lawsuits, actions, counsel fees, litigation costs, expenses, damages, judgments, or decrees by reason of damage to any property or business and/or any death, injury or disability to or of any person or party, including but not limited to any employee, arising out of or suffered, directly or indirectly, by reason of or in connection with the acquisition or use of the Park Property and this Agreement; PROVIDED, that the above indemnification does not apply to those damages solely INTERLOCAL AGREEMENT BETWEEN SNOHOMISH COUNTY AND THE CITY OF EDMONDS FOR PARK PROJECT FUNDING 4 of 9 Packet Pg. 102 1.8.b caused by the negligence or willful misconduct of the County, its elected and appointed officials, officers, employees or agents. 8. Liability Related to City Ordinances, Policies, Rules and Regulations. In executing this Agreement, the County does not assume liability or responsibility for or in any way release the City from any liability or responsibility which arises in whole or in part from the existence or effect of City ordinances, policies, rules or regulations. If any cause, claim, suit, action or administrative proceeding is commenced in which the enforceability and/or validity of any such City ordinance, policy, rule or regulation is at issue, the City shall defend the same at its sole expense and, if judgment is entered or damages are awarded against the City, the County, or both, the City shall satisfy the same, including all chargeable costs and reasonable attorney's fees. 9. Insurance. The City shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons or damages to property which may arise from, or in connection with exercise of the rights and privileges granted by this Agreement, by the City, his agents, representatives, employees/subcontractors. The cost of such insurance shall be paid by the City. 9.1 Minimum Scope and Limits of Insurance. General Liability: Insurance Services Office Form No. CG 00 01 Ed. 11-88, covering COMMERCIAL GENERAL LIABILITY with limits no less than $1,000,000 combined single limit per occurrence for bodily injury, personal injury, and property damage. 9.2 Other Insurance Provisions. Coverage shall be written on an "Occurrence" form. The insurance policies required in this Agreement are to contain or be endorsed to contain the County, its officers, officials, employees, and agents as additional insureds as respects liability arising out of activities performed by or on behalf of the City in connection with this Agreement. 9.3 Verification of Coverage. The City shall furnish the County with certificate(s) of insurance and endorsement(s) required by this Agreement. 10. Compliance with Laws. In the performance of its obligations under this Agreement, each party shall comply with all applicable federal, state, and local laws, rules and regulations. 11. Default and Remedies. 11.1 Default. If either the County or the City fails to perform any act or obligation required to be performed by it hereunder, the other party shall deliver written notice of such failure to the non -performing party. The non -performing party shall have twenty (20) days after its receipt of such notice in which to correct its failure to perform INTERLOCAL AGREEMENT BETWEEN SNOHOMISH COUNTY AND THE CITY OF EDMONDS FOR PARK PROJECT FUNDING 5 of 9 Packet Pg. 103 1.8.b the act or obligation at issue, after which time it shall be in default ("Default") under this Agreement; provided, however, that if the non-performance is of a type that could not reasonably be cured within said twenty (20) day period, then the non -performing party shall not be in Default if it commences cure within said twenty (20) day period and thereafter diligently pursues cure to completion. 11.2 Remedies. In the event of a party's Default under this Agreement, then after giving notice and an opportunity to cure pursuant to Section 11.1 above, the non - Defaulting party shall have the right to exercise any or all rights and remedies available to it in law or equity. 12. Early 'termination. 12.1 30 pays' Notice. Except as provided in Sections 12.2 and 12.3 below, either party may terminate this Agreement at any time, with or without cause, upon not less than thirty (30) days advance written notice to the other party. The termination notice shall specify the date on which the Agreement shall terminate. 12.2 Lack of Funding. This Agreement is contingent upon governmental funding and local legislative appropriations. In the event that funding from any source is withdrawn, reduced, limited, or not appropriated after the effective date of this Agreement, this Agreement may be terminated by either party immediately by delivering written notice to the other party. The termination notice shall specify the date on which the Agreement shall terminate. 12.3 Termination for Breach. In the event that the City fails to complete the Project by June 30, 2019, commits a Default as described in Section 11, or otherwise fails to appropriate the funds necessary to complete the Project, the County may terminate this Agreement immediately by delivering written notice to the City. Within thirty (30) days of such early termination, the City shall return to the County all Funds previously disbursed from the County to the City for the Project plus interest at the rate of twelve percent (12%) per annum beginning thirty (30) days from the date of early termination. 13. Dispute Resolution. In the event differences between the parties should arise over the terms and conditions or the performance of this Agreement, the parties shall use their best efforts to resolve those differences on an informal basis. If those differences cannot be resolved informally, the matter may be referred for mediation to a mediator mutually selected by the parties. If mediation is not successful or if a party waives mediation, either of the parties may institute legal action for specific performance of this Agreement or for damages. The prevailing party in any legal action shall be entitled to a reasonable attorneys' fee and court costs. 14. Notices. INTERLOCAL AGREEMENT BETWEEN SNOHOMISH COUNTY AND THE CITY OF EDMONDS FOR PARK PROJECT FUNDING 6 of 9 Packet Pg. 104 1.8.b All notices required to be given by any party to the other party under this Agreement shall be in writing and shall be delivered either in person, by United States mail, or by electronic mail (email) to the applicable Administrator or the Administrator's designee. Notice delivered in person shall be deemed given when accepted by the recipient. Notice by United States mail shall be deemed given as of the date the same is deposited in the United States mail, postage prepaid, and addressed to the Administrator, or their designee, at the addresses set forth in Section 3 of this Agreement. Notice delivered by email shall be deemed given as of the date and time received by the recipient. 15. Miscellaneous. 15.1 Entire Agreement; Amendment. This Agreement constitutes the entire agreement between the parties regarding the subject matter hereof, and supersedes any and all prior oral or written agreements between the parties regarding the subject matter contained herein. This Agreement may not be modified or amended in any manner except by a written document executed with the same formalities as required for this Agreement and signed by the party against whom such modification is sought to be enforced. 15.2 Conflicts between Attachments and Text. Should any conflicts exist between any attached exhibit or schedule and the text or main body of this Agreement, the text or main body of this Agreement shall prevail. 15.3 Governing Law and Venue. This Agreement shall be governed by and enforced in accordance with the laws of the State of Washington. The venue of any action arising out of this Agreement shall be in the Superior Court of the State of Washington, in and for Snohomish County. In the event that a lawsuit is instituted to enforce any provision of this Agreement, the prevailing party shall be entitled to recover all costs of such a lawsuit, including reasonable attorney's fees. 15.4 Interpretation. This Agreement and each of the terms and provisions of it are deemed to have been explicitly negotiated by the parties, and the language in all parts of this Agreement shall, in all cases, be construed according to its fair meaning and not strictly for or against either of the parties hereto. The captions and headings in this Agreement are used only for convenience and are not intended to affect the interpretation of the provisions of this Agreement. This Agreement shall be construed so that wherever applicable the use of the singular number shall include the plural number, and vice versa, and the use of any gender shall be applicable to all genders. 15.5 Severability. If any provision of this Agreement or the application thereof to any person or circumstance shall, for any reason and to any extent, be found invalid or unenforceable, the remainder of this Agreement and the application of that provision to other persons or circumstances shall not be affected thereby, but shall instead continue in full force and effect, to the extent permitted by law. INTERLOCAL AGREEMENT BETWEEN SNOHOMISH COUNTY AND THE CITY OF EDMONDS FOR PARK PROJECT FUNDING 7 of 9 Packet Pg. 105 1.8.b 15.6 No Waiver. A party's forbearance or delay in exercising any right or remedy with respect to a Default by the other party under this Agreement shall not constitute a waiver of the Default at issue. Nor shall a waiver by either party of any particular Default constitute a waiver of any other Default or any similar future Default. 15.7 No Assignment. This Agreement shall not be assigned, either in whole or in part, by either party without the express written consent of the other party, which may be granted or withheld in such party's sole discretion. Any attempt to assign this Agreement in violation of the preceding sentence shall be null and void and shall constitute a Default under this Agreement. 15.8 Warranty of Authority. Each of the signatories hereto warrants and represents that he or she is competent and authorized to enter into this Agreement on behalf of the party for whom he or she purports to sign this Agreement. 15.9 No Joint Venture. Nothing contained in this Agreement shall be construed as creating any type or manner of partnership, joint venture or other joint enterprise between the parties. 15.10 No Separate Entity Necessary The parties agree that no separate legal or administrative entities are necessary to carry out this Agreement. 15.11 Ownership of Property.. Except as expressly provided to the contrary in this Agreement, any real or personal property used or acquired by either party in connection with its performance under this Agreement will remain the sole property of such party, and the other party shall have no interest therein. 15.12 No Third Party Beneficiaries. This Agreement and each and every provision hereof is for the sole benefit of the City and the County. No other persons or parties shall be deemed to have any rights in, under or to this Agreement. 15.13 Execution in Counterparts. This Agreement may be executed in two or more counterparts, each of which shall constitute an original and all of which shall constitute one and the same agreement. [The remainder of this page is intentionally left blank.] INTERLOCAL AGREEMENT BETWEEN SNOHOMISH COUNTY AND THE CITY OF EDMONDS FOR PARK PROJECT FUNDING 8 of 9 Packet Pg. 106 1.8.b IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written. COUNTY: CITY: Snohomish County, a political subdivision City of Edmonds, a Washington of the State of Washington munic' corporation KEN KLEIN Executive Director s By G-+ 4-L Name: Dave Somers Name: Dave Earling Title: Executive Title: Mayor Attest/Authenticate By ame: Scott Passey Title: City Clerk Approved as to Form: Approved as to Form: Deputy Prosecuting Aoney cce of the City Attorney E CIL USE ONLY 7 UMRLOCAL AGREEMENT BETWEEN SNOHOMISH COUNTY AND THE CITY OF EDMONDS FOR PARK PROJECT FUNDING 9 of 9 Packet Pg. 107 1.9 City Council Agenda Item Meeting Date: 05/14/2019 Presentation of a 10ft Dedication along 72nd Ave W adjacent to 17606 72nd Ave W Staff Lead: Rob English Department: Engineering Preparer: Megan Luttrell Background/History None. Staff Recommendation Forward this item to the May 215t Council meeting for approval. Narrative The City of Edmonds is reviewing a proposed development project, Spence 2 Lot Subdivision, located at 17606 72nd Ave W. The existing street right of way on 72nd Ave W is 50 feet at this location and the Official City of Edmonds Street Map indicates that 10 feet shall be dedicated to increase the right of way width to 60 feet. Staff recommends the City Council approve the 10 ft. street dedication. Attachments: Short Plat Map with Dedication Deeds Map with Dedication Packet Pg. 108 I 1.9aI i n� 2 DATUM : NGVD 29 = NAVD88 -3.72' BENCH: NAVD 88 PER G4 GPS SURVEY SITE BENCH: TBM #1-FOUND CONCRETE MONUMENT IN CASE W/2" BRASS DISK W/ "X" IN CASE f0.60' BELOW EL=394.41 (9/12/17) BASIS OF BEARINGS: NAVD88 GPS SURVEY NOTES: SURVEY NOTES: EQUIPMENT USED: TOPCON DS SERIES TOTAL STATION (1" DIRECT READING THEODOLITE WITH E.D.M.) PRECISION OF CONTROL TRAVERSE IS AT A HIGHER LEVEL THAN MINIMUM STANDARDS REQUIRED BY WAC, 332-130-090. LEGAL DESCRIPTION: EXISTING PARCEL: LOT 1 MEADOWDALE SOUND VIEW TRACTS, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 11 OF PLATS, PAGE 51 RECORDS OF SNOHOMISH COUNTY, WA. PROPOSED LOT 1: THAT PORTION OF LOT 1 MEADOWDALE SOUND VIEW TRACTS, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 11 OF PLATS, PAGE 51 RECORDS OF SNOHOMISH COUNTY, WA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 1; THENCE EAST ALONG THE NORTH LINE OF SAID LOT 1 S 87'53'40"E A DISTANCE OF 199,63'; THENCE S 0' 48'50"W FOR A DISTANCE OF 112.64' TO THE SOUTH LINE OF SAID LOT 1; THENCE WEST ALONG SAID SOUTH LINE N 89'11'10"W A DISTANCE OF 194.97' TO THE SW CORNER OF SAID LOT; THENCE NORTH ALONG THE WEST LINE OF SAID LOT N 1'26'26" ALONG THE WEST LINE THEREOF A DISTANCE OF 117.23" TO THE TRUE BEGINNING. PROPOSED LOT 2: THAT PORTION OF LOT 1 MEADOWDALE SOUND VIEW TRACTS, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 11 OF PLATS, PAGE 51 RECORDS OF SNOHOMISH COUNTY, WA, DESCRIBED AS FOLLOWS: EXCEPT THAT PORTION DESCRIBED THEREOF: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 1; THENCE EAST ALONG THE NORTH LINE OF SAID LOT 1 S 87'53'40"E A DISTANCE OF 199.63% THENCE S 0' 48'50"W FOR A DISTANCE OF 112.64' TO THE SOUTH LINE OF SAID LOT 1; THENCE WEST ALONG SAID SOUTH LINE N 89'11'10"W A DISTANCE OF 194.97' TO THE SW CORNER OF SAID LOT; THENCE NORTH ALONG THE WEST LINE OF SAID LOT N 1'26'26" ALONG THE WEST LINE THEREOF A DISTANCE OF 117.23" TO THE TRUE BEGINNING. SW 114, SW 1/4 SEC. 8 ,TWP. 27 N ,RGE. 4_E ,W.M. MEADOWDALE CITY OF EDMONDS PLN: #20 W W w W W w w W W I 176TH ST Sw ­51 1 199.63 r 8 ALDERSTOP ROCK WALL I - „ r , SIGN f5' HIGH ' a 28" tt - - - - �y - - _ \ OHP OHP fi' WIDE 8" DhCIDUOUS ,;% ui �t OHP CONC. WALL �\ ¢�i -- _, i o) D N I 1 r+" ALDER / OHP 3 t5' HIGH 0.2' W. / 16 SIR ----� q ` ` - 0 I 1 / N N J0 R z t0.6' WIDE _ \ , I I 28'" FIR �/ ---•--._.�. END OF FENCE I 17.0' S. OF NW -'-1_ - --t--_ - -�L- 2'„ Fi - I 25' BSBL \ � M / Z (a / 5WOOD FENCE CROSSES PRpP. CORNER PROP. LINE 4 1. 1' S. OF 1 I "' \ I z I 25' BSBL NW PROP. CORNER I I I A 07?/� - - EXISTING I I I GARAGE �I 0) I EX. 5' WOOD FENCE �` I LOT 1 I 1; EXISTING HOUSE I 22, 659 SF I r' 17606 72ND AVE W LOT 9 RUTH CARTERIco N I I I Z I "� 4" DECIDUOUS 34 FIR`�. EX. 6' WOOD FENCE \ `' � I � } / / \ � ..,• ` _ ---T 28" CEDAR 25' BSBL END OF \\ \ - �- � \ FENCE 40 „ , FAR _ - s I \ .7 E.. \ �„ �E:i�A -.. / 26" FIR �� I \ 0 194.97' F , ...�� ca 00 / 12 O� I EXISTINGI 'f�0 tij� GRAVEL Ar� ) a - IU FUTURE / ...... ::I°r- HOUSE LOT 2 FFE=397.00 a I 12,527 SF ; 1 i I / 1....:. _ J..: s , • ,,—,J° . . . . . . �:`.`. •: •.•.` .t it, 'l •ham• �� ,. EX GRAVEL : �.....: : :..... 10 BSBL 22 [31R� i - / REDWOOD n} < ' t -380_ . \ \ \ I 28" FIR \ N891110' W 319.63' 3" BIRCH 16� DECi. ' OU� � - -37g1 \ \ \ I EX. 6' WOOD `I 28" \ \ \ \ % �� I 6' WOOD FENCE 39 c� Q 36" MAPLE J / FENCE I `� I 8 1 1 LOT 2 CHRISTOPHER a JENSEN, MARIA BOLLARD I I UTILITY CONFLICT NOTE: CAUTION: ` THE CONTRACTOR SHALL BE RESPONSIBLE FOR VERIFYING THE LOCATION, DIMENSION, AND DEPTH OF ALL EXISTING UTILITIES WHETHER M, SHOWN ON THESE PLANS OR NOT, BY POTHOLING THE UTILITIES AND ® SURVEYING THE HORIZONTAL AND VERTICAL LOCATION PRIOR TO CONSTRUCTION. THIS SHALL INCLUDE CALLING UTILITY LOCATE 1-800-424-5555 POTHOLING ALL OF THE EXISTING UTILITIES AT LOCATIONS OF NEW UTILITY CROSSINGS TO PHYSICALLY VERIFY WHETHER a Know what's below. OR NOT CONFLICTS EXIST. LOCATIONS OF SAID UTILITIES AS SHOWN ON THESE PLANS ARE BASED UPON THE UNVERIFIED PUBLIC INFORMATION s Call two business CAND ARE SUBJECT ONTRACTOR SHALL TCONSULT I FSHOULD OCCUR, HE WITH THE ENGINEERCONFLICTS OFRECCORDTO days before you dig. RESOLVE ALL PROBLEMS PRIOR TO PROCEEDING WITH CONSTRUCTION. END OF FENCE SCHOOL BUS SIGN FND CONC, MON. W/2" BRASS DISK. W/ "X" IN CASE J/ t0.60' BE(..CiW EL== 394.41 9/12/17 cas GAS GAS GAS _ W o w —=---- w w W W w— W -- SD SO SD — I N y OHP OHP %L1 POWER POLE "DECOMMISSIONED" 5' PUD ESMT . 200711060643 ROPOSED 10 W DEDICATION 0 I m ri �2' 1 MIN 6' WOOD FENCE CORNER I FALLS ON PROP. LINE LOT 3 = 30' 110.6' W. OF SE PROP. CORNER R O B E RT D SHOUP 0 GAS GAS GAS -o E N a D N � N N 0 z 9;3s 0 N m N N y O z� 20' I FOUND 2" IRON PIPE 0.51'S X 0.13'W OF PROP. CORNER i; 9-12-17 OHP II fSW SW O 0 173TH PL SW 176 N i z i 180TH ST SW ►i�io KXXX VICINITY MAP SCALE 1" = 2,000' N PROJECT INFORMATION APPLICANT/OWNER......................................... DUNCAN & STEPHANIE SPENCE 701 DALEY ST, EDMONDS, WA 98020 PHONE: (206) 565-9832 EMAIL: dunconspenOgmail.com SURVEYOR/ENGINEER..................................... GROUP FOUR, INC. P.O. BOX 1059 LAKE STEVENS, WA. 98258 PHONE: (425) 408-1152 PROJ. MGR.: KEN WILLIAMS SITE ADDRESS................................................17606 72ND AVE W, EDMONDS, WA 98026 GEOTECH.................................. ROBINSON NOBLE. 17625 130TH AVE NE, SUITE 102 WOODINVILLE, WA. 98072 PHONE: (425) 488-0599 ZONING........................................................... RS-12 PROPOSED LAND USE .................................... SINGLE FAMILY DETACHED ACREAGE........................................................ 36,287 SF (0.83 AC) LOTS............................................................... 2 AVERAGE LOT SIZE.........................................17,593 SF DEDICATED RIGHT OF WAY ............................ 1,101 SF (0.03 AC) WATER SOURCE/PURVEYOR ............................ CITY OF EDMONDS PUBLIC WORKS AND UTILITIES 7110 210TH SW EDMONDS, WA 98026 (425)-771-0235 SEWER METHOD/OPERATOR....................... CITY OF EDMONDS FIRE DISTRICT ................................................. FD NO. 1 SCHOOL DISTRICT ........................................... EDMONDS SD NO. 15 TAX ACCOUNT NUMBERS................................00513600000100 CLEARING IN SQ FT ....................................... 10,900 S.F. (0.25 AC) GRADING QUANTITIES-CUT/EXCAVATION.......... 19 C.Y.* GRADING QUANTITIES-FILL..............................10 C.Y.* PROPOSED HARD SURFACE-NEW...................2,530 S.F. (0.06 AC) PROPOSED HARD SURFACE -REMOVED ........... 1,300 S.F. (0.03 AC) PROPOSED HARD SURFACE -NEW+ REPLACED.2,530 S.F. (0.06 AC) PROJECT CLASSIFICATION................................SMALL SITE CATEGORY 1 Sheet List Sheet Number Sheet Title 1 COVER SHEET 2 LEGEND, ABBREVIATIONS AND NOTES 3 EXISTING CONDITIONS 4 SWPPP AND DEMO PLAN 5 GRADING PLAN 6 SITE AND FRONTAGE PLAN 7 DRAINAGE PLAN 8 DRAINAGE DETAILS 9 SEWER AND WATER PLAN GENERAL NOTES: 1) *GRADING QUANTITIES ARE CALCULATED FROM SURFACE AREA AND CONTOURS ONLY. THEY DO PFN: #20170057 NOT ACCOUNT FOR TOP SOIL REMOVAL OR SHRINK OR SWELL. CONTRACTOR SHALL PREPARE HIS OR HER OWN GRADING QUANTITIES FOR CONSTRUCTION AND BIDDING PURPOSES. 2) THE LOCATION OF FUTURE GAS, CABLE .AND POWER UTILITIES SHALL BE COORDINATED BY PROPERTY OWNER DURING CONSTRUCTION. 3) A SEPARATE RIGHT OF WAY CONSTRUCTION PERMIT IS REQUIRED FOR ALL WORK WITHIN CITY RIGHT OF WAY. .R r AYMN AN APPROVED FOR CONSTRUCTION CITY OF EDMONDS 0 0 M � J W W U 0 ER i co Uu � G o y w 0 N O H c �o o" O m CO 4 H Q J a J O U� O W J O = a w G a °C 0 O 0 a CITY ENGINEERING DIVISION c Z G 0 a Z _ a a Q 0 co c m U a r 0 w IIL O U SHEET OF 1 9 17-0523 Q Packet Pg. 109 RA TS afteosolair R A� _4 Al 17 - -wF I City Council Agenda Item Meeting Date: 05/14/2019 Report on Bids for the 238th St. SW Island Improvements and Pedestrian Curb Ramp Barrier Removals Staff Lead: Rob English Department: Engineering Preparer: Megan Luttrell Background/History On March 12, 2019, staff presented this item to the Parks & Public Works committee prior to the first bid opening. On April 2, 2019, City Council rejected the construction bids received on March 21, 2019. Staff Recommendation Forward this item to the May 21st consent agenda for full Council approval. Narrative This Community Development Block Grant (CDBG) funded project will rehabilitate the traffic island on the west side of the intersection of 238t" St SW and Edmonds Way and install pedestrian curb ramps at the intersection of 71" Ave S & Alder St. On April 23, 2019, the City received 4 bids for construction. Bids for all three schedules ranged from a low of $289,905.75 to a high of $553,500.00. This amount far exceeds the project budget so staff is recommending that only Schedules A & B be awarded. Bids for Schedules A & B ranged from a low of $207,174.70 to a high of $401,095.00. The bids have been tabulated and are attached as Exhibit 1. The low bid of $207,174.70, submitted by Salinas Construction, was missing a required Section 3 Business document and was rejected as non -responsive. McCann Construction Enterprises submitted the low responsive bid in the amount of $269,708.00 for Schedules A & B. The Engineer's Estimate was $315,640.00. A review of the bidder's record has been completed and responses are positive. The total estimated construction budget with the construction contract, construction management and management reserve is $350,628 (refer to Exhibit 2). The available construction funding in the 2019 Budget and first quarter budget amendment is approximately $259,070. Staff recommends programming an additional $91,558 from the 2019 Overlay program to fund the shortfall. The overlay funding will be designated for the new ramps at 71" Ave and Alder St. Building ADA compliant ramps now will eliminate the need and cost to reconstruct them when both streets are paved in the near future. The $91,558 from the 2019 Overlay program will be a prorated share from Fund 112 (Gas tax and general fund) and REET Funding (refer to Exhibit 2). Packet Pg. 111 Construction is expected to begin in June and be completed in July. Attachments: Exhibit 1-Bid Tab Exhibit 2 - Construction Budget Exhibit 3 - 238th Island Area Map Packet Pg. 112 EXHIBIT 1 238th St SW Island Improvements Pedestrian Curb Ramp Barrier Removals Summary 1.10.a Bid Tab - 4/23/2019 Schedule I Engineer Salinas McCann I Apcon-Tech A-1 Landscaping A $ 160,313.00 $ 108,837.34 $ 131,617.50 $ 147,512.00 $ 231,576.00 B $ 155,327.00 $ 98,337.36 $ 138,090.50 $ 138,616.00 $ 169,519.00 C $ 122,565.00 $ 82,731.05 $ 104,614.75 $ 114,517.00 $ 152,405.00 A + B + C $ 438,205.00 $ 289,905.75 $ 374,322.75 $ 400,645.00 $ 553,500.00 A+113 $ 315,640.00 $ 207,174.70 $ 269,708.00 $ 286,128.00 $ 401,095.00 A $ 160,313.00 $ 108,837.34 $ 131,617.50 $ 147,512.00 $ 231,576.00 Packet Pg. 113 Exhibit 2 238th St SW Island Improvements Pedestrian Curb Ramp Barrier Removals E8DC.i 1.10.b 238th St. SW Island Improvements Pedestrian Curb Ramp Barrier Removals Proposed Construction Budget Amount Contract Award $ 269,708 Construction Management, Inspection & Testing (15%) $ 40,460 Management Reserve (15%) $ 40,460 Total = $ 350,628 Construction Funding 2019 Project Funding Amount CDBG Grant $ 189,220 Fund 125 - REET $ 49,850 Fund 125 - REET Remaining 1st Qtr Budget Amendment $ 20,000 Total Project Funding = $ 259,070 2019 Overlay Funds Fund 112 - Street & General Fund $ 33,785 Fund 125 - REET $ 27,285 Fund 126 - REET $ 30,488 Total Overlay Funding = $ 91,558 Q Packet Pg. 114 238th St SW Island Improvements Pedestrian Curb Ramp Barrier Removals PROJECT AR A / y , 238th St SW ► s . .. _. Walnut St . a : Packet Pg. 115 City Council Agenda Item Meeting Date: 05/14/2019 Presentation of a Supplemental Agreement with Blueline for Construction Management Services Staff Lead: Rob English Department: Engineering Preparer: Megan Luttrell Background/History On March 6, 2018, Council approved a Professional Services Agreement with Blueline to provide Capital Projects Construction Management, Engineering & Inspection Services for 2018 and 2019. Staff Recommendation Forward the item to the consent agenda for approval at the next Council meeting. Narrative The City issued a Request for Qualifications (RFQ) in November, 2017 to hire a consultant to support City staff with construction management, engineering and inspection services for various City funded capital projects that are scheduled to begin construction in 2018 and 2019. The City received statements of qualifications from six engineering firms and the selection committee chose Blueline to provide services during construction based on their qualifications, experience and approach. A separate supplemental agreement has now been negotiated for projects beginning in 2019. The City has negotiated a consultant fee of $207,500. This agreement will allow Blueline to provide services for the Capital Improvement Projects for which there is not enough staff this year to be able to inspect and administer these contracts. This contract will be funded by the respective utility fund. The Supplemental Agreement will provide support for the following large capital construction projects: 1. Dayton Street Utility Replacement Project Budget: $9.05M Status: Construction Construction: May 2019 - Fall 2020 2. Dayton Street Pump Station Budget: $1.92M Status: 90% Design Construction: August 2019 - December 2019 Each project will be managed by a City Capital Projects Manager. The consultant will assist the City's project manager by providing daily field inspection and assisting with contract administration duties such as review of contractor's progress schedule, monthly invoices, manage request for information Packet Pg. 116 (RFI's) log, change order documentation, coordinate on -site material testing, assist with project close- out activities, respond to citizen questions and other duties as outlined in the scope of work. Attachments: Blueline Supplemental Agreement Packet Pg. 117 1.11.a c}t' I:na�r tc CITY OF EDMONDS DAVE EARLING MAYOR 121 5T" AVENUE NORTH • EDMONDS, WA 98020 • 425-771-0220 FAX 425-672-5750 - Website: www.edmondswa.gov C '"9a 1yg� PUBLIC WORKS DEPARTMENT Engineering Division SUPPLEMENTAL AGREEMENT 1 TO PROFESSIONAL SERVICES AGREEMENT Capital Projects Construction Management, Engineering and Inspection Services WHEREAS, the City of Edmonds, Washington, hereinafter referred to as the "City", and The Blueline Group, LLC, hereinafter referred to as the "Consultant", entered into an underlying agreement for design, engineering and consulting services with respect to a project known as Capital Projects Construction Management, Engineering and Inspection Services project, dated March 20, 2018; and WHEREAS, additional tasks to the original Scope of Work have been identified with regard to providing construction inspection, construction administration, and project management services; In consideration of mutual benefits occurring, it is agreed by and between the parties thereto as follows: 1. The underlying Agreement of March 20, 2018 between the parties, incorporated by this reference as fully as if herein set forth, is amended in, but only in, the following respects: 1.1 Scope of Work. The Scope of Work set forth in the underlying agreement shall be amended to include the additional services and material necessary to accomplish the stated objectives as outlined in the attached Exhibit A incorporated by this reference as fully as if herein set forth. 1.2 The $295,700 amount set forth in paragraph 2A of the underlying Agreement and stated as an amount which shall not be exceeded, is hereby amended to include an additional not to exceed amount of $207,500 for the additional scope of work identified in Exhibit A to this supplemental agreement. As a result of this supplemental agreement, the total contract amount is increased to a new total not -to -exceed amount $503,200 ($295,700 plus $207,500). 1.3 Exhibit B to the underlying agreement consisting of the rate and cost reimbursement schedule is hereby amended to include the form set forth on the attached Exhibit B to this addendum, incorporated by this reference as fully as if herein set forth. 2. In all other respects, the underlying agreement between the parties shall remain in full force and effect, amended as set forth in Supplemental Agreement No. 1 but only as set forth herein. Packet Pg. 118 DONE this day of , 20 CITY OF EDMONDS THE BLUELINE GROUP, LLC By: By: _ Mayor David O. Earling Title: ATTEST/AUTHENTICATE: Scott Passey, City Clerk APPROVED AS TO FORM: Office of the City Attorney Packet Pg. 119 STATE OF WASHINGTON ) )ss COUNTY OF ) On this day of , 20 , before me, the under -signed, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared , to me known to be the of the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. WITNESS my hand and official seal hereto affixed the day and year first above written. NOTARY PUBLIC My commission expires: \\edmw-deptfs\Engineering\StafflMegan\Engineering Admin\CONSULTANTS\CM.Eng.Inspection\2018_2019 Agreement\Blueline.Supp 1.doc Packet Pg. 120 Exhibit 'A' to the Contract Agreement for Professional Services between The Blueline Group, LLC and the City of Edmonds for Construction Services for 2019 Projects, dated May 8, 2019. Task 001 - CONSTRUCTION INSPECTION SERVICES Fee: Time and Expense (Estimated S 136,300) Blueline will provide as -needed inspection services at the City's request during the 2019 construction season, and will coordinate construction management activities with the City. Services under this task are anticipated to include: 1. Review plans/specifications and visit the site. 2. Review materials delivered to the site to review compliance with City approved submittals. 3. Provide inspection for all aspects of the construction activity to review Contractor compliance with the contract plans and specifications. 4. Coordinate compaction and materials testing with the testing agency selected by the City under a separate contract. 5. Coordinate all testing with the City and Contractor for the projects. 6. Coordinate final connections with the City and Contractor for water main projects. 7. Record and report the progress of the construction operations to the City throughout the duration of the contract. 8. Furnish the City with verification of all quantities of materials. 9. Provide final project inspection including punchlists. 10. Provide as -built redlines to supplement the Contractor's redlines. 11. Monitor the Contractor's traffic control operations to review compliance with City approved Traffic Control Plan. 12. Be responsive to requests from citizens and businesses. Deliverables (to be submitted weekly during construction): • Inspector's Daily Reports. • Records of Force Account Work. • Weekly Tabulation of Quantities Placed (with all truck tickets attached). • Construction Progress Photos. It is anticipated that the City will: • Provide purity testing (with coordination provided by Inspector). • Review submittals and project schedules. Assumptions: • Projects include the Dayton Utility Replacement Project (1 10 working days) and the Dayton Pump Station (65 working days) projects. • The Contractor will provide construction staking for the projects. • The City or Design Engineering Firm will prepare as -built drawings based on the as -built redlines. Mileage associated with onsite construction inspection has been included in this task. Packet Pg. 121 Exhibit W to the Contract Agreement for Professional Services between The Blueline Group, LLC and the City of Edmonds for Construction Services for 2019 Projects, dated May 8, 2019. Task 002 - CONSTRUCT/ONADM/N/STRA T/ON SERVICES Fee: Time and Expense (Estimated $38,200) Blueline will provide construction administration services for this project during the construction period. Services under this task are anticipated to include any of the following items as budget allows and as requested by each City Project Manager: 1. Review plans and specifications and visit the site prior to the Pre -Construction Conference. 2. Attend Pre -Construction Conference. 3. Send out minutes from Pre -Construction Conference. 4. Review and approve Contractor progress schedules. 5. Review and approve contract pay estimates, and prepare pay requests for the City approval. 6. Prepare change orders, as needed. 7. Prepare and submit weekly reports (Statement of Working Days and Project Progress Chart). 8. Log affidavits/intents/certified payroll. 9. Provide project filing. 10. Provide RFI log. 11. Coordinate changes to drawings or specifications as necessary to respond to field conditions (As needed - coordinating with the City Project Manager). 12. Monitor construction to determine contractor compliance and prepare associated documentation. 13. General consultation and coordination on an as -needed basis to address construction questions. 14. Assist with preparing punch lists and final inspection. 15. Prepare recommendation of project acceptance. 16. Attend and conduct construction meetings as required. Provide meeting minutes to attendees. We assume at this point that a construction meeting will be held approximately weekly. 17. Additional construction inspection services and project management, as needed. Assumptions: • This task includes the Dayton Utility Replacement Project (1 10 working days) and the Dayton Pump Station Project (65 working days). • The City or Design Engineering Firm will prepare as -built drawings based on the as -built redlines. • The City will be reviewing submittals and maintaining the submittal log. • Mileage associated with construction administration has been included in this task. • If additional inspection time or project management is requested beyond the scope of Tasks 001 and 003, it will be billed under this task. Packet Pg. 122 Exhibit 'A' to the Contract Agreement for Professional Services between The Blueline Group, LLC and the City of Edmonds for Construction Services for 2019 Projects, dated May 8, 2019. Task 003 - /'ROJECTMANAGEMENT Fee: Time and Expense (Estimated $18,000) This task is for general coordination and meetings on the project, including: 1. Management of all tasks and staff for construction inspection services. 2. Communication with the City of Edmonds regarding the construction. 3. Budget tracking and providing weekly updates to the City. 4. Preparation of consultant monthly invoices for work performed during the previous month, including any pertinent backup materials. Assumptions: • Projects include the Dayton Utility Replacement Project (1 10 working days) and the Dayton Pump Station (65 working days) projects. • If additional inspection time is requested beyond the scope of Tasks 001 or 002, it may be billed under this task. Task 004 - MA NA GEMEN T RESERVE Fee: Time and Expense (Estimated $15,000) This task provides for unanticipated construction services deemed to be necessary during the course of the project. The Management Reserve task shall only be used after obtaining written authorization from the City. GENERAL ASSUMPT/ONSAND NOTES 1. Scope and fees outlined above are based on the following information (any changes to these documents may result in changes to the fees): a. Correspondence between the Blueline Group and the City of Edmonds prior to the signing of the contract. 2. The Dayton Utility Replacement Project City Project Manager will typically prepare the monthly pay estimates and force account documentation, as well as conduct any progress meetings. An allowance of 4 hours/week of support by Blueline was included should he require assistance or substitute coverage in his absence. 3. The client shall provide The Blueline Group with approved plans, contract documents, and any necessary inspection forms. 4. The fees stated above do not include reimbursable expenses such as large format copies (larger than letter/legal size), and plots. These items will be billed under a separate task called Expenses. 5. Compaction and materials testing will be billed directly to the City by the testing agency. G. Time and expense items are based on The Blueline Group's current hourly rates. 7. Night time work will include a 25% surcharge. 8. Night time work will be performed as full-time inspections only (8 hrs/shift minimum). Packet Pg. 123 Job Number: 19-114 Date: May 8, 2019 Attachment `B' to the Contract Agreement for Professional Services between the City of Edmonds and The Blueline Group, LLC for Construction Services for 2019 Projects dated May 8, 2019 City of Edmonds 2019 Construction Services Deanna Martin, PE Rob Dahn, PE Principal / Sr PM Construction Administrator Construction Inspector Task # Task $200/hr $165/hr $120/hr Total Mileage Total Hours Total Cost Rounded Cost Hours Hours Hours 001 Construction Inspection Services 0 $ 0 $ - 1100 $ 132,000 4,292 1,100 $ 136,292 $ 136,300 002 Construction Administration Services 0 $ 230 $ 37,950 0 $ - 244 230 $ 38,194 $ 38,200 003 Project Management 90 $ 18,000 0 $ - 0 $ - 0 90 $ 18,000 $ 18,000 004 Management Reserve $ 15,000 $ 15,000 Total 90 $ 18,000 230 $ 37,950 1 1,100 $ 132,000 $ 4,536 1 1,420 $ 207,486 Total Cost (Rounded) $ 207,500 The Blueline Group Packet Pg. 124 Attachment `B' to the Contract Agreement for Professional Services between the City of Edmonds and The Blueline Group, LLC for Construction Services for 2019 Projects dated May 8, 2019 City of Edmonds 2019 Construction Services Construction Inspection Services 001A Principal / Sr PM Construction Administrator Construction Inspector Dayton Utility Replacement Project TOTAL Item # Description $200/hr $165/hr $120/hr TOTAL HRS FEE HRS FEE HRS FEE HRS FEE 1 Pre -Construction Conference & Prep 0.0 $ 0.0 $ 36.0 $ 4,320 36.0 $ 4,320 2 Half-time Field (22 wk @ 20 hrs/wk) 0.0 $ 0.0 $ 440.0 $ 52,800 440.0 $ 52,800 3 Project Close-out, including punchlists, As -built Redlines 0.0 $ 0.0 $ 16.0 $ 1,920 16.0 $ 1,920 4 Mileage (24 wks x 200 mi/wk @ $0.58/mi) $ 2,784 Total 1 0.0 $ 1 0.0 $ 1 492.01 $ 59,040 1 492.0 $ 61,824 *Assumes 110 total working days Construction Inspection Services 001B Principal / Sr PM Construction Administrator Construction Inspector Dayton Pump Station Project TOTAL Item # Description $200/hr $165/hr $120/hr TOTAL HRS FEE HRS FEE HRS FEE HRS FEE 1 Pre -Construction Conference & Prep 0.0 $ 0.0 $ 28.0 $ 3,360 28.0 $ 3,360 2 Full-time Field (13 wks x 44 hrs/wk)* 0.0 $ 0.0 $ 572.0 $ 68,640 572.0 $ 68,640 3 Project Close-out, including punchlists, As -built Redlines 0.0 $ 0.0 $ 8.0 $ 960 8.0 $ 960 4 Mileage (13 wks x 200 mi/wk @ $0.58/mi) $ 1,508 Total 1 0.0 $ 1 0.0 $ 1 608.01 $ 72,960 608.0 $ 74,468 *Assumes 65 total working days Construction Administration Services 002A Principal / Sr PM Construction Administrator Construction Inspector Dayton Utility Replacement Project TOTAL Item # Description $200/hr $165/hr $120/hr TOTAL HRS FEE HRS FEE HRS FEE HRS FEE 1 Pre -Construction Conference & Prep 0.0 $ 4.0 $ 660 0.0 $ 4.0 $ 660 2 Weekly Admin Tasks (22 wks x 4 hrs/wk) 0.0 $ - 88.0 $ 14,520 0.0 $ 88.0 $ 14,520 3 Mileage (6 meetings x 20 mi @ $0.58/mi) $ 70 Total 0.0 $ 92.0 $ 15,1801 0.0 $ 92.0 $ 15,250 *Assumes 110 total working days The Blueline Group Packet Pg. 125 Attachment `B' to the Contract Agreement for Professional Services between the City of Edmonds and The Blueline Group, LLC for Construction Services for 2019 Projects dated May 8, 2019 City of Edmonds 2019 Construction Services Construction Administration Services 002B Principal / Sr PM Construction Administrator Construction Inspector Dayton Pump Station Project TOTAL Item # Description $200/hr $165/hr $120/hr TOTAL HRS FEE HRS FEE HRS FEE HRS FEE 1 Pre -Construction Conference & Prep 0.0 $ 4.0 $ 660 0.0 $ 4.0 $ 660 2 Weekly Admin Tasks (13 wks x 2 hrs/wk) 0.0 $ 26.0 $ 4,290 0.0 $ 26.0 $ 4,290 3 Weekly Progress Meeting and Minutes 0.0 48.0 $ 7,920 0.0 $ 48.0 $ 7,920 4 Pay Estimates & Change Orders (5 mo x 12 hrs/mo) 0.0 $ 60.0 $ 9,900 0.0 $ 60.0 $ 9,900 5 Mileage (15 wks x 20 mi/wk @ $.58/mi) 1 $ 174 Total 0.0 $ 1 138.01 $ 22,770 1 0.0 $ 138.0 $ 22,944 *Assumes 65 total working days Project Management 003A Principal / Sr PM Construction Administrator Construction Inspector Dayton Utility Replacement Project Item # Description $200/hr $165/hr $120/hr TOTAL HRS TOTAL FEE HRS FEE HRS FEE HRS FEE 1 Initial Project Setup, Review plans/specs 2.0 $ 400 0.0 $ 0.0 $ 2.0 $ 400 2 Review IDRs/documentation 22.0 $ 4,400 0.0 $ 0.0 $ 22.0 $ 4,400 3 Budget Tracking & Invoicing 22.0 $ 4,400 0.0 $ 0.0 $ 22.0 $ 4,400 4 Coordination with Staff and City as needed 8.0 $ 1,600 0.0 $ 0.0 $ 8.0 $ 1,600 Total 54.0 $ 10,8001 0.0 $ 1 0.0 $ 54.0 $ 10,800 *Assumes 110 total working days The Blueline Group Packet Pg. 126 Attachment `B' to the Contract Agreement for Professional Services between the City of Edmonds and The Blueline Group, LLC for Construction Services for 2019 Projects dated May 8, 2019 City of Edmonds 2019 Construction Services Project Management 003B Principal / Sr PM Construction Administrator Construction Inspector Dayton Pump Station Project Item # Description $200/hr $165/hr $120/hr TOTAL HRS TOTAL FEE HRS FEE HRS FEE HRS FEE 1 Initial Project Setup, Review plans/specs 2.0 $ 400 0.0 $ 0.0 $ 2.0 $ 400 2 Review IDRs/documentation (13wks x 1 hr/wk) 13.0 $ 2,600 0.0 $ 0.0 $ 13.0 $ 2,600 3 Budget Tracking & Invoicing (13 wks x 1 hr/wk) 13.0 $ 2,600 0.0 $ 0.0 $ 13.0 $ 2,600 4 Coordination with Staff and City as needed 8.0 $ 1,600 0.0 $ 0.0 $ 8.0 $ 1,600 Total 36.0 $ 7,2001 0.0 $ 1 0.0 $ 36.0 $ 7,200 *Assumes 65 total working days 004 Management Reserve Item # Description TOTAL FEE Lump Sum 1 Management Reserve $ 15,000 $ 15,000 Total $ -15,0001 i$ 15,000 The Blueline Group Packet Pg. 127 Attachment `B' to the Contract Agreement for Professional Services between the City of Edmonds and The Blueline Group, LLC for Construction Services for 2019 Projects dated May 8, 2019 City of Edmonds 2019 Construction Services Construction Inspection Services 001A Principal / Sr PM Construction Administrator Construction Inspector Dayton Utility Replacement Project TOTAL Item # Description $200/hr $165/hr $120/hr TOTAL HRS FEE HRS FEE HRS FEE HRS FEE 1 Pre -Construction Conference & Prep 0.0 $ 0.0 $ 36.0 $ 4,320 36.0 $ 4,320 2 Half-time Field (22 wk @ 20 hrs/wk) 0.0 $ 0.0 $ 440.0 $ 52,800 440.0 $ 52,800 3 Project Close-out, including punchlists, As -built Redlines 0.0 $ 0.0 $ 16.0 $ 1,920 16.0 $ 1,920 4 Mileage (24 wks x 200 mi/wk @ $0.58/mi) $ 2,784 Total 1 0.0 $ 1 0.0 $ 1 492.01 $ 59,040 1 492.0 $ 61,824 *Assumes 110 total working days Construction Administration Services 002A Principal / Sr PM Construction Administrator Construction Inspector Dayton Utility Replacement Project TOTAL Item # Description $200/hr $165/hr $120/hr TOTAL HRS FEE HRS FEE HRS FEE HRS FEE 1 Pre Construction Conference & Prep 0.0 $ 4.0 $ 660 0.0 $ 4.0 $ 660 2 Weekly Admin Tasks (22 wks x 4 hrs/wk) 0.0 $ 88.0 $ 14,520 0.0 $ 88.0 $ 14,520 3 Mileage (6 meetings x 20 mi @ $0.58/mi) $ 70 Total 0.0 $ 1 92.0 $ 15,180 1 0.0 $ 92.0 $ 15,250 *Assumes 110 total working days Project Management 003A Principal / Sr PM Construction Administrator Construction Inspector Dayton Utility Replacement Project Item # Description $200/hr $165/hr $120/hr TOTAL HRS TOTAL FEE HRS FEE HRS FEE HRS FEE 1 Initial Project Setup, Review plans/specs 2.0 $ 400 0.0 $ 0.0 $ 2.0 $ 400 2 Review IDRs/documentation (22 wks x 1 hr/wk) 22.0 $ 4,400 0.0 $ 0.0 $ 22.0 $ 4,400 3 Budget Tracking & Invoicing (22 wks x 0.5 hr/wk) 22.0 $ 4,400 0.0 $ 0.0 $ 22.0 $ 4,400 4 Coordination with Staff and City (22 wks x 1 hr/wk) 1 8.0 $ 1,600 0.0 $ 0.0 $ 8.0 $ 1,600 Total 1 54.01 $ 10,800 1 0.0 $ 0.0 $ 54.0 $ 10,800 *Assumes 110 total working days Dayton Utility Replacement Project Rounded Total $ 87,900 The Blueline Group Packet Pg. 128 Attachment `B' to the Contract Agreement for Professional Services between the City of Edmonds and The Blueline Group, LLC for Construction Services for 2019 Projects dated May 8, 2019 City of Edmonds 2019 Construction Services Construction Inspection Services 001B Principal / Sr PM Construction Administrator Construction Inspector Dayton Pump Station Project TOTAL Item # Description $200/hr $165/hr $120/hr TOTAL HRS FEE HRS FEE HRS FEE HRS FEE 1 Pre -Construction Conference & Prep 0.0 $ 0.0 $ 28.0 $ 3,360 28.0 $ 3,360 2 Full-time Field (13 wks x 44 hrs/wk)* 0.0 $ 0.0 $ 572.0 $ 68,640 572.0 $ 68,640 3 Project Close-out, including punchlists, As -built Redlines 0.0 $ 0.0 $ 8.0 $ 960 8.0 $ 960 4 Mileage (13 wks x 200 mi/wk @ $0.58/mi) $ 1,508 Total 1 0.0 $ 1 0.0 $ 1 608.01 $ 72,960 1 608.0 $ 74,468 *Assumes 65 total working days Construction Administration Services 002B Principal / Sr PM Construction Administrator Construction Inspector Dayton Pump Station Project TOTAL Item # Description $200/hr $165/hr $120/hr TOTAL HRS FEE HRS FEE HRS FEE HRS FEE 1 Pre -Construction Conference & Prep 0.0 $ 4.0 $ 660 0.0 $ 4.0 $ 660 2 Weekly Admin Tasks (13 wks x 2 hrs/wk) 0.0 $ 26.0 $ 4,290 0.0 $ 26.0 $ 4,290 3 Weekly Progress Meeting and Minutes 0.0 48.0 $ 7,920 0.0 $ 48.0 $ 7,920 4 Pay Estimates & Change Orders (5 mo x 12 hrs/mo) 0.0 $ 60.0 $ 9,900 0.0 $ 60.0 $ 9,900 5 Mileage (15 wks x 20 mi/wk @ $.58/mi) I $ 174 Total 0.0 $ 1 138.01 $ 22,770 1 0.0 $ 138.0 $ 22,944 *Assumes 65 total working days The Blueline Group Packet Pg. 129 Attachment `B' to the Contract Agreement for Professional Services between the City of Edmonds and The Blueline Group, LLC for Construction Services for 2019 Projects dated May 8, 2019 City of Edmonds 2019 Construction Services Project Management 003B Principal / Sr PM Construction Administrator Construction Inspector Dayton Pump Station Project Item # Description $200/hr $165/hr $120/hr TOTAL HRS TOTAL FEE HRS FEE HRS FEE HRS FEE 1 Initial Project Setup, Review plans/specs 2.0 $ 400 0.0 $ 0.0 $ 2.0 $ 400 2 Review IDRs/documentation (13wks x 1 hr/wk) 13.0 $ 2,600 0.0 $ 0.0 $ 13.0 $ 2,600 3 Budget Tracking & Invoicing (13 wks x 1 hr/wk) 13.0 $ 2,600 0.0 $ 0.0 $ 13.0 $ 2,600 4 Coordination with Staff and City (13 wks x 1 hr/wk) 8.0 $ 1,600 0.0 $ 0.0 $ 8.0 $ 1,600 Total 1 36.01 $ 7,200 1 0.0 $ 0.0 $ 36.0 $ 7,200 *Assumes 65 total working days Dayton Pump Station Project Rounded Total $ 104,600 004 Management Reserve Item # Description TOTAL FEE Lump Sum 1 Management Reserve $ 15,000 $ 15,000 Total $ -15,0001 i$ 15,000 The Blueline Group Packet Pg. 130 City Council Agenda Item Meeting Date: 05/14/2019 Utility Easement for the Dayton St Pump Station Project Staff Lead: Rob English Department: Engineering Preparer: Megan Luttrell Background/History None. Staff Recommendation Forward this item to the May 21st consent agenda for full Council approval. Narrative The Dayton Street Pump Station project has been designed to mitigate flooding of Dayton Street near the railroad and SR-104. The project location that was selected as the most feasible location and which has been pursued during engineering design is located within the Fishing Pier/Beach Place parking lot (Parcel 27032300415900) which is jointly owned by the City of Edmonds and the Port of Edmonds. In order to ensure permanent access and be able to meet future maintenance needs, an easement must be recorded on title for the parcel. Staff now seek approval of said easement in order to continue moving the project toward construction. Standard utility easement language is proposed for use and the easement area was shifted and reduced in footprint during design in order to maintain development potential for the parcel and while still meeting the City's permanent maintenance needs. The Port of Edmonds had previously provided a letter of support for the project during the environmental review process. The utility easement will also require approval from the Port Commission. Attachments: Easement Packet Pg. 131 1.12.a Return Address: City Clerk City of Edmonds 121 - 5th Ave. N. Edmonds, WA 98020 Grantor(s): Port of Edmonds Grantee: City of Edmonds Abbreviated Legal: Sec 23 Twp 27 Rge 03, Portion of Govt Lot 3 Assessor's Property Tax Parcel No.: 27032300415900 UTILITY EASEMENT Property Address: NW Corner of Dayton Street and Railroad Avenue IN CONSIDERATION of benefits to accrue to the grantor(s) herein, the undersigned, PORT of EDMONDS, ("GRANTOR") hereby grant(s) to the CITY OF EDMONDS, a Municipal Corporation ("GRANTEE"), a permanent easement for the installation, construction, operation, maintenance, repair, reconstruction and/or replacement of a stormwater pipe & structures, storm water lift station, electrical equipment and necessary appurtenances, over, across, through, and below the following described property, and the further right, at GRANTEE's sole expense, to remove trees, bushes, undergrowth and other obstructions thereon interfering with the location, construction, operation, maintenance, repair, reconstruction and/or replacement of said stormwater pipe & structures, storm water lift station, electrical equipment and necessary appurtenances, together with the right of access to the easement at any time for the stated purposes. The easement hereby granted is located in the COUNTY OF SNOHOMISH, STATE OF WASHINGTON, and is more particularly described as the following property (The easement area is depicted in the drawing attached as Exhibit A): SEC 23 TWP 27 RGE 03THAT PTN GOVT LOT 3 DAF - BAAP ON N LN SD GOVT LOT 3 150FT DIST NWLY MEAS AT R/A FR C/L OF WLY MAIN TRACK BURLINGTON NORTHERN (FORMERLY GREAT NORTHERN RAILWAY CO) AS NOW LOC& CONSTRUCTED TH S47* 16 30W ALG STRT LN WH EXT WOULD INT A PT 20OFT DIST NWLY FR SD C/L OF WLY MAIN TRACK AS MEAS AT R/A TO SD C/L FR PT THEREIN 655.9FT DISTSWLY MEAS ALG SD C/L FR IT'S INT WITH N LN SD LOT 3 SD STRT LN BEING S47* 16 30W 226.68FT TO NELY MGN DAYTON ST TH S38* 17 07E ALG SD MGN DAYTON ST 2.95FT TO ANG PT TH S59*03 29E ALG SDMGN DAYTON ST 112.98FT TAP 15FT DIST NWLY MEAS AT R/A FR C/L BURLINGTON NORTHERN SPUR TRACK AS NOW LOC & CONST TH N41 *49 3 1 E PLW SD SPUR TRACK 287.01FT TO N LN SD GOVT LOT 3 TH N89*50 52W ALG SD N LN 123.60FT TO PT OF BEGINNING GRANTEE shall, at GRANTEE'S sole expense, be responsible for the maintenance, repair, replacement, removal, relocation and reconstruction of the systems. Further, GRANTEE agrees to restore to substantially the original condition such improvements as are disturbed during the construction, maintenance, and repair of said utility or utilities, provided GRANTOR, its heirs, or assigns shall not plant trees, shall make reasonable efforts to inhibit the growth of volunteer trees, and shall not construct any permanent structures over, upon, or within the permanent easement. GRANTEE agrees to indemnify, defend and hold GRANTOR harmless from any and all liability or damage, including attorneys' fees and costs, incurred or arising directly from GRANTEE's use, maintenance, repair, replacement, removal, relocation and reconstruction of and access to the systems, except those arising from any of GRANTOR'S acts, omissions or negligence. GRANTOR expressly reserves all rights not inconsistent with those granted to GRANTEE herein. Each party shall reasonably cooperate with the other in the performance of their obligations stated herein and to affect the purposes of this Agreement. a Packet Pg. 132 1.12.a DATED THIS DAY OF 2019 Robert McChesney, Executive Director PORT OF EDMONDS STATE OF WASHINGTON ) ) ss COUNTY OF SNOHOMISH) On this day personally appeared before me Robert McChesney, to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he signed the same in his authorized capacity, as his free and voluntary act and deed, for the uses and purposes therein mentioned on behalf of the Port of Edmonds. I certify under penalty of perjury under the laws of the State of Washington that the foregoing paragraph is true and correct. UNDER MY HAND AND OFFICIAL SEAL THIS _ DAY OF 2019 Accepted by the City Council dated CITY OF EDMONDS David O. Earling, Mayor NOTARY PUBLIC in and for the State of Washington, residing at day of , 2019 ATTEST/AUTHENTICATED: Scott Passey, City Clerk APPROVED AS TO FORM: Office of the City Attorney a Packet Pg. 133 1.12.a TAX NO. 27032300415300 I / _ GO IMMENT lDT ] 7� GOVERNMENT LOT 3 S' 7 s. O/ TAX NO. 27032300401300 / / TAX NO. 27032300415900 / 1 / EASEMENT AREA / O 3 15 14 �G Oq 2s• J/ � ti ® Bearing Distance ® Bearing Distance ® Bearing Distance Q1 N31 °43'43.48"E 25.000' © N42°36'43.52"E 49.383' 11 S19°46'06.36"W 10.307' O2 S58°16'16.52"E 31.628' Q7 S47°23'16.48"E 13.500' 1© S42°36'43.52"W 43.785' 03 S87-11'52.16"E 32.726' ® S42°36'43.52"W 42.378' 13 N77°26'18.14"W 24.994' 0 N42°36'43.52"E 160.556' Q9 N78°20'47.45"W 4.026' 14 S31 °43'43.48"W 15.248' (5 NO1°33'16.92"W 5.023' 10 S43°54'00.86"W 1 24.418' [�N54'33.58"W 43.500' Port of Edmonds Exhibit A Dayton St. Pump and Station Project City of Edmonds (E4FE) SCALE: 1:50 Q Packet Pg. 134 City Council Agenda Item Meeting Date: 05/14/2019 Authorization to Purchase - 2019 Cues Sewer Video Inspection Truck Staff Lead: Phil Williams Department: Public Works & Utilities Preparer: Royce Napolitino Background/History The Sewer Division operates Unit #62-SWR, a 2009 Cues Video Inspection Truck. Staff Recommendation It is recommended that authorization be given to the Department of Public Works to purchase (1) 2019 Cues video inspection truck from Cues, through HGAC, contract #SC01-18, as approved in the 2019 City of Edmonds Budget. Narrative Unit #62-SWR, a 2009 cues video inspection truck was budgeted for replacement at $425,000 and approved to be replaced in 2019 with B-Fund monies. The new Cues video inspection truck will cost $412,999.59. This truck includes 4 camers: DUC HD300 digital, Lamp LM936-6 main, Lamp LM936 lateral, and ZZ3 pole cameras. This price include a $50,000 trade-in (of the 2009 model) to Cues. We will keep our DUC camera from our 2009 Cues truck for a spare. We replaced the 2009 Cues truck at 10 years due to compatibility issues once the DUC camera was added in 2016. A 12-year life cycle will be set for the new truck. We will purchase the LED traffic advisors and perimeter warning lights from our vendor at state contract pricing ($2400)and send them to Cues for installation. All that we need to do once we receive the truck is to transfer the VHF radio and install Edmonds decals. Packet Pg. 135 2.1 City Council Agenda Item Meeting Date: 05/14/2019 Business License Code Update Ordinance Staff Lead: Scott Passey Department: City Clerk's Office Preparer: Scott Passey Background/History In the 2017 session, the State Legislature passed Engrossed House Bill 2005 (RCW 35.90), which required all cities with a local business license requirement to administer their business license through the state's Business Licensing Service (BLS). Shortly thereafter, the City of Edmonds was put on the schedule to start the partnering process. Since last year, the City has been working with the BLS to prepare for and effectuate this change, with an expected go -live date of mid -May 2019. Since January 2019, city licensing staff and the IT department have been working closely with the BLS to transfer license data and set up the new system. Beginning May 16, 2019, businesses may apply for their Edmonds business license via BLS, which issues their state business license. Staff Recommendation Hear and discuss the proposal and direct staff to place an ordinance amending the code on the consent agenda for adoption at a future Council meeting. Narrative The final step the city must take is to update the Edmonds City Code to reflect the new process for obtaining a city business license. Attached is a reference index of the proposed changes to various chapters of ECC Title 4, as well as the full Title in legislative format (strikethrough and underlining). This is essentially a housekeeping item to clean up the code to reflect the partnership with the BLS. Through the enactment of RCW 35.90 and our executed interlocal agreement, the BLS is fully authorized to accept and process business license applications on behalf of the City of Edmonds. Updating Title 4 simply brings our code in conformance with our process. Attachments: Edmonds Muni Code Revision Index Edmonds Muni Code Revisions Title 4 Packet Pg. 136 2.1.a Citation Comments Corrected the reference to 'Department of Motor Vehicles' [sic] to read: 'Department of Licensing', which is the name of the state 4.11.010 A. agency that regulates and licenses motor vehicle wreckers. (it may also be of note that the wrecker license is administerd through BLS on behalf of DOL). Added wording that the state motor vehicle wrecker license required to conduct that business in the city is in addition to the city business license. 4.11.020 See Also: + Revisions and comments for 4.72.010 B., noted below + General comment related to these revisions* Added wording that the peddler, solicitor, street vendor license(s) required to conduct that business in the city is in addition to the city business license. 4.12.020 See Also: + Revisions and comments for 4.72.010 B., noted below + General comment related to these revisions* Added a new subsection D. to this section with wording that the game licenses required to conduct that business in the city is in addition to the city business license. 4.24.010 D. NEW See Also: + Revisions and comments for 4.72.020, noted below + General comment related to these revisions* Packet Pg. 137 2.1.a Added wording that the Public Amusements license required to conduct that business in the city is in addition to the city business license. 4.32.020 A. See Also: + Revisions and comments for 4.72.020, noted below + General comment related to these revisions` Added wording that the Public Dances license required to conduct that business in the city is in addition to the city business license. 4.40.020 A. See Also: + Revisions and comments for 4.72.020, noted below + General comment related to these revisions* Added wording that the Teen Dance Hall license required to conduct that business in the city is in addition to the city business license. 4.44.020 A. See Also: + Revisions and comments for 4.72.010 B., noted below + General comment related to these revisions` Added wording that the Cabaret Dances license required to conduct that business in the city is in addition to the city business license. 4.48.020 See Also: + Revisions and comments for 4.72.020, noted below + General comment related to these revisions* Packet Pg. 138 2.1.a Added wording that the Massage, Bathhouse, etc. license(s) required to conduct that business in the city is in addition to the city business license. 4.50.030 See Also: + Revisions and comments for 4.72.020, noted below + General comment related to these revisions` Added wording that an individual performing massage, etc. services in the capacity of an independent contractor may also need to hold the general business license. 4.50.080 C. NEW See Also: + Revisions and comments for 4.72.020, noted below + General comment related to these revisions* Added wording that the Adult Entertainment license(s) required to conduct that business in the city is in addition to the city business license. 4.52.060 A. See Also: + Revisions and comments for 4.72.010 B., noted below + General comment related to these revisions` Added wording that the Sound Truck license required to conduct that business in the city is in addition to the city business license. 4.56.010 See Also: + Revisions and comments for 4.72.010 B., noted below + General comment related to these revisions* Packet Pg. 139 2.1.a Added wording that the Taxi license required to conduct that business in the city is in addition to the city business license. (It may be of note that the For Hire and Limousine licensing regulated by Dept. of Licensing is also administered through BLS.) 4.60.020 See Also: + Revisions and comments for 4.72.010 B., noted below + General comment related to these revisions* 4.72.010 A. Corrected the word "or" [sic] to read: "of" so that the phrase exempting employees from the term 'person' reads: ...but shall not include employees of persons licensed pursuent to this chapter.' Deleted the citations to several chapters of business activities that would exempt a business from having to hold a general business license in favor of only holding the specific regulatory license covered in that chapter citation. (the taxation from chapter 3.20, and the franchise from chapter 4.68 were retained). This is an attempt to make the general business license more 'generally' required for business, and allowing for the city to add other, specific regulatory licensing on cetain business types. Wording was added to the respective chapters to refer to those license being in addition to the general license, but stated that in permissive language to allow the city discretion in that regard. 4.72.010 B. It was also noted that there are 4 additional chapters in Title 4 with license requirements that are not mentioned in this esemption subsection of chapter 4.72; and as an example, the citation to chapter 4.20 (Liquor Licenses) does not contain any city licensing requirements in the chapter, while chapter 4.26 (Marijuana Licenses) is similarly formulated but was not included in the citations in this subsection of chapter 4.72. See Also: + General comment related to these revisions* 4.72.010 F. NEW Added a definition for BLS Packet Pg. 140 2.1.a Added the definition for "Engaging in Business" as required for cities to adopt from the model ordinance of RCW 35.90.080 & .090. 4.72.010 G. NEW NOTE: if by the time these suggested revisions are received by the city, separate council action has already occurred to adopt the model ordinance, this addition of the definition should be adjusted or simply ignored, whichever is appropriate. Embedded a comment stating the assumption the section refers to the condition of two business owners operating their respective 4.72.020 businesses at the same physical location, as opposed to a single business owner conducting multiple business activities at the same physical location under the one business ownership. Added the TWO Options for an exemption for nonresident businesses with income below a designated threshold, from which the city must choose only one option, and also determine the threshold amount for that selected option. (threshhold may not be less than $2,000). This is required as part of the adoption of the model ordinance as indicated in RCW 35.90.080 & .090. 4.72.025 NEW NOTE: if by the time these suggested revisions are received by the city, separate council action has already occurred to adopt the model ordinance, this addition of the definition should be adjusted or simply ignored, whichever is appropriate. 4.72.030 A. Revised to accommodate the application process administered through BLS. 4.72.030 B. Deleted this subsection to accommodate the BLS application process. 4.72.030 C. Renumbered this section to be subsection B. due to the suggested deletion of the current subsection B. Renumbered as B. Additional revision reflecting the application being submitted to BLS and not directly to the city. Packet Pg. 141 2.1.a 4.72.040 A. Revisions to accommodate the expiration date setting process through BLS and related BLS application requirements. 4.72.040 B Referring to the annual fee amount for the city license (as opposed to the 'annual license'), inpreparation for the changes allowing BLS' proration. 4.72.040 B. 3. Clarified that the "other" business licenses for conducting business with the city, etc., and at a different fee, are issued directly by the city, with the fee payable directly to the city (and so, not through BLS). 4.72.040 B. 5. NEW Add a new subsection introducing the allowance for the BLS proration of the license term and respective fee. Revised the section to accommodate the renewal process adminsitered by BLS, and the BLS late penalty. 4.72.040 C. Inserted the usual provision of license cancellation if the renewal is not completed within 120 days after expiration. Added wording that the Panwbroker / Secondhand license(s) required to conduct that business in the city is in addition to the city business license. 4.75.010 See Also: + Revisions and comments for 4.72.020, noted above + General comment related to these revisions* Added wording that the Horse Taxi license required to conduct that business in the city is in addition to the city business license. 4.85.020 See Also: + Revisions and comments for 4.72.020, noted above + General comment related to these revisions* Packet Pg. 142 2.1.a Added wording that the Public Market license required to conduct that business in the city is in addition to the city business license. 4.90.020 See Also: + Revisions and comments for 4.72.020, noted above + General comment related to these revisions* 20.20.010 A. Stated a requirement that Home Occupation businesses must hold a business license issued under chapter 4.72 (in addition to being permitted'). * General Comment: It is suggested as a policy change, to make the general business license apply to most all businesses, with few exceptions, and present the other specialized licensing requirements as being in addition to the general license, to further regulate that specific activity. This modification accomodates the automated BLS process for assigning a city license to an applicant, pending review by the city. The BLS system will normally assign the city license when the applicant indicates a physical location inside city limits. This essentially occurs regardless whether the city has specifically exempted a certain type of business activity from the general license. Consequently, in any case, it would then be the responsibility of the city to review an application as to whether to require the general license as well as a specific regulatory license, or if the city wishes to require only one or the other type license and make the appropriate adjustments to the application submitted. Wording has been suggested in the various chapters that have a specific license required to indicate that that license is in addition to the general business license in chapter 4.72. However, in each instance, the wording is made to be permissive, allowing the city to make the determination of what license is required in a particular instance. If the city chooses to retain the current language exempting the several other licenses from also needing the general license, the city should be aware of the description of the automated process described above which will still add a general license to an applicant located inside city limits. Packet Pg. 143 2.1.b Title 4 LICENSES Chapters: 4.04 Concession Agreements 4.08 Repealed 4.10 Repealed 4.11 Motor Vehicle Wreckers 4.12 Peddlers, Solicitors and Street Vendors 4.20 Liquor License — Investigations 4.22 Malt Liquor by the Keg 4.24 Game Licenses 4.26 Marijuana Licenses Issued by the State 4.32 Public Amusements 4.38 Repealed 4.40 Public Dances 4.44 Teen Dance Halls 4.48 Cabaret Dances 4.50 Licensing of Public Massage Parlors and Public Bathhouses 4.52 Regulations for Adult Entertainment Facilities 4.56 Sound Trucks 4.60 Taxicabs 4.64 Repealed 4.68 Community Antenna Television Systems 4.72 Business License 4.74 Repealed 4.75 Pawnbrokers 4.80 Aircraft Landing Permits 4.85 Horse Taxis 4.90 Public Markets 4.98 Constitutionally Protected Events Packet Pg. 144 2.1.b Chapter 4.04 CONCESSION AGREEMENTS Sections: 4.04.010 Concession agreements. 4.04.020 Concession agreements on public property. 4.04.030 Leases of public right-of-way. 4.04.040 Exemptions. 4.04.010 Concession agreements. A concession agreement is a lease of public property or city right-of-way. Decisions to lease city property or public right-of-way are legislative decisions to be granted at the sole discretion of the city council. By way of illustration and not limitation, a concession agreement may provide for the lease of public property or right-of-way for private use to vend food, beverages, or merchandise, provide classes or other forms of instruction for a fee or other valuable consideration, rent bicycles, roller skates, fishing equipment or other uses which the city council, in its sole discretion, believes are consistent with the public's full use and enjoyment of park, public property or right-of-way, or enhance the general atmosphere of the community. [Ord. 3869 § 1, 2012; Ord. 3604 § 1, 2006]. 4.04.020 Concession agreements on public property. A. "Public property" shall mean any property in fee by the city of Edmonds. B. Concession agreements may be granted at the sole discretion of the city council from time to time as it deems appropriate, with the exception that the mayor shall have the discretion to grant certain concession agreements relating to city park property, subject to the limitations set forth in subsection (D) of this section. The revenue from the lease of public property shall accrue to the general fund; provided, however, that concession agreements for lease of property owned, purchased or utilized by a utility or other special purpose fund shall accrue to that fund. C. Such agreements shall be approved by the city council in a form created and approved by the city attorney. The lessee shall provide proof of insurance in a minimum of $1,000,000 per occurrence and $5,000,000 in the aggregate, or as recommended by the Washington Cities Insurance Authority, and shall fully indemnify and hold harmless the city, its officers, agents, employees and volunteers. D. Concession agreements relating to city park property shall comply in all respects with the park plan adopted as a part of the city's comprehensive plan. A concession agreement shall be approved only if, at the determination of the parks and recreation director, it is in line with the goals and objectives of that plan, and is appropriate for the particular park(s) in which the concession is to be located. Concession agreements relating to city park property may be granted by the mayor without city council approval or public hearing requirements. Concession agreements granted by the mayor may be located in regional or community parks only, as defined in the park plan, and are subject to annual review and approval by the mayor and the parks and recreation director prior to renewal. E. Concession agreements relating to city property other than city park property shall be approved only after a public hearing. Notice of the public hearing shall be posted at the site sought for lease by a concessionaire. Concession agreements for city park property are not subject to public hearing requirements. [Ord. 4041 § 1, 2016; Ord. 3869 § 1, 2012; Ord. 3604 § 1, 2006]. 4.04.030 Leases of public right-of-way. A. "Public right-of-way" shall mean property held for street or alley purposes and shall typically be limited to unopened city right-of- way. The lease of public right-of-way developed for street purposes shall incorporate applicable terms from the street use provisions of Chapter 18.70 ECDC. B. Any concession agreement for the lease of unopened street right-of-way shall confer no vested right on the lessee. Any concession or lease agreement drafted by the city attorney shall provide that it may be terminable at the will of the city council with or without cause. On termination, a pro -rated portion of the lease payment shall be returnable to the concessionaire or lessee. C. The lessee shall provide proof of insurance in a minimum of $1,000,000 per occurrence and $5,000,000 in the aggregate and shall fully indemnify and hold harmless the city, its officers, agents, employees and volunteers. [Ord. 3607 § 1, 2006; Ord. 3604 § 1, 2006]. Packet Pg. 145 4.04.040 Exemptions. Persons leasing property from the city through a concession agreement shall obtain a city business license. The use of property leased under a concession agreement shall be consistent with the uses permitted in the adjacent zone. "Adjacent zone" means that zoning, other than public zoning or right-of-way designation, which is closest to the area leased. In the event that differing zones are equidistant from the leased property, the more restrictive use provisions of an adjacent zone shall be applied. [Ord. 3604 § 1, 2006]. Packet Pg. 146 2.1.b Chapter 4.11 MOTOR VEHICLE WRECKERS Sections: 4.11.010 Definitions. 4.11.020 License required. 4.11.030 Records to be kept. 4.11.040 Improper practices. 4.11.050 Location and appearance of place of business. 4.11.060 Penalties. r- M 4.11.300 Severability. E L 0 4.11.010 Definitions. The following words and phrases as used in this chapter shall have the following meanings: m A. "Department" means the Washington State Department of MateF VehielesLicensin V B. "Established place of business" means a building or enclosure which the owner occupies either continuously or at regular periods c and where his books and records are kept and business is transacted and which must conform with the zoning regulations of the city of a) Edmonds. C. "Motor vehicle wrecker" means every person, firm, partnership, association or corporation engaged in the business of buying, c selling or dealing in vehicles of a type required to be licensed under the laws of this state, for the purpose of wrecking, dismantling, E disassembling or substantially changing the form of any motor vehicle or trailers, or who buys or sells integral secondhand parts of m component material thereof, in whole or in part, and deals in secondhand motor vehicle parts. [Ord. 1918 § 1, 1977]. 4.11.020 License required. Before engaging in the business of wrecking motor vehicles or trailers, every motor vehicle wrecker must have a current, valid state license issued by the department authorizing him to do so, as well as a city business license issued under Chapter 4.72 ECC. The owner shall cause the licenses to be prominently displayed in his place of business where it may be inspected by an investigating officer or police officer at any time. [Ord. 1918 § 3, 1977]. 4.11.030 Records to be kept. A. Every motor vehicle wrecker shall maintain books or files in which he shall keep a record and a description of every vehicle wrecked, dismantled, disassembled or substantially altered by him, together with the name of the person, firm or corporation from whom he purchased the vehicle. Such record shall also contain: 1. The certificate of title number (if previously titled in this or any other state); 2. Name of state where last registered; 3. Number of the last license number plate issued; 4. Name of vehicle; 5. Motor or identification number and serial number of the vehicle; 6. Date purchased; 7. Disposition of the motor and chassis, and such other information as the department may require. B. A motor vehicle wrecker shall also maintain a similar record of all disabled vehicles that have been towed or transported to the motor vehicle wrecker's place of business or his representative. This record shall specify the name and description of the vehicle, name of the owner, number of license plate, condition of the vehicle, the place where it was picked up and the place to which it was towed or transported. Packet Pg. 147 2.1.b C. The abovementioned records and those records required by the department to be kept by a motor vehicle wrecker shall be subject to inspection at all times by members of the police department, sheriff s office and members of the Washington State Patrol. [Ord. 1918 § 4, 19771. 4.11.040 Improper practices. A. No motor vehicle wrecker shall knowingly buy, sell, receive, dispose of, conceal or have in his possession any motor vehicle or integral part thereof whose manufacturer's serial number or other identification mark has been removed, defaced, covered, altered or destroyed such that it would facilitate concealing or misrepresenting the identity of such motor vehicle or trailer. B. No motor vehicle wrecker shall offer for sale or sell used parts unless he has complied with all the provisions of this chapter C. No motor vehicle wrecker shall acquire a motor vehicle without first obtaining a certificate of title if the vehicle has been last registered in a state which issued a certificate, or a record of registration if registered in a state which does not issue a certificate of title. [Ord. 1918 § 5, 1977]. 4.11.050 Location and appearance of place of business. No motor vehicle wrecker shall keep any motor vehicle or integral part thereof in any place other than the established place of business designated in the license issued by the department, without permission of the department. The activities of a motor vehicle wrecker shall be conducted entirely within his established place of business and such premises shall be enclosed by a wall or fence six feet high which will obscure from public view the nature of the business conducted on the premises; provided, such wall or fence shall be kept in good repair. A living hedge of sufficient density and of equal height to prevent view of the confined area may be substituted for the wall or fence. [Ord. 1918 § 6, 1977]. 4.11.060 Penalties. Any motor vehicle wrecker who fails, neglects or refuses to comply with any of the provisions of this chapter shall upon conviction be punished by a fine or imprisonment as set forth in ECC 5.50.020. [Ord. 1918 § 7, 1977]. 4.11.300 Severability. If any section, subsection, clause, phrase, or word of this chapter or any provision adopted by reference herein is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this chapter. [Ord. 1918 § 8, 1977]. d C M C L 0 m c� 0. m 0 t� d N C d J m C .y 7 m Packet Pg. 148 2.1.b Chapter 4.12 PEDDLERS, SOLICITORS AND STREET VENDORS Sections: 4.12.010 Definitions. 4.12.020 License required. 4.12.030 License fees. 4.12.040 License application — Information required. 4.12.050 Investigation of applicants. 4.12.055 Street vendor requirements. 4.12.060 Issuance of license — Expiration. 4.12.065 Soliciting and peddling restrictions. 4.12.070 Carrying of license required. 4.12.080 Revocation of license. 4.12.085 Appeal procedure. 4.12.090 Purchase orders — Form and content. 4.12.100 Penalties. 4.12.110 Severability. 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 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. 3902 § 1 (Att. A), 2012; Ord. 3513 § 1, 2004; Ord. 2536 § 1, 1985; Ord. 830 § 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 license in the manner provided in this chapter. The license required by this chapter is in addition to a business license that may b�quired 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. Packet Pg. 149 2.1.b 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. 3902 § 1 (Att. A), 2012; Ord. 3513 § 2, 2004; Ord. 2990 § 1, 1994; Ord. 2536 § 1, 1985; Ord. 830 § 2, 1960]. 4.12.030 License fees. The license fees for solicitors, peddlers or street vendors shall be as follows: A. Investigation Fee. New applications for a solicitor, peddler or street vendor license shall be accompanied by a nonrefundable investigation fee of $10.00. Except as provided in subsection (B) of this section, this investigation fee shall be tendered only with the initial application of any individual. 4) c B. Annual Fee. On January 1 st of each year all solicitor, peddler and street vendor licenses shall automatically expire and be null and c void unless an annual fee of $25.00 is paid to the city clerk; provided, however, for licenses issued after June 30th of any year, only one-half of the annual fee shall be required. Any license renewed after June 30th of any year shall be treated as a new application and O subject to the investigation fee. For each mobile vending unit, there shall also be an annual fee of $200.00. Associated solicitors, peddlers and street vendors, and mobile vending units operated as an adjunct to an existing licensed business shall pay any fee(s) set Q. forth in subsection (C) of this section. D m C. Associated Solicitor, Peddler and Street Vendor, and Associated Mobile Vendor Fee. An annual fee of $8.00 per year per person or V unit shall be paid by the following person or unit(s) licensed: N 1. For each additional person soliciting, peddling or vending under a principal applicant's license issued pursuant to subsection a) (B) of this section; and/or 2. For each mobile vending unit operated as an adjunct to an existing licensed business on a site immediately adjacent to the c business and authorized for use pursuant to a street use permit. E The fees provided for by this section shall not be reduced after June 30th as provided for annual fees in subsection (B) of this section. m D. Exemptions. The following persons shall be exempt from license fees and applications required under this chapter: N a:1 1. Newspaper carriers; 2. Charitable, religious or nonprofit organizations or corporations which have received tax exempt status under 26 USC Section 501(c)(3) or other similar civic, charitable or nonprofit organizations; 3. Peddlers of fruits, vegetables, berries, eggs or any farm produce edibles raised, gathered, produced or manufactured by such person; 4. A person who, after having been specifically requested by another to do so, calls upon that other person for the purpose of displaying goods, literature or giving information about any article, thing, product or service; 5. A street vendor who is participating in a special event organized pursuant to a contract between the city of Edmonds or the Port of Edmonds and another entity, such as the arts festival, summer market, Fourth of July parade and fireworks, Taste of Edmonds, and classic car show. Street vendors participating in such special events are also exempt from the provisions of ECC 4.12.055(0); 6. Notwithstanding the exemptions provided herein, all exempt persons must provide proof of their exempt status along with photo identification upon request by a prospective customer or law enforcement officer; 7. Exempt persons are exempt only from city business licensing requirements and must comply with all provisions of law, ordinances and regulations and all applicable Snohomish County health district requirements. [Ord. 3923 § 1, 2013; Ord. 3902 § 1 (Att. A), 2012; Ord. 3096 § 1, 1996; Ord. 2990 § 2, 1994; Ord. 2536 § 1, 1985; Ord. 2435 § 4, 1984; Ord. 1619 § 1, 1972; Ord. 830 § 3, 1960]. 4.12.040 License application — Information required. A. Any person, firm or other organization desiring to secure a solicitor's, peddler's or street vendor's license shall apply therefor in writing to the city clerk, on forms provided by the city, and such application shall set forth as to each solicitor, peddler or street vendor as the principal applicant as follows: 1. The name, address and telephone number of the principal applicant, firm or other organization; Packet Pg. 150 2.1.b 2. In the event the name or address of the applicant has changed within the last two years, each name and address over the last two-year period preceding the most recent; 3. The nature or character of the goods, wares, merchandise or services to be offered by each principal applicant; 4. A list of the persons originally contemplating solicitation, peddling or street vending within the city of Edmonds, and the information required in subsection (B) of this section as to each; 5. The name, address and telephone number (business and home) of the individual acting as manager of the principal applicant; d 6. Written approval for the vending site from the abutting property owner and/or tenant in accordance with ECC 4.12.055(L); and M c 7. Such other information as reasonably required by city officials. O B. For each person soliciting, peddling or street vending within the city of Edmonds pursuant to a principal applicant and license as required herein, whether acting as an employee, independent contractor, or otherwise, the following information shall be provided to the city clerk on forms provided by the city and shall set forth as to each such person the following: 0- m 1. His or her name, address and home telephone number; 0 t� 2. The name, address and telephone number of the person, firm or other organization holding the principal license; y c 3. His or her age and general personal description as required by the city; J 4. Any and all facts relating to any conviction of crimes as such information may be required by the city in the application form; N and c .y 5. Such other information as reasonably required by city officials. m C. The city clerk shall refer the application to the chief of police, who shall make a criminal history background investigation of the applicant. Upon completion, the chief of police shall forward the results of the investigation to the city clerk. D. If, as a result of the investigation, the applicant is not found to have committed any of the acts requiring denial as listed below, the city clerk shall, upon payment of the prescribed fee, issue the license to the applicant. The city clerk shall deny the applicant the license if the applicant has: 1. Committed any act consisting of fraud or misrepresentation; 2. Committed any act which, if committed by a licensee, would be grounds for suspension or revocation of a license; 3. Within the previous 10 years, been convicted of a misdemeanor or felony directly relating to his or her fitness to engage in the occupation of peddler, solicitor or street vendor and including, but not limited to, those misdemeanors and felonies involving moral turpitude, fraud or misrepresentation; 4. Been charged with a misdemeanor or felony of the type defined in subsection (13)(3) of this section, and disposition of that charge is still pending; 5. Been refused a license under the provisions of this chapter; provided, however, that any applicant denied a license under the provisions of this chapter may reapply if and when the reasons for denial no longer exist; and 6. Made any false or misleading statements in the application. E. Every peddler shall be required to carry the peddler's license and display it along with photo identification upon request by a prospective customer or law enforcement officer. F. The city clerk is authorized to promulgate rules regarding the manner and method of payment, including a prohibition or regulation of payment by check, and the form of the application. [Ord. 3902 § 1 (Att. A), 2012; Ord. 3513 § 3, 2004; Ord. 2990 § 3, 1994; Ord. 2536 § 1, 1985; Ord. 1619 § 2, 1972; Ord. 830 § 4, 1960]. Packet Pg. 151 2.1.b 4.12.050 Investigation of applicants. It shall be the duty of the chief of police to investigate each applicant made under ECC 4.12.040, in which investigation the chief of police shall determine: A. The genuineness of all credentials presented by the applicant and/or the individual solicitor, peddler or street vendor and the reliability of the product or services; B. If the applicant and/or its solicitor, peddler or street vendor has a criminal record; C. The truth of the facts set forth in the application; and c D. If the applicant or solicitor, peddler or street vendor proposes to engage in a lawful and legitimate commercial or professional c enterprise. 'a O Such investigation must be completed within a reasonable time. [Ord. 3902 § 1 (Att. A), 2012; Ord. 2536 § 1, 1985; Ord. 830 § 5, 1960]. Q. 4.12.055 Street vendor requirements. Any person seeking a permit for a street vendor license under the definition of this chapter shall comply with the following c V requirements: � N A. Mobile vending units may be allowed to operate within the following commercially zoned areas including unzoned property or d right-of-way adjacent to or abutting commercially zoned areas: J N 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, CG2), Firdale Village mixed -use (FVMU), medical use (MU) and public use (P). 00 B. In addition to the licensing requirements of this chapter, any street vendor shall be required to obtain a street use permit. I* Application fees for street use permits are those established by the city council by resolution in its sole legislative discretion. N Application fees shall be paid to the city prior to issuance of any permit. w C. All advertising shall be placed on the nonmotorized mobile vending unit and will not be allowed on the street or sidewalk. o Maximum sign area allowed shall be 10 square feet. vJ d D. 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 c sales or solicitation process shall be left overnight upon any unenclosed portion of any lot or site within the city, nor upon any public V street or right-of-way. E E. 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 G pedestrian and vehicular traffic, number of complaints, and locations where the vending units are located. w F. If located on a sidewalk, a minimum clearance of five feet shall be maintained by any street vendor. c a) G. Street vendors shall not locate within that portion of improved street right-of-way designed for vehicular traffic or parking. Street t 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 Q not interfere in any way with vehicular or pedestrian traffic or safety. H. 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. I. Street vendors may operate in parks if they have a concession agreement with the city of Edmonds to operate on a specific park property. J. Street vendors are prohibited in residentially zoned areas, and unzoned property or right-of-way adjacent to or abutting the residentially zoned areas. Packet Pg. 152 K. All street vendors shall comply with all applicable Snohomish County health district requirements. L. The applicant shall submit with his application a copy of the written approval for the vending site from the property owner when locating on private property. When locating on a sidewalk within the right-of-way, the applicant shall have written approval for the vending site from the abutting property owner and/or tenant. In the event that the property owner or tenant shall disagree, the property owner's decision shall be final. 1. In the event that the proposed site is on or abuts property owned by the city of Edmonds, the applicant shall be required to obtain the city's approval. Approvals relating to park property shall be handled as a request to let a concession under the terms of this chapter. Request for sites abutting all other public land owned by the city shall be forwarded to the city council for their review and approval. c 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 '�a be required to obtain approval from the public entity that owns the property. O m 3. In the event that the site for which approval is sought abuts vacant land, the applicant shall make reasonable written attempts to Q. 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 -0) granting of such a conditional license shall vest no right in the applicant. V M. When locating within a parking lot of a private location, the applicant shall: d 1. Identify the location the mobile vending unit will be located and provide a circulation plan. The location and circulation plan J shall require approval by the city traffic engineer to ensure the vending unit will not interfere in any way with vehicular or U) pedestrian traffic or safety. c 2. Demonstrate that the site will meet the parking requirements of Chapter 17.50 ECDC excluding the parking space(s) occupied m by the mobile vending unit. -- N. The maximum permissible size for any nonmotorized mobile vending unit shall be: H 1. Thirty square feet for sidewalk locations; and w c 0 2. Fifty square feet for locations within the street or other public right-of-way or when located on private property. A 3. In no event shall any nonmotorized mobile vending unit exceed 10 feet in length. d m O. During special events held within the city where food providers are required to pay a fee to participate (such as the Edmonds Art �j Festival and Taste of Edmonds), no mobile vending units may be allowed to operate within one -quarter mile of the special event. [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. The chief of police shall determine, within a reasonable time, from his investigation, that the facts set forth in the application are true, that the purpose of the applicant and its solicitors, peddlers or street vendors is to engage in a lawful and legitimate commercial or E E professional enterprise. w Having determined these facts, he shall then approve the application and the city clerk may issue the license applied for. Such license c a) shall expire on the thirty-first day of December of the year in which such license has been issued. Except as hereinafter provided, no s license shall be issued until the conclusion of the aforesaid investigation. [Ord. 3902 § 1 (Att. A), 2012; Ord. 2536 § 1, 1985; Ord. 830 R § 6, 1960]. Q 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. Packet Pg. 153 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. 3902 § 1 (Att. A), 2012; Ord. 3513 § 5, 2004; Ord. 2990 § 4, 1994; Ord. 2370 § 1, 1983]. 4.12.070 Carrying of license required. Such 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 wherever he or she shall be requested to do so by any police officer or any person solicited. [Ord. 3902 § 1 (Att. A), 2012; Ord. 2536 § 1, 1985; Ord. 830 § 7, 1960]. 4.12.080 Revocation of license. Such license may be revoked by the city of Edmonds for the violation by either the employer or the solicitor, peddler or street vendor of any of the ordinances of the city of Edmonds. The city of Edmonds may also revoke a license for a street vendor under the following conditions: A. Failure to comply with the terms of this chapter; B. Misrepresentation of facts in the licensee's application for the necessary permits; C. Failure to comply with the terms of a valid street use permit; D. Creation of a hazard to the public health or safety; or E. As otherwise provided herein. [Ord. 3902 § 1 (Att. A), 2012; Ord. 2536 § 1, 1985; Ord. 830 § 8, 1960]. 4.12.085 Appeal procedure. A. Whenever the city clerk determines that there is cause for denying any license application or revoking any license issued pursuant to this chapter, the clerk shall notify the person holding the license using at least one of the following methods: (1) registered or (2) certified mail, return receipt requested or (3) personal service on the licensee. Notice mailed to the address on the license shall be deemed received three days after mailing. The notice shall specify the grounds for the denial or revocation of a license. B. The applicant or licensee may appeal the decision of the city clerk to deny or revoke a license by filing a written notice of appeal to the city council within 48 hours of the city clerk's decision. C. Upon timely receipt of the notice of appeal, the city clerk shall set a date for hearing the appeal, which shall occur within 10 days of receipt of the appeal. The city clerk shall mail notice of the date of the hearing to the applicant or licensee at least five days prior to the hearing date. D. The hearing shall be de novo. The city council may affirm, reverse or modify the city clerk's decision. E. The decision of the city council shall be final. Any person desiring to appeal must file an appropriate action in Snohomish County superior court within 14 days of the city council's decision. [Ord. 3902 § 1 (Att. A), 2012; Ord. 2990 § 5, 1994]. 4.12.090 Purchase orders — Form and content. All orders taken by license solicitors, peddlers or street vendors shall be in writing, in duplicate, stating the name as it appears on the license, the address of both the solicitor, peddler or street vendor and his employer, the terms thereof, and the amount paid in advance, and one copy shall be given to the purchaser. [Ord. 3902 § 1 (Att. A), 2012; Ord. 2536 § 1, 1985; Ord. 830 § 9, 1960]. 4.12.100 Penalties. Any person or persons who violate or fail to comply with any of the provisions of this chapter shall upon conviction of said violation be punished as provided in ECC 5.50.020. [Ord. 3902 § 1 (Att. A), 2012; Ord. 2536 § 1, 1985; Ord. 1619 § 3, 1972; Ord. 830 § 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. 3902 § 1 (Att. A), 2012; Ord. 2536 § 1, 1985; Ord. 830 § 11, 1960]. Packet Pg. 154 2.1.b Chapter 4.20 LIQUOR LICENSE — INVESTIGATIONS Sections: 4.20.010 Processing of notices of pending liquor licenses. 4.20.010 Processing of notices of pending liquor licenses. Upon receipt by the mayor of a notice of a pending application before the Liquor Control Board of a liquor license within the city of Edmonds, the mayor shall make such investigations as he deems appropriate, including but not limited to directing an investigation by city employees such as the police department, fire department, and development services department. Based upon the outcome of the investigation, the mayor shall transmit his approval or disapproval regarding both the applicant and the proposed location per applicable Liquor Control Board standards. [Ord. 3977 § 1, 2014; Ord. 1588, 1971]. Packet Pg. 155 2.1.b Chapter 4.22 MALT LIQUOR BY THE KEG Sections: 4.22.010 Definition of malt liquor. 4.22.020 Seller's duties. 4.22.030 Purchaser's duties. 4.22.040 Declaration and receipt. 4.22.050 Penalty. 4.22.010 Definition of malt liquor. For the purposes of this chapter, malt liquor means any beverage such as beer, ale, lager beer, stout, and porter obtained by the alcoholic fermentation of an infusion or decoction of pure hops, or pure extract of hops and pure barley malt or other wholesome grain or cereal in pure water containing not more than eight percent of alcohol by weight, and not less than one-half of one percent of alcohol by volume. [Ord. 2567, 1986]. 4.22.020 Seller's duties. Any person who sells or offers for sale the contents of kegs or other containers containing four gallons or more of malt liquor, or leases kegs or other containers which will hold four gallons of malt liquor, to consumers who are not licensed under Chapter 66.24 RCW shall do the following for any transaction involving said container: A. Require the purchaser of the malt liquor to sign a declaration and receipt for the keg or other container and/or beverage in substantially the form as provided herein. B. Require the purchaser to provide one piece of identification pursuant to RCW 66.16.040. C. Require the purchaser to sign a sworn statement, under penalty of perjury that: 1. The purchaser is of legal age to purchase, possess or use malt liquor; 2. That the purchaser will not allow any person under the age of 21 to consume the beverage except as provided by RCW 66.44.270; and 3. The purchaser will not remove, obliterate, or allow to be removed or obliterated, the identification required by the Liquor Control Board which is affixed to the container. D. Require the purchaser to state the particular address where the malt liquor will be consumed, or the particular address where the keg or other container will be physically located. E. Affix to each keg or container any identification required by the Liquor Control Board. F. Require the purchaser to sign a declaration and receipt for the keg or container in substantially the form developed by the Liquor Control Board and provide a copy of the declaration and receipt to the purchaser. G. Require the purchaser to keep a copy of the declaration and receipt within five feet of the keg or other container or beverage and have such declaration and receipt clearly visible without physical barrier from such keg or container, during the time that the keg or other container is in the purchaser's possession and/or control. [Ord. 2719, 1989; Ord. 2567, 1986]. 4.22.030 Purchaser's duties. Any person who purchases the contents of kegs or other containers containing four gallons or more of malt liquor, or purchases or leases the container shall: A. Sign a declaration and receipt for the keg or other container or beverage in substantially the form developed by the Liquor Control Board; B. Provide one piece of identification pursuant to RCW 66.44.270; C. Be of legal age to purchase, possess or use malt liquor; Packet Pg. 156 2.1.b D. Not allow any person under the age of 21 to consume the beverage except as permitted by RCW 66.44.270; E. Not remove, obliterate, or allow to be removed or obliterated, the identification required by the Liquor Control Board; F. Not move, keep or store the keg or its contents, except for transporting to and from a distributor, at any place other than that particular address declared on the receipt and declaration; and G. Keep a copy of the declaration and receipt within five feet of the keg or other container and have such declaration and receipt clearly visible without physical barrier from such keg or container, during the time that the keg or container is in the purchaser's possession and/or control. [Ord. 2719, 1989; Ord. 2567, 1986]. 4.22.040 Declaration and receipt. The declaration and receipt required herein shall be in substantially the form developed by the Liquor Control Board. [Ord. 2719, 1989; Ord. 2567, 1986]. 4.22.050 Penalty. Any violation of the provisions of this chapter shall be a misdemeanor punishable by a fine of not more than $500.00. [Ord. 2719, 1989; Ord. 2567, 1986]. Packet Pg. 157 2.1.b Chapter 4.24 GAME LICENSES Sections: 4.24.010 License required. 4.24.020 License fee. 4.24.025 Application forms. 4.24.026 Police investigation and issuance of video game arcade license. 4.24.027 Video game arcades — Location and hours of operation. 4.24.030 Pool or billiard rooms — Hours of operation. 4.24.040 Pool or billiard room license — When not granted. 4.24.050 Revocation of license. 4.24.100 Penalty for violations. 4.24.010 License required. A. Operator's License. It is unlawful for any person, corporation, partnership, firm, or other association to keep, operate, or allow the operation of any pool table, billiard table, automatic amusement game or so-called game of skill including video games and pinball machines, juke box or other automatic music machine open to the public at large, including private clubs, within the city of Edmonds without having first procured an operator's license from the city clerk and having paid the amount of such license fee to the city. B. Video Game Distributor's License. It is unlawful for any person, corporation, partnership, firm, or other association to lease or rent to, or place with an operator any automatic amusement game or so-called game of skill that is a video game within the city of Edmonds without having first procured a video game distributor's license from the city clerk and having paid the amount of such license fee to the city. C. Video Game Arcade License. It is unlawful for any person, corporation, partnership, firm, or other association to manage, operate, own or otherwise control a business having 10 or more automatic amusement game machines or devices commonly known as video games within the same building without first obtaining and annually renewing a video game arcade license. D. The licenses reauired under this chanter are all in addition to a business license that may be reauired under Chanter 4.72 ECC. [Ord. 2288 § 1, 1982; Ord. 2276 § 1, 1982; Ord. 2253 § 1, 1981; Ord. 2173 § 1, 1980; Ord. 1766 § 25, 1975; Ord. 556 § 5, 1946]. 4.24.020 License fee. A. Operator's License Fee. The license fee for the operator's license required under ECC 4.24.010(A), excluding video games, shall be $25.00 per year for each table, game and/or machine. The license fee for video games shall be $50.00 per year per machine. B. Video Game Distributor's License Fee. The license fee for the video game distributor's license required under ECC 4.24.010(B) shall be $300.00 per year. C. Expiration and Half Year Licenses. All licenses required by ECC 4.24.010 shall expire on December 31 st of each respective year and all licenses taken out after June 30th of each respective year shall pay one-half of the annual license fee for that year and upon such payment shall be issued a license for the remaining portion of said calendar year. D. Video Game Arcade License Fee. The license fee for the video game arcade license shall be according to the following schedule: 1. $200.00 if the business has 10 to 20 video games within one building. 2. $300.00 if the business has 21 to 30 video games within one building. 3. $500.00 if the business has more than 30 video games within one building. These fees shall be in addition to the operator's license fees imposed by Subsection A of this section. E. Special Event Permit License Fee. In addition to the license fees and permits authorized under the provisions of this chapter there is hereby established a special event permit. This permit shall be available only to bona fide charitable organizations, recognized as such by the Internal Revenue Service of the United States, for special events held in conjunction with a contract and/or street use permit issued by this city. Such permits shall be issued for a period not to exceed five days and in accordance with such fees as the council Packet Pg. 158 2.1.b shall establish as a part of the granting of a contract or street use permit. In no event shall these fees be greater than those authorized by this section. [Ord. 2457, 1984; Ord. 2347, 1983; Ord. 2288 § 2, 1982; Ord. 2276 § 2, 1982; Ord. 2253 § 2, 1981; Ord. 2173 § 1, 1980; Ord. 1766 § 24, 1975; Ord. 556 § 3, 1946]. 4.24.025 Application forms. All persons required to obtain licenses under the provisions of this chapter shall complete the appropriate form provided by the city clerk. The form shall, in addition to other relevant information, contain the following: A. The applicant's name and address. B. A physical description of the device or devices operated. d C c C. The street address and business name of the premises in which the device is to be utilized or operated and/or to which the device or =a devices are distributed. O m D. The kind and number of devices distributed to each operator. 0. E. A statement by an applicant proposing to have 10 or more video games within the same building that such business either is or is not within one mile of any public, licensed private or parochial school, excluding colleges and other institutions of higher education. 0 V F. A statement that the applicant has personal knowledge of the information appearing on such application and that such applicant y believes said information to be true and correct to the best of his or her ability. d All licenses issued pursuant to this chapter shall be reviewed and the information updated if necessary prior to annual reissuance. J It shall be unlawful to utilize or operate the device at any other address or premises other than that set forth on the license application. c [Ord. 2288 § 3, 1982; Ord. 2276 § 3, 1982; Ord. 2253 § 3, 1981]. m 4.24.026 Police investigation and issuance of video game arcade license. A. The city clerk shall forward all applications for video game arcades that provide all of the information required by this chapter to a) the police chief for investigation. The police chief shall examine the applicant's criminal background, performance record with any previous video game arcades or similar activities, and any unique safety hazard that would be created by the location or any other characteristic of the proposed arcade. The police chief shall approve, approve with conditions, or disapprove the application. o A B. Upon receipt of the police chief s decision to approve the application, the city clerk shall issue the license which shall contain the following: m 1. The name of the person to whom the video game arcade license is issued. �j 2. The location of the video game arcade. 3. The maximum number of video games authorized by such permit. -a c 0 4. Any and all conditions imposed by the police chief. E w 5. The date the license expires, which shall be one year from the date of issuance. [Ord. 2288 § 4, 1982]. 4.24.027 Video game arcades — Location and hours of operation. A. Except as provided in subsection B below, no business having 10 or more video games within the same building shall be located closer than one mile from any public, licensed private or parochial school, excluding any college or other institution of higher education, and no video game arcade license shall issue to such business. No business having 10 or more video games shall allow the operation of video games or other amusement devices by its patrons between the hours of 2:00 a.m. and 10:00 a.m. B. Businesses whose primary purpose is the provision of a package of family sports and entertainment activities and which includes 10 or more video games may be located within one mile from any public, licensed private or parochial school; provided, however, that as a condition of licensing and operation, the facility shall prohibit persons between the ages of six and 17 years from utilizing the facility unless accompanied by a parent or guardian between the hours of 10:00 a.m. and 3:00 p.m. on any day in which such school is in session. Family sports and entertainment facilities shall be required to obtain a license as provided herein and shall meet all other requirements of this chapter including the prohibition contained in subsection A above against the operation of video games or other amusement devices between the hours of 2:00 a.m. and 10:00 a.m. Packet Pg. 159 2.1.b C. Family sports and entertainment activities shall be defined for the purposes of this ordinance as a mixture of activities which may include video games but which also include a variety of other games and activities which provide personal interaction and competition between participants. Such games may include but are not limited to batting cages, miniature golf, indoor golf or driving ranges, basketball, foosball, air hockey and/or lazer tag. In no event shall video games provide the main source of revenue for the facility. [Ord. 2802 § 1, 1990; Ord. 2288 § 5, 1982]. 4.24.030 Pool or billiard rooms — Hours of operation. It is unlawful for the owner, proprietor, manager or other person in charge of or employed in any public billiard room or poolroom in the city of Edmonds, to keep such place open for business or permit any person to play billiards or pool therein between the hours of 2:00 a.m. and 7:00 a.m. For purposes of this chapter "pool" and "billiard" shall include all derivative games (and tables) generally associated with pool and billiards such as snooker and similar derivative games and tables. [Ord. 2173 § 1, 1980; Ord. 1766 § 21, r- 1975; Ord. 370 § 4, 1925]. E L 4.24.040 Pool or billiard room license — When not granted. 0 No pool or billiard room license shall be granted under this chapter to any person, firm or corporation who has been convicted in the municipal court of the city of Edmonds of violating any of the provisions of this chapter or of any ordinance of the city relating to Q. disorderly conduct or of any ordinance of the city relating to intoxicating liquors, drugs or controlled substances, or who has been convicted in any state or federal court relating to gambling or the manufacturing, possession, sale, barter, exchange, giving away, furnishing or otherwise disposing of or keeping intoxicating liquor, drugs or controlled substances. [Ord. 2173 § 1, 1980; Ord. 1766 § G V 20, 1975; Ord. 370 § 3, 1925]. y c 4.24.050 Revocation of license. A. The license of any person, corporation, partnership, firm or other association may be cancelled and revoked by the city council upon any one or more of the following grounds: N m c 1. Violation of any provision of this chapter, or other city ordinance having a direct relationship to public health or safety, or w protection of property, as may pertain to the activity licensed herein. pip 2. In the event the licensed activity becomes a public nuisance or private nuisance affecting persons residing in or otherwise d occupying property in the same general neighborhood. H 3. False or misleading statements made in the application for license. o 4. Conviction of any offense specified in ECC 4.24.040. A > d B. Notice of the date, time and place of the meeting at which the council will consider revocation of the license shall be mailed by the m city clerk to the licensee at least 10 days prior to the meeting addressed to the licensee as shown on the license application form. [Ord. c 2173 § 1, 1980; Ord. 1766 § 19, 1975; Ord. 370 § 2, 1946]. V 4.24.100 Penalty for violations. Every person, firm or corporation found guilty of violating any of the terms of this chapter shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished as set forth in ECC 5.50.020. [Ord. 2173 § 1, 1980; Ord. 556 § 6, 1946]. Packet Pg. 160 2.1.b Chapter 4.26 MARIJUANA LICENSES ISSUED BY THE STATE Sections: 4.26.010 Processing of notices of pending marijuana licenses. 4.26.010 Processing of notices of pending marijuana licenses. A. Investigation by Mayor. Upon receipt by the city of a notice of a marijuana license application from the Washington State Liquor Control Board to produce, process, or sell marijuana within the city of Edmonds, the mayor shall make such investigation of the applicant and location as he deems appropriate, including but not limited to directing an investigation by city employees such as the police department, fire department, and/or development services department. Based upon the outcome of the investigation, the mayor shall transmit his approval or disapproval regarding both the applicant and the proposed location per applicable Liquor Control Board standards. [Ord. 3977 § 2, 2014; Ord. 3969 § 1, 2014]. Packet Pg. 161 2.1.b Chapter 4.32 PUBLIC AMUSEMENTS Sections: 4.32.010 Definitions. 4.32.020 License required — Exceptions. 4.32.030 Procedure. 4.32.040 Police/fire investigation — Approval. 4.32.050 Issuance of license. 4.32.060 License fees/term. 4.32.070 Revocation of licenses. 4.32.080 Notice of revocation — Appeal. 4.32.090 Emergency suspension of license. 4.32.100 Acceptance of chapter terms. 4.32.110 Penalties. 4.32.200 Severability. 4.32.010 Definitions. A. "Person" shall mean any individual, firm, corporation, partnership or unincorporated association. B. "Police chief' and "fire chief' shall include his/her designee. C. "Public amusement" means circuses, carnivals, motion picture shows, exhibitions, concerts, side shows, vaudeville, amusement parks and any other form of diversion, pastime or recreation conducted for and open to the public regardless of whether an admission fee or other charge is made for attendance; provided, however, that nothing herein shall require the licensing and inspection of an activity conducted under the auspices of a bona fide, accredited grade school, middle school, high school or college and conducted on the premises thereof in facilities previously inspected and approved for public assembly. [Ord. 2671, 1988; Ord. 2653 § 1, 1988; Ord. 2175 § 1, 1980]. 4.32.020 License required — Exceptions. A. No person shall conduct any public amusement within the city of Edmonds until he has first obtained a license therefor and has paid all fees required by this chapter. The license required by this chapter is in addition to a business license that may be required under Chapter 4.72 ECC. B. No fee shall be required for the application of a nonprofit, charitable or religious community organization. [Ord. 2671, 1988; Ord. 2175 § 1, 1980]. 4.32.030 Procedure. A. Persons required to obtain licenses shall make application to the city clerk on forms provided therefor. B. The application shall contain the following information: 1. The name, address and telephone number of the person requesting the license, and if other than a natural person, the names of all officers and/or partners. 2. The type of public amusement, duration and hours of operation, and location. A sketch showing the location, size and arrangement of facilities shall be included with the application. 3. The number of employees and the number of expected customers. 4. Such other information as required by the city clerk in order to carry out the intent of this chapter (such as insurance) as may be required. C. Upon receipt of the license fee as provided for in this chapter, the city clerk shall forward the completed application to the police chief and fire chief for their investigation and review. [Ord. 2671, 1988; Ord. 2175 § 1, 1980]. Packet Pg. 162 4.32.040 Police/fire investigation — Approval. A. Upon receipt of the application, the police chief shall investigate the applicant to determine the level of service required to assure public safety, and the financial and criminal background of the applicant, if any. The fire chief will investigate the proposed premises to insure that fire and life safety requirements are being met. Upon completion of the investigation, the police/fire chief shall either approve the license application, disapprove the license application, or approve the application with conditions. Their decision shall be forwarded to the city clerk. B. The police/fire chief may require the applicant as a condition upon approval to: 1. Restrict the days and/or hours of operation. 2. Conduct the public amusement at a location other than as set forth on the application. 3. Limit the number of persons at any one time on the premises. 4. Comply with such other conditions as are reasonably necessary for protection of public safety and property. C. In addition to the fees referenced in ECC 4.32.060, the applicant shall pay a charge equal to the actual cost of fire inspection in accordance with the provisions of ECDC 19.75.065. [Ord. 3452 § 3, 2003; Ord. 2671 § 1, 1988; Ord. 2175 § 1, 1980]. 4.32.050 Issuance of license. Upon receipt of the police chief s decision to approve the application, the city clerk shall issue the license which shall contain the following: A. The name of the person to whom the license is issued. B. The date, time and place of operation or operations. C. The type of public amusement. D. All conditions imposed by the police/fire chief. E. The date the license expires. [Ord. 2671 § 1, 1988; Ord. 2175 § 1, 19801. 4.32.060 License fees/term. The license shall be for a term not to exceed one year. Fees for the public amusement license shall be as follows: A. Motion picture theaters, $30.00 per year. B. Circuses and/or carnivals, exclusive of sideshows, $50.00 per day. C. Sideshows, conducted with or without a circus, $50.00 per day. D. All other public amusements, $30.00 per day or $240.00 per year, whichever is lesser. [Ord. 2671 § 1, 1988; Ord. 2175 § 1, 1980]. 4.32.070 Revocation of licenses. Public amusement licenses may be revoked by the city clerk for any of the following reasons: A. Violation of any of the provisions of this chapter by the license holder, his agents or employees. B. The applicant has made any false or misleading statement or a misrepresentation of fact in connection with the license, or there has been a change of circumstances since the issuance of a license, such as anticipated crowd size, lapse or cancellation of required insurance, etc. [Ord. 2671 § 1, 1988; Ord. 2175 § 1, 1980]. 4.32.080 Notice of revocation — Appeal. A. The city clerk shall send the licensee notice of the revocation by mail. Notices mailed to the address on the application form shall be deemed received three days after posting. B. The notice shall state the reasons for the revocation and that the revocation will become final within 10 days of the date of the notice unless a written notice of appeal is filed with the city council within the 10-day period. Packet Pg. 163 C. If a written notice of appeal is filed within the 10-day period, the city council shall set a date for hearing and send the licensee notice of the date and time. If no written notice of appeal is filed, the license shall be deemed revoked as set forth in the notice to the licensee. D. License fees will not be refunded in whole or in part in the event of revocation or suspension of the license. [Ord. 2671 § 1, 1988; Ord. 2175 § 1, 1980]. 4.32.090 Emergency suspension of license. In the event the police chief or fire chief determines that there is an immediate threat to public safety, or to property, he may suspend the license without prior notice and order the immediate termination of the licensed activity or activities. Such suspension shall last until the police chief may determine that the threat to public safety, or to property, has abated, or until the licensee may bring the matter before the city council by delivering to the city clerk the written grievance of the licensee as to why the suspension should be terminated and the license reinstated. The city clerk upon receipt of such writing shall bring the matter on for hearing at the next regular meeting of the city council, or special meeting of the city council called for that purpose, if any. [Ord. 2671 § 1, 1988; Ord. 2175 § 1, 1980]. 4.32.100 Acceptance of chapter terms. By applying for and receiving a license under the provisions of this chapter the licensee agrees to all the terms of said chapter, the Edmonds City Code and Community Development Code, including but not limited to the terms and procedures for revocation and/or suspension should the same be exercised as herein provided. All decisions of the city council shall be final. [Ord. 2671 § 1, 1988; Ord. 2175 § 1, 1980]. 4.32.110 Penalties. Any person violating the provisions of this chapter or any person who conducts a public amusement in violation of any of the terms and conditions specified on the license shall be guilty of a misdemeanor and upon conviction thereof shall be punished as set forth in ECC 5.50.020. [Ord. 2671 § 1, 1988; Ord. 2175 § 1, 1980; Ord. 193, 1909]. 4.32.200 Severability. If any word, phrase or section of this chapter is held invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the remaining portions of this chapter. [Ord. 2671 § 1, 1988; Ord. 2175 § 1, 1980]. Packet Pg. 164 2.1.b Chapter 4.40 PUBLIC DANCES Sections: 4.40.010 Public dance defined. 4.40.020 License required — Fee — Hours of operation. 4.40.030 Police officer required — Powers and duties. 4.40.040 Penalty for violations. d c M c 4.40.010 Public dance defined. For the purpose of this chapter, any dance for which an admission or entrance fee is charged shall be considered a public dance, 0 whether the attendance be upon invitation or otherwise. [Ord. 2174 § 1, 1980; Ord. 349 § 1, 1923]. c� 4.40.020 License required — Fee — Hours of operation. A. Required. Any person, corporation, firm, partnership or other association other than those exempted in subsection B of this section, 'a) desiring to conduct a public dance within the corporate limits of the city of Edmonds shall first procure from the city clerk a license V granting them the right to conduct such dance. The license required by this chapter is in addition to a business license that may be required under Chapter 4.72 ECC. B. Exempt Organizations. The following shall be exempt from the requirements of this chapter: d 1. Nonprofit civic, charitable or religious organizations. 2. Public and/or private schools licensed by the state of Washington. m 3. Holders of a valid cabaret license under Chapter 4.48 ECC. d 4. Holders of a valid teen dance license under Chapter 4.44 ECC. C. Application Information. Application for a license under this chapter shall be made to the city clerk on forms provided by the city. o The application shall contain the following information: A d 1. The name and address of the person or persons who will be present at the dance and responsible for seeing that the terms and conditions of the license are complied with. 2. The number of expected guests and the hours within which the dance is to be conducted. 3. Whether any alcoholic beverages are to be served or consumed on the premises. 4. Such other information as may be required by the city clerk for proper administration of this chapter. D. Review — Fee. The person or persons listed in subsection 13(1) of this section shall sign the application. The fee for the license shall be $25.00. Upon receipt of the completed application and fee, the city clerk shall forward the application to the police chief. Upon review by the police chief, the city clerk shall issue the license. E. Contents. The license shall state on its face the date for which it is issued and shall expire at 2:00 a.m. of the day following the date for which it is issued. [Ord. 2572 § 1, 1986; Ord. 2174 § 1, 1980; Ord. 490, 1933; Ord. 349 § 2, 1923]. 4.40.030 Police officer required — Powers and duties. The police chief may require, as a condition of issuance of the license, an off -duty police officer to be in attendance, which officer shall have the duty of seeing that such public dance is conducted in an orderly and lawful manner and according to the terms of the license. The licensee shall be responsible for reimbursing the off -duty police officer for the time spent. [Ord. 2174 § 1, 1980; Ord. 349 § 3, 1923]. 4.40.040 Penalty for violations. Any person or corporation found guilty of the violation of any provision of this chapter shall be guilty of a misdemeanor and punished as set forth in ECC 5.50.020. [Ord. 2174 § 1, 1980; Ord. 349 § 5, 1923]. Packet Pg. 165 2.1.b Chapter 4.44 TEEN DANCE HALLS Sections: 4.44.010 Definitions. 4.44.020 License — Required — Fee — Renewals. 4.44.030 License — Exemption and waiver of payment. 4.44.040 License — Application. 4.44.050 License — Refusal to grant. 4.44.070 License — Revocation. r_ M 4.44.072 Teen dance — Age restrictions. E 4.44.074 Teen dance — Readmission fee. 4.44.076 Access — Public safety officer — Director. m 4.44.078 License limited to licensee and location. 0. m 4.44.010 Definitions. 0 For the purpose of this chapter and unless the context plainly requires otherwise, the following definitions are adopted: to C A. "Teen dance" means any dance that is open to the public and which permits the entry of persons under the age of 18 years and which: (1) is conducted for a profit, direct or indirect; or (2) requires a monetary payment or contribution from the persons admitted. n B. "Teen dance hall" means any place or premises where a teen dance is conducted, including but not limited to all parking areas, rn rn m hallways, bathrooms and all adjoining areas accessible to the public during the dance. c y m C. "Person" includes one or more natural persons, corporations, partnerships or unincorporated associations or other forms of business organization. d D. "Police chief' means the Edmonds police chief or his designee. [Ord. 2572 § 3, 1986]. to c 4.44.020 License — Required — Fee — Renewals. A. It is unlawful for any person to conduct a teen dance within the city of Edmonds without first having obtained and being the holder of a valid and subsisting license for such activity, to be known as a teen dance license. The fee for a teen dance license is $300.00. The license required under this chapter is in addition to a business license that may be required under Chapter 4.72 ECC. 0 B. The entire annual license fee shall be paid for the applicable calendar year regardless of when the application for license is made, V and shall not be prorated for any part of the year except that if the original application for license is made subsequent to June 30th, the license fee for the remainder of that year shall be one-half of the annual license fee. Annual license renewals shall be required to be g obtained and paid in full by January 31 st of each respective calendar year; provided, however, for calendar year 1986, teen dance -a licenses shall be obtained and paid in full on or before September 1, 1986. C. There shall be assessed and collected by the clerk an additional charge computed as a percentage of the license fee, on renewal applications not made on or before the expiration date, as follows: Additional Percentage of Days Past Due License Fee 7 — 30 25% 31 — 60 50% 61 and over 100% [Ord. 2572 § 3, 1986]. 4.44.030 License — Exemption and waiver of payment. A. The police chief reserves the right to waive the requirement of payment of the teen dance license fee in the case of any teen dance open to the public which, in the opinion of the police chief is conducted for a charitable purpose or will otherwise result in substantial benefit to the community and which merits waiver of the fee. Application for a fee wavier shall be made no less than 30 days prior to the date of the cabaret or teen dance for which a license is sought. Packet Pg. 166 2.1.b B. Dances conducted by public and/or private schools licensed by the state of Washington shall be exempt from the provisions of this chapter. [Ord. 2572 § 3, 1986]. 4.44.040 License — Application. A. Applications for any teen dance license shall be submitted in writing to the city clerk upon such forms as the clerk may prescribe at least 30 days prior to the first teen dance. In addition to other information requested, application forms shall contain the name and place of residence of the applicant, the address and description of the premises to be licensed and the time and date of the dance or dances to be held. All applications shall be reviewed by the mayor and approved or denied by the mayor. All such applications shall be accompanied by a certificate of insurance evidencing public liability coverage for persons and property equal to at least $500,000 per occurrence and one million in the aggregate. Such policy shall name the city of Edmonds as a named insured and provide for 30 4) days' notice of cancellation. c B. The police chief may impose such conditions as he finds necessary to adequately protect the public health, safety and general welfare, including the condition that the licensee employ an off -duty police officer to enforce the laws of the state of Washington and O city ordinances during any teen dance. [Ord. 2572 § 3, 1986]. 0. 4.44.050 License — Refusal to grant. A. The police chief shall deny a license if one or more of the following conditions exist: 1. The applicant is not in compliance with any state, county or city law or ordinance applicable to the premises or operator. 0 2. The applicant or any of the applicant's officers, directors, partners, operators, employees or any other person involved in the N operation of the teen dance or teen dance hall have: a. Committed any act, which, if committed by a licensee, would be grounds for the suspension or revocation of a license or c permit; or y b. Been convicted within the last five years of. M m i. A felony involving a crime of violence (as defined in RCW 9.41.010(2) as now exists or as hereafter amended) upon a juvenile or any felony under Chapters 9A.44, 9A.64, 9A.88 or 69.50 RCW; or H ii. A crime involving prostitution, promoting prostitution, prostitution loitering or lewd conduct, or assault on a juvenile; c o or N 3. Within the last two years the applicant has been refused a license or had a license revoked under the provisions of this chapter B. Any applicant denied a license may reapply and be granted a license if the applicant can show that the basis for such denial no longer exists. C. When the police chief refuses to grant a license, or grants a license with conditions, he shall notify the applicant in writing of the same and shall inform the applicant of his right to appeal to the city council within 10 days of the date of the notice by filing a written notice of appeal which contains a statement of the reasons for the appeal with the city clerk. [Ord. 2572 § 3, 1986]. 4.44.070 License — Revocation. A. The police chief may suspend or revoke any license issued pursuant to this chapter, upon 10 days' notice where one or more of the following conditions exist: 1. The license was procured by fraud or false representation or material fact in the application or in any report or record required to be filed with the clerk; 2. The building, structure, equipment or location of the business for which the license was issued does not comply with the requirements or fails to meet the standards of the applicable health, zoning, building, fire and safety laws and ordinances of the state of Washington, Snohomish County, and the city of Edmonds, or the requirements of this chapter; 3. The licensee or any owner, officer or agent thereof has committed any act which is a ground for denial of a license; 4. The licensee or his or her employee, agent, partner, director, officer or manager has knowingly allowed or permitted: a. Any unlawful act of sexual intercourse, sodomy, oral copulation, or masturbation to be committed in or upon the dance hall premises, or Packet Pg. 167 2.1.b b. The dance hall premises to be used as a place in which unlawful solicitations for sexual intercourse, sodomy, oral copulation or masturbation occur, or c. The possession or consumption of liquor by persons under the age of 21 years, in or upon dance hall premises, or d. The giving or supplying of liquor to any person under the age of 21 years, or e. The use by any person in or upon the dance hall premises of marijuana, cocaine or any other controlled substance (as defined in RCW 69.50.101(d) as now exists or as hereafter amended) not prescribed by a licensed physician for use by the person possessing or using the substance. c B. If the police chief finds that any of the conditions set forth in ECC 4.44.070(A) exist and that the existence of such condition c constitutes a threat of immediate and serious injury or damage to person or property, the police chief may immediately suspend or revoke any license issued under this chapter without prior opportunity to be heard, in which event the licensee shall be entitled to O appeal the decision to the city council in accordance with ECC 4.44.050(C). The notice of immediate suspension or revocation of license given pursuant to this subsection shall include the police chief's findings regarding the condition found to exist that constitutes Q. a threat of immediate and serious injury or damage to person or property, and shall also inform the applicant of his right to appeal within 10 days of the date of the notice by filing a written notice of appeal which contains a statement of the reasons for the appeal with the city clerk. [Ord. 2572 § 3, 1986]. V 4.44.072 Teen dance — Age restrictions. y A. No person conducting a teen dance or maintaining a teen dance hall shall allow persons under the age of 16 to enter or remain on 4) the premises without the written authorization of a parent or legal guardian signed on the premises of and in the presence of the licensee. N B. The licensee's hours of operation shall end at 10:00 p.m. on any evening preceding a day in which the Edmonds public schools are m y open for general classes and 12:00 midnight on any other day. No patron shall be permitted to enter or remain on the licensee's m premises after closing. C. Every person who knowingly or recklessly allows a person to enter or remain in violation of this section shall be guilty of a misdemeanor. It is the responsibility of the person conducting and/or operating a teen dance to require identification showing the age of each person admitted. c o_ D. An person under the age of 18 ears who affirmative) misrepresents his or her age to obtain admission to or permission to remain Any g Y Y p g P N > in any teen dance in violation of this chapter shall be guilty of a misdemeanor. E. No person under the age of 14 years nor over the age of 20 years shall be allowed to enter or remain on the premises; provided m c however, that this restriction shall not apply to employees and agents of the licensee. [Ord. 2572 § 3, 1986]. V 4.44.074 Teen dance — Readmission fee. No person conducting or operating a teen dance or teen dance hall shall permit any person, other than an employee, to leave the dance or dance hall and return unless that person pays a readmission fee equal to, or greater than, one-half the original price of admission. -a c [Ord. 2572 § 3, 1986]. E 4.44.076 Access — Public safety officer — Director. w All police officers of the city of Edmonds and/or the chief of police shall have free access to teen dances and teen dance halls when a d dance is being conducted for the purpose of inspection and to enforce compliance with the provisions of this chapter and other E applicable city, county and state health, zoning, building, fire and safety ordinances and laws. [Ord. 2572 § 3, 1986]. cM 4.44.078 License limited to licensee and location. Any license issued under the provisions of this chapter shall apply to a single licensee and to a single location only and shall not be transferable to other locations or to other persons. [Ord. 2572 § 3, 1986]. Packet Pg. 168 2.1.b Chapter 4.48 CABARET DANCES Sections: 4.48.010 Cabaret defined. 4.48.020 License fee. 4.48.025 Inspection fee. 4.48.030 License application and issuance. 4.48.040 Regulations applicable to cabaret dances. 4.48.050 Inspection of cabarets. 4.48.060 Dancing — Hours of operation. 4.48.070 Revocation of license — Hearing procedure — Appeal. 4.48.080 Penalty for violations. 4.48.300 Severability. 4.48.010 Cabaret defined. For the purposes of this chapter, a "cabaret" is defined as any public place of business, except a teen dance hall as defined in Chapter 4.44 ECC, wherein food or beverages are dispensed and dancing is allowed or permitted without charge. [Ord. 2572 § 2, 1986; Ord. 594 § 2, 1949]. 4.48.020 License fee. The license fee for operating a cabaret shall be $25.00 per year; the year to run from the date of the issuance of such license. The license required under this chapter is in addition to a business license that may be required under Chapter 4.72 ECC. [Ord. 594 § 3, 1949]. 4.48.025 Inspection fee. In addition to the license fee referenced in this chapter, the applicant shall pay a charge equal to the actual cost of inspecting the premises in accordance with the provisions of ECDC 19.75.065. [Ord. 3452 § 4, 2003]. 4.48.030 License application and issuance. Any person, firm, corporation or other entity desiring a cabaret license shall make application to the city clerk, which application shall specify the name and address of all owners or other person interested or having a proprietary interest in the premises, specify the type of music to be presented and the hours and days that cabaret dancing shall be conducted, together with such other information as may be requested from time to time by the city council. The license fee shall accompany the application for license and shall not be prorated for any portion of a year. Licenses issued under this chapter may be issued by the city clerk only after approval by the city council. [Ord. 1762 § 1, 1975; Ord. 594 § 4, 1949]. 4.48.040 Regulations applicable to cabaret dances. Closing hours, health and fire restrictions, conduct of patrons, lighting level in rooms and all other general and special regulations of the existing ordinances of the city of Edmonds or as they shall be amended or added to from time to time, relating to dances and dancing, and as regard morality and decency shall be effective as to and govern dances permitted under this chapter except as otherwise provided in this chapter; provided, however, the city council shall have the right to require that special police officers, as provided for in Chapter 4.40 ECC, be in attendance as a condition of the granting of any license under this chapter; provided, further, the city shall have the right to review the need for special police officers in attendance at any dances licensed hereunder and may require the presence of such officers after a license has been issued if such is found to be necessary for the public hearing in the manner as provided in ECC 4.48.070. [Ord. 1762 § 2, 1975; Ord. 372 § 3, 1925]. 4.48.050 Inspection of cabarets. It is unlawful for the owner of any hotel, restaurant or cafe where dancing is carried on, his agent or employee, to refuse admission to any public officer for the purpose of inspecting such hotel, restaurant or cafe to see if the ordinances of the city of Edmonds with reference to health, regulations, prevention of fire hazards and morality and decency in the city are being complied with in said place. [Ord. 372 § 5, 1925]. 4.48.060 Dancing — Hours of operation. It is unlawful for any person, firm or corporation to allow or permit dancing in any hotel, restaurant, or cafe in the city of Edmonds between the hours of 2:00 a.m. and 8:00 a.m. of any day of the week. [Ord. 1452, 1969; Ord. 372 § 5A, 1925]. Packet Pg. 169 2.1.b 4.48.070 Revocation of license — Hearing procedure — Appeal. A. Any holder of a license under this chapter who is found to be guilty of a violation of any of the provisions of this chapter or of the provisions of any ordinance of the city of Edmonds or the laws of the state of Washington relating to intoxicating liquors, shall be subject to having the license suspended or cancelled and revoked. The responsibility of the maintenance of an orderly premises shall be upon the licensee. B. When the chief of police determines that there is cause for suspending or revoking any license issued pursuant to this chapter, he shall notify the person holding the license by certified mail, at the address set forth on the application for the license of his decision to suspend or revoke such license. C. Notice mailed to the last business address on file for the licensee shall be deemed received three days after posting in the United States mails. The notice shall specify the grounds for the suspension or revocation and the same shall become effective 10 days from the date the notice is delivered or deemed received unless the person affected thereby files a written request for a hearing with the city council within such period. D. The city council shall, upon receipt of such a request, set a hearing date within 30 days following the receipt of such request. At such hearing, the council shall have the authority to suspend for any given period of time or revoke the license or void the police chief s notice of suspension or revocation or require additional restrictions on the licensee's operation including the requirement that a special police officer be present during hours of operation in order to ensure compliance with the provisions of this chapter and the conditions of any license issued or granted hereunder. The council shall have the right to continue the hearing from time to time as it deems necessary to provide itself with full information concerning the facts and circumstances giving rise to the proposed suspension or revocation of the license. E. Appeals from the city council's decision shall be made to the superior court having jurisdiction by writ of certiorari within 10 days of the announcement of the decision by the council with respect to suspension and/or revocation of any license issued under this chapter. Costs of preparing and certifying a record of the council proceedings to superior court upon an appeal from the council's decision, shall be borne by the person, firm, corporation or other entity appealing the decision. F. In the event the licensee does not request a hearing before the city council within the time provided in the notice, the license of the person shall be suspended or revoked as provided in the notice served upon the licensee. In the event a licensee who has appealed to the city council fails to appeal to the superior court within the time limits as provided herein, the license of the person, firm, corporation or other entity shall be suspended or revoked in accordance with the decision of the city council upon expiration of the appeal period to the superior court. [Ord. 1762 § 3, 1975; Ord. 372 § 6, 1925]. 4.48.080 Penalty for violations. Any person violating or failing to comply with any of the provisions of this chapter is guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine or by imprisonment in the city jail or by both such fine and imprisonment as set forth in ECC 5.50.020. [Ord. 372 § 7, 1925]. 4.48.300 Severability. If any section, subsection, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this chapter, it being expressly declared that this chapter, and each section, subsection, sentence, clause and phrase hereof would have been prepared, proposed, adopted, approved and ratified irrespective of the fact that any one or more section, subsection, sentence, clause or phrase be declared invalid or unconstitutional. [Ord. 1762 § 4, 1975]. Packet Pg. 170 2.1.b Chapter 4.50 LICENSING OF PUBLIC MASSAGE PARLORS AND PUBLIC BATHHOUSES Sections: 4.50.010 Definitions. 4.50.020 Exemptions. 4.50.030 License required — Massage parlor and public bathhouse. 4.50.040 Fees — Disbursements. 4.50.050 Application for and renewal of license — Massage parlor and public bathhouse. 4.50.055 Application for and renewal of license — Massage parlor, sauna parlor, body painting studio and public bathhouse attendants. 4.50.060 Public officials — Duties. 4.50.070 Application for and renewal of license — Massage parlor and public bathhouse — Health authority approval. 4.50.080 License required — Masseur, massage parlor attendant and public bathhouse attendant. 4.50.130 City clerk to issue licenses. 4.50.140 Denial of license — Hearing. 4.50.150 Liquor, controlled substances — Prohibited — Exception. 4.50.160 Hours of operation. 4.50.170 Duty to report change of employment — Penalty. 4.50.180 List of services — Required — Records to be kept. 4.50.190 Prohibited activity — Dress standards. 4.50.200 Employees. 4.50.210 Unlawful to employ unlicensed person. 4.50.220 Unlawful to admit certain persons. 4.50.230 Unlawful to advertise without license. 4.50.240 Premises to be open for inspection. 4.50.250 Denial, suspension or revocation of licenses — Grounds. 4.50.260 Term of license — Renewal. 4.50.270 License to be displayed. 4.50.280 Penalty. 4.50.290 Severability. 4.50.010 Definitions. For the purposes of this chapter, the following terms, words and phrases shall have the following meanings: A. "Body painting studio' and "body studio", as used in this chapter, mean any premises, other than a massage parlor or public bathhouse as defined herein, upon which is furnished for a fee or charge or other like consideration the opportunity to paint, massage, feel, handle, or touch the unclothed body or an unclothed portion of the body of another person, or to be so painted, massaged, felt, handled or touched by another person, or to observe, view or photograph any such activity, and shall include any such premises which is advertised or represented in any manner whatsoever as a "body painting studio', "model studio', "sensitivity awareness studio' or any other expression or characterization which conveys the same or similar meaning and which leads to the reasonable belief that there will be furnished on such premises for a fee or charge or other like consideration the opportunity to paint, massage, feel, handle, or touch the unclothed body or unclothed portion of the body of another person, or to be so painted, massaged, felt, handled or touched by another person, or to observe, view or photograph any such activity. B. "Body painting studio attendant" means any person who administers to, or performs services for, patrons of a body painting studio or who supervises the work of another person administering to or performing services for such patrons. The term does not include a person who performs only custodial or janitorial work. C. "Massage" means the treatment to the body of another person by rubbing, kneading, hitting or any other manipulation, including the use of equipment, machinery or appliances in connection with the foregoing. D. "Massage parlor" means a place where massages are given or furnished for, or in expectation of, any fee, compensation or monetary consideration. Packet Pg. 171 2.1.b E. "Massage parlor attendant" means any person who administers to, or performs services for, patrons of a massage parlor or who supervises the work of a masseur or masseuse or other person administering to, or performing services to, such patrons. The term does not include a person who performs only custodial or janitorial work. F. "Masseur" or "masseuse" means a person engaged in the practice of massage and shall be referred to herein only as "masseur". G. "Person" means any individual, firm, partnership, association, company, or organization of any kind. H. "Public bathhouse" means any place where baths or facilities for baths of any kind whatever are given or furnished and the terms shall include but not be limited to: Finnish baths; Russian baths; sauna baths; Swedish baths; Turkish baths; baths by hot air, steam, F vapor, water or electric cabinet; provided, that such term shall not include ordinary tub or shower baths where attendant is not C required. c L I. "Public bathhouse attendant" means any person who administers to, or performs services for, patrons of a public bathhouse or who O supervises the work of such a person. The term does not include a person who performs only custodial or janitorial work. [Ord. 1823 § 1, 1976; Ord. 1684 § 2, 1973]. Q. 4.50.020 Exemptions. m A. The provisions of this chapter do not apply to: c V 1. Any person giving massage treatments or baths in a private residence who operates as a sole proprietorship, owns and resides W at the private residence and employs no other person or persons; 2. Persons giving massage treatments or baths in a nonprofit, bona fide charitable club, a private social club or a public or private J y athletic club; m c 3. Athletic coaches or trainers affiliated with public or private educational institutions or athletic organizations; 00 4. Students enrolled in schools of massage performing such practices of massage as are incidental to their course of study; d 5. The provisions of this chapter shall not apply to massage treatments given in any hospital, duly licensed nursing or convalescent home, or by physical therapist or massage therapist duly licensed, who treat patients upon written prescription or c direction of a duly licensed health care professional authorized by the state of Washington to treat the sick, injured, or infirm, or o by any nurse under the direction of a person so licensed; 6. Licensed beauty operators and barbers who perform only such acts of scalp or facial massage as are customarily given in d beauty salons and barbershops for purposes of beautification only are also exempt from the provisions of this chapter; c U 7. Massage parlors where all massage services are performed solely by massage therapists duly licensed in accordance with the laws of the state of Washington. B. The applicant shall have the initial burden of proof of establishing by a preponderance of the evidence that he/she/it falls within any of the exceptions created by this section in any proceeding, administrative, civil or criminal. [Ord. 2914 § 1, 1993; Ord. 2609 § 1, 1987; Ord. 2554 § 1, 1986; Ord. 2497, 1985; Ord. 1700, 1974; Ord. 1684 § 3, 1973]. E a 4.50.030 License required — Massage parlor and public bathhouse. It is unlawful to conduct, operate, or maintain a massage parlor, or public bathhouse unless such establishment or premises is licensed as provided in this chapter. The license required under this chapter is in addition to a business license that may be required under Chapter 4.72 ECC. [Ord. 1823 § 2, 1976; Ord. 1684 § 4, 1973]. 4.50.040 Fees — Disbursements. A. Except as provided in subsection (C) of this section, the fee for a license for a regulated establishment and renewal of the same, as required by ECC 4.50.030, is fixed in the sum of $500.00 per year. Such fee shall not be refundable. B. A fee of $100.00 shall be charged for all applicants for licensing as attendants under the provisions of ECC 4.50.080(A). No fee shall be charged to persons who qualify as attendants under the provisions of ECC 4.50.080 (B) when operating as a sole practitioner. C. The purpose of such fee is to provide adequate reimbursement to the city for the following costs: 1. The investigation by the chief of police or his designee of the applicant and the statements made in the application. Packet Pg. 172 2.1.b 2. The city planner's determination of compliance with the zoning code and building code. 3. The fire chief s determination of compliance with the regulation of the Fire Prevention Code. 4. The chief of police or his designee's further investigation and inspection of premises defined in this chapter in any reasonable time period. 5. The city clerk's issuance of such license. D. Any massage parlor or other business within the city offering massage services and which employs for the purposes of massage - only massage therapists licensed in accordance with the provisions of Chapter 18.108 RCW as a licensed massage therapist shall be exempt from the provisions of this chapter. No massage therapist licensed pursuant to Chapter 18.108 RCW shall be required to register or pay any fee pursuant to this chapter other than nondiscriminatory business license fees applied to all business entities within the city. The police chief and/or city clerk are authorized to accept a photocopy of the state license in lieu of the provisions of this chapter or the requirements of ECC 4.50.050(A)(8). No massage therapist licensed pursuant to the provisions of Chapter 18.108 RCW shall be required to register with the city and these provisions relate only to the establishment of the right of such individual for exemption from the statute. [Ord. 3648 § 1, 2007; Ord. 2609 § 2, 1987; Ord. 1823 § 3, 1976; Ord. 1684 § 5, 1973]. 4.50.050 Application for and renewal of license — Massage parlor and public bathhouse. A. No license or renewal of license to conduct a massage parlor or public bathhouse shall be issued or renewed except upon written application to the city clerk which shall be signed and sworn to by the person who intends to conduct, operate or maintain a massage parlor or public bathhouse. Such application shall contain the following information: 1. The true name, home address, telephone number and the age of the applicant. 2. The business name, business address, and telephone number of the establishment or proposed establishment. 3. Whether the applicant is a sole proprietorship, partnership or corporation. If a partnership, the application shall set forth names, addresses and telephone numbers of all persons, whether general or limited partners, sharing in the profits of said business and the respective ownership share of each. If a corporation, it shall set forth the name, residence address and telephone number of each of its officers, directors and shareholders, and the number of shares held by each. It shall set forth all persons having any interest in the real or personal property at the premises, and any persons sharing in the proceeds of the business. 4. How long the applicant (if corporation, its officers, or if partnership, its partners) has resided in the city of Edmonds. If not a resident of the city of Edmonds continuously for the last five years, previous addresses during that period. 5. Whether the applicant or anyone owning an interest in the business or proposed business has ever been convicted of or forfeited bail to any crime, excluding minor traffic offenses. If so, the crime, the name of the court in which the case was filed, the circumstances and the disposition of the case. 6. If the applicant is a sole proprietorship or a partnership, stating whether the proprietor or the partners are of legal age. 7. The principal business of the proprietor of the proposed establishment if a sole proprietorship; if a partnership, the principal occupation of all partners; if a corporation, the principal business enterprises of such corporation. 8. Three two-inch by two-inch black -and -white photographs of the applicant, or in the case of a firm, the party signing the application, showing only the full face of such applicant. The three two-inch by two-inch black -and -white photographs shall be provided at the applicant's expense. The license, when issued, shall have affixed to it such photograph of the applicant, or of the party signing the application, and such license shall be posted and displayed in a conspicuous place in the establishment where such license is enjoyed, at all times, and such license shall not be tampered with in any manner. 9. Such applicant, or party signing the application, shall also be required to submit to fingerprinting by the police department, and such fingerprints shall be retained in the application file, a copy of which will be forwarded to the Federal Bureau of Investigation, Identification Bureau. 10. All assumed names or aliases which have been or are used by any person whose name appears on the application. 11. Whether or not the applicant or anyone owning an interest in the business for which the license is being sought has ever been licensed to operate a similar business, the name and post office address of such licensing authority, whether any such license has ever been suspended, denied or revoked and the name and post office address of the licensing authority, suspending, denying or revoking any such license together with the date and the reasons given for such action. Packet Pg. 173 2.1.b 12. Evidence that the applicant has a current license or licenses as required by the laws of the state of Washington including Chapter 280 of the Laws of the State of Washington 1975 First Extraordinary Session. 13. A certificate of insurance evidencing malpractice and premises liability coverage in amounts equal to or exceeding $300,000 per occurrence and $1,000,000 aggregate, and providing for 20 days' notification to the city of Edmonds, as a named insured, of any cancellation thereof. 14. Such other information as the city clerk may reasonably require in connection with the application. B. Misrepresentation of fact, failure to disclose facts or the providing of incorrect, false, misleading or incomplete information shall 6 constitute grounds for denial of issuance of a license hereunder or in the event of discovery of such after the issuance of a license r- hereunder shall constitute grounds for revocation of such license. [Ord. 2554 § 2, 1986; Ord. 1823 § 4, 1976; Ord. 1684 § 6, 1973]. c L 4.50.055 Application for and renewal of license — Massage parlor, sauna parlor, body painting studio and public bathhouse O attendants. A. No license or renewal of a license for any person to serve or act as a massage parlor, sauna parlor, body painting studio or publicam -a bathhouse attendant (hereinafter "applicant") shall be issued or renewed except on written application to the city clerk which shall be D signed and sworn by the applicant. Such application shall contain the following information: 1. The true name, home address, telephone number and the date of birth of the applicant. 0 V d N 2. The business name, business address, and telephone number of the establishment or proposed establishment at which the a) applicant proposes to work. J 3. How long the applicant has resided within the city of Edmonds. If the applicant has not been a resident of the city of Edmonds U) m continuously for the past seven years, the previous addresses of the applicant during that period. .y 7 4. Whether the applicant has ever been convicted of or forfeited bail relating to any crime, excluding minor traffic offenses, m within the past seven years. If so, the crime, name of the court in which the case was filed, the circumstances and disposition of I* the case. d 5. All assumed names or aliases which have been or are used by the person whose name appears on the application. 6. At the discretion of the police chief, such applicant may also be required to submit to fingerprinting by the police department. Such fingerprints shall be retained in the application file and a copy shall be forwarded to the Federal Bureau of Investigation, Identification Bureau. 7. Such other information as the city clerk may reasonably require in connection with the application. B. In lieu of the provisions of this section and in accordance with the provisions of ECC 4.50.080, an applicant may provide in a form designated by the police chief evidence of licensing in the form of a photostatic copy of a valid, current license issued in accordance with the provisions of Chapter 18.108 RCW as a licensed massage therapist. The police chief may require further information, including but not limited to photographs and/or fingerprints, in order to adequately establish the identity of the applicant, and that said applicant possesses a valid state license as a massage therapist. Upon such showing, the city clerk is authorized to dispense with the application requirements of subsection A. C. Misrepresentation of fact, failure to disclose facts, or the providing of incorrect, false, misleading or incomplete information shall constitute grounds for denial of the issuance of license hereunder, or in the event of discovery of such, after the issuance of a license hereunder, shall constitute grounds for revocation of such license. [Ord. 2609 § 3, 1987]. 4.50.060 Public officials — Duties. A. Upon filing of an application under this chapter, the city clerk shall forward copies to the chief of police, the city planner, the fire chief, and the building inspector. B. Within 30 days after receipt of a copy of the application, the chief of police shall investigate the statements set forth in the application and report to the city clerk whether the application contains false, misleading or incomplete information. C. Within 30 days after receipt of a copy of the application, the city planner shall inspect the proposed establishment and report to the city clerk whether the location of the proposed establishment is in conformity with the regulations of the zoning code. Packet Pg. 174 2.1.b D. Within 30 days after receipt of a copy of the application, the fire chief shall examine the proposed establishment and report to the city clerk whether it complies with the regulations of the fire prevention code. E. Within 30 days after receipt of a copy of the application, the building inspector shall examine the proposed establishment and report to the city clerk whether it complies with the regulations of the building code. [Ord. 1684 § 7, 1973]. 4.50.070 Application for and renewal of license — Massage parlor and public bathhouse — Health authority approval. No license to conduct a massage parlor or public bathhouse shall be issued or renewed without first having had such inspection and approval as shall be required by the health authority having jurisdiction over the matter. [Ord. 1823 § 5, 1976; Ord. 1684 § 8, 1973]. 4.50.080 License required — Masseur, massage parlor attendant and public bathhouse attendant. It shall be unlawful for any person to perform services in any establishment defined in this chapter as a massage parlor, sauna parlor, body painting studio or public bathhouse as a masseur, massage parlor attendant or public bathhouse attendant unless that person shall be licensed either: A. In accordance with the provisions of ECC 4.50.130, or B. In accordance with the provisions of Chapter 18.108 RCW as a licensed massage therapist. [Ord. 2609 § 4, 1987]. C. A person providing such services as an independent contractor may also be required to obtain a business license under Chapter 4.72 d r- c 'a O m Q. 0 V ECC. u0i c d 4.50.130 City clerk to issue licenses. J A. Massage Parlor, Sauna Parlor and Public Bathhouse License. If, from the information supplied the city clerk, it appears that the y application and the premises are fit and proper, and the statements contained in the application are true and complete, and that the m applicant or the owners of the application firm have not been convicted of violating the provisions of state statute or any local ordinance regulating the provisions of massage services or the operation of a massage parlor, public bathhouse or body studio and that m the applicant has complied with all the requirements of this code, the city clerk shall issue a license for the business to the applicant, -- otherwise the license application shall be denied. d B. No person shall operate a massage parlor or public bathhouse until a license has been approved in the manner specified by this H chapter. 0 C. No massage business license shall be issued for a business premises presently under suspension pursuant to action under this N chapter, nor for a period of six months following the date of a revocation pursuant to the terms of this chapter. D. Massage Parlor, Sauna Parlor, Body Painting Studio and Public Bathhouse Attendant License. If in the information supplied to the m c city clerk it appears that: U 1. The applicant is a fit and proper person to serve as a massage parlor, sauna parlor, body painting studio or public bathhouse 0 attendant; y c 2. The statements contained in the application are true and complete; 0 E 3. The applicant has not been convicted of violating the provisions of state statute or any local ordinance relating to the provision w of massage services, the operation of a massage parlor, sauna parlor, public bathhouse or body studio and has not committed any offense of prostitution or other similar sexual offense which is a crime under the statutes of any state; and d E 4. The applicant has complied with all the requirements of this code, then the city clerk shall issue license for the business to the t applicant; otherwise the license application shall be denied. [Ord. 2609 § 5, 1987; Ord. 2554 § 5, 1986; Ord. 1829, 1976; Ord. Q 1823 § 11, 1976; Ord. 1684 § 14, 1973]. 4.50.140 Denial of license — Hearing. Any applicant whose application has been denied may, within 10 days following notification of the denial, file a petition for a hearing with the city council. The city council shall set a hearing date within 30 days of receiving such request. [Ord. 1684 § 15, 1973]. 4.50.150 Liquor, controlled substances — Prohibited — Exception. A. Liquor, as that term is defined by the Washington State Alcoholic Beverage Control Act, shall not be distributed or consumed on any premises under regulation by this chapter, unless the premises is licensed to serve the same by the Washington State Liquor Control Board. Packet Pg. 175 B. Controlled substances, as defined by the Washington State Uniform Controlled Substances Act, and/or ordinances of the city of Edmonds, shall not be distributed or consumed on any premises under regulation by this chapter. [Ord. 1684 § 16, 1973]. 4.50.160 Hours of operation. All massage businesses shall be closed and all services performed therein discontinued between the hours of 12:00 midnight and 8:00 a.m. [Ord. 1823 § 12, 1976; Ord. 1684 § 17, 1973]. 4.50.170 Duty to report change of employment — Penalty. Massage parlor attendants, public bathhouse attendants and masseurs must keep the city clerk informed of any change of employment. Failure to report a change in employment may result in a 30-day license suspension. [Ord. 1823 § 13, 1976; Ord. 1684 § 18, 1973]. 4) 4.50.180 List of services — Required — Records to be kept. c c A list of all services offered with a brief description of what the service entails, along with the cost for such service, must be posted in a prominent place. All business transactions with customers must be conducted in accordance with the posted list of services. Daily 0 records must be kept of the number of customers, the time of the service, and the amount of money paid by these customers for services, including gratuities. Such records shall be open to inspection by the police department at all reasonable times. [Ord. 1684 § Q. 19, 1973]. 4.50.190 Prohibited activity — Dress standards. m V A. It is unlawful for any owner, proprietor, manager, employee or agent of any facility to intentionally touch or manipulate the genitals of a customer in any manner. All masseurs, massage parlor attendants, sauna parlor attendants or public bathhouse attendants shall not attend any patron unless at all times appropriately dressed which shall include the wearing of undergarments and a smock or uniform which cannot be seen through. Any violation of this section shall be grounds for revocation of the license issued pursuant to n ECC 4.50.030 for the operation of such business and/or the revocation of the license required by ECC 4.50.080 issued to the employee N who violates any provision of this section. B. It is unlawful for any person to operate, conduct or maintain a body studio as defined in this chapter, or to knowingly conduct any .y m business related thereto on the premises of a body studio, or to knowingly be employed on such premises. C. The license of the business in which a violation occurs may be revoked for such violation whether the owner knew of or encouraged the violation or whether the customer requested or acquiesced in the violation. [Ord. 1823 § 14, 1976; Ord. 1684 § 20, 1973]. c 4.50.200 Employees. It shall be unlawful for any owner, proprietor, manager or person in charge of any facility regulated by this chapter to employ in such establishment any person under the age of 18 years of age. [Ord. 2554 § 6, 1986; Ord. 1684 § 21, 1973]. 4.50.210 Unlawful to employ unlicensed person. It shall be unlawful for any owner, proprietor, manager or person in charge of any facility regulated by this chapter to employ in such establishment any person who does not have a valid license issued pursuant to the provisions of RCW 18.108.020. [Ord. 2554 § 7, 1986; Ord. 1684 § 22, 1973]. 4.50.220 Unlawful to admit certain persons. It is unlawful for the owner, proprietor, manager or person in charge of any facility regulated by this chapter or any employee or agent of such establishment to admit anyone under the age of 18 years of age and permit them to remain in or about such premises, unless such person under the age of 18 years is accompanied by his or her parent or legal guardian, or to knowingly harbor, admit, receive or permit to be or remain in or about such premises, any prostitute, lewd or dissolute person, or any drunk or boisterous person, or any person under the influence of any controlled substance, or any person who, by his conduct on such premises, tends in any way to corrupt the public morals. [Ord. 1684 § 23, 1973]. 4.50.230 Unlawful to advertise without license. It is unlawful to advertise the services of any establishment or employee as herein defined not licensed according to the provisions of this chapter. [Ord. 1684 § 24, 1973]. 4.50.240 Premises to be open for inspection. Any person making application for a license under the provisions of this chapter shall be deemed to have given consent to the entry of the premises for which application is made for inspection by any of the officials designated herein to perform such inspection. A refusal of such entry shall result in a denial or revocation of the business license. [Ord. 1684 § 25, 1973]. Packet Pg. 176 2.1.b 4.50.250 Denial, suspension or revocation of licenses — Grounds. A. Authority. The city clerk may deny issuance or renewal of any license authorized under this chapter, or suspend or revoke any such license, if the licensee has: 1. Violated any provisions of this chapter by the person holding such license or any of his servants, agents or employees. 2. Has made any false statement or misrepresentation of fact in connection with the license. 3. Has failed to obtain or has had any license required by the state of Washington suspended or revoked. B. Request for Hearing. When the city clerk determines that there is cause for denying, suspending or revoking any license issued d pursuant to this chapter, she shall notify the person holding said license by registered or certified mail, return receipt requested, of her c decision. Notice mailed to the address on file shall be deemed received three days after mailing. The notice shall specify the grounds for the denial, suspension or revocation. The suspension or revocation shall become effective 10 days from the date the notice is O delivered or deemed received unless the person affected thereby files a written request with the clerk for a hearing before the city 0) council within such 10-day period. The city council shall set and hold a hearing within 30 days following receipt of such request. Q. Appeal from a decision of the city council shall be to the Snohomish County Superior Court and must be served and filed within 30 days of the decision of the city council. In the event the person does not request a hearing within the aforementioned period, the license of said person shall be denied, suspended or revoked as provided in the notice. [Ord. 2554 § 8, 1986; Ord. 1823 § 15, 1976; V Ord. 1684 § 26, 1973]. 4.50.260 Term of license — Renewal. N Licenses issued pursuant to this chapter shall be valid until December 31 st of the year for which they are issued, and may be renewed n by following the same procedure specified for filing the original application. Licenses issued pursuant to this chapter shall not be N assigned or transferred from one holder or place to another. [Ord. 1823 § 16, 1976; Ord. 1684 § 27, 1973]. .y 4.50.270 License to be displayed. M 00 Licenses required by this chapter, both for premises and employees, shall be displayed in a conspicuous place for public inspection. [Ord. 1684 § 28, 1973]. 4.50.280 Penalty. Any person convicted of a violation of this chapter shall be guilty of a misdemeanor, and shall be punished by a fine of not more than $250.00 or by imprisonment for not more than 90 days or by both such fine and imprisonment as provided in ECC 5.50.020. 4.50.290 Severability. If any section, subsection, sentence, clause, phrase or portion of this chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions of this chapter. [Ord. 1684 § 30, 1973]. Packet Pg. 177 2.1.b Chapter 4.52 REGULATIONS FOR ADULT ENTERTAINMENT FACILITIES Sections: 4.52.010 Purpose. 4.52.020 Scope. 4.52.030 Definitions. 4.52.040 Prohibition. 4.52.050 Regulated uses. 4.52.060 License required. 4.52.070 Investigation and application. 4.52.080 Issuance of license. 4.52.090 License fees for adult entertainment facilities. 4.52.100 Licenses for managers and entertainers. 4.52.110 Due date for license fees. 4.52.120 Manager on premises. 4.52.130 License nontransferable. 4.52.140 License — Posting and display. 4.52.150 Specifications — Adult cabarets. 4.52.160 Standards of conduct and operation applicable to adult entertainment facilities. 4.52.170 Regulations applicable to adult arcades. 4.52.180 Regulations applicable to video stores not qualifying as adult entertainment facilities. 4.52.190 Exemptions. 4.52.200 License — Name of business or place of business. 4.52.210 Inspections. 4.52.220 Hours of operation. 4.52.230 Alcohol prohibited. 4.52.240 Barkers prohibited. 4.52.250 Record keeping requirements. 4.52.260 Denial, suspension or revocation of license, and appeal procedures. 4.52.270 Suspension or revocation of license — Duration. 4.52.010 Purpose. It is the intended purpose of this chapter to recognize the importance and benefits of freedom of expression to a democratic society. Experience has shown that establishments such as adult entertainment facilities, as defined herein, present the opportunity to engage and the high probability of engaging in activity which is criminal and/or not protected by the Constitution, and which is detrimental to the public health, safety and welfare. Therefore, the licensing and operation of adult entertainment facilities should be regulated and monitored through the system of licensing and operating regulations contained in this chapter. [Ord. 3097 § 4, 1996]. 4.52.020 Scope. This chapter is intended to apply to the licensing and operation of all adult entertainment facilities in the city. The location and siting of such facilities is governed by zoning regulations contained in the Edmonds Community Development Code. [Ord. 3097 § 4, 1996] 4.52.030 Definitions. For the purposes of this chapter, certain terms and words are defined as follows: A. "Adult entertainment" shall mean: 1. Any exhibition, performance or dance of any type conducted in an adult entertainment facility where such exhibition, performance or dance involves a person who is unclothed or in such costume, attire or clothing as to expose any portion of the female breast below the top of the areola or any portion of the pubic region, anus, buttocks, vulva or genitals, or human male genitals in a discernibly turgid state, or wearing any device or covering exposed to view which simulates the appearance of any portion of the female breast below the top of the areola or any portion of the pubic region, anus, buttocks, vulva or genitals, or human male genitals in a discernibly turgid state, even if completely and opaquely covered; or Packet Pg. 178 2.1.b 2. Any exhibition, performance or dance of any type conducted in an adult entertainment facility where such exhibition, performance or dance is distinguished or characterized by a predominant emphasis on the depiction, description, simulation or relation to the following specified sexual activities: a. Human genitals in a state of sexual stimulation or arousal; or b. Acts of human masturbation, sexual intercourse or sodomy; or c. Fondling or other erotic touching of human genitals, pubic region, anus, buttocks or female breast; or 3. Any exhibition, performance or dance intended to sexually stimulate any patron and conducted in an adult entertainment d c facility where such exhibition, performance or dance is performed for, arranged with or engaged in with fewer than all patrons in c the adult entertainment facility at that time, with separate consideration paid, either directly or indirectly, for such performance, 'a exhibition or dance. For purposes of example and not limitation, such exhibitions, performances or dances are commonly referred O to as table dancing, couch dancing, taxi dancing, lap dancing, private dancing or straddle dancing. B. "Adult entertainment facilities" shall mean those businesses defined as follows: 1. "Adult arcade": a commercial establishment containing individual viewing areas or booths, where, for any form of m 0 consideration, including a membership fee, one or more still or motion picture projectors, slide projectors, or other similar image V producing machines are used to show films, motion pictures, video cassettes, slides, or other photographic reproduction of u0i specified sexual activities or specified anatomical areas. 2. "Adult cabaret": a nightclub, bar, restaurant, theater or auditorium, or similar commercial establishment, whether or not J y alcoholic beverages are served, which features adult entertainment. m c 3. "Adult motel': a hotel, motel, or similar commercial establishment which: 00 a. Offers sleeping accommodations to the public for any form of consideration and provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions which are N characterized by the depiction or description of specified sexual activities or specified anatomical areas and are not rated G, H PG, PG-13, NC-13, NC-17 or R by the Motion Picture Association of America; or the establishment has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions; or 0 A b. Offers a sleeping room for rent for a rental fee period of time that is less than 10 hours; or c. Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than 10 hours. c U 4. "Adult motion picture theater": a commercial establishment or drive-in theater where films, motion pictures, video cassettes, E slides, or similar photographic reproductions characterized by the depiction or description of specified anatomical areas or specified sexual activities and are not rated G, PG, PG-13, NC-13, NC-17 or R by the Motion Picture Association of America and W are shown for any form of consideration. 5. "Other adult entertainment facility": any commercial establishment to which any patron is invited or admitted and where adult 0 E entertainment is provided on a regular basis and as a substantial part of the activities of the establishment. w C. "Barker" shall mean any person who is located at the entrance of or outside of an adult entertainment facility, and attempts to c a) solicit business for the same by using voice or gestures. t 0 D. "City" shall mean the city of Edmonds, Washington. Q E. "Director" shall mean the city clerk, or his/her designee. F. "Employee" shall mean any and all persons, including managers, entertainers, independent contractors, renters, lessees, or sublessees, who work in or at or render any services directly related to the operation of any adult entertainment facility whether or not such person is paid compensation by the operator of said business. G. "Entertainer" shall mean any person who provides live adult entertainment in an adult entertainment facility, whether or not that person is an employee of the business and whether or not a fee is charged or accepted for such entertainment, and whether or not that person is nude, semi-nude or clothed. Packet Pg. 179 2.1.b H. "Establishment" shall mean any of the following: 1. The opening or commencement of an adult entertainment facility as a new business; or 2. The conversion of an existing business, whether or not an adult entertainment facility, to an adult entertainment facility; or 3. The addition of an adult entertainment facility to any other existing adult entertainment facility; or 4. The relocation of any adult entertainment facility; or 5. An existing adult entertainment facility. d I. "Expressive dance" shall mean any dance which, when considered in the context of the entire performance, constitutes an M c :a expression of art, theme, story or ideas, but excluding any dance such as, but not limited to, common barroom -type topless dancing 0` which, when considered in the context of the entire performance, is presented primarily as a means of displaying nudity as a sales 0; device or for other commercial exploitation without substantial expression of theme, story or ideas, and the conduct appeals to the prurient interest, depicts sexual conduct in a patently offensive way and lacks serious literary, artistic, political or scientific value. 0. J. "Manager" shall mean any person who manages, directs, administers, or is in charge of, the affairs and/or the conduct of an adult m c entertainment facility. t� d N K. "Nude" or "state of nudity" shall mean the appearance or less than complete and opaque covering of the human anus, male genitals, d female genitals, or the areola or nipple of the female breast. The opaque covering shall be made of material or fabric, but shall not 2 include an liquid substance including mud water, lotion whipping cream or other such substances that are easily broken down or Y q g PP g Y J y removed and do not offer the covering intended for an "opaque covering." c L. "Operator" shall mean the owner, significant stockholder or significant owner of interest, custodian, licensee, manager, or person in charge of any licensed adult entertainment facility. m M. "Licensed establishment" shall mean any establishment that requires a license and that is classified as an adult entertainment d facility. N. "Licensee" shall mean a person in whose name a license to operate an adult entertainment facility has been issued, as well as the 0 individual listed as an applicant on the application for a license. 5 O. "Person" shall mean and include any individual, firm, joint venture, partnership, association, social club, fraternal organization, d corporation, estate, trust, business trust, receiver or any other group or combination acting as a unit. 0 U P. "Semi-nude" shall mean a state of undress in which clothing completely and opaquely covers only the genitals, pubic region, and E areola and nipple of the female breast, as well as portions of the body covered by supporting straps or devices. Q. "Specified anatomical areas" shall mean and include any of the following: -a c 0 1. Less than completely and opaquely covered human genitals, pubic region, anus, or areola of the female breasts or any artificial E depiction of the same; or w 2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered. d E R. "Specified criminal activities" shall mean and include any conviction for acts which constitute sexual crimes against children, U sexual abuse, rape, distribution of obscenity or erotic material to minors, prostitution, pandering, or racketeering. Q S. "Specified sexual activity" shall mean and include any of the following: 1. The fondling or other intentional touching of human genitals, pubic region, buttocks, anus, or female breasts; or 2. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy; or 3. Masturbation, actual or simulated; or 4. Human genitals or artificial depictions of the same in a state of sexual stimulation, arousal or tumescence; or 5. Excretory functions as part of or in connection with any of the activities set forth in subdivisions 1 through 4 of this subsection. Packet Pg. 180 2.1.b T. "Transfer of ownership or control" shall mean and include any of the following: 1. The sale, lease, or sublease of an adult entertainment facility, or substantially all of the assets of an adult entertainment facility; or 2. The transfer of securities which constitute a controlling interest in the adult entertainment facility, whether by sale, exchange, or similar means; or 3. The establishment of a trust, gift, or other similar legal device which transfers the ownership or control of the adult entertainment facility, except for transfer by bequest or other operation of law upon the death of a person possessing the ownership or control. [Ord. 3097 § 4, 1996]. c 4.52.040 Prohibition. =a A person shall not use any property or establishment for an adult entertainment facility within the city of Edmonds, except as allowed O in this chapter and the Edmonds Community Development Code. [Ord. 3097 § 4, 1996]. 4.52.050 Regulated uses. All adult entertainment facilities are subject to the provisions of the Community Development Code and the regulations contained in this chapter. [Ord. 3097 § 4, 1996]. -a) o V 4.52.060 License required. A. It shall be unlawful to operate an adult entertainment facility without a valid adult entertainment facility license, issued by the city d for the particular type of adult entertainment to be conducted. The license or licenses required under this chapter are in addition to a J business license that may be required under Chapter 4.72 ECC. m B. The city clerk, or his/her designee, is responsible for granting, denying, revoking, renewing, suspending, and canceling adult E entertainment facility licenses. The director of the department of planning or his/her designee is responsible for ascertaining whether a m license application for a proposed adult entertainment facility complies with all requirements enumerated herein and all other -- applicable zoning laws and/or regulations. d C. An application for an adult entertainment facility license shall be made on a form provided by the city. H c D. The completed application shall contain the following information and shall be accompanied by the following documents: c A 1. If the applicant is an individual/sole proprietor, then the individual/owner shall state his/her legal name and any aliases, stage names, or previous names, date of birth, Social Security number and submit satisfactory proof that he/she is 18 years of age or older. 2. If the applicant is a partnership, then the partnership shall state its complete name, and the legal names of all partners, including their dates of birth, Social Security numbers, and whether the partnership is general or limited, and a copy of the partnership agreement, if any. 3. If the applicant is a corporation, including a limited liability organization, then the corporation shall state its complete name, the date of its incorporation, evidence that the corporation is in good standing under the laws of the state of Washington, the legal names, dates of birth, Social Security numbers of all directors, or principal stockholders, and the capacity of all officers, directors and principal stockholders; the name of the registered corporate agent, and the address of the registered office for service of process. 4. Each officer, director, or principal stockholder shall provide the city clerk/treasurer with an affidavit attesting to his/her identity and relationship to the corporation. A principal stockholder shall mean those persons who own 10 percent or greater interest in the adult entertainment facility. 5. If the applicant or any other individual listed pursuant to subsection (13)(1), (2) or (3) has been convicted of a crime within a four-year period immediately preceding the date of the application, then the applicant must state the specific criminal act involved, the date of conviction and the place of conviction. 6. If the applicant or any other individual listed pursuant to this section has, within the last four years, had a previous permit or license under this chapter or other similar ordinances from another city or county denied, suspended, or revoked, then the applicant must state the name and location of the adult entertainment facility for which the permit or license was denied, suspended, or revoked, the entity denying the same, as well as the date of the denial, suspension, or revocation. Packet Pg. 181 2.1.b 7. If the applicant or any other entity listed pursuant to this section holds any other licenses under this chapter or any other permits or licenses from other jurisdictions, including a sexually oriented business license from another city or county, then the applicant must state the names and locations of such other permitted or licensed businesses. 8. The single classification of license for which the applicant is filing. 9. The location of the proposed adult entertainment facility, including a legal description of the property, street address, and telephone number(s), if any. 10. The applicant's mailing address and residential address. 11. Two two-inch by two-inch color photographs of the applicant, including any corporate applicants, taken within six months of the date of the application, showing only the full face of the same. The photographs shall be provided at the applicant's expense. The license, when issued, shall have affixed to it one such photograph of the applicant. 12. The applicant and/or each corporate applicant's driver's license number, Social Security number, and his/her state or federally issued tax identification number, if any. 13. Each application shall be accompanied by a complete set of fingerprints of each person required to be a party to the application, including all corporate applicants as defined above, utilizing fingerprint forms as prescribed by the chief of police or his/her designee. 14. A sketch or diagram showing the configuration of the adult entertainment facility, including a statement of total floor space occupied by the establishment. The sketch or diagram must be professionally prepared and accepted by the city, and it must be drawn to a designated scale or drawn with marked dimensions of the interior of the adult entertainment facility to an accuracy of plus or minus six inches. E. Applicants for a license under this chapter shall have a continuing duty to promptly supplement application information required in the event that said information changes in any way from what is stated on the application. The failure to comply with said continuing duty within 30 days from the date of such change by supplementing the application on file with the city clerk or his/her designee shall be grounds for suspension of a license. F. In the event the city clerk or his/her designee determines or learns at any time that the applicant has improperly completed the application for a proposed adult entertainment facility license, he/she shall promptly notify the applicant of such fact and allow the applicant 10 days to properly complete the application. (The time period for granting or denying a license shall be stayed during the period in which the applicant is allowed an opportunity to properly complete the application). G. The applicant must be qualified according to the provisions of this section, and the adult entertainment facility must be inspected and found to be in compliance with health, fire, and building codes of the city. H. The applicant shall pay a preliminary nonrefundable processing fee established by resolution at the time of filing an application under this section. Note: This is a processing fee. License fees shall also be required in the event the application is approved. I. The fact that a person possesses other types of state or city permits and/or licenses does not exempt him/her from the requirement of obtaining an adult entertainment facility license. J. The application form for licenses issued under this chapter shall contain a provision providing that under penalty of perjury the applicant verifies that the information contained therein is true to the best of his/her knowledge. [Ord. 3097 § 4, 1996]. 4.52.070 Investigation and application. A. Upon receipt of an application properly filed with the city clerk, and upon payment of the nonrefundable processing fee, the city clerk or his/her designee shall immediately stamp the application as received and shall immediately thereafter send photocopies of the application to other city departments or other agencies responsible for enforcement of health, fire, criminal and building codes and laws. Each department or agency shall promptly conduct an investigation of the application and the proposed adult entertainment facility. Said investigation shall be completed within 20 days of receipt of the application by the city clerk or his/her designee, unless circumstances support extending the investigation. If the investigation is extended, the city shall inform the applicant of the extension and the reason. The extension shall be for no longer than 10 additional days from the original expiration of the 20-day time period stated above. At the conclusion of its investigation, each department or agency shall indicate on the photocopy of the application its recommendation as to approval or disapproval of the application, date it, sign it, and in the event it recommends disapproval, state the specific reasons therefor, citing applicable laws or regulations. d C M C L 0 m c� 0. m 0 t� d N C N V J m C .y 7 m Packet Pg. 182 2.1.b B. A department or agency shall recommend disapproval of an application if it finds that the proposed adult entertainment facility will be in violation of any provision of any statute, code, ordinance, regulation, or other law in effect in the city, or if the applicant does not meet the conditions as specified in this chapter. After its indication of approval or disapproval, each department or agency shall immediately return the photocopy of the application to the city clerk or his/her designee. C. In addition to the license fees set forth in this chapter, an applicant shall pay a charge equal to the actual cost of fire inspection in accordance with the provisions of ECDC 19.75.065. [Ord. 3452 § 5, 2003; Ord. 3097 § 4, 1996]. 4.52.080 Issuance of license. A. The city clerk or his/her designee shall grant or deny an application for a license within 60 days from the date of its proper filing unless the city or applicant establishes a good reason for up to a 10-day extension as provided above. c B. Grant of Application for License. O 1. The city clerk or his/her designee shall grant the application unless one or more of the criteria set forth in subsection C of this section (Denial of Application for License) is present. Q. 2. The license, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, and the address of the adult entertainment facility. The license shall be posted in a conspicuous place, at or near the entrance to the -a) 0 adult entertainment facility so that it can be easily read at any time. The license shall be valid until the end of the year. V d N C. Denial of Application for License. The city clerk or his/her designee shall deny the application for any of the following reasons: 1. An applicant is under 18 years of age or will be employing a person under 18 years of age. J y U) am 2. An applicant is overdue on his/her payment to the city of taxes, fees, fines, assessments, or penalties assessed or imposed against him/her in relation to an adult entertainment facility. m 3. An applicant has failed to provide information required by this section or the application for the issuance of the license, or has falsely answered a question or request for information on the application form. 4. The applicant has failed to comply with any provision or requirement of this chapter. H 0 5. The applicant has failed to comply with any city codes or zoning regulations, or other state or federal regulations or court order ,N applicable to an adult entertainment facility. 6. The applicant has been convicted of a felony within the last 10 years involving an adult entertainment facility including, but not limited to, prostitution, promoting prostitution, and/or possession of controlled substances as that term is defined in Chapter 0 69.50 RCW. [Ord. 3097 § 4, 1996]. E 4.52.090 License fees for adult entertainment facilities. A. The annual fee for an adult entertainment facility license shall be established by resolution. The amount shall be used for the cost of administration and enforcement of this chapter. 0 B. Each license shall expire annually on December 31 st of each year and must be renewed by January 1 st of each year. A license shall w not be prorated. c d C. The applicant must be 18 years of age or older. [Ord. 3097 § 4, 1996]. 4.52.100 Licenses for managers and entertainers. A. No person shall work as a manager or entertainer at any adult entertainment facility without having first obtained the appropriate entertainer's or manager's license from the city clerk. Each such applicant shall not be required to obtain an adult entertainment facility license, but shall complete an application containing the information identified in ECC 4.52.060(D) and comply with the same requirements and procedures as set forth in ECC 4.52.060 through 4.52.080. A nonrefundable processing fee established by resolution shall accompany the application. B. It is unlawful for any entertainer, employee or operator to knowingly work in or about or knowingly perform any service directly related to the operation of an unlicensed adult entertainment facility. C. The annual fee for such a license shall be established by resolution. The amount shall be used for the cost of administration and enforcement of this chapter. Packet Pg. 183 2.1.b D. This license expires annually on December 31 st of each year and must be renewed by January 1 st of each year. This license shall not be prorated. E. The applicant must be 18 years of age or older. [Ord. 3097 § 4, 1996]. 4.52.110 Due date for license fees. All licenses required by this chapter must be issued and the applicable fees paid to the city clerk at least 14 calendar days before commencing work at an adult entertainment facility, and on an annual basis as described above. [Ord. 3097 § 4, 1996]. 4.52.120 Manager on premises. d A. A licensed manager shall be on duty at an adult entertainment facility during all business hours. C c B. The licensed manager on duty shall not be an entertainer. O C. It shall be the responsibility of the manager to verify that any entertainer who works or appears within the adult entertainment facility possesses a current and valid entertainer's license posted in the manner required by this chapter. 0. D. The manager shall not knowingly allow a violation of this chapter to continue or exist at the facility. 0 E. There shall be one manager on duty for every stage operating within the adult entertainment facility. [Ord. 3097 § 4, 1996]. 0 d N 4.52.130 License nontransferable. C d No license issued pursuant to this chapter shall be transferable. A new adult entertainment facility license shall be required if there is a m2 transfer of ownership or control of the adult entertainment facility. [Ord. 3097 § 4, 1996]. J U) 4.52.140 License — Posting and display. U) m A. Every manager or entertainer shall post his/her license in his/her work area so that it is readily available for public inspection. m B. Every person licensed under this chapter shall display his/her/its license in a prominent place within the establishment. In the case of adult cabarets, the name of the manager on duty shall be prominently posted during business hours. [Ord. 3097 § 4, 1996]. d 4.52.150 Specifications — Adult cabarets. A. Separation of Adult Entertainment Performance Area. Live nude adult entertainment shall not be performed or conducted in an adult cabaret or other adult entertainment facility except upon a stage or platform at least 24 inches in elevation above the level of the patron seating areas, and shall be separated by a distance of at least six feet from all areas of the adult entertainment facility to which patrons have access. A continuous fixed barrier railing, of sufficient construction to prevent encroachment by patrons into the performance area, at least three feet in height and located at least six feet from all points of the live adult entertainment performance area, shall separate the performance area and the patron areas. B. Lighting. Sufficient lighting shall be provided and equally distributed in and about the parts of the adult entertainment facility which are open to and used by patrons so that all objects are plainly visible at all times, and so that on any part of the adult entertainment facility which is open to and used by patrons, a program, menu, or list printed in 8 point type will be readable from two feet away by a human eye with 20/20 vision. C. Submittal of Plans. Building plans and lighting calculations showing conformance with the requirements of this section shall be included with any license application for an adult cabaret. Building plans must be in compliance with all building, planning and other applicable state, local and federal regulations. [Ord. 3097 § 4, 1996]. 4.52.160 Standards of conduct and operation applicable to adult entertainment facilities. A. Standards for Patrons, Employees and Entertainers. The following standards of conduct must be adhered to by all patrons, entertainers and employees of adult entertainment facilities at all times live adult entertainment is provided. 1. No employee or entertainer may appear nude, nor shall any male employee or entertainer appear with his genitals in a discernibly turgid state, even if completely or opaquely covered, or wear or use any device or covering which simulates the same, in any part of the adult entertainment facility open to public view, except on the stage described in ECC 4.52.150(A). 2. No patron or customer shall be permitted on the stage described in ECC 4.52.150(A). 3. No employee or entertainer shall allow, encourage, or knowingly permit any person within the adult entertainment facility to touch, caress, or fondle the breasts, buttocks, anus, pubic area, or genitals of themselves or another, whether or not the person(s) are clothed. Packet Pg. 184 2.1.b 4. No employee or entertainer shall allow, encourage, or permit physical contact between an employee or entertainer and any member of the public, whether or not the person(s) are clothed. 5. No employee or entertainer shall perform acts of or acts which simulate: a. Sexual intercourse, masturbation, bestiality, sodomy, oral copulation, flagellation, or any sexual acts the performance of which are prohibited by law; or b. The touching, caressing, or fondling of the breasts, buttocks, pubic area, or genitals. 6. No employee or entertainer shall use artificial devices or inanimate objects to depict any of the prohibited activities described d in this subsection. ca� 7. No entertainer shall be visible from any public place outside the adult entertainment facility during the actual or apparent hours 0` of his/her employment or performance within the adult entertainment facility. c� 8. It is unlawful for any manager, entertainer, or wait person to perform more than one such function at an adult cabaret on the same business day. 0 9. No employee or entertainer shall sit on a patron's lap or separate a patron's legs. t� d N 10. During business hours an entertainer shall not be present in areas of the establishment that are open to the patrons of the d establishment except when that entertainer is in the act of performing adult entertainment. Entertainers shall use separate restroom facilities. J N 11. At least two signs, printed in English, of sufficient size to be readable from 20 feet away by a human eye with 20/20 vision shall be conspicuously displayed in the public area of the establishment stating the following: m THIS ADULT CABARET IS REGULATED BY THE CITY OF EDMONDS. ENTERTAINERS ARE: (a) Not permitted to engage in any type of sexual conduct; (b) Not permitted to appear nude except on stage; (c) Not permitted to dance or perform off-stage within four feet of any patron or customer; (d) Not permitted to accept tips or gratuities in advance of their performance. 12. No employee or entertainer shall conduct any dance, performance or exhibition in or about the nonstage area of the adult entertainment facility unless that dance, performance or exhibition is performed at a torso -to -torso distance of no less than four feet from the patron or patrons for whom that dance, performance or exhibition is performed. 13. No tip or gratuity offered to or accepted by an adult entertainer may be offered or accepted prior to any performance, dance or exhibition provided by the entertainer. No entertainer performing upon any stage area shall be permitted to accept any form of gratuity offered directly to the entertainer by any patron. Any gratuity offered to any entertainer performing upon any stage area must be placed into a receptacle provided for receipt of gratuities by the adult entertainment facility or provided through a manager on duty at the adult entertainment facility. Any gratuity or tip offered to any adult entertainer conducting any performance, dance or exhibition in or about the nonstage area of the adult entertainment facility shall be placed in to the hand of the adult entertainer or into a receptacle provided by the adult entertainer, and not upon the person or into the clothing of the adult entertainer. 14. There must be at least one manager, not an entertainer, on duty and situated in a public area of the adult entertainment facility at all times that any patron, member or customer is present inside the adult entertainment facility. 15. Doors to areas of the adult entertainment facility which are available for use by persons other than the owner, manager, operator or their agents or employees may not be locked during business hours. 16. No person may operate or maintain any warning system or device, of any nature or kind, for the purpose of warning or aiding and abetting the warning of any patron, employee or other persons that police officers, health inspectors, fire inspectors, building inspectors, or other public officials are approaching or entering the adult entertainment facility. Packet Pg. 185 2.1.b B. Standards for Owner or Operator of Adult Entertainment Facilities. At any adult entertainment facility where live performances are provided: 1. No person under 18 years of age shall be permitted in an adult entertainment facility pursuant to RCW 9.10A.150. The identification of all patrons shall be checked by the employees of the adult entertainment facility before any patron is allowed to enter the adult entertainment facility. 2. Sufficient lighting shall be provided in or about the parts of the adult entertainment facility which are open to patrons so that all objects are plainly visible at all times, and so that in any part of the adult entertainment facility which is open to patrons, a program, menu, or list printed in 8 point type shall be readable from two feet away by a human eye with 20/20 vision. [Ord. 3097 § 4, 1996]. c 4.52.170 Regulations applicable to adult arcades. All adult entertainment facilities allowing a customer or patron to view depictions of human nudity and/or sexual conduct of any 0 nature, including depictions of specified sexual activities, shall comply with the following regulations: A. Construction/Maintenance. Q' 1. All viewing areas within the adult arcade shall be visible from a manager's station and shall not be obscured by any curtain, m c door, wall or other enclosure. As used in this section "viewing area" means the area where a patron or customer would be V positioned while watching a film, video or other photographic reproduction. d 2. All areas shall be maintained in a clean and sanitary condition at all times with sufficient lighting so that all objects are plainly J visible at all times and any program, menu, or list printed in 8-point type shall be readable from two feet away by a human eye w with 20/20 vision. aa) c 3. Restrooms may not contain video reproduction equipment. m 4. No steps or risers shall be placed or maintained in any adult arcade booth or station. d 5. No adult arcade station or booth shall have more than one stool type seat. In order to prevent obscuring the occupant of an adult arcade station or booth from view, no stool for seating within an adult arcade station or booth shall have any seat back or sides. .o 6. All ventilation devices between the adult arcade booths must be covered by a permanently affixed ventilation cover. Ventilation holes may only be located one foot from the top of the booth walls or one foot from the bottom of the booth walls. There may not be any other holes or openings in the walls between the booths. 7. Only one person may occupy a booth or station at any given time. 8. No person may operate or maintain any warning system or device, of any nature or kind, for the purpose of warning or aiding and abetting the warning of any patron, employee or other persons that police officers, health inspectors, fire inspectors, building inspectors, or other public officials are approaching or entering the adult arcade. 9. The licensee shall not permit any doors to public areas of the adult arcade to be locked during business hours in violation of the applicable provisions of the Edmonds Building Code, Uniform Fire Code, and National Fire Protection Association Code. 10. No person under 18 years of age shall be permitted in an adult arcade pursuant to RCW 9.10A.150. The identification of all patrons shall be checked by the employees of the adult arcade before any patron is allowed to enter the adult entertainment facility. B. Unlawful Conduct: The following conduct or activity is unlawful: 1. Masturbation or sexual activity of any kind in viewing booths or stations. 2. More than one person in a viewing booth at any given time. 3. Physical contact between patrons and employees or physical contact between patrons and entertainers. 4. For the owner or manager to knowingly allow any of the disallowed conduct. 5. Noncompliance with any other regulations set forth in this chapter. Packet Pg. 186 2.1.b C. Signs. At least two signs shall be conspicuously and permanently posted in the adult arcade in readable English type from 10 feet away, advising customers using viewing booths that: 1. Masturbation in the viewing booths is prohibited and unlawful. 2. It is unlawful for more than one person to occupy a viewing booth at any time. 3. There shall be no sexual contact between patrons and employees. 4. Violators are subject to criminal prosecution. [Ord. 3097 § 4, 1996]. d c 4.52.180 Regulations applicable to video stores not qualifying as adult entertainment facilities. c A video store that sells or otherwise distributes films, motion pictures, video cassettes, slides, or other visual representations which are characterized by the depiction or description of specified sexual activities or specified anatomical areas (hereinafter referred to as 0 "erotic videos") shall be subject to this section if the percentage of the inventory or revenues associated with the sale or distribution of erotic videos equals or exceeds 25 percent of the gross inventory or revenues of the video store. 0. A. A video store that is subject to this section must comply with the following requirements: 0 1. All erotic videos shall be physically segregated from other portions of the store such that these erotic videos are not visible 0 from other portions of the store. y c d 2. No advertising for erotic videos shall be posted or otherwise visible, except where such erotic videos are authorized by law for display. J U) 3. A sign, printed in English, and readable at a distance of 20 feet by a person with 20/20 vision, shall be posted at each entrance U) c to the area where adult -oriented videos are displayed stating that persons under the age of 18 are not allowed access to the area W where the erotic videos are displayed. m 4. The manager or attendant shall take reasonable steps to monitor the area where the erotic videos are displayed to ensure that d persons under 18 years of age do not access the age -restricted area. 5. Rental or sale of obscene material (as defined herein) shall be considered a moral nuisance, and subject to abatement pursuant 0 to this chapter and RCW 7.48.058. N 6. Employees shall check the identification of all persons renting or purchasing erotic videos to ensure that persons under the age d of 18 do not rent or purchase erotic videos. 0 U 7. The video store shall not employ anyone under 18 years of age. [Ord. 3097 § 4, 1996]. 7m 4.52.190 Exemptions. This chapter shall not be construed to apply to: A. Expressive dance as defined in ECC 4.52.030; B. Plays, operas, musicals or other dramatic works; C. Classes, seminars, or lectures, conducted for a scientific or educational purpose; D. Nudity within a locker room or other similar facility used for changing clothing in connection with athletic or exercise activities. [Ord. 3097 § 4, 1996]. 4.52.200 License — Name of business or place of business. No person granted a license pursuant to this chapter shall operate an adult entertainment facility under a name not specified in his/her license, nor shall he/she conduct business under any designation or at a location not specified in his/her license. [Ord. 3097 § 4, 1996]. 4.52.210 Inspections. A. All books and records required to be kept pursuant to this chapter shall be open to inspection by the chief of police or designee of the city of Edmonds during the hours when the licensed establishment is open for business. The purpose of such inspection shall be to determine if the books and records meet the requirements of this chapter. Packet Pg. 187 2.1.b B. The licensed establishment shall be open to inspection by the city's chief of police, fire or health officials, or their designees during the hours when the adult entertainment facility is open for business. The purpose of such inspection shall be to determine if the licensed establishment is operated in accordance with the requirements of this chapter. It is hereby expressly declared that unannounced inspections are necessary to ensure compliance with this chapter. [Ord. 3097 § 4, 1996]. 4.52.220 Hours of operation. It is unlawful for any adult entertainment facility, except adult motels, to be conducted, operated, or otherwise open to the public between the hours of 12:00 midnight and 8:00 a.m. [Ord. 3097 § 4, 1996]. 4.52.230 Alcohol prohibited. Alcoholic beverages shall not be served or present at any adult entertainment facility. [Ord. 3097 § 4, 1996]. c 4.52.240 Barkers prohibited. The use of "barkers", as defined herein, by any adult entertainment facility shall be prohibited. [Ord. 3097 § 4, 1996]. O m 4.52.250 Record keeping requirements. Q. A. Within 30 days following each calendar quarter, each adult entertainment facility licensee shall file with the city clerk a verified report showing the licensee's gross receipts and amounts paid to entertainers, models, or escorts, if applicable, for the preceding calendar year. V B. Each adult entertainment facility licensee shall maintain and retain for a period of two years from the date of termination of employment, the names, addresses, Social Security numbers and ages of all persons employed or otherwise retained as entertainers, 4) models, and escorts by the licensee. [Ord. 3097 § 4, 1996]. 4.52.260 Denial, suspension or revocation of license, and appeal procedures. U) c A. When the city clerk refuses to grant a license, or revokes the same, he/she shall notify the applicant in writing of the same, y describing the reasons therefor, and shall inform the applicant of his right to appeal to the city council within 10 days of the date of the m written notice by filing a written notice of appeal with the city clerk containing a statement of the specific reasons for the appeal and a statement of the relief requested. d B. Whenever the city clerk has found or determined that any violation of this chapter has occurred, he/she shall issue a notice of violation and suspension or revocation ("notice") to the licensee. In addition, the city clerk shall issue a notice of suspension or c revocation to the licensee under the following circumstances: g .N 1. Where such license was obtained by fraud or false representation of fact; 2. For the violation of, or failure to comply with, the provisions of this chapter or any other similar local or state law by the m c licensee or by any of its agents, employees or representatives, when the licensee knew or should have known of the violations V committed by its agents, employees or representatives; 3. For the conviction of the licensee of any crime or offense committed at the adult entertainment facility involving prostitution, promoting prostitution or transactions involving controlled substances (as that term is defined in Chapter 69.50 RCW), or the -a c conviction of the licensee's employees, agents or representatives of any crime or offense committed at the adult entertainment E facility involving prostitution, or transactions involving controlled substances (as that term is defined in Chapter 69.50 RCW). W C. The notice shall include the following: d E 1. Name(s) of person(s) involved. z U M 2. Description of the violation(s), including date and section of this chapter violated. Q 3. Description of the administrative action taken. 4. Rights of appeal as set forth above. D. The notice shall be served either personally or by mailing a copy of the notice by certified mail, postage prepaid, return receipt requested, to the licensee at his or her last known address. Proof of service shall be made at the time of service by a written declaration under penalty of perjury, executed by the person effecting the service, declaring the time, date, and the manner by which service was made. The decision may be appealed to the city council if request for appeal is properly filed with the city clerk within 10 calendar days of receipt of the notice. Said request shall be in writing, state specific reasons for the appeal, and the relief requested. Packet Pg. 188 E. The suspension or revocation of a license shall be effective at the end of the expiration of any appeal period, unless there is a written request for an appeal properly filed by the licensee. If there is an appeal so requested, then the revocation or suspension shall be stayed pending the outcome of the appeal. This effective date of suspension shall not apply to any fire code violation or building code violation deemed by the appropriate officials to be a serious risk to health and welfare. F. Within 10 working days of receiving a timely appeal, the city clerk shall forward the administrative record of the licensing decision to the city council. G. When an applicant has appealed the city clerk decision according to the stipulations herein, the city council shall review the administrative record as soon as possible, but no later than 30 working days after the city receives the appeal. Written notice of the date, time, and place of the scheduled meeting will be given to the applicant by the city clerk by mailing the same, postage prepaid, to C the applicant at the address shown on the license application, at least five days prior to the meeting. L H. If the licensee appeals the notice to the city council, the licensee shall be afforded a reasonable opportunity to be heard as to the O violation and action taken. The licensee and city clerk or his representative shall be given an opportunity to argue the merits of the appeal before the city council. Oral argument by each party shall not exceed 10 minutes and shall be limited to the administrative Q. record before the council. I. The city council shall uphold the city clerk's decision unless it finds the decision is not supported by evidence in the administrative m 0 record. d J. The city council shall issue a written decision within 10 working days of hearing the appeal. The council may uphold the city clerk's a) decision and deny the license, overrule the city clerk's decision and issue the license, or remand the matter to the city clerk for further m0 review and action. The city clerk shall complete further action or review within 30 working days of receiving any remand. N K. A decision by the city council shall constitute final administrative review. The applicant or licensee shall be responsible for the cost m y of any preparation of the record for appeal. m L. Either party may seek judicial review of a final decision of the city council as provided by law. [Ord. 3097 § 4, 1996]. d 4.52.270 Suspension or revocation of license — Duration. H A. The city shall suspend any license as required by this chapter for a period of 90 days upon the licensee's first violation of this c chapter. g A B. The city shall suspend any license required by this chapter for a period of 180 days upon the licensee's second violation of this chapter. 0 C. The city shall revoke any license required by this chapter for a period of two years upon the licensee's third, or any subsequent, U violation of this chapter. D. Notwithstanding the other provisions of this chapter, the city shall revoke or deny the renewal of any license required by this y chapter for two years if the licensee has made any false or misleading statements or misrepresentations to the city. c E. Application for a new license may be made following the expiration of the applicable revocation period. [Ord. 3097 § 4, 19961. 0 Packet Pg. 189 2.1.b Chapter 4.56 SOUND TRUCKS Sections: 4.56.010 License required — Fee — Hours of operation. 4.56.020 Penalty for violations. 4.56.010 License required — Fee — Hours of operation. It is unlawful for any person, firm, corporation, organization or institution to operate a sound truck or mobile public address system over, upon, across and adjacent to the streets and alleys within the corporate limits of the city of Edmonds, until or unless a license to operate the same shall be obtained by paying to the city clerk the sum of $25.00 for each and every day the sound truck or mobile public address system is to be operated in the city of Edmonds; provided, that under no condition shall the sound truck or mobile public address system be operated other than between the hours of 8:00 a.m. and 8:00 p.m.; provided, further, that the mayor in his discretion may waive the license fee for certain public, charitable or school organizations, but the hours during which the sound truck or mobile public address system may be operated will remain the same. The license required under this chapter is in addition to a business license that may be required under Chapter 4.72 ECC. [Ord. 825 § 1, 1960]. 4.56.020 Penalty for violations. Any person, firm, corporation, organization or institution found guilty of violating any of the terms or provisions of this chapter shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed $250.00, or imprisonment in the city jail for a period not to exceed 90 days, or by both such fine and imprisonment. [Ord. 825 § 2, 1960]. Packet Pg. 190 2.1.b Chapter 4.60 TAXICABS Sections: 4.60.010 Definitions. 4.60.020 Operator's license — Required. 4.60.030 Operator's license — Application. 4.60.040 Operator's license — Information required. 4.60.050 Operator's license — Investigation. 4.60.060 Operator's license — Council approval. 4.60.070 Operator's license — Issuance. 4.60.080 License — Current list of other drivers required. 4.60.090 Fees — Waiver — Expiration date. 4.60.100 Operator's license — Insurance requirements. 4.60.110 Prohibited activities. 4.60.120 Operator's license — Revocation, suspension or denial. 4.60.130 Council decisions — Appeal. 4.60.140 Violation — Penalty. 4.60.300 Severability. 4.60.010 Definitions. A. "Charter party carrier of passengers" means every person engaged in the transportation of a group of persons, who, pursuant to a common purpose and under a single contract, have acquired the use of a motor bus to travel together as a group to a specified destination or for a particular itinerary, either agreed upon in advance or modified by the chartered group after having left the place of origin. This definition does not include motor vehicles operated wholly within the limits of incorporated cities, taxicabs, hotel buses or school buses when operated as such, passenger vehicles carrying passengers on a noncommercial enterprise basis, charter boats operated on waters within or bordering this state, or limousine charter party carriers of passengers as defined in this chapter. B. "Chauffeur" means any person with a valid Washington state driver's license authorized by the Washington Utilities and Transportation Commission to drive a limousine. C. "Driver" means a person actually engaged in driving a taxicab within the city of Edmonds. D. "Limousine charter party carrier of passengers" means every person engaged in the transportation of a person or group of persons, who, under a single contract, acquires the use of a limousine to travel to a specified destination or for a particular itinerary, either agreed upon in advance or modified by the person or group of persons after having left the place of origin. This definition does not include taxicabs when operated as such, private passenger vehicles carrying passengers on a noncommercial enterprise basis or charter party carriers of passengers as regulated under Chapter 81.70 RCW. E. "Operate as a taxicab" means to conduct the operations of any taxicab from any taxi stand or any telephone within the city of Edmonds, or the solicitation of fares within the city of Edmonds. F. "Person" means any individual, corporation, association or any other legal entity. G. "Taxicab" means a motor vehicle engaged in the business of carrying passengers for hire within the city of Edmonds including, but not limited to cabulances, sight-seeing cars and wheelchair taxies. As used in this chapter, taxicabs shall not be construed to include ambulances as that term is defined in Chapter 4.08 ECC, limousine charter party carrier of passengers or charter party carrier of passengers as those terms are defined in this chapter. [Ord. 2757 § 1, 1990; Ord. 1955 § 1, 1977; Ord. 1622 § 1, 1972; Ord. 657 § 1, 1954]. 4.60.020 Operator's license — Required. No person shall operate or permit a motor vehicle owned or controlled by him to be operated as a taxicab unless he has first obtained an operator's license. The license or licenses required under this chapter are in addition to a business license that may be required under Chapter 4.72 ECC. [Ord. 1955 § 2, 1977; Ord. 657 § 2, 1954]. Packet Pg. 191 2.1.b 4.60.030 Operator's license — Application. The application for an operator's license shall be made on forms furnished by the city clerk. The completed application shall be signed and sworn to by the applicant before a notary public or some other officer duly authorized to administer oaths. At the time of making application for an operator's license, the applicant shall pay the fee as set forth in ECC 4.60.090. [Ord. 1955 § 3, 1977; Ord. 657 § 3, 1954]. 4.60.040 Operator's license — Information required. A. The applicant's name, driver's license number, date of birth and place of birth; B. The applicant's place of residence and the length of time he has resided in the city, if applicable; C. The applicant's last place of employment with the name and address and telephone number of the employer; c c L D. Whether the applicant or any of his employees are presently or have been previously licensed, or have previously applied for a O license, as a taxicab driver or operator; and, if so, where, when and whether or not a license has ever been suspended, revoked or denied and by what jurisdiction and for what cause; Q. E. Whether or not the applicant or any of his employees have ever been convicted of or forfeited bail for a crime, including all traffic offenses for the preceding five years, and, if so, the number of such convictions, approximate dates thereof, and the name of the -a) 0 courts, the crime of which charged, and the final disposition of the case or cases; V d N F. The number of vehicles to be operated or controlled by the applicant and the name, model, year, vehicle identification number, and a) vehicle license number of each vehicle; J G. A list of the names, driver's license numbers, date of birth and addresses of all employees; U) m c H. The applicant's financial status including any and all unpaid judgments and the nature of the transaction or acts giving rise to said M judgments; m I. The name under which the applicant intends to operate; d J. Proof of insurance as required by ECC 4.60.100; H c 0 K. Such other and further information as may be required by the police department. [Ord. 1955 § 4, 1977; Ord. 657 § 4, 1954]. N 4.60.050 Operator's license — Investigation. d Upon completion of the application and payment of the fee, the city clerk shall forward copies of the application to the police department. The police department shall investigate to see whether all information contained in the application is true and correct and �j shall verify that all vehicles to be operated as taxicabs are properly licensed. The police department shall forward its report and recommendations to the city council after its investigation is completed. [Ord. 1955 § 5, 1977; Ord. 657 § 5, 1954]. 4.60.060 Operator's license — Council approval. A. The city council shall approve or disapprove all applications for operator's licenses. 0 B. Before approving an operator's license, the city council shall determine the following: w 1. That the applicant is financially sound and has fulfilled the insurance requirements of ECC 4.60.100; 2. That all the requirements of this chapter have been met; t 3. That the needs of the public would be served by granting the applicant the operator's license; Q 4. The number of motor vehicles authorized to be used as taxicabs; 5. Whether any restrictions should be placed on the license, including restrictions on hours of operation. [Ord. 1955 § 6, 1977; Ord. 1622 § 2, 1972; Ord. 802, 1960; Ord. 657 § 6, 1954]. 4.60.070 Operator's license — Issuance. A city clerk shall issue an operator's license for each motor vehicle authorized by the council to be operated as a taxicab. Each such license shall contain the description of the taxicab, its motor vehicle license number, its vehicle identification number and any restrictions imposed by the council. The licenses are restricted to the taxicab described thereon and are not transferable to any other Packet Pg. 192 motor vehicle. The license shall state that it is to be displayed at all times in the taxicab and presented upon request to a police officer. The city clerk shall keep on file a copy of all licenses currently issued. [Ord. 1955 § 7, 1977; Ord. 657 § 7, 1954]. 4.60.080 License — Current list of other drivers required. Every person holding an operator's license issued under authority of this chapter shall maintain on file at the Edmonds police department a current list of the names, addresses, dates of birth, and driver's license numbers of all persons authorized to act as drivers. [Ord. 1955 § 8, 1977; Ord. 657 § 8, 1954]. 4.60.090 Fees — Waiver — Expiration date. A. Applicants shall pay an initial investigation fee of $100.00 plus an operator's license fee of $30.00 per year for each taxicab to be operated in the city of Edmonds; provided, however, the fee for an operator's license applied for after June 30th of any year shall be $15.00 for each taxicab. Applicants shall also pay an initial investigation fee of $20.00 per driver and an annual license fee of $5.00 per driver. B. 1. The city council may waive the $100.00 initial investigation fee if the applicant possesses a current Edmonds business license and has in the past performed satisfactory taxicab services in the city. 2. The city council may waive all fees set forth in this section if the applicant has a current, valid taxicab license issued by the city of Lynnwood. 3. Waiver of the fees under the provisions of this section shall not affect the requirement to comply with all other provisions of this chapter. C. The license shall expire on December 3lst of the year in which it is issued. [Ord. 2069 § 1, 1979; Ord. 1961, 1977; Ord. 1955 § 9, 1977; Ord. 657 § 9, 1954]. 4.60.100 Operator's license — Insurance requirements. No license shall be issued under this chapter nor shall any motor vehicle regulated by this chapter be operated in the city unless there is at all times in full force and effect insurance coverage, issued by an insurance company licensed to do business in the state of Washington for each and every vehicle to be operated under the license, which provides for public liability insurance in the amounts of $100,000 for personal injuries to one person, or $300,000 for more than one person, arising out of each accident or occurrence, and property damage insurance in the amount of $25,000 for each accident or occurrence. Evidence of insurance policies for the full term of the license shall be submitted to the city clerk at the time of application for an operator's license. Such evidence shall be a certificate from the licensee's insurance company that the insurance exists and that it will not be cancelled without 30 days' written notice of cancellation previously given to the city clerk. [Ord. 1955 § 10, 1977]. 4.60.110 Prohibited activities. A. No person shall knowingly employ any driver who has been convicted of a felony if the felony directly relates to the position of a taxicab driver and the time elapsed since the conviction is less than 10 years. B. No driver shall leave his taxicab unattended or make repairs or wash his taxicab while in a taxicab stand. C. No person shall operate a motor vehicle as a taxicab unless he is authorized to do so by the holder of an operator's license issued pursuant to this chapter. D. No holder of an operator's license issued pursuant to this chapter shall knowingly permit any person to act as a driver unless such person appears on the list required by ECC 4.60.080. E. No holder of any operator's license issued pursuant to this chapter shall operate his taxicab business in violation of any restrictions on his license set by the city council. F. No driver shall fail to have the operator's license displayed at all times in the taxicab. The driver shall present the license to a police officer upon request. [Ord. 1955 § 11, 1977]. 4.60.120 Operator's license — Revocation, suspension or denial. The city council may suspend, revoke or deny any operator's license issued under this chapter for the licensee's failure or refusal to comply with any of the provisions of this chapter, or for knowingly making any false statement, misrepresentation or material omission from the license application. Before suspending, revoking or denying any such license, the city council shall set a date for hearing upon the matter, shall notify the licensee, in writing, of such date of the hearing, and shall provide the licensee a summary of the reasons why the license may be suspended, revoked or denied. Such notice shall be sent to the licensee at the address last appearing on his application and shall be mailed at least 10 days in advance of the hearing. At the conclusion of the hearing, the Packet Pg. 193 2.1.b license may be suspended, revoked or denied for such time and on such terms as shall be imposed by a majority of the members of the city council present and voting at such hearing. [Ord. 1955 § 12, 1977]. 4.60.130 Council decisions — Appeal. Appeal from any decision of the city council shall be made within 10 days of the council's decision by application to the Snohomish County Superior Court for a writ of review or certiorari. The official minutes as transcribed by the city clerk and approved by the city council shall be deemed the official transcript and record of said meeting for all purposes on appeal. The costs of transcription of all records ordered certified by the court for review shall be borne by the appellant. [Ord. 1955 § 13, 1977]. 4.60.140 Violation — Penalty. Any person violating or failing to comply with any of the provisions of this chapter shall, upon conviction thereof, be punished in the manner set forth in ECC 5.50.020. [Ord. 1955 § 14, 1977]. 4.60.300 Severability. If any section, subsection, clause, phrase or work of this chapter, or any provision adopted by reference herein, is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this chapter. [Ord. 1955 § 15, 1977]. Packet Pg. 194 2.1.b Chapter 4.68 COMMUNITY ANTENNA TELEVISION SYSTEMS Sections: 4.68.010 Definitions. 4.68.020 Terms of franchise. 4.68.030 Application. 4.68.040 Franchise issuance. 4.68.050 Acceptance. 4.68.060 Police power. 4.68.070 Rules and regulations by the city. 4.68.080 Construction standards. 4.68.090 Undergrounding and landscaping. 4.68.100 Construction in right-of-way. 4.68.110 Safety requirements. 4.68.120 Building moving. 4.68.130 Tree trimming. 4.68.140 Rates. 4.68.150 Cable availability. 4.68.160 Franchise fee. 4.68.170 Periodic meetings. 4.68.180 Cable system evaluation. 4.68.190 Record inspection. 4.68.200 Public, educational and governmental access. 4.68.210 City-wide public, educational and government access interconnection. 4.68.220 Institutional networks (I -nets). 4.68.230 City-wide institutional networks interconnection. 4.68.240 Access and institutional network equipment. 4.68.250 External franchising costs. 4.68.260 Nondiscrimination. 4.68.270 Continuity of service. 4.68.280 Transfer of ownership. 4.68.290 Removal and abandonment of property of franchisee. 4.68.300 Revocation for cause. 4.68.310 Effect of termination for non-compliance. 4.68.320 Indemnity and hold harmless. 4.68.330 Insurance. 4.68.340 Performance bond. 4.68.350 Recourse against bonds and other security. 4.68.360 Franchising costs. 4.68.370 Equalization of civic contributions. 4.68.3 80 Inconsistency. 4.68.390 Expedited review process — Competitive franchises. 4.68.400 CFAR application requisites. 4.68.410 CFAR application fee — Deposit required. 4.68.010 Definitions. 1. "Access channels" means channels set aside by a franchisee exclusively for noncommercial public, educational, or governmental use (commonly referred to as "PEG" channels). 2. The "Act" means the Cable Communications Policy Act of 1984 as amended by the Cable Television Consumer Protection and Competition Act of 1992 and any subsequent amendments. 3. "Addressability" means the ability of a system allowing a franchisee to authorize specific equipment to receive, change or to cancel any or all specified programming. 4. "Applicant" means any person or entity that applies for a cable television franchise. Packet Pg. 195 2.1.b 5. "Basic cable service" means the lowest level of service regularly provided to all subscribers that includes the retransmission of local broadcast signals. 6. "Cablecast" means the distribution of programming which originates within the facilities of the cable television system. 7. "Cable facilities" means equipment and wiring used to transmit audio and video signals to subscribers. 8. "Cable service" means: a. The one-way transmission to subscribers of video programming or other services; and b. Subscriber interaction, if any, which is required for the selection of such video programming or other service. 9. "Cable system" means a facility, consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide cable service and other service to subscribers. 10. "Channel" or "cable channel" means a portion of the electromagnetic frequency spectrum which is used in a cable system and which is capable of delivering a television signal as defined by the Federal Communications Commission. 11. "Character generator" means a device used to generate alphanumerical programming to be cablecast on a cable channel. 12. "City" means the city of Edmonds, a municipal corporation of the state of Washington. 13. "Council" means the city of Edmonds council acting in its official capacity. 14. "Data communication" means: a. The transmission of encoded information; or b. The transmission of data from one point to another. 15. "Dwelling units" means residential living facilities as distinguished from temporary lodging facilities such as hospitals, hotel and motel rooms and dormitories, and includes single-family residential units and individual apartments, condominium units, mobile homes, extended care facilities and other multiple -family residential units. 16. "Emergency" means a condition of imminent danger to the health, safety, and welfare of property or persons located within the city including, without limitation, damage to persons or property from natural consequences, such as storms, earthquakes, riots or wars. 17. "FCC" means the Federal Communications Commission, a regulatory agency of the United States government. 18. "Fiber optics" means the technology of guiding and projecting light for use as a communications medium. 19. "Franchise" means the initial authorization, or renewal thereof, issued by the franchising authority, whether such authorization is designated as a franchise, permit, ordinance, resolution, contract, certificate or otherwise, which authorizes construction and operation of the cable system for the purpose of offering cable service or other service to subscribers. 20. "Franchisee" means the person, firm or corporation to whom or which a franchise, as hereinabove defined, is granted by the council under this chapter and the lawful successor, transferee or assignee of said person, firm or corporation subject to such conditions as may be defined in city ordinance. 21. "Gross revenues" means any and all revenues (as that term is defined by generally accepted accounting principles) received directly or indirectly from all sources which arise out of or are derived from the operation of a franchisee's cable system in the city. When the revenue of the franchisee includes gross revenues from sources outside of the city, a franchisee shall prorate the gross revenues among its sources by multiplying such gross revenues by a fraction the numerator of which is the number of franchisee's subscribers in the city and the denominator of which is the total number of all a franchisee's subscribers. "Gross revenues" shall not include the following: a. Fees and payments from subscribers who do not live in the city; b. Taxes on services furnished by a franchisee, which are imposed on any subscriber or used by any governmental unit, agency or instrumentality and which are collected by a franchisee for such entity; Packet Pg. 196 c. Bad debt write-offs; d. Revenue from the sale of equipment or other assets of the cable system to persons not purchasing services from the cable system; e. Revenue from transactions involving real property owned or leased by the franchisee; f. Amounts collected from subscribers as a franchise fee to be paid to city. 22. "Headend" means the electronic equipment located at the start of a cable system, usually including antennas, preamplifiers, frequency converters, demodulators and related equipment. M c 23. "Installation" means the connection of the cable system from feeder cable to subscribers' receivers. O 24. "Institutional networks (I -nets)" means that portion of a cable system which is designated principally for the provision of non- ar entertainment services to public schools, or public agencies such as public libraries separate and distinct from the subscriber network, 'a or on secured channels of the subscriber network. 0- 25. "Interactive services" means services provided to subscribers where the subscriber: m 0 0 a. Receives information consisting of either television or other signals and transmits signals generated by the subscriber or y equipment under his/her control for the purpose of selecting what information shall be transmitted to the subscriber or for any other purpose; and J b. Has the ability to transmit signals to any other location for any purpose. c 26. "Office" means the person or entity designated by the city as being responsible for the administration of a franchise for the city. W m 27. "Operator" means the person, firm or corporation to whom a franchise is granted pursuant to the provisions of this chapter. 28. "Premium services" means video programming offered on a pay -per -channel or pay -per -program basis. d 29. "Property of franchisee" means all property owned, installed or used by a franchisee in the conduct of its business in the city under o the authority of a franchise granted pursuant to this chapter. y 30. "Proposal" means the response, by an individual or organization, to a request by the city regarding the provision of cable services; w or an unsolicited plan submitted by an individual or organization seeking to provide cable services in the city. m 31. "Public way" or "street" means the surface, the air space above the surface and the area below the surface of any public street, 0 V including, but not limited to, any public alley, boulevard, drive, easement, right-of-way or sidewalk under the jurisdiction of the city. 32. "Subscriber" means a person or entity or user of the cable system who lawfully receives cable services or other service therefrom -a with franchisee's express permission. [Ord. 3083 § 1, 1996]. 0 E 4.68.020 Terms of franchise. w A. Authority to Grant Franchises or Licenses for Cable Television. It shall be unlawful to engage in or commence construction,; operation, or maintenance of a cable system without a franchise issued under this chapter. The council may, by ordinance, award a d nonexclusive franchise to construct, operate and maintain a cable system which complies with the terms and conditions of this chapter. E Any franchise granted pursuant to this chapter shall be nonexclusive and shall not preclude the city from granting other or further franchises or permits or preclude the city from using any roads, rights -of -way, streets, or other public properties or affect its jurisdiction over them or any part of them, or limit the full power of the city to make such changes, as the city shall deem necessary, including the dedication, establishment, maintenance, and improvement of all new rights -of -way and thoroughfares and other public properties. However, any such changes shall not materially or substantially impair the rights granted a franchisee pursuant to this chapter. All franchises granted subsequent to the effective date of the ordinance codified in this chapter shall be granted consistent with the terms and conditions of this chapter and on materially similar terms. B. Incorporation by Reference. The provisions of this chapter shall be incorporated by reference in any franchise ordinances or licenses approved hereunder. The provisions of any proposal submitted and accepted by the city shall be incorporated by reference in the applicable franchise. However, in the event of any conflict between the proposal, this chapter and the franchise, the franchise shall be the prevailing document. Packet Pg. 197 2.1.b C. Nature and Extent of the Franchise. Any franchise granted hereunder by the city shall authorize a franchisee, subject to the provisions herein contained: 1. To engage in the business of operating and providing cable service and other services and the distribution and sale of such services to subscribers within the city; 2. To erect, install, construct, repair, replace, reconstruct, maintain and retain in, on, over, under, upon, across and along any street, such amplifiers and appliances, lines, cables, conductors, vaults, manholes, pedestals, attachments, supporting structures, and other property as may be necessary and appropriate to the cable system. No privilege or exemption shall be granted or conferred upon a franchisee by any franchise except those specifically prescribed therein, and any use of any street shall be consistent with any prior lawful occupancy of the street or any subsequent improvement or installation therein. D. Length of the Franchise. The city shall have the right to grant a franchise for a period of time appropriate to the circumstances of the particular grant. [Ord. 3083 § 1, 1996]. 4.68.030 Application. An applicant for a franchise to construct, operate, and maintain a cable system within the city shall file an application in a form prescribed by the city, accompanied by a non-refundable filing fee in the amount determined by the city at the time of a franchise issuance. [Ord. 3083 § 1, 1996]. 4.68.040 Franchise issuance. Prior to the granting of a franchise, the city council shall conduct a public hearing to determine the following: A. Initial Franchise. 1. That the public will be benefited by the granting of a franchise to the applicant; 2. That the applicant has requisite financial and technical resources and capabilities to build, operate and maintain a cable television system in the area; 3. That the applicant has no conflicting interests, either financial or commercial, which will be contrary to the interests of the city; 4. That the applicant will comply with all terms and conditions placed upon a franchisee by this chapter; 5. That the applicant is capable of complying with all relevant federal, state, and local regulations pertaining to the construction, operation and maintenance of the facilities and systems incorporated in its application for a franchise; 6. The capacity of public rights -of -way to accommodate the cable system; 7. The present and future use of the public rights -of -way to be used by the cable system; 8. The potential disruption to existing users of the public rights -of -way to be used by the cable system and the resultant inconvenience which may occur to the public; and 9. Any other condition that is in the public's best interest. B. Renewal Franchise. 1. That the applicant has substantially complied with the material terms of the existing franchise and with applicable law; 2. That the quality of the applicant's previous service including signal quality, response to consumer complaints, and billing practices, but without regard to the mix or quality of cable services or other services provided over the system, has been reasonable in light of community needs; 3. That an applicant has the financial, legal and technical ability to provide the services, facilities and equipment as set forth in the applicant's proposal; 4. That an applicant's proposal is reasonable to meet the future cable -related community needs and interests taking into account the cost of meeting such needs and interests; 5. The capacity of public rights -of -way to accommodate the cable system; Packet Pg. 198 2.1.b 6. The present and future use of the public rights -of -way to be used by the cable system; 7. The potential disruption to existing users of the public rights -of -way to be used by the cable system and the resultant inconvenience which may occur to the public; and 8. Any other condition that is in the public's best interest. [Ord. 3083 § 1, 1996]. 4.68.050 Acceptance. No franchise granted pursuant to the provisions of this chapter shall become effective unless and until the ordinance granting same has become effective. d c Within 30 days after the effective date of the ordinance awarding a franchise, or within such extended period of time as the council in c its discretion may authorize, a franchisee shall file with the city clerk its written acceptance of the franchise, in a form satisfactory to the city attorney, together with the bond and insurance policies required by ECC 4.68.330, Insurance, and 4.68.340, Performance O bond. [Ord. 3083 § 1, 1996]. c� 4.68.060 Police power. In accepting any franchise, a franchisee acknowledges that its rights hereunder are subject to the legitimate rights of the police power of the city to adopt and enforce general ordinances necessary to protect the safety and welfare of the public and it agrees to comply -a) G with all applicable general laws enacted by the city pursuant to such power. [Ord. 3083 § 1, 1996]. V d N 4.68.070 Rules and regulations by the city. d In addition to the inherent powers of the city to regulate and control any franchise it issues, the authority granted to it by the Act, and J those powers expressly reserved by the city, or agreed to and provided for in a franchise the right and power is hereby reserved by the U) city to promulgate such additional regulations as it may find necessary in the exercise of its lawful powers giving due regard to the c rights of the franchisee. Except as noted above, the foregoing does not allow for amendment by the city of material terms of any y franchise it issues without the consent of a franchisee. m The city council reserves the right to delegate its authority for franchise administration to a designated agent. [Ord. 3083 § 1, 1996]. d 4.68.080 Construction standards. H All facilities constructed under this chapter shall be placed and maintained at such places and positions in or upon such streets, c avenues, alleys and public places as shall not interfere with the passage of traffic and the use of adjoining property, and shall conform o to the applicable section of the National Electrical Code, codes of the state of Washington, and city regulations, standards and policies pertaining to such construction. m At least 10 days prior to the intended construction of cable facilities, a franchisee shall inform all residents in the affected area that a c construction project will commence, the dates and nature of the project, and a toll -free telephone number which the subscriber may V call for further information. A preprinted door hanger may be used for this purpose. A. Notice of Entry on Private Property. At least 24 hours prior to entering private property or streets or public easements adjacent to or -a on such private property to perform new plant construction or reconstruction, a notice indicating the nature and location of the work to c be performed shall be physically posted upon the affected property. A franchisee shall make a good faith effort to comply with the G E property owner/resident's preferences, if any, on location or placement of underground installations (excluding aerial cable lines w utilizing existing poles and existing cable paths), consistent with sound engineering practices. c B. Emergency Repairs. Notice requirements of subsection A of this section, are suspended for purposes of entry upon private property E to perform repairs at the subscriber's request or in the event of system outage repairs or other emergencies in which insufficient time is cM available to provide notice to subscribers. Q C. Restoration of Property. After performance of work, franchisee shall restore private property as nearly as practicable to its condition prior to construction. Any disturbance of landscaping, fencing, or other improvements on private property shall, at the sole expense of a franchisee, be promptly repaired and restored (including replacement of such items as shrubbery and fencing) to the reasonable satisfaction of the property owner. [Ord. 3083 § 1, 1996]. 4.68.090 Undergrounding and landscaping. In those areas and portions of the city where the transmission or distribution facilities of the public utility providing telephone service and those of the facility providing electric service are underground or where underground placement is required for new or existing telephone and electrical service, then a franchisee shall likewise construct, operate and maintain all of its transmission and distribution facilities in the same area underground upon city approval. Such activities shall be made in concurrence and cooperation with the Packet Pg. 199 2.1.b other affected utilities. Amplifiers and associated equipment in a franchisee's transmission and distribution lines may be in appropriate housing upon the surface of the ground. [Ord. 3083 § 1, 1996]. 4.68.100 Construction in right-of-way. A. Notification of City Community Services Department. A franchisee shall submit an application for permit to perform work in the city's rights -of -way. Permits to perform work in the city's rights -of -way shall be available on the basis of the most favorable terms and conditions of any other franchisee or utility. The city shall provide an annual master permit process for the cable system rebuild project, the fees of which will be paid out of the annual franchisee fees. No work, other than emergency repairs, shall commence without such a permit. Emergency repairs may be made immediately with notification given to the city no later than the next business day. B. Installation. In accordance with the permit issued, all transmission lines, equipment, and structures shall be located and installed so as to cause minimum interference with the rights and reasonable convenience of property owners, and at all times shall be maintained in a safe condition, and in good order and repair. Suitable barricades, flags, lights, flares, or other devices shall be used at such times and places as are reasonably required for the safety of the public. Any poles or other fixtures placed in any street by a franchisee shall be placed in such manner as not to interfere with the usual travel on such public way. C. Interference with Use of Streets. A franchisee must obtain an application for permit to perform work in the rights -of -way for all work performed by the franchisee in such areas. When installing, locating, laying, or maintaining facilities, apparatus, or improvements, a franchisee shall not interfere with the use of any street to any greater extent than is necessary, and shall leave the surface of any such street in as good condition as it was prior to performance by franchisee of such work. Any facility, apparatus, or improvement under this chapter shall be laid, installed, located, or maintained in conformance with instructions given by, and to the reasonable satisfaction of, the city. In any event, a franchisee shall, at its own expense, and to the reasonable satisfaction of the city in accordance with the terms of the application for permit to perform work in the rights -of -way, restore to city standards and specifications any damage or disturbance caused to streets as a result of franchisee's construction or operations. D. Relocation/Removal. Upon receipt of 30 days' prior written notice, a franchisee, at its own expense, shall protect, support, temporarily disconnect, relocate, or remove any of its property when, in the judgment of the community services director, the same is required by reason of traffic conditions, public safety, and/or improvements by governmental agencies. Nothing herein shall be deemed a taking of the property of a franchisee, and franchisee shall be entitled to no surcharge by reason of this section. After receipt of 30 days prior written notice, upon failure of a franchisee to commence, pursue, or complete any work required by the provisions of this chapter to be performed on any street, within the reasonable time prescribed and to the reasonable satisfaction of the city, the city may, at its option, cause such work to be done, and a franchisee shall pay to the city the reasonable cost thereof, within 30 days after receipt of demand. E. Location of Facilities. A franchisee agrees to provide the city with a map or maps which shall show the vertical and horizontal location of its facilities within the franchise area using a minimum scale of one inch equals 100 feet, measured from the centerline of the right-of-way, which maps shall be in hard copy plan form acceptable to the city and in Geographical Information System (GIS) format. This information shall be provided within 90 days of the effective date of the ordinance codified in this chapter and shall be updated at least every 12 months thereafter. [Ord. 3083 § 1, 1996]. 4.68.110 Safety requirements. A franchisee, in accordance with applicable national, state, and local safety requirements shall, at all times, employ ordinary care and shall install and maintain and use commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage, injury, or nuisance to the public. All structures and all lines, equipment and connections in, over, under, and upon the streets, sidewalks, alleys, and public ways or places of a franchise area, wherever situated or located, shall at all times be kept and maintained in a safe, suitable condition, and in good order and repair. The city reserves the general right to see that the system of a franchisee is constructed and maintained in a safe condition. If a violation of the National Electrical Safety Code or other applicable regulation is found to exist by the city, the city will, after discussions with a franchisee, establish a reasonable time for a franchisee to make necessary repairs. If the repairs are not made within the established time frame, the city may make the repairs itself or have them made and collect all reasonable costs thereof from a franchisee. [Ord. 3083 § 1, 1996]. 4.68.120 Building moving. Whenever any person shall have obtained permission from the city to use any street for the purpose of moving any building, a franchisee, upon seven days' written notice from the city, shall raise or remove, at the expense of the permittee desiring to move the building, any of a franchisee's wires which may obstruct the removal of such building; provided, that the moving of such building Packet Pg. 200 shall be done in accordance with regulations and general ordinances of the city. Where more than one street is available for the moving of such building, the building shall be moved on such street as shall cause the least interference. In such event, the city shall be responsible for determining the path of least interference. It is further provided that the person or persons moving such building shall indemnify and save harmless said franchisee of and from any and all damages or claims of whatsoever kind or nature caused directly or indirectly for such temporary arrangement of the lines and poles of a franchisee. [Ord. 3083 § 1, 1996]. 4.68.130 Tree trimming. In accordance with city ordinances, a franchisee shall have the authority to trim and remove trees upon and overhanging streets, public ways and places in the franchise area so as to prevent the branches of such trees from coming in contact with the wires and cables of a franchisee and, if necessary, to clear a microwave path. A franchisee shall be responsible for debris removal from such activities. [Ord. 3083 § 1, 1996]. r_ c 4.68.140 Rates. Within 30 days after the grant of any franchise hereunder, a franchisee shall file with the city a complete schedule of all present rates 0 charged to all subscribers. 0. Prior to implementation of any change in rates or charges for any service or equipment provided by a franchisee, a franchisee shall D provide the city and all subscribers a minimum of 30 days' prior written notice of such change. 0 Subject to the Act and resultant FCC regulations, the city may regulate the rates or charges for providing cable service and other equipment and may establish rate regulation review procedures as delegated by federal law. [Ord. 3083 § 1, 1996]. d 4.68.150 Cable availability. Cable service shall not be denied to any group of potential residential cable subscribers because of the income of the residents of the N local area in which such group resides. [Ord. 3083 § 1, 1996]. c y 4.68.160 Franchise fee. M A franchisee shall pay to the city quarterly, on or before the thirtieth day after the end of each calendar quarter a percentage of gross cG revenues as deemed herein for the preceding calendar quarter. Such remittances shall be accompanied by forms furnished by the city to report reasonably detailed information as to the sources of such revenues. [Ord. 3083 § 1, 1996]. 4.68.170 Periodic meetings. Upon request, but not more than once during any calendar year, a franchisee shall meet with designated city officials and/or designated representative(s) of the city to review the performance of a franchisee for the preceding period. The franchisee shall be given not less than 30 days' prior written notice of any such meeting. The subjects may include, but are not limited to, those items covered in the periodic reports and performance tests. [Ord. 3083 § 1, 1996]. 4.68.180 Cable system evaluation. In addition to periodic meetings, and with written notice of not less than five business days so that a franchisee can arrange to have necessary personnel present, the city may require reasonable evaluation sessions at any time during the term of a franchise. It is intended that such evaluations cover areas such as customer service, response to the community's cable -related needs, and a franchisee's performance under and compliance with the terms of a franchise. [Ord. 3083 § 1, 1996]. 4.68.190 Record inspection. Subject to statutory and constitutional limits and upon not less than 10 business days' advance written notice, the city reserves the right to inspect the records of a franchisee, which are not a part of its public files but which are necessary for the enforcement of a franchise, during normal business hours; provided, that the city shall maintain the confidentiality of any trade secrets or other proprietary information in the possession of a franchisee. Such documents shall include such information as financial records, subscriber records and plans pertaining to a franchisee's operation in the city; provided, nothing in this chapter shall be read to require a franchisee to violate state or federal law respecting subscriber privacy, nor shall this chapter be read to require a franchisee to disclose confidential or proprietary information without adequate safeguards to protect its confidential or proprietary nature. [Ord. 3083 § 1, 1996]. 4.68.200 Public, educational and governmental access. The city may require, as a condition of a franchise granted pursuant to this chapter, provisions for public, educational and government (PEG) access. [Ord. 3083 § 1, 1996]. Packet Pg. 201 2.1.b 4.68.210 City-wide public, educational and government access interconnection. The city may request a franchisee to begin negotiations to interconnect PEG access channels of a cable television system with any and all other contiguous and compatible cable systems. Interconnection of system may be accomplished by direct cable connection, microwave link, or other technically feasible method. Upon receiving request of the city to interconnect, if a franchise has not already done so, a franchisee shall initiate negotiations with other affected system(s), and shall report to the city the results of such negotiations no later than 60 days after such initiation. Any costs of interconnection may be passed through to subscribers by a franchisee. [Ord. 3083 § 1, 1996]. 4.68.220 Institutional networks (I -nets). A franchisee's cable system shall have the capability of serving designated educational and public buildings with unidirectional or bidirectional video/audio signals. The linkage may be by cable, microwave or other means deemed appropriate by a franchisee. If required, suitable encoding and decoding devices shall be made available by a franchisee to assure transmission security. A public entity desiring the activation of such service shall make application thereof to a franchisee. Activation of such services to a public entity shall not be unduly denied. A public entity in the city denied such service may request a public hearing to evaluate such denial. Both the requestor and the franchisee shall be provided the opportunity to present the reasons for the request and the reasons for the denial. Upon a finding by the city council that these services are reasonably required to meet community needs, taking into account the cost of meeting such needs, the city council may require the activation of such services for the public entity in a reasonable time and on the same basis that other public entities in the city receive the same service. [Ord. 3083 § 1, 1996]. 4.68.230 City-wide institutional networks interconnection. A franchise agreement may require a franchisee to make such interconnections as necessary to connect certain designated institutions on a city-wide basis. The same conditions as enumerated in ECC 4.68.210, City-wide public, educational, and government access interconnection, shall prevail. [Ord. 3083 § 1, 1996]. 4.68.240 Access and institutional network equipment. A franchise agreement may require a franchisee to contribute either specified goods and services and/or a specified sum of money for the purpose of providing facilities and equipment for PEG access programming and the institutional networks. [Ord. 3083 § 1, 1996]. 4.68.250 External franchising costs. Prior to expenditure of capital for any franchise related requirements that would be treated as an external cost passed through to customers, the operator shall notify the city of its intent to exercise its right and the amount to be passed through to customers. The city may waive the franchise related requirement if, in the city's opinion, the increase in rates would be a burden on city rate payers. [Ord. 3083 § 1, 1996]. 4.68.260 Nondiscrimination. A franchisee shall not, as to rates, charges, service facilities, rules, regulations or in any other respect, make or grant any preferences or advantage to any person nor subject any person to any prejudice or disadvantage; provided, that nothing in this chapter shall be deemed to prohibit the establishment of a graduated scale of charges and classified rate schedules to which any customer coming within such classification would be entitled; and provided further, that connection and/or service charges may be waived or modified during promotional campaigns of a franchisee. A franchisee will not deny access to cable service to any group of potential residential subscribers because of the income of the residents of the local area in which the group resides. [Ord. 3083 § 1, 1996]. 4.68.270 Continuity of service. It shall be the right of all subscribers to continue receiving service so long as their financial and other obligations to a franchisee are fulfilled. In this regard a franchisee shall act so far as it is reasonably within its control to provide all subscribers with continuous uninterrupted service during the term of the franchise, subject to applicable law. In the event a franchisee fails to operate a system for 72 continuous and consecutive hours without prior notification to and approval of the city council or without just cause such as an impossibility to operate the system because of the occurrence of an act of God or other circumstances reasonably beyond a franchisee's control, the city may, after notice and an opportunity for a franchisee to commence operations at its option, operate the emergency alert system or designate someone to operate the emergency alert system until such time as a franchisee restores service or a replacement franchisee is selected. If the city is required to fulfill this obligation for a franchisee, a franchisee shall reimburse the city for all reasonable costs or damages that are the result of a franchisee's failure to perform. [Ord. 3083 § 1, 1996]. Packet Pg. 202 2.1.b 4.68.280 Transfer of ownership. A franchise shall not be sold, transferred, leased, assigned, or disposed of in whole or in part either by sale, voluntary or involuntary merger, consolidation or otherwise, unless approval is granted by the city council to ensure a review of unforeseen circumstances not present at the time of the original franchise. The city's approval shall not be unreasonably withheld. Such costs associated with this review process shall be reimbursed to the city by a new prospective franchisee. An assignment of a franchise shall be deemed to occur if there is an actual change in control or where ownership of 50 percent or more of the beneficial interests, singly or collectively, are obtained by other parties. The word "control" as used herein is not limited to majority stock ownership only, but includes actual working control in whatever manner exercised. A franchisee shall promptly notify the city prior to any proposed change in, or transfer of, or acquisition by any other party of control of a franchisee's company. Every change, transfer, or acquisition of control of a franchisee's company shall cause a review of the proposed transfer. In the event that the city adopts a resolution denying its consent and such change, transfer or acquisition of control has been effected, the city may cancel the franchise. Approval shall not be required for mortgaging purposes or if said transfer is from a franchisee to another person or entity controlling, controlled by, or under common control with a franchisee. The city will exercise such regulatory control as it has under the Act to monitor ownership, control, utilization and transfer of a franchise. [Ord. 3083 § 1, 1996]. 4.68.290 Removal and abandonment of property of franchisee. The city may direct a franchisee to temporarily disconnect or bypass any equipment of a franchisee in order to complete street construction or modification, install and remove underground utilities, or for other reasons of public safety and efficient operation of the city. Such removal, relocation or other requirement shall be at the sole expense of a franchisee. In the event that the use of any part of the cable system is discontinued for any reason for a continuous period of 12 months, or in the event such system or property has been installed in any street or public place without complying with the requirements of the franchise or other city ordinances or the franchise has been terminated, cancelled or has expired, a franchisee shall promptly, upon being given 10 days' notice, remove within 90 days from the streets or public places all such property and poles of such system other than any which the city may permit to be abandoned in place which permission shall not be unreasonably withheld. In the event of such removal, a franchisee shall promptly restore the street or other areas from which such property has been removed to a condition reasonably satisfactory to the city. Any property of a franchisee remaining in place 90 days after the termination or expiration of the franchise shall be considered permanently abandoned unless the franchisee has commenced removal within a reasonable time. Any property of a franchisee to be abandoned in place shall be abandoned in such manner as the city shall prescribe. Upon permanent abandonment of the property of a franchisee in place, the property shall become that of the city, and a franchisee shall submit to the city clerk an instrument in writing, to be approved by the city attorney, transferring to the city the ownership of such property. None of the foregoing affects or limits franchisee's rights to compensation for an involuntary abandonment of its property under state or federal law. [Ord. 3083 § 1, 1996]. 4.68.300 Revocation for cause. A. Any franchise granted by the city may be terminated during the period of such franchise for repeated failure by a franchisee to comply with material provisions of this chapter, the franchise or FCC regulations. B. The procedure to be followed resulting in termination for any of the above reasons, save franchisee's request, shall be: 1. The city council shall identify the deficiencies or noncompliance and shall direct a franchisee, in writing, to correct such deficiencies or comply with such regulations within 30 days or a reasonable period of time. 2. Failure to comply with the provision of subsection (13)(1) will cause the matter of noncompliance to be brought before the city council for hearing. 3. At such hearing a franchisee and other interested parties shall be given fair opportunity for full participation, including the right to introduce evidence, to require the production of evidence, and to question witnesses. The city council, or its designee, acting as hearings officer will make the determination as to whether any noncompliance or deficiency was without just cause. In the event the city council finds that such noncompliance or deficiency was without just cause, the city council may in its sole discretion fix an additional time period to cure such deficiency(ies). If the deficiency has not been cured at the expiration of any additional time period or if the council does not grant any additional period, the city council may by ordinance declare the franchise to be terminated and forfeited. Packet Pg. 203 4. If a franchisee appeals revocation and termination, such revocation may be held in abeyance pending judicial review by a court of competent jurisdiction; provided a franchisee is otherwise in compliance with the franchise. 5. Nothing contained in the above subsections of this section shall prevent the issuance of a new franchise containing terms substantially the same or identical to a franchise which previously was revoked, upon satisfactory assurances made to the city council that the terms and conditions of this chapter can be met by the new franchisee. [Ord. 3083 § 1, 1996]. 4.68.310 Effect of termination for non-compliance. If any franchise is terminated by the city by reason of a franchisee's noncompliance, that part of the system under such franchise located in the streets and public property shall, at the election of the city, become the property of the city in accordance with the city's T as well as a franchisee's rights and remedies under state and federal law. If the city, or a third party, does not purchase the system, a r_ franchisee shall, upon order of the city council, remove the system as required under ECC 4.68.290, Removal and abandonment of r_ property of franchisee. [Ord. 3083 § 1, 1996]. O 4.68.320 Indemnity and hold harmless. c� A franchisee will indemnify and hold harmless the city from any and all liabilities, fees, costs and damages, except in the case of Q. judicially determined gross negligence and/or willful misconduct of the city, whether to person or property, or expense of any type or nature which may occur to the city by reason of the construction, operation, maintenance, repair and alteration of a franchisee's facilities or any other actions of a franchisee in the city. In any case in which suit or action is instituted against the city by reason of V damage or injury caused by a franchisee, the city shall cause written notice thereof to be given to a franchisee and a franchisee a) thereupon shall have the duty to appear and defend any such suit or action, without cost or expense to the city. [Ord. 3083 § 1, 1996]. c d 4.68.330 Insurance. A franchisee shall furnish the city with a certified copy or original of a comprehensive liability insurance policy naming the city as an N additional insured. The amount of such policy shall be established in the franchise agreement. Such insurance must be in place no later than the date of acceptance of a franchise by a franchisee. This insurance shall be maintained in full force at the franchisee's expense M throughout the period of the franchise. The city may delineate more specific details concerning such insurance in the franchise op agreement. [Ord. 3083 § 1, 1996]. 4.68.340 Performance bond. A franchisee shall promptly repair or cause to be repaired any damage to city property caused by a franchisee or any agent of a franchisee. A franchisee shall comply with all present and future ordinances and regulations regarding excavation or construction and, if deemed necessary by the city, shall be required to post a performance bond or other surety acceptable to the city in an amount specified by the city in favor of the city warranting that all restoration work will be done promptly and in a workmanlike manner and that penalties, if any, after final adjudication are paid to the city within 90 days of such finding. [Ord. 3083 § 1, 1996]. 4.68.350 Recourse against bonds and other security. Bonds and other security may be utilized by the city for the purposes including, but not limited to, reimbursement of the city by reason of a franchisee's failure to pay the city any sums due under the terms of this chapter or the franchise, reimbursement of the city for reasonable costs borne by the city to correct franchise violations not corrected by a franchisee after due notice; and monetary remedies or damages assessed against a franchisee due to default or violations of the franchise requirements or this chapter. A. Recourse. In the event franchisee has been declared to be in default by the city under ECC 4.68.300, Revocation for cause, and if a franchisee fails, within 30 days of mailing of the city's finding, to pay the city any franchise fee, penalties, or monetary sanctions, or fails to perform any of the conditions of the franchise, or fails to file for judicial review of the city's findings, the city may thereafter foreclose against the performance bond and/or withdraw from any other security an amount sufficient to compensate the city's damages, with interest, at the legal rate. Upon such foreclosure or withdrawal, the city shall notify a franchisee in writing, by first class mail, postage prepaid, of the amount and date thereof. B. Restoration. Within 30 days after mailing notice to a franchisee that the city has foreclosed franchisee's performance bond or that any amount has been withdrawn by the city from the other security pursuant to subsection A of this section, a franchisee shall deposit such further bond or sum of money, or other security, as the city may require, sufficient to meet the requirements of this chapter and the franchise agreement. C. Rights of the City. The rights reserved to the city with respect to any bond or security are in addition to all other rights of the city whether reserved by this chapter or authorized by law, and no action, proceeding, or exercise of a right with respect to any bond or other security shall constitute an election or waiver of any rights or other remedies the city may have. [Ord. 3083 § 1, 1996]. Packet Pg. 204 4.68.360 Franchising costs. The operator shall pay to the city upon acceptance of any initial franchise or renewal franchise granted hereunder, the city's reasonable out-of-pocket costs associated with the franchising process up to a maximum amount specified in the franchise agreement. The amount of the filing fee shall be a credit against these out-of-pocket costs. Costs shall include such items as consulting fees, expenses, and the costs of publishing notices and ordinances, etc. Such payment is not to be considered in lieu of franchise fee payments. Payment is due within 30 days of receipt of appropriate invoice from the city. [Ord. 3083 § 1, 1996]. 4.68.370 Equalization of civic contributions. In the event of one or more new franchises being granted, the city may require that such subsequent franchisees pay to the city an amount proportionally equal to franchising costs contributed by the initial franchisee. These costs may include but are not limited to such features as access and institutional network costs, bidirectional or equivalent cable installed to municipal buildings and similar r_ expenses. L Additional franchisees shall provide all PEG access channel(s) currently available to the subscribers of existing franchisees. In order O to provide these access channels, additional franchisees shall interconnect, at their cost, with existing franchisees, subject to any reasonable terms and conditions that the existing franchisee providing the interconnection may require. These interconnection Q. agreements shall be made directly between the franchisees. The city council, in such cases of dispute of award, may be called upon to D arbitrate regarding these arrangements. Additional franchisees shall contribute towards costs of PEG access paid by a prior franchisee by paying to the prior franchisee on 0 d each anniversary of the grant of the subsequent franchise an amount equal to a proportionate share of the amount contributed by the prior franchisee for PEG access costs in constant dollars. This proportion shall be based upon the number of subscribers in the city 4) held by each franchise and shall be contributed until such time as equal contributions towards the cost of PEG access have been made. [Ord. 3083 § 1, 1996]. N m c 4.68.380 Inconsistency. If any portion of this chapter should be inconsistent or conflict with any rule or regulation now or hereafter adopted by the FCC or op other federal law, then, to the extent of the inconsistency or conflict, the rule or regulation of the FCC or other federal law shall control for so long, but only for so long, as such rule, regulation, or law shall remain in effect; provided the remaining provisions of d this chapter shall not be affected thereby. [Ord. 3083 § 1, 1996]. 4.68.390 Expedited review process — Competitive franchises. 0 In accordance with the competitive franchise rule adopted pursuant to Part 76 of Title 47 Code of Federal Regulations (CFR), Section y 76.41, a process for expedited review of franchise applications for a competitive franchise is hereby established. > d W A. Application of Rule. Any application for a cable franchise agreement submitted pursuant to 47 CFR Section 76.41 to the city shall contain the requisite information set forth herein. The mayor and staff shall evaluate the application and make recommendations to the 0 Edmonds city council based on the criteria set forth herein. 0 B. Definitions. As used in this local rule, definitions shall be as follows: 2 1. "Affiliated entity" or "affiliate" means any entity having ownership or control in common with the grantee, in whole or in part, including, without limitation, grantee's parent corporations and any subsidiaries or affiliates of such parent corporations. 2. "CFAR franchise applicant" or "applicant" means an applicant for a cable franchise pursuant to the provisions of the competitive franchise application rule (CFAR) set forth in Part 76 of 47 CFR Section 76.41, and includes the parent corporation, its subsidiaries and principals. 3. "City" means the city of Edmonds. 4. "Control" is not limited to majority stock ownership, but includes actual working control in whatever manner exercised. 5. "Interest" includes officers, directors and shareholders owning five percent or more of the CFAR franchise applicant's outstanding stock or any equivalent voting interest of a partnership or joint venture. 6. "Model cable franchise template" means this chapter, containing standard franchise terms and conditions for cable franchises granted in the city, as the same exists or is hereafter amended through a process that will commence in 2008. Franchises granted under existing Chapter 4.68 shall expire on April 26, 2011, unless an earlier date is established in the review process. 7. "Staff' means the persons or positions designated by the mayor for review. The term shall include any consultant hired by the city to assist in its review. Packet Pg. 205 2.1.b 8. "Parent corporation" includes any entity with ownership or control of the CFAR franchise applicant. 9. "Principal" includes any person, firm, corporation, partnership, joint venture, affiliates, or other entity, who or which has control of or interest in a CFAR franchise applicant. 10. "Regulatory authority" includes any governmental or quasi -governmental organization or entity with jurisdiction over all or any portion of the CFAR franchise applicant or its operations. C. Competitive Franchise Application Submission. A CFAR franchise applicant shall include in its application detailed written responses to the requisite information set forth in ECC 4.68.400, in addition to any information required by 47 CFR Section 76.41 d (hereinafter collectively the "application"). A CFAR franchise applicant shall submit an application fee required under ECC 4.68.410 as part of its application to the city. A CFAR franchise applicant shall also provide any additional information requested by the staff c that is relevant to the evaluation of the application under the criteria adopted herein and applicable law. Completed application and the '�a application fee shall be filed with the city clerk at the following address: O m City Clerk Q. City of Edmonds -0a 0 121 — 5th Ave. North V d N Edmonds, WA 98020 d The staff shall accept and review only those applications that include complete responses to every element of the information required J herein. Submission of an application that does not include the requisite information set forth in ECC 4.68.400 and the application fee shall not commence the time period set forth in 47 CFR Section 76.41 for granting or denying an application. If the staff requests any additional information from the CFAR franchise applicant, the time period set forth in 47 CFR Section 76.41 shall be tolled from the M date the information is requested until the date such information is received by the staff. m The CFAR franchise applicant shall immediately submit additional or updated information as necessary to ensure the requisite d information provided is complete and accurate throughout the staff review of the application. Upon request, the staff will promptly provide access to documents or information in its possession or control that are necessary for the w o completion of an application; provided, that the CFAR franchise applicant does not otherwise have access to such documents or information and that such documents or information are subject to disclosure under Washington public records laws. [Ord. 3668 § 1, 2007]. in 4.68.400 CFAR application requisites. A. Identification and Ownership Information. 1. Identification of Applicant and Proposed Franchisee. a. State the name, address, telephone number and web site (if applicable) of the applicant and the proposed franchisee (if different from applicant). b. State the name, address, primary telephone number and primary e-mail address of all individual(s) authorized to represent the applicant before the staff during their consideration of the franchise(s) requested, including the applicant's primary contact and any additional authorized contacts. 2. Business Structure. a. Corporation. i. If applicant is a corporation, please list all officers and members of the board of directors, their principal affiliations and their addresses; ii. Attach a certified copy of the articles of incorporation and bylaws of the corporation as well as certificates of good standing from the Secretary of State of the state of incorporation as well as the state of Washington; and iii. State whether the applicant is directly or indirectly controlled by another corporation or legal entity. If so, attach an explanatory statement and response to subsections (2)(a)(i) and (ii) of this section concerning the controlling corporation. Packet Pg. 206 2.1.b b. Partnership. i. If applicant is a partnership, please describe the structure of the partnership and the interests of general and limited partners. ii. State whether the applicant is controlled directly or indirectly by any corporation or other legal entity. If so, respond to subsections (2)(a)(i) and (ii) or (2)(b)(i) of this section, as applicable, concerning the controlling entity 3. Experience. a. Current Franchises. Please list all cable systems operated by the applicant in the last five years. For each system, include d name of system, address, communities served, number of subscribers, number of homes passed, date of system award, c duration (start and end date) of franchise, status of construction, and percent of penetration of homes passed as of most recently available date (include date). Also include name, title, and telephone number of the system manager and authorized O representative of the franchising authority. b. Pending Franchises. List communities where the applicant or any affiliate currently has a formal or informal request pending for an initial franchise, the renewal of a franchise, or the approval of a transfer of ownership. Include names of communities, date of application, date of expected action, and estimated number of homes. Also include complete contact -a) G information of an authorized representative of the franchise authority. V d N 4. Management Structure. Attach a management/organizational chart showing the management structure of the applicant. Also, a) provide a similar chart showing the relationship of the applicant to all general partners, parent corporations, subsidiaries, affiliates J and all other subsidiaries of parent corporation, including a brief description of each entity's relationship to the applicant. U) U) am 5. Management Agreement. State whether there are any management agreements existing or proposed between the applicant and any parent corporation or affiliate related to construction and operation of the applicant's planned system in Edmonds. If yes, m attach a copy of any such agreement. B. Legal Qualifications. 1. Media Cross -Ownership. Section 613 of the Cable Communications Policy Act of 1984, 47 USC Section 533(a), and applicable FCC rules prohibit certain forms of media cross -ownership. Please state whether the applicant or an affiliate directly or indirectly owns, operates, controls or has an interest in any of the following, or whether the applicant holds or operates any company or business operating jointly with any of the following: a. A national broadcast television network (such as ABC, CBS or NBC, etc.). b. A television broadcast station whose predicted Grade B contour, computed in accordance with Section 73.684 of the FCC's rules, overlaps in whole or in part in the city, or an application for license to operate such a station. c. A telecommunications or telephone company whose service area includes any portion of the city. If the response to any of the above is affirmative, state the name of the applicant or affiliate, the nature and percentage of ownership or interest and the company that is owned or in which the interest is held. 2. Equal Employment Opportunity and Affirmative Action. Federal law requires cable system operators to be certified by the Federal Communications Commission (FCC) as being in compliance with the equal employment opportunity requirements of Section 634(e) of the Cable Communications Policy Act of 1984, 47 USC Section 554(e). The applicant shall attach any current FCC certification(s) for its existing cable system holdings, if any, or indicate its intention to apply for and abide by same. 3. Franchise Violations. State whether the applicant or any affiliate has been found in violation by a regulatory authority or franchising authority of any franchise ordinance or agreement, contract or regulation governing a cable system. If so, identify the judicial or administrative proceeding, giving the date, name of tribunal and result or disposition of that proceeding. 4. Other Violations. State whether the applicant or any affiliate has been found in violation of any franchise, ordinance, agreement, permit, contract or regulation by a regulatory authority of any other type (e.g., public utility commission). If so, identify the judicial or administrative proceeding, giving the date, name of tribunal and result or disposition of that proceeding. C. Financial Qualifications. Packet Pg. 207 2.1.b 1. For applicants with existing operations: provide audited financial statements, including statements of income, balance sheets and cash flow statements, together with any notes necessary to the understanding of the financial statements for the last three fiscal years for the applicant and any parent corporation. Please provide associated operating statistics including distribution plant miles, homes passed, number of basic cable service subscribers, and number of subscribers to other tiers or services, including digital services, Internet access services, telephone services and number of premium units, for the operations corresponding to the financial statements. 2. For all applicants: provide detailed pro forma projections for both applicant's operations in the city and any regional or national planned operations of which the city is a part for the next five fiscal years from the date of the application, including .- balance sheets, income statements, and statements of cash flows, or, alternatively, at a minimum, detailed projected income and 4) cash flow statements. Please include associated operating statistic assumptions for these projections including distribution plant C miles, homes passed, number of basic cable service subscribers, number of subscribers to other tiers or services (e.g., digital E service, high-speed Internet access service, telephone service, etc.), and number of premium units. Also, describe any other assumptions reflected in the projections, including (a) revenue assumptions, such as service rates, (b) expense assumptions, such m as direct costs of service, staffing levels, or anticipated cost inflation, (c) capital expenditure assumptions, such as miles of plant to be built and costs per mile of construction or per subscriber, and (d) financing assumptions, such as funds to be borrowed and Q. from whom, interest rates, and timing of repayment, or equity infusions and distributions. Please provide these projections in electronic (Excel spreadsheet) form as well as in printed form. c V D. Technical Qualifications, Planned Services and Operations. y c 1. Describe the applicant's planned initial and proposed geographic cable service area, including a map and proposed dates for 4) offering service to each area; 2. If the applicant has or asserts existing authority to access the public right-of-way in any of the initial or proposed service areas U) U) listed in subsection (13)(1) of this section, state the basis for such authority or asserted authority and attach the relevant w agreements or other documentation of such authority; 00 3. Describe with particularity the applicant's planned residential cable services, including basic cable services, cable programming service tiers, and any additional pay -per -view, on -demand or digital services; and the projected rates for each category or tier or service; ~ 4. Describe with particularity the applicant's planned system technical design, upstream and downstream capacity and speed, c •N provision for analog or digital services or packages, distribution of fiber, and planned count of households per residential node; .5 5. Describe with particularity the applicant's planned nonresidential cable services; 6. Describe the applicant's planned construction and extension or phase schedule, as applicable, including system extension plans 0 V or policy; describe current status of the applicant's existing or proposed arrangements with area utilities, including pole attachments, vault, or conduit sharing agreements as applicable; 2 7. Describe the applicant's plan to ensure that the safety, functioning and appearance of property and convenience and safety of 0 c other persons not be adversely affected by installation or construction of the applicant's facilities, and that property owners are E justly compensated for any damages caused by the installation, construction, operation or removal of the facilities; also state the w proposed allocation of costs of installation, construction, operation or removal of facilities between the applicant and the; subscriber; aa) 8. Describe the availability and cost of a device to enable a subscriber to block obscene or indecent programming; and 9. Describe the applicant's plan to comply with the subscriber privacy protections set forth in 47 USC Section 551 E. Minimum Franchise Obligations. Please state the applicant's intention to meet each of the following minimum cable franchise standards: Model Franchises. The applicant shall comply with all provisions of this chapter. 2. Right -of -Way ("ROW") Regulations. The applicant shall stipulate in writing that it will at all times comply with all applicable and lawful city laws and regulations related to use of the public ROW within the boundaries of the city. 3. Nondiscrimination. The applicant shall stipulate that it shall not deny cable service to any group of potential residential cable subscribers in the cable service area proposed by applicant based on their income. Packet Pg. 208 4. Franchise Fees. The applicant shall pay franchise fees on a monthly basis, unless otherwise agreed to by the city, at the franchise fee rate established by ordinance for all cable service providers in Edmonds. F. City Expectations. The applicant will provide a detailed proposal as part of its application regarding each of the below provisions to enable the city to determine whether the application meets the cable -related needs and interests of the city. 1. Build -Out. The city expects that all residents within a specified cable service area will have access to applicant's cable services consistent with all applicable local, state and federal laws and regulations. The applicant shall provide a proposal to provide access to cable services to all residents in applicant's proposed cable service area within a reasonable time period. Maps of existing franchise districts are on file with the staff s office or available by contacting the city at 425-775-2525. The staff may 4)- reconsider cable service areas proposed by applicant that overlap the geographic boundaries of existing Edmonds cable franchise a districts. Applicant shall clearly specify all build -out criteria and exceptions. L 2. PEG Channel Capacity. The applicant shall provide the same channel capacity as available under existing incumbent city cable O franchise agreements. Channel capacity is not limited to channels currently in use but shall include all available channels under existing franchise agreements. Q. G. Proposed Franchise Terms. The city's model cable franchise template, Attachment A to this rule, reflects terms and conditions required of other cable operations in Edmonds as of the effective date of the CFAR. The applicant shall list any proposed amendments V to the model cable franchise template and an explanation as to why the amendment should be considered by the city. These proposed a) amendments may either be included in this section of applicant's CFAR franchise application or shown directly on the model cable c franchise template. An electronic copy of the model cable franchise template may be obtained by calling staff at 425-775-2525 or on a) the city's web site: www.ci.edmonds.wa.us. H. Miscellaneous Provisions. State whether the applicant contemplates the provision of any cable services on its system under an open U) video systems ("OVS") regulatory regime, within the meaning of Section 653 of the 1934 Communications Act (47 USC Section y 573). m I. Affidavit of Applicant. Each application shall be accompanied by an affidavit substantially in the form set forth below: d This application of the Applicant is submitted by the undersigned who has been duly authorized to make the representations within on behalf of the Applicant and certifies the representations are true and correct. o_ The Applicant recognizes that all representations are binding on it and that material misrepresentations or pp g p g p N > omissions, or failure to adhere to any such representation may result in a negative staff recommendation to the Edmonds City Council, or denial of a CFAR Franchise Application by the Edmonds City Council. 0 Consent is hereby given to the staff and their representatives or agents to make inquiry into the legal character, V technical, financial and other qualifications of the Applicant by contacting any persons or organizations named E herein as references, or by any other appropriate means. The Applicant recognizes that information submitted is open to public inspection and subject to the Washington Public Records Law. We advise the Applicant to be familiar with the Washington Public Records Act at Chapter 42.56 RCW. The Applicant should specifically identify any information which the Applicant has deemed proprietary, the Staff, as appropriate, will tender to the Applicant the defense of any request to compel disclosure. By submitting information which the Applicant deems proprietary or otherwise exempt from disclosure, the Applicant agrees to defend and hold harmless the City of Edmonds and the staff from any claim for disclosure including but not limited to expenses including out-of-pocket costs and attorneys' fees, as well as any judgment entered against the City of Edmonds or the staff for the attorney fees of the party requesting disclosure. Name of Applicant's Authorized Representative: Affiant's Signature: Official Position: Date: NOTARIZATION Packet Pg. 209 2.1.b Subscribed and sworn before me this of , 20 Notary Public for Washington: My Commission expires: J. Application Fee. The application fee to cover the reasonable cost of processing application is set forth in ECC 4.68.410. The fee shall be equal to the actual, reasonable costs of review, and the application fee shall be considered a deposit against payment or reimbursement of the city's costs. K. Review Process. 1. Acceptance of Application. Within 10 business days of receipt of an application, staff shall review the application to ensure all requisite information is included in the application. a. If the application is not complete, staff will notify the applicant in writing within 10 business days, listing the requisite information that is required to complete the application and notifying the applicant that the time period for granting or denying the application set forth in 47 CFR Section 76.41 will not begin to run until such information is received. b. If the application is complete, staff will notify the applicant in writing within five business days by certified mail that all requisite information has been received. 2. Staff Review. Staff shall review all completed applications based on the review criteria set forth herein. If, during the review of an application, staff requires additional information from the applicant, staff will promptly request the information from the applicant, in writing, along with a notification that the time period for granting or denying the application set forth in 47 CFR Section 76.41 will be tolled until such information is received by the staff. After completing the review, staff shall provide an analysis of the application and recommendations to the Edmonds city council. 3. Public Notification and Opportunity to Comment. The Edmonds city council may hold a public hearing to provide the applicant and residents in the proposed cable service area prompt notice and an opportunity to comment on any CFAR franchise application. Notice requirements for public hearings shall be provided 10 business days in advance; provided, however, that the city clerk may shorten or alter these requirements as needed to meet the deadline for a council decision set forth in 47 CFR Section 76.41, unless the applicant and the staff agree to extend the deadline. 4. Review Criteria. The staff may recommend to the city council denial of an application of any of the following exists: a. The applicant does not have the financial, technical, or legal qualifications to provide cable service; or b. The applicant will not provide adequate public, educational, and governmental access channel capacity, facilities, or financial support, as evidenced by the most recent needs ascertainment conducted by or on behalf of the staff or other relevant study of community needs; or c. The applicant will not meet the city's minimum reasonable build -out requirements; or d. The applicant's proposed terms do not comply with applicable federal, state and local laws and regulations including, but not limited to, local customer service standards or relevant existing city contractual obligations; or e. Applicant has made material misrepresentations or omissions, or has failed to adhere to any such representations. 5. Length of Franchise. A franchise granted under these provisions shall expire on the date established in the review process, in no event later than April 26, 2011, the same date as any underlying, nonexclusive cable franchise previously granted by the city. This franchise length has been established in order to permit full assessment of the needs of the city and its citizens as permitted by 47 USC Section 521, et seq., and the regulations promulgated thereunder as this chapter is revised. [Ord. 3668 § 2, 2007]. 4.68.410 CFAR application fee — Deposit required. The application shall be accompanied by a cashier's check or similar instrument in the amount of $5,000. This fee is a deposit against the actual reasonable cost of processing the application. The applicant agrees, by its submittal, to pay the actual reasonable costs of review, either by city staff or a consultant, on a time and materials basis. If the deposit is not adequate to pay the costs incurred, written notice to supplement the deposit shall be provided by staff. If the applicant fails to supplement the deposit, processing shall halt and the time limit for review stayed until the deposit is supplemented in an amount equal to the estimated cost of completing review. Any unused portion of the deposit shall be returned to the applicant. [Ord. 3668 § 3, 2007]. Packet Pg. 210 2.1.b Chapter 4.72 BUSINESS LICENSE Sections: 4.72.010 Definitions. 4.72.020 Business license required. 4.72.023 Repealed. 4.72.025 Nonresident business — Threshold 4.72.030 Procedure. 4.72.040 Fee — Terms — Penalty. 4.72.050 Ineligible activities. 4.72.055 Denial of license — Hearing. 4.72.060 Revocation or suspension. 4.72.065 Transfer or sale of business — New license required. 4.72.070 Penalty for violation. 4.72.010 Definitions. In construing the provisions of this chapter, save when otherwise declared or clearly apparent from the context, the following definitions shall be applied: A. Person. The term "person" shall include one or more persons of either sex, corporations, partnerships, associations, or other entity capable of having an action at law brought against such entity, but shall not include employees or -of persons licensed pursuant to this chapter. B. Business. The term "business" includes all services and activities engaged in with the object of pecuniary gain, benefit or advantage to the person, or to any other person or class, directly or indirectly, whether part-time or full-time, except those businesses or occupations which are regulated pursuant to, or for which licenses or franchises are required by, the following chapters of the Edmonds City Code: 3.20 (Business License and Occupation Tax); 4.12 (Peddlers, Solicitors .,,,..] Street Vendors); 4.20 (Liquor- T ; o es) 4.48 (Cab.,ro. rl.,ncesl. 4.50 (Lieensing of D..I 4e Massage Paflar-s and Public BathL.,,,,ses)• 4.56 (Seu d'1'r..eks). 4.60 (T.,..;,.abs)• 4.68 (Community Antenna Television Systems); 4.75 (D,,..m,.r kers); and ethe nonbusiness activities carried on by a religious, charitable, benevolent, fraternal or social organization. C. Rental Unit. The term "rental unit" shall mean a separate room or apartment leased for human occupancy and contained within a single structure, and shall include the operations of rooming houses, boarders within private residences and the operation of bed and breakfast establishments. D. Private Residence. The term "private residence" shall mean a separate, free-standing structure leased for residential purposes and human occupancy by one "family" as defined by ECDC 21.30.010. Packet Pg. 211 E. Day. The term "day" when used in this chapter shall refer to days on which the city of Edmonds City Hall is open for business. Any day which is defined as a holiday by ordinance and any day on which City Hall has been closed by executive order shall not constitute a "day." F. "Business Licensing Service" or "BLS" means the office within the Washington State Department of Revenue providing business licensing services to the city. G. "Engaging in business" (1) The term "engaging in business" means commencing, conducting, or continuing in business, and also the exercise of 4) corporate or franchise powers, as well as liquidating a business when the liquidators thereof hold themselves out to the public r- as conducting such business. c (2) This section sets forth examples of activities that constitute engaging in business in the City, and establishes safe harbors 0 for certain of those activities so that a person who meets the criteria may engage in de minimus business activities in the City 0 without having to pay a business license fee. The activities listed in this section are illustrative only and are not intended to narrow the definition of "engaging in business" in subsection (1). If an activity is not listed, whether it constitutes engaging in business in the City shall be determined by considering all the facts and circumstances and applicable law. (3) Without being all inclusive, any one of the following activities conducted within the City by a person, or its employ agent, representative, independent contractor, broker, or another acting on its behalf constitutes engaging in business and requires a person to register and obtain a business license. (a) Owning, renting, entire , leasing, easing, maintaining, or havingthe he right to use, or using tangible personal property, intangible d personal property, or real property. permanently or temporarily located in the City. J N (b) Ownin , renting, entire ,1g easing using, or maintaining, an office, place of business, or other establishment in the City._ U) c .y ales. (c) Solicitingsales. 00 ( Making repairs or providing maintenance or service to real or tangible personal property, including warranter � work and property maintenance. (e) Providing technical assistance or service, including quality control, product inspections, warranty work, or ~ similar services on or in connection with tangible personal property sold by the person or on its behalf. o (f) Installing, constructing or supervising installation or construction of, real or tangible personal property. (l Soliciting, negotiating,or approving franchise, license, or other similar agreements. d m (h) Collecting current or delinquent accounts. c U (i) Picking 0 and transporting tangible personal property, solid waste, construction debris, or excavated materials. E are, (i) Providing disinfecting and pest control services, employment and labor pool services, home nursingcare, janitorial services, appraising, landscape architectural services, security system services, surveying, and real estate N services including the listing of homes and managing real property. c (k) Rendering professional services such as those provided by accountants, architects, attorneys, auctioneers, consultants, engineers,professional athletes, barbers, baseball clubs and other sports organizations, chemists, w consultants, psychologists, court reporters, dentists, doctors, detectives, laboratory. operators, teachers, veterinarians. d (1) Meeting with customers or potential customers, even when no sales or orders are solicited at the meetings_ (m) Training or recruiting agents, representatives, independent contractors, brokers or others, domiciled or operating M on a job in the City, acting on its behalf, or for customers or potential customers. Q (n) Investigating, resolving, or otherwise assisting in resolving customer complaints. (o) In-store stocking or manipulating products or goods, sold to and owned by a customer, regardless of where sale and delivery of the goods took place. (p) Delivering goods in vehicles owned, rented, leased, used, or maintained by person or another actin on n its behalf. (4) If a person, or its employee, agent, representative, independent contractor, broker or another actin o�person's behalf, engages in no other activities in or with the City but the following, it need not register and obtain a business license. (a) Meeting with suppliers of goods and services as a customer. Packet Pg. 212 (b Meeting with government representatives in their official capacity, other than those performing contracting or purchasing functions. (c) Attendingmgs, such as board meetings, retreats, seminars, and conferences, or other meetings wherein the person does not provide training in connection with tangible personal property sold by the person or on its behalf. This provision does not apply to any board of director member or attendee engaging in business such as a member of a board of directors who attends a board meeting. d) Renting tangible or intangible nronertv as a customer when the nronerty is not used in the Citv. (e) Attending, but not participating in a "trade show" or "multiple vendor events". Persons participating at a trade d show shall review the City's trade show or multiple vendor event ordinances. c M (f) Conducting advertisingthrough hrough the mail. S L (g) Solicitingsales by phone from a location outside the City. 0 m (5) A seller located outside the City merely delivering goods into the City y means of common carrier is not required to register and obtain a business license, provided that it engages in no other business activities in the City. Such activities do not include those in subsection (4). The City expressly intends that engaging in business include any activity sufficient to establish nexus for purposes of applying the license fee under the law and the constitutions of the United States and the State c of Washington. Nexus is presumed to continue as lone as the taxpayer benefits from the activity that constituted the original 0 nexus generating contact or subsequent contacts. y c a) [Ord. 3900 § 2, 2012; Ord. 3834 § 3, 2011; Ord. 3439 § 1, 2003; Ord. 2562, 1986; Ord. 2536 § 2, 1985; Ord. 2315 § 1, 1982]. v J N 4.72.020 Business license required. It shall be unlawful for any person to operate, engage in or practice any business in the city of Edmonds without first having obtained a business license from the city. �f more than one business is located on a single premises, a separate license shall be required for each separate business conducted, operated, engaged in or practiced. [zc(i][Ord. 3282 § 1, 1999; Ord. 1139 § 1, 1965]. m 4.72.023 Registration of transient accommodations. Repealed by Ord. 3900. [Ord. 2566 § 1, 1986]. 4.72.025 Nonresident business — Threshold (the city must adopt one of the two options below) p Option 1 To the extent set forth in this section, the following persons and businesses shall be exempt from the license requirements as outlined in this chapter: (1) Any person or business whose annual value of products, gross proceeds of sales, or gross income of the business in the city is equal to or less than 12,000 [ZC(2jand who does not maintain a place of business within the city shall be exempt from the general business license requirements in this chapter. The exemption does not apply to re ugulatory license requirements or activities that require a specialized permit. OR, Option 2 For purposes of the license required by this chapter, any person or business whose annual value of products, gross proceeds of sales, or gross income of the business in the city is equal to or less than I$2,000 [ZC(31and who does not maintain a place of business within the city, shall submit a business license application as provided for in this chapter, but be exempt from the city license fee. The threshold and fee exemption does not apply to re ug latory license requirements or activities that require a specialized permit. 4.72.030 Procedure. A. Application for the business license shall be made in icing to the city elerk upon ^ form provided by the city elerk, and the businesses,appliean4 shall at the same time deposit with the city elerk in a&ance the license fee herein required. The application shall state nature and address or addresses of the business or businesses, or proposed business or of the appliean4, and such other information as requested by the city eler' to the Business Licensing service, and must include all information required for the licenses requested, and total fees due for all licenses requested, as well as the handlingfee ee required by RCW 19.02.075. Packet Pg. 213 2.1.b C—The city clerk shall present the information from all applications for city business licenses to the mayor. The mayor shall cause an investigation of the application to be made by the proper city officials and shall grant or refuse to grant the license within 15 days of the date of receipt of the application information. If an application is refused the reason for refusal shall be designated on the application. The fee shall not be refunded. [Ord. 1139 § 1, 1965]. 4.72.040 Fee — Terms — Penalty. A Commencing january 1 1977 buss e Business licenses required to be obtained pursuant to this chapter shall be issued ^^ calendar year basis and shall expire on the date established by the Business Licensing Service. The renewal application must be submitted to the Business Licensing Service. and must contain all reauired information that may be reauired for all licenses bein renewed, and the total fees due for all licenses being renewed, as well as the handlingfee ee required by RCW 19.02.075.December- 31 st of the year for which they are issued. C C B. The annual amounts of Fees fees for an annual the city business licenses issued hereunder shall be as follows: O 1. The fee for an application for a new business license for any business that is not a home occupation, as provided in ECDC 20.20.010, to be operated from any real estate within the city of Edmonds shall be $125.00; Q. 2. The fee for an application for a new business license for a new home occupation business, as provided in ECDC 20.20.010, to 'a) be operated from any residential real estate within the city of Edmonds shall be $100.00; V 3. The fee for an application for a new ciybusiness license for any other business conducted for, under contract with or by providing services to any person within the city, and issued directly by the city, shall be $50.00, payable directly to the city; and a) J 4. The fee for an application for an annual renewal of a ci business license shall be $50.00 for any business operated within the U) city of Edmonds. c 5. The term and respective fee amount for a license may be prorated to accommodate synchronizing of the city license expiration m date with the business license account expiration date established by the Business Licensing Service. C. All businesses required to renew licenses hereunder shall obtain the same and pay all fees required on or before Ta+Fa r-y 3 1 st ^F eaeh respee ve yeaAhe expiration date established by the Business Licensing Service. Any business which fails to renew and pay the license fees within said period of time shall, in addition to any other penalties provided in this chapter, be assessed a -the penalty for such late application and/or payment required by RCW 19.02.085. The penalty for late renewal and i^r ,.,,..men4 made betwe^ , said�Failure to renew a license within 120 days after expiration will result in the cancellation of the license and will require reapplication for the license as provided in this chapter in order to continue business in the city. D. Repealed by Ord. 3036. [Ord. 3976 § 1, 2014; Ord. 3710 § 1, 2008; Ord. 3282 § 2, 1999; Ord. 3084 § 1, 1996; Ord. 3036 §§ 1, 2, 1995; Ord. 2191 §§ 1, 2, 1981; Ord. 1828 § 1, 1976; Ord. 1139 § 1, 1965]. 4.72.050 Ineligible activities. Notwithstanding any provisions hereof to the contrary, a license hereunder may not be issued to any person who uses or occupies or proposes to use or occupy any real property or otherwise conducts or proposes to conduct any business in violation of the provisions of any ordinance of the city of Edmonds or the statutes of the state of Washington. The granting of a business license shall in no way be construed as permission or acquiescence in a prohibited activity or other violation of the law. [Ord. 1139 § 1, 1965]. 4.72.055 Denial of license — Hearing. In the event that a license is denied under this chapter based on the provisions of ECC 4.72.050, or for any other lawful reason, the applicant may request a hearing. Such request shall be in writing and filed within 10 days of the date of written denial by the city of a license application. A hearing shall be scheduled within 30 days before the hearing examiner. The hearing shall proceed in the following format: A. The applicant/appellant shall present proof of the nature of the activities which it seeks to conduct pursuant to a business license in the city of Edmonds. B. The city shall have the burden of establishing, by a preponderance of the evidence, that the activities are in violation of a provision of any ordinance of the city of Edmonds, or the general statutes of the state of Washington. C. The applicant/appellant may then present any rebuttal testimony which it wishes to present. Packet Pg. 214 2.1.b The hearing examiner shall enter written findings of fact and conclusions of law. No motion for reconsideration shall be available to either party. Appeal of the final decision shall be to the Snohomish County superior court in accordance with the applicable laws of the state of Washington. [Ord. 3834 § 1, 2011]. 4.72.060 Revocation or suspension. The mayor or his designee may, at any time, suspend or revoke any license issued hereunder whenever the licensee or officer or partner thereof has been convicted in any court of competent jurisdiction of violating any statute of the United States or the state of Washington or any ordinance of the city of Edmonds upon the business premises stated in the license or in connection with the business stated in the license; where the business activity violates ECC 4.72.050; or where the place of business does not conform to the ordinances of the city of Edmonds. Prior to such suspension or revocation, the permittee shall be provided an opportunity for a hearing. The licensee shall be notified in writing by sending a written notice to the address stated on the license of the intention of the city to revoke or suspend said license. The applicant may then appeal by filing written notice with the city clerk within 10 days of the notice of revocation or suspension. The city clerk shall schedule a hearing within 20 days before the hearing examiner. The licensee may appear at that time and be heard in opposition to such revocation or suspension. [Ord. 3834 § 2, 2011; Ord. 1139 § 1, 1965]. 4.72.065 Transfer or sale of business — New license required. Upon the sale or transfer of any business licensed by this chapter, the license issued to the prior owner or transferor shall automatically expire on the date of such sale or transfer and the new owner intending to continue such business in the city of Edmonds shall apply for a new business license pursuant to the procedures established by this chapter. [Ord. 2315 § 2, 1982]. 4.72.070 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. 1139 § 1, 1965]. Packet Pg. 215 2.1.b Chapter 4.75 PAWNBROKERS Sections: 4.75.010 License required. 4.75.020 Exemption. 4.75.030 Definitions. 4.75.035 Regulatory rule making — By chief of police. 4.75.040 License fees. 4.75.050 Location. 4.75.060 Application for license. 4.75.070 Criteria for denial or revocation of license. 4.75.080 Request for hearing. 4.75.100 Records required. 4.75.110 Records and articles to be available for inspection. 4.75.120 Seller or consignee to give true name and address. 4.75.130 Transcript to be furnished. 4.75.140 Retention of property. 4.75.150 Ammunition sales or storage. 4.75.160 Interest rates. 4.75.170 Police holds. 4.75.180 Transactions with prohibited persons. 4.75.190 Penalty. 4.75.010 License required. It is unlawful for any person, firm or corporation to engage in the business of pawnbroker or secondhand dealer without first obtaining a license pursuant to the provisions of this chapter. The license required under this chapter is in addition to a business license that may be required under Chapter 4.72 ECC. [Ord. 2431, 1984]. 4.75.020 Exemption. This chapter shall not apply to any bona fide charitable or nonprofit organization, nor shall it apply to any merchants or dealers whose business is limited to used or secondhand clothing, or to any merchant or dealer whose business is limited to the sale of used or secondhand books. [Ord. 2431, 1984]. 4.75.030 Definitions. A. The term "pawnbroker" as used in this chapter, means and includes every person who takes or receives by way of pledge, pawn or exchange, goods, wares, or merchandise or any kind of personal property whatever, for the repayment of security of any money loaned thereon, or to loan money on deposit of personal property, or who makes public display of any sign indicating that he has money to loan on personal property on deposit or pledge. B. The term "secondhand dealer" as used in this chapter, means and includes every person who as a business engages in the purchase, sale, barter, auction, sale on consignment, or otherwise exchanges secondhand goods, or who keeps a store, shop, room or other place where secondhand goods of any kind or description are bought, sold, traded or bartered, pledged, auctioned, sold on consignment, or otherwise exchanged; provided, however, that this term shall not apply to those persons engaged in the business of selling used or secondhand motor vehicles, boats and other recreational vehicles. Secondhand dealer also includes persons or entities conducting business at flea markets or swap meets, more than three times per year. C. The term "secondhand goods" when used in this chapter means and includes any and all used, remanufactured, or secondhand goods purchased or kept for sale by a dealer in secondhand goods including metal, junk or melted metals; provided, however, such term shall not be construed to include used or secondhand motor vehicles, boats and other recreational vehicles. D. The term "item of interest" shall mean and include items of property which are commonly stolen and fenced or offered for sale as stolen goods, and which are therefore of interest to the Edmonds police department. Such items shall at a minimum include jewelry, precious metals, gem stones, electronic equipment such as stereos and stereo components, radios, televisions, CB radios, radar equipment and microwave ovens; guns, coins, photographic equipment, tools, silverware, scrap metal, musical instruments, bicycles, sporting goods such as fishing tackle, camping gear, scuba gear and other such sporting equipment; marine equipment such as boats, Packet Pg. 216 outboard motors, depth sounders and such other items of personal property as are either deemed suspicious or unusual by the licensee or which has been identified as items of interest in accordance with the provisions of ECC 4.75.035. E. The term "melted metals" means metals derived from metal junk or precious metals that have been changed to a melted state from other than ore or ingots which are produced from ore which has previously been processed. F. The term "metal junk" means any metal that has previously been milled, shaped, stamped or that is no longer useful in its original form, except precious metal. G. The term "nonmetal junk" means any nonmetal commonly discarded item that is worn out, or outlived its usefulness as intended in F its original form except nonmetal junk does not mean an item made in a former period which has enhanced value because of its age. C c H. The term "precious metals" means gold, silver, and platinum. [Ord. 2850 § 1, 1991; Ord. 2701, 1989; Ord. 2431, 1984]. O 4.75.035 Regulatory rule making — By chief of police. Whenever the chief of police shall determine that an item of personal property is or has become an item which is commonly stolen and fenced or otherwise offered for sale as stolen property, he may at his discretion add such item to the list of "items of interest" established by this chapter, specifically ECC 4.75.030(D) or by previous rule making. The chief shall make his determination in writing and shall notify each holder of a license under this chapter that a particular item of personal property has become an "item of -a) G interest" in accordance with the provisions of this chapter. He shall cause such written notification to be deposited postage paid in the V U.S. mail to each holder of a license and shall provide copies of such determination to the city clerk for distribution to future licensees. The chief s determination that an item of personal property has become an "item of interest" in accordance with the provisions of this 4) chapter shall become effective 30 days after such mailing and on that date shall be incorporated into ECC 4.75.030(D) as fully as if herein set forth. The chiefs determination may be appealed to the city council by the filing of an appeal notice with the city clerk N within said 30-day period. The city council shall hear said appeal at a public hearing, and its decision shall be final. Said decision shall c represent the legislative determination of the council and is not applicable as a quasi judicial determination by writ of certiorari. [Ord. y 2701, 1989; Ord. 2431, 1984]. m 4.75.040 License fees. A. The fee for a pawnbroker's license shall be the same as the annual fee for a business license. H B. The fee for a secondhand dealer's license shall be the same as the annual fee for a business license. c C. All license fees required under this section shall expire on December 31st of each respective year and all licenses taken out after June 30th of each respective year shall pay one-half of the annual license fee for that year and upon such payment shall be issued a license for the remaining portion of said calendar year. D. The license shall be in lieu of the city business license and shall not be assignable or transferable. Further, the obtaining of a pawnbroker's license shall preclude the need for a secondhand dealer's license. [Ord. 2701, 1989; Ord. 2431, 1984]. 4.75.050 Location. No license for a pawnbroker or secondhand dealer shall be issued to conduct the business in any area of the city outside those areas zoned BC, CG, and BN, as set forth in the official zoning maps of the city. [Ord. 2431, 1984]. 4.75.060 Application for license. A. All applications for issuance or renewal of a pawnbroker's or secondhand dealer's license shall be made to and filed with the city clerk on forms furnished for such purpose, and shall be accompanied by the required fee. This application shall state the true name of the applicant, who shall not be less than 18 years of age, the names of all persons having financial, proprietary or other interest in such pawn shop or secondhand shop, together with such other information as the city clerk deems appropriate. Any pawnbroker or secondhand dealer now in business shall apply for such license as provided herein within 10 days after the effective date of the ordinance codified herein. B. Upon the filing of an application, it shall then be referred to the Edmonds police department for investigation, report and recommendation. Within 30 days after receipt of a copy of the application, the police department shall investigate the statements set forth in the application and report to the city clerk whether the application contains false, misleading or incomplete information. The police department shall, at the same time and as part of its report to the city clerk, render a written recommendation as to approval or denial of the application for permit or renewal thereof. C. Within 30 days after receiving the aforementioned report and recommendation from the police department, the city clerk shall grant or deny the permit or renewal thereof. If, from the information supplied to the city clerk, it appears that the application is proper and the statements contained in the application are true and complete, and that the applicant has complied with all the requirements of the Packet Pg. 217 2.1.b Edmonds City Code, the city clerk shall issue a license to the applicant. Otherwise, the license application shall be denied. [Ord. 2431, 1984]. 4.75.070 Criteria for denial or revocation of license. The city clerk may deny a license to any applicant or may suspend or revoke any and all licenses or permits of any holder when such person, or any other person with any interest in the application for, or holder of, such license or permit: A. Knowingly causes, aids, abets, or conspires with another to cause any person to violate any of the laws of this state or the city of Edmonds; B. Has obtained a license or permit by fraud, misrepresentation, concealment, or through inadvertence or mistake; d c C. Shall fail to display its license on the premises where the licensed activity is conducted at all times during the operation of the licensed activity; O m D. Makes a misrepresentation of, or fails to disclose, a material fact to the city; 0. E. Has violated any section of this chapter. [Ord. 2431, 1984]. 0 4.75.080 Request for hearing. 0 When the city clerk determines that there is cause for denying, suspending or revoking any license issued pursuant to this chapter, the y clerk shall notify the person holding such license by registered or certified mail, return receipt requested, of the clerk's decision. Notice mailed to the address on file shall be deemed received three days after mailing. The notice shall specify the grounds for the J denial, suspension or revocation. The suspension or revocation shall become effective 10 days from the date the notice is delivered or y deemed received unless the person affected thereby files a written request with the clerk for a hearing before the city council within m such 10-day period. The city council shall set and hold a hearing within 30 days following receipt of such request. Appeal from a decision of the city council shall be to the Snohomish County Superior Court and must be served and filed within 30 days of the m decision of the city council. In the event the applicant or license holder does not follow the procedures within the time periods set forth -- above, the license of said person shall be denied, suspended or revoked, and that action shall be final. [Ord. 2431, 1984]. d 4.75.100 Records required. H Every pawnbroker and secondhand dealer shall maintain at his place of business a record in which he shall at the time of such loan, purchase or sale, enter, in the English language, written in ink, the following information: .N A. The date of the transaction. B. The printed name, signature, date of birth, street and house number, telephone number, the general description of the size, complexion, color of hair of the person with whom the transaction is made, including the identification which the customer shall present to verify his or her identity, pursuant to ECC 4.75.100 and the serial or other number of such identification. C. The name, street and house number, and telephone number of the owner of the property bought or received in pledge. D. The street and house number and telephone number of the place from which the property bought or received in pledge was last removed. E. A complete description of the property bought or received in pledge, which shall include the name of the maker of such property or the manufacturer thereof and the serial number, model number or name, any initials, or engravings, if the article has such marks on it, or any other inscriptive or identifying marks, which, in the case of watches, shall contain the name of the maker and the number of both the works and the case. The description shall also include size, patterns and color of stone or stones, and in the case of firearms, the caliber, barrel length, type of action, and whether it is a pistol, rifle or shotgun; provided, that when the article received is furniture or the contents of any house or room actually inspected on the premises where the sale is made, a general description of the property shall be sufficient. F. The price paid or the amount loaned. G. The number of any pawn tickets issued therefor. H. The names, streets and house numbers, and telephone numbers of all persons witnessing the transaction. Packet Pg. 218 2.1.b I. The nature of the transaction, a number identifying the transaction, the store identification or the name and address of the business and the name of the person or employee, or the identification number of the person or employee conducting the transaction and making the entries required herein, and the location of the property. [Ord. 2850 § 2, 1991; Ord. 2431, 1984]. 4.75.110 Records and articles to be available for inspection. All books and other records of any pawnbroker or secondhand dealer relating to purchase, pledge, exchange, receipt of any goods, wares, merchandise, or other articles or things of value, shall at all times be open for inspection by the city attorney or any peace officer; and all articles and things received, purchased or left in pledge with the pawnbroker or secondhand dealer shall at all times be open to like inspection. All books and other records shall be maintained wherever that business is conducted for three years following the date of transaction. [Ord. 2850 § 3, 1991; Ord. 2431, 1984]. 4.75.120 Seller or consignee to give true name and address. Anyone who pledges, sells or consigns any property to or with a pawnbroker or secondhand dealer shall sign the records required to be kept by such pawnbroker or secondhand dealer with his or her true name, shall include his or her correct address and telephone number and shall provide for inspection by the licensee of one of the following which shall contain a photograph of the individual: A. Driver's license, instruction permit or identification card of any state or a province of Canada, or "identicard" issued by the Washington State Department of Licensing pursuant to RCW 46.20.117; B. United States active duty military identification; and/or C. Passport. [Ord. 2850 § 4, 1991; Ord. 2701, 1989; Ord. 2431, 1984]. 4.75.130 Transcript to be furnished. A. It is the duty of every pawnbroker and secondhand dealer to furnish to the police department, on such forms as the police department may provide a full, true and accurate transcript recording of all transactions occurring on a given day involving any item of interest as defined by this chapter or department rule, within 48 hours of the close of business. B. It is also the duty of any pawnbroker or secondhand dealer having good cause to believe any property in his possession has been previously lost or stolen, to report such fact to the police department immediately, together with the name of the owner, if known, and the date and name of the person from whom the same was received by such pawnbroker or secondhand dealer. [Ord. 2701, 1989; Ord. 2431, 1984]. 4.75.140 Retention of property. No property which has been determined to be an item of interest under the provisions of this chapter or departmental rule and which has been bought or received in pledge by any pawnbroker or secondhand dealer shall be removed from such place of business within 30 days after notification to the police department as provided in this chapter, except when redeemed by the owner thereof. [Ord. 2701, 1989; Ord. 2431, 1984]. 4.75.150 Ammunition sales or storage. It is unlawful for any pawnbroker or pawnshop to purchase, store or offer for sale or trade, any firearms ammunition. [Ord. 2431, 1984]. 4.75.160 Interest rates. All pawnbrokers, or pawnshops shall not charge interest rates in excess of those allowable under the laws of the state, Chapter 19.60 RCW, as now in effect and as they may, from time to time, be amended, and every person who shall ask or receive a higher rate of interest or discount on any such loan, or any actual or pretended sale or redemption of personal property, or who shall sell any property held for redemption, within 90 days after the period of redemption shall have expired, shall be deemed guilty of violation of this chapter. [Ord. 2431, 1984]. 4.75.170 Police holds. A. A police officer may place a "hold" upon property in the possession of a pawnbroker and/or pawnshop which is reported to be stolen by notifying the pawnbroker and/or pawnshop and making an entry upon the permanent record required by ECC 4.75.080, indicating that such item is stolen property. The licensee shall then: 1. Tag or otherwise reasonably identify the item; 2. Hold it in a place on the business premises of the dealer to which police officers shall have access at any time during the dealer's regular business hours; and 3. Keep the item safe from alteration, loss, damage, or commingling with other goods. Packet Pg. 219 2.1.b B. In cases where the police have placed verbal hold on an item, the police must then give written notice within 10 business days. If such written notice is not received within that period of time, then the hold order will cease. C. In any event, the hold will expire at the end of 120 days, unless renewed in writing by a law enforcement officer. The renewal period shall be of the same duration. Property held shall not be released for 120 days from the date of police notification unless released by written consent of the police chief or his or her designee or by an order of a court of competent jurisdiction. The pawnbroker shall give 20 days' written notice before the expiration of the 120-day holding period to the police chief or his or her designee about the stolen property. If notice is not given within the required 20-day period, then the hold on the property shall continue for an additional 120 days. The police chief or his designee may renew the holding period for additional 120-day periods as necessary. 4) D. After receipt of notification from a pawnbroker or secondhand dealer, if an additional holding period is required, the police shall c c give the pawnbroker or secondhand dealer written notice, prior to the expiration of the existing hold order. The police shall not place O on hold any item of personal property unless that agency reasonably suspects that the item of personal property is a lost or stolen item. Any hold that is placed on an item will be removed as soon as practicable after the item on hold is determined not to be stolen or lost. m [Ord. 2850 § 5, 1991; Ord. 2779 § 1, 1990; Ord. 2431, 1984].]. Q. 4.75.180 Transactions with prohibited persons. It is unlawful for any pawnbroker or secondhand dealer, his agent, employee or representative to purchase or exchange any article or V thing from any person under 18 years of age, or from any person who is at the time intoxicated, or from any habitual drunkard or from any person addicted to the use of narcotic drug, or from any person who is known to be a thief, a receiver of stolen goods, or from any c person whom he has reason to suspect to believe to be such. Notification by the police department given to such licensee, his agent, a) employee or representative, that a person has been convicted of burglary, larceny or receiver of stolen goods, shall constitute sufficient J notice of such convictions under the provision of this chapter, and shall be prima facie evidence that the licensee, his agent, employee N or representative, has due notice thereof. [Ord. 2431, 1984]. c .y 4.75.190 Penalty. m It is a gross misdemeanor for: v A. Any person to remove, alter, or obliterate any manufacturer's make, model, or serial number, personal identification number, or d identifying marks engraved or etched upon an item of personal property that was purchased, consigned, or received in pledge. In ~ w addition, an item shall not be accepted for pledge or a secondhand purchase where the manufacturer's make, model, or serial number, o personal identification number, or identifying marks engraved or etched upon an item of personal property has been removed, altered, y or obliterated; B. Any person to knowingly make, cause or allow to be made any false entry or misstatement of any material matter in any book, record, or writing required to be kept under this chapter; C. Any pawnbroker or secondhand dealer to receive any property from any person under the age of 18 years, any person under the influence of intoxicating liquor or drugs, or any person known to the pawnbroker or secondhand dealer as having been convicted of burglary, robbery, theft or possession of or receiving stolen property within the past 10 years whether the person is acting in his or her own behalf or as the agent of another; or D. Violate any provision of this chapter by any act of either omission or commission. [Ord. 2850 § 6, 1991; Ord. 2701, 1989; Ord. 2431, 1984]. Packet Pg. 220 2.1.b Chapter 4.80 AIRCRAFT LANDING PERMITS Sections: 4.80.010 Definitions. 4.80.020 Aircraft landings unlawful without permit. 4.80.030 Permit issuance. 4.80.040 Permit application and documents. 4.80.050 Permit revocation. 4.80.060 Inspection fee. 4.80.010 Definitions. A. Aircraft. Any contrivance now known, or hereafter invented, used or designated for manned navigation of or manned flight in the air, including but not limited to, airplanes, helicopters or balloons. B. Aircraft Landing. Any maneuver by an aircraft which causes any part of such aircraft to contact the ground or any structure on the ground, or to come within proximity of the ground or any such structure. [Ord. 2366 § 2, 1983]. 4.80.020 Aircraft landings unlawful without permit. It shall be unlawful for any person to land, or permit to land, an aircraft in the city of Edmonds except occasionally in the following zoning districts and only when an aircraft landing permit has been issued in advance of such landing: General Commercial (CG), Commercial Waterfront (CW), Commercial Business (BC) or publicly owned property designated for school or recreational uses. Emergency, rescue, fire, law enforcement, hospital and military operations are exempt from the requirements of this section. [Ord. 2388, 1983; Ord. 2366 § 3, 1983]. 4.80.030 Permit issuance. The city clerk or designee is authorized to issue, issue with conditions, or deny aircraft landing permits after circulating an application and receiving recommendations from the police, fire, public works, planning departments and any other concerned department. Permits shall be issued or issued with conditions only if the proposed landing will pose no substantial threat to the health, safety or welfare of the surrounding community, otherwise permits shall not issue. Only occasional, infrequent aircraft landings may be authorized; frequent, regular, scheduled aircraft landings such as at an airport, heliport or helispot, are not to be permitted. [Ord. 2366 § 4, 1983]. 4.80.040 Permit application and documents. A. Applications for aircraft landing permits shall be accompanied by a fee for administrative expenses in the amount of $50.00, shall be on forms provided by the city clerk, and shall contain the following information: 1. Name, address, telephone number of applicant. 2. Description of aircraft involved specifying type, manufacturer, dimensions, gross weight with fuel, type of fuel, passenger capacity, cargo weight limits, FAA license registration number, and minimum area required for landing and take off. 3. Purpose for landing. 4. Site of landing including name, address and telephone number of property owner(s). 5. Time of landing or landings. 6. Weather conditions that would make a landing unsafe. 7. Proposed safety precautions on site. 8. Ground facilities that will be required for refueling, maintenance, servicing, loading or unloading, and any other appurtenance necessary on the ground for such landing. 9. Experience of pilot or operator and license number if applicable. B. The applicant shall provide the following documents: Packet Pg. 221 1. Hold harmless agreement for the benefit of the city signed by the person responsible for such landing. 2. Permission to land signed by the person with legal possession of the land, whether landowner or tenant, if such person is not the applicant. [Ord. 2366 § 5, 1983]. 4.80.050 Permit revocation. The mayor, fire chief or police chief, or their designees, are authorized to revoke any permit issued pursuant to this chapter if there is probable cause to believe that the aircraft landing is not or will not be carried out in the manner prescribed by the permit, or the aircraft landing will pose a substantial threat to the public health, safety or welfare. The applicant shall be notified promptly of the permit revocation. A decision to issue or deny a permit may be appealed to the city council provided the aggrieved party files a written appeal with the city clerk within 10 days of the date of the permit decision. [Ord. 2366 § 6, 1983]. 4.80.060 Inspection fee. In addition to the permit fee levied by this chapter, the applicant shall pay charge equal to the actual cost of fire inspection in accordance with the provisions of ECDC 19.75.065. [Ord. 3452 § 6, 2003]. Packet Pg. 222 2.1.b Chapter 4.85 HORSE TAXIS Sections: 4.85.010 Definitions. 4.85.020 Activities requiring license. 4.85.030 Vehicle license — Application. 4.85.040 Expiration. 4.85.050 Transfer. .-. 4.85.060 Rates and charges. 4.85.070 Required records. E 4.85.080 Licensee obligations. 4.85.090 Police chief requirements. m 4.85.100 Driver's license — Application. 4.85.125 License and other related fees. Q. 4.85.130 Issuance. 4.85.140 Display. c 4.85.150 Violations. V d N C N V 4.85.010 Definitions. A. A "horse taxi" is a nonmotorized vehicle drawn by a horse, pony, mule, donkey or the like, such as a horse carriage, used for the N transportation of passengers and incidental baggage for compensation upon the streets of the city of Edmonds, available for use by the general public. W 00 B. An "animal" in this chapter refers to horses, ponies, mules, donkeys or the like, used to draw a horse taxi. [Ord. 2843 § 1, 1991 ]. 4.85.020 Activities requiring license. d No person may own, operate, use, or drive a horse taxi unless the vehicle is licensed under this chapter and no person may drive a ~ horse taxi without a driver's license issued under this chapter. The licenses required under this chapter are in addition to a business license that may b�quired under Chapter 4.72 ECC. [Ord. 2843 § 1, 1991]. y 4.85.030 Vehicle license — Application. An applicant for a horse taxi license must submit: A. Proof of ownership or lessee's interest in the vehicle; 0 V 0 B. The name and address of the owner of the vehicle; C. The make, model, year of manufacture, color, and any identifying number of the vehicle; D. A certificate of public liability insurance, naming the city as an additional insured, providing coverage for the term of the license applied for, in the minimum amounts of $100,000 for any recovery for death or personal injury by one person, $300,000 for aggregate personal injuries or deaths in any one occurrence and $25,000 for damage to property. The insurance liability limits herein shall be subject to automatic increase if the minimum coverage required by state law is increased for state for -hire vehicle permits, pursuant to Chapter 46.72 RCW. Such policy shall provide minimum 30 days' written notice to the city of the cancellation of the policy or change in the liability limits; and E. The schedule or schedules of rates and charges in the form required by ECC 4.85.060. [Ord. 2843 § 1, 1991]. 4.85.040 Expiration. A horse taxi license expires on March 3lst of each year. [Ord. 2843 § 1, 1991]. 4.85.050 Transfer. A horse taxi license is not transferable to another person or vehicle. [Ord. 2843 § 1, 1991]. Packet Pg. 223 2.1.b 4.85.060 Rates and charges. A. The city does not regulate the rates and charges of horse taxis except to require that they be uniform for all vehicles of the same company, that certain measures be taken before rates are changed, that they not illegally discriminate against any person or class of person, and that the rate schedule include certain items. B. Before putting into effect changed rates, a licensee must file the new schedule or schedules with the city clerk or her/his designee at least 15 days in advance. C. If applicable, a licensee must include in the required rate schedule charges for: d 1. Waiting time, on an hourly basis; C c 2. Initial drop on all trips including the first tenth of a mile; O 3. Distance based on uniform increments of one -tenth of a mile; c� 4. Each additional passenger; 0- m 5. Additional baggage, per piece, not including baggage which can be carried on by the passenger. 0 0 D. Any separate rates for service charged by the licensee must clearly specify when and under what conditions the respective rates will y apply. C a) 0 E. A licensee may by written contract establish a fare for specific transportation different than the filed rate. [Ord. 2843 § 1, 1991]. J 4.85.070 Required records. c Every holder of a horse taxi license must keep the license and all documents showing compliance with the requirements of this code available for inspection by the city clerk or her/his designee at the office address shown on the license. If the holder operates only one M horse taxi, the records may be kept on the holder's person or with the taxi in which case they shall be available for inspection by any police officer of the city. Every licensee must keep the required records at least three years. [Ord. 2843 § 1, 1991]. d 4.85.080 Licensee obligations. Every licensee has an affirmative and continuing obligation to ensure that: A. All records, documents and information required under this code be kept current and accurate; B. No vehicle be operated by a driver under the influence of intoxicating liquor or drugs; C. Neither the licensee nor any employee engage in any unfair method of competition or deceptive practice; and D. The animal or animals shall be treated in a safe and humane manner in accordance with all state or local laws and receive prompt veterinary care for any illness or injury. [Ord. 2843 § 1, 1991]. 4.85.090 Police chief requirements. A. Because of the relative lack of speed and maneuverability of horse taxis, the chief of police may impose special requirements on the vehicle license, including prohibiting travel on certain arterials in the congested district or narrow streets and restricting the hours of operation on certain streets. Unless the vehicle is equipped with approved lighting, the chief may prohibit operation during hours of darkness or during times of low visibility. B. Although a horse taxi is subject to all traffic laws applicable to vehicles when operating on the public ways, the chief may approve a specific route set forth in the application including parkways, squares and other places not normally accessible to motor vehicles. C. Subject to the approval of the police chief, each owner/operator shall designate and make provision for an off street area to stand, park or discharge and load passengers. If the owner/operator of a horse taxi has not made provision for an off street area to stand, park or discharge and load passengers, the chief of police may designate an area or areas along city streets for such purpose after consultation with the city's traffic engineer. A fee shall be charged monthly for each former parking space required to be devoted to the horse taxi as a loading and unloading zone. When areas have been so designated, horse taxis shall not stand or park in any other area not designated for such use. Packet Pg. 224 2.1.b D. Notice of off-street or on -street areas designated in accordance with subsection (C) of this section shall be clearly posted to provide reasonable notice. Approval or denial of an off- or on -street area shall be appealable in the same manner as if it were a Type II decision (see Chapter 20.01 ECDC). [Ord. 3736 § 5, 2009; Ord. 2843 § 1, 1991]. 4.85.100 Driver's license — Application. An applicant for a horse taxi driver's license must submit: A. A statement: 1. Of name, age and address(es) for the last five years, 4) c 2. Of current and last preceding place of employment, c 3. Whether previously employed or licensed as a horse taxi driver and, if so, the reasons why not now so employed, 0 m 4. That he/she has been a licensed motor vehicle driver for at least two years, Q. 5. Of ability to read and speak the English language, 6. That he/she is not and has not for two years been addicted to the use of intoxicating liquor or drugs. U d B. Proof: c d 1. That he/she holds a current, valid Washington State driver's license, U) N 2. That he/she has not been convicted of an offense involving moral turpitude, of a felony relating to fitness or ability to operate a c horse taxi within 10 years, or driving under the influence of intoxicants or reckless driving within one year, and M 00 3. The certification of the applicant's examining physician that the applicant is in reasonable physical condition capable of safely operating the horse taxi and handling and caring for the horse. C. Two recent photographs. [Ord. 2843 § 1, 1991]. 4.85.125 License and other related fees. A. The fee for a vehicle license issued under ECC 4.85.030 shall be $50.00 annually. B. The fee for a driver's license issued under ECC 4.85.100 shall be $25.00 annually. C. The fee for establishing a standing, parking or pick up zone shall be $175.00 per street parking space utilized per month. [Ord. 2843 § 1, 1991]. 4.85.130 Issuance. The city clerk or her/his designee causes one of the applicant's photographs to be incorporated into the license along with licensee's name and assigns a number to the license. [Ord. 2843 § 1, 1991]. 4.85.140 Display. Every driver must display her/his license in a conspicuous place inside the horse taxi clearly visible from the passenger compartment at all times when he or she is operating or in charge of the vehicle. [Ord. 2843 § 1, 1991]. 4.85.150 Violations. It is a violation and ground for suspension or revocation of a horse taxi driver's license, for any horse taxi driver to: A. Commit more than two traffic infractions in any 12-month period; B. Be guilty of a felony; C. Be guilty of reckless driving or driving offenses involving the use of alcohol; D. Fail to deliver to the police department within 24 hours any property of value left in a vehicle; E. Allow a person to enter or alight from the vehicle while it is in motion or pick up or discharge a passenger at any place other than the curb or pavement edge; Packet Pg. 225 F. Allow a passenger to consume intoxicating liquor or controlled substances in the vehicle; G. Pick up any additional passengers without the express consent of the original passenger; H. Refuse to pick up as a passenger any person of proper deportment when the vehicle is available, or discriminate against any person because of race, religion, national origin, sex, marital status, age, or mental or sensory handicap; I. By reason of neglect or intent to cause or allow any animal under his/her care to endure pain, suffering or injury or to fail or neglect to aid or attempt alleviation of pain, suffering or injury he/she has so caused to any animal under his/her care; J. Leave any animal under his/her care unattended, whether tethered or untethered, within any area of the city zoned for commercial use by the city zoning code; and K. Fail to promptly collect and properly dispose of manure or other debris related to the horse taxi's operation. [Ord. 2843 § 1, 1991]. Packet Pg. 226 2.1.b Chapter 4.90 PUBLIC MARKETS Sections: 4.90.010 Definitions. 4.90.020 Activities requiring a license. 4.90.025 Exemptions. 4.90.030 Prohibited activities. 4.90.040 Licensees limited to nonprofit community oriented organizations. 4.90.050 Sponsor licensee — Business license required when. 4.90.060 Repealed. 4.90.070 License fee. 4.90.080 Term of license. 4.90.090 Application for license. 4.90.100 Records. 4.90.110 Administration. 4.90.120 Violation of the provisions of the chapter — Civil infraction. 4.90.010 Definitions. A. "Public market" is defined in ECDC 21.80.103. B. "Vendor" shall mean any person, association, group, partnership, corporation or firm who exhibits goods or services in a public market provided through a duly licensed sponsor, for the purpose of selling, bartering, trading, exchanging or advertising such goods or services for sale. C. "Sponsor" shall mean any person, association, group, partnership, corporation or firm engaged in the business of providing to any vendor, directly or indirectly, sale spaces, areas or structures within a site licensed for a public market for the purpose of using such location during the term of the market's license. During the study phase in which the ordinance codified in this chapter is effective, the promoter shall be a nonprofit organization as described in ECC 4.90.040. [Ord. 3922, 2013; Ord. 3032 § 1, 1995; Ord. 3015 § 3, 1995]. 4.90.020 Activities requiring a license. It shall be unlawful for any person to own, use or permit property to be used as a public market until the market and site have been licensed under this chapter. No person shall then sell or offer for sale products at any location in conjunction with a market activity until sponsor has been duly licensed and each vendor submitted to the city. Nothing in this chapter shall be deemed to authorize activities to be conducted in accordance with the market's activities unless appropriately licensed as required under another provision of this code; provided, however, that business license requirements are limited as provided in ECC 4.90.050. For example, pawnbrokers and dealers of secondhand goods shall not conduct activities in accordance with a market until duly licensed in accordance with the provisions of Chapter 4.75 ECC. Licensing under the provisions of this chapter shall be an alternative to special event licensing under the authority of the city council or a license for a public amusement as required under Chapter 4.32 ECC, and is in addition to a business license that may be required under Chapter 4.72 ECC. A. It shall be unlawful for any person to sell or offer for sale goods at a public market unless such person has been listed on the application fee of the licensee and paid the processing requirement specified herein. B. All structures employed on the site shall comply with the requirements of the State Building Code, including but not limited to the Uniform Building and Fire Code elements. C. The activities of the public market shall be limited to daylight hours on Saturday and Sunday of each week within public rights -of - way, but extended hours are allowed up to 10:00 p.m. for any day of the week if the market takes place outdoors on private property or public property not located within public rights -of -way. Operational hours related to activities of the public market are not limited when the market takes place within a fully enclosed building. [Ord. 3922, 2013; Ord. 3015 § 3, 1995]. 4.90.025 Exemptions. The provisions of this chapter shall not be applied to: Packet Pg. 227 A. Require any farmer, gardener or other person who sells any fruits, vegetables or other farm produce or edibles produced by such person within Snohomish County, Washington, and exempt pursuant to RCW 36.71.090 from paying any fee or application. Such persons are exempt from the licensing and fee requirements of ECC 4.90.070 but may be listed by the licensee as a vendor when sales are conducted in conjunction with a public market. [Ord. 3922, 2013; Ord. 3015 § 3, 1995]. 4.90.030 Prohibited activities. It shall be unlawful for any person to own, use or permit property to be used for any of the following prohibited acts in conjunction with the market and unlawful for any person to conduct any of the following acts in conjunction with the public market: A. The sale of any raw meat, fish or poultry product unless approved in writing for inclusion by the Snohomish County health district; .0 B. The sale of any beverage or foodstuff unless appropriately licensed from the Snohomish County health district; and c c L C. No sound amplification system shall be used in conjunction with the market which produces noise which is audible beyond the O boundaries of the area designated in the application. [Ord. 3922, 2013; Ord. 3015 § 3, 1995]. c� 4.90.040 Licensees limited to nonprofit community oriented organizations. Licenses to conduct public markets shall be issued only to nonprofit community organizations. "Nonprofit community organizations" are hereby defined to mean: bona fide nonprofit organizations recognized by the United States Internal Revenue Service as a 'a) G charitable institution exempt from taxation under Section 503(C) of the Internal Revenue Code and whose principal offices or meeting V place is located within the city of Edmonds. [Ord. 3922, 2013; Ord. 3032 § 2, 1995; Ord. 3015 § 3, 1995]. d 4.90.050 Sponsor licensee — Business license required when. The issuance of a public market license to the sponsor is intended to serve as a master license authorizing limited business activities. U) Vendors at the markets renting or leasing space from the master licensee are not required to have a city business license unless they c engage in other business activities subject to licensing under the provisions of this title. By way of illustration and not limitation, the y following examples are offered: m A. Pawnbrokers and secondhand dealers are required to have licenses as provided by Chapter 4.75 ECC. B. A business license shall be obtained by any vendor who conducts business activities beyond the premises licensed as a public market and/or outside of the time for which the license is issued. For example, a business operating from a booth on the premises licensed as a public market during the days of approved market operation shall not require a business license to conduct such activities. If, however, the vendor conducts other business activities subject to the provisions of Chapter 4.72 ECC, the person conducting such activities shall be duly licensed in accordance with the provisions of that chapter. [Ord. 3922, 2013; Ord. 3015 § 3, 1995]. 4.90.060 Premises — Zoning and land use requirements. Repealed by Ord. 3922. [Ord. 3015 § 3, 1995]. 4.90.070 License fee. An applicant for a license to operate a public market shall pay a $100.00 fee. This fee is based upon the cost to the city of reviewing and processing the application and shall be submitted in conjunction with the application. Each participating vendor shall pay $5.00 for its participation in the public market during each calendar year. No application shall be deemed complete until all fees have been paid. [Ord. 3922, 2013; Ord. 3032 § 3, 1995; Ord. 3015 § 3, 1995]. 4.90.080 Term of license. Each license issued under this chapter shall be limited to the number of days approved for operation for the public market for which the license was issued. [Ord. 3922, 2013; Ord. 3032 § 4, 1995; Ord. 3015 § 3, 1995]. 4.90.090 Application for license. Each applicant for a license to operate a public market shall file an application with the city clerk accompanied by the license fee provided for in ECC 4.90.070. The application shall be in writing and submitted on a form prepared by the city clerk and signed by the applicant. The application shall give the applicant's nonprofit organization's business address and principal business location, a copy of documents indicating its charitable nonprofit status as well as the residence address and phone number of the applicant's agent. In addition to such other information as the city clerk shall require, the application shall be accompanied by: A. A plot plan showing the location of any outdoor facilities or activities. Adequate parking and ingress and egress shall be maintained during the course of this temporary special event. Adequate precautions shall be put in place to prevent vehicular access to pedestrian pathways within the confines of the activity. Applications to utilize a site or lot already occupied by an existing business shall show on the plot plan the location of all parking required to be provided under the provisions of Chapter 17.50 ECDC for such business. Packet Pg. 228 2.1.b B. A list of each and every vendor participating or anticipated to participate in the market for which the license is sought shall be submitted to the city clerk. The listing shall include the vendor's name, address and business phone number together with a general description of goods and/or services offered by each vendor. Any changes in the list of vendors shall be provided to the city clerk in a minimum of three business days prior to the date of the proposed change (i.e., the first date at which the new vendor will participate in the market). C. Provisions for event management and garbage control shall be addressed in a management plan. All tables, tents, booths, signs and other structures associated with the market shall be removed from public rights -of -way at the end of each day; provided, however, that approved outdoor storage may be provided between the close of business the day a public market is held and commencement of business the following morning on public land not located within public rights -of -way or on private property. 4) D. Garbage receptacles shall be strategically located and have sufficient capacity to accommodate the vendors and estimated members c c of the public in attendance. In addition the area shall be kept clean of rubbish, garbage, junk, waste paper, plastic, styrofoam cups, O sacks, food and other waste. The city of Edmonds encourages the use of recycling receptacles and products whenever possible. The license holder shall be responsible to keep the area clean. The area to be kept clean shall include the area immediately surrounding m sidewalks and public streets. Q. E. Temporary signage announcing the event shall be approved on the site in the licensing process in accordance with the requirements of ECDC 20.60.080. G V F. The fire marshal shall designate appropriate fire lanes through the licensed area on the plot plan. These fire lanes are intended for d pedestrian use and shall be kept free of structures, debris or other blockage. Failure to maintain appropriate fire lanes shall be cause for immediate revocation of the license. The police chief may, in his or her sole discretion, require that security personnel be provided by the public market during times and in a number designated by the police. [Ord. 3922, 2013; Ord. 3015 § 3, 1995]. N 4.90.100 Records. m c y The named licensee sponsor of the public market shall maintain a record of all vendors participating in the event. Such record shall be m available for inspection by the city clerk or a designated agent during normal business hours of city offices (that is, 8:00 a.m. to 4:30 p.m. Monday through Friday, excluding legal holidays). [Ord. 3922, 2013; Ord. 3015 § 3, 1995]. 4.90.110 Administration. The license for a public market may be revoked at the discretion of the mayor or designee at any time for failure to comply with the provisions of this chapter or for violation of any other provision of the city code. Notice of revocation shall be served personally 24 hours prior to the date such revocation shall be effective. The licensee may request a hearing before the Edmonds city council; provided, however, that in the interim no activity shall be conducted until such time as the Edmonds city council has heard the appeal of the licensee from the original determination of the mayor or designee. [Ord. 3922, 2013; Ord. 3015 § 3, 1995]. 4.90.120 Violation of the provisions of the chapter — Civil infraction. Any person violating any of the requirements of this chapter shall be guilty of a civil infraction and shall be punishable by a fine of up to $1,000. [Ord. 3922, 2013; Ord. 3015 § 3, 1995]. Packet Pg. 229 2.1.b Chapter 4.98 CONSTITUTIONALLY PROTECTED EVENTS Sections: 4.98.010 Definitions. 4.98.020 Permit required. 4.98.030 Grounds for denial of application. 4.98.040 Permit conditions — Appeal. 4.98.050 Revocation of permits. 4.98.060 Violation — Penalty. 4.98.070 Savings clause. 4.98.010 Definitions. A. "Constitutionally protected events" include any event, such as political or religious activity, intended primarily for the communication or expression of ideas that is to be conducted on public property or on a public right-of-way; and, also, any such event held on private property which would have a direct significant impact on traffic congestion or traffic flow to and from the event over public streets or rights -of -way; or which would significantly impact public streets or rights -of -way near the event; or which would significantly impact the need for city -provided emergency services, such as police, fire or medical aid. B. "Use" shall mean to construct, erect, or maintain in, on, over or under any street, right-of-way, park or other public place any building, structure, sign, equipment or scaffolding, to deface any public right-of-way by painting, spraying or writing on the surface thereof, or to otherwise occupy in such a manner as to obstruct the normal public use of any public street, right-of-way, park or other public place within the city, including a use related to special events. [Ord. 3661 § 1, 2007]. 4.98.020 Permit required. A. A permit from the city is required for any constitutionally protected events as defined in this chapter. Such permit shall be in lieu of any other city permit, including but not limited to parade, street use and park use permits as they may be required by ordinance. B. Contents of Application. The applicant must file the application in writing on a form supplied by the city to the license officer, setting forth: 1. Contact information of the applicant, including but not limited to name, telephone number and address; 2. The date, time, and expected duration of the event; 3. The probable number of participants; 4. The place or route of the event, including a map and written narrative of the proposed route; 5. A description of all public ways proposed to be blocked; 6. A description of the measures to be taken to protect participants and the general public from injury, including traffic control and crowd control, emergency medical services, fire and life safety services and emergency communication systems; 7. A description of the measures to be taken to ensure cleanup of any litter or damage resulting from the event; 8. The number and location of portable sanitation facilities, if any; 9. A certification that the applicant will be financially responsible for any cost to the city resulting from breach of any condition of the permit; 10. A certification that the applicant will not sponsor or encourage any commercial activity unrelated to First Amendment rights during the event; 11. A description of the types and number of vehicles to be used in the special event; 12. Insurance and surety bond information, if any; Packet Pg. 230 2.1.b 13. Any other additional information required to ensure public health, safety and welfare. C. A constitutionally protected event permit is not required for the following: 1. Parades, athletic events or other special events that occur exclusively on city property and are sponsored or conducted in full or in part by the city. 2. Funeral and wedding processions. 3. Groups required by law to be so assembled. d 0 c 4. Gatherings of 30 or fewer people in a city park, unless merchandise or services are offered for sale or trade. M c 5. Other similar events and activities which do not directly affect or use city services of property. 0` m D. Any person desiring to obtain a constitutionally protected event permit shall apply for such a permit by filing an application with 'tea the city at least 60 days prior to the date on which the event is to occur. E. Waiver of Application Deadline. Upon a showing of good cause or at the discretion of the city, the city shall consider an application c that is filed after the filing deadline if there is sufficient time to process and investigate the application and obtain police and other city 0 services for the event. Good cause can be demonstrated by the applicant showing that the circumstance that gave rise to the permit y application did not reasonably allow the participants to file within the time prescribed. [Ord. 3661 § 1, 2007]. d 4.98.030 Grounds for denial of application. J A. The city may deny an application for a constitutionally protected event permit if c 1. The applicant provides information that is false, misleading, or nonexistent in any material detail; the applicant fails to complete the application or to supply other required information or documents; or the applicant declares or shows an o0 unwillingness or inability to comply with the reasonable terms or conditions contained in the proposed permit; d 2. The proposed event would conflict with another proximate event, interfere with construction or maintenance work in the immediate vicinity, or unreasonably infringe upon the rights of abutting property; w c 0 3. The proposed event would unreasonably disrupt the orderly or safe circulation of traffic as would present an unreasonable risk U) of injury or damage to the public; or 4. The proposed event would engage in, advocate, or encourage illegal activities that threaten and endanger public health, safety and welfare. B. In the event subsection (A)(2) or (3) of this section applies, the city shall offer the applicant the opportunity to submit an alternative date or place for the proposed event before denying the application. [Ord. 3661 § 1, 2007]. 4.98.040 Permit conditions — Appeal. A. The city may condition the issuance of a constitutionally protected event permit by imposing reasonable requirements concerning the time, place and manner of the event, and such requirements as are necessary to protect the safety and rights of persons and property, and the control of traffic. The following conditions apply to all constitutionally protected event permits: 1. Alteration of the time, place and manner of the event proposed on the event application. 2. Conditions concerning the area of assembly and disbanding of an event occurring along a route. 3. Conditions concerning accommodation of pedestrians or vehicular traffic, including restricting the event to only a portion of the street or right-of-way. 4. Conditions concerning cleanup and restoration of areas used for the permitted event upon conclusion. 5. Compliance with any other applicable federal, state or local law or regulation. B. The applicant shall have the right to appeal the denial of a permit or a permit condition. A written notice of appeal shall be filed within three business days after receipt or personal delivery of a notice of denial or permit conditions from the city. Receipt of notice of denial or permit conditions shall be presumed three days after the same is mailed with USPS postage prepaid and certified. The written notice of appeal shall set forth the specific grounds for the appeal and attach any relevant documents for consideration. The Packet Pg. 231 2.1.b hearing examiner shall hear the appeal on the record provided from the designated city official and upon public comment given at the scheduled hearing before the examiner. The hearing shall be scheduled for the earliest possible hearing date after receipt of a timely and proper notice of appeal. The decision of the hearing examiner shall be final. [Ord. 3661 § 1, 2007]. 4.98.050 Revocation of permits. A. Any permit issued under this chapter may be summarily revoked by the city at any time when, by reason of disaster, public calamity, riot or other emergency or exigent circumstances, the city determines the safety of the public or property requires such immediate revocation. The city may also summarily revoke any permit issued pursuant to this chapter if the city finds that the permit has been issued based upon false information or when the permittee exceeds the scope of the permit or fails to comply with any condition of the permit. B. Notice of such action revoking a permit shall be delivered in writing to the permittee by personal service or certified mail at the address specified by the permittee in the application. To the extent that written notice by personal service or certified mail is not likely to achieve timely actual notice, any other reasonable form of notification intended to achieve the same shall suffice. [Ord. 3661 § 1, 2007]. 4.98.060 Violation — Penalty. A. It shall be unlawful for any person to sponsor or conduct an event requiring a constitutionally protected event permit pursuant to this chapter unless a valid permit has been issued and remains in effect for the event. It is unlawful for any person to participate in such an event with the knowledge that the sponsor of the event has not been issued a required, valid permit or with knowledge that a once -valid permit has expired or been revoked. B. The constitutionally protected event permit authorizes the permittee/sponsor to conduct only such an event as is described in the permit, and in accordance with the terms and conditions of the permit. It is unlawful for the permittee/sponsor to willfully violate the terms and conditions of the permit, or for any event participant with knowledge thereof to willfully violate the terms and conditions of the permit or to continue with the event if the permit is revoked or expired. C. Any person or organization violating the provisions of this chapter shall be guilty of a misdemeanor, and upon conviction thereof shall be subject to a penalty of a fine of not more than $500.00 or by imprisonment of not more than 90 days, or both such fine and imprisonment. [Ord. 3661 § 1, 2007]. 4.98.070 Savings clause. If any section, sentence, clause, phrase, part or portion of this chapter is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. [Ord. 3661 § 1, 2007]. Packet Pg. 232 21.40.040 Home occupation. Home occupation means an economic enterprise operated within a dwelling unit or buildings accessory to a dwelling unit, incidental and secondary to the residential use of the dwelling unit, including the use of a dwelling unit as a business address in the phone directory or as a post office mailing address. Chapter 20.20 HOME OCCUPATIONS Sections: 20.20.000 Purpose, 20.20.010 Home occupation. 20.20.020 General regulation. 20.20.030 Permit. 20.20.000 Purpose. A home occupation is generally an economic enterprise operated within a dwelling unit, or buildings accessory to the dwelling unit which are incidental and secondary to the residential use of the dwelling unit, including the use of the dwelling unit as a business address in the phone directory or as a post office mailing address. The purpose of this chapter is to allow residents to carry on home occupations on their property while guaranteeing neighboring residents freedom from excessive noise, excessive traffic, nuisance, fire hazard and other possible potential negative impacts from the maintenance of a commercial use within a residential neighborhood. The purpose of this chapter is to permit two types of home use occupations while prohibiting other commercial uses in residential neighborhoods. Commercial enterprises employing only the residents of a structure which are operated entirely within the structure are intended to be permitted activities. The city's community sustainability element of the comprehensive plan encourages local business and reductions in the city's overall greenhouse gas emissions, so this chapter seeks to encourage home -based work and business activities while preserving the character of residentially zoned neighborhoods by limiting the number of customers and employees permitted to visit the home occupation. [Ord. 3889 § 1 (Att. A), 2012; Ord. 3840 § 1, 2011]. 20.20.010 Home occupation. A home occupation may be conducted as a permitted secondary use in any residential zone of the city subject to the following regulations: A. A home occupation must be licensed under the provisions of Chapter 4.72 ECC, and shall be a permitted use if it: 1. Is carried on exclusively by a family member residing in the dwelling unit; and 2. Is conducted entirely within the structures on the site, without any significant outdoor activity; and 3. Uses no heavy equipment, power tools or power sources not common to a residence; and 4. Has no pickup or delivery by business related commercial vehicles which exceed 20,000 pounds gross vehicle weight (except for the U.S. mail and standard UPS/FedEx sized delivery vehicles); and 5. Creates no noise, dust, glare, vibration, odor, smoke or other impact adverse to a residential area beyond that normally associated with residential use; and 6. Does not include any employees outside of the family members residing at the residence, including but not limited to persons working at or visiting the subject property; and 7. Complies with all performance criteria established pursuant to ECDC 17.60.010; and 8. Does not park or store more than one commercial vehicle or any commercial vehicle over 10,000 pounds licensed gross vehicle weight per dwelling unit pursuant to ECDC 17.50.100. B. A home occupation which does not meet one or more of the requirements of subsection (A) of this section may be approved as a staff approval (Type II decision) if the home occupation will not harm the character of the surrounding neighborhood as evidenced by meeting all of the following criteria: Packet Pg. 233 2.1.b 1. The temporary and permanent keeping of animals associated with a home occupation must comply with all provisions of Chapter 5.05 ECC, Animal Control, and ECDC Title 16; and 2. The home occupation will not include storage, display of goods, building materials and/or the operation of building machinery, commercial vehicles or other tools, unless it meets all of the following criteria: a. Is wholly enclosed within a structure or building; b. Does not emit noise, odor or heat; and d c. Does not create glare or emit light from the site in violation of the city's performance criteria; and 0 M c 3. Does not create a condition which injures or endangers the comfort, or pose health or safety threats to persons on abutting properties or streets; and 0 m 4. Does not include visits to the site from more than one nonresident employee per day; and Q. 5. Does not include visits from customers in excess of one vehicle per hour; and 6. Does not include visits from customers between the hours of 9:00 p.m. and 8:00 a.m.; and U d 7. If visits to the site are to be made by either an off -site employee or customer, on -site parking shall be provided for at least three d vehicles; and J 8. No parking or storage is provided for more than one commercial vehicle or any commercial vehicle over 10,000 pounds U) licensed gross vehicle weight per dwelling unit pursuant to ECDC 17.50.100. c .y C. Urban Farming. m 1. "Urban farming" is defined as the display or sale of edible farm products or fresh produce grown on -site. 2. A home occupation for urban farming not meeting the criteria of subsection (A) of this section is a permitted secondary use in ~ w all residential zones if it meets all of the criteria contained in subsection (B) of this section, except that: r_ 0 a. Subsection (13)(5) of this section does not apply. An applicant for a home occupation for the sale of on -site farm products N 3 or produce shall be required to submit a written statement indicating compliance with the applicable criteria of subsection W (B) of this section accompanied by a site plan showing how any visitors to the site can be accommodated without creating a -0a traffic hazard or nuisance to adjoining properties. 0 b. The general prohibition of the display of goods and requiring the business to be wholly enclosed within a building in subsection (13)(2) of this section do not apply to the display or sale of edible farm products or produce, so long as the display is removed during nonoperating hours. c 0 D. Artist Studio. P 1. An "artist studio" is defined as the display or sale of hand -made products (artwork) that are produced on site. Items or artwork created off site are not included in this definition. 2. A home occupation for an artist studio not meeting the criteria of subsection (A) of this section may be permitted as a Type II decision if it meets all of the criteria contained in subsection (B) of this section, except that: a. Subsection (13)(5) of this section does not apply. An applicant for a home occupation for an artist studio shall be required to submit a site plan showing how any visitors to the site can be accommodated without creating a traffic hazard or nuisance to adjoining properties. b. The display or sale of hand -made artwork shall remain completely enclosed within a building pursuant to subsection (A)(2) of this section. [Ord. 3889 § 1 (Att. A), 2012; Ord. 3840 § 1, 2011]. 20.20.020 General regulation. A. Sale or Display of Goods. No goods shall be sold or rendered on the premises except instructional materials pertinent to the home occupation (e.g., music books), or as described above in ECDC 20.20.010(C) for urban farming or ECDC 20.20.010(D) for artist Packet Pg. 234 2.1.b studio. Display or storage of goods outside the premises or in the window thereof is prohibited, except related to an urban farming display located entirely on the subject property. Such farm or produce display shall be removed during the hours it is not in operation. B. Signs. A sign is permitted in conjunction with a home occupation approval and shall not exceed four square feet in size. The sign area shall be calculated as part of, not in addition to, the total sign area permitted on the site. A building permit and a Type II conditional use permit are required for any proposed commercial signage in a residential zone. These permits are not required for a sign on a display utilized for the sale of produce associated with an urban farm as provided for in ECDC 20.20.010(C)(2)(b). C. Reasons for Denial. A home occupation is a special exception to the zoning ordinance and the applicant has the burden of persuasion that he/she comes within the stated purposes and criteria of this chapter. The following are among common reasons for denial but are not intended to be exclusive: C c 1. The on -street or on -site parking of trucks or other types of equipment associated with the home occupation; O 2. The littered, unkempt and otherwise poorly maintained condition of the dwelling site; 0) 3. Visits to the site are made by more than one vehicle per hour, such as a contractor or business operation that includes multiple employees meeting at the site to collect materials or equipment that will be used at another location; 0 4. Noncompliance with the criteria of this chapter or conditions of approval or other provisions of city ordinance; and/or V d N 5. The proposal cannot be conditioned in order to meet the criteria and findings of the chapter. [Ord. 3889 § 1 (Att. A), 2012; d Ord. 3840 § 1, 2011]. J N 20.20.030 Permit. N m All permits for home occupations are personal to the applicant and shall not be transferred or otherwise assigned to any other person. The permit will automatically expire when the applicant named on the permit application moves from the site. The home occupation M shall also automatically expire if the permittee fails to maintain a valid business license or the business license is suspended or m revoked. The home occupation shall not be transferred to any site other than that described on the application form. [Ord. 3889 § 1 (Att. A), 2012; Ord. 3840 § 1, 2011]. Packet Pg. 235 2.1.b Chapter 3.20 BUSINESS LICENSE AND OCCUPATION TAX Sections: 3.20.010 Exercise of revenue license power. 3.20.020 Definitions. 3.20.030 Occupation license required — Violations. 3.20.040 License tax year. 3.20.050 Occupations subject to tax — Amounts. 3.20.060 Exceptions and deductions. 3.20.070 Application for occupation license. 3.20.080 Timing of tax payment. 3.20.090 Commencement of business during tax year. 3.20.100 Reserved. 3.20.110 Sale or transfer of business. 3.20.120 Taxpayer to keep books and records — Returns confidential. 3.20.130 Clerk to investigate returns. 3.20.140 Over- or underpayment of tax. 3.20.150 Remedy for nonpayment of tax. 3.20.155 Allocation of income — Cellular telephone service. 3.20.156 Rate change. 3.20.160 Appeals to city council. 3.20.170 Mayor may subpoena any person. 3.20.180 Clerk to make rules. 3.20.190 Posting, unlawful use of license. 3.20.200 Unlawful acts — Failure to apply for license, false returns, etc. 3.20.210 Penalty for violations. 3.20.220 Severability. 3.20.010Exercise of revenue license power. The provisions of this chapter shall be deemed an exercise of the power of the city of Edmonds to license for revenue pursuant to the laws of the state of Washington. [Ord. 917 § 1, 1962]. 3.20.020 Definitions. In construing the provisions of this chapter, save when otherwise plainly declared or clearly apparent from context, the following definitions shall be applied: A. "Cellular telephone service" is a two-way voice and data telephone/telecommunications system based in whole or substantially in part on wireless radio communications and which is not subject to regulation by the Washington Utilities and Transportation Commission (WUTC). This includes cellular mobile service. The definition of cellular mobile service includes other wireless radio communications services such as specialized mobile radio (SMR), personal communications services (PCS) and any other evolving wireless radio communications technology which accomplishes a purpose similar to cellular mobile service. B. "Gross income" means the value proceeding or accruing by reason of the transaction of business engaged in and includes gross proceeds of sales, compensation for the rendition of services, gains realized from trading in stocks, bonds, or other evidences of indebtedness, interest, discount, rents, royalties, fees, commissions, dividends, and other emoluments, however designated, all without any deduction on account of the costs of tangible personal property sold, the cost of materials used, labor costs, interest, discount, delivery costs, taxes, or any other expense whatsoever paid or accrued and without any deduction on account of losses. C. "Person or persons" means persons of either sex, firms, copartnerships, corporations, public utility districts and other associations or natural persons, whether acting by themselves or by servants, agents or employees. Packet Pg. 236 2.1.b D. "Solid waste hauler" shall mean any person or persons providing solid waste disposal services authorized pursuant to Washington Utilities and Transportation Commission Tariff to dispose of solid waste, garbage, refuse or any similar material within and from the city of Edmonds, or providing such services to city of Edmonds' residents. E. "Taxpayer" means any person subject to the license fee or tax imposed by this chapter. F. "Tax year or taxable year" means the year commencing January 1st and ending on the last day of December of the same year of, if approved by the city clerk as provided in this chapter, the taxpayer's fiscal year. G. "Telephone business" means the business of providing access to a local telephone network, local network telephone switching service, toll service, coin telephone services, or the providing of telephonic video, data, or similar communication or transmission for r- hire, via a local telephone network, toll line or channel, cable, microwave, or similar communication or transmission system. It further c includes cooperative or farmer line telephone companies or associations operating an exchange. "Telephone business" does not include the providing of competitive telephone service, the providing of cable television service, nor the providing of broadcast 0 services by radio or television stations. [Ord. 3432 § 1, 2002; Ord. 3006 § 1, 1995; Ord. 2902 § 1, 1992; Ord. 2254 § 1, 1981; Ord. 2048 § 1, 1979; Ord. 917 § 1, 1962]. Q. 3.20.030Occupation license required — Violations. 0 A. After the effective date of this chapter, no person shall engage in or carry on any business, occupation, pursuit or privilege for V which a license fee or tax is imposed by this chapter without having first obtained, and being the holder of, a valid and subsisting license so to do, to be known as an "occupation license." J B. Any person engaged in, or carrying on, more than one such business, occupation, pursuit or privilege shall pay the license tax so U) imposed upon each of the same. c C. Any taxpayer who engages in or carries on any business subject to tax hereunder without having his "occupation license" so to do m shall be guilty of a violation of this chapter for each day during which the business is so engaged in or carried on and the taxpayer who fails or refuses to pay the license fee or tax on any part thereof on or before the due date shall be operating without having his license so to do. [Ord. 917 § 3, 1962]. H 3.20.040License tax year. c 0 A. All "occupation licenses" for the calendar year following the effective date of this chapter shall be for the tax year during which A this chapter takes effect, and shall expire at the end of such tax year. Thereafter, all "occupation licenses" shall be for the tax year for which issued and shall expire at the end of such tax year. m B. Such occupation license and a fee or tax therefor imposed, shall be for the year commencing January 1 st (with the sole exception of the year in which this chapter becomes effective) and ending on the last day of December of the year; provided, however, that if the taxpayer, in transacting his business, keeps the books reflecting the same for a fiscal year not based on the calendar year, he may, with the assent of the city clerk, obtain his license for the period of his current fiscal year which shall be deemed his tax year, and pay the fee or tax computed upon his gross income made during his fiscal year (next preceding his tax year) covering his accounting period as shown by the method of keeping the books of the business. C. The occupation license levied on the city's cable television franchisee(s) shall include for the initial period of franchise if less than one calendar year, a partial tax year dating from the date of franchise approval or extension through December 31 st of that calendar year. The franchisee shall pay a tax for the initial period equal to the prorated portion of the annual tax determined in accordance with the provisions of this chapter. Any partial concluding year shall be similarly prorated. [Ord. 2837 § 2, 1991; Ord. 2210 § 1, 1981; Ord. 917 § 4, 1962]. 3.20.050Occupations subject to tax — Amounts. Sellers of electricity, gas, water, sewer, cable television and telephone services shall be subject to the taxes imposed by this chapter. There are levied upon, and shall be collected from, every person, firm, corporation or other entity on account of the business activities, license and occupation taxes in the amounts to be determined by the application of the rates against gross income as follows: A. Public Utility Districts. Upon every person, firm, corporation or other entity engaged in or carrying on the business of selling or furnishing electrical energy and power a tax equal to six percent is levied upon the total gross income from the sale of electricity within the corporate limits of the city during and for the term for which the occupation license is required; provided, however, that there shall be no tax or fee upon revenues derived from the sale of electricity for the purposes of resale. Packet Pg. 237 B. Natural or Manufactured Gas and Service. Upon every person, firm, corporation or other entity engaged in or carrying on the business of transmitting, distributing, selling and furnishing natural and/or manufactured gas, a tax equal to six percent of the total gross income from the sale of gas within the corporate limits of the city during and for the term for which the occupation license is required. C. Brokered Natural Gas — Use Tax in Lieu of Occupations Tax. There is imposed under the authority of RCW 35.21.870 a use tax on the consumers of brokered natural gas. Such tax shall be in lieu of the tax imposed by subsection (B) of this section when consumers receive natural gas directly from a producer of manufactured natural gas outside of the state of Washington. Such tax shall be the same as that imposed on a natural manufactured gas utility by subsection (B) of this section, equal to six percent of the customer's monthly purchases or other use charge by the broker of out-of-state natural gas. D. Telephone Business. A tax equal to six percent of the gross subscribers' exchange monthly service charges billed to business and c c residence customers located within the corporate limits of the city, together with six percent of gross income derived from intrastate O toll service provided to business and residential customers located within the corporate limits of the city. m E. Cable Television. Pursuant to Chapter 4.68 ECC, community antenna television systems, commonly known as cable television c� Q. franchisees, are hereby levied a franchise fee of five percent, as authorized by 47 U.S.C. Section 542(a) and RCW 35.21.860, on all D gross revenues derived from any source of revenue by cable television franchisees from their cable television operations in the city of Edmonds. In addition thereto, a business license tax, as authorized in part by 47 U.S.C. Section 542(g)(2)(A), is hereby levied equal to 0 six percent on all gross revenues derived from any source of revenue by cable television franchisees from their cable television operations in the city of Edmonds. d F. City Sewer Utility. The city of Edmonds, as a seller of sewer services, shall be subject to the tax imposed by this chapter. The sewer J utility shall pay a license fee or tax equal to 10 percent of the gross income from the city's sewer utility. N G. Solid Waste Haulers. Any solid waste hauler shall be subject to the tax imposed by this chapter. The solid waste hauler shall pay a m c y tax equal to six percent of the total gross income from the charges derived from solid waste disposal services within the corporate m limits of the city during and for the term for which the occupation license is required. H. City Water Utility. The city of Edmonds, as the seller of water services, shall be subject to the tax imposed by this chapter. The water utility shall pay a license tax or fee equal to the percentage shown in the table below for the given year on the gross income from the city's water utility: c Water Utility Tax Rate Year Tax Rate (Current) 2016 18.70% 2017 17.07% 2018 15.50% 2019 14.05% 2020 12.68% 2021 10% I. City Storm Water Utility. The city of Edmonds, as the seller of storm water services, shall be subject to the tax imposed by this chapter. The storm water utility shall pay a license tax or fee equal to 10 percent on the gross income from the city's storm water Packet Pg. 238 2.1.b utility. [Ord. 4051 § 1, 2016; Ord. 3953 § 1, 2013; Ord. 3745 § 1, 2009; Ord. 3709 § 1, 2008; Ord. 3688 § 1, 2008; Ord. 3618 § 1, 2006; Ord. 3531 § 1, 2005; Ord. 3432 § 2, 2002; Ord. 3281 § 1, 1999; Ord. 2899 § 1, 1992; Ord. 2837 § 3, 1991; Ord. 2775-A § 1, 1990; Ord. 2413, 1983; Ord. 2339 § 1, 1982]. 3.20.060Exceptions and deductions. A. Interstate or Foreign Commerce. There shall be excepted and deducted from the total gross income upon which the license fee or tax is computed, so much thereof as is derived from the transactions in interstate or foreign commerce, or from business done for the government of the United States, its officers or agents, and any amount paid by the taxpayer to the United States, the state of Washington or the city of Edmonds as excise taxes levied or imposed upon the sale or distribution of property or service. c B. Bad Debts. There shall be excepted and deducted from the total gross income upon which the license fee or tax is computed, all bad c debts for services incurred, rendered or charged for during the tax year, or for a preceding tax year if the charge -off is made in the current tax year. O m Debts shall be deemed bad and uncollectible when the same have been written off the books of the taxpayer. In the event debts are a 0. subsequently collected, said income shall be reported in the return for tax year in which said debts are collected and at the rate D prevailing in the tax year when collected. C. Cash Discounts. There shall be excepted and deducted from the total gross income upon which the license fee or tax is computed, 0 V all cash discounts allowed and actually granted to customers of the taxpayer during the tax year. D. Burden on Interstate Commerce. Nothing in this chapter shall be construed as requiring a license, or the payment of a license fee or d J tax, or the doing of any act, which would constitute an unlawful burden or interference in violation of the Constitution or laws of the U) United States or which would not be consistent with the Constitution or laws of the state of Washington. c E. Deduction Allowed. Any person subject to the payment of a license fee or tax under the provisions of any ordinance of the city m other than this chapter, on account of engaging in any activity for which he is liable to tax hereunder, may deduct the amount of such -- fee or tax from the amount of fee or tax imposed by this chapter on account of such activity, but such persons shall, nevertheless, in the manner herein provided for, apply for and procure an "occupation license." H F. There shall be excluded and deducted from the total gross income upon which the license fee or tax for telephone businesses and c telecommunications companies is computed, the following: 0 A 1. That portion of the gross income derived from charges to another telecommunications company, as defined in RCW 80.04.010, for connecting fees, switching charges, or carrier access charges relating to intrastate toll telephone services, or for access to, or charges m for, interstate services. o 2. Charges by a taxpayer engaging in a telephone business or to a telecommunications company, as defined in RCW 80.04.010, for telephone service that the purchaser buys for the purpose of resale. 3. Adjustments made to a billing or to a customer account or to a telecommunications company accrual account in order to reverse a billing or charge that had been made as a result of third -party fraud or other crime and was not properly a debt of a customer. 4. Charges to cellular telephone service subscribers passed on to compensate for the cost to the company of the tax imposed by this chapter. 5. There shall be allowed as a deduction as to cellular telephone companies which keep their regular books of account on an accrual basis, for credit losses actually sustained by the taxpayer as a result of the cellular telephone business. [Ord. 3006 § 2, 1995; Ord. 917 § 6, 1962]. 3.20.070Application for occupation license. A. On or before the first day of each tax year, every taxpayer shall apply for an "occupation license" on forms provided by the city clerk. The application shall require such information as may be necessary to enable the city clerk to arrive at the lawful amount of tax imposed by this chapter. B. The application form shall be signed and acknowledged before a notary public by an authorized representative of the taxpayer. [Ord. 2048 § 2, 1979; Ord. 917 § 7, 1962]. 3.20.080Timing of tax payment. Packet Pg. 239 2.1.b A. Businesses with monthly gross income of $10,000 or more per month that is taxable under this chapter shall pay said tax on their monthly gross income on a monthly basis, by the twenty-fifth day of the following month. B. All other businesses shall pay said tax on their quarterly gross income on a quarterly basis, by the twenty-fifth day of the month following each quarter. The quarterly periods are as follows: First quarter — January, February, March; Second quarter — April, May, June; Third quarter — July, August, September; d M c Fourth quarter — October, November, December. O C. Whenever a taxpayer commences to engage in business during any monthly or quarterly period, as applicable, his first return and 0; license fee or tax shall be based upon and cover the portion of the applicable monthly or quarterly period during which he engaged in business. Q- D. First payments and returns under this chapter shall be for gross income derived during the first month or quarter, as applicable, of m c the taxable year as defined in ECC 3.20.020 and the tax and returns shall be made as applicable on a monthly or quarterly basis t� thereafter, the payments to be due and payable as provided in subsections (A) and (B) of this section. Like payments and returns shall y be made on a monthly or quarterly basis thereafter, the payments to be due and payable as provided in subsections (A) and (B) of this section. [Ord. 4099 § 1, 2018; Ord. 2048 § 3, 1979; Ord. 917 § 8, 1962]. J 3.20.090 Commencement of business during tax year. N m c Taxpayers commencing any business, occupation pursuit or privilege during any tax year shall acquire an occupation license as provided in this chapter. The tax shall be proportioned to the remainder of the tax year. [Ord. 2048 § 4, 1979; Ord. 917 § 9, 1962]. m 3.20.100 Reserved. d 3.20.110 Sale or transfer of business. Upon the sale or transfer during any tax year of a business on account of which a fee or tax is hereby required, the purchaser or transferee shall, if the fee or tax has not been paid in full for said year, be responsible for its payment for that portion of said year during which he carried on such business. [Ord. 917 § 11, 1962]. 3.20.120Taxpayer to keep books and records — Returns confidential. It shall be the duty of each taxpayer taxed upon his gross income to keep and enter in a proper book or set of books or records an account which shall accurately reflect the amount of his gross income, which account shall always be open to the inspection of the city clerk, and/or his or her duly authorized agent, and from which said officer or his agent may verify the return made by the taxpayer. The applications, statements or returns made to the city clerk pursuant to this chapter, shall not be made public, nor shall they be subject to the inspection of any person except the mayor, the city attorney, the city clerk or his authorized agent, and members of the city council. [Ord. 917 § 12, 1962]. 3.20.130 Clerk to investigate returns. If any taxpayer fails to apply for license or make his return, or if the city clerk is dissatisfied as to the correctness of the statement made in the application or return of any taxpayer, said officer, or his authorized agent, may enter the premises of such taxpayer at any reasonable time for the purpose of inspecting his books or records of account to ascertain the amount of the fee or tax or to determine the correctness of any such statements, as the case may be, and may examine any person under oath administered by said officer, or his agent, touching the matters inquired into, or said officer, or his authorized agent, may fix a time and place for the investigation of the correctness of the return and may issue a subpoena to the taxpayer, or any other person, to attend upon such investigation and there testify under oath administered by said officer, or his agent, in regard to the matters inquired into and may, by subpoena, require him, or any person, to bring with him such books, records and papers as may be necessary. [Ord. 917 § 13, 1962]. 3.20.140Over- or underpayment of tax. Packet Pg. 240 If the city clerk, upon investigation or upon checking returns, finds that the fee or tax paid on any of them is more than the amount required of the taxpayer, he shall refund the amount overpaid by a warrant upon the general fund. If the city clerk finds that the fee or tax paid is less than required, he shall send a statement to the taxpayer showing the balance due, who shall within three days pay the amount shown thereon. [Ord. 917 § 14, 1962]. 3.20.150Remedy for nonpayment of tax. If any taxpayer fails to apply for license, or make his return, or to pay the fee or tax therefor, or any part thereof within three days after the same shall have become due, the city clerk shall ascertain the amount of the fee or tax or installment thereof due and shall notify such taxpayer thereof, who shall be liable therefor, in any suit or action by the city for the collection thereof. The city clerk shall also notify the city attorney in writing of the name of such delinquent taxpayer, and the amount due from him and said officer shall, with the assistance of the city clerk, collect the same by any appropriate means or by suit or action in the name of the city. [Ord. 917 § 15, 1962]. 3.20.155Allocation of income — Cellular telephone service. A. Service Address. Payments by a customer for the telephone service from telephones without a fixed location shall be allocated among taxing jurisdictions to the location of the customer's principal service address during the period for which the tax applies. B. Presumption. There is a presumption that the service address a customer supplies to the taxpayer (cellular telephone company) is current and accurate, unless the taxpayer has actual knowledge to the contrary. C. Roaming Phones. When the service is provided while a subscriber is roaming outside the subscriber's normal cellular network area, the gross income shall be assigned consistent with the taxpayer's accounting system to the location of the originating cell site of the call, or to the location of the main cellular switching office that switched the call. D. Dispute Resolution. If there is a dispute among one or more other cities, and/or the taxpayer, as to the service address of a customer who is receiving cellular telephone services and the dispute is not resolved by negotiation among the parties, then the dispute shall be resolved by the city and the other city or cities by submitting the issue for settlement to the Association of Washington Cities (AWC). The taxpayer shall have no further liability with respect to additional taxes on the disputed revenues, but will change his or her billing records for future revenues to comport with the settlement facilitated by AWC. [Ord. 3006 § 3, 1995]. 3.20.156Rate change. No change in the rate of tax upon persons engaging in providing cellular telephone service shall apply to business activities occurring before the effective date of the change and, except for a change in the tax rate authorized by RCW 35.21.870, no change in the rate of the tax may take effect sooner than 60 days following the enactment of the ordinance establishing the change. The city shall send to each cellular telephone service company at the address on its license, a copy of any ordinance changing the rate of tax upon cellular telephone service promptly upon its enactment. [Ord. 3006 § 4, 1995]. 3.20.160Appeals to city council. Any taxpayer aggrieved by the amount of the fee or tax found by the city clerk to be required under the provisions of this chapter, may appeal to the city council from such finding by filing a written notice of appeal with the city clerk within five days from the time such taxpayer was given notice of such amount. The clerk shall, as soon as practicable, fix a time and place for the hearing of such appeal, which time shall not be more than 10 days after the filing of the notice of appeal, and he shall cause a notice of the time and place thereof to be delivered or mailed to the appellant. At such hearing the taxpayer shall be entitled to be heard and to introduce evidence in his own behalf. The city council shall thereupon ascertain the correct amount of the fee or tax by resolution and the city clerk shall immediately notify the appellant thereof, which amount, together with costs of the appeal, if appellant is unsuccessful therein, must be paid within three days after such notice is given. [Ord. 917 § 16, 1962]. 3.20.170Mayor may subpoena any person. The mayor of the city of Edmonds may, by subpoena, require the attendance of any person and may also require him to produce any pertinent books and records. Any person served with such subpoena shall appear at the time and place therein stated and produce the books and required records, if any, and shall testify truthfully under oath administered by the mayor as to any matter required of him pertinent to the appeal, and it shall be unlawful for him to fail or refuse so to do. [Ord. 917 § 17, 1962]. 3.20.180 Clerk to make rules. Packet Pg. 241 2.1.b The city clerk shall have the power, subject to the approval of the city council, and it shall be his duty from time to time, to adopt, publish and enforce rules and regulations not inconsistent with this chapter or with law for the purpose of carrying out the provisions thereof, and it shall be unlawful to violate or fail or comply with any such rule or regulation. [Ord. 917 § 18, 1962]. 3.20.190Posting, unlawful use of license. A. All licenses issued pursuant to the provisions of this chapter shall be kept posted by the licensee in a conspicuous place in his principal place of business in the city. B. No person to whom a license has been issued, pursuant to this chapter, shall suffer or allow any other person chargeable with a separate license to operate under or display his license, nor shall such other person operate under or display such license. [Ord. 917 § C 19, 1962]. c L 3.20.200Unlawful acts — Failure to apply for license, false returns, etc. O m It shall be unlawful for any person liable to tax hereunder to fail or refuse to make application or return for a license or to pay the fee or tax or installment thereof when due, or for any person to make any false or fraudulent application or return or any false statement or representation in or in connection with, any such application or return, or to aid or abet another in any attempt to evade payment of the fee or tax or any part thereof, or for any person to fail to appear and/or testify in response to subpoena issued pursuant hereto, and/or '0 o to testify falsely upon the hearing of any appeal or upon any investigation of the correctness of a return, or in any manner to hinder or V delay the city or any of its officers in carrying out the provisions of this chapter. [Ord. 917 § 20, 1962]. c d 3.20.210Penalty for violations. Any person violating or failing to comply with any of the provisions of this chapter or any lawful rule or regulation adopted by the city U) d clerk pursuant thereto, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine in any sum not to exceed $250.00 or by imprisonment in the city jail for a term not to exceed 90 days, or by both such fine and imprisonment. m m Each and every day that the violation of this chapter shall be continued is a separate offense and punishable as herein provided. [Ord. S 917 § 22, 1962]. d 3.20.220 Severability. H If any provision or section of this chapter shall be held void or unconstitutional, all other parts, provisions and sections of this chapter, c o not expressly so held to be void or unconstitutional shall continue in full force and effect. N [Ord. 917 § 21, 1962]. d W in Packet Pg. 242 2.2 City Council Agenda Item Meeting Date: 05/14/2019 2019 Hourly Employee positions Staff Lead: Scott James Department: Human Resources Preparer: MaryAnn Hardie Background/History The City employs hourly (including temporary and/or seasonal) employees. These employees are paid an hourly wage amount (without benefits) and are employed temporarily as needed for short periods of time during the year. The hourly wage chart has historically been included in the annual budget book/process, but was unintentionally omitted from the 2019 book. Staff Recommendation Forward to full Council for approval on the 5/14/19 consent agenda. Narrative The City has hourly (including temporary and/or seasonal) employees. These employees are paid an hourly wage amount (without benefits) and are employed temporarily as needed for short periods of time during the year. The hourly wage chart has historically been included in the annual budget book/process, but was unintentionally omitted from the 2019 book. The hourly wage chart is increased based on increases to the state minimum wage (there is no COLA applied). The 2019 Hourly Employee wage chart and corresponding list of hourly position titles is attached. This item is also being presented to the PSPP committee on 5/14/19 by HR Director Mary Ann Hardie. Attachments: 2019 Hourly Positions by Title Hourly Employees Wage Rate for 2019 Packet Pg. 243 Exhibit A 2.2.a 2019 HOURLY POSITIONS BY PAY GRADE AND TITLE GRADE TITLE DEPARTMENT H01 Summer Preschool Assistant Recreation Gymnastics Assistant Recreation H04 -Temporary Office Support Assistant General H05 Front Desk Receptionist General Gymnastics Instructor 1 Recreation Preschool Assistant Recreation Facility Attendant Recreation H07 Temporary Office Worker General Ranger/Naturalist Recreation r -i e n .evert,, O ffiee, A ssista Dr vncc H08 Mechanic Assistant PW Temporary Laborer Parks/PW Beautification Program Worker Parks Gymnastics Instructor II Recreation H09 Intern 1 General H10 Summer Preschool Supervisor Recreation Ranger Naturalist Lead Recreation H11 Bailiff Court Tennis Instructor Recreation H 12 Intern 2 General H16 Temporary Project Specialist General HPO Police Reserve ($12.00) Police H21 Pro Tem Judges Municipal Court Updated 4.19 NOTE: If you have a seasonal or temporary employee who may be subject to the Teamsters contract language (Article 1.2.2 Seasonal & Temporary Employees), you must track their hours. If they reach 347 hours in the season, they are subject to the Teamsters' contract seasonal pay rate and schedule (Grade B). N c 0 r .y 0 a d m O 0. E W 0 0 x as 0 N d .r c 0 r .y 0 a L 0 r O N r c 0 E z c� Q Packet Pg. 244 2.2.b City of Edmonds 2019 Hourly Employee Wage Schedule GRADE 1st YEAR 2nd YEAR 3rd YEAR 4th YEAR 5th YEAR STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 H1 $12.00 $12.60 $13.23 $13.89 $14.59 H5 $13.50 $14.18 $14.89 $15.63 $16.41 H6 $14.34 $15.05 $15.81 $16.60 $17.43 H7 $15.19 $15.95 $16.75 $17.59 $18.47 H8 $15.74 $16.52 $17.35 $18.22 $19.13 H9 $16.86 $17.71 $18.59 $19.52 $20.50 H10 $17.72 $18.60 $19.53 $20.51 $21.54 H11 $18.72 $19.66 $20.64 $21.67 $22.75 H12 $21.54 $22.61 $23.74 $24.93 $26.18 H13 $24.69 $25.92 $27.22 $28.58 $30.00 H14 $27.11 $28.47 $29.89 $31.38 $32.95 H15 $29.77 $31.26 $32.82 $34.46 $36.19 H16 $32.69 $34.33 $36.04 $37.85 $39.74 H17 $35.91 $37.70 $39.59 $41.57 $43.64 H18 $39.44 $41.42 $43.49 $45.66 $47.94 H19 $43.34 $45.50 $47.78 $50.17 $52.67 H2O $47.62 $50.00 $52.51 $55.13 $57.89 H21 $65.00 Step Advancement: Hourly employees are eligible for step advancements following each completed year of service or return to the same seasonal position the employee occupied the previous year based on performance. Advancement cannot go beyond step 5 of the pay grade. \\edmsvr-deptfs\HR\COMPENSATION & BENEFITS\SALARY & WAGE INFORMATION\SALARY & WAGE INFORMATION 2005- current\2019 Salary and Wage Scales\Hourly Employees Wage FPacket Pg. 245 2.3 City Council Agenda Item Meeting Date: 05/14/2019 Approval of Resources for Housing Commission Staff Lead: Shane Hope Department: Development Services Preparer: Diane Cunningham Background/History The City Council established a Citizens' Housing Commission via Resolution No. 1427 (Attachment 1) on April 16, 2019, with a mission to "develop diverse housing policy options... to expand the range of housing (including rental and owned) available in Edmonds...". The Development Services Department has been working on the process, consistent with the Council's resolution, to provide initial public information and application intake. Much more work will be needed to arrange and carry out the Housing Commission meetings and other public involvement opportunities mentioned in the Resolution, along with supporting development of the Commission's recommendations. Over several prior meetings, the City Council discussed having a meeting facilitator and a community engagement specialist assist with the work. (See Attachments 2, 3, and 4.) At the meetings, when asked, Development Services Director Shane Hope said that her department could provide support for the Citizens' Housing Commission process, including the provision of information on housing issues, but that for extensive public outreach and facilitating the meetings, a community engagement specialist would be very helpful. She indicated that the actual cost of such consultant work could be between $30,000 and $90,000 (depending on the level of expected work). On March 19, the Council discussed splitting the two consultant functions (meeting facilitator and community engagement specialist), so that the first function could get underway by the time --or very soon after --the Citizens' Housing Commission had its first meeting. Following discussion, the City Council voted to direct staff to issue an RFP for the facilitator. The level of resources for consultant or other assistance to help with certain parts of the work still needs to be decided. This is especially critical for three different but complementary aspects: 1. Meeting facilitation 2. Community engagement 3. Meeting minutes or notes. These three aspects are explained in more detail in the Narrative section below. Staff Recommendation Forward to the full Council the request for tentative approval of additional resources to support the Housing Commission's work. Narrative Meeting Facilitator Packet Pg. 246 2.3 Work on the RFP or RFQ for meeting facilitator services is well underway. Because City staff will carry out a key role in the meeting and scheduling process, the facilitator services need not be extensive. However, the consultant would still need to commit time for at least 19 meetings with the Citizens' Housing Commission, plus time before and after each Commission meeting to coordinate with staff. The consultant would also need to attend and/or facilitate 6 additional public events and, generally, stay up to speed and communicate with staff on the process. Of course, the facilitator would need to be skilled at managing meetings, conflict resolution, and communication. For this consultant work, an important question now is: What budget should be planned? We recommend that the budget for the meeting facilitator (separate from a community engagement specialist) be: $9,000 in 2019 and $18,000 in 2020. NOTE: The work in 2019 would extend over approximately half -a -year and the work in 2020 would be for the whole year. Community Engagement Services of a community engagement specialist may come from an individual or a team to reflect different skill sets, for example: planning diverse community outreach events, knowledge of public process, graphic design, website development, survey techniques (including online), data management, and communication methods. For this project, work would include tasks such as: helping to identify approaches to and assistance with hosting and organizing additional public events (such as open houses, town halls, online meetings, pop-up meetings or other types of outreach that would attract a wide range of people), designing graphic information and display boards, designing flyers or brochures, designing website information, developing electronic surveys and organizing the results in a way that is helpful to the community and decision -makers. (Firms that specialize in community engagement often have personnel that are skilled in meeting facilitation, as well as the other skills above. However, meeting facilitation skills may not be necessary for this project if the City hires a separate meeting facilitator under a different contract.) We have previously assumed the community engagement work would be carried out by a consultant firm specializing in that field. The firm would not need experience in housing. Rather, its job is to know how to engage in a broad and positive way with the community and gather information to be shared with others. Another option, however, is to hire a half-time staff person with skills similar to those described above (including but not limited to public process, graphic communication, and website design). The key advantage of hiring a consultant firm is that a broad set of skills can be focused on the project for less hours, resulting in less direct costs. The key advantage of hiring a half-time staff person is that the right person in the job would have more hours to get more things done. We see the budget options for the community engagement specialist (separate from a meeting facilitator) as: In 2019 $27,500 - $53,000 for consultant services or $58,000 for half-time staff person In 2020 $55,000 - $90,000 for consultant services or $117,600 for half-time staff person Packet Pg. 247 2.3 NOTES: 1. The comparison above between a consultant and a half-time staff person is not exactly even. That's because a staff person would also be performing extra hours of research (such as information about other cities), serving as a voice and information source for the public, and providing on -call organizational support, compared to the consultant. 2. The work in 2019 would extend over approximately half -a -year and the work in 2020 would be for the whole year. Combination of MeetinLy Facilitator and Communitv EnLyaeement Soecialist Combining the tasks of the meeting facilitator and the community engagement specialist into one consultant contract is also an option. This would result in cost -savings due to the efficiency of having one firm, rather than two, carrying out consultant roles. It would also require less staff time to administer one contract, rather than two. The direct cost savings of combining the consultant roles/contract is estimated at $4000 in 2019 and $9,000 in 2020. Meeting Minutes or Notes If formal minutes of the Housing Commission meetings are desired, we would need to obtain services of a contractor, such as one of the professional minute -takers that already work for the City. Assuming 7 Commission meetings in 2019 and 12 in 2020 and about $300 per meeting, the needed budget is: $2,100 in 2019 and $3,600 in 2020. The other option is to have staff take informal notes, rather than detailed minutes, at the Housing Commission meetings. The "notes" option would not require additional funding. Other Staff Resources Other staff resources that are presumed to come out of existing staff resources include: advertising for consultant services, developing contracts, overseeing the process (such as setting and tracking timelines; reporting to the City Council; coordinating with the consultant(s); pulling together housing data; providing agendas; communicating news to the public; making or arranging presentations about housing, growth management or other topics for the Housing Commission; preparing memos and reports; and organizing Commission recommendations into the preferred format, etc.) We estimate that the amount of staff hours, even with good consultant assistance for both meeting facilitation and community engagement, to be easily 500 hours over the year -and -a -half period. Without extra assistance for community engagement, the staff hours could be at least 200 more. Not having community engagement help for this project would result in staff having less time to work on other important tasks, including: code amendments, customer service, climate action updates, and any projects related to planning or selected topics that the Council may want the Development Services Department to address during the next year -and -a half. Conclusion The City Council is being asked for general direction on the budget for three aspects of the Housing Commission work (meeting facilitation, community engagement, and meeting minutes/notes). General direction would allow staff to move forward with getting consultant services. However, the Council's final approval can wait until the next quarterly budget amendment process. Packet Pg. 248 2.3 Attachments: Att.1 : Council Minutes of 2.19.19 Att. 2: Council Minutes of 3.19.19 Att. 3: Council Minutes of 4.16.19 Resolution 1427 Packet Pg. 249 2.3.a Councilmember Teitzel said there is no cost to post audio recordings online. Videotaping committee meetings would cost $20,000 for the first year so there is a taxpayer consideration. He supported either Option A or B to make audio recordings of committee meetings conveniently available to the public and the media the next day in the interest of improving transparency and ease of access which is a positive step forward. If the Council had decided to videotape committee meetings, there would still be the issue of creating separate agendas. One downside of not having a quick Council meeting prior to committee meetings is not having an opportunity to approve Consent Agenda items. He was in favor of instructing the city attorney to amend the code to reflect no Council meeting prior to committee meetings and to start committee meetings at 7:00 p.m. Council President Fraley-Monillas commented for 15 years there was no Consent Agenda approval on the second Tuesday of the month and Councilmembers went straight to committee meetings. She acknowledged emergencies may arise requiring a special Council meeting. COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO DIRECT THE CITY ATTORNEY TO DRAFT A MEMO TO AMEND THE EDMONDS CITY CODE TO REFLECT NOT HAVING A COUNCIL MEETING PRIOR TO COMMITTEE MEETINGS ON THE SECOND TUESDAY OF EACH MONTH AND COMMITTEE MEETINGS START AT 7:00 P.M. MOTION CARRIED (6-1) COUNCILMEMBER JOHNSON VOTING NO. COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO CONTINUE TO DIGITALLY AUDIO RECORD CITY COUNCIL COMMITTEE MEETINGS AND DIRECT THE CITY ATTORNEY TO AMEND THE EDMONDS CITY CODE TO REFLECT THAT DIGITAL AUDIO RECORDINGS OF COMMITTEE MEETINGS BE POSTED ONLINE AND THAT NO FULL COUNCIL MEETING BE HELD PRIOR TO COMMITTEE MEETINGS. UPON ROLL CALL, MOTION CARRIED (4-3), COUNCILMEMBERS BUCKSHNIS, MESAROS, TEITZEL AND TIBBOTT VOTING YES; AND COUNCIL PRESIDENT FRALEY-MONILLAS AND COUNCILMEMBERS JOHNSON AND NELSON VOTING NO. 3. AFFORDABLE HOUSING: NEXT STEPS Councilmember Teitzel said this issue has prompted a great deal of discussion and controversy. A number N of Councilmembers have been involved and provided guidance. The intent is to reset the Council's direction — regarding housing issues in Edmonds. This is a study item and suggested Council provide guidance regarding next steps. He read the first three paragraphs of the agenda memo: • Background/History: S o In 2018 the City of Edmonds began the process of developing a Housing Strategy to fulfill a — stated objective of the Housing Element of the city's Comprehensive Plan at P. 96, which c states: 00 ■ "Implementation Action: Develop a strategy by 2019 for increasing the supply of v affordable housing and meeting diverse housing needs." A Housing Task Force was formed to work with Berk Consulting and city staff to develop a rough draft of the strategy Q document, and the draft was subsequently submitted for feedback from the public, the Planning Board, and Council. During public hearings, both formal and informal, it became E clear in feedback from constituents that the citizens were concerned about recommendations put forth in the draft and the potential for public comment to be fully considered in the process. Efforts to redraft a housing options plan have been placed on a hold while Council and staff refocus on the task definition and next steps for moving forward. • Staff Recommendation: o It is recommended that Council further discuss this issue and consider a series of motions to clearly identify the task and next steps to develop housing options recommendations to be Edmonds City Council Approved Minutes February 19, 2019 Page 10 Packet Pg. 250 2.3.a brought to Council that will enhance Edmonds' supply of housing for residents of all income levels. Narrative: o In public comments at various open houses to review the draft housing strategy as well as in public comment before City Council, several common concerns were voiced. First, concern was expressed that the 2019 timeline called out in the Comprehensive Plan for development of an affordable housing strategy is too aggressive and that more time is required to consider all feedback and to develop a plan that preserves Edmonds' character and quality of life. Second, many commenters felt the task force should include Edmonds residents that applied for inclusion on the task force and not be limited to members selected by Edmonds city staff. Finally, many commenters expressed concern the task force members did not fully represent the various areas of Edmonds (e.g., too many were residents of the Edmonds Bowl). o In recognition of these concerns, Council should address the following key questions as study items and establish direction: 1) Should the Comprehensive Plan be amended to extend the due date for development of a housing strategy, and if so, what should be the target due date? 2) Should the Comprehensive Plan be amended to revise the stated objective at P. 96 to be "development of a housing options plan" rather than "develop a strategy for increasing the supply of affordable housing," since the housing element of the Comprehensive Plan already contains strategic direction? 3) Should a citizen Housing Commission be established to work with Staff in developing affordable housing options recommendations to bring before Council? Councilmember Teitzel suggested Council discussion and direction on the three key questions, beginning with the first question. Councilmember Buckshnis said an amendment to the Comprehensive Plan to either remove the objective or extend the due date for developing a housing strategy has been docketed. Council President Fraley-Monillas suggested first discussing whether a housing commission is needed. She said Councilmembers Teitzel and Tibbott determined a citizen housing commission was needed but the Council has not yet affirmed that. Mayor Earling pointed out that is question 3. Councilmember Tibbott relayed his understanding this has been docketed which provides notice that it will be considered via the Comprehensive Plan amendment process which typically occurs in November. He was seeking direction from the Council, noting it may not be necessary for the Council to make a statement now about the Comprehensive Plan amendment as that could be done in November. Development Services Director Shane Hope said the Council cannot make a decision now about a target due date, but could state �j its intent. Councilmember Tibbott said in his opinion more time than 2019 will be required to revise the Comprehensive Plan and he supported pushing the due date into 2020. He commented the word "strategy" Q is somewhat redundant because it is already in the Comprehensive Plan; he preferred "housing options plan." c m E In response to Council President Fraley-Monillas' comment, Councilmember Tibbott said there was no attempt on his part to presume the Council wanted to form a commission; the agenda memo was simply Q articulating what that step could look like in preparation for a robust Council discussion. After some sense of direction, it would be appropriate to return with a resolution to capture the Council's wishes regarding the commission. If Council does not choose to form a commission, they will return to drawing board regarding how to have greater public engagement along with transparency. Edmonds City Council Approved Minutes February 19, 2019 Page 11 Packet Pg. 251 2.3.a Council President Fraley-Monillas referred to question 3 and developing affordable housing options recommendations to bring before Council, and stated her preference to consider all levels of housing including veterans, disabled and senior housing. She recognize that the agenda memo could not list all types of housing but those were major housing types that were missing. Council President Fraley-Monillas commented the City has not had a housing strategy in the Comprehensive Plan in the past and necessary changes have been made via zoning. She asked how greater public engagement and participation could be obtained without a housing strategy. Ms. Hope answered there are at least two aspects of housing as it relates to the city, 1) zoning and development regulations, and 2) potential programs and partnerships with non-profit agencies which are not development code related. Any revisions to development regulations are subject to a public process including open houses, Planning Board meetings and public hearings, etc. Councilmember Buckshnis was supportive of forming a housing commission. She recalled in November the Council discussed the number of members, etc. She inquired about Ms. Hope's task force and if she had time for a housing commission. Ms. Hope explained the task force appointed by Mayor Earling completed its work several months ago. She formed a temporary citizens committee that has completed its work. Councilmember Buckshnis recalled the November memo states the Comprehensive Plan includes a strategy promoting affordable housing. She supported forming a housing commission and looking at this methodically. She referred to ARCH, a Seattle -based organization that works on affordable housing, and affordable housing units that are being sold or rented to people who do not qualify for affordable housing. Ms. Hope said she would be glad to work with the Council and any commission the Council forms. The reason this question was raised was to get Council concurrence because a formal decision had not been made. With regard to question 1, Councilmember Nelson recommended amending the Comprehensive Plan to remove the due date for development of a housing strategy. With regarding to question 2, he said the Comprehensive Plan already contains language regarding a housing strategy. Councilmember Teitzel asked if it was possible to amend the Comprehensive Plan prior to end of year. Ms. Hope said the Comprehensive Plan can only be amended once year with limited exceptions. It was last amended in late 2018 and would typically be amended in late 2019. An amendment could be done slightly earlier in the year but that could result in insufficient time to consider other amendments. Councilmember Teitzel disagreed with Councilmember Nelson, commenting the Comprehensive Plan and 9 housing element provide general strategic direction and if a housing commission is formed, that should be the general framework to guide their efforts. He proposed, at a minimum, that the Council pass a resolution or give clear direction regarding Comprehensive Plan amendments so that that thinking can be incorporated 0 into the development of the commission. Ms. Hope said the Council can adopt a resolution but there is no final decision until the Council adopts the Comprehensive Plan. Q Councilmember Tibbott suggested the Council could leave questions 1 and 2 until the end of the year and consider that issue with other Comprehensive Plan amendments. Councilmember Nelson's proposal may E be entirely adequate or the Council may choose to offer more clarification. Direction is needed from the 0 Council regarding the formation of a housing commission. He cited two important reasons to form a a commission, 1) to involve citizens from throughout the city relative to their zone to gather input for future development of housing, and 2) that input needs to be transparent and a commission offers that opportunity. He and Councilmember Teitzel discussed the timeline for forming a commission and envisioned it could take as long as six weeks to solicit applications and make appointments. During the first couple months the commission would learn about the code, housing options, how the planning process works and then get into Edmonds City Council Approved Minutes February 19, 2019 Page 12 Packet Pg. 252 2.3.a specific policy considerations to give guidance to the City Council regarding housing types and priorities. Councilmember Tibbott concluded he saw the commission as a valuable tool. At Councilmember Tibbott's request, Councilmember Teitzel read the proposed mission statement for the housing commission: develop housing policy options for Council consideration designed to expand the range of housing available to Edmonds residents of varying income levels; options that are irrespective of age, gender, race, religious affiliation or sexual orientation. Councilmember Tibbott said the housing commission would have a very specific focus, to develop housing policy options. Once those options are articulated, they would be brought to Council in the form of a recommendation. He concluded that would be very helpful, important work, and having a broad range of citizens involved would serve the City well for 1-2 decades. (Councilmember Johnson discontinued her participation by phone at 8:54 p.m.) E 0 Councilmember Mesaros expressed support for establishing a date in the Comprehensive Plan; possibly the housing commission could recommend a date when they believe the work will be accomplished but not 3 shortcut the process. He also supported developing housing options and was in favor of forming a housing 0 commission, anticipating it would be a good way to get citizen input. `o Councilmember Nelson commended Councilmembers Tibbott and Teitzel and Ms. Hope for their proposal � regarding the formation of a citizen housing commission. He agreed with the proposal to form a housing commission, commenting he liked the proposed map with seven geographic areas. Based on what has happened in the past he wanted assurance this Council commission would be different and suggested W doubling or tripling the number of members to ensure there was enough input and representation. o Council President Fraley-Monillas asked whether the Council should determine the policy framework first o to provide a field for the commission to work in, recalling a concern regarding the last two groups was that Q the public did not have enough input. She agreed with Councilmember Nelson's suggestion to involve more -- people from each of the seven areas as well as to hold open houses in those areas. Unless open houses are held, only the members of the commission are making decisions. She preferred the majority of work be completed in 2019. N 0 Councilmember Buckshnis referred to questions 1 and 2, explaining both options were docketed last year via Council resolution, 1) the existing language regarding developing a 2019 strategy is deleted in its entirety and, 2) develop a strategy by a certain date. She agreed with forming a housing commission but disagreed the work could be completed in 2019 as it will take time to form the commission, inform them, etc. She agreed with Councilmember Nelson that there should be at least two people from each geographic area although she recognized it was difficult to work with a large commission. �j Councilmember Nelson observed there is consensus on the Council to form a housing commission. Q Councilmember Tibbott said if the Council agrees a commission should be formed, the question is how to form it. The current proposal was intended to be a starting point and he was agreeable to considering two E appointees per Councilmember. Another option is to have other facilitated meetings in addition to 0 commission meetings. For example, open houses and other facilitated events that would hopefully involve a input from hundreds of people, online opportunities as well as other ways to participate. He suggested Council give direction to staff to write an RFQ for a facilitator for commission meetings and other events to maximize the input and to envision housing in Edmonds in the future. He agreed it may be difficult to complete the first phase, housing options, in 2019 but it can be done. He agreed with Councilmember Mesaros' suggestion to allow the commission to determine the date. Edmonds City Council Approved Minutes February 19, 2019 Page 13 Packet Pg. 253 2.3.a Councilmember Teitzel offered to draft an ordinance for further Council discussion that reflects the proposed elements for the commission (on page 147 of the packet) and expanding the number of members to two citizens for each zone. He noted it will take time to publicize the commission openings, review applications, make appointments, etc. Council President Fraley-Monillas asked whether staff had the capacity to facilitate this process. Ms. Hope said her department has some capacity but it is not unlimited. It would be useful to have a consultant to do public engagement and facilitate meetings; staff can provide information, background, what other cities are doing, state requirements, etc. and work with the consultant. Council President Fraley-Monillas asked the cost for a consultant. Ms. Hope said it would depend on how many meetings; $35,000+ but it could be less if there were only 10 meetings. Staff could provide estimate once more information is available. Council President Fraley-Monillas referred to question 3 and suggested it be reworded to, "Should a citizen Housing Commission be established to work with Staff in developing affordable housing options recommendations to bring before Council?" She wanted to ensure the housing commission considered other housing options to include senior, disabled and veteran housing. Councilmember Buckshnis advised funding for a consultant was available via the $93,000 that was moved into the Council's 2019 contingency budget. She suggested the Council discuss whether members should serve on only one City board/commission, voicing her preference that members not be on other boards/commissions. Councilmember Tibbott said Councilmember Buckshnis' suggestion was one of the bullet points regarding the commission. There appears to be agreement among Councilmembers that the zones are a good idea, but he suggested the Council provide input on the housing commission selection criteria. Councilmember Nelson referred to the candidate attributes: number of years living in Edmonds, knowledge of housing issues in Puget Sound region, demonstrated ability to collaborate with others, experience on other boards/commission/committees, rent or own home, occupational status/background, why are you seeking this appointment, and references, relaying that was asking a lot of members that is not asked of other boards/commissions. He suggested broadening the attributes as they are too specific and limiting. Councilmember Mesaros suggested each Councilmember send an email to Councilmembers Tibbott and Teitzel articulating the candidate attributes they like/do not like and Councilmembers Tibbott and Teitzel can return with a recommendation for Council discussion. Council President Fraley-Monillas commented there may also be additional attributes. She agreed this was asking for a lot of information, more than was asked of Council candidates. Councilmember Tibbott suggested Councilmembers also email their thoughts about what should be included in an RFQ for a public engagement/facilitator consultant. Q c m Councilmember Teitzel advised of the intent to notify all citizens of the formation of this commission, E likely a postcard mailer to all Edmonds residents. 10. MAYOR'S COMMENTS Q Mayor Earling announced the Economic Alliance of Snohomish County is sponsoring an economic forecast session tomorrow at 7:30 a.m. at the Lynnwood Conference Center. He has attended last 3-4 years and found it very valuable. Edmonds City Council Approved Minutes February 19, 2019 Page 14 Packet Pg. 254 2.3.b an idea of what they want to see and they will design a pole that works for that. For example, the wood replacement pole in option 1 does not exist now but can be designed and manufactured. He summarized it is a complex ordnance and needs to be adopted by April 2' to have any validity. He was not happy to put the Council in this position but it is the FCC's order. He wanted to put the City in a position to actually regulate small cell instead of allowing small cell to regulate itself. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER MESAROS, TO ACCEPT STAFF RECOMMENDATION AS OUTLINED ON THIS PAGE (SMALL CELL FACILITY OPTIONS) FOR THE AESTHETIC ELEMENT IN THE CURRENT ORDINANCE. Council President Fraley-Monillas asked for clarification. Councilmember Buckshnis said there are so many unknowns but she wanted the best aesthetics for the City and felt the order on the Small Cell Facility Option page was better than the Planning Board's recommendation. MOTION CARRIED UNANIMOUSLY. COUNCILMEMBER MESAROS MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, THAT FOR FREE STANDING SINGLE CELL TOWERS WHICH MAY HAVE MULTIPLE ANTENNAS (FREESTANDING MEANS DO NOT HAVE STREET LIGHTS AND ARE NOT UTILITY POLES) BE LIMITED IN HEIGHT FROM 20 TO 25 FEET UNTIL MORE SPECIFIC INFORMATION IS AVAILABLE ABOUT MULTIPLE TOWERS. MOTION CARRIED UNANIMOUSLY. COUNCIL PRESIDENT FRALEY-MONILLAS MOVED TO INCLUDE IN THE ORDINANCE THAT PROVIDERS LOOK AT USING PRIVATE PROPERTY AND IF THAT IS NOT WORKABLE, GO TO PUBLIC RIGHT-OF-WAY. MOTION DIED FOR LACK OF A SECOND. 2. AFFORDABLE HOUSING: ESTABLISHMENT OF A CITIZENS' HOUSING Councilmember Teitzel asked whether the formation of a Citizens Housing Commission should be done via ordinance or resolution, noting the intent is for a temporary commission that has a sunset date. It was drafted as a resolution but he was open to an ordinance if that was preferable. Development Services Director Shane Hope said either an ordinance or resolution was workable given that it is intended to be a short term commission. The advantage of an ordinance is it is codified; the advantage of a resolution is it provides more flexibility. Councilmember Teitzel asked if there was any legal reason for an ordinance to establish the commission. Mr. Taraday did not think so; it has been the City's norm, but this could be distinguished on the basis of it being temporary. Councilmember Teitzel read the following statement: "Council has heard significant input from our constituents over the past year —in town halls, workshops, public hearings, task force working sessions and via e mail and telephone calls —that the process for establishing an expanded array of housing options should include direct public input from across Edmonds. Our citizens have demanded to be directly involved in city decisions regarding how best to reasonably accommodate expected growth while preserving the charm and character of Edmonds. Three recurring themes have been clearly heard: 1) a Citizens' Housing Commission should be formed via an application process to allow interested citizens an opportunity to participate, 2) enough time should be allowed for the Commission to thoughtfully work through the process of developing housing policy recommendations for Council to consider (completing this process by the end of 2019 is not viewed as attainable) and 3) the Commission should consist of resident representatives from across Edmonds and that residents of the Edmonds Bowl should not be over -represented. Edmonds City Council Approved Minutes March 19, 2019 Page 21 Packet Pg. 255 2.3.b On February 19, Council considered a proposed process to establish a Citizens' Housing Commission to address these three themes. Based on input from Council on February 19, subsequent individual input from Councilmembers and additional input from citizens, the process to establish the Commission has been further refined for discussion and action this evening. Tonight, we have the opportunity to demonstrate we have incorporated public input concerning this issue in a meaningful way as we consider finalizing the process for establishing the new Citizens' Housing Commission. We have several things to accomplish this evening: First, we need to reach agreement on the elements of the resolution that will define the process for establishment of the Commission. These elements are shown at page 727 of our Council packet, and reflect Council input from the February 19 Council meeting. For instance, instead of one Commissioner being selected from each of the seven identified Edmonds zones, that number has been increased to two. Once Council votes to approve these elements, they will be forwarded to our city attorney to draft a resolution for final Council approval. Second, we need to reach agreement on the questions to be asked Commission applicants. Five of the application questions are standard questions asked of applicants for any Edmonds Commission, and two additional questions have been added that relate specifically to the Housing Commission. Based on Council input in the February 19 meeting, the additional questions initially proposed were pared back to these two. Third, Council should reach agreement regarding issuing a post card mailer to all Edmonds households to alert them to the Citizens' Housing Commission application process and deadlines. This process is intended to ensure all Edmonds citizens are made aware of the opportunity to apply for this important role. The cost of this mailer is anticipated to be less than $10,000 and will be paid from available Council contingency funds. Finally, Council should reach agreement to investigate retaining the services of a community engagement and process facilitator to assist the Commission with ensuring the community is kept fully apprised of the Commission's progress, with providing ample opportunity for direct public input, facilitating public open houses about this issue and to guide the Commission's efforts around development of housing policy options for Council consideration. With Council approval, requests for bids by interested and qualified parties will be issued. With that background, I ask the Council to take action on each of these items in order, beginning with the first item: discussion and finalization of the elements of the Citizens' Housing Commission resolution." Council President Fraley-Monillas said she had a number of revisions. First, she requested "affordable housing" be removed from the title as the intent was all housing to include low income housing, veterans housing, disabled housing, and at -market housing. Councilmember Teitzel said the intent of the commission was to focus on housing options across the spectrum in Edmonds and he preferred not to get into specifics in the title and simply call it the Citizens Housing Commission. Councilmember Buckshnis was satisfied with the document, felt a Citizens Housing Commission was needed, and people are motivated. She liked the mission statement which does not even mention affordable housing, she was satisfied with the objectives, with adding the two questions to the application (how long have you lived in Edmonds and do you rent or own your home), agreed with doing a postcard, and suggested wait until the commission is established and gelled before determining whether a facilitator is needed. COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCILMEMBER MESAROS, TO EXTEND THE MEETING UNTIL 10:30 P.M. MOTION CARRIED UNANIMOUSLY. Councilmember Mesaros referred to the suggestion during Audience Comments to appoint alternates and suggested having one alternate for each zone to replace a commissioner unable to attend a meeting. Most commissions with alternates expect them to attend meetings so they are up-to-date on discussions. He Edmonds City Council Approved Minutes March 19, 2019 Page 22 Packet Pg. 256 2.3.b suggested each Councilmember appoint two members and one alternate from their zone The Mayor would appoint one member and an alternate. Council President Fraley-Monillas identified several amendments: • Remove "affordable housing" from the title • First paragraph, "Increase the supply of a€€ord-abl-housing to meet a diverse housing need • Bullet 4, rather than state the commission will meet the third Thursday of each month, state the commission will meet once per month and leave the meeting date up to the commission • Add "are you a landlord in Edmonds" to the information requested from applicants Council President Fraley-Monillas suggested public outreach sessions be held in each zone. She asked the cost of sending a postcard and for a facilitator. Development Services Director Shane Hope said the cost of sending a postcard to every address in the City is about $10,000. The cost of a facilitator depends on how much work they do, the community engagement process, etc. so it could range from $30,000 to $100,000. Councilmember Tibbott said theoretically an RFQ for a facilitator could attract someone from Edmonds who might choose to volunteer their time and the cost would be their expenses for conducting meetings. Ms. Hope assumed the Council was interested in a facilitator as well as a community engagement specialist who would work on web information and a variety of technical things in addition to setting up meetings, coordinating with staff on data collection, public outreach, etc. Councilmember Tibbott asked if there could be a separate facilitator and a public engagement person. Ms. Hope answered yes, they could be separate although they would need to coordinate. Councilmember Tibbott anticipated the public engagement process could be much shorter than the duration of the commission. He recommended separating those two roles and having a facilitator from the beginning to assist with formulating a work plan. He agreed with appointing alternates and recommended they receive meeting materials but not be seated at the table with commissioners. With regard to meeting on the third Thursday, it was Councilmember Tibbott's understanding City meeting rooms are full most nights and space was available on the third Thursday. Ms. Hope suggested the meeting date did not need to be included in the resolution but the notification could state the third Thursday would be the likely meeting date. Councilmember Tibbott asked who would assign Councilmembers to zones. Council President Fraley-Monillas said she will make those assignments. Councilmember Nelson was interested in having someone help with community engagement but did not see a facilitator as a value -add, commenting the commissioners will be able to proceed with Council direction. With regard to appointing alternates, he was skeptical about having 21 people at every meeting and suggested having a couple of alternates at large who can fill in as needed. Councilmember Mesaros commented on the importance of having a facilitator. He recalled during the merger of the two 911 boards, they tried to do it without a facilitator. Multiple meetings were held where there was a lot of discussion but they were unable to reach resolution. Once a facilitator was hired, the group was able to make decisions. A facilitator need not offer recommendations but helps the group move forward. The Snohomish County 911 Board has 15 members and 30 alternates (1st and 2nd alternates). The alternates sit on the outside and do not participate in discussion unless called upon. Only the board members participate in the meeting but having the alternates present allows them to step in if a board member is absent. He envisioned a commission with 15 members and alternates could function well. Councilmember Buckshnis agreed with Councilmember Mesaros about alternates, noting the Salmon Recovery Council has several alternates. She recalled the first EDC had 21-22 members. She asked whether Ms. Hope could be the facilitator. Ms. Hope envision her role would be to show what information is Edmonds City Council Approved Minutes March 19, 2019 Page 23 Packet Pg. 257 2.3.b available, make presentations about GMA, etc. Councilmember Buckshnis asked if Ms. Hope thought the commission should have a facilitator. Ms. Hope answered yes, explaining she can provide expertise but it would be helpful to have a facilitator to run the meeting, keep them on track, etc. She recommended having a facilitator from the beginning. Councilmember Buckshnis agreed. Council President Fraley-Monillas agreed with having a professional facilitator who does not have any connection to Edmonds, noting after the last two groups, there was a lack of trust in the process. She suggested perhaps having a public hearing so all citizens have an opportunity for input into the process. Councilmember Teitzel summarized the changes the Council requested: • First three bullets remain unchanged • 4' bullet: "Commission will meet at least once per month at a time and day agreeable to the Commission" • 5t' bullet: "The Commission shall host public outreach session (open houses, town halls, etc.) once per quarter to provide updates on its process on developing housing policy options and recommendations. The Commission will define locations in Edmonds for these meeting, focusing on moving to various locations." 9t' bullet: The Commission will consist of 15 voting members and each Councilmember will select two appointees and one alternate per zone and the Mayor will select one appointee and one alternate. The Mayor's selection will be from the remaining pool of applicants after Councilmembers have made their decisions. Ex-officio members may be added at Council's discretion." COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCILMEMBER TIBBOTT, TO SEND THE RESOLUTION AS REVISED TO MR. TARADAY TO DEVELOP INTO A RESOLUTION TO BRING BACK TO THE COUNCIL. COUNCIL PRESIDENT FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER TEITZEL, TO ADD TO THE COMMISSION APPLICATION, A QUESTION "ARE YOU A LANDLORD IN EDMONDS?" MOTION CARRIED UNANIMOUSLY. COUNCIL PRESIDENT FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER TIBBOTT, TO REMOVE THE WORDS "AFFORDABLE HOUSING" FROM THE TITLE AND ANY PLACE ELSE IN THE DOCUMENT AND REPLACE IT WITH "DIVERSE HOUSING" WHICH COULD BE INTERPRETED FROM MARKET RATE TO VETERAN OR LOW INCOME HOUSING. MOTION CARRIED UNANIMOUSLY. COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, THAT THE COUNCIL DIRECT STAFF TO ISSUE AN RFP FOR A FACILITATOR FOR THE CITIZENS HOUSING COMMISSION. MOTION CARRIED (5-1), COUNCILMEMBER NELSON VOTING NO. Councilmember Teitzel asked if the intent was a separate facilitator and person to focus on community engagement. Councilmember Mesaros recognized both skill sets were needed and suggested not deciding now whether that that was one person or two. COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO APPROVE DEVELOPMENT OF A POSTCARD MAILER PAID FOR WITH COUNCIL CONTINGENCY FUNDS TO APPRISE ALL EDMONDS CITIZENS OF THE AVAILABILITY OF THE APPLICATION PROCESS FOR THE CITIZENS HOUSING COMMISSION. MOTION CARRIED UNANIMOUSLY. Edmonds City Council Approved Minutes March 19, 2019 Page 24 Packet Pg. 258 2.3.b Council President Fraley-Monillas asked about having a public hearing on the document. Councilmember Teitzel said he has attended a number of meetings over the past year and a half and has heard a lot of public input, received a lot of phone calls and emails, heard public testimony during Council meetings, etc. It is time to move ahead and he was uncertain a public hearing was necessary at this point. UQlei IW4111UM01101DIDo49DI01:71R 1. COUNCIL COMMITTEE REPORTS AND MINUTES This item was postponed to beginning of Council agenda next week. 10. MAYOR'S COMMENTS Mayor Earling reported he attended the Lynnwood City Council meeting last night along with most of the entities working on the purchase of the Rodeo Inn property including Verdant and Edmonds School District. Lynnwood is doing a series of inspections on the property and hope to reach a conclusion in the next few weeks. The group is committed to moving ahead provided the property reports are satisfactory. 11. COUNCIL COMMENTS Councilmember Buckshnis reappointed Nichol Hughes to the Economic Development Commission. She reminded of the public event, meeting at Holy Rosary, on Saturday at 10 a.m. to plant 150 native plants along Shell Creek with the Tree Board and Students Saving Salmon. Councilmember Mesaros reappointed Kevin Harris to the Economic Development Commission. Council President Fraley-Monillas thanked the City Council for reading their packets and for asking questions of staff in advance. COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCILMEMBER MESAROS, TO EXTEND THE MEETING UNTIL 10:35 P.M. MOTION CARRIED UNANIMOUSLY. Councilmember Nelson announced he will be submitting a budget request next week for additional police overtime up to $50,000 for targeted traffic enforcement along Hwy 99 and other pedestrian vulnerable areas for the next 6 months to prevent further loss of life and injury. He believed the City needed to move urgently on this issue. The City's 2018 Transportation Safety Plan lists engineering, education and enforcement actions needed to reach the goal of providing a safer transportation system. That plan reviews collision data from 2012-2016; over half the collisions have occurred on Hwy 99. In the section of Hwy 99 in Edmonds, there are four times more crashes than the average arterial roadway in the State of Washington. Of these crashes, eight involved pedestrians, four were jaywalkers and four were drivers failing to yield to pedestrians in crosswalks at intersections. Citywide, 40% of all collisions involve pedestrians; 60% occur during the daytime, 68% occur during clear days with dry conditions and 90% involve non -impaired driver or pedestrian. Since 2017 on Hwy 99, 12 pedestrians have been hit and 2 have been killed. Engineering is only one measure to improve traffic safety. He understood there were projects planned for Hwy 99 but enforcement was something that could be done now. Councilmember Teitzel reappointed Jamie Reece to the Economic Development Commission and thanked him for his continued service. Councilmember Teitzel reported on the Booker T Jones performance at the Edmonds Center for the Arts. He recognized the ECA staff and the over 125 volunteers who contribute their time at events. Edmonds City Council Approved Minutes March 19, 2019 Page 25 Packet Pg. 259 2.3.c Finance Director Scott James reviewed: • $372,559 were Previously Discussed by Council • $455,484 are New Items for Council to Consider expenditures • $294,905 in net new revenues • Overall Fund Balance Reduced by $533,138 • 19 Decision Packages Total $828,043 in New Expenditures 1. Judge Salary Increase: $7,530 2. End of Mill Creek DV Coordinator Interlocal: $9,414 3. Police Department Equipment Grants & Reimbursements 4. Building Department Professional Services — $75,000 (self -funded) 5. CTR Incentive Program: $4,250 6. Increase to Assisted Living/Long Term Care Fund: $22,650 7. Snow Storm Recovery: $17,500 (Street Division) 8. 76th Ave/212th Intersection Improvements: $197,650 9. 238th Island and ADA Curb Ramps: $54,370 10. Haines Wharf & Don Feine Memorial Benches: $2,865 11. Snow Storm Recovery: $23,000 (Storm Division) 12. Replace Unit #183-POL 2010 Toyota Prius: $19,000 13. Edmonds Community College Gym rentals for Adult Volleyball program: $3,865 (Carryforward) 14. Fire Panel Replacement: $108,000 (Carryforward) 15. 89th PI Retaining Wall: $7,600 16. Brackett's Landing North Benches: $13,094 17. Water Meter Reader Handheld Upgrade: $15,000 18. Water Division Billing and Meter Analysis: $15,000 19. Three Ford Police Utility Vehicles: $248,000 Council President Fraley-Monillas clarified the Police Department utility vehicles was budgeted in 2018 but was not spent so it was being carried forward. Mr. James agreed. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER TIBBOTT MOVED TO APPROVE ORDINANCE NO. 4148, AMENDING THE 2019 BUDGET. MOTION CARRIED UNANIMOUSLY. 3. COUNCIL HOUSING COMMISSION RESOLUTION Councilmember Teitzel referred to the detailed agenda memo in the packet and read a summary into the record: In 2017 the City of Edmonds began the process of developing a housing strategy geared to expanding the range of housing options for current and future residents. Since that time, there have been 29 public touchpoints regarding this issue including open houses, task force meetings, Planning Board meetings, advisory committee meetings, town hall and City Council meetings. As this process has progressed, Council has clearly heard citizens' desire for significantly more direct public input into the process of developing policies around expanded housing options in Edmonds. The Council is acting on that input. On February 9, 2019, the Council heard citizen testimony about housing policy, discussed next steps toward enhancing public input into the development of diverse housing option and determined a citizens' housing commission should be established. On March 19, 2019, the Council heard additional citizen testimony abut the proposed housing commission process, further refined details around formation of the citizens housing commission and directed the City Attorney to draft a resolution to create the commission. Edmonds City Council Approved Minutes April 16, 2019 Page 10 Packet Pg. 260 2.3.c The Council has clearly heard three primary themes and feedback received from citizens: a process should be established to enable citizens to apply to serve on the housing commission rather than establishing a commission by appointment. Sufficient time should be provided to enable the commission, council and staff to work together to develop a range of housing policy recommendations that serve Edmonds' best long term interests. The commission should consist of balanced representation from throughout Edmonds. The proposed resolution addresses each of themes and is the product of significant public input and reflects direct input and suggestion by each Councilmember. Approval of the proposed resolution will enable the application process to proceed, allow identification of a range of commissioners, and enable the commission to be seated by early summer so it can begin its important work on the City' behalf. Establishment of the citizens housing commission will enable direct and diverse input by citizens from across Edmonds and will help drive toward a range of housing policy options that all can be proud of. COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO APPROVE RESOLUTION NO. 1427, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, ESTABLISHING THE CITIZENS' HOUSING COMMISSION. COUNCILMEMBER NELSON MOVED, SECONDED BY COUNCIL PRESIDENT FRALEY- MONILLAS, TO AMEND SECTION LB BY REMOVING THE LAST SENTENCE, "EX OFFICIO MEMBERS MAY BE ADDED AT THE COUNCIL'S DISCRETION." Councilmember Teitzel commented other commissions/boards have ex officio members. An argument could be made to keep that sentence but he did not feel strongly about it. Councilmember Buckshnis supported removing that sentence, recognizing the public has an opportunity to speak at board and commission meetings. Councilmember Nelson said his primary concern was he wanted this to be citizen -driven commission and he feared other members could provide undue influence. In light of the history of this process, it was best not to have ex officio members. AMENDMENT CARRIED UNANIMOUSLY. MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY. Council President Fraley-Monillas commented there are some wrap up items to be discussed such as the notification of citizens about applying for the commission and assigning Councilmembers to areas on the map as most Councilmembers lives in one of the areas. 4. OPTION FOR ADDRESSING NONCONFORMANCE IN LIMITED MANNER Environmental Program Manager Kernen Lien reviewed: • Nonconforming Building o ECDC 17.40.020.A A nonconforming building is one which once met bulk zoning standards and the site development standards applicable to its construction, but which no longer conforms to such standards due to the enactment or amendment of the zoning ordinance of the city of Edmonds or the application of such ordinance in the case of a structure annexed to the city. • Restoration o ECDC 17.40.020.F If a nonconforming building or structure is destroyed or is damaged in an amount equal to 75 percent or more of its replacement cost at the time of destruction, said building shall not be Edmonds City Council Approved Minutes April 16, 2019 Page 11 Packet Pg. 261 2.3.d RESOLUTION NO. 1427 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, ESTABLISHING THE CITIZENS' HOUSING COMMISSION WHEREAS, in 2017 the City of Edmonds began the process of developing a Housing Strategy to fulfill an objective of the Housing Element of the city's Comprehensive Plan at P. 96, which states: "Implementation Action: Develop a strategy by 2019 for increasing the supply of affordable housing and meeting diverse housing needs;" and WHEREAS, the Council has heard numerous comments and concerns from our constituents that the process for establishing policies around an expanded range of housing options should be revised to include greater public input and balanced representation; and WHEREAS, three primary themes have emerged from input the Council has received from its constituents; and WHEREAS, first, rather than an Administration -appointed task force working toward housing policy recommendations, members of the public have expressed a strong preference for a process which establishes a Housing Commission via applications from interested citizens; and WHEREAS, second, a strong preference has been expressed for sufficient time to be provided for all housing -related issues to be thoroughly vetted to enable policy recommendations to be brought forward that are in Edmonds' long term best interests; and WHEREAS, finally, the public has made clear it expects members of the Housing Commission should represent all areas of Edmonds and the Edmonds Bowl should not be over- represented; and WHEREAS, on December 11, 2018, the Council passed Resolution 1420 to docket a Comprehensive Plan amendment that is expected to result in the removal of the 2019 timeline for establishment of an Edmonds Affordable Housing strategy as called for in the current Comprehensive Plan and to provide additional time for development of an appropriate array of diverse housing options for Edmonds; and WHEREAS, the Council also agrees that the process for citizen involvement should be retooled to encourage volunteer participation from across Edmonds; and WHEREAS, the expanded timeline for development of diverse housing policy options provides the opportunity to establish a Citizens' Housing Commission to enable direct citizen involvement in this important process; and Packet Pg. 262 2.3.d WHEREAS, on February 19, 2019, the Council discussed next steps toward achieving this objective; and WHEREAS, a significant initial step will be to establish a Citizens' Housing Commission to assess all factors that must be considered in driving toward housing policies that expand the supply of diverse housing options while maintaining Edmonds' character and quality of life; and WHEREAS, on February 19, 2019, the Council also provided direction that such a Commission should be formed; and WHEREAS, on March 19, 2019, the Council provided more specific direction as to the contents of a resolution that would create the Citizens' Housing Commission; now therefore, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Citizens' Housing Commission Created. The Citizens' Housing Commission is hereby created and shall be subject to the following provisions: A. Mission. The mission of the new Citizens' Housing Commission shall be as follows: Develop diverse housing policy options for Council consideration designed to expand the range of housing (including rental and owned) available in Edmonds; options that are irrespective of age, gender, race, religious affiliation, physical disability or sexual orientation. B. Appointment Process. The Commission shall consist of fifteen voting members: each Councilmember will select two appointees and one alternate; and the mayor will select one appointee and one alternate. The mayor's selection will be from the remaining pool of applicants after Councilmembers have made their selections. C. Appointment by Zone. Each of the seven Councilmembers shall be assigned a particular zone at the Council President's direction and will be responsible for assessing applications from that zone (see map attached as Exhibit A describing the seven geographic zones of Edmonds which will be attached to the Commission application form). Each Councilmember will select two appointees and one alternate from his/her assigned zone. In the event that there are insufficient applicants to fill the positions for a particular zone, the Councilmember assigned to that zone may select from the remaining applicants residing in any other zone, but only after the other Councilmembers have made their selections. D. Meetings. The Commission will meet at least once per month on a day and time to be determined by the Commission, and may meet more frequently at the Commission's discretion. The time and place of the first meeting of the Commission shall be established by the Council President. 2 Packet Pg. 263 2.3.d E. Voting. Alternates should attend meetings to remain current on the Commission's progress but shall not be voting members unless they are participating in lieu of an absent Commissioner from their assigned zone. F. Liaisons. Two Councilmembers shall be assigned to the Commission as Council Liaisons in an advisory (non -voting) role. G. Public Outreach. The Commission shall host public outreach sessions (open houses, town halls, etc.) once per quarter at varying public locations within Edmonds to provide updates on its progress in developing housing option policy recommendations. H. Website Updates. The status of the Commission's work on the development of expanded housing options shall be updated regularly on the city's Housing website. I. Reporting to the Council. The Commission shall report progress to the Council at least once per quarter, beginning in the 3rd quarter of 2019. J. Sunset Date. The Commission will complete its work by December 31, 2020 and have a sunset date of January 1, 2021. Section 2. Recruiting. A post card will be sent to each Edmonds household announcing the application process and deadlines. This mailing will be in addition to the process normally used to publicize Commission application availability (e.g., City website announcements, articles in local media, etc.). Section 3. Application Process. Applicants for appointment to the Commission shall be subject to the following: A. Qualifications. Commission applicants must be current residents of Edmonds. B. Zones. Each applicant must identify which of the seven "zones" he/she lives within (see map attached as Exhibit A describing the seven geographic zones of Edmonds which will be attached to the Commission application form). C. Application Contents. The following information will be requested on the application form: a. Occupational status and background. b. Organizational affiliation. c. Why are you seeking this appointment? d. What skills and knowledge do you have to meet the selection criteria? e. List any other Board, Commission, Committee or official position you currently hold with the City of Edmonds. f. How long have you lived in Edmonds? g. Do you rent or own your home? h. Are you currently a landlord of property located in Edmonds? Note: items a-e above are standard questions of applicants for any Edmonds Board or Commission. Items f-h above are specific to the Edmonds Citizens' Housing Commission. 3 Packet Pg. 264 2.3.d RESOLVED this 161h day of April, 2019. CITY OF EDMONDS M'AYOR,'DAVE EARLING ATTEST: CLERK, SC ASSEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. April 12, 2019 April 16, 2019 1427 4 Packet Pg. 265 OF ED4�� City of Edmonds Census -based Area Map Igo. lggo 0 1,000 2,000 4,000 Feet Sooth-Coo Park QC N O\y�,pCC�Ce�N W E S BeaNew Pak Hutt ve�k fia 0�? � see�lew '�,� Ekmentay Blerre PeM SoM1utM1 ' rls Park PeeeM1 Main St. Trek v .......... ,......................................... 196th St. SW M klePlewootl lull K� ­e eel 651 220th St. SW 212th St. SW v t 01 Z Pe* Mettmee KA SCM1ooI U Wootlway Elementay leke Bellinger Perk Eamo�w: Community College CP Eleme MO,l Place 'Etlle S-1 City of Edmonds 121 5th Ave N o Edmonds, WA 98202 h 1 inch = 2,000 feet February 201 Edmonds Housing Strateg Packet Pg. 266 2.4 City Council Agenda Item Meeting Date: 05/14/2019 March 2019 Quarterly Financial Report Staff Lead: Dave Turley Department: Administrative Services Preparer: Sarah Mager Background/History N/A Staff Recommendation Review and move to full council for presentation Narrative March 2019 Quarterly Financial Report Attachments: Complete March 2019 Quarterly Financial Report Packet Pg. 267 2.4.a INSIDE THIS ISSUE: Revenues By Fund Summary Expenditures By Fund Summary General Fund Revenues Expenditures By Fund Detail Gen. Fund Depart- ment Expenditures Investment Portfolio Fund Balance Overview Below: According to Northwest Multiple Listings Service, the median closing price in March for residential homes and condos in Snohomish County was $415,950. Median Closed Price $415,950 13 34 Summary of Operating Funds: Revenues The Financial Management Report is a summary of the City's preliminary operating results for the three months ended March 31, 201 ! Revenue Highlights: Overall preliminary City- wide revenues are behind last year at this time by $70,810 (a 0.4% de- crease), while General Fund revenues of $7.046 million are $42,001 ahead of last year's first quarter revenue of $7.004 million (page 1). Retail Sales & Use Tax Revenues are ahead of last year at this time by $202,115 and at $2.1 mil- lion are 7% ahead of the 2019 forecast (page 3). Revenues by Category: General Fund revenues for Q 12019 are higher than Q 12018 in the cate- gories of Charges for Goods and Ser- vices, and Other miscellaneous reve- nues. General Fund revenues are lower than last year at this time in the categories of Taxes; Licenses and Permits; In- tergovernmental revenues; and Fines and Penal- ties. 2019 REET Revenues are $82,285 or 13% Above: The Puget Sound region saw record snow- fall this winter. Over 20 inches of snow fell in Feb- ruary alone, making it the snowiest February on record for the area. An average month of February has only one day of snow, usually an inch or less. behind forecast, and actual 2019 reve- nues are 45% behind Q1 2018. A more detailed breakdown of infor- mation for City revenues can be found be- ginning on page 3. Revenues for Special Revenue Funds not including the REET funds are $920K or 43% behind last year, with the Street Construction/Improvement Fund $957K behind last year. The re- mainder of the Special Revenue Funds are $37,500 ahead of Q1 2018. 2 Preliminary Financial Management Report as of March 3L 2019 Packet Pg. 268 2.4.a !')'nmmary of Oneratinoy Firnrlc- F,rnnnnli.tnrnc • Although Q 1 I2019 General Fund expendi- I Right: After 31 years I downtown, El Puerto closed its doors on March 31. I I I I I I Below: The I Edmonds Floretum Garden Club started the hanging basket I program in 1922, and they are still helping to keep I Edmonds beautiful 97 years later. tures are $665,511 (7%) higher than last year, they come in $604,806 (5%) under the budgeted amount, demon- strating fiscal responsibility and careful spending by City staff. By comparison, for the full 12 months of 2018, preliminary General Fund expenditures also came in a very respectable $3.9 million (8%) under budget. General Fund expenses by sub - fund and line item categories are on page 6 and expenses by depart- ment are on pages 13-16. Every department in the General Fund is at or near budget at March 31, and the General Fund as a whole has spent 24% of their annual budget. This same information can be found in graphical form on pages 23-31. Compared to Q 12018, expendi- tures in Special Revenue Funds are $363,436 lower than last year ($977 thou- ared to $1.3 mil- lion). This de- crease is mostly due to a spend- ing decrease of $500 thousand in the Street Con- struction Fund. �. • Special Rev- enue Fund ex- penditures so far are $3.2 million (77%) under budget. I The vast majority of this is due to I BEET -funded capital projects and Street Construction projects getting off to a slow start. Additional Special I Revenue Fund expenditure infor- mation can be found on pages 6-8. • Total fund balances for the General I Fund and Subfunds at March 31, 2019 is $12.4 million, or approximately I 28% of the adopted 2019 expenditure budgets for those funds. Other Highlights During the Quarter I • On March 20, Edmonds received the Association of Washington Cities I "Well City Award" for the third year in a row at the Healthy Worksite Sum- mit in Lynnwood. I 2 Preliminary Financial Management Report as of March 3L 2019 Packet Pg. 269 I 2.4.a I Page 1 of 1 C ITY O F IDMO NDS REVENUES BY FUND - SUMMARY Fund 2019 Amended 3/31/2018 3/31/2019 Amount No. Title Budget Revenues Revenues Remaining %Receives 001 GENERAL FUND $ 40,774,939 $ 7,004,229 $ 7,046,230 $ 33,728,709 17 009 LEOFF-MEDICAL INS. RESERVE 437,980 2,601 - 437,980 0 011 RISK MANAGEMENT FUND 28,210 6,417 - 28,210 0 012 CONTINGENCY RESERVE FUND 182,400 38,675 - 182,400 0 014 HISTORIC PRESERVATION GIFT FUND 5,230 52 - 5,230 0 017 MARSH RESTORATION & PRESERVATION FUND 556,800 6,825 1,445 555,355 0 N 018 EDMONDS HOMELESSNESS RESPONSE FUND - - - - 0 .� V 019 EDMONDS OPIOID RESPONSE FUND - - - - 0 cv 104 DRUG ENFORCEMENT FUND 165,430 40,156 3,262 162,168 2 C LL 111 STREET FUND 1,859,270 358,034 345,166 1,514,104 19 112 COMBINED STREET CONST/IMPROVE 1 6,942,283 1,678,638 721,560 6,220,723 10 L 117 MUNICIPAL ARTS ACQUIS. FUND 150,910 12,894 15,564 135,346 10 Cy 118 MEMORIAL STREET TREE 580 127 143 437 25 cn 120 HOTEL/MOTEL TAX REVENUE FUND 94,730 17,570 18,221 76,509 19 N 121 EMPLOYEE PARKING PERMIT FUND 26,170 9,026 9,385 16,785 36 v 122 YOUTH SCHOLARSHIP FUND 1,680 200 110 1,570 7 L 123 TOURISM PROMOTIONAL FUND/ARTS 31,250 11,606 6,389 24,861 20 v 125 REAL ESTATE EXCISE TAX 2 1,597,600 517,421 281,882 1,315,718 18 0 126 REAL ESTATE EXCISE TAX 1, PARKS ACQ FUND 1,604,020 521,248 284,431 1,319,589 18 a) 127 GIFTS CATALOG FUND 2 82,100 29,193 76,193 5,907 93 !C 130 CEMETERY MAINTENANCE/IMPROVEMT 182,560 33,458 36,959 145,601 20 r- 136 PARKSTRUST FUND 4,870 1,108 1,208 3,662 25 = LL 137 CEMETERY MAINTENANCE TRUST FD 44,500 10,062 11,433 33,067 26 >+ 138 SISTER CITY COMMISSION 10,240 54 61 10,179 1 L 0 140 BUSINESS IMPROVEMENT DISTRICT - 38,877 37,348 (37,348) 0 7 211 L.I.D. FUND CONTROL 12,400 - 6,169 6,231 50 0) 231 2012 LT GO DEBT SERVICE FUND 716,420 - - 716,420 0 N 332 PARKS CAPITAL CONSTRUCTION FUND 2,885,649 85,900 38,592 2,847,057 1 v 411 COMBINED UTILITY OPERATION - 40,127 39,011 (39,011) 0 e`o 421 WATER UTILITYFUND3 10,473,626 2,185,570 2,356,988 8,116,638 23 y 422 STORM UTILITY FUND 3 5,461,148 1,354,608 1,748,008 3,713,140 32 Q. 423 SEWER/WWTP UTILITY FUND 4 14,386,296 2,706,458 3,596,168 10,790,128 25 C 424 BOND RESERVE FUND 1,995,280 2 3 1,995,277 0 V 511 EQUIPMENT RENTAL FUND 1,763,760 445,324 445,930 1,317,830 25 CD 512 TECHNOLOGY RENTAL FUND 1,101,798 318,281 275,978 825,820 25 E 617 FIREMEN'S PENSION FUND 72,040 1,506 1,602 70,438 2 v $ 93,652,169 $17,476,246 $ 17,405,436 $ 76,246,733 19' r r Q 9 Differences primarily due to prior year Grant Billings 2 Differences primarily due to a $50,000 estate donation. 3 Differences primarily due to a 9%increase in water, a 10%increase in storm, and a 1.45%decrease in water tax. 4 Differences due to contributed capital billings to WWTP partners in 2019, as well as 9.5%increase in sewer. 1 rac,ecei Pg. 270 I 2.4.a I Page 1 of 1 CITY OF EDMO NDS EXPENDITURES BY FUND - SUMMARY Fund 2019 Amended 3/31/2018 3/31/2019 Amount No. Title Budget Expenditures Expenditures Remaining %Spent 001 GENERAL FUND $ 45,072,209 $ 9,997,735 $ 10,663,246 $ 34,408,963 240i 009 LEOFF-MEDICAL INS. RESERVE 444,270 117,037 119,069 325,201 270i 014 HISTORIC PRESERVATION GIFT FUND 5,400 - 5,533 (133) 1020i 018 EDMONDS HOMELESSNESS RESPONSE FUND - 1,862 (1,862) 00i 019 EDMONDS OPIOID RESPONSE FUND 200,000 - - 200,000 00/ 0 104 DRUG ENFORCEMENT FUND 45,800 32,939 - 45,800 N 00/ 111 STREET FUND 2,234,528 528,149 552,352 1,682,176 250i •V 112 COMBINED STREET CONST/IMPROVE 6,694,745 591,350 91,583 6,603,162 10/ C 117 MUNICIPAL ARTS ACQUIS. FUND 181,880 8,916 7,632 174,248 40/ j,L 120 HOTEL/MOTEL TAX REVENUE FUND 100,400 6,843 17,216 83,184 17°i i 121 EMPLOYEE PARKING PERMIT FUND 26,880 - - 26,880 N 00/ ca 122 YOUTH SCHOLARSHIP FUND 3,000 450 1,236 1,764 41°i Cy 123 TOURISM PROMOTIONAL FUND/ARTS 32,000 1,891 - 32,000 00/ CD 125 REAL ESTATE EXCISE TAX 2 3,318,916 134,584 199,750 3,119,166 60i N 126 REAL ESTATE EXCISE TAX 1, PARKS ACQ FUND 3,864,701 18,880 46,099 3,818,602 s 10i i 127 GIFT S CATALOG FUND 77,795 154 18,010 59,785 230i 130 CEMETERY MAINTENANCE/IMPROVEMT 194,707 49,160 40,260 154,447 210i 136 PARKS TRUST FUND 5,000 - 2,465 2,535 490i O 0. 138 SISTER CITY COMMISSION 10,500 19 357 10,143 N 30/ W 140 BUSINESS IMPROVEMENT DISTRICT 5 - 17,544 20,298 (20,298) 00/ •v 211 L.I.D. FUND CONTROL 12,400 - - 12,400 00/ C 231 2012 LT GO DEBT SERVICE FUND 716,410 - - 716,410 00/ jy 332 PARKS CAPITAL CONSTRUCTION FUND 3,997,428 32,891 11,686 3,985,742 00i L 421 WATER UTILITY FUND 12,908,995 1,663,779 1,830,022 11,078,973 d 140i 422 STORM UTILITY FUND 9,995,035 767,013 815,711 9,179,324 80/ Cy 423 SEWER/WWTP UTILITY FUND 17,721,484 1,698,478 1,755,880 15,965,604 100i 0) 424 BOND RESERVE FUND 1,991,210 - - 1,991,210 00/ N t 511 EQUIPMENT RENTAL FUND 2,704,431 185,295 335,768 2,368,663 120i L 512 TECHNOLOGYRENTALFUND 1,179,911 293,273 320,177 859,734 270/ 2 617 FIREMEN'S PENSION FUND 78,627 21,191 20,484 58,143 260i $ 113,818,662 $16,167,571 $ 16,876,698 $ 96,941,964 15°r F 5 Business Improvement District is not included in the City Budget; activity is here for reporting purposes only. 2 Packet Pg. 271 2.4.a Page 1 of 3 CITY OF EDMO NDS REVENUES - GENERAL FUND 2019 Amended 3/31/2018 3/31/2019 Amount Title Budget Revenues Revenues Remaining % Received TAXIES: 1 REAL PERSONAL / PROPERTY TAX 2 EMSPROPERTY TAX 3 VOTED PROPERTY TAX 4 LOCAL RETAIL SALES/USE TAX 6 5 NATURAL GAS USE TAX 6 1/10 SALES TAX LOCAL CRIM JUST 7 ELECTRIC UTILITY TAX 8 GASUTILITY TAX 9 SOLID WASTE UTILITY TAX 10 WATER UTILITY TAX 11 SEWERUTILITYTAX 12 STORMWATER UTILITY TAX 13 T.V. CABLE UTILITY TAX 14 TELEPHONE UTILITY TAX 15 PULLTABSTAX 16 AMUSEMENT GAMES 17 LEASEHOLD EXCISE TAX LIC INS ES AND PERMITS: 18 FIRE PERMITS -SPECIAL USE 19 POLICE - FINGERPRINTING 20 AMUSEMENTS 21 VENDING MACHINE/CONCESSION 22 FRANCHISE AGREEMENT-COMCAST 23 FRANCHISE FEE-EDUCATION/GOVERNMENT 24 FRANCHISE AGREEMENT -VERIZON/FRONT IER 25 FRANCHISE AGREEMENT -BLACKROCK 26 OLYMPIC VIEW WATER DISTRICT FRANCHISE 27 GENERAL BUSINESS LICENSE 28 DEV SERV PERMIT SURCHARGE 29 NON-RESIDENT BUS LICENSE 30 RIGHT OF WAY FRANCHISE FEE 31 BUILDING STRUCTURE PERMITS 32 ANIMAL LICENSES 33 STREET AND CURB PERMIT 34 OTRNON-BUSLIC/PERMITS INTERGOVERNMENTAL: 35 DOI 15-0404-0-1-754 - BULLET PROOF VEST 36 WA ASSOC OF SHERIFF'S TRAFFIC GRANT 37 TARGET ZERO TEAMS GRANT 38 HIGH VISIBILITY ENFORCEMENT 39 STATE GRANTS- BUDGET ONLY 40 PUD PRIVILEDGE TAX 41 DOCKSIDE DRILLS GRANT REIMBURSE 42 SHORELINE MASTER PROGRAM DOE 43 MVET/SPECIAL DISTRIBUTION 44 TRIAL COURT IMPROVEMENT 45 CRIMINAL JUSTICE -SPECIAL PROGRAMS 46 MARIJUANA EXCISE TAX DISTRIBUTION 47 DUI - CITIES 48 LIQUOR EXCISE TAX 49 LIQUOR BOARD PROFITS 50 VERDANT INTERLOCAL GRANTS 51 FIRST RESPONDERS FLEX FUND $ 10,548,203 $ 547,882 $ 373,904 $ 10,174,299 40/( 4,044,220 209,688 144,289 3,899,931 4°/ 500 1,824 5 495 10/( 7,825,000 1,886,310 2,088,425 5,736,575 270/( 8,100 - 3,166 4,934 390/( 779,500 190,580 199,274 580,226 260/( 1,691,300 535,565 526,085 1,165,215 310/( 626,600 268,029 229,186 397,414 370/( 350,900 85,495 86,743 264,157 250/( 1,211,800 276,867 277,300 934,500 230/( 840,900 196,110 214,852 626,048 260/( 446,300 120,110 132,411 313,889 300/( 862,100 206,854 199,482 662,618 230/( 967,200 265,638 220,849 746,351 230/( 53,500 13,021 17,509 35,991 330/( 40 - - 40 00/( 251,900 65,553 66,834 185,066 270/( 30,508,063 4,869,527 4,780,314 25,727,749 160/, 250 125 60 190 240/( 450 145 200 250 440/( 6,330 2,475 2,050 4,280 320/( 50,000 724 942 49,058 2°/ 713,500 177,926 170,196 543,304 240/( 41,200 10,414 10,414 30,786 250/( 106,900 26,966 25,371 81,529 240/( 14,000 3,734 - 14,000 0°/ 325,100 67,668 77,912 247,188 240/( 122,200 65,909 56,235 65,965 460/( 63,400 20,390 14,620 48,780 230/( 75,900 32,900 35,100 40,800 460/( 15,000 50,292 13,097 1,903 870/ 703,600 148,152 104,708 598,892 1501( 27,500 6,705 6,068 21,432 220/( 50,000 11,460 9,220 40,780 180/( 18,500 5,058 4,778 13,722 260/( 2,333,830 631,043 530,971 1,802,859 230/( 6,006 - - 6,006 00/( - - 2,285 (2,285) 00/( 4,000 584 675 3,325 170/( 7,100 2,028 - 7,100 00/( 18,000 - - 18,000 00/c 199,500 - - 199,500 00/( - - 1,014 (1,014) 00/( - - 6,453 (6,453) 00/( 13,800 2,924 3,050 10,750 220/( 16,716 4,138 4,061 12,655 240/( 45,600 10,592 11,003 34,597 240/( 45,000 30,559 15,049 29,951 330/( 6,000 1,525 1,521 4,479 250/( 215,000 48,005 51,700 163,300 240/( 342,000 85,480 85,246 256,754 250/( - 5,810 - - 00/( - - 705 (705) 00/c 918,722 191,645 182,762 735,960 200/( 2 6 2019 Local Retail Sales/Use Tax revenues are $202,115 higher than 2018 revenues. Please also seepages pages 18 & 19. 3 Packet Pg. 272 1 Title CHARGES FOR GOODS AND SERVICES: 1 RECORD/LEGAL INSTRUMENTS 2 ATM SURCHARGE FEES 3 CREDIT CARD FEES 4 COURT RECORD SERVICES 5 D/M COURT REC SER 6 WARRANT PREPARATION FEE 7 IT TIME PAY FEE 8 MUNIC.-DIST. COURT CURR EXPEN 9 SALE MAPS & BOOKS 10 CLERKS TIME FOR SALE OF PARKING PERMITS 11 BID SUPPLIES REIMBURSEMENT 12 PHOTOCOPIES 13 POLICE DISCLOSURE REQUESTS 14 ENGINEERING FEES AND CHARGES 15 ELECTION CANDIDATE FILINGFEES 16 SNO-ISLE 17 PASSPORTS AND NATURALIZATION FEES 18 POLICE SERVICES SPECIAL EVENTS 19 CAMPUS SAFETY-EDM. SCH. DIST. 20 WOODWAY-LAW PROTECTION 21 MISCELLANEOUS POLICE SERVICES 22 FIRE DISTRICT #1 STATION BILLINGS 23 LEGAL SERVICES 24 FIRE PROTECTION & EMS FOR DUI 25 ADULT PROBATION SERVICE CHARGE 26 BOOKING FEES 27 FIRE CONSTRUCTION INSPECTION FEES 28 EMERGENCY SERVICE FEES 29 EMS TRANSPORT USER FEE 30 FLEX FUEL PAYMENTS FROM STATIONS 31 ANIMAL CONTROL SHELTER 32 ZONING/SUBDIVISION FEE 33 PLAN CHECKING FEES 34 FIRE PLAN CHECK FEES 35 PLANNING 1% INSPECTION FEE 36 S.E.P.A. REVIEW 37 CRITICAL AREA STUDY 38 DV COORDINATOR SERVICES 39 GYM AND WEIGHTROOM FEES 40 PROGRAM FEES 41 TAXABLE RECREATION ACTIVITIES 42 WINTER MARKET REGISTRATION FEES 43 BIRD FEST REGISTRATION FEES 44 INTERFUND REIMBURSEMENT -CONTRACT SVCS 2.4.a Page 2 of 3 CITY OF EDMO NDS REVENUES - GENERAL FUND 2019 Amended 3/31/2018 3/31/2019 Amount Budget Revenues Revenues Remaining %Received 3,000 877 400 2,600 130/( 400 74 54 346 130 10,000 3,284 3,274 6,726 330/( - - 70 (70) 00/( 300 50 30 270 100/( 5,500 1,184 3,219 2,281 590 1,000 250 357 643 360/( 100 25 72 28 720/( 100 14 14 86 140/( 25,100 - - 25,100 0°/ 600 - - 600 00/c 1,000 256 142 858 140 500 63 - 500 00/c 200,000 39,315 47,307 152,693 240/( - 1,486 - - 00/c 78,000 23,126 20,127 57,873 260/( 21,000 5,375 6,820 14,180 320/( 30,000 - - 30,000 0°/ 125,550 - 36,252 89,298 290/( 193,067 12,095 67,067 126,000 350/( 1,500 - 2 1,498 00/( 50,000 14,095 13,632 36,368 270/( - 109 687 (687) 00/( - - 117 (117) 0°/ 54,000 11,355 11,223 42,777 210/( 400 353 859 (459) 215% 12,560 5,535 4,200 8,360 330/( 3,000 568 1,249 1,751 420/( 852,100 182,866 246,163 605,937 290/( 2,500 1,005 629 1,871 250/( 50 - - 50 00/( 102,300 50,382 31,695 70,605 310/( 350,900 100,303 222,637 128,263 630/( 6,500 3,290 2,140 4,360 330/( 1,000 - - 1,000 00/( 5,000 4,690 2,930 2,070 590/( 14,000 4,800 4,050 9,950 290/( 11,460 2,818 3,530 7,930 310/( 13,000 4,697 3,530 9,470 270/( 910,740 300,908 250,011 660,729 270/( 1,300 191 451 850 350/( 5,000 - - 5,000 0°/ 1,000 - - 1,000 00/( 2,624,792 242,113 264,873 2,359,919 100/( 5,718,319 1,017,551 1,249,812 4,468,507 220/( 2 4 Packet Pg. 273 1 2.4.a Page 3 of 3 CITY OF EDMO NDS REVENUES - GENERAL FUND 2019 Amended 3/31/2018 3/31/2019 Amount Title Budget Revenues Revenues Remaining %Received FINES AND PENALTIES: 1 PROOF OF VEHICLE INS PENALTY 2 TRAFFIC INFRACTION PENALTIES 3 NC TRAFFIC INFRACTION 4 CRT COST FEE CODE LEG ASSESSMENT (LGA) 5 NON -TRAFFIC INFRACTION PENALTIES 6 OTHERINFRACTIONS'04 7 PARKINGINFRACTION PENALTIES 8 PARK/INDDISZONE 9 DWI PENALTIES 10 DUI - DP ACCT 11 CRIM CNV FEE DUI 12 DUI - DP FEE 13 OTHER CRIMINAL TRAF MISDEM PEN 14 CRIMINAL TRAFFIC MISDEMEANOR 8/03 15 CRIMINAL CONVICTION FEE CT 16 CRIM CONV FEE CT 17 OTHER NON-T RAF MISDEMEANOR PEN 18 OTHER NON TRAFFIC MISD. 8/03 19 COURT DV PENALTY ASSESSMENT 20 CRIMINAL CONVICTION FEE CN 21 CRIM CONV FEE CN 22 PUBLIC DEFENSE RECOUPMENT 23 BANK CHARGE FOR CONY. DEFENDANT 24 COURT COST RECOUPMENT 25 BUS. LICENSE PERMIT PENALTY 26 MISC FINES AND PENALTIES MISCELLANEOUS: 27 INVESTMENT INTEREST 28 INTEREST ON COUNTY TAXES 29 INTEREST - COURT COLLECTIONS 30 PARKING 31 SPACE/FACILITIESRENTALS 32 BRACKET ROOM RENTAL 33 LEASESLONG-TERM 34 DONATION/CONTRIBUTION 35 PARKSDONATIONS 36 BIRD FEST CONTRIBUTIONS 37 POLICE CONTRIBUTIONS FROM PRIV SOURCES 38 SALE OF JUNK/SALVAGE 39 SALES OF UNCLAIM PROPERTY 40 CONFISCATED AND FORFEITED PROPERTY 41 OTHER JUDGEMENT/SETTLEMENT 42 POLICE JUDGMENT SiRESI'ITUTION 43 CASHIERS OVERAGES/SHORTAGES 44 OTHER MISC REVENUES 45 SMALL OVERPAYMENT 46 NSF FEES - PARKS & REC 47 NSF FEES - MUNICIPAL COURT 48 US BANK REBATE TRANSFERS -IN: 49 TRANSFER FROM FUND 127 TOTAL GENERAL FUND REVENUE 7,500 2,297 882 6,618 120/( 290,000 71,794 59,354 230,646 200/( 31,000 8,980 5,040 25,960 160/( 38,000 9,345 4,548 33,452 120/( 1,000 3,300 - 1,000 00/c 800 251 142 658 180/( 159,000 39,453 39,070 119,930 250/( 800 183 811 (11) 1010/( 6,000 1,937 1,896 4,104 320/( 1,000 233 162 838 160/( 200 17 41 159 200/( 1,500 140 538 962 360/( 135 69 - 135 00/( 30,000 14,136 10,389 19,611 350/( 3,600 873 794 2,806 220/( 1,000 296 187 813 190/( 100 - (2,792) 2,892 2792% 13,000 4,529 4,614 8,386 350/( 600 124 38 562 60/( 1,600 482 254 1,346 160/( 500 128 95 405 190/( 18,500 4,798 3,239 15,261 180/( 12,000 2,969 3,738 8,262 310/( 7,000 1,990 1,148 5,852 160/( 10,000 8,350 4,450 5,550 450/( 300 - 595 (295) 198% 635,135 176,674 139,233 495,902 22°/ 248,160 39,964 83,553 164,607 340/( 9,210 2,216 4,292 4,918 47°/ 3,000 2,101 1,857 1,143 620/( 3,724 - - 00/( 153,000 13,170 10,288 142,712 70/( 5,000 740 970 4,030 190/( 185,000 47,675 51,193 133,807 280/( 7,000 388 3,385 3,615 480/( 4,350 2,880 350 4,000 8°/ 1,500 210 210 1,290 140/( 1,000 - - 1,000 0°/ 300 58 68 232 230/( 3,000 738 1,314 1,686 440/( 2,000 - - 2,000 0°/ 2,000 - 3 1,997 0°/ 200 20 299 (99) 1490/( - 15 (151) 151 0°/ 2,000 2,214 1,927 73 960/( 30 18 36 (6) 1210/( 20 - - 20 00/( 300 77 53 247 180/( 7,500 1,582 3,491 4,009 470/( 634,570 117,790 163,138 471,432 260% 26,300 - - 26,300 00/( 26,300 - - 26,300 00% $ 40,774,939 $ 7,004,229 $ 7,046,230 $ 33,728,709 170% 2 5 Packet Pg. 274 2.4.a Page 1 of 6 C ITY O F EDMO NDS EXPENDITURES BY FUND - DETAIL 2019 Amended 3/31/2018 3/31/2019 Amount Title Budget Expenditures Expenditures Remaining %Spent GENERAL FUND EXPENDITURES (001) 1 SALARIES AND WAGES $ 16,409,998 $ 3,512,367 $ 3,772,831 $ 12,637,167 230/ 2 OVERTIME 488,380 146,682 174,000 314,380 360/ 3 HOLIDAY BUY BACK 250,491 - 2,689 247,802 10/ 4 BENEFITS 6,105,521 1,385,251 1,508,398 4,597,123 250/ 5 UNIFORMS 90,475 25,189 28,439 62,036 310/ 6 SUPPLIES 376,780 83,912 97,419 279,361 260/ 7 SMALL EQUIPMENT 193,710 8,105 32,591 161,119 170/ 8 PROFESSIONAL SERVICES 7 14,909,721 482,785 3,599,908 11,309,813 240/ 9 COMMUNICATIONS 157,435 31,927 29,515 127,920 190/ 10 TRAVEL 66,280 7,548 6,159 60,121 90/ 11 EXCISE TAXES 6,500 529 435 6,065 70/ 12 RENTAL/LEASE 1,838,704 491,228 457,058 1,381,646 250/ 13 INSURANCE 431,095 437,253 436,448 (5,353) 1010/ 14 UTILITIES 460,625 117,502 129,596 331,029 280/ 15 REPAIRS&MAINTENANCE 476,030 103,930 188,185 287,845 400/ 16 MISCELLANEOUS 557,054 110,188 124,577 432,477 220/ 17 INTERGOVERNMENTAL SERVICES - 3,020,113 - 00/ 18 INTERGOVERNMENTAL PAYMENTS 75,000 75,000 - 1000/ 19 INTERFUND SUBSIDIES 1,953,108 - - 1,953,108 00/ 20 MACHINERY/EQUIPMENT 27,042 33,227 - 27,042 00/ 21 GENERAL OBLIGATION BOND PRINCIPAL 183,710 - - 183,710 00/ 22 OTHER INTEREST & DEBT SERVICE COSTS 500 - 500 00/ 23 INTEREST ON LONG-TERM EXTERNAL DEBT 14,050 - - 14,050 00/ 45,072,209 9,997,735 10,663,247 34,408,962 240/ LEO FF-MEDICAL INS. RESERVE (009) 24 BENEFITS $ 184,000 $ 58,976 $ 56,819 $ 127,181 310/ 25 PENSION AND DISABILITY PAYMENTS 252,990 58,061 61,825 191,165 240/ 26 PROFESSIONAL SERVICES 7,000 - - 7,000 00/ 27 MISCELLANEOUS 280 - 425 (145) 1520/ 444,270 117,037 119,069 325,201 270/ HISTORIC PRESERVATION GHTFUND (014) 28 SUPPLIES $ 100 $ - $ - $ 100 00/ 29 PROFESSIONAL SERVICES 200 - 200 00/ 30 MISCELLANEOUS 5,100 5,533 (433) 1080/ 5,400 5,533 (133) 1020/ EDMONDS HOMELESSNESS RESPONSEFUND (018) 31 PROFESSIONAL SERVICES $ - $ $ 1,862 $ (1,862) 00/ - 1,862 (1,862) 00/ EDMONDS OPIOID RESPONSEFUND (019) 32 INTERFUND SUBSIDIES $ 200,000 $ $ - $ 200,000 00/ 200,000 - 200,000 00/ DRUG INFO RCEMENTFUND (104) 33 PROFESSIONAL SERVICES $ 45,000 $ $ - $ 45,000 00/ 34 REPAIR/MAINT 800 - 800 00/ 35 INTERGOVERNMENTAL SERVICES - 32,939 - - 00/ 45,800 32,939 - 45,800 00/ 2 7 The difference for "intergovernmental services" and "professional services" is due to a change in BARS coding. 6 Packet Pg. 275 I 2.4.a I Page 2 of 6 C ITY O F EDMO NDS EXPENDITURES BY FUND - DETAIL 2019 Amended 3/31/2018 3/31/2019 Amount Title Budget Expenditures Expenditures Remaining %Spent S TREET FUND (111) 1 SALARIES AND WAGES $ 795,977 $ 127,231 $ 129,938 $ 666,039 160/ 2 OVERTIME 18,400 7,085 23,763 (5,363) 1290/ 3 BENEFITS 264,125 65,639 64,988 199,137 250/ 4 UNIFORMS 6,000 2,660 1,798 4,202 300/ 5 SUPPLIES 335,000 55,139 46,553 288,447 140/ 6 SMALL EQUIPMENT 20,000 - 14 19,986 00/ 7 PROFESSIONAL SERVICES 26,140 4,602 5,452 20,688 210/ 8 COMMUNICATIONS 4,500 1,888 1,415 3,085 310/ 9 TRAVEL 1,000 - - 1,000 00/ 10 RENTAL/LEASE 268,280 46,413 66,653 201,627 250/ 11 INSURANCE 153,881 156,645 156,514 (2,633) 1020/ 12 UTILITIES 276,605 49,329 52,685 223,920 190/ 13 REPAIRS&MAINTENANCE 52,000 11,038 2,228 49,772 40/ 14 MISCELLANEOUS 8,000 479 352 7,648 40/ 15 GENERAL OBLIGATION BOND PRINCIPAL 4,040 - - 4,040 00/ 16 INTEREST 580 - - 580 00/ $ 2,234,528 $ 528,149 $ 552,352 $ 1,682,176 250/ COMBINED STREETC0NST/IMPROVE(112) 17 SALARIES AND WAGES 18 BENEFITS 19 PROFESSIONAL SERVICES 20 REPAIRS & MAINTENANCE 21 INTERFUND SUBSIDIES 22 LAND 23 CONSTRUCTION PROJECTS 24 INTERGOVERNMENTAL LOANS 25 INTEREST MUNICIPAL ARTS ACQUIS. FUND (117) 26 SUPPLIES 27 SMALL EQUIPMENT 28 PROFESSIONAL SERVICES 29 TRAVEL 30 RENTAL/LEASE 31 REPAIRS & MAINTENANCE 32 MISCELLANEOUS HOTEL/MOTEL, TAX REVENUE FUND (120) 33 PROFESSIONAL SERVICES 34 MISCELLANEOUS 35 INTERFUND SUBSIDIES EMPLOYEE PARKING PERMIT FUND (121) 36 SUPPLIES 37 PROFESSIONAL SERVICES YOUTH SCHOLARSHIP FUND (122) 38 MISCELLANEOUS TOURISM PROMOTIONAL FUND/ARTS (123) 39 PROFESSIONAL SERVICES 40 MISCELLANEOUS $ - $ 2,577 $ - $ - 00/ 961 2,100 - 961 00/ 3,865,563 1,608 20,438 3,845,125 10/ 1,138,238 - 5,394 1,132,845 00/ 47,710 - 47,710 00/ 38,500 - - 38,500 00/ 1,529,223 585,065 65,751 1,463,472 4°i 72,220 - - 72,220 00/ 2,330 - - 2,330 00/ $ 6,694,745 $ 591,350 $ 91,583 $ 6,603,162 10/ $ 4,700 $ 18 $ 86 $ 4,614 20/ 1,700 - - 1,700 00/ 166,500 7,745 6,293 160,207 40/ 80 9 6 74 80/ 2,000 - - 2,000 00/ 300 - - 300 00/ 6,600 1,144 1,247 5,353 190/ $ 181,880 $ 8,916 $ 7,632 $ 174,248 40/ $ 95,400 $ 6,843 $ 16,633 $ 78,767 170/ 1,000 - 583 417 580/ 4,000 - - 4,000 00/ $ 100,400 $ 6,843 $ 17,216 $ 83,184 170/ $ 1,790 $ $ - $ 1,790 00/ 25,090 - 25,090 00/ $ 26,880 $ $ - $ 26,880 00/ $ 3,000 $ 450 $ 1,236 $ 1,764 410/ $ 3,000 $ 450 $ 1,236 $ 1,764 410/ $ 28,500 $ 1,891 $ - $ 28,500 00/ 3,500 - - 3,500 00/ $ 32,000 $ 1,891 $ - $ 32,000 00/ 2 7 Packet Pg. 276 I 2.4.a I Page 3 of 6 C ITY O F EDMO NDS EXPENDITURES BY FUND - DETAIL 2019 Amended 3/31/2018 3/31/2019 Amount Title Budget Expenditures Expenditures Remaining %Spent REAL ES TATE EXC IS E TAX 2 (125) 1 SUPPLIES $ 21,000 $ 20,915 $ 13,246 $ 7,754 630/ 2 PROFESSIONAL SERVICES 573,910 17,736 25,391 548,519 40/ 3 RENTAL/LEASE - - 381 (381) 00/ 4 REPAIRS&MAINTENANCE 591,156 12,794 578,362 20/ 5 LAND 100,000 - - 100,000 00/ 6 CONSTRUCTION PROJECTS 2,032,850 95,933 147,938 1,884,912 70/ REAL ESTATE EXCISE TAX I, PARKS ACQ (126) 7 PROFESSIONAL SERVICES 8 REPAIRS & MAINTENANCE 9 INTERFUND SUBSIDIES 10 LAND 11 CONSTRUCTION PROJECTS 12 GENERAL OBLIGATION BONDS 13 INTEREST GIFTS CATALOG FUND (127) 14 SUPPLIES 15 SMALL EQUIPMENT 16 PROFESSIONAL SERVICES 17 REPAIRS & MAINTENANCE 18 MISCELLANEOUS 19 INTERFUND SUBSIDIES C EWEIERY MAINTENANC FAMPRO VEMENT (130) 20 SALARIES AND WAGES 21 OVERTIME 22 BENEFITS 23 UNIFORMS 24 SUPPLIES 25 SUPPLIES PURCHASED FOR INVENTORY/RESALE 26 SMALL EQUIPMENT 27 PROFESSIONAL SERVICES 28 COMMUNICATIONS 29 TRAVEL 30 RENTAL/LEASE 31 UTILITIES 32 REPAIRS & MAINTENANCE 33 MISCELLANEOUS PARES TRUSTFUND (136) 34 SMALL EQUIPMENT 35 INTERFUND SUBSIDIES SISTER CITY COMMISSION (138) 36 SUPPLIES 37 TRAVEL 38 MISCELLANEOUS BUSINESS IMPROVEMENTDISTRICTFUND (140) 39 SUPPLIES 40 PROFESSIONAL SERVICES 41 MISCELLANEOUS LID FUND C O NTRO L (211) 42 INTERFUND SUBSIDIES 2012 LTGO DEBT SERVIC FUND (231) 43 GENERAL OBLIGATION BOND 44 INTEREST $ 3,318,916 $ 134,584 $ 199,750 $ 3,119,166 69 G sZ $ 197,050 $ 18,712 $ 10,101 186,949 501 658,879 - 19,719 639,160 30/ 133,030 - 133,030 0./ •v 100,000 - - 100,000 00/ 2,748,902 168 16,280 2,732,622 10/ 23,480 - - 23,480 00/ jL 3,360 - - 3,360 00/ $ 3,864,701 $ 18,880 $ 46,099 $ 3,818,602 10/ $ 17,820 $ - $ 17,437 $ 383 98-/ 15,325 574 14,751 40/ (J 6,500 - 6,500 00/ CD 11,250 - - 11,250 00/ o 600 154 - 600 00/ N 26,300 - - 26,300 00/ v $ 77,795 $ 154 $ 18,010 $ 59,785 230/ $ 93,593 $ 18,451 $ 19,671 $ 73,922 210/ 3,500 671 1,182 2,318 340/ O 38,909 8,469 9,289 29,620 240/ N 1,000 - 225 775 230/ w 7,000 11,287 168 6,832 20ru 20,000 4,683 2,163 17,837 11°/ 'v 1,246 (1,246) 00/ 4,200 352 176 4,024 40/ C 1,410 396 261 1,149 19°/ IL 500 - - 500 00/ % 6,260 2,910 1,565 4,695 25°/ N 3,835 931 864 2,972 23-/ 500 - - 500 00/ 3 14,000 1,010 3,450 10,550 25'/ Cy $ 194,707 $ 49,160 $ 40,260 $ 154,447 210/ CD $ 5,000 $ $ 2,465 $ 2,535 490/ - - - 00/ $ 5,000 $ $ 2,465 $ 2,535 490/ $ 1,500 $ $ - $ 1,500 00/ 4,500 4,500 00/ 4,500 19 357 4,143 80/ $ 10,500 $ 19 $ 357 $ 10,143 30/ $ $ - $ 4,220 $ (4,220) 00/ 16,878 15,407 (15,407) 00/ 666 670 (670) 00/ 17,544 20,298 20,298 00/ $ 12,400 $ $ - $ 12,400 00/ $ 12,400 $ $ - $ 12,400 00/ $ 609,630 $ $ - $ 609,630 00/ 106,780 - 106,780 00/ $ 716,410 $ $ - $ 716,410 00/ 8 Packet Pg. 277 2.4.a Page 4 of 6 CITY OF EDMO NDS EXPENDITURES BY FUND - DETAIL 2019 Amended 3/31/2018 3/31/2019 Amount Title Budget Expenditures Expenditures Remaining %Spent PARKS CONSTRUCTION FUND (332) 1 PROFESSIONAL SERVICES $ 4,760 $ - $ $ 4,760 04 2 CONSTRUCTION PROJECTS 3,992,668 32,891 11,686 3,980,982 04 $ 3,997,428 $ 32,891 $ 11,686 $ 3,985,742 00 WATER FUND (421) 3 SALARIES AND WAGES $ 845,003 $ 185,051 $ 195,637 $ 649,366 230 4 OVERTIME 24,000 4,874 7,289 16,711 300 5 BENEFITS 371,025 78,937 93,095 277,930 250 6 UNIFORMS 4,000 2,222 591 3,409 150 7 SUPPLIES 150,000 18,392 11,477 138,523 84 8 FUEL CONSUMED - 70 - - 09 9 WATER PURCHASED FOR RESALE 1,950,000 327,381 339,144 1,610,856 170 10 SUPPLIES PURCHASED FOR INVENTORY/RESALE 170,000 23,661 19,952 150,048 120 11 SMALL EQUIPMENT 11,000 1,144 833 10,167 84 12 PROFESSIONAL SERVICES 863,372 81,681 108,574 754,798 130 13 COMMUNICATIONS 30,000 6,149 5,466 24,534 180 14 TRAVEL 200 - - 200 00 15 EXCISE TAXES 8 1,649,700 97,680 378,600 1,271,100 230 16 RENTAL/LEASE 155,532 36,070 38,507 117,025 250 17 INSURANCE 54,423 56,738 55,096 (673) 1010 18 UTILITIES 35,310 6,721 7,840 27,470 220 19 REPAIRS& MAINTENANCE 1,603,100 13,989 9,981 1,593,119 14 20 MISCELLANEOUS 121,400 29,864 33,671 87,729 280 21 INTERGOVERNMENTAL SERVICES - 6,576 - - 04 22 INTERFUND TAXES 8 - 276,867 - 04 23 INTERFUND SUBSIDIES 646,370 - - 646,370 00 24 CONSTRUCTION PROJECTS 3,614,690 409,711 524,269 3,090,421 150 25 GENERAL OBLIGATION BONDS 2,710 - - 2,710 04 26 REVENUE BONDS 355,740 355,740 04 27 INTERGOVERNMENTAL LOANS 25,840 25,840 04 28 INTEREST 225,580 - - 225,580 04 $ 12,908,995 $ 1,663,779 $ 1,830,022 $ 11,078,973 140 S TO RM FUND (422) 29 SALARIES AND WAGES $ 702,584 $ 162,109 $ 177,307 $ 525,277 250 30 OVERTIME 6,000 2,896 25,391 (19,391) 4230 31 BENEFITS 360,829 82,517 93,837 266,992 260 32 UNIFORMS 6,500 4,261 2,881 3,619 440 33 SUPPLIES 46,000 9,178 14,002 31,998 300 34 SMALL EQUIPMENT 4,000 - 375 3,625 94 35 PROFESSIONAL SERVICES 1,711,075 64,425 81,476 1,629,599 54 36 COMMUNICATIONS 3,200 1,274 1,021 2,179 320 37 TRAVEL 4,300 - - 4,300 00 38 EXCISE TAXES 8 470,100 18,978 153,231 316,869 330 39 RENTAL/LEASE 246,404 61,761 61,503 184,901 250 40 INSURANCE 125,390 178,798 127,548 (2,158) 1020 41 UTILITES 10,710 2,788 3,320 7,390 310 42 REPAIR & MAINTENANCE 439,568 9,490 9,829 429,739 24 43 MISCELLANEOUS 113,100 22,349 35,591 77,509 310 44 INTERGOVERNMENTAL SERVICES - 15,023 - - 04 45 INTERFUND TAXES AND OPERATING ASSESSMENT 8 - 120,110 - 04 46 INTERFUND SUBSIDIES 297,750 - - 297,750 04 47 CONSTRUCTION PROJECTS 4,987,891 11,057 28,401 4,959,490 14 48 GENERAL OBLIGATION BONDS 98,900 - - 98,900 00 49 REVENUE BONDS 173,940 173,940 00 50 INTERGOVERNMENTAL LOANS 55,639 55,639 04 51 INTEREST 131,155 - - 131,155 00 $ 9,995,035 $ 767,013 $ 815,711 $ 9,179,324 80 8 The difference for "interfund taxes" and "excise taxes" is due to a change in BARS coding. 9 Packet Pg. 278 I 2.4.a I Page 5 of 6 CITY O F EDMO NDS EXPENDITURES BY FUND - DETAIL 2019 Amended 3/31/2018 3/31/2019 Amount Title Budget Expenditures Expenditures Remaining %Spent SEWER FUND (423) 1 SALARIES AND WAGES $ 1,850,763 $ 430,091 $ 456,148 $ 1,394,615 250 2 OVERTIME 95,000 21,896 27,154 67,846 290 3 BENEFITS 815,177 185,368 188,065 627,112 230 4 UNIFORMS 9,500 4,819 3,688 5,812 390 5 SUPPLIES 417,200 58,972 45,429 371,771 110 6 FUEL CONSUMED 80,000 16,409 2,501 77,499 34 7 SUPPLIES PURCHASED FOR INV OR RESALE 4,000 - - 4,000 00 8 SMALL EQUIPMENT 50,000 15,626 1,797 48,203 40 9 PROFESSIONAL SERVICES 1,599,670 164,926 193,531 1,406,139 120 10 COMMUNICATIONS 43,000 10,031 7,975 35,025 190 11 TRAVEL 5,000 - - 5,000 04 12 EXCISE TAXES 9 973,000 53,878 274,999 698,001 280 13 RENTAL/LEASE 313,469 76,773 92,848 220,621 300 14 INSURANCE 184,261 117,717 184,604 (343) 100° 15 UTILITIES 1,231,310 176,570 157,664 1,073,646 130 16 REPAIR & MAINTENANCE 695,000 46,884 58,398 636,602 80 17 MISCELLANEOUS 125,650 32,906 16,518 109,132 130 18 INTERGOVERNMENTAL SERVICES - 35,420 - - 04 19 INTERFUND TAXESAND OPERATING ASSESSMENT 9 20 INTERFUND SUBSIDIES 21 MACHINERY/EQUIPMENT 22 CONSTRUCTION PROJECTS 23 GENERAL OBLIGATION BONDS 24 REVENUE BONDS 25 INTERGOVERNMENTAL LOANS 26 INTEREST 27 OTHER INTEREST & DEBT SERVICE COSTS BOND RESERVE FUND (424) 28 REVENUE BONDS 29 INTEREST - 196,110 - 04 2,420,671 - 2,420,671 00 30,000 11,898 - 30,000 00 6,300,393 21,899 24,276 6,276,117 04 150,050 - - 150,050 04 80,340 - - 80,340 00 172,540 14,045 14,371 158,169 80 75,490 3,557 3,371 72,119 44 - 2,683 2,543 (2,543) 00 $ 17,721,484 $ 1,698,478 $ 1,755,880 $ 15,965,604 100 $ 740,010 $ $ $ 740,010 04 1,251,200 1,251,200 04 $ 1,991,210 $ $ $ 1,991,210 00 9 The difference for "interfund taxes" and "excise taxes" is due to a change in BARS coding. 10 Packet Pg. 279 I 2.4.a I Page 6 of 6 C ITY OF EDMO NDS EXPENDITURES BY FUND - DETAIL 2019 Amended 3/31/2018 3/31/2019 Amount Title Budget Expenditures Expenditures Remaining %Spent EQ UIPMFNT RENTAL FUND (511) 1 SALARIES AND WAGES $ 259,309 $ 61,571 $ 65,443 $ 193,866 250 2 OVERTIME 2,000 - 8,081 (6,081) 4040 3 BENEFITS 113,207 26,619 29,131 84,076 260 4 UNIFORMS 1,000 704 736 264 740 5 SUPPLIES 110,000 17,965 41,956 68,044 380 6 FUEL CONSUMED 1,000 - - 1,000 04 7 SUPPLIES PURCHASED FOR INVENTORY/RESALE 273,000 22,745 39,778 233,222 150 8 SMALL EQUIPMENT 58,000 1,287 385 57,615 10 9 PROFESSIONAL SERVICES 46,580 2,109 348 46,232 10 10 COMMUNICATIONS 3,000 550 535 2,465 180 11 TRAVEL 1,000 - - 1,000 00 12 RENTAL/LEASE 14,120 2,358 3,426 10,694 240 13 INSURANCE 32,015 29,464 30,167 1,848 940 14 UTILITIES 14,200 3,828 4,391 9,809 310 15 REPAIRS& MAINTENANCE 60,000 7,152 7,422 52,578 120 16 MISCELLANEOUS 12,000 180 - 12,000 0° 17 MACHINERY/EQUIPMENT 1,704,000 8,763 103,969 1,600,031 64 $ 2,704,431 $ 185,295 $ 335,768 $ 2,368,663 120 TECHNOLOGY RENTAL FUND (512) 18 SALARIES AND WAGES $ 292,502 $ 69,834 $ 70,804 $ 221,698 240 19 OVERTIME 2,000 997 - 2,000 04 20 BENEFITS 97,499 23,405 23,951 73,548 250 21 SUPPLIES 5,000 1,359 567 4,433 110 22 SMALL EQUIPMENT 38,000 62,584 18,250 19,750 480 23 PROFESSIONAL SERVICES 210,000 553 4,715 205,285 20 24 COMMUNICATIONS 58,770 10,775 10,121 48,649 170 25 TRAVEL 1,500 - - 1,500 00 26 RENTAL/LEASE 7,200 1,272 1,369 5,831 190 27 REPAIRS& MAINTENANCE 387,690 115,698 131,873 255,817 340 28 MISCELLANEOUS 5,000 6,798 641 4,359 130 29 MACHINERY/EQUIPMENT 74,750 - 57,885 16,865 770 $ 1,179,911 $ 293,273 $ 320,177 $ 859,734 270 FIREMEN'S PENSION FUND (617) 30 BENEFITS $ 23,000 $ 8,808 $ 6,877 $ 16,123 300 31 PENSION AND DISABILITY PAYMENTS 54,427 12,383 13,607 40,820 250 32 PROFESSIONAL SERVICES 1,200 - - 1,200 00 $ 78,627 $ 21,191 $ 20,484 $ 58,143 260 TOTAL EXPENDITURE ALL FUNDS $ 113,818,662 $ 16,167,571 $ 16,876,698 $ 96,941,964 150 2 11 Packet Pg. 280 2.4.a Page 1 of 1 C ITY O F EDMO NDS EXPENDITURES - GENERAL FUND - BY DEPARTMENT IN SUMMARY 2019 Amended 3/31/2018 3/31/2019 Amount Title Budget Expenditures Expenditures Remaining CITY COUNCIL OFFICE OF MAYOR HUMAN RESOURCES MUNICIPAL COURT CITY CLERK FINANCE CITY ATTORNEY NON -DEPARTMENTAL POLICE SERVICES COMMUNITY SERVICESIECONOMIC DEV DEVELOPMENT SERVICES PARKS& RECREATION PUBLIC WORKS FACILITIES MAINTENANCE % Spent $ 602,387 $ 67,048 $ 82,908 $ 519,479 14% 296,155 71,633 72,221 223,934 24% 590,331 107,255 116,157 474,174 20% .-. 1,135,680 241,304 219,779 915,901 19% 0 685,420 172,403 178,301 507,119 26% N 1,244,805 296,541 319,388 925,417 26% V 889,560 182,768 222,683 666,877 25% C 13,556,979 3,588,829 3,658,670 9,898,309 27% LL 11,703,250 2,677,649 2,786,780 8,916,470 24% y 618,232 137,596 132,003 486,229 21% 3,351,322 591,734 663,134 2,688,188 20% Cy o� 4,299,509 815,736 888,876 3,410,633 21% N 3,291,850 631,214 746,211 2,545,639 23% v L 2,806,729 416,025 576,136 2,230,593 21% $ 45,072,209 $ 9,997,735 $ 10,663,247 $ 34,408,962 24% CITY OF EDMO NDS EXPENDITURES - UTILITY- BY FUND IN SUMMARY Title 2019 Amended Budget 3/31/2018 Expenditures 3/31/2019 Expenditures Amount Remaining %Spent WATER UTILITY FUND $ 12,908,995 $ 1,663,779 $ 1,830,022 $ 11,078,973 14% STORM UTILITY FUND 9,995,035 767,013 815,711 9,179,324 8% SEWER/WWTP UTILITY FUND 17,721,484 1,698,478 1,755,880 15,965,604 10% BOND RESERVE FUND 1,991,210 - - 1,991,210 0% $ 42,616,724 $ 4,129,270 $ 4,401,613 $ 38,215,111 10% 12 Packet Pg. 281 Page 1 of 4 C ITY O F EDMO NDS EXPENDITURES - GENERAL FUND - BY DEPARTMENT IN DEr'AIL Title 2019 Amended Budget 3/31/2018 Expenditures 3/31/2019 Expenditures Amount Remaining %Spent CITY COUNCIL SALARIES $ 171,950 $ 38,460 $ 43,320 $ 128,630 25% OVERTIME 1,000 - - 1,000 0% BENEFITS 92,751 22,659 23,945 68,806 26% SUPPLIES 2,000 94 378 1,622 19% PROFESSIONAL SERVICES 194,160 200 7,401 186,759 4% COMMUNICATIONS 3,000 900 1,212 1,788 40% TRAVEL 6,700 325 116 6,584 2% RENTAL/LEASE 11,586 4,060 3,039 8,547 26% REPAIRS/MAINTENANCE 500 - - 500 0% MISCELLANEOUS 118,740 350 3,497 115,243 3% $ 602,387 $ 67,048 $ 82,908 $ 519,479 14% OFFICEOFMAYOR SALARIES $ 215,076 $ 52,082 $ 53,735 $ 161,341 25% BENEFITS 53,257 12,460 13,097 40,160 25% SUPPLIES 1,500 94 64 1,436 4% PROFESSIONAL SERVICES 3,000 - 900 2,100 30% COMMUNICATION 1,400 357 202 1,198 14% TRAVEL 3,000 260 215 2,785 7% RENTAL/LEASE 13,472 5,258 3,120 10,352 23% MISCELLANEOUS 5,450 1,122 887 4,563 16% $ 296,155 $ 71,633 $ 72,221 $ 223,934 24% HUMAN RESOURCES SALARIES $ 327,939 $ 57,271 $ 62,011 $ 265,928 19% BENEFITS 118,229 21,808 23,232 94,997 20% SUPPLIES 12,300 - 809 11,491 7% SMALL EQUIPMENT 300 - - 300 0% PROFESSIONAL SERVICES 81,886 12,827 5,166 76,720 6% COMMUNICATIONS 700 301 206 494 29% TRAVEL 1,000 368 - 1,000 0% RENTAL/LEASE 22,947 6,795 6,235 16,712 27% REPAIR/MAINTENANCE 7,850 7,326 7,571 279 96% MISCELLANEOUS 17,180 560 10,927 6,253 64% $ 590,331 $ 107,255 $ 116,157 $ 474,174 20% MUNICIPAL C O URT SALARIES $ 622,711 $ 140,286 $ 128,929 $ 493,782 21% OVERTIME 800 - 111 689 14% BENEFITS 243,321 56,375 47,206 196,115 19% SUPPLIES 10,600 1,550 1,245 9,355 12% SMALL EQUIPMENT 1,000 - 702 298 70% PROFESSIONAL SERVICES 124,925 16,804 17,070 107,855 14% COMMUNICATIONS 3,550 581 506 3,044 14% TRAVEL 6,500 454 314 6,186 5% RENTAL/LEASE 65,251 17,957 16,047 49,204 25% REPAIR/MAINTENANCE 4,880 - 156 4,724 3% MISCELLANEOUS 25,100 7,297 7,493 17,607 30% MACHINERY/EQUIPMENT 27,042 27,042 0% $ 1,135,680 $ 241,304 $ 219,779 $ 915,901 19% 2 13 Packet Pg. 282 1 I 2.4.a I Page 2 of 4 C ITY O F EDMO NDS EXPENDITURES - GENERAL FUND - BY DEPARTMENT IN DETAIL 2019 Amended 3/31/2018 3/31/2019 Amount Title Budget Expenditures Expenditures Remaining %Spent CITY C LERK SALARIES AND WAGES $ 358,349 $ 85,763 $ 86,715 $ 271,634 24% BENEFITS 151,468 37,775 38,589 112,879 25% SUPPLIES 10,240 1,133 558 9,682 5% PROFESSIONAL SERVICES 32,310 4,723 5,609 26,701 17% COMMUNICATIONS 40,000 8,240 7,345 32,655 18% TRAVEL 2,000 437 465 1,535 23% RENTAL/LEASE 50,973 15,189 11,366 39,607 22% REPAIRS&MAINTENANCE 32,080 17,438 25,387 6,693 79% MISCELLANEOUS 8,000 1,705 2,267 5,733 28% $ 685,420 $ 172,403 $ 178,301 $ 507,119 26% FINANCE SALARIES $ 844,384 $ 180,338 $ 196,793 $ 647,591 23% OVERTIME 4,500 - - 4,500 0% BENEFITS 268,345 57,836 65,431 202,914 24% SUPPLIES 7,350 645 921 6,429 13% SMALL EQUIPMENT 5,400 1,367 - 5,400 0% PROFESSIONAL SERVICES 14,650 - 19 14,631 0% COMMUNICATIONS 2,000 331 226 1,774 11% TRAVEL 3,100 644 281 2,819 9% RENTAL/LEASE 48,226 12,329 12,527 35,699 26% REPAIRIMAINTENANCE 38,500 41,121 42,499 (3,999) 110% MISCELLANEOUS 8,350 1,930 692 7,658 8% $ 1,244,805 $ 296,541 $ 319,388 $ 925,417 26% CITY ATTORNEY PROFESSIONAL SERVICES $ 889,560 $ 182,768 $ 222,683 $ 666,877 25% $ 889,560 $ 182,768 $ 222,683 $ 666,877 25% NON -DEPARTMENTAL SALARIES $ 101,750 $ - $ - $ 101,750 0% BENEFITS -UNEMPLOYMENT 40,000 2,370 13,664 26,336 34% SUPPLIES 5,000 457 67 4,933 1% PROFESSIONAL SERVICES 10,666,114 84,677 3,081,357 7,584,757 29% EXCISE TAXES 6,500 529 435 6,065 7% RENTAL/LEASE 10,538 2,696 3,405 7,133 32% INSURANCE 431,095 437,253 436,448 (5,353) 101% MISCELLANEOUS 69,614 40,734 48,293 21,321 69% INTERGOVT SERVICES - 3,020,113 - - 0% ECA LOAN PAYMENT 75,000 - 75,000 - 100% INTERFUND SUBSIDIES 1,953,108 - - 1,953,108 0% GENERAL OBLIGATION BOND 183,710 - 183,710 0% INTEREST ON LONG-TERM DEBT 14,050 - 14,050 0% FISCAL AGENT FEES 500 500 0% $ 13,556,979 $ 3,588,829 $ 3,658,670 $ 9,898,309 27% O N C cv C LL Z. L N 7 Cy O� O N t 0 L 2 14 Packet Pg. 283 I 2.4.a I Page 3 of 4 C ITY O F EDMO NDS EXPENDITURES - GENERAL FUND - BY DEPARTMENT IN DETAIL 2019 Amended 3/31/2018 3/31/2019 Amount Title Budget Expenditures Expenditures Remaining %Spent PO LIC E S ERVIC FS SALARIES $ 6,916,238 $ 1,533,908 $ 1,612,417 $ 5,303,821 23% OVERTIME 454,780 135,882 158,213 296,567 35% HOLIDAY BUYBACK 250,491 - 2,689 247,802 1% BENEFITS 2,549,180 610,375 650,175 1,899,005 26% UNIFORMS 80,250 22,013 21,941 58,309 27% SUPPLIES 86,500 23,588 33,490 53,010 39% SMALL EQUIPMENT 165,410 4,861 30,089 135,321 18% PROFESSIONAL SERVICES 141,770 27,206 23,677 118,093 17% COMMUNICATIONS 32,000 9,488 7,600 24,400 24% TRAVEL 29,310 3,539 3,121 26,189 11% RENTAL/LEASE 920,851 245,263 228,809 692,042 25% REPAIR/MAINTENANCE 15,120 3,453 1,862 13,258 12% MISCELLANEOUS 61,350 24,844 12,696 48,654 21% MACHINERY/EQUIPMENT 33,227 0% $ 11,703,250 $ 2,677,649 $ 2,786,780 $ 8,916,470 24% COMMUNITY S ERVIC ES /EC 0 N DEV. SALARIES $ 245,505 $ 58,940 $ 60,861 $ 184,644 25% BENEFITS 76,033 18,544 19,269 56,764 25% SUPPLIES 7,000 5,620 5,500 1,500 79% SMALL EQUIPMENT 800 - - 800 0% PROFESSIONAL SERVICES 262,400 48,300 39,837 222,563 15% COMMUNICATIONS 1,490 296 268 1,222 18% TRAVEL 2,000 - - 2,000 0% RENTAL/LEASE 13,004 3,058 2,842 10,162 22% REPAIR/MAINTENANCE 500 - - 500 0% MISCELLANEOUS 9,500 2,837 3,426 6,074 36% $ 618,232 $ 137,596 S 132,003 $ 486,229 21% DEVELO PMIIVT SERVIC ES/PLANNING SALARIES $ 1,665,849 $ 350,421 $ 385,678 $ 1,280,171 23% OVERTIME 1,300 5,540 3,392 (2,092) 261% BENEFITS 609,831 131,832 148,997 460,834 24% UNIFORMS 500 - - 500 0% SUPPLIES 17,100 2,503 1,536 15,564 9% SMALL EQUIPMENT 6,100 - - 6,100 0% PROFESSIONAL SERVICES 832,046 52,359 79,458 752,588 10% COMMUNICATIONS 9,000 2,041 1,489 7,511 17% TRAVEL 5,500 1,363 173 5,327 3% RENTAL/LEASE 143,236 38,841 35,465 107,771 25% REPAIRS & MAINTENANCE 6,800 - - 6,800 0% MISCELLANEOUS 54,060 6,834 6,945 47,115 13% $ 3,351,322 $ 591,734 $ 663,134 $ 2,688,188 20% ENGINEERING SALARIES $ 1,720,176 $ 323,778 $ 413,871 $ 1,306,305 24% OVERTIME 8,300 2,357 2,489 5,811 30% BENEFITS 678,356 135,427 170,185 508,171 25% UNIFORMS 450 - - 450 0% SMALL EQUIPMENT 2,200 - - 2,200 0% PROFESSIONAL SERVICES 53,840 5,808 500 53,340 1% COMMUNICATIONS 16,625 3,211 2,815 13,810 17% TRAVEL 600 89 585 15 98% RENTAL/LEASE 123,023 29,826 30,372 92,651 25% REPAIR/MAINTENANCE 2,600 - - 2,600 0% MISCELLANEOUS 75,200 3,892 5,121 70,079 7% $ 2,681,370 $ 504,388 $ 625,938 $ 2,055,432 23% 2 1$ Packet Pg. 284 I 2.4.a I Page 4 of 4 C ITY O F EDMO NDS EXPENDITURES - GENERAL FUND - BY DEPARTNIENT IN DEIAAIL 2019 Amended 3/31/2018 3/31/2019 Amount Title Budget Expenditures Expenditures Remaining %Spent PARKS & REC REATIO N SALARIES $ 2,096,118 $ 441,109 $ 468,228 $ 1,627,890 22% OVERTIME 10,000 1,442 6,174 3,826 62% BENEFITS 785,394 175,186 183,709 601,685 23% UNIFORMS 6,275 1,126 3,614 2,661 58% SUPPLIES 121,590 28,457 23,096 98,494 19% SMALL EQUIPMENT 8,500 628 - 8,500 0% PROFESSIONAL SERVICES 671,920 47,089 59,374 612,546 9% COMMUNICATIONS 30,320 1,809 1,650 28,670 5% TRAVEL 5,070 69 867 4,203 17% RENTAL/LEASE 264,674 63,823 67,671 197,003 26% PUBLIC UTILITY 175,338 36,946 41,132 134,206 23% REPAIRIMAINTENANCE 29,700 - 13,054 16,646 44% MISCELLANEOUS 94,610 18,053 20,306 74,304 21 % $ 4,299,509 $ 815,736 $ 888,876 $ 3,410,633 21% PUBLIC WORKS SALARIES $ 369,334 $ 68,965 $ 70,240 $ 299,094 19% OVERTIME 200 - 144 56 72% BENEFITS 129,196 25,741 25,506 103,690 20% SUPPLIES 8,600 889 812 7,788 9% SMALL EQUIPMENT 1,000 - - 1,000 0% PROFESSIONAL SERVICES 200 25 20 180 10% COMMUNICATIONS 1,350 169 177 1,173 13% TRAVEL 500 - 22 478 4% RENTAL/LEASE 91,193 30,303 22,477 68,716 25% PUBLIC UTILITY 3,007 734 874 2,133 29% REPAIR/MAINTENANCE 1,000 - - 1,000 0% MISCELLANEOUS 4,900 - - 4,900 0% $ 610,480 $ 126,826 $ 120,273 $ 490,207 20% FACILITIES MAINTENANCE SALARIES 754,619 181,046 190,033 564,586 25% OVERTIME 7,500 1,462 3,476 4,024 46% BENEFITS 310,160 76,863 85,392 224,768 28% UNIFORMS 3,000 2,050 2,885 115 96% SUPPLIES 87,000 18,882 28,942 58,058 33% SMALL EQUIPMENT 3,000 1,249 1,801 1,199 60% PROFESSIONAL SERVICES 940,940 - 56,835 884,105 6% COMMUNICATIONS 16,000 4,203 5,819 10,181 36% TRAVEL 1,000 - - 1,000 0% RENTAL/LEASE 59,730 15,827 13,682 46,048 23% PUBLIC UTILITY 282,280 79,822 87,591 194,689 31% REPAIR/MAINTENANCE 336,500 34,591 97,655 238,845 29% MISCELLANEOUS 5,000 30 2,025 2,975 41% $ 2,806,729 $ 416,025 $ 576,136 $ 2,230,593 21% TOTAL GENERAL FUND EXPENDITURES $ 45,072,209 $ 9,997,735 $ 10,663,247 $ 34,408,962 24% 2 16 Packet Pg. 285 I 2.4.a I City of Edmonds, WA Monthly Revenue Summary -General Fund 2019 General Fund Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January $ 2,050,090 $ 2,050,090 $ 2,397,678 16.95% February 4,931,820 2,881,729 4,685,465 -5.00% March 7,394,846 2,463,026 7,046,230 -4.71% April 10,795,616 3,400,770 May 18,591,386 7,795,770 June 20,890,089 2,298,703 July 23,020,990 2,130,901 August 25,533,576 2,512,587 September 27,675,385 2,141,808 October 30,536,706 2,861,321 November 38,490,106 7,953,400 December 40,774,939 2,284,833 City of Edmonds, WA Monthly Revenue Summary -Real Estate Excise Tax 2019 Real Estate Excise Tax 1 & 2 Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January $ 239,174 $ 239,174 $ 206,702-13.58% February 426,584 187,410 316,468-25.81% March 648,598 222,013 530,155-18.26% April 866,924 218,326 May 1,118,366 251,442 June 1,392,391 274,025 July 1,790,060 397,669 August 2,111,970 321,910 September 2,410,481 298,511 October 2,651,152 240,672 November 2,897,726 246,573 December 3,080,000 182,274 *The monthly budget forecast columns are based on a five-year average. 17 Packet Pg. 286 I 2.4.a I SALES TAX SUMMARY Sales Tax Analysis By Category Current Period: March 2019 Year -to -Date Total $2,088,425 Automotive Repair, Health &Personal Care, $47 888 $69,002 Amusement & Construction Trade, Recreation, $22,128 $376,392 Business Services, Accommodation, $8,848 $200,592 Gasoline, $8,591 Clothing and Accessories,$77,010 Retail Food Stores, Communications , $76,418 $58,181 Wholesale Trade, $35,229 Misc Retail, $341,393 L Retail Automotive, $460,533 (Manufacturing, $23,155 Others, $33,310 Eating & Drinking, $249,755 Annual Sales Tax Revenue 10,000,000 $8,406,296 8,000,000 7 395 114 $5,840,764 $6,741,838 $6,905,122 6,000,000 4,000,000 $2,088,425 2,000,000 0 2014 2015 2016 2017 2018 YTD 2019 2 Packet Pg. 287 1 I 2.4.a I City of Edmonds, WA Monthly Revenue Summary -Sales and Use Tax 2019 Sales and Use Tax Cumulative Monthly Budget Forecast Budget Forecast YTD Actuals Variance January $ 583,740 $ 583,740 $ 665,493 14.01% February 1,326,812 743,072 1,464,443 10.37% March 1,890,823 564,012 2,088,425 10.45% April 2,418,442 527,618 May 3,087,512 669,070 June 3,695,140 607,628 July 4,344,323 649,183 August 5,056,215 711,892 September 5,734,922 678,707 October 6,438,793 703,871 November 7,175,252 736,459 December 7,825,000 649,748 City of Edmonds, WA Monthly Revenue Summary -Gas Utility Tax 2019 Gas Utility Tax Cumulative Monthly Budget Forecast Budget Forecast YTD Actuals Variance January $ 92,468 $ 92,468 $ 67,644 -26.85% February 188,382 95,914 140,257 -25.55% March 270,480 82,098 229,186 -15.27% April 338,414 67,935 May 391,853 53,439 June 429,417 37,564 July 458,287 28,870 August 482,130 23,843 September 504,337 22,207 October 530,073 25,736 November 567,790 37,717 December 626,600 58,810 Gas Utility Tax 700,000 600,000 500,000 400,000 300,000 200,000 100,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Current Yeaz Budget Prior Year *The monthly budget forecast columns are based on a five-year average. 19 Packet Pg. 288 I 2.4.a I City of Edmonds, WA Monthly Revenue Summary -Telephone Utility Tax 2019 Telephone Utility Tax Cumulative Monthly Budget Forecast Budget Forecast YTD Actuals Variance % January $ 90,093 $ 90,093 $ 83,102 -7.76% February 180,099 90,007 153,757 -14.63% March 261,769 81,670 220,849 -15.63% April 347,309 85,539 May 425,673 78,364 June 504,828 79,155 July 580,361 75,533 August 657,995 77,634 September 738,345 80,350 October 815,639 77,294 November 889,278 73,638 December 967,200 77,922 Electric Utility Tax Telephone Utility Tax 1,000,000 800,000 600,000 400,000 200,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Current Year Budget � Prior Year City of Edmonds, WA Monthly Revenue Summary -Electric Utility Tax 2019 Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January $ 180,392 $ 180,392 $ 171,454 -4.96% February 374,176 193,784 364,048 -2.71% March 542,795 168,619 526,085 -3.08% April 717,960 175,165 May 863,822 145,862 June 985,603 121,781 July 1,101,208 115,604 August 1,212,283 111,075 September 1,323,362 111,080 October 1,439,932 116,570 November 1,562,550 122,618 December 1,691,300 128,750 Electric Utility Tax 1,800,000 1,600,000 800,000 600,000 400,000 200,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Current Year Budget - Prior Year *The monthly budget forecast columns are based on a five-year average. 20 Packet Pg. 289 ■ 2.4.a City of Edmonds, WA Monthly Revenue Summary -Meter Water Sales 2019 Meter Water Sales Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals January $ 742,059 $ 742,059 $ 725,472 -2.24% February 1,256,325 514,266 1,233,174 -1.84% March 1,990,166 733,842 1,973,669 -0.83% April 2,476,952 486,786 May 3,203,262 726,310 June 3,766,233 562,971 July 4,657,894 891,661 August 5,440,698 782,804 September 6,513,015 1,072,317 October 7,251,320 738,305 November 8,101,309 849,989 December 8,624,564 523,255 Storm Water Sales Meter Water Sales 6,000,000 5,000,000 Oa JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC +Current Year Budget — Prior Year City of Edmonds, WA Monthly Revenue Summary -Storm Water Sales 2019 Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals January $ 322,033 $ 322,033 $ 317,727 -4.96% February 1,017,422 695,389 1,006,134 -2.71% March 1,338,925 321,503 1,323,366 -3.08% April 1,623,949 285,024 May 1,945,558 321,609 June 2,231,420 285,862 July 2,553,731 322,311 August 3,249,585 695,854 September 3,570,469 320,884 October 3,855,506 285,037 November 4,177,408 321,902 December 4,462,767 285,359 Storm Water Sales 14,500,000 13,500,000 12,500,000 1,500,000 1,000,000 500,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC —*-- Current Yeaz Budget � Prior Year *The monthly budget forecast columns are based on a five-year average. ZZ Packet Pg. 290 I 2.4.a I City of Edmonds, WA Monthly Revenue Summary-Unmeter Sewer Sales 2019 Unmeter Sewer Sales Cumulative Monthly Budget Forecast Budget Forecast YTD Actuals Variance January $ 764,057 $ 764,057 $ 766,027 0.26% February 1,382,019 617,962 1,384,500 0.18% March 2,141,223 759,204 2,149,907 0.41% April 2,762,974 621,752 May 3,530,212 767,237 June 4,158,923 628,711 July 4,943,476 784,553 August 5,570,113 626,637 September 6,371,750 801,637 October 7,005,968 634,218 November 7,783,039 777,071 December 8,408,534 625,495 Unmeter Sewer Sales 9,000,000 8,000,000 7,000,000 6,000,000 5,000,000 4,000,000 3,000,000 2,000,000 1,000,000 ir JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC � Current Year Budget Prior Year *The monthly budget forecast columns are based on a five-year average. 22 Packet Pg. 291 I 2.4.a I City of Edmonds, WA Monthly Expenditure Report -General Fund 2019 General Fund Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals January $ 5,267,268 $ 5,267,268 $ 4,237,264-19.55% February 8,042,705 2,775,437 7,405,291 -7.93% March 11,499,209 3,456,504 10,663,247 -7.27% April 15,781,333 4,282,124 May 18,397,052 2,615,719 June 22,554,487 4,157,435 July 26,073,511 3,519,024 August 30,206,037 4,132,527 September 33,587,218 3,381,180 October 36,715,275 3,128,057 November 41,008,269 4,292,994 December 45,072,209 4,063,940 City of Edmonds, WA Monthly Expenditure Report -Non -Departmental 2019 Non -Departmental Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals January $ 2,586,468 $ 2,586,468 $ 1,939,971-25.00% February 3,013,532 427,064 2,801,406 -7.04% March 4,041,004 1,027,471 3,658,670 -9.46% April 5,661,728 1,620,724 May 5,936,842 275,114 June 7,529,862 1,593,020 July 8,430,518 900,656 August 9,710,604 1,280,086 September 10,511,285 800,681 October 11,101,008 589,723 November 12,475,676 1,374,668 December 13,556,979 1,081,303 *The monthly budget forecast columns are based on a five-year average. 23 Packet Pg. 292 I 2.4.a I City of Edmonds, WA Monthly Expenditure Report -City Council 2019 City Council Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals January $ 39,368 $ 39,368 $ 22,406-43.09% February 80,151 40,783 46,519-41.96% March 128,249 48,098 82,908-35.35% April 174,054 45,804 May 228,252 54,198 June 295,688 67,436 July 344,770 49,081 August 407,512 62,743 September 462,156 54,644 October 497,566 35,410 November 550,379 52,813 December 602,387 52,008 City of Edmonds, WA Monthly Expenditure Report -Office of Mayor 2019 Office of Mayor Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals January $ 24,108 $ 24,108 $ 24,303 0.81% February 49,562 25,454 47,727 -3.70% March 73,857 24,295 72,221 -2.21% April 98,624 24,767 May 122,830 24,206 June 146,929 24,099 July 171,908 24,979 August 197,139 25,231 September 221,850 24,711 October 246,137 24,287 November 270,260 24,123 December 296,155 25,895 Office of Mayor 300,000.00 250,000.00 200,000.00 150,000.00 100,000.00 50,000.00 0.00 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Current Year Budget - -PriorYear *The monthly budget forecast columns are based on a five-year average. 24 Packet Pg. 293 I 2.4.a I City of Edmonds, WA Monthly Expenditure Report -Human Resources 2019 Human Resources Cumulative Monthly Budget Forecast Budget Forecast YTD Actuals Variance January $ 46,632 $ 46,632 $ 48,901 4.87% February 97,790 51,158 81,030 -17.14% March 148,537 50,747 116,157 -21.80% April 189,740 41,203 May 236,212 46,472 June 282,909 46,697 July 332,296 49,387 August 380,431 48,135 September 426,855 46,424 October 471,872 45,017 November 519,709 47,838 December 590,331 70,622 Municipal Court Human Resources 600,000 500,000 400,000 300,000 200,000 100,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Current Yeaz Budget Prior Year City of Edmonds, WA Monthly Expenditure Report -Municipal Court 2019 Cumulative Monthly Budget Forecast Budget Forecast YTD Actuals Variance January $ 87,003 $ 87,003 $ 70,858 -18.56% February 181,156 94,153 140,956 -22.19% March 278,338 97,182 219,779 -21.04% April 368,736 90,398 May 462,596 93,860 June 552,769 90,173 July 643,692 90,923 August 741,218 97,526 September 833,989 92,771 October 933,736 99,748 November 1,028,476 94,740 December 1,135,680 107,204 Municipal Court 1,200,000 1,000,000 800,000 600,000 400,000 200,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC -0--CurrentYeaz Budget �PriorYear *The monthly budget forecast columns are based on a five-year average. 25 Packet Pg. 294 I 2.4.a I City of Edmonds, WA Monthly Expenditure Report -Community Services/Economic Development 2019 Community Services/Economic Development Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals January $ 38,544 $ 38,544 $ 39,270 1.88% February 82,051 43,507 92,749 13.04% March 130,166 48,114 132,003 1.41% April 191,996 61,831 May 233,127 41,130 June 277,966 44,839 July 323,762 45,796 August 379,014 55,252 September 428,169 49,155 October 483,157 54,989 November 542,833 59,676 December 618,232 75,399 City Clerk Community Services/Economic Development 700,000 600,000 500,000 400,000 300,000 200,000 100,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Current Year Budget -d-- Prior Year City of Edmonds, WA Monthly Expenditure Report -City Clerk 2019 Cumulative Monthly Budget Forecast Budget Forecast YTD Actuals Variance January $ 64,593 $ 64,593 $ 70,355 8.92% February 120,556 55,963 128,177 6.32% March 176,231 55,674 178,301 1.17% April 234,202 57,971 May 289,750 55,548 June 341,414 51,664 July 396,840 55,427 August 457,532 60,692 September 509,418 51,886 October 566,970 57,551 November 625,898 58,928 December 685,420 59,522 City Clerk 700,000 600,000 500,000 400,000 300,000 200,000 100,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Current Year Budget � Prior Year *The monthly budget forecast columns are based on a five-year average. 26 Packet Pg. 295 I 2.4.a I City of Edmonds, WA Monthly Expenditure Report -Technology Rental Fund 2019 Technology Rental Fund Cumulative Monthly Budget Forecast Budget Forecast YTD Actuals Variance January $ 119,026 $ 119,026 $ 157,010 31.91% February 251,357 132,331 215,707 -14.18% March 324,740 73,383 320,177 -1.41% April 392,021 67,281 May 467,013 74,992 June 544,834 77,821 July 636,126 91,293 August 741,673 105,546 September 844,676 103,003 October 920,609 75,933 November 998,506 77,896 December 1,179,911 181,405 Finance Technology Rental Fund 1,200,000 1,000,000 800,000 600,000 400,000 200,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Current Year Budget � Prior Year City of Edmonds, WA Monthly Expenditure Report -Finance 2019 Cumulative Monthly Budget Forecast Budget Forecast YTD Actuals Variance January $ 137,055 $ 137,055 $ 128,270 -6.41% February 232,763 95,708 224,119 -3.71% March 329,813 97,051 319,388 -3.16% April 427,554 97,741 May 526,278 98,724 June 622,509 96,231 July 720,263 97,754 August 819,641 99,378 September 931,887 112,246 October 1,040,480 108,592 November 1,141,414 100,935 December 1,244,805 103,391 Finance 1,400,000 1,200,000 1,000,000 - 800,000 600,000 400,000 200,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC +Current Yeaz Budget � Prior Year *The monthly budget forecast columns are based on a five-year average. 27 Packet Pg. 296 I 2.4.a I City of Edmonds, WA Monthly Expenditure Report -City Attorney 2019 City Attorney Cumulative Monthly Budget Forecast Budget Forecast YTD Actuals Variance January $ 74,130 $ 74,130 $ 47,964 -35.30% February 148,260 74,130 126,678 -14.56% March 222,390 74,130 222,683 0.13% April 296,520 74,130 May 370,650 74,130 June 444,780 74,130 July 518,910 74,130 August 593,040 74,130 September 667,170 74,130 October 741,300 74,130 November 815,430 74,130 December 889,560 74,130 Police City Attorney 900,000 800,000 700,000 600,000 500,000 400,000 300,000 200,000 100,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC -*-- Current Yeaz Budget � Prior Year City of'Edmonds, WA Monthly Expenditure Report -Police 2019 Cumulative Monthly Budget Forecast Budget Forecast YTD Actuals Variance January $ 918,263 $ 918,263 $ 927,983 1.06% February 1,856,735 938,473 1,815,042 -2.25% March 2,781,669 924,934 2,786,780 0.18% April 3,716,173 934,504 May 4,648,160 931,987 June 5,608,921 960,761 July 6,545,932 937,010 August 7,473,401 927,470 September 8,414,446 941,045 October 9,459,662 1,045,216 November 10,718,700 1,259,038 December 11,703,250 984,550 Police 12,000,000 10,000,000 8,000,000 6,000,000 4,000,000 2,000,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Current Yeaz Budget Prior Year *The monthly budget forecast columns are based on a five-year average. Z$ Packet Pg. 297 I 2.4.a I City of Edmonds, WA Monthly Expenditure Report -Development Services 2019 Development Services Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals January $ 228,569 $ 228,569 $ 212,448 -7.05% February 484,890 256,321 434,026 -10.49% March 747,826 262,936 663,134 -11.33% April 1,009,880 262,054 May 1,294,244 284,364 June 1,559,916 265,672 July 1,834,071 274,155 August 2,133,358 299,287 September 2,417,000 283,642 October 2,708,581 291,582 November 3,015,935 307,354 December 3,351,322 335,387 Parks &z Recreation Development Services 3,500,000 3,000,000 2,500,000 2,000,000 1,500,000 1,000,000 500,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC --0-- Current Yeaz Budget � Prior Year City of Edmonds, WA Monthly Expenditure Report -Parks & Recreation 2019 Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals January $ 290,303 $ 290,303 $ 280,923 -3.23% February 588,895 298,592 588,578 -0.05% March 907,279 318,384 888,876 -2.03% April 1,233,514 326,235 May 1,577,673 344,159 June 1,919,285 341,613 July 2,363,124 443,839 August 2,889,039 525,915 September 3,281,596 392,557 October 3,624,281 342,685 November 3,922,274 297,993 December 4,299,509 377,235 Parks & Recreation 4,500,000 4,000,000 3,500,000 3,000,000 2,500,000 2,000,000 1,500,000 1,000,000 500,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC +Current Yeaz Budget � Prior Year *The monthly budget forecast columns are based on a five-year average. 29 Packet Pg. 298 I 2.4.a I City of Edmonds, WA Monthly Expenditure Report -Public Works 2019 Public Works Cumulative Monthly Budget Forecast Budget Forecast YTD Actuals Variance % January $ 50,384 $ 50,384 $ 39,815 -20.98% February 102,273 S1,889 80,023 -21.76% March 153,446 51,173 120,273 -21.62% April 204,598 51,153 May 255,170 50,572 June 306,227 51,057 July 357,744 51,517 August 407,869 50,125 September 456,744 48,874 October 506,690 49,946 November 556,681 49,991 December 610,480 53,799 Facilities Maintenance Public Works 700,000 600,000 500,000 400,000 300,000 200,000 100,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC � Current Yeaz Budget � Prior Year City of Edmonds, WA Monthly Expenditure Report -Facilities Maintenance 2019 Cumulative Monthly Budget Forecast Budget Forecast YTD Actuals Variance % January $ 219,842 $ 219,842 $ 172,786 -21.40% February 440,708 220,866 382,230 -13.27% March 674,996 234,288 576,136 -14.65% April 897,189 222,193 May 1,122,702 225,513 June 1,327,205 204,503 July 1,585,298 258,093 August 1,803,495 218,197 September 2,045,176 241,681 October 2,286,955 241,779 November 2,531,441 244,486 December 2,806,729 275,288 Public Works 700.000 600,000 500,000 400,000 300,000 200,000 100,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC --"- Current Yeaz Budget ­I� Prior Year *The monthly budget forecast columns are based on a five-year average. 30 Packet Pg. 299 I 2.4.a I City of Edmonds, WA Monthly Expenditure Report -Engineering 2019 Engineering Cumulative Monthly Budget Forecast Budget Forecast YTD Actuals Variance January $ 198,697 $ 198,697 $ 211,009 6.20% February 396,673 197,976 416,031 4.88% March 612,145 215,472 625,938 2.25% April 834,067 221,922 May 1,051,839 217,772 June 1,282,781 230,941 July 1,505,896 223,116 August 1,744,559 238,663 September 1,971,193 226,634 October 2,203,267 232,074 November 2,427,709 224,442 December 2,681,370 253,661 Engine a ring 3,000,000 2,500,000 2,000,000 1,500,000 1,000,000 500,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC � Current Year Budget � Prior Year *The monthly budget forecast columns are based on a five-year average. 31 Packet Pg. 300 I 2.4.a I INVESTMENT PORTFOLIO SUMMARY City of Edmonds Investment Portfolio Detail As of March 31, 2019 Years Agency/ Investment Purchase to Par Market Maturity Coupon Issuer Type Rice Maturity Value Value Date Rate FICO Bonds 1,009,725 0.07 1,035,000 1,034,432 04/25/19 1.42% SCIP CD 2,500,000 0.18 2,500,000 2,500,000 06/04/19 2.65% FNMA Bonds 999,750 0.20 1,000,000 997,736 06/13/19 1.40% FHLB Bonds 1,000,400 0.22 1,000,000 997,594 06/20/19 1.40% FNMA Bonds 988,720 0.49 1,000,000 995,299 09/27/19 1.50% FHLMC Bonds 995,970 0.51 1,000,000 993,736 10/02/19 1.25% FNMA Bonds 1,994,310 0.58 2,000,000 1,987,148 10/28/19 1.35% FNMA Bonds 997,300 1.00 1,000,000 989,385 03/30/20 1.38% FHLB Bonds 2,003,780 1.00 2,000,000 1,980,410 03/30/20 1.45% FNMA Bonds 2,000,000 1.00 2,000,000 1,984,210 03/30/20 1.65% FHLMC Bonds 2,003,868 1.08 2,000,000 1,977,144 04/28/20 1.35% FNMA Bonds 1,000,000 1.25 1,000,000 988,192 06/30/20 1.38% FNMA Bonds 1,000,000 1.25 1,000,000 988,192 06/30/20 1.38% FHLB Bonds 3,000,000 1.29 3,000,000 2,956,128 07/13/20 1.20% RFCS Bonds 1,999,698 1.29 2,120,000 2,056,447 07/15/20 1.60% FHLB Bonds 2,000,000 1.33 2,000,000 1,983,348 07/30/20 1.75% FNMA Bonds 1,000,000 1.41 1,000,000 985,853 08/28/20 1.40% FNMA Bonds 1,000,000 1.41 1,000,000 985,853 08/28/20 1.40% FHLMC Bonds 999,500 1.75 1,000,000 989,366 12/30/20 1.75% FNMA Bonds 2,005,474 1.81 2,000,000 1,970,524 01/19/21 1.50% FM Bonds 2,000,000 2.01 2,000,000 1,982,194 04/01/21 1.87% FHLB Bonds 2,000,000 2.23 2,000,000 1,991,484 06/22/21 2.18% FFCB Bonds 968,940 2.46 1,000,000 986,318 09/13/21 1.73% FHLMC Bonds 2,000,000 2.66 2,000,000 1,986,050 11/26/21 2.13% FHLMC Bonds 999,400 2.75 1,000,000 990,657 12/30/21 2.00% FHLMC Bonds 1,000,000 2.91 1,000,000 995,141 02/25/22 2.15% First Financial CD 2,803,516 4.63 2,803,516 2,803,516 11/15/23 2.10% TOTAL SECURITIES 42,270,352 1.4 42,458,516 42,076,357 Washington State Local Gov't Investment Pool 16,994,359 16,994,359 Demand 2.52% TOTAL PORTFOLIO $ 59,452,875 $ 59,070,716 rFM, D,_ Issuer Diversification First Financial - CD, 7% RFCS, 5% FNMA, 31% J FHLB, 24% FI CO, 2% Cash and Investment Balances (in $ Millions) Checking, $2.0 , 3% State LGIP, $17.0, 28% ,Bon! 60% CD-s, $5.3 , 9% 2 32 Packet Pg. 301 1 I 2.4.a I INVESTMENT PORTFOLIO SUMMARY Annual Interest Income $1,000,000 917,754 $800,000 $653,690 $600,000 $423,816 $400,000 335 926 $200,000 163 214 $250,389 2017 2018 YTD 2019 2.8 % 2.5 % 2.3 % 2.0 % 1.8 % 1.5 % 1.3 % 1.0 % 0.8 % 0.5 % 0.3 % 0.0 % Edmonds Rate of Return Compared to Benchmark (Rolling 12 months) — - - 6 Month Treasury Rate (Benchmark) City Blended Rate -- - - - - - - — - - - -- - - - - - - April June August $14, 000,000 $12, 000,000 $10, 000,000 $8,000,000 $6,000,000 $4,000,000 $2,000,000 October December February Maturity Distribution and Rate of Return 2.50% 2.00% 1.50% 1.00% . 0.50% 0.00% 0-6 Mo 6-12 M o 12-18 M o 18-24 M o 24-30 M o 30-36 M o 36-42 M o 42-48 M o 48-54 M o 54-60 M o MMEMENd 33 Packet Pg. 302 1 2.4.a GENERAL FUND OVERVIEW FUND BALANCES CHANGE IN FUND BALANCES GENERAL FUND & SUBFUNDS ---- ACTUAL ---- o ---- ACTUAL ---- 12/31 /2018 2/28/2019 3/31 /2019 O1 YTD a- 001-General Fund ' $ 8,400,404 $ 5,680,579 $ 4,783,388 $ (3,617,016) $ (3,617,01( 009-Leoff-Medical Ins. Reserve 333,447 252,281 214,378 (119,069) (119,065 01 1-Risk Management Fund 931,522 931,522 931,522 - - 012-Contingency Reserve Fund 5,496,597 5,496,597 5,496,597 - - ii >, 014-Historic Preservation Gift Fund 12,629 7,096 7,096 (5,533) (5,53, 016-Building Maintenance 210,221 210,221 210,221 - - M 017 - Marsh Restoration & Preservation 309,178 310,623 310,623 1,445 1,44! CY 018 -Edmonds Homelessness Response 225,443 225,443 223,581 (1,862) (1,86, c 019 - Edmonds Opioid Response 250,000 250,000 250,000 N v Total General Fund & Subfunds $ 16,169,441 $ 13,364,362 $ 12,427,407 $ (3,742,035) $ (3,742,03! 1= *$2,000,000 of the General Fund Balance has been assigned by management for the development of Civic Field. c ca c ii , General Fund & Subfunds a_ le- 18 M C� 15 r 12 ■ General Fund O N & Subfunds 2 c 9 $14.17 ■ Civic Field a $11.36 $10.43 m 6 Q. 0 3 $2.00 $2.00 $2.00 U - c Dec2018 Feb 2019 Mar2019 E E t v c� Q *Please note that these revenues and expenses occur within annual cycles. This Interim Report is not adjusted for accruals or those annual cycles. The beginning fund balances for 2019 are preliminary, these will be updated after the completion of the 2018 Financial Statements. 34 Packet Pg. 303 2.4.a GOVERNMENTAL FUNDS OVERVIEW CHANGE IN FUND FUND BALANCES BALANCES GOVERNMENTAL ---- ACTUAL ---- ---- ACTUAL ---- FUNDS 12/31 /2018 2/28/2019 3/31 /2019 Q1 YTD General Fund & Subfunds $ 16,169,441 $ 13,364,362 $ 12,427,407 $ (3,742,035) $ (3,742,03: p Special Revenue 8,346,660 8,560,245 9,198,712 852,053 852,05: Debt Service (1,688) (1,688) 4,481 6,169 6,16� Capital Projects 2,204,665 2,217,699 2,231,571 26,906 .50 26,90E cm c Total Governmental Funds $ 26,719,078 $ 24,140,618 $ 23,862,171 $ (2,856,907) $ (2,856,901 0- , a� M CY rn r O N t V Governmental Fund Balances -By Fund Group Governmental Fund Balances - L Combined 18 15 12 N c o_ R 9 6 3 Dec 2018 Feb 2019 General Fund & Subfunds $12.43 t Special Revenue �L $9.20 Debt Service �F Capita I Projects $2.23 $0.00 Mar2019 28 26.72 24 20 H C 0 16 12 8 4 Dec 2018 Feb 2019 Mar2019 *Please note that these revenues and expenses occur within annual cycles. This Interim Report is not adjusted for accruals or those annual cycles. The beginning fund balances for 2019 are preliminary, these will be updated after the completion of the 2018 Financial Statements. 35 Packet Pg. 304 SPECIAL REVENUE FUNDS OVERVIEW I 2.4.a I GOVERNMENTAL SPECIAL REVENUE 104 - Drug Enforcement Fund 111 - Street Fund 112 - Combined Street Const/Improve 117 - Municipal Arts Acquis. Fund 118 - Memorial Street Tree 120 - Hotel/Motel Tax Revenue Fund 121 - Employee Parking Permit Fund 122 - Youth Scholarship Fund 123 -Tourism Promotional Fund/Arts 125 - Real Estate Tax 2 * 126 - Real Estate Excise Tax 1 127 - Gifts Catalog Fund 130 - Cemetery Maintenance/Improvement 136 - Parks Trust Fund 137 - Cemetery Maintenance Trust Fund 138 - Sister City Commission 140 -Business Improvement Disrict Total Special Revenue FUND BALANCES ---- ACTUAL ---- CHANGE IN FUND BALANCE; $ - $ 3,256 $ 3,262 $ 1,234,388 1,080,383 1,027,202 - 33,040 629,977 571,629 570,529 579,560 18,931 19,042 19,074 78,220 79,746 79,225 77,180 85,621 86,565 15,057 14,498 13,931 66,738 71,103 73,127 2,131,480 2,240,741 2,213,612 2,463,687 2,602,292 2,702,019 295,738 352,963 353,921 213,145 199,460 209,844 160,885 159,362 159,627 987,367 994,664 998,800 8,116 8,164 7,819 24,099 45,382 41,149 $ 8,346,660 $ 8,560,245 $ 9,198,712 $ ACTUAL 3,262 $ (207,186) 629,977 7,932 143 1,005 9,385 (1,126) 6,389 82,132 238,332 58,183 (3,301) (1,258) 11,433 (297) 17,050 3,26, (207,18f 629,97" a 7,93, 14: 1,00: '55 9,38: (1,12E 'L 6,38f % L 82,13, 238,33, M 58,18: C'J (3,30' To (1,251 N 11,43, L (29" ca 1 7 nr,r 852,053 $ 852,05: *$200,000 of the fund balance in Fund 125 has been reserved for Marsh Restoration Funding Special Revenue Funds 10 8 �+ 6 _o ■ Special 4 $8.35 $8.56 $9 20 Revenue 2 Dec 2018 Feb 2019 Mar 2019 *Please note that these revenues and expenses occur within annual cycles. This Interim Report is not adjusted for accruals or those annual cycles. The beginning fund balances for 2019 are preliminary, these will be updated after the completion of the 2018 Financial Statements. 36 Packet Pg. 305 ENTERPRISE FUNDS OVERVIEW I 2.4.a I ENTERPRISE FUNDS 421 -Water Utility Fund 422 - Storm Utility Fund 423 - Sewer/WWTP Utility Fund 424 - Bond Reserve Fund 411 -Combined Utility Operation Total Enterprise Funds FUND BALANCES ---- ACTUAL ---- $ 16,436,954 $ 17,001,768 $ 16,963,920 $ 10,218,569 10,783,563 11,150,866 43,368,141 44,421,089 45,208,428 843,976 843,978 843,979 148,008 169,584 187,019 $ 71,015,647 $ 73,219,982 $ 74,354,212 $ CHANGE IN FUND ---- ACTUAL ---- 526,966 $ 932,297 1,840,287 3 39,011 3,338,565 $ *$250,000 of the Storm Utility Fund Balance has been reserved for Marsh Restoration Funding 50,000,000 45,000,000 40,000,000 35,000,000 30,000,000 25,000,000 20,000,000 15,000,000 10,000,000 5,000,000 0 Enterprise and Agency Fund Balances as of March 31, 2019 $45,208,428 Combined Utility Water Storm Sewer/WWFP 526,96E 932,29-1 0 1,840,28' 39,01 c 3,338,56! ii , a� M CY rn r O N t V L C� G $198,816 Bond Reserve Firemen's Pension Fund *Please note that these revenues and expenses occur within annual cycles. This Interim Report is not adjusted for accruals or those annual cycles. The beginning fund balances for 2019 are preliminary, these will be updated after the completion of the 2018 Financial Statements. 37 Packet Pg. 306 2.4.a SUMMARY OVERVIEW FUND BALANCES CHANGE IN FUND BALANCES CITY-WIDE ---- ACTUAL ---- ---- ACTUAL ---- 12/31 /2018 2/28/2019 3/31 /2019 Q1 YTD Governmental Funds $ 26,719,078 $ 24,140,618 $ 23,862,171 $ (2,856,907) $ (2,856,90, iz Enterprise Funds 71,015,647 73,219,982 74,354,212 3,338,565 3,338,56E Q Internal Services Fund 9,962,155 10,030,236 10,028,118 65,963 65,96: Agency Funds 217,698 204,474 198,816 (18,882) (18,88. .v Total City-wide Total $107,914,579 $107,595,310 $108,443,316 $ 528,738 $ 528,73E CM c ii L L Governmental Fund Balances (Excluding General Fund) as of March 31, 2019 0 N Drug Enforcement Fund $3,262 t Street Fund $1,027,2 2 L � Combined Street Const/Improve Fund $629,9 7 Municipal Arts Acquis. Fund $579,56 O Memorial Street Fund $19,074 Hotel/Motel Tax Revenue Fund $79,225 � Employee Parking Permit Fund $86,565 C Youth Scholarship Fund $13,931 Tourism Promotional Fund/Arts $73,127 ILL Real Estate Excise Tax 2 1 $2,2 3,612 L Real Estate Excise Tax 1, Parks Acq $2,7C 2,019 O Gifts Catalog Fund $ 53,921 rn Cemetery Maintenance/Improvement $209 844 0 N Parks Trust Fund $159, 27 v Cemetery Maintenance Trust Fund $998,800 c`a Sister City Commission $7,819 d Business Improvement District $41,149 CL L.I.D. Fund Control $4,481 E O Parks Capital Construction Fund $2,2 1,571 V $- $500,000 $1,000,000 $1,500,000 $2,000,000 $2,500,000 $3,000,000 $3,500,000 C t c� O Q *Please note that these revenues and expenses occur within annual cycles. This Interim Report is not adjusted for accruals or those annual cycles. The beginning fund balances for 2019 are preliminary, these will be updated after the completion of the 2018 Financial Statements. 38 Packet Pg. 307 INTERNAL SERVICE FUNDS OVERVIEW I 2.4.a I INTERNAL SERVICE FUNDS 1511 - Equipment Rental Fund 512 -Technology Rental Fund Total Internal Service Funds 12,000,000 FUND BALANCES ---- ACTUAL ---- 12/31 /2018 2/28/2019 3/31 /2019 $ 9,622,218 $ 9,720,278 $ 9,732,380 $ 339,937 309,958 295,738 $ 9,962,155 $ 10,030,236 $ 10,028,118 1 $ Internal Service Fund Balances 10,000,000 $9,622,218 $9,720,278 $9,732,380 8,000, 000 6,000, 000 4,000, 000 2,000, 000 339,937 $309,958 $295,738 Dec 2018 Feb 2019 Ma r 2019 CHANGE IN FUND F BALANCES a ---- ACTUAL ---- Q1 110,162 $ (44,199) 65,963 $ YTD c 110,16, ii (44,19f >, L 65,96: t CY rn r O N t V L ■ 511-Equipment Rental Fund ■ 512-Technology Rental Fund *Please note that these revenues and expenses occur within annual cycles. This Interim Report is not adjusted for accruals or those annual cycles. The beginning fund balances for 2018 are preliminary, these will be updated after the completion of the 2018 Financial Statements. 39 Packet Pg. 308 2.5 City Council Agenda Item Meeting Date: 05/14/2019 Safety & Disaster Coordinator position Staff Lead: Mary Ann Hardie Department: Human Resources Preparer: MaryAnn Hardie Background/History The full-time, Safety & Disaster Coordinator position was approved in the 2019 budget with a pay grade and range of NR7 ($63,256 - $84,767) per year. This position is a combination of both Safety Coordinator duties (75%) and Disaster Coordinator duties (25%) and has a critical role in both employee and public safety. Following the approval of the new job description at the 1/15/19 Council meeting, the position was first posted. Staff Recommendation Forward to Council for review/approval at the 5/21/19 meeting. Narrative The full-time, Safety & Disaster Coordinator position was approved in the 2019 budget. The position was first posted following the approval of the new job description at the 1/15/19 Council meeting. The position was "open [to applicants to apply] until filled" with a first review of applications on 2/13/19. There was a well -qualified, top candidate from the interview process, who declined to proceed further with the selection process based on the salary range. The position was then reposted shortly following this, and currently remains "open until filled." There were 2 more candidates who were interviewed on 3/22/19, but who did not have the scope of experience for both the safety and emergency management job duties. One candidate was interviewed on 4/17/19 and following the interview, became the top candidate. The candidate was then contacted about proceeding further with the selection process but stated that they would not be able to move forward based on the salary range. Based on a review of the comparator cities, many cities have a Safety Coordinator and/or an Emergency Manager position. Lacey and Tacoma both have combined Safety & Emergency Manager positions. While the wages for the Emergency Manager or Safety Coordinator (stand-alone) positions at the comparator cities are in some cases more in line with Edmonds' comparators, this position's scope of work at Edmonds is more in alignment with Safety Manager and Emergency Preparedness Manager positions. Based on the scope of duties (including the level of skills/experience, effort and responsibilities) for both the safety and disaster coordinator duties of this position, it is recommended that the pay range be increased to NR 9 ($69,738 - $93,456) or NR 10 ($73,225 - $98,129) plus benefits in order to maintain an Packet Pg. 309 2.5 appropriate, competitive level of pay for the position's level of duties, responsibilities and scope of work. This position will have a critical risk management and compliance role in managing the safety and disaster programs for the City that comes with an extensive level of training, practical experience and skill (in the field of work) order to be successful in this position. This also requires a competitive level of pay based on such experience. The recommended increase to the pay range, including benefits, would be, at most, an approximate additional $25,151-$31,693 per year (at the stop step), going forward. As this position has been unfilled, there are salary savings for the first 5 months of the year that would be used to pay for this increase to the budget for this year to fill this position (so there would be no additional cost to the budget to fill this position this year). The job description for the position is attached. Attachments: Safety & Disaster Coordinator 2019 Packet Pg. 310 2.5.a City of EDMONDS Washington SAFETY & DISASTER COORDINATOR Department: Human Resources Salary Range 7 Bargaining Unit: Non Represented FLSA Status: Exempt Revised Date: January 2019 Reports To: Human Resources POSITION PURPOSE: Under general supervision, serves as an internal safety and disaster program(s) coordinator, administering a comprehensive employee occupational safety, health and training program and serving in the role and performing the duties of the organization's Disaster Coordinator to comply with applicable Federal and State laws and regulations. This is a full-time position (.75 safety and .25 disaster coordinator duties). Approximately 30 hours per week will be spent on City-wide safety duties and 10 hours per week will be spent focusing on disaster coordinator duties. ESSENTIAL FUNCTIONS AND RESPONSIBILITIES: The following duties ARE NOT intended to serve as a comprehensive list of all duties performed by all employees in this classification, only a representative summary of the primary duties and responsibilities. Incumbent(s) may not be required to perform all duties listed and may be required to perform additional, position -specific duties. • Responsible to plan, develop, administer and implement provisions of the employee occupational safety, health and training program for field personnel and City staff. • Conducts research, makes recommendations and prepares City policy and procedures to implement provisions of WISHA/OSHA/WAC and other regulations related to occupational safety and health; develop and maintain safety policy and procedures manual (Accident Prevention Program). • May coordinate (as directed) the administration of the City's Worker's compensation program including: monitoring and managing the claims process for the City's early return to work program; coordinating employee leaves related to worker's compensation, working with injured employees, mangers, supervisors and/or L & I claims, and processing of sick leave buy backs; completing the OSHA 300 log and summary; creating other reports regarding accident trends and costs, maintaining records in compliance with OSHA/WISHA/WAC standards. • Utilizes knowledge of regulations to makes recommendations and decisions regarding safe work practices and the purchase and use of safety equipment. • Provides guidance, assistance and technical expertise to managers, supervisors and employees regarding mandatory requirements and safety procedures; makes recommendations on program related equipment supplies and costs; recommends or directs corrective measures to ensure employee safety and compliance. May provide on -the -spot corrective materials, communicates and disseminates information, and implements action to resolve related problems. • Conducts field inspections as needed; investigates or provides for investigations of accidents, reviews accident causes and implements and/or recommends preventive measure to prevent future occurrences; provides advisement and insight on City safety related issues as needed/requested. • Develops, organizes and provides mandatory safety training in compliance with regulations; evaluates training effectiveness. Assists in the selection and hiring process for consultants to present outside safety - related training; manages, leads and oversees internal employee training instructors and teams; trains and provides support to employee instructors. Safety & Disaster Coordinator Packet Pg. 311 2.5.a Safety & Disaster Coordinator • Maintains all records required by law, including Safety Data Sheets (SDS), training, inoculations and health testing. • Leads and/or participates as a member of the City Safety Committee and other related assigned safety committees. May attend department safety committee meetings from time to time to discuss specific safety related topics, hazard communication and/or trends. • Coordinates and conducts Emergency Operations Center (EOC) training and exercises for City of Edmonds employees and departments. o Responsible for ensuring that the appropriate staff will receive training in specific emergency management skills and professional development through available resources. o With assistance from SnoCo DEM, the Police Department and the Fire District, responsible for coordinating and implementing drills and exercises for City employees and for the development and maintenance of the Comprehensive Emergency Management Plan (CEMP). o Responsible for ensuring that drills and exercises are conducted on an ongoing and annual basis to evaluate the effectiveness of the CEMP and to determine future related training needs, the effectiveness of the City's management programs and the employees' level of training. o Manages City EOC assuring facility is well equipped for activation. • In response to a disaster or emergency event: o Coordinate Proclamation of Local Emergency with the Office of the Mayor and SnoCo DEM. o Provide policy recommendations to the Mayor during times of emergency or disaster or in anticipation of large scale emergencies. o Request outside assistance (other than mutual aid) through SnoCO DEM Emergency Coordination Center or duty officer. o Coordinate dissemination of emergency warning information through available city resources and SnoCo DEM; coordinate mitigation and preparedness activities as appropriate. o May be designated and provided authorization to impress the services and equipment of residents as necessary in response to a disaster and provided authorization to contract with any person, firm, corporation or entity to provide construction work on an agreed upon cost basis during emergency or disaster operations. o Submit complete disaster assistance paperwork to SnoCo DEM for submittal to appropriate county, state and federal agencies. o Coordinate with the Emergency Operations Board to ensure that emergency preparedness activities in response to emergencies and disasters and the coordination of the recovery from emergencies and disasters are effectively carried out within the City of Edmonds. • Coordinate the development and maintenance of the city's Comprehensive Emergency Management Plan (CEMP). • Represents the City at SnoCo DEM Advisory Board and SnoCo DEM Training and Exercise Work Group meetings. • Serves as Chair of the Emergency Management Committee that provides staff support, direction and expertise in the development of the CEMP and supporting documents; participate in any related subcommittees as appropriate. • Develops appropriate budget proposals and recommendations regarding funding decisions to provide resources that may be needed to develop, implement and maintain an effective emergency preparedness and management program. • Serves as the liaison for community organizations as needed to increase awareness of emergency preparedness and response plans. • Punctual, regular and reliable attendance is essential for successful job performance. • May perform other related duties as assigned. Required Knowledge of: • Extensive knowledge of local, Federal and State laws and regulations governing occupational safety and health, specifically but not limited to the Washington Industrial Safety & Health Act (WISHA) and the Occupational Safety & Health Act (OSHA) and state industrial insurance and self-insurance as related to workers compensation. • Basic functions, procedures and policies of the Police and Fire Departments. • Principles and practices of emergency management plans and programs. • Coordinating activities of an Emergency Operations Center (EOC), as well as EOC, Comprehensive Emergency Management Plan (CEMP) and Disaster Coordinator processes and procedures. Safety & Disaster Coordinator Jwingry Packet Pg. 312 2.5.a Safety & Disaster Coordinator • Incident Command (ICS) and National Incident Management Systems (NIMS) protocols. • Local community resources and community services programs. • Safety measures related to the EOC and EOC processes. • Workers compensation claims management. • Training practices and procedures. • Record keeping and reporting requirements and procedures. • Principles and practices of safety management, industrial hygiene, and storage and disposal of hazardous materials. • Safety & risk management practices for municipal government, including industry standards and best practices. • Principles of analysis of safety reports and systems. • Principles of customer service and public relations. • Research methods and report preparation and presentation. • Advanced mathematical computations and statistical methods adequate to correctly perform work. • Effective oral and written communication principles and practices to include public relations. • Modern office procedures, methods and equipment including computers and computer applications such as: word processing, spreadsheets, and statistical databases. • English usage, spelling, grammar and punctuation. • Principles of business letter writing. Required Skill & Abilities in: • Communicating effectively verbally and in writing with audiences of various levels of technical sophistication • Conducting effective research, analysis and interpretation of complex laws and regulations. • Verbal and written presentation of technical information and detailed instructions. • Administering and maintaining municipal emergency management plans and programs. • Preparing emergency management reports in accordance with regulatory reporting requirements. • Planning and implementing a comprehensive occupational safety and health program. • Clearly explaining and/or providing instruction in the application of complex laws and regulations, work procedures and the use of safety equipment/clothing. • Chairing/conducting and facilitating meetings. • Developing and implementing an EOC and safety -training program to maximize safety of employees and legal compliance. • Developing and presenting effective training curriculum in numerous areas of occupational safety and health. • Working effectively under general supervision, independently, and as a member of a service -oriented team. • Maintaining physical ability to perform demonstrations of safety methods, the use of safety equipment and rescue operations. • Planning and meeting deadlines, working with multiple projects. • Knowledge of proper safety principles related to use of equipment at the City. • Analyzing and interpreting fiscal and accounting reports. • Preparing informative and statistical reports. • Gathering data and verifying information. • Responding to safety related questions and concerns, OSHA and/or L & I inspections, etc. • Interpreting and applying federal, state and local policies, laws and regulations related to safety. • Utilizing personal computer software programs and other relevant software affecting assigned work and in compiling and preparing spreadsheets. Safety &Disaster Coordinator J "PacketPg. 313 2.5.a Safety & Disaster Coordinator • Establishing and maintaining effective working relationships with staff, management, vendors, outside agencies, community groups and the general public. • Maintaining confidentiality as appropriate and communicating with tact and diplomacy. • Perceiving when non -routine activities are required and offering to help without needing to be asked. MINIMUM QUALIFICATIONS: Education and Experience: Two years of college -level course work or equivalent emergency management or public administration AND safety training providing a thorough knowledge of laws, regulations and management of emergency management services, occupational safety, industrial hygiene or related field plus work experience in administration of federal or state mandated safety programs and public relations or communications experience required OR an equivalent combination of education, training and experience. Required Licenses or Certifications: Valid Washington State driver's license or possession of a valid Washington State driver's license within one month of date of hire. Current NIMS training (IS Level 100, 200, 700 and 800 certification) or must obtain these certifications within six months of date of hire. Safety and Health Specialist Certification preferred. Must be able to successfully complete and pass a criminal background check and fingerprinting, as well as periodic ACCESS security training. WORKING CONDITIONS: Environment: • Office and field environment. • Constant interruptions. Physical Abilities • Hearing, speaking or otherwise communicating to exchange information in person or on the phone. • Operating a computer keyboard or other office equipment. • Reading and understanding a variety of materials. • Sitting or otherwise remaining stationary for extended periods of time. • Bending at the waist, reaching above shoulders and horizontally or otherwise positioning oneself to accomplish tasks. Hazards • Potential handling of moderate risk hazardous materials and potential accidental exposure to hazardous chemicals. • Contact with dissatisfied or upset individuals. Incumbent Signature: Date: Department Head: Date: Safety & Disaster Coordinator J Packet Pg. 314 3.1 City Council Agenda Item Meeting Date: 05/14/2019 2019 Hourly Employee positions Staff Lead: Mary Ann Hardie Department: Human Resources Preparer: MaryAnn Hardie Background/History The City employs hourly (including temporary and/or seasonal) employees. These employees are paid an hourly wage amount (without benefits) and are employed temporarily as needed for short periods of time during the year. The hourly wage chart has historically been included in the annual budget book/process, but was unintentionally omitted from the 2019 book. Staff Recommendation Forward to full Council for approval on the 5/14/19 consent agenda. Narrative The City has hourly (including temporary and/or seasonal) employees. These employees are paid an hourly wage amount (without benefits) and are employed temporarily as needed for short periods of time during the year. The hourly wage chart has historically been included in the annual budget book/process, but was unintentionally omitted from the 2019 book. The hourly wage chart is increased based on increases to the state minimum wage (there is no COLA applied). The 2019 Hourly Employee wage chart and corresponding list of hourly position titles is attached. Finance Director Scott James will be presenting this item at the Finance Committee meeting on 5/14/19. Attachments: 2019 Hourly Positions by Title Hourly Employees Wage Rate for 2019 Packet Pg. 315 Exhibit A 3.1.a 2019 HOURLY POSITIONS BY PAY GRADE AND TITLE GRADE TITLE DEPARTMENT H01 Summer Preschool Assistant Recreation Gymnastics Assistant Recreation H04 -Temporary Office Support Assistant General H05 Front Desk Receptionist General Gymnastics Instructor 1 Recreation Preschool Assistant Recreation Facility Attendant Recreation H07 Temporary Office Worker General Ranger/Naturalist Recreation r -i e n .evert,, O ffiee, A ssista Dr vncc H08 Mechanic Assistant PW Temporary Laborer Parks/PW Beautification Program Worker Parks Gymnastics Instructor II Recreation H09 Intern 1 General H10 Summer Preschool Supervisor Recreation Ranger Naturalist Lead Recreation H11 Bailiff Court Tennis Instructor Recreation H 12 Intern 2 General H16 Temporary Project Specialist General HPO Police Reserve ($12.00) Police H21 Pro Tem Judges Municipal Court Updated 4.19 NOTE: If you have a seasonal or temporary employee who may be subject to the Teamsters contract language (Article 1.2.2 Seasonal & Temporary Employees), you must track their hours. If they reach 347 hours in the season, they are subject to the Teamsters' contract seasonal pay rate and schedule (Grade B). N c 0 r .y 0 a d m O 0. E W 0 0 x as 0 N d .r c 0 r .y 0 a L 0 r O N r c 0 E z c� Q Packet Pg. 316 City of Edmonds 2019 Hourly Employee Wage Schedule GRADE 1st YEAR 2nd YEAR 3rd YEAR 4th YEAR 5th YEAR STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 H1 $12.00 $12.60 $13.23 $13.89 $14.59 H5 $13.50 $14.18 $14.89 $15.63 $16.41 H6 $14.34 $15.05 $15.81 $16.60 $17.43 H7 $15.19 $15.95 $16.75 $17.59 $18.47 H8 $15.74 $16.52 $17.35 $18.22 $19.13 H9 $16.86 $17.71 $18.59 $19.52 $20.50 H10 $17.72 $18.60 $19.53 $20.51 $21.54 H11 $18.72 $19.66 $20.64 $21.67 $22.75 H12 $21.54 $22.61 $23.74 $24.93 $26.18 H13 $24.69 $25.92 $27.22 $28.58 $30.00 H14 $27.11 $28.47 $29.89 $31.38 $32.95 H15 $29.77 $31.26 $32.82 $34.46 $36.19 H16 $32.69 $34.33 $36.04 $37.85 $39.74 H17 $35.91 $37.70 $39.59 $41.57 $43.64 H18 $39.44 $41.42 $43.49 $45.66 $47.94 H19 $43.34 $45.50 $47.78 $50.17 $52.67 H2O $47.62 $50.00 $52.51 $55.13 $57.89 H21 $65.00 Step Advancement: Hourly employees are eligible for step advancements following each completed year of service or return to the same seasonal position the employee occupied the previous year based on performance. Advancement cannot go beyond step 5 of the pay grade. \\edmsvr-deptfs\HR\COMPENSATION & BENEFITS\SALARY & WAGE INFORMATION\SALARY & WAGE INFORMATION 2005- current\2019 Salary and Wage Scales\Hourly Employees Wage FPacket Pg. 317 3.2 City Council Agenda Item Meeting Date: 05/14/2019 Approval of Resources for Housing Commission Staff Lead: Shane Hope Department: Development Services Preparer: Diane Cunningham Background/History The City Council established a Citizens' Housing Commission via Resolution No. 1427 (Attachment 1) on April 16, 2019, with a mission to "develop diverse housing policy options... to expand the range of housing (including rental and owned) available in Edmonds...". The Development Services Department has been working on the process, consistent with the Council's resolution, to provide initial public information and application intake. Much more work will be needed to arrange and carry out the Housing Commission meetings and other public involvement opportunities mentioned in the Resolution, along with supporting development of the Commission's recommendations. Over several prior meetings, the City Council discussed having a meeting facilitator and a community engagement specialist assist with the work. (See Attachments 2, 3, and 4.) At the meetings, when asked, Development Services Director Shane Hope said that her department could provide support for the Citizens' Housing Commission process, including the provision of information on housing issues, but that for extensive public outreach and facilitating the meetings, a community engagement specialist would be very helpful. She indicated that the actual cost of such consultant work could be between $30,000 and $90,000 (depending on the level of expected work). On March 19, the Council discussed splitting the two consultant functions (meeting facilitator and community engagement specialist), so that the first function could get underway by the time --or very soon after --the Citizens' Housing Commission had its first meeting. Following discussion, the City Council voted to direct staff to issue an RFP for the facilitator. The level of resources for consultant or other assistance to help with certain parts of the work still needs to be decided. This is especially critical for three different but complementary aspects: 1. Meeting facilitation 2. Community engagement 3. Meeting minutes or notes. These three aspects are explained in more detail in the Narrative section below. Staff Recommendation Forward to the full Council the request for tentative approval of additional resources to support the Housing Commission's work. Narrative Meeting Facilitator Packet Pg. 318 3.2 Work on the RFP or RFQ for meeting facilitator services is well underway. Because City staff will carry out a key role in the meeting and scheduling process, the facilitator services need not be extensive. However, the consultant would still need to commit time for at least 19 meetings with the Citizens' Housing Commission, plus time before and after each Commission meeting to coordinate with staff. The consultant would also need to attend and/or facilitate 6 additional public events and, generally, stay up to speed and communicate with staff on the process. Of course, the facilitator would need to be skilled at managing meetings, conflict resolution, and communication. For this consultant work, an important question now is: What budget should be planned? We recommend that the budget for the meeting facilitator (separate from a community engagement specialist) be: $9,000 in 2019 and $18,000 in 2020. NOTE: The work in 2019 would extend over approximately half -a -year and the work in 2020 would be for the whole year. Community Engagement Services of a community engagement specialist may come from an individual or a team to reflect different skill sets, for example: planning diverse community outreach events, knowledge of public process, graphic design, website development, survey techniques (including online), data management, and communication methods. For this project, work would include tasks such as: helping to identify approaches to and assistance with hosting and organizing additional public events (such as open houses, town halls, online meetings, pop-up meetings or other types of outreach that would attract a wide range of people), designing graphic information and display boards, designing flyers or brochures, designing website information, developing electronic surveys and organizing the results in a way that is helpful to the community and decision -makers. (Firms that specialize in community engagement often have personnel that are skilled in meeting facilitation, as well as the other skills above. However, meeting facilitation skills may not be necessary for this project if the City hires a separate meeting facilitator under a different contract.) We have previously assumed the community engagement work would be carried out by a consultant firm specializing in that field. The firm would not need experience in housing. Rather, its job is to know how to engage in a broad and positive way with the community and gather information to be shared with others. Another option, however, is to hire a half-time staff person with skills similar to those described above (including but not limited to public process, graphic communication, and website design). The key advantage of hiring a consultant firm is that a broad set of skills can be focused on the project for less hours, resulting in less direct costs. The key advantage of hiring a half-time staff person is that the right person in the job would have more hours to get more things done. We see the budget options for the community engagement specialist (separate from a meeting facilitator) as: In 2019 $27,500 - $53,000 for consultant services or $58,000 for half-time staff person In 2020 $55,000 - $90,000 for consultant services or $117,600 for half-time staff person Packet Pg. 319 3.2 NOTES: 1. The comparison above between a consultant and a half-time staff person is not exactly even. That's because a staff person would also be performing extra hours of research (such as information about other cities), serving as a voice and information source for the public, and providing on -call organizational support, compared to the consultant. 2. The work in 2019 would extend over approximately half -a -year and the work in 2020 would be for the whole year. Combination of MeetinLy Facilitator and Communitv EnLyaeement Soecialist Combining the tasks of the meeting facilitator and the community engagement specialist into one consultant contract is also an option. This would result in cost -savings due to the efficiency of having one firm, rather than two, carrying out consultant roles. It would also require less staff time to administer one contract, rather than two. The direct cost savings of combining the consultant roles/contract is estimated at $4000 in 2019 and $9,000 in 2020. Meeting Minutes or Notes If formal minutes of the Housing Commission meetings are desired, we would need to obtain services of a contractor, such as one of the professional minute -takers that already work for the City. Assuming 7 Commission meetings in 2019 and 12 in 2020 and about $300 per meeting, the needed budget is: $2,100 in 2019 and $3,600 in 2020. The other option is to have staff take informal notes, rather than detailed minutes, at the Housing Commission meetings. The "notes" option would not require additional funding. Other Staff Resources Other staff resources that are presumed to come out of existing staff resources include: advertising for consultant services, developing contracts, overseeing the process (such as setting and tracking timelines; reporting to the City Council; coordinating with the consultant(s); pulling together housing data; providing agendas; communicating news to the public; making or arranging presentations about housing, growth management or other topics for the Housing Commission; preparing memos and reports; and organizing Commission recommendations into the preferred format, etc.) We estimate that the amount of staff hours, even with good consultant assistance for both meeting facilitation and community engagement, to be easily 500 hours over the year -and -a -half period. Without extra assistance for community engagement, the staff hours could be at least 200 more. Not having community engagement help for this project would result in staff having less time to work on other important tasks, including: code amendments, customer service, climate action updates, and any projects related to planning or selected topics that the Council may want the Development Services Department to address during the next year -and -a half. Conclusion The City Council is being asked for general direction on the budget for three aspects of the Housing Commission work (meeting facilitation, community engagement, and meeting minutes/notes). General direction would allow staff to move forward with getting consultant services. However, the Council's final approval can wait until the next quarterly budget amendment process. Packet Pg. 320 3.2 Attachments: Resolution 1427 Att.1 : Council Minutes of 2.19.19 Att. 2: Council Minutes of 3.19.19 Att. 3: Council Minutes of 4.16.19 Packet Pg. 321 3.2.a RESOLUTION NO. 1427 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, ESTABLISHING THE CITIZENS' HOUSING COMMISSION WHEREAS, in 2017 the City of Edmonds began the process of developing a Housing Strategy to fulfill an objective of the Housing Element of the city's Comprehensive Plan at P. 96, which states: "Implementation Action: Develop a strategy by 2019 for increasing the supply of affordable housing and meeting diverse housing needs;" and WHEREAS, the Council has heard numerous comments and concerns from our constituents that the process for establishing policies around an expanded range of housing options should be revised to include greater public input and balanced representation; and WHEREAS, three primary themes have emerged from input the Council has received from its constituents; and WHEREAS, first, rather than an Administration -appointed task force working toward housing policy recommendations, members of the public have expressed a strong preference for a process which establishes a Housing Commission via applications from interested citizens; and WHEREAS, second, a strong preference has been expressed for sufficient time to be provided for all housing -related issues to be thoroughly vetted to enable policy recommendations to be brought forward that are in Edmonds' long term best interests; and WHEREAS, finally, the public has made clear it expects members of the Housing Commission should represent all areas of Edmonds and the Edmonds Bowl should not be over- represented; and WHEREAS, on December 11, 2018, the Council passed Resolution 1420 to docket a Comprehensive Plan amendment that is expected to result in the removal of the 2019 timeline for establishment of an Edmonds Affordable Housing strategy as called for in the current Comprehensive Plan and to provide additional time for development of an appropriate array of diverse housing options for Edmonds; and WHEREAS, the Council also agrees that the process for citizen involvement should be retooled to encourage volunteer participation from across Edmonds; and WHEREAS, the expanded timeline for development of diverse housing policy options provides the opportunity to establish a Citizens' Housing Commission to enable direct citizen involvement in this important process; and Packet Pg. 322 3.2.a WHEREAS, on February 19, 2019, the Council discussed next steps toward achieving this objective; and WHEREAS, a significant initial step will be to establish a Citizens' Housing Commission to assess all factors that must be considered in driving toward housing policies that expand the supply of diverse housing options while maintaining Edmonds' character and quality of life; and WHEREAS, on February 19, 2019, the Council also provided direction that such a Commission should be formed; and WHEREAS, on March 19, 2019, the Council provided more specific direction as to the contents of a resolution that would create the Citizens' Housing Commission; now therefore, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Citizens' Housing Commission Created. The Citizens' Housing Commission is hereby created and shall be subject to the following provisions: A. Mission. The mission of the new Citizens' Housing Commission shall be as follows: Develop diverse housing policy options for Council consideration designed to expand the range of housing (including rental and owned) available in Edmonds; options that are irrespective of age, gender, race, religious affiliation, physical disability or sexual orientation. B. Appointment Process. The Commission shall consist of fifteen voting members: each Councilmember will select two appointees and one alternate; and the mayor will select one appointee and one alternate. The mayor's selection will be from the remaining pool of applicants after Councilmembers have made their selections. C. Appointment by Zone. Each of the seven Councilmembers shall be assigned a particular zone at the Council President's direction and will be responsible for assessing applications from that zone (see map attached as Exhibit A describing the seven geographic zones of Edmonds which will be attached to the Commission application form). Each Councilmember will select two appointees and one alternate from his/her assigned zone. In the event that there are insufficient applicants to fill the positions for a particular zone, the Councilmember assigned to that zone may select from the remaining applicants residing in any other zone, but only after the other Councilmembers have made their selections. D. Meetings. The Commission will meet at least once per month on a day and time to be determined by the Commission, and may meet more frequently at the Commission's discretion. The time and place of the first meeting of the Commission shall be established by the Council President. 2 Packet Pg. 323 3.2.a E. Voting. Alternates should attend meetings to remain current on the Commission's progress but shall not be voting members unless they are participating in lieu of an absent Commissioner from their assigned zone. F. Liaisons. Two Councilmembers shall be assigned to the Commission as Council Liaisons in an advisory (non -voting) role. G. Public Outreach. The Commission shall host public outreach sessions (open houses, town halls, etc.) once per quarter at varying public locations within Edmonds to provide updates on its progress in developing housing option policy recommendations. H. Website Updates. The status of the Commission's work on the development of expanded housing options shall be updated regularly on the city's Housing website. I. Reporting to the Council. The Commission shall report progress to the Council at least once per quarter, beginning in the 3rd quarter of 2019. J. Sunset Date. The Commission will complete its work by December 31, 2020 and have a sunset date of January 1, 2021. Section 2. Recruiting. A post card will be sent to each Edmonds household announcing the application process and deadlines. This mailing will be in addition to the process normally used to publicize Commission application availability (e.g., City website announcements, articles in local media, etc.). Section 3. Application Process. Applicants for appointment to the Commission shall be subject to the following: A. Qualifications. Commission applicants must be current residents of Edmonds. B. Zones. Each applicant must identify which of the seven "zones" he/she lives within (see map attached as Exhibit A describing the seven geographic zones of Edmonds which will be attached to the Commission application form). C. Application Contents. The following information will be requested on the application form: a. Occupational status and background. b. Organizational affiliation. c. Why are you seeking this appointment? d. What skills and knowledge do you have to meet the selection criteria? e. List any other Board, Commission, Committee or official position you currently hold with the City of Edmonds. f. How long have you lived in Edmonds? g. Do you rent or own your home? h. Are you currently a landlord of property located in Edmonds? Note: items a-e above are standard questions of applicants for any Edmonds Board or Commission. Items f-h above are specific to the Edmonds Citizens' Housing Commission. 3 Packet Pg. 324 3.2.a RESOLVED this 161h day of April, 2019. CITY OF EDMONDS M'AYOR,'DAVE EARLING ATTEST: CLERK, SC ASSEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. April 12, 2019 April 16, 2019 1427 4 Packet Pg. 325 OF ED4�� City of Edmonds Census -based Area Map Igo. lggo 0 1,000 2,000 4,000 Feet Sooth-Coo Park QC N O\y�,pCC�Ce�N W E S BeaNew Pak Hutt ve�k fia 0�? � see�lew '�,� Ekmentay Blerre PeM SoM1utM1 ' rls Park PeeeM1 Main St. Trek v .......... ,......................................... 196th St. SW M klePlewootl lull K� ­e eel 651 220th St. SW 212th St. SW v t 01 Z Pe* Mettmee KA SCM1ooI U Wootlway Elementay leke Bellinger Perk Eamo�w: Community College CP Eleme MO,l Place 'Etlle S-1 City of Edmonds 121 5th Ave N o Edmonds, WA 98202 h 1 inch = 2,000 feet February 201 Edmonds Housing Strateg Packet Pg. 326 3.2.b Councilmember Teitzel said there is no cost to post audio recordings online. Videotaping committee meetings would cost $20,000 for the first year so there is a taxpayer consideration. He supported either Option A or B to make audio recordings of committee meetings conveniently available to the public and the media the next day in the interest of improving transparency and ease of access which is a positive step forward. If the Council had decided to videotape committee meetings, there would still be the issue of creating separate agendas. One downside of not having a quick Council meeting prior to committee meetings is not having an opportunity to approve Consent Agenda items. He was in favor of instructing the city attorney to amend the code to reflect no Council meeting prior to committee meetings and to start committee meetings at 7:00 p.m. Council President Fraley-Monillas commented for 15 years there was no Consent Agenda approval on the second Tuesday of the month and Councilmembers went straight to committee meetings. She acknowledged emergencies may arise requiring a special Council meeting. COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO DIRECT THE CITY ATTORNEY TO DRAFT A MEMO TO AMEND THE EDMONDS CITY CODE TO REFLECT NOT HAVING A COUNCIL MEETING PRIOR TO COMMITTEE MEETINGS ON THE SECOND TUESDAY OF EACH MONTH AND COMMITTEE MEETINGS START AT 7:00 P.M. MOTION CARRIED (6-1) COUNCILMEMBER JOHNSON VOTING NO. COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO CONTINUE TO DIGITALLY AUDIO RECORD CITY COUNCIL COMMITTEE MEETINGS AND DIRECT THE CITY ATTORNEY TO AMEND THE EDMONDS CITY CODE TO REFLECT THAT DIGITAL AUDIO RECORDINGS OF COMMITTEE MEETINGS BE POSTED ONLINE AND THAT NO FULL COUNCIL MEETING BE HELD PRIOR TO COMMITTEE MEETINGS. UPON ROLL CALL, MOTION CARRIED (4-3), COUNCILMEMBERS BUCKSHNIS, MESAROS, TEITZEL AND TIBBOTT VOTING YES; AND COUNCIL PRESIDENT FRALEY-MONILLAS AND COUNCILMEMBERS JOHNSON AND NELSON VOTING NO. 3. AFFORDABLE HOUSING: NEXT STEPS Councilmember Teitzel said this issue has prompted a great deal of discussion and controversy. A number N of Councilmembers have been involved and provided guidance. The intent is to reset the Council's direction — regarding housing issues in Edmonds. This is a study item and suggested Council provide guidance regarding next steps. He read the first three paragraphs of the agenda memo: • Background/History: S o In 2018 the City of Edmonds began the process of developing a Housing Strategy to fulfill a — stated objective of the Housing Element of the city's Comprehensive Plan at P. 96, which c states: 'o ■ "Implementation Action: Develop a strategy by 2019 for increasing the supply of v affordable housing and meeting diverse housing needs." A Housing Task Force was formed to work with Berk Consulting and city staff to develop a rough draft of the strategy Q document, and the draft was subsequently submitted for feedback from the public, the Planning Board, and Council. During public hearings, both formal and informal, it became E clear in feedback from constituents that the citizens were concerned about recommendations put forth in the draft and the potential for public comment to be fully considered in the process. Efforts to redraft a housing options plan have been placed on a hold while Council and staff refocus on the task definition and next steps for moving forward. • Staff Recommendation: o It is recommended that Council further discuss this issue and consider a series of motions to clearly identify the task and next steps to develop housing options recommendations to be Edmonds City Council Approved Minutes February 19, 2019 Page 10 Packet Pg. 327 3.2.b brought to Council that will enhance Edmonds' supply of housing for residents of all income levels. Narrative: o In public comments at various open houses to review the draft housing strategy as well as in public comment before City Council, several common concerns were voiced. First, concern was expressed that the 2019 timeline called out in the Comprehensive Plan for development of an affordable housing strategy is too aggressive and that more time is required to consider all feedback and to develop a plan that preserves Edmonds' character and quality of life. Second, many commenters felt the task force should include Edmonds residents that applied for inclusion on the task force and not be limited to members selected by Edmonds city staff. Finally, many commenters expressed concern the task force members did not fully represent the various areas of Edmonds (e.g., too many were residents of the Edmonds Bowl). o In recognition of these concerns, Council should address the following key questions as study items and establish direction: 1) Should the Comprehensive Plan be amended to extend the due date for development of a housing strategy, and if so, what should be the target due date? 2) Should the Comprehensive Plan be amended to revise the stated objective at P. 96 to be "development of a housing options plan" rather than "develop a strategy for increasing the supply of affordable housing," since the housing element of the Comprehensive Plan already contains strategic direction? 3) Should a citizen Housing Commission be established to work with Staff in developing affordable housing options recommendations to bring before Council? Councilmember Teitzel suggested Council discussion and direction on the three key questions, beginning with the first question. Councilmember Buckshnis said an amendment to the Comprehensive Plan to either remove the objective or extend the due date for developing a housing strategy has been docketed. Council President Fraley-Monillas suggested first discussing whether a housing commission is needed. She said Councilmembers Teitzel and Tibbott determined a citizen housing commission was needed but the Council has not yet affirmed that. Mayor Earling pointed out that is question 3. Councilmember Tibbott relayed his understanding this has been docketed which provides notice that it will be considered via the Comprehensive Plan amendment process which typically occurs in November. He was seeking direction from the Council, noting it may not be necessary for the Council to make a statement now about the Comprehensive Plan amendment as that could be done in November. Development Services Director Shane Hope said the Council cannot make a decision now about a target due date, but could state �j its intent. Councilmember Tibbott said in his opinion more time than 2019 will be required to revise the Comprehensive Plan and he supported pushing the due date into 2020. He commented the word "strategy" Q is somewhat redundant because it is already in the Comprehensive Plan; he preferred "housing options plan." c m E In response to Council President Fraley-Monillas' comment, Councilmember Tibbott said there was no attempt on his part to presume the Council wanted to form a commission; the agenda memo was simply Q articulating what that step could look like in preparation for a robust Council discussion. After some sense of direction, it would be appropriate to return with a resolution to capture the Council's wishes regarding the commission. If Council does not choose to form a commission, they will return to drawing board regarding how to have greater public engagement along with transparency. Edmonds City Council Approved Minutes February 19, 2019 Page 11 Packet Pg. 328 3.2.b Council President Fraley-Monillas referred to question 3 and developing affordable housing options recommendations to bring before Council, and stated her preference to consider all levels of housing including veterans, disabled and senior housing. She recognize that the agenda memo could not list all types of housing but those were major housing types that were missing. Council President Fraley-Monillas commented the City has not had a housing strategy in the Comprehensive Plan in the past and necessary changes have been made via zoning. She asked how greater public engagement and participation could be obtained without a housing strategy. Ms. Hope answered there are at least two aspects of housing as it relates to the city, 1) zoning and development regulations, and 2) potential programs and partnerships with non-profit agencies which are not development code related. Any revisions to development regulations are subject to a public process including open houses, Planning Board meetings and public hearings, etc. Councilmember Buckshnis was supportive of forming a housing commission. She recalled in November the Council discussed the number of members, etc. She inquired about Ms. Hope's task force and if she had time for a housing commission. Ms. Hope explained the task force appointed by Mayor Earling completed its work several months ago. She formed a temporary citizens committee that has completed its work. Councilmember Buckshnis recalled the November memo states the Comprehensive Plan includes a strategy promoting affordable housing. She supported forming a housing commission and looking at this methodically. She referred to ARCH, a Seattle -based organization that works on affordable housing, and affordable housing units that are being sold or rented to people who do not qualify for affordable housing. Ms. Hope said she would be glad to work with the Council and any commission the Council forms. The reason this question was raised was to get Council concurrence because a formal decision had not been made. With regard to question 1, Councilmember Nelson recommended amending the Comprehensive Plan to remove the due date for development of a housing strategy. With regarding to question 2, he said the Comprehensive Plan already contains language regarding a housing strategy. Councilmember Teitzel asked if it was possible to amend the Comprehensive Plan prior to end of year. Ms. Hope said the Comprehensive Plan can only be amended once year with limited exceptions. It was last amended in late 2018 and would typically be amended in late 2019. An amendment could be done slightly earlier in the year but that could result in insufficient time to consider other amendments. Councilmember Teitzel disagreed with Councilmember Nelson, commenting the Comprehensive Plan and 9 housing element provide general strategic direction and if a housing commission is formed, that should be the general framework to guide their efforts. He proposed, at a minimum, that the Council pass a resolution or give clear direction regarding Comprehensive Plan amendments so that that thinking can be incorporated 0 into the development of the commission. Ms. Hope said the Council can adopt a resolution but there is no final decision until the Council adopts the Comprehensive Plan. Q Councilmember Tibbott suggested the Council could leave questions 1 and 2 until the end of the year and consider that issue with other Comprehensive Plan amendments. Councilmember Nelson's proposal may E be entirely adequate or the Council may choose to offer more clarification. Direction is needed from the 0 Council regarding the formation of a housing commission. He cited two important reasons to form a a commission, 1) to involve citizens from throughout the city relative to their zone to gather input for future development of housing, and 2) that input needs to be transparent and a commission offers that opportunity. He and Councilmember Teitzel discussed the timeline for forming a commission and envisioned it could take as long as six weeks to solicit applications and make appointments. During the first couple months the commission would learn about the code, housing options, how the planning process works and then get into Edmonds City Council Approved Minutes February 19, 2019 Page 12 Packet Pg. 329 3.2.b specific policy considerations to give guidance to the City Council regarding housing types and priorities. Councilmember Tibbott concluded he saw the commission as a valuable tool. At Councilmember Tibbott's request, Councilmember Teitzel read the proposed mission statement for the housing commission: develop housing policy options for Council consideration designed to expand the range of housing available to Edmonds residents of varying income levels; options that are irrespective of age, gender, race, religious affiliation or sexual orientation. Councilmember Tibbott said the housing commission would have a very specific focus, to develop housing policy options. Once those options are articulated, they would be brought to Council in the form of a recommendation. He concluded that would be very helpful, important work, and having a broad range of citizens involved would serve the City well for 1-2 decades. (Councilmember Johnson discontinued her participation by phone at 8:54 p.m.) E 0 Councilmember Mesaros expressed support for establishing a date in the Comprehensive Plan; possibly the housing commission could recommend a date when they believe the work will be accomplished but not 3 shortcut the process. He also supported developing housing options and was in favor of forming a housing 0 commission, anticipating it would be a good way to get citizen input. `o Councilmember Nelson commended Councilmembers Tibbott and Teitzel and Ms. Hope for their proposal � regarding the formation of a citizen housing commission. He agreed with the proposal to form a housing commission, commenting he liked the proposed map with seven geographic areas. Based on what has happened in the past he wanted assurance this Council commission would be different and suggested W doubling or tripling the number of members to ensure there was enough input and representation. o Council President Fraley-Monillas asked whether the Council should determine the policy framework first o to provide a field for the commission to work in, recalling a concern regarding the last two groups was that Q the public did not have enough input. She agreed with Councilmember Nelson's suggestion to involve more -- people from each of the seven areas as well as to hold open houses in those areas. Unless open houses are held, only the members of the commission are making decisions. She preferred the majority of work be completed in 2019. N 0 Councilmember Buckshnis referred to questions 1 and 2, explaining both options were docketed last year via Council resolution, 1) the existing language regarding developing a 2019 strategy is deleted in its entirety and, 2) develop a strategy by a certain date. She agreed with forming a housing commission but disagreed the work could be completed in 2019 as it will take time to form the commission, inform them, etc. She agreed with Councilmember Nelson that there should be at least two people from each geographic area although she recognized it was difficult to work with a large commission. �j Councilmember Nelson observed there is consensus on the Council to form a housing commission. Q Councilmember Tibbott said if the Council agrees a commission should be formed, the question is how to form it. The current proposal was intended to be a starting point and he was agreeable to considering two E appointees per Councilmember. Another option is to have other facilitated meetings in addition to 0 commission meetings. For example, open houses and other facilitated events that would hopefully involve a input from hundreds of people, online opportunities as well as other ways to participate. He suggested Council give direction to staff to write an RFQ for a facilitator for commission meetings and other events to maximize the input and to envision housing in Edmonds in the future. He agreed it may be difficult to complete the first phase, housing options, in 2019 but it can be done. He agreed with Councilmember Mesaros' suggestion to allow the commission to determine the date. Edmonds City Council Approved Minutes February 19, 2019 Page 13 Packet Pg. 330 3.2.b Councilmember Teitzel offered to draft an ordinance for further Council discussion that reflects the proposed elements for the commission (on page 147 of the packet) and expanding the number of members to two citizens for each zone. He noted it will take time to publicize the commission openings, review applications, make appointments, etc. Council President Fraley-Monillas asked whether staff had the capacity to facilitate this process. Ms. Hope said her department has some capacity but it is not unlimited. It would be useful to have a consultant to do public engagement and facilitate meetings; staff can provide information, background, what other cities are doing, state requirements, etc. and work with the consultant. Council President Fraley-Monillas asked the cost for a consultant. Ms. Hope said it would depend on how many meetings; $35,000+ but it could be less if there were only 10 meetings. Staff could provide estimate once more information is available. Council President Fraley-Monillas referred to question 3 and suggested it be reworded to, "Should a citizen Housing Commission be established to work with Staff in developing affordable housing options recommendations to bring before Council?" She wanted to ensure the housing commission considered other housing options to include senior, disabled and veteran housing. Councilmember Buckshnis advised funding for a consultant was available via the $93,000 that was moved into the Council's 2019 contingency budget. She suggested the Council discuss whether members should serve on only one City board/commission, voicing her preference that members not be on other boards/commissions. Councilmember Tibbott said Councilmember Buckshnis' suggestion was one of the bullet points regarding the commission. There appears to be agreement among Councilmembers that the zones are a good idea, but he suggested the Council provide input on the housing commission selection criteria. Councilmember Nelson referred to the candidate attributes: number of years living in Edmonds, knowledge of housing issues in Puget Sound region, demonstrated ability to collaborate with others, experience on other boards/commission/committees, rent or own home, occupational status/background, why are you seeking this appointment, and references, relaying that was asking a lot of members that is not asked of other boards/commissions. He suggested broadening the attributes as they are too specific and limiting. Councilmember Mesaros suggested each Councilmember send an email to Councilmembers Tibbott and Teitzel articulating the candidate attributes they like/do not like and Councilmembers Tibbott and Teitzel can return with a recommendation for Council discussion. Council President Fraley-Monillas commented there may also be additional attributes. She agreed this was asking for a lot of information, more than was asked of Council candidates. Councilmember Tibbott suggested Councilmembers also email their thoughts about what should be included in an RFQ for a public engagement/facilitator consultant. Q c m Councilmember Teitzel advised of the intent to notify all citizens of the formation of this commission, E likely a postcard mailer to all Edmonds residents. 10. MAYOR'S COMMENTS Q Mayor Earling announced the Economic Alliance of Snohomish County is sponsoring an economic forecast session tomorrow at 7:30 a.m. at the Lynnwood Conference Center. He has attended last 3-4 years and found it very valuable. Edmonds City Council Approved Minutes February 19, 2019 Page 14 Packet Pg. 331 3.2.c an idea of what they want to see and they will design a pole that works for that. For example, the wood replacement pole in option 1 does not exist now but can be designed and manufactured. He summarized it is a complex ordnance and needs to be adopted by April 2' to have any validity. He was not happy to put the Council in this position but it is the FCC's order. He wanted to put the City in a position to actually regulate small cell instead of allowing small cell to regulate itself. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER MESAROS, TO ACCEPT STAFF RECOMMENDATION AS OUTLINED ON THIS PAGE (SMALL CELL FACILITY OPTIONS) FOR THE AESTHETIC ELEMENT IN THE CURRENT ORDINANCE. Council President Fraley-Monillas asked for clarification. Councilmember Buckshnis said there are so many unknowns but she wanted the best aesthetics for the City and felt the order on the Small Cell Facility Option page was better than the Planning Board's recommendation. MOTION CARRIED UNANIMOUSLY. COUNCILMEMBER MESAROS MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, THAT FOR FREE STANDING SINGLE CELL TOWERS WHICH MAY HAVE MULTIPLE ANTENNAS (FREESTANDING MEANS DO NOT HAVE STREET LIGHTS AND ARE NOT UTILITY POLES) BE LIMITED IN HEIGHT FROM 20 TO 25 FEET UNTIL MORE SPECIFIC INFORMATION IS AVAILABLE ABOUT MULTIPLE TOWERS. MOTION CARRIED UNANIMOUSLY. COUNCIL PRESIDENT FRALEY-MONILLAS MOVED TO INCLUDE IN THE ORDINANCE THAT PROVIDERS LOOK AT USING PRIVATE PROPERTY AND IF THAT IS NOT WORKABLE, GO TO PUBLIC RIGHT-OF-WAY. MOTION DIED FOR LACK OF A SECOND. 2. AFFORDABLE HOUSING: ESTABLISHMENT OF A CITIZENS' HOUSING Councilmember Teitzel asked whether the formation of a Citizens Housing Commission should be done via ordinance or resolution, noting the intent is for a temporary commission that has a sunset date. It was drafted as a resolution but he was open to an ordinance if that was preferable. Development Services Director Shane Hope said either an ordinance or resolution was workable given that it is intended to be a short term commission. The advantage of an ordinance is it is codified; the advantage of a resolution is it provides more flexibility. Councilmember Teitzel asked if there was any legal reason for an ordinance to establish the commission. Mr. Taraday did not think so; it has been the City's norm, but this could be distinguished on the basis of it being temporary. Councilmember Teitzel read the following statement: "Council has heard significant input from our constituents over the past year —in town halls, workshops, public hearings, task force working sessions and via e mail and telephone calls —that the process for establishing an expanded array of housing options should include direct public input from across Edmonds. Our citizens have demanded to be directly involved in city decisions regarding how best to reasonably accommodate expected growth while preserving the charm and character of Edmonds. Three recurring themes have been clearly heard: 1) a Citizens' Housing Commission should be formed via an application process to allow interested citizens an opportunity to participate, 2) enough time should be allowed for the Commission to thoughtfully work through the process of developing housing policy recommendations for Council to consider (completing this process by the end of 2019 is not viewed as attainable) and 3) the Commission should consist of resident representatives from across Edmonds and that residents of the Edmonds Bowl should not be over -represented. Edmonds City Council Approved Minutes March 19, 2019 Page 21 Packet Pg. 332 3.2.c On February 19, Council considered a proposed process to establish a Citizens' Housing Commission to address these three themes. Based on input from Council on February 19, subsequent individual input from Councilmembers and additional input from citizens, the process to establish the Commission has been further refined for discussion and action this evening. Tonight, we have the opportunity to demonstrate we have incorporated public input concerning this issue in a meaningful way as we consider finalizing the process for establishing the new Citizens' Housing Commission. We have several things to accomplish this evening: First, we need to reach agreement on the elements of the resolution that will define the process for establishment of the Commission. These elements are shown at page 727 of our Council packet, and reflect Council input from the February 19 Council meeting. For instance, instead of one Commissioner being selected from each of the seven identified Edmonds zones, that number has been increased to two. Once Council votes to approve these elements, they will be forwarded to our city attorney to draft a resolution for final Council approval. Second, we need to reach agreement on the questions to be asked Commission applicants. Five of the application questions are standard questions asked of applicants for any Edmonds Commission, and two additional questions have been added that relate specifically to the Housing Commission. Based on Council input in the February 19 meeting, the additional questions initially proposed were pared back to these two. Third, Council should reach agreement regarding issuing a post card mailer to all Edmonds households to alert them to the Citizens' Housing Commission application process and deadlines. This process is intended to ensure all Edmonds citizens are made aware of the opportunity to apply for this important role. The cost of this mailer is anticipated to be less than $10,000 and will be paid from available Council contingency funds. Finally, Council should reach agreement to investigate retaining the services of a community engagement and process facilitator to assist the Commission with ensuring the community is kept fully apprised of the Commission's progress, with providing ample opportunity for direct public input, facilitating public open houses about this issue and to guide the Commission's efforts around development of housing policy options for Council consideration. With Council approval, requests for bids by interested and qualified parties will be issued. With that background, I ask the Council to take action on each of these items in order, beginning with the first item: discussion and finalization of the elements of the Citizens' Housing Commission resolution." Council President Fraley-Monillas said she had a number of revisions. First, she requested "affordable housing" be removed from the title as the intent was all housing to include low income housing, veterans housing, disabled housing, and at -market housing. Councilmember Teitzel said the intent of the commission was to focus on housing options across the spectrum in Edmonds and he preferred not to get into specifics in the title and simply call it the Citizens Housing Commission. Councilmember Buckshnis was satisfied with the document, felt a Citizens Housing Commission was needed, and people are motivated. She liked the mission statement which does not even mention affordable housing, she was satisfied with the objectives, with adding the two questions to the application (how long have you lived in Edmonds and do you rent or own your home), agreed with doing a postcard, and suggested wait until the commission is established and gelled before determining whether a facilitator is needed. COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCILMEMBER MESAROS, TO EXTEND THE MEETING UNTIL 10:30 P.M. MOTION CARRIED UNANIMOUSLY. Councilmember Mesaros referred to the suggestion during Audience Comments to appoint alternates and suggested having one alternate for each zone to replace a commissioner unable to attend a meeting. Most commissions with alternates expect them to attend meetings so they are up-to-date on discussions. He Edmonds City Council Approved Minutes March 19, 2019 Page 22 Packet Pg. 333 3.2.c suggested each Councilmember appoint two members and one alternate from their zone The Mayor would appoint one member and an alternate. Council President Fraley-Monillas identified several amendments: • Remove "affordable housing" from the title • First paragraph, "Increase the supply of a€€ord-abl-housing to meet a diverse housing need • Bullet 4, rather than state the commission will meet the third Thursday of each month, state the commission will meet once per month and leave the meeting date up to the commission • Add "are you a landlord in Edmonds" to the information requested from applicants Council President Fraley-Monillas suggested public outreach sessions be held in each zone. She asked the cost of sending a postcard and for a facilitator. Development Services Director Shane Hope said the cost of sending a postcard to every address in the City is about $10,000. The cost of a facilitator depends on how much work they do, the community engagement process, etc. so it could range from $30,000 to $100,000. Councilmember Tibbott said theoretically an RFQ for a facilitator could attract someone from Edmonds who might choose to volunteer their time and the cost would be their expenses for conducting meetings. Ms. Hope assumed the Council was interested in a facilitator as well as a community engagement specialist who would work on web information and a variety of technical things in addition to setting up meetings, coordinating with staff on data collection, public outreach, etc. Councilmember Tibbott asked if there could be a separate facilitator and a public engagement person. Ms. Hope answered yes, they could be separate although they would need to coordinate. Councilmember Tibbott anticipated the public engagement process could be much shorter than the duration of the commission. He recommended separating those two roles and having a facilitator from the beginning to assist with formulating a work plan. He agreed with appointing alternates and recommended they receive meeting materials but not be seated at the table with commissioners. With regard to meeting on the third Thursday, it was Councilmember Tibbott's understanding City meeting rooms are full most nights and space was available on the third Thursday. Ms. Hope suggested the meeting date did not need to be included in the resolution but the notification could state the third Thursday would be the likely meeting date. Councilmember Tibbott asked who would assign Councilmembers to zones. Council President Fraley-Monillas said she will make those assignments. Councilmember Nelson was interested in having someone help with community engagement but did not see a facilitator as a value -add, commenting the commissioners will be able to proceed with Council direction. With regard to appointing alternates, he was skeptical about having 21 people at every meeting and suggested having a couple of alternates at large who can fill in as needed. Councilmember Mesaros commented on the importance of having a facilitator. He recalled during the merger of the two 911 boards, they tried to do it without a facilitator. Multiple meetings were held where there was a lot of discussion but they were unable to reach resolution. Once a facilitator was hired, the group was able to make decisions. A facilitator need not offer recommendations but helps the group move forward. The Snohomish County 911 Board has 15 members and 30 alternates (1st and 2nd alternates). The alternates sit on the outside and do not participate in discussion unless called upon. Only the board members participate in the meeting but having the alternates present allows them to step in if a board member is absent. He envisioned a commission with 15 members and alternates could function well. Councilmember Buckshnis agreed with Councilmember Mesaros about alternates, noting the Salmon Recovery Council has several alternates. She recalled the first EDC had 21-22 members. She asked whether Ms. Hope could be the facilitator. Ms. Hope envision her role would be to show what information is Edmonds City Council Approved Minutes March 19, 2019 Page 23 Packet Pg. 334 3.2.c available, make presentations about GMA, etc. Councilmember Buckshnis asked if Ms. Hope thought the commission should have a facilitator. Ms. Hope answered yes, explaining she can provide expertise but it would be helpful to have a facilitator to run the meeting, keep them on track, etc. She recommended having a facilitator from the beginning. Councilmember Buckshnis agreed. Council President Fraley-Monillas agreed with having a professional facilitator who does not have any connection to Edmonds, noting after the last two groups, there was a lack of trust in the process. She suggested perhaps having a public hearing so all citizens have an opportunity for input into the process. Councilmember Teitzel summarized the changes the Council requested: • First three bullets remain unchanged • 4' bullet: "Commission will meet at least once per month at a time and day agreeable to the Commission" • 5t' bullet: "The Commission shall host public outreach session (open houses, town halls, etc.) once per quarter to provide updates on its process on developing housing policy options and recommendations. The Commission will define locations in Edmonds for these meeting, focusing on moving to various locations." 9t' bullet: The Commission will consist of 15 voting members and each Councilmember will select two appointees and one alternate per zone and the Mayor will select one appointee and one alternate. The Mayor's selection will be from the remaining pool of applicants after Councilmembers have made their decisions. Ex-officio members may be added at Council's discretion." COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCILMEMBER TIBBOTT, TO SEND THE RESOLUTION AS REVISED TO MR. TARADAY TO DEVELOP INTO A RESOLUTION TO BRING BACK TO THE COUNCIL. COUNCIL PRESIDENT FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER TEITZEL, TO ADD TO THE COMMISSION APPLICATION, A QUESTION "ARE YOU A LANDLORD IN EDMONDS?" MOTION CARRIED UNANIMOUSLY. COUNCIL PRESIDENT FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER TIBBOTT, TO REMOVE THE WORDS "AFFORDABLE HOUSING" FROM THE TITLE AND ANY PLACE ELSE IN THE DOCUMENT AND REPLACE IT WITH "DIVERSE HOUSING" WHICH COULD BE INTERPRETED FROM MARKET RATE TO VETERAN OR LOW INCOME HOUSING. MOTION CARRIED UNANIMOUSLY. COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, THAT THE COUNCIL DIRECT STAFF TO ISSUE AN RFP FOR A FACILITATOR FOR THE CITIZENS HOUSING COMMISSION. MOTION CARRIED (5-1), COUNCILMEMBER NELSON VOTING NO. Councilmember Teitzel asked if the intent was a separate facilitator and person to focus on community engagement. Councilmember Mesaros recognized both skill sets were needed and suggested not deciding now whether that that was one person or two. COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO APPROVE DEVELOPMENT OF A POSTCARD MAILER PAID FOR WITH COUNCIL CONTINGENCY FUNDS TO APPRISE ALL EDMONDS CITIZENS OF THE AVAILABILITY OF THE APPLICATION PROCESS FOR THE CITIZENS HOUSING COMMISSION. MOTION CARRIED UNANIMOUSLY. Edmonds City Council Approved Minutes March 19, 2019 Page 24 Packet Pg. 335 3.2.c Council President Fraley-Monillas asked about having a public hearing on the document. Councilmember Teitzel said he has attended a number of meetings over the past year and a half and has heard a lot of public input, received a lot of phone calls and emails, heard public testimony during Council meetings, etc. It is time to move ahead and he was uncertain a public hearing was necessary at this point. UQlei IW4111UM01101DIDo49DI01:71R 1. COUNCIL COMMITTEE REPORTS AND MINUTES This item was postponed to beginning of Council agenda next week. 10. MAYOR'S COMMENTS Mayor Earling reported he attended the Lynnwood City Council meeting last night along with most of the entities working on the purchase of the Rodeo Inn property including Verdant and Edmonds School District. Lynnwood is doing a series of inspections on the property and hope to reach a conclusion in the next few weeks. The group is committed to moving ahead provided the property reports are satisfactory. 11. COUNCIL COMMENTS Councilmember Buckshnis reappointed Nichol Hughes to the Economic Development Commission. She reminded of the public event, meeting at Holy Rosary, on Saturday at 10 a.m. to plant 150 native plants along Shell Creek with the Tree Board and Students Saving Salmon. Councilmember Mesaros reappointed Kevin Harris to the Economic Development Commission. Council President Fraley-Monillas thanked the City Council for reading their packets and for asking questions of staff in advance. COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCILMEMBER MESAROS, TO EXTEND THE MEETING UNTIL 10:35 P.M. MOTION CARRIED UNANIMOUSLY. Councilmember Nelson announced he will be submitting a budget request next week for additional police overtime up to $50,000 for targeted traffic enforcement along Hwy 99 and other pedestrian vulnerable areas for the next 6 months to prevent further loss of life and injury. He believed the City needed to move urgently on this issue. The City's 2018 Transportation Safety Plan lists engineering, education and enforcement actions needed to reach the goal of providing a safer transportation system. That plan reviews collision data from 2012-2016; over half the collisions have occurred on Hwy 99. In the section of Hwy 99 in Edmonds, there are four times more crashes than the average arterial roadway in the State of Washington. Of these crashes, eight involved pedestrians, four were jaywalkers and four were drivers failing to yield to pedestrians in crosswalks at intersections. Citywide, 40% of all collisions involve pedestrians; 60% occur during the daytime, 68% occur during clear days with dry conditions and 90% involve non -impaired driver or pedestrian. Since 2017 on Hwy 99, 12 pedestrians have been hit and 2 have been killed. Engineering is only one measure to improve traffic safety. He understood there were projects planned for Hwy 99 but enforcement was something that could be done now. Councilmember Teitzel reappointed Jamie Reece to the Economic Development Commission and thanked him for his continued service. Councilmember Teitzel reported on the Booker T Jones performance at the Edmonds Center for the Arts. He recognized the ECA staff and the over 125 volunteers who contribute their time at events. Edmonds City Council Approved Minutes March 19, 2019 Page 25 Packet Pg. 336 3.2.d Finance Director Scott James reviewed: • $372,559 were Previously Discussed by Council • $455,484 are New Items for Council to Consider expenditures • $294,905 in net new revenues • Overall Fund Balance Reduced by $533,138 • 19 Decision Packages Total $828,043 in New Expenditures 1. Judge Salary Increase: $7,530 2. End of Mill Creek DV Coordinator Interlocal: $9,414 3. Police Department Equipment Grants & Reimbursements 4. Building Department Professional Services — $75,000 (self -funded) 5. CTR Incentive Program: $4,250 6. Increase to Assisted Living/Long Term Care Fund: $22,650 7. Snow Storm Recovery: $17,500 (Street Division) 8. 76th Ave/212th Intersection Improvements: $197,650 9. 238th Island and ADA Curb Ramps: $54,370 10. Haines Wharf & Don Feine Memorial Benches: $2,865 11. Snow Storm Recovery: $23,000 (Storm Division) 12. Replace Unit #183-POL 2010 Toyota Prius: $19,000 13. Edmonds Community College Gym rentals for Adult Volleyball program: $3,865 (Carryforward) 14. Fire Panel Replacement: $108,000 (Carryforward) 15. 89th PI Retaining Wall: $7,600 16. Brackett's Landing North Benches: $13,094 17. Water Meter Reader Handheld Upgrade: $15,000 18. Water Division Billing and Meter Analysis: $15,000 19. Three Ford Police Utility Vehicles: $248,000 Council President Fraley-Monillas clarified the Police Department utility vehicles was budgeted in 2018 but was not spent so it was being carried forward. Mr. James agreed. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER TIBBOTT MOVED TO APPROVE ORDINANCE NO. 4148, AMENDING THE 2019 BUDGET. MOTION CARRIED UNANIMOUSLY. 3. COUNCIL HOUSING COMMISSION RESOLUTION Councilmember Teitzel referred to the detailed agenda memo in the packet and read a summary into the record: In 2017 the City of Edmonds began the process of developing a housing strategy geared to expanding the range of housing options for current and future residents. Since that time, there have been 29 public touchpoints regarding this issue including open houses, task force meetings, Planning Board meetings, advisory committee meetings, town hall and City Council meetings. As this process has progressed, Council has clearly heard citizens' desire for significantly more direct public input into the process of developing policies around expanded housing options in Edmonds. The Council is acting on that input. On February 9, 2019, the Council heard citizen testimony about housing policy, discussed next steps toward enhancing public input into the development of diverse housing option and determined a citizens' housing commission should be established. On March 19, 2019, the Council heard additional citizen testimony abut the proposed housing commission process, further refined details around formation of the citizens housing commission and directed the City Attorney to draft a resolution to create the commission. Edmonds City Council Approved Minutes April 16, 2019 Page 10 Packet Pg. 337 3.2.d The Council has clearly heard three primary themes and feedback received from citizens: a process should be established to enable citizens to apply to serve on the housing commission rather than establishing a commission by appointment. Sufficient time should be provided to enable the commission, council and staff to work together to develop a range of housing policy recommendations that serve Edmonds' best long term interests. The commission should consist of balanced representation from throughout Edmonds. The proposed resolution addresses each of themes and is the product of significant public input and reflects direct input and suggestion by each Councilmember. Approval of the proposed resolution will enable the application process to proceed, allow identification of a range of commissioners, and enable the commission to be seated by early summer so it can begin its important work on the City' behalf. Establishment of the citizens housing commission will enable direct and diverse input by citizens from across Edmonds and will help drive toward a range of housing policy options that all can be proud of. COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO APPROVE RESOLUTION NO. 1427, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, ESTABLISHING THE CITIZENS' HOUSING COMMISSION. COUNCILMEMBER NELSON MOVED, SECONDED BY COUNCIL PRESIDENT FRALEY- MONILLAS, TO AMEND SECTION LB BY REMOVING THE LAST SENTENCE, "EX OFFICIO MEMBERS MAY BE ADDED AT THE COUNCIL'S DISCRETION." Councilmember Teitzel commented other commissions/boards have ex officio members. An argument could be made to keep that sentence but he did not feel strongly about it. Councilmember Buckshnis supported removing that sentence, recognizing the public has an opportunity to speak at board and commission meetings. Councilmember Nelson said his primary concern was he wanted this to be citizen -driven commission and he feared other members could provide undue influence. In light of the history of this process, it was best not to have ex officio members. AMENDMENT CARRIED UNANIMOUSLY. MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY. Council President Fraley-Monillas commented there are some wrap up items to be discussed such as the notification of citizens about applying for the commission and assigning Councilmembers to areas on the map as most Councilmembers lives in one of the areas. 4. OPTION FOR ADDRESSING NONCONFORMANCE IN LIMITED MANNER Environmental Program Manager Kernen Lien reviewed: • Nonconforming Building o ECDC 17.40.020.A A nonconforming building is one which once met bulk zoning standards and the site development standards applicable to its construction, but which no longer conforms to such standards due to the enactment or amendment of the zoning ordinance of the city of Edmonds or the application of such ordinance in the case of a structure annexed to the city. • Restoration o ECDC 17.40.020.F If a nonconforming building or structure is destroyed or is damaged in an amount equal to 75 percent or more of its replacement cost at the time of destruction, said building shall not be Edmonds City Council Approved Minutes April 16, 2019 Page 11 Packet Pg. 338 3.3 City Council Agenda Item Meeting Date: 05/14/2019 Safety & Disaster Coordinator position Staff Lead: Mary Ann Hardie Department: Human Resources Preparer: MaryAnn Hardie Background/History The full-time, Safety & Disaster Coordinator position was approved in the 2019 budget with a pay grade and range of NR7 ($63,256 - $84,767) per year. This position is a combination of both Safety Coordinator duties (75%) and Disaster Coordinator duties (25%) and has a critical role in both employee and public safety. Following the approval of the new job description at the 1/15/19 Council meeting, the position was first posted. Staff Recommendation Forward to Council for review/approval at the 5/21/19 meeting. Narrative The full-time, Safety & Disaster Coordinator position was approved in the 2019 budget. The position was first posted following the approval of the new job description at the 1/15/19 Council meeting. The position was "open [to applicants to apply] until filled" with a first review of applications on 2/13/19. There was a well -qualified, top candidate from the interview process, who declined to proceed further with the selection process based on the salary range. The position was then reposted shortly following this, and currently remains "open until filled." There were 2 more candidates who were interviewed on 3/22/19, but who did not have the scope of experience for both the safety and emergency management job duties. One candidate was interviewed on 4/17/19 and following the interview, became the top candidate. The candidate was then contacted about proceeding further with the selection process but stated that they would not be able to move forward based on the salary range. Based on a review of the comparator cities, many cities have a Safety Coordinator and/or an Emergency Manager position. Lacey and Tacoma both have combined Safety & Emergency Manager positions. While the wages for the Emergency Manager or Safety Coordinator (stand-alone) positions at the comparator cities are in some cases more in line with Edmonds' comparators, this position's scope of work at Edmonds is more in alignment with Safety Manager and Emergency Preparedness Manager positions. Based on the scope of duties (including the level of skills/experience, effort and responsibilities) for both the safety and disaster coordinator duties of this position, it is recommended that the pay range be increased to NR 9 ($69,738 - $93,456) or NR 10 ($73,225 - $98,129) plus benefits in order to maintain an Packet Pg. 339 3.3 appropriate, competitive level of pay for the position's level of duties, responsibilities and scope of work. This position will have a critical risk management and compliance role in managing the safety and disaster programs for the City that comes with an extensive level of training, practical experience and skill (in the field of work) order to be successful in this position. This also requires a competitive level of pay based on such experience. The recommended increase to the pay range, including benefits, would be, at most, an approximate additional $25,151-$31,693 per year (at the stop step), going forward. As this position has been unfilled, there are salary savings for the first 5 months of the year that would be used to pay for this increase to the budget for this year to fill this position (so there would be no additional cost to the budget to fill this position this year). The job description for the position is attached. Attachments: Safety & Disaster Coordinator 2019 Packet Pg. 340 3.3.a City of EDMONDS Washington SAFETY & DISASTER COORDINATOR Department: Human Resources Salary Range 7 Bargaining Unit: Non Represented FLSA Status: Exempt Revised Date: January 2019 Reports To: Human Resources POSITION PURPOSE: Under general supervision, serves as an internal safety and disaster program(s) coordinator, administering a comprehensive employee occupational safety, health and training program and serving in the role and performing the duties of the organization's Disaster Coordinator to comply with applicable Federal and State laws and regulations. This is a full-time position (.75 safety and .25 disaster coordinator duties). Approximately 30 hours per week will be spent on City-wide safety duties and 10 hours per week will be spent focusing on disaster coordinator duties. ESSENTIAL FUNCTIONS AND RESPONSIBILITIES: The following duties ARE NOT intended to serve as a comprehensive list of all duties performed by all employees in this classification, only a representative summary of the primary duties and responsibilities. Incumbent(s) may not be required to perform all duties listed and may be required to perform additional, position -specific duties. • Responsible to plan, develop, administer and implement provisions of the employee occupational safety, health and training program for field personnel and City staff. • Conducts research, makes recommendations and prepares City policy and procedures to implement provisions of WISHA/OSHA/WAC and other regulations related to occupational safety and health; develop and maintain safety policy and procedures manual (Accident Prevention Program). • May coordinate (as directed) the administration of the City's Worker's compensation program including: monitoring and managing the claims process for the City's early return to work program; coordinating employee leaves related to worker's compensation, working with injured employees, mangers, supervisors and/or L & I claims, and processing of sick leave buy backs; completing the OSHA 300 log and summary; creating other reports regarding accident trends and costs, maintaining records in compliance with OSHA/WISHA/WAC standards. • Utilizes knowledge of regulations to makes recommendations and decisions regarding safe work practices and the purchase and use of safety equipment. • Provides guidance, assistance and technical expertise to managers, supervisors and employees regarding mandatory requirements and safety procedures; makes recommendations on program related equipment supplies and costs; recommends or directs corrective measures to ensure employee safety and compliance. May provide on -the -spot corrective materials, communicates and disseminates information, and implements action to resolve related problems. • Conducts field inspections as needed; investigates or provides for investigations of accidents, reviews accident causes and implements and/or recommends preventive measure to prevent future occurrences; provides advisement and insight on City safety related issues as needed/requested. • Develops, organizes and provides mandatory safety training in compliance with regulations; evaluates training effectiveness. Assists in the selection and hiring process for consultants to present outside safety - related training; manages, leads and oversees internal employee training instructors and teams; trains and provides support to employee instructors. Safety & Disaster Coordinator Packet Pg. 341 3.3.a Safety & Disaster Coordinator • Maintains all records required by law, including Safety Data Sheets (SDS), training, inoculations and health testing. • Leads and/or participates as a member of the City Safety Committee and other related assigned safety committees. May attend department safety committee meetings from time to time to discuss specific safety related topics, hazard communication and/or trends. • Coordinates and conducts Emergency Operations Center (EOC) training and exercises for City of Edmonds employees and departments. o Responsible for ensuring that the appropriate staff will receive training in specific emergency management skills and professional development through available resources. o With assistance from SnoCo DEM, the Police Department and the Fire District, responsible for coordinating and implementing drills and exercises for City employees and for the development and maintenance of the Comprehensive Emergency Management Plan (CEMP). o Responsible for ensuring that drills and exercises are conducted on an ongoing and annual basis to evaluate the effectiveness of the CEMP and to determine future related training needs, the effectiveness of the City's management programs and the employees' level of training. o Manages City EOC assuring facility is well equipped for activation. • In response to a disaster or emergency event: o Coordinate Proclamation of Local Emergency with the Office of the Mayor and SnoCo DEM. o Provide policy recommendations to the Mayor during times of emergency or disaster or in anticipation of large scale emergencies. o Request outside assistance (other than mutual aid) through SnoCO DEM Emergency Coordination Center or duty officer. o Coordinate dissemination of emergency warning information through available city resources and SnoCo DEM; coordinate mitigation and preparedness activities as appropriate. o May be designated and provided authorization to impress the services and equipment of residents as necessary in response to a disaster and provided authorization to contract with any person, firm, corporation or entity to provide construction work on an agreed upon cost basis during emergency or disaster operations. o Submit complete disaster assistance paperwork to SnoCo DEM for submittal to appropriate county, state and federal agencies. o Coordinate with the Emergency Operations Board to ensure that emergency preparedness activities in response to emergencies and disasters and the coordination of the recovery from emergencies and disasters are effectively carried out within the City of Edmonds. • Coordinate the development and maintenance of the city's Comprehensive Emergency Management Plan (CEMP). • Represents the City at SnoCo DEM Advisory Board and SnoCo DEM Training and Exercise Work Group meetings. • Serves as Chair of the Emergency Management Committee that provides staff support, direction and expertise in the development of the CEMP and supporting documents; participate in any related subcommittees as appropriate. • Develops appropriate budget proposals and recommendations regarding funding decisions to provide resources that may be needed to develop, implement and maintain an effective emergency preparedness and management program. • Serves as the liaison for community organizations as needed to increase awareness of emergency preparedness and response plans. • Punctual, regular and reliable attendance is essential for successful job performance. • May perform other related duties as assigned. Required Knowledge of: • Extensive knowledge of local, Federal and State laws and regulations governing occupational safety and health, specifically but not limited to the Washington Industrial Safety & Health Act (WISHA) and the Occupational Safety & Health Act (OSHA) and state industrial insurance and self-insurance as related to workers compensation. • Basic functions, procedures and policies of the Police and Fire Departments. • Principles and practices of emergency management plans and programs. • Coordinating activities of an Emergency Operations Center (EOC), as well as EOC, Comprehensive Emergency Management Plan (CEMP) and Disaster Coordinator processes and procedures. Safety & Disaster Coordinator Jwingry Packet Pg. 342 3.3.a Safety & Disaster Coordinator • Incident Command (ICS) and National Incident Management Systems (NIMS) protocols. • Local community resources and community services programs. • Safety measures related to the EOC and EOC processes. • Workers compensation claims management. • Training practices and procedures. • Record keeping and reporting requirements and procedures. • Principles and practices of safety management, industrial hygiene, and storage and disposal of hazardous materials. • Safety & risk management practices for municipal government, including industry standards and best practices. • Principles of analysis of safety reports and systems. • Principles of customer service and public relations. • Research methods and report preparation and presentation. • Advanced mathematical computations and statistical methods adequate to correctly perform work. • Effective oral and written communication principles and practices to include public relations. • Modern office procedures, methods and equipment including computers and computer applications such as: word processing, spreadsheets, and statistical databases. • English usage, spelling, grammar and punctuation. • Principles of business letter writing. Required Skill & Abilities in: • Communicating effectively verbally and in writing with audiences of various levels of technical sophistication • Conducting effective research, analysis and interpretation of complex laws and regulations. • Verbal and written presentation of technical information and detailed instructions. • Administering and maintaining municipal emergency management plans and programs. • Preparing emergency management reports in accordance with regulatory reporting requirements. • Planning and implementing a comprehensive occupational safety and health program. • Clearly explaining and/or providing instruction in the application of complex laws and regulations, work procedures and the use of safety equipment/clothing. • Chairing/conducting and facilitating meetings. • Developing and implementing an EOC and safety -training program to maximize safety of employees and legal compliance. • Developing and presenting effective training curriculum in numerous areas of occupational safety and health. • Working effectively under general supervision, independently, and as a member of a service -oriented team. • Maintaining physical ability to perform demonstrations of safety methods, the use of safety equipment and rescue operations. • Planning and meeting deadlines, working with multiple projects. • Knowledge of proper safety principles related to use of equipment at the City. • Analyzing and interpreting fiscal and accounting reports. • Preparing informative and statistical reports. • Gathering data and verifying information. • Responding to safety related questions and concerns, OSHA and/or L & I inspections, etc. • Interpreting and applying federal, state and local policies, laws and regulations related to safety. • Utilizing personal computer software programs and other relevant software affecting assigned work and in compiling and preparing spreadsheets. Safety &Disaster Coordinator J "PacketPg. 343 3.3.a Safety & Disaster Coordinator • Establishing and maintaining effective working relationships with staff, management, vendors, outside agencies, community groups and the general public. • Maintaining confidentiality as appropriate and communicating with tact and diplomacy. • Perceiving when non -routine activities are required and offering to help without needing to be asked. MINIMUM QUALIFICATIONS: Education and Experience: Two years of college -level course work or equivalent emergency management or public administration AND safety training providing a thorough knowledge of laws, regulations and management of emergency management services, occupational safety, industrial hygiene or related field plus work experience in administration of federal or state mandated safety programs and public relations or communications experience required OR an equivalent combination of education, training and experience. Required Licenses or Certifications: Valid Washington State driver's license or possession of a valid Washington State driver's license within one month of date of hire. Current NIMS training (IS Level 100, 200, 700 and 800 certification) or must obtain these certifications within six months of date of hire. Safety and Health Specialist Certification preferred. Must be able to successfully complete and pass a criminal background check and fingerprinting, as well as periodic ACCESS security training. WORKING CONDITIONS: Environment: • Office and field environment. • Constant interruptions. Physical Abilities • Hearing, speaking or otherwise communicating to exchange information in person or on the phone. • Operating a computer keyboard or other office equipment. • Reading and understanding a variety of materials. • Sitting or otherwise remaining stationary for extended periods of time. • Bending at the waist, reaching above shoulders and horizontally or otherwise positioning oneself to accomplish tasks. Hazards • Potential handling of moderate risk hazardous materials and potential accidental exposure to hazardous chemicals. • Contact with dissatisfied or upset individuals. Incumbent Signature: Date: Department Head: Date: Safety & Disaster Coordinator J Packet Pg. 344 3.4 City Council Agenda Item Meeting Date: 05/14/2019 Job Description Change, Senior Street Maintenance Worker - Cement Finisher Staff Lead: Phil Williams Department: Public Works & Utilities Preparer: Royce Napolitino Background/History Council previously approved the addition of two (2) new FTEs in the 2019 budget to begin addressing missing sidewalk sections and ADA curb ramps in the City. The Council reviewed and approved a job description (JD) for these positions on January 15, 2019. Staff Recommendation Consider this item and advance to the May 21st consent agenda. Narrative At that time the job description was approved, the City and Teamsters Union were already negotiating union approval of it. Final approval by the union was not received until April 03, 2019. The approved job description was then used in an "internal posting" and a successful internal candidate was selected and has now been promoted into one of the two positions. However, we were only able to fill one of these positions from our current Teamster roster. We realized after going through the application process that some of the language in the Job Description may have unnecessarily kept some other Teamsters from applying. We are asking for a modification to the Job Description that should allow additional Teamsters to meet the minimum qualifications should they choose to apply. Once modified, we would again circulate the opening internally for five (5) days as required in the Teamsters' contract. If no Teamsters apply that meet these minimum qualifications we would immediately begin advertising the position to external candidates as well. We are trying to strike the optimum balance between requiring greater specific experience which results in fewer applications meeting minimum qualifications, and somewhat less specific experience requirements that should yield more applicants for the City to choose from. We would appreciate the committee's consideration of advancing this to the consent agenda on May 21't if possible. Attachments: Senior Street Maintenance Worker - Cement Finisher Job Description 05-10-19 Packet Pg. 345 3.4.a City of EDMONDS Washington Senior Street Maintenance Worker- Cement Finisher Department: Public Works — Street/Stormwater Pay Grade: K Bargaining Unit: Teamsters FLSA Status: Non -Exempt Revised Date: January 2019 Reports To: Street/Stormwater Manager POSITION PURPOSE: Under general supervision, performs a variety of journey -level duties in the construction, maintenance and repair of City streets, sidewalks, and signs; operates specialized tools and equipment; can serve as crew leader on projects. ESSENTIAL FUNCTIONS AND RESPONSIBILITIES: The following duties ARE NOT intended to serve as a comprehensive list of all duties performed by all employees in this classification, only a representative summary of the primary duties and responsibilities. Incumbent(s) may not be required to perform all duties listed and may be required to perform additional, position -specific duties. • Install, repair, and maintain sidewalks, curbs, ADA ramps, steps, walls and other concrete construction. Supervises site preparation, setting of forms, mixing and placement of concrete • Performs a variety of duties in the maintenance and repair of city streets, alleys, right-of-ways and sidewalks. • Prepares and utilizes materials used to repair streets and alleys; patches utility pavement cuts, potholes and seal cracks; repairs asphalt surfaces. • Cleans, maintains, repairs, and installs catch basins, manholes and storm drains. • Serves as crew leader on projects as directed, specifically lead other crew members during concrete pouring projects. • Plans and oversees street maintenance projects as directed. • Operates a variety of equipment including snow plows and sanding equipment to remove snow, apply chemicals, salt and/or sand to control ice. • Operates a loader, backhoe, paving equipment, paint machine, hi -lift bucket truck, street sweeper and other specialized equipment, hand and power tools including a mower. • Performs traffic control and flagging duties when needed. • Maintains traffic control markings including: roadway striping, crosswalks, directional arrows and other markings according to state laws and City needs • Lays out new centerlines and crosswalks; installs, maintains and repairs traffic control devices and right- of-way signs and symbols. • Digs holes and trenches manually or with excavating equipment; controls and maintains roadway and intersection vegetation; removes debris during and after weather related storms. • Maintains routine records of work performed including: equipment usage, supplies used, preventive maintenance and needed repairs. • Reports all accidents immediately, or by the end of the day including loss or damage to equipment; responds to emergency situations on a 24-hour basis. Street Maintenance Worker- Cement Finisher Packet Pg. 346 3.4.a JOB DESCRIPTION Senior Street Maintenance Worker- Cement Finisher Required Knowledge of: • Practices, methods, ADA standards, equipment, and materials used in construction activities related to, but not limited to, concrete and masonry placement in the construction of civil improvements • Maintenance and repair procedures, equipment and materials, practices and methods used within the street and drainage maintenance. • Pavement and curb marking techniques and practices. • Operation, use and care of hand and power tools and specialized equipment used in street maintenance operations. • Local topography and geography. • Health and safety standards, practices and procedures. • Available resources including equipment and repair manuals, parts manuals and maps/blueprints. • Applicable laws, codes, regulations, policies and procedures of assigned City systems and activities. • Effective oral and written communication principles and practices. • Basic record keeping techniques and practices. • Modern office procedures, methods and equipment including computers and computer applications sufficient to perform assigned work. • English usage, spelling, grammar and punctuation. Required Skill in: • Performing a variety of maintenance and repair of City streets, sidewalks, structures and systems. • Operating specialized tools and equipment used within the street maintenance trade to perform maintenance and repair. • Performing routine duties to install, maintain, and repair traffic control devices and right-of-way signs and symbols. • Observing health and safety regulations. • Meeting schedules and time lines. • Understanding and working within scope of authority. • Performing heavy physical labor. • Applying applicable federal, state, and local policies, laws and regulations. • Utilizing personal computer software programs and other relevant software affecting assigned work • Establishing and maintaining effective working relationships. • Maintaining required records, logs and files associated with assigned work. • Communicating effectively verbally and in writing. MINIMUM QUALIFICATIONS: Education and Experience: High School Diploma/GED Certificate and either Four years of verifiable journey -level experience in concrete site preparation, form building, concrete placement, and finishing OR Four years of experience in construction and construction equipment operation (to include dump trucks, backhoes, excavators, tractors, vactors, or other equipment of similar scale) used in heavy maintenance and construction work OR An equivalent combination of education, training and experience. Prior leadership and/or supervisory experience is desirable but not required Street Maintenance Worker- Cement Finisher Jqnimry Packet Pg. 347 3.4.a JOB DESCRIPTION Senior Street Maintenance Worker- Cement Finisher Required Licenses or Certifications: Valid Driver's license required at time of hire. State of Washington Driver's License required within 30 days of hire date. Class A CDL with air brake and tanker endorsements within one year of date of hire. Valid Flagging Certification. Valid CPR, First Aid, AED and Bloodborne Pathogens Cards. Other specialty certifications/licenses as required by state and federal law and/or OSHA and WAC regulations may be required within a specified period of time after hire. Must be able to successfully complete and pass background check. This position is subject to drug and alcohol testing in accordance with DOT requirements. WORKING CONDITIONS: Environment: • Indoor and outdoor work environment. • Driving a vehicle to conduct work. Physical Abilities: • Walking or otherwise moving over rough terrain. • Sitting, standing or otherwise remaining in a stationary position for extended periods of time. • Hearing, speaking or otherwise communicating to exchange information in person or on the phone. • Operating various equipment and tools. • Reaching overhead, above the shoulders and horizontally, bending at the waist, gripping, kneeling or crouching, stooping, crouching, reaching, pushing, pulling and twisting or otherwise positioning oneself to accomplish tasks. • Ascending/descending, ladders and inclines. • Working at heights, working on a high ladder and working in a confined space. • Working in a noisy work area, working in direct sunlight, working in outside temperature extremes and working in dampness. • Heavy physical labor, including lifting/carrying or otherwise moving or transporting 50-100 pounds. • Operating a passenger vehicle, heavy truck, and heavy equipment and rotating machinery. • Reading and understanding printed and electronic messages and related materials. • Hearing voice conversation and hearing alarms. • Possessing close vision, far vision, side vision, depth perception, night vision and color vision. • Ability to wear appropriate personal protective equipment based on required City Policy. Hazards: • Working around and with machinery having moving parts. • Working in and around moving traffic. • Adverse weather conditions. • Exposure to smoke, noxious odors, toxic fumes and chemicals, epoxy chemicals, poison oak or ivy, dust or pollen, insect stings, solvents, oil and ink. Incumbent Signature: Department Head: Date: Date: Street Maintenance Worker- Cement Finisher January Packet Pg. 348