Ordinance 4229ORDINANCE NO. 4229
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, CREATING A THE EDMONDS
RESCUE PLAN FUND AND SETTING OUT ITS
INTENDED USES
WHEREAS, our city and region continue to experience a public health and economic
emergency due to the COVID-19 pandemic, which has led to sudden job losses, lower
paychecks, and increased household costs to deal with COVID-19 impacts for many residents, as
well as business/revenue losses for many local businesses; and
WHEREAS, Governor Inslee declared a state of emergency due to the COVID-19 crisis
on February 29, 2020; and
WHEREAS, the Mayor declared an emergency of the city due to the COVID-19 crisis on
March 5, 2020; and
WHEREAS, the state of emergency continues to this day even though the availability of
vaccinations has curbed the health impacts of the pandemic; and
WHEREAS, the Edmonds City Council previously adopted Ordinances 4189, 4195, and
4196 to allocate federal CARES Act funding; and
WHEREAS, the context surrounding the adoption of this ordinance is still similar to the
context that lead to the adoption of Ordinances 4189, 4195, and 4196, resulting in similar
legislative findings, not all of which will be repeated or updated here; and
WHEREAS, the American Rescue Plan Act of 2021 (ARPA) was signed into law on
March 11, 2021; and
WHEREAS, ARPA provides additional relief to address the continued impacts of
COVID-19 on the economy, public health, state and local governments, individuals, and
businesses; and
WHEREAS, ARPA Sec. 9901 provides funding to states and local governments to
mitigate the fiscal effects stemming from the COVID-19 public health emergency; and
WHEREAS, states and local governments shall use the funds to cover costs incurred by
December 31, 2024, to
• respond to the COVID-19 emergency or its negative economic impacts, including
assistance to households, small businesses, and nonprofits or aid to impacted industries
such as tourism, travel, and hospitality;
• provide premium pay to essential workers or provide grants to employers of essential
workers during the COVID-19 emergency;
provide government services to the extent of the reduction in revenue of such state,
territory, or tribal government due to the COVID-19 emergency; or
make necessary investments in water, sewer, or broadband infrastructure; and
WHEREAS, Sec. 9901 prohibits (1) the use of funds to reduce or delay the imposition of
a tax or tax increase, or (2) deposit of the funds into a pension fund; and
WHEREAS, Sec. 9901 provides funding for payments to states, territories, local
governments, and tribal governments to carry out critical capital projects directly enabling work,
education, and health monitoring, including remote options, in response to the COVID-19
emergency; and
WHEREAS, on May 10, 2021, the Treasury Department issued an Interim Final Rule,
which went into effect on May 17, 2021, to implement the Coronavirus State Fiscal Recovery
Fund and the Coronavirus Local Fiscal Recovery Fund established under the American Rescue
Plan Act; and
WHEREAS, the Interim Final Rule sets clear guidelines on eligible uses of Fiscal
Recovery Funds and provides State, local, and Tribal government officials discretion within
those eligible uses to direct Fiscal Recovery Funds to areas of greatest need within their
jurisdiction through a broadly flexible approach; and
WHEREAS, under ARPA, the City of Edmonds, because it has a population under
50,000, is considered a nonentitlement unit of local government (NEU); and
WHEREAS, ARPA Section 603 requires Treasury to allocate and pay Fiscal Recovery
Funds to the States and territories and requires the States and territories to distribute Fiscal
Recovery Funds to NEUs based on population within 30 days of receipt; and
WHEREAS, to facilitate implementation and use of payments from the Fiscal Recovery
Funds, the Interim Final Rule identifies a non-exclusive list of eligible uses of funding that
respond to the negative economic impacts of the public health emergency; and
WHEREAS, Recipients may also use payments from the Fiscal Recovery Funds to
replace State, local, and Tribal government revenue lost due to COVID-19, helping to ensure that
governments can continue to provide needed services and avoid cuts or layoffs; and
WHEREAS, state and local governments are encouraged to use payments from the Fiscal
Recovery Funds to respond to the direct and immediate needs of the pandemic and its negative
economic impacts and, in particular, the needs of low- and/or moderate -income households and
businesses that were disproportionately and negatively impacted by the public health emergency;
and
WHEREAS, State, local, and Tribal governments may provide assistance to small
businesses to adopt safer operating procedures, weather periods of closure, or mitigate financial
hardship resulting from the COVID-19 public health emergency, including:
• Loans or grants to mitigate financial hardship such as declines in revenues or impacts of
periods of business closure, for example by supporting payroll and benefits costs, costs to
retain employees, mortgage, rent, or utilities costs, and other operating costs;
• Loans, grants, or in -kind assistance to implement COVID-19 prevention or mitigation
tactics, such as physical plant changes to enable social distancing, enhanced cleaning
efforts, barriers or partitions, or COVID-19 vaccination, testing, or contact tracing
programs; and
• Technical assistance, counseling, or other services to assist with business planning needs.
WHEREAS, recipients may consider additional criteria to target assistance to businesses
in need, including small businesses. Such criteria may include businesses facing financial
insecurity, substantial declines in gross receipts (e.g., comparable to measures used to assess
eligibility for the Paycheck Protection Program), or other economic harm due to the pandemic, as
well as businesses with less capacity to weather financial hardship, such as the smallest
businesses, those with less access to credit, or those serving disadvantaged communities.
Recipients should consider local economic conditions and business data when establishing such
criteria; and
WHEREAS, the Interim Final Rule outlines eligible uses within each category of
infrastructure (water, sewer, broadband), allowing for a broad range of necessary investments in
projects that improve access to clean drinking water, improve wastewater and stormwater
infrastructure systems, and provide access to high -quality broadband service; and
WHEREAS, by permitting funds to be used for water and sewer infrastructure needs,
Congress recognized the critical role that clean drinking water and services for the collection and
treatment of wastewater and stormwater play in protecting public health; and
WHEREAS, with respect to wastewater infrastructure, recipients may use Fiscal
Recovery Funds to construct publicly owned treatment infrastructure, manage and treat
stormwater or subsurface drainage water, facilitate water reuse, and secure publicly owned
treatment works, among other uses; and
WHEREAS, Treasury encourages recipients to consider green infrastructure investments
and projects to improve resilience to the effects of climate change. For example, more frequent
and extreme precipitation events combined with construction and development trends have led to
increased instances of stonmwater runoff, water pollution, and flooding. Green infrastructure
projects that support stormwater system resiliency could include rain gardens that provide water
storage and filtration benefits, and green streets, where vegetation, soil, and engineered systems
are combined to direct and filter rainwater from impervious surfaces;
NOW THEREFORE;
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, ORDAINS AS
FOLLOWS:
Section 1. The City of Edmonds hereby accepts an allocation of up to $11,893,099 as the
City of Edmonds' American Rescue Plan Act (ARPA) allocation, as administered and disbursed
by the Washington State Department of Commerce in the form of one direct deposit to the City
of Edmonds in June 2021 and a second deposit approximately one year later, in accordance with
Federal ARPA guidelines. Further the City Council authorizes the Mayor to enter into the
corresponding contract(s) with the Department of Commerce for administration and
disbursement of these funds.
Section 2. The Administrative Services Director is hereby authorized to rename Fund
142, from the Edmonds CARES Fund, to the Edmonds Rescue Plan Fund for the purpose of
accounting for ARPA-eligible payments used to facilitate compliance with COVID-19-related
public health measures, expenses associated with the provision of economic support in related to
recovery from the COVID-19 public health emergency and associated economic recession, and
any other COVID-19-related expenses reasonably necessary to the function of the City that
satisfy the Act's eligibility criteria.
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Section 3. The Edmonds Rescue Plan Fund shall be administered by the Administrative
Services Director under the direction of the Mayor.
Section 4. The City Council hereby appropriates and allocates the City's share of ARPA
funds as set forth in this Section. There shall be kept by and under the direction of the
Administrative Services Director, such books, accounts and records as are necessary to control
and report the ARPA-eligible expenditures, and shall further subdivide the cash account thereof
into six separately designated accounts as follows:
A. Account "A" shall be the "Edmonds Rescue Plan City Expenditures" account into which
up to $750,000 from the ARPA funds shall be allocated to reimburse City expenditures
associated with responding to the COVID-19 health emergency and any resurgences in
the future, including staffing, equipment, and supplies related to maintaining a safe
workplace for employees and the visiting public, as well as necessary capital investments,
such as enhancements to HVAC filter upgrades, etc.
B. Account `B" shall be the "Edmonds Rescue Plan Household Support" account into which
$4,150,000 from the ARPA funds shall be allocated to reimburse those City expenditures
incurred through administration of the following programs, in compliance with the ARPA
eligibility criteria:
1. Household Support. Up to $3,000,000 for Grants to households earning no more
than 40% of Edmonds Median Income for housing expenses, food, medical bills,
childcare, internet access, and other household expenses. Up to 400 households
may receive grants of up to $2,500 in 2021 and 2022. Up to 200 households may
receive grants of up to $2,500 in 2023 and 2024.
2. Utility Bill Support. Up to $150,000 for one-time grants to households earning no
more than 40% of Edmonds Median Income in amounts up to $1,000 for up to
150 households to help defray expenses derived from outstanding City of
Edmonds utilities bills.
3. Housing Repair. Up to $1,000,000 for one-time grants to households earning no
more than 40% of Edmonds Median Income for housing repair, especially
focused on energy -saving measures such as roof repair, window replacement,
HVAC repair/replacement, etc. Up to 200 grants at up to $5,000 each.
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C. Account "C" shall be the "Edmonds Rescue Plan Business Support" account into which
$1,125,000 from the ARPA funds shall be allocated to reimburse those City expenditures
incurred through administration of the following programs, in compliance with the ARPA
eligibility criteria:
1. General Business Support. Up to $200,000 in installments of $50,000 per year in
2021, 2022, 2023, and 2024 for general support of Edmonds small businesses,
business districts and the overall business community. This includes such
programs as the Edmonds Business Booster website and its programs and
promotion; promotion of business districts outside Downtown through
advertising, wayfinding, signage; business -support or promotional events, etc.
2. Tourism Support. Up to $300,000 in installments of $75,000 per year in 2021,
2022, 2023, and 2024 for support of tourism promotion. This includes enhanced
local and regional advertising, support of events and special promotions,
investment in facilities and/or equipment, etc.
3. Small Business Support. Up to $625,000 for direct grants to small businesses
most affected by the COVID-19-related economic recession. Grants will take the
form of individual financial support grants (in the form of loans that are
forgivable after four months of performance), totaling up to 50 at up to $10,000
each in 2021, with up to 25 grants of up to $5,000 each available in 2022.
Eligibility criteria for these grants will include:
a. Small businesses in Edmonds with zero to 30 employees.
b. Businesses must demonstrate at least a 50% loss in revenue by the end of
2020 compared to the pre -pandemic 2019 revenues.
c. Businesses must not have received more than $5,000 in other grants, tax
credits or other financial assistance.
d. Particular consideration will be given to businesses owned by people of
color, women, veterans, and other minorities
D. Account "D" shall be the "Edmonds Rescue Plan Nonprofit Organization Support"
account into which $500,000 from the ARPA funds shall be allocated to assist Edmonds
nonprofit organizations that have suffered substantial financial losses due to prolonged
closures, cut -backs, loss of business, etc. A general call for requests will be issued, with
requests reviewed competitively and awards based on relative need, likelihood to help an
organization survive, and other sources of funds available. Small grants of up to $20,000
and totaling no more than $100,000 shall be approvable by the Mayor. Large grants of
any amount over $20,000 for a total of up to $400,000 shall be approvable by the City
Council.
E. Account "E" shall be the "Edmonds Rescue Plan Job Retraining Program" account into
which $600,000 from the ARPA funds shall be allocated to provide financial aid to
people who have suffered workforce participation interruption, with demonstrated
financial need, who seek skills training, certifications, completion of degrees, or other
skills enhancement at local community colleges serving Edmonds residents in the form of
grants of up to $5000 per year per student to cover tuition, fees, supplies and life
expenses during the period of study. Administration of this program will be conducted by
the college or colleges selected under the contractual oversight of the City. The Mayor
shall be authorized, with Council President approval, to enter into the corresponding
contract(s) with participating colleges or trade schools serving Edmonds residents.
F. Account "F" shall be the "Edmonds Rescue Plan City Green Infrastructure" account in
which up to $4,768,099 from the ARPA funds shall be allocated to reimburse City capital
expenditures through 2026 associated with green infrastructure projects, meeting ARPA
guidelines, such as:
1. Edmonds Marsh Water Quality and Flood Control. Retention and treatment of
surface stormwater runoff into the Edmonds Marsh to enhance the water quality
of the Marsh, as well as other associated projects. Preliminary projected cost —
approximately $750,000.
2. Lower Perrinville Creek Realignment. Retention and treatment of surface
stormwater runoff in the Perinnville Creek drainage basin, intended to reduce
stormwater surge flows and enhance the quality of stormwater reaching Puget
Sound. Preliminary projected cost — $3,500,000.
3. Green Streets and Rain Gardens. Enhance existing streets throughout Edmonds
by adding features that retain and/or treat stormwater runoff to reduce stormwater
surges and contaminants that reach Puget Sound. Similarly, rain gardens in
association with streets, parks and other public facilities may be established for
these same purposes. Preliminary projected cost — $1,000,000.
All infrastructure projects and their associated budgets shall be presented to City Council
for review and approval.
Section 5. The City may only use ARPA funds to cover costs incurred for one or more of
the purposes allowed by federal law and during the period beginning March 3, 2021, and ending
December 31, 2024. A cost shall be considered to have been incurred for purposes of this Section
if the City has incurred an obligation with respect to such cost by December 31, 2024. The City
must return any funds not obligated by December 31, 2024, and any funds not expended to cover
such obligations by December 31, 2026.
Section 6. Any organization assisting the City in providing emergency aid under Section
4(B), 4(C) or 4(E) shall provide a quarterly written report to the City. The Administration shall
provide the City Council a quarterly written report about the amount of aid provided by the City,
the purpose and criteria by which it has been distributed, and any other pertinent information
regarding the grant programs outlined in Sections 4(B),4(C) and 4(E) above.
Section 7. Severability. If any section, subsection, clause, sentence, or phrase of this
ordinance should be held invalid or unconstitutional, such decision shall not affect the validity of
the remaining portions of this ordinance.
Section 8. Effective Date. This ordinance, being exempt under RCW 35A.11.090(4), as
an ordinance appropriating money, is not subject to referendum and shall take effect five (5) days
after passage and publication of an approved summary thereof consisting of the title.
APPROVED:
MAYOR MIKE NELSON
ATTEST/AUTHENTICATED:
CITY CLERK, SCOT ASSEY
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
119100F1.117evd
FILED WITH THE CITY CLERK:
July 16, 2021
PASSED BY THE CITY COUNCIL:
July 20, 2021
PUBLISHED:
July 23, 2021
EFFECTIVE DATE:
July 28, 2021
ORDINANCE NO.
4229
SUMMARY OF ORDINANCE NO.4229
of the City of Edmonds, Washington
On the 20th day of July, 2021, the City Council of the City of Edmonds, passed Ordinance No.
4229. A summary of the content of said ordinance, consisting of the title, provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, CREATING A THE EDMONDS RESCUE
PLAN FUND AND SETTING OUT ITS INTENDED USES
The full text of this Ordinance will be mailed upon request.
DATED this 20th day of July, 2021.
Cl RK, SCOYKPy
10
Everett Daily Herald
Affidavit of Publication
State of Washington }
County of Snohomish } ss
Maggie Boyd being first duly sworn, upon oath
deposes and says: that he/she is the legal
representative of the Everett Daily Herald a
daily newspaper. The said newspaper is a legal
newspaper by order of the superior court in the
county in which it is published and is now and
has been for more than six months prior to the
date of the first publication of the Notice
hereinafter referred to, published in the English
language continually as a daily newspaper in
Snohomish County, Washington and is and
always has been printed in whole or part in the
Everett Daily Herald and is of general
circulation in said County, and is a legal
newspaper, in accordance with the Chapter 99
of the Laws of 1921, as amended by Chapter
213, Laws of 1941, and approved as a legal
newspaper by order of the Superior Court of
Snohomish County, State of Washington, by
order dated June 16, 1941, and that the annexed
is a true copy of EDH933585 ORDS 4229-4230 as
it was published in the regular and entire issue
of said paper and not as a supplement form
thereof for a period of 1 issue(s), such
publication commencing on 07/23/2021 and
ending on 07/23/2021 and that said newspaper
was regularly distributed to its subscribers
during all of said period.
The amount of the fee for such publication is
$20.60,_� 'f —"I _
Subscribed and sworn fore me on this
j ACO day of
No Public in and for the State of
Washington.
City of Ed,— s- L[GALADS 11410141E
SCOTT PASSGY
i! inda Phillips
Notary PUbllc
Sta1�e cf Washington
MYAAAml+rbnefrt Fires 08i2912g2� `
AA4
Classified Proof
ORDINANCE SUMMARY
of the City of Edmond,, 4Vashington
On the 20Ih dny df JuT�, 202f, the City OCunCll of the Cdly of
Edmonds, passed 1he Io awing "nances, the summaries of sold
ordinances cons�5llng of Iltles 21
e provided as follows:
.NCENOId21N H ❑R
AN ORDINANCE COF EDMONDS.
WASHINGTON, CREATING A THE EDMONDS RESCUE
FLAN FUND ANO SETTING OUT ITS INTENDED USES
ORDINANCE @1_0
AN ORDINANCt OF TH9I OF EDMONDS.
WASHINGTON. AMENDING ORDINANCE NO. 4221 AS A
RESUA,T OF UNANTICIPATED TRANSFERS AND
EXPENDITURES OF VARIOUS FUNDS, AND FIXING A
TIME Wi-EN THE SAME SHALT. SECOME EFFECTIVE.
The full te,d of fhese Ordinances will be sent upon request.
DATED this 20Ih i2021.
CITY CLERK SCD yPASSEY
Published: July 23. 2021. EDH933$55
Proofed by Boyd, Maggie, 07/23/2021 08:19:05 am Page: 2