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2021-06-08 City Council - Full Agenda-28901. 2. 3. 4. 5. 6. 7. o Agenda Edmonds City Council V,j Hv REGULAR MEETING - VIRTUAL/ONLINE VIRTUAL ONLINE MEETING EDMONDS CITY COUNCIL MEETINGS WEB PAGE, HTTP://EDMONDSWA.IQM2.COM/CITIZENS/DEFAULT.ASPX, EDMONDS, WA 98020 JUNE 8, 2021, 7:00 PM DUE TO THE CORONAVIRUS, MEETINGS ARE HELD VIRTUALLY USING THE ZOOM MEETING PLATFORM. TO JOIN, COMMENT, VIEW, OR LISTEN TO THE EDMONDS CITY COUNCIL MEETING IN ITS ENTIRETY, PASTE THE FOLLOWING INTO A WEB BROWSER USING A COMPUTER OR SMART PHONE: HTTPS://ZOOM. US/J/95798484261 OR JOIN BY PHONE: US: +1 253 215 8782 WEBINAR ID: 957 9848 4261 PERSONS WISHING TO PROVIDE AUDIENCE COMMENTS USING A COMPUTER OR SMART PHONE ARE INSTRUCTED TO RAISE A VIRTUAL HAND TO BE RECOGNIZED. PERSONS WISHING TO PROVIDE AUDIENCE COMMENTS BY DIAL -UP PHONE ARE INSTRUCTED TO PRESS *9 TO RAISE A HAND. WHEN PROMPTED, PRESS *6 TO UNMUTE. IN ADDITION TO ZOOM, REGULAR COUNCIL MEETINGS BEGINNING AT 7:00 PM ARE STREAMED LIVE ON THE COUNCIL MEETING WEBPAGE, COMCAST CHANNEL 21, AND ZIPLY CHANNEL 39. "WE ACKNOWLEDGE THE ORIGINAL INHABITANTS OF THIS PLACE, THE SDOHOBSH (SNOHOMISH) PEOPLE AND THEIR SUCCESSORS THE TULALIP TRIBES, WHO SINCE TIME IMMEMORIAL HAVE HUNTED, FISHED, GATHERED, AND TAKEN CARE OF THESE LANDS. WE RESPECT THEIR SOVEREIGNTY, THEIR RIGHT TO SELF-DETERMINATION, AND WE HONOR THEIR SACRED SPIRITUAL CONNECTION WITH THE LAND AND WATER. - CITY COUNCIL LAND ACKNOWLEDGMENT CALL TO ORDER/FLAG SALUTE LAND ACKNOWLEDGEMENT ROLL CALL PRESENTATION 1. Diversity Commission 2021 Annual Report (25 min) APPROVAL OF THE AGENDA AUDIENCE COMMENTS APPROVAL OF THE CONSENT AGENDA Edmonds City Council Agenda June 8, 2021 Page 1 1. Approval of Council Meeting Minutes of June 1, 2021 2. Approval of claim, payroll and benefit checks, direct deposit and wire payments. 8. PUBLIC HEARING 1. Public Hearing regarding Master Permit authorizing Placement of Small Wireless (Small Cell) Facilities in the City's Rights -of -Way (60 min) 9. COUNCIL BUSINESS 1. Waiving Rent Payments for the Chamber of Commerce for July -September 2021 (5 min) 2. Amending ECC 10.80 Salary Commission (20 min) 10. COUNCIL COMMENTS 11. MAYOR'S COMMENTS ADJOURN Edmonds City Council Agenda June 8, 2021 Page 2 4.1 City Council Agenda Item Meeting Date: 06/8/2021 Diversity Commission 2021 Annual Report Staff Lead: PatrickDoherty Department: Community Services Preparer: Patrick Doherty Background/History Chapter 10.65.040 of the Edmonds City Code requires that the Diversity Commission present an annual report to City Council. Staff Recommendation No action required. Narrative Attached you will find a PowerPoint presentation that will serve as the basis for the Diversity Commission's oral report at the 6/8/21 City Council meeting. Diversity Commission Chair, Vice -Chair and other members will be present. Attachments: Diversity Commission Preso to Council 6-8-21 Packet Pg. 3 Edmonds Diversity Commission 0 a m 0 a N O N _ O y 0 E 0 .N L v r N OO co _ 7 0 V 0 0 N d L a 0 .y N E E 0 ti .y L d _ d E s 0 w Q Packet Pg. 4 Diversity Commissioners Ardeth Weed, Chair Alberto Orejel Malfavon Dean Olson, Vice -Chair Sarah Mixson Nikki Okimoto Glaros Donnie Griffin Sekou Kone City Staff Alison Alfonzo Pence Melinda Woods Caitlin Chung, Student Rep Luke Distelhorst, Council Liai: Arwen Mahron, Diversity Commission Coordinator O a m a N O N C O N E E O •L Packet Pg. 5 The City of Edmonds Diversity Commission i! the City's Voice for Diversity, Equity Et Inclusion in Edmonds As provided by Chapter 10.65 ECC, the mission of the Diversity Commission is: To promote and embrace diversity through action, education, and guidance. The Commissioi seeks to foster an understanding that includes, accepts, respects and appreciates each indi� member of our community. To accomplish this, the Commission is empowered to advise and make recommendations to the Mayor and City Council, and as appropriate to other Boar and Commissions, as follows: A. Serve as a commission for city government and the community by providing information, education, and communication that facilitates understanding of diversity and to celebrate c respect individual differences. B. Recommend to the mayor and city council diversity opportunities to promote programs, c provide guidance to assure an accessible, safe, welcoming and inclusive government and community. C. Support, challenge, and guide government and the community to eliminate and prevent c .forms of discrimination. Packet Pg. 6 Edmonds Diversity Commission Events 8: Resources Accomplishments ► Diversity Film Series ► World Cafes ► Youth Forums ► Fourth of July Parades ► "1 am Edmonds" Project ► Online "Coping with Collective Trauma" event ► DEI tool kit No. "All are Welcome" decals ► COVI D 19 Help Flyer translated into 8languages Initial concept for Evening Market Objectives Indigenous Peoples Day LGBTQ+ Pride Day Community leader listening sessions Research new events Renew "I am Edmonds" 0 a m 0 a N O N _ 0 :E E 0 .N Packet Pg. 7 Edmonds Diversity Commission's Policy Work Accomplishments Policy recommendations memo contributed to idea for Mayor's Equity Et Social Justice Task force Participated in Judge and Police Chief interview processes ADA support for Dayton Et 104; added captions that City Council adopted Safe City Ordinance Initiated movement that led City Council to change "Columbus Day" to "Indigenous Peoples Day" Objectives Research District - based Council positions Develop ADA accommodation Et accessibility recommendation 0 a m 0 _ a N O N _ 0 N 0 E 0 .N Packet Pg. 8 Edmonds Diversity Commission's Partnership Work Accomplishments Objectives Youth Forums C Edmonds Woodway High School Equity Toolkit Sno-Isle Library partnership providing books Community projects support Et resources Increased partnerships with other cities' DEI groups Hwy 99 Renewal Project involvement Expand DEI toolkit to more business districts Expand outreach efforts throughout the community O a m a N O N C O N E E O •L Packet Pg. 9 Edmonds Diversity Commission's Grant Distributions Accomplishments Provided 15 grants for DEI events/programs DEI book donations Contributed to Dr. Martin Luther King Day Lift Every Voice Legacy event ► KidStock! ► Sherwood Elementary PSO DEI Outreach Objectives ► Continue supporting community DEI projects ► Partnership with other cities' DEI projects Et event Packet Pg. 10 Right Now and Looking Ahead Recent Work Responses to local incidents Highway 99 research, proposals, research for Council ► First to approve pronoun use ► Disability inclusion ► The City's go -to group for Diversity, Equity Ft Inclusion (DEI) discussions Objectives Explore Potential for Edmonds Office c Civil Rights ► Increase City ties to Hwy 99 communit ► Translation recommendations ► Edmonds Youth Commission ties ► Possible anonymous bias/hate complai process Maintain/Increase funding for DEI supp Disability inclusion and recommendati( 1= O a m a N O N _ O N N E E O t� .N L Packet Pg. 11 Edmonds Diversity Commission Thanks go to the City Council, City staff, and members of the public for making the Diversity Commission and its programs and activities such a success in our community! Packet Pg. 12 7.1 City Council Agenda Item Meeting Date: 06/8/2021 Approval of Council Meeting Minutes of June 1, 2021 Staff Lead: Scott Passey Department: City Clerk's Office Preparer: Scott Passey Background/History N/A Staff Recommendation Review and approve the draft meeting minutes on the Consent Agenda. Narrative N/A Attachments: 06-01-2021 Draft City Council Meeting Minutes Packet Pg. 13 7.1.a EDMONDS CITY COUNCIL VIRTUAL ONLINE MEETING DRAFT MINUTES June 1, 2021 ELECTED OFFICIALS PRESENT Mike Nelson, Mayor Susan Paine, Council President Adrienne Fraley-Monillas, Councilmember Kristiana Johnson, Councilmember Luke Distelhorst, Councilmember Diane Buckshnis, Councilmember Vivian Olson, Councilmember Laura Johnson, Councilmember 1. CALL TO ORDER/FLAG SALUTE STAFF PRESENT Patrick Doherty, Econ. Dev & Comm. Serv. Dir Shane Hope, Development Services Director Jessica Neill Hoyson, HR Director Rob Chave, Planning Manager Kernen Lien, Environmental Programs Mgr. Jeff Taraday, City Attorney Scott Passey, City Clerk Dave Rohde, GIS Analyst The Edmonds City Council virtual online meeting was called to order at 7:00 p.m. by Mayor Nelson. The meeting was opened with the flag salute. 2. LAND ACKNOWLEDGEMENT Councilmember Fraley-Monillas read the City Council Land Acknowledgement Statement: "We acknowledge the original inhabitants of this place, the Sdohobsh (Snohomish) people and their successors the Tulalip Tribes, who since time immemorial have hunted, fished, gathered, and taken care of these lands. We respect their sovereignty, their right to self-determination, and we honor their sacred spiritual connection with the land and water." 3. ROLL CALL City Clerk Scott Passey called the roll. All elected officials were present, participating remotely. 4. PRESENTATIONS PROCLAMATION NATIONAL GUN VIOLENCE AWARENESS DAY Mayor Nelson read a proclamation proclaiming Friday, June 4, 2021, to be National Gun Violence Awareness Day and encouraging all citizens to support their local communities' efforts to prevent the tragic effects of gun violence and to honor and value human lives. He recognized Heather Damron, Vanessa Stedman, and Jane Weiss who were attending virtually. Councilmember L. Johnson thanked the guests for being here and for the hard work they have done. Edmonds City Council Draft Minutes June 1, 20221 Page 1 Packet Pg. 14 7.1.a The guests thanked the City for the proclamation. Ms. Weiss said this is the sixth Wear Orange that she has participated in and she expressed her pride in Edmonds. . 2. 2021 LEGISLATIVE SESSION WRAP-UP REPORT Economic Development/Community Services Director Patrick Doherty introduced Legislative Lobbyist/Strategist Debora Munguia. Ms. Munguia reviewed: • Legislative Overview 0 105-day biennial budget legislative session ■ Operating, Capital and Transportation Biennial Budgets Adopted ■ Sine Die April 26, Governor has 20 days to sign bills (May 19) o Democrats have a 28-21 majority in the Senate and a 57-41 majority in the House. o Mostly remote session with major themes: ■ COVID Relief ■ Economic Recovery ■ Climate Action and Resiliency ■ Advance Racial Equity o Big Issues: ■ Capital Gains Tax ■ Working Families Tax Exemption ■ Police Accountability ■ Cap and Trade, Low Carbon Fuel Standard ■ Changing penalties for drug possession (response to Blake decision) ■ Banning open carrying of guns at protests and on state Capitol grounds ■ Wildfire prevention and forest health funding ($130.4 million) ■ Fair Start for Kids Act - SB 5237 Ms. Munguia provided an overview of the 2021-23 Budget • Operating Budget (ESSB 5092) o $59.2 billion in state revenue ■ $10.6 billion in federal stimulus funds ■ One-time allocations include: - $1.1B - Stabilizing K-12 schools (reopening, learning loss, etc.) - $ 1 B - Public health (vaccine deployment, contact tracing and testing, etc.) - $658M Extending the state's rental assistance program - $528M Childcare grants and provider rates - $500M Unemployment Insurance benefit relief - $340M Grants to adults unable to access COVID 19 benefits due to citizenship status - $187M Foreclosure prevention for individuals under 100% area median income - $170M Family leave during the pandemic • Capital Budget (SHB 1080) o $6.3 billion appropriated, $82 million is reserved for a supplemental ■ $258,000 to the City of Edmonds for Edmonds Marsh restoration (LCP) ■ $500,000 for Willow Creek at Marina Beach Park (ALEA) ■ $500,000 for Marina Beach Park Redevelopment (WWRP Local Parks) ■ $250,000 for the Waterfront Center (LCP) ■ $200,000 for the Edmonds Boys & Girls Club planning and upgrades (LCP) ■ $258,000 for the Civic Park Mika's Playground (LCP) ■ $412,000 to the WA State Arts Commission for Creative Districts Capital Construction Projects (Section 5169) Edmonds City Council Draft Minutes June 1, 20221 Page 2 Packet Pg. 15 7.1.a ■ $175 million for Housing Trust Fund, $174.9 million for other state programs that support affordable housing and shelter capacity ■ $411 million for grants and loans to improve and expand broadband access ■ $327 million for infrastructure ($129 million for PW Board) o WRIA 8 Priorities: ■ $52.8 million for Puget Sound Acquisition and Restoration ■ $80 million for Salmon Recovery Funding Board ■ $70 million for Floodplains by Design ■ $15.7 million for Estuary and Salmon Restoration Program ■ $100 million for WWRP ■ $6.6 million for ALEA ■ $26.8 million for the Fish Barrier Removal Board Transportation Budget (SSB 5165) o $11.8 billion in appropriation authority to maintain current level ■ Transferred $6.5 million from Waterfront Connector project to SR 99 Project ■ Proviso giving City first right of purchase of Unocal Marsh property from State ■ $1 billion from federal ARPA funds, using $400 million for fish passage barrier removal if allowable ■ $6.9 million for alternative fuel vehicle charging and refueling ■ $5 million for green transportation capital grants to help transit agencies ■ $10 million new funding for Safe Routes to School and Ped/Bike safety programs ■ $4 million for a new cadet basic training class to graduate in June 2023 ■ $1 million to WSP to address bills related to police tactics, use of force, etc. o Both LCFS and Cap and Trade linked to a 5 cent gas tax increase for a transportation revenue package by 2023. Special session for transportation revenue? ■ Senate "Forward Washington" is a 16-year, $17.8 billion investment plan ■ Includes $22.5 million for SR 99 Revitalization Project ■ House "Miles Ahead" is a 16-year, $22 billion investment plan Ms. Munguia also reviewed: • Climate Action & Resiliency o SB 5126 - Adopting the Climate Commitment Act o HB 1091 - Establishing a clean fuel standard, joining Oregon, California and BC ■ Referendums filed on both o SB 5022 - Improving our recycling system and eliminating tons of Styrofoam from our waste stream o SB 5253 — If a public works project includes landscaping, at least 25% must be pollinator habitat to the extent possible. o HB 1050 - Establishing thresholds to reduce GHG emissions from fluorinated gases and address refrigerant emissions o HB 1287 - Preparing for a zero -emissions future by planning upgrades to electricity supply and charging infrastructure o SB 5000 — Creates an 8-year pilot sales/uses tax exemption program for hydrogen fuel cell EVs. Police Accountability/Justice Reform o HB 1267 — new Office of Independent Investigations, police use of deadly force o SB 5051 — decertification of law enforcement officers o HB 1054 — police tactics o HB 1310 — new standards for police use of force o SB 5066 — officer duty to intervene o SB 5259 — data on use of deadly force Edmonds City Council Draft Minutes June 1, 20221 Page 3 Packet Pg. 16 7.1.a o $20M one-time funds distributed to cities related to police reform bills Housing/Homelessness o Over $1.7 billion in the state budgets for affordable housing and homelessness o HB 1277 - New permanent fund source for eviction prevention and homelessness interventions ($100 document recording fee) o SB 5160 - Right to counsel for low-income tenants facing evictions o HB 1236 - Eviction reform, no more 20-day, no -cause eviction notices o HB 1220 - Supports emergency shelters and housing through local planning and development regulations. o SB 5287 - Authorizes a 12-year extension of existing 8- and 12-year MFTEs that were set to expire; qualified residents must be provided with relocation assistance. Establishes a new 20- year exemption for permanent affordable homes. o HB 1070 - Expands allowable uses of revenue from local sales and use tax for housing and related services, adds acquisition of facilities or land. State v. Blake Decision o In a 5-4 decision, the state Supreme Court found the state's simple drug possession law unconstitutional because it didn't require prosecutors to prove a person knowingly or intentionally had drugs. o SB 5476 makes possession of drugs such as LSD and heroin a misdemeanor instead of a felony. It also funds and prepares for a transition to a more treatment -centered system for addressing substance use disorder. o The first and second time a person is caught with drugs, officers must refer the person for assessment and services rather than arresting them. o A committee of experts will study the issue and make recommendations to the Legislature for a more permanent approach in 2023. o $83.5 million in the budget to help state and counties manage the legal impacts of the Blake decision, and another $88.4 million to help establish the new programs. Of the $88.4 million, $4.5 million will go to the AOC to help enhance municipal and district therapeutic courts. Edmonds Requests o Move $6.5 million from Waterfront Connector project to Highway 99 transportation improvement program - Accomplished o Earmark up to $8.175 million to facilitate transfer of former UNOCAL site from WSDOT to an agency - $258,000 earmarked for this project Local Government Priorities o Adopt a new transportation revenue package - stay tuned o Provide cities with greater fiscal flexibility ■ HB 1069 signed May 13. - Allows revenue from CJ Assistance Accounts to supplant existing funds - Allows sales/use tax for chemical dependency or mental health treatment to be used for modifications to existing facilities to address health/safety needs related to CH or MH. - Reduces restrictions on the allowed use of CJ sales taxes and REET taxes through December 31, 2023. - Increases the amount of time a water and electricity or sewage lien can be applied after the declaration of an emergency by the Governor that prevents collection ■ HB 1189 authorizes local governments to designate tax increment financing areas and to use increased local property tax collections to fund public improvements Looking Ahead and Next Steps o Special session later this year? o Legislative Delegation Meetings o Develop 2022 Legislative Agenda Edmonds City Council Draft Minutes June 1, 20221 Page 4 Packet Pg. 17 7.1.a Council President Paine commented the legislative session was very successful. She expressed interested in analysis of MFTE. She asked if there was any talk about adding support for road from electric vehicles, observing there were more and more electric vehicles and the gas tax was declining as a result. She clarified she was not suggesting removing the gas tax as it was a stable funding source. Ms. Munguia said the gas tax is not a stable source which is why existing transportation revenues need some help. The state does not have a sustainable revenue sources to maintain the current projects. The proposals from both the House and Senate included an increase in the gas tax as well as a road usage charge due to electric vehicles. There is an emphasis in the budget on creating more infrastructure for electric vehicle such as requiring publicly funded projects include more charging stations. There is also a pilot project with hydrogen fuel cells which are already operating in California. A hydrogen fuel cell station is similar to a gas station and it only takes a few minutes to charge an electric vehicle. That may be easier with the existing infrastructure. Senator Hobbs and especially Representative Fey, who chair the House and Senate Transportation Committees, are interested in doing things in an environmental manner. Councilmember Buckshnis expressed appreciation for all the work Ms. Munguia did providing detailed legislative updates. They were very helpful and allowed her to share information with citizens. She was happy about WRIA 8 priorities. She inquired about Senator Salomon's bill regarding armoring and asked if ports were exempt. Ms. Munguia offered to look into it. Councilmember Buckshnis said she would forward her a question regarding that issue. Councilmember Buckshnis inquired about another bill related to salmon and changing the State Comprehensive Plan. She asked what "yes" and "no" mean on the list of bills. Mr. Doherty advised that is related to whether the City is in support or not and if it is a blank, it is not a priority. Councilmember Buckshnis offered to forward her questions regarding bills to Ms. Munguia. Councilmember Buckshnis relayed the Puget Sound Partnership, Salmon Recovery Council and WRIA 8 are interested in a few of the bills and she would like to get more information. Ms. Munguia relayed Representative Lekanoff's bill 1177 did not pass but she believed something was included in the budget. Councilmember Fraley-Monillas thanked Ms. Munguia for her work on Highway 99 and moving the money from the from waterfront connector to Highway 99. She asked Ms. Munguia to let her know if there was any way she could assist such as contacting or meeting with legislators to talk about Highway 99. 5. APPROVAL OF AGENDA COUNCILMEMBER FRALEY-MONILLAS MOVED, SECONDED BY COUNCIL PRESIDENT PAINE, TO APPROVE THE AGENDA IN CONTENT AND ORDER. COUNCILMEMBER K. JOHNSON MOVED, SECONDED BY COUNCILMEMBER OLSON, TO AMEND THE AGENDA AS FOLLOWS: CHANGE COUNCIL BUSINESS #8 TO UNFINISHED BUSINESS, WITH THE FOLLOWING AGENDA ITEMS: 8.1 PROCESS FOR REVIEWING HOUSING COMMISSION RECOMMENDATIONS, 8.2 STATE 2 TREE ISSUES, AND 8.3 RESOLUTION ADOPTING COUNCIL RULES OF PROCEDURE; AND ADD AGENDA ITEM 9 NEW BUSINESS WITH THE FOLLOWING AGENDA ITEMS: 9.1 DISCUSS COUNCIL APPROVAL FOR CLOSURE OF RIGHTS -OF -WAY, 9.2 AMENDMENT ECC 10.80 SALARY COMMISSION, AND 9.3 PLANNING BOARD RECOMMENDATION TO APPROVE AN AMENDMENT TO CHAPTER 17.75 ECDC, ENTITLED "OUTDOOR" DINING" AND A RELATED SECTION IN CHAPTER 17.70 ECDC. COUNCILMEMBER K. JOHNSON FURTHER MOVED THAT ITEM 10, MAYOR'S COMMENTS, PRECEDE ITEM 11, COUNCIL COMMENTS. Councilmember Fraley-Monillas suggested taking the proposed changes one at a time. Edmonds City Council Draft Minutes June 1, 20221 Page 5 Packet Pg. 18 7.1.a Councilmember Buckshnis suggested first determining if the Council agreed to change Council Business to Unfinished Business and New Business. Councilmember K. Johnson said she sent an email outlying the proposed changes to each Councilmember. She explained under the draft Rules of Procedure, the City Clerk proposed the order of business for regular meetings as follows: 1. Call to Order, Flag Salute 2. Land Acknowledgment 3. Roll Call 4. Approval of the Agenda 5. Presentations 6. Public Comment 7. Approval of the Consent Agenda 8. Unfinished Business 9. New Business 10. Mayor's Comments 11. Council Comments 12. Executive Session, if needed 13. Adjournment Councilmember K. Johnson recommended the Council follow these long-established procedures that are outlined in the Council Rules of Procedure. Councilmember Fraley-Monillas preferred at this late date and since it had not been brought up in advance, moving forward with the agenda as scheduled and to discuss this next week. She anticipated it could take 45 minutes to the approve the agenda and she preferred to get some work done instead of moving agenda items around. She did not see the purpose of moving agenda items around tonight and encouraged Councilmember not to support the motion. Council President Paine pointed out there were a couple of time sensitive agenda items, 8.1 Amending ECC 10.80 Salary Commission, and 8.4 Planning Board recommendation to approve an amendment. Those two items need to be considered earlier on the agenda due to the potential for items to be postponed to a future meeting. She preferred to leave agenda as is because it was what Councilmembers prepared for and it was the way the packet was ordered. Councilmember L. Johnson concurred with Council President Paine. Though the information was sent to Councilmembers ahead of time, it was sent just minutes before the meeting which required Councilmembers to consider the change during meeting. She preferred to have time to consider the proposal and to proceed with the meeting as scheduled, particularly as there are staff waiting to present agenda items. Councilmember Distelhorst pointed out the agenda included a number of items that have been postponed from previous agendas. The Council only has three hours per week to transact business and could use this time to get through business that has been delayed. He preferred to work through the agenda and get some work done. Councilmember K. Johnson reiterated her position, stating this was a proper way to proceed and she has given advance notice to Council President Paine. The reasons agenda items are being continuously postponed is because the Council does not have enough time. The Council needs to address unfinished business before new business and if the Council spent less time talking, that could be achieved. She also wanted to add a new agenda item that was proposed by Councilmember Olson, Council Approval for Edmonds City Council Draft Minutes June 1, 20221 Page 6 Packet Pg. 19 7.1.a Closure of Rights -of -Way. Even if the Council did not want to follow proper procedures, she wanted to add that to the agenda. Mayor Nelson requested Councilmembers keep their remarks remain respectful and refrain from inflammatory remarks regarding whether the Council was following proper procedures. Councilmember Fraley-Monillas reiterated her support for moving forward. She did not have an opportunity to read the email before meeting and doing it at the last minute did not make sense and just took more time. She encouraged Councilmembers to vote against the motion and if an item needed to be added to the agenda, that could be done via a separate motion. UPON ROLL CALL, AMENDMENT FAILED (3-4); COUNCILMEMBERS K. JOHNSON, BUCKSHNIS AND OLSON VOTING YES; AND COUNCILMEMBERS DISTELHORST, FRALEY-MONILLAS, AND L. JOHNSON AND COUNCIL PRESIDENT PAINE VOTING NO. COUNCILMEMBER K. JOHNSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO ADD TO THE AGENDA COUNCIL APPROVAL FOR CLOSURES OF RIGHTS -OF -WAY. Councilmember Olson said it was in the City's interest to have a robust conversation when rights -of -way are closed and to have Council approval. This was something the Council needed to talk about and she hoped it could be added to the agenda so that conversation could occur. This is a bigger issue than the specific closure that was before the Council recently, it is related to all street closures. Councilmember Fraley-Monillas agreed the Council probably needed to look at this long-term, but the fact that the City received 3,000 comments regarding the street closure indicated there had been transparency and there had been public input. She welcomed the discussion long term but was not interested in having a debate tonight without any notice. Councilmember Buckshnis expressed her total support. In the interest of transparency, she supported putting it on the agenda so individual Councilmembers could express their opinions. Council has not been given sufficient opportunity to speak about things such as rights -of -way and there have been questions about the surveys. She supported putting it on the agenda to determine where each Councilmember stands on this issue, noting it has caused a lot of tension, uncertainty and stress among many people. Councilmember L. Johnson commented this was coming to the Council at the last minute and it seems fairer to allow Councilmembers to prepare for such discussions. She agreed this had widely discussed but it was not just about Walkable Main Street. She feared requiring Council approval to close rights -of -way was opening an enormous door. Councilmembers deserve an opportunity to do their homework, thoroughly consider what that may entail, and come to the meeting prepared and not just speak to opinion. For those reasons, she did not support having that discussion tonight, but as Councilmember Fraley-Monillas said, it is likely something the Council needs to discuss at an upcoming meeting. Councilmember Olson clarified she planned to ask the City Attorney to bring back a resolution, assuming there would be Council support for that, so there would be another 1-2 weeks to prepare. If the motion fails, she will request the Council President put it on next week's agenda. Councilmember K. Johnson suggested there could be three points of contact for the Council, first having it on the agenda for discussion followed by several other contacts. She was uncertain how the Council could discuss something without first putting it on the agenda. She supported Councilmember Olson's request 100%, if not tonight, then next Tuesday. Edmonds City Council Draft Minutes June 1, 20221 Page 7 Packet Pg. 20 7.1.a Councilmember L. Johnson commented if the Council were to have this discussion and direct the City Attorney, she needed an opportunity to do her own research and come to the meeting prepared instead of a free-for-all conversation and directing the City Attorney based on that discussion. That is not a good use of limited meeting time and Councilmembers deserve the opportunity to come to the meeting prepared. Council President Paine said she also would like this to be better organized. It can be scheduled on the agenda at some point, but she was concerned with putting it on the agenda with an assumption for a means to an end rather than deciding if there is a need. It will be necessary to have an assessment first to see if there is a need; she was unsure there was a need. Councilmember Distelhorst said he had been contacted a number of times regarding this and provided the same answer, that there needs to be research of how rights -of -way are handled in other cities. There are a lot of examples in surrounding and other Puget Sound cities regarding how this is handled and that research needs to be done first so there can be informed decision making as part of the discussion. Once that research is done, he was very supportive of looking at how the City's code may the same or different and how that issue can be handled. Councilmember Fraley-Monillas commented three Councilmember seem to have known this was coming up; she did not other than quickly reading through her email and seeing the subject lines. She preferred to have more information before putting it on the agenda. She agreed it was good to look at this long term but she assumed it had been raised due to the immediate issue. She expressed interest in the survey responses which are an important component of this. She agreed with researching what other cities in the area are doing. Making assumptions that the Council should control this feels like the Council is jumping into the administrative role although she understood that this could potentially be legislative. She wanted further information on the matter before discussing it. Although there was validity to the issue, it was not enough to warrant discussion tonight. She pointed out it is now 7:51 p.m. and the Council has not yet approved the agenda. Councilmember K. Johnson pointed out the proposed procedures states an item may be placed on the agenda by majority vote or consensus of the Council. She did not want to debate the merits of the agenda item or what information Councilmembers needed, she only wanted to have it placed on the agenda for discussion when the Council reached that agenda item. COUNCILMEMBER L. JOHNSON CALLED THE QUESTION. VOTE ON THE CALL FOR THE QUESTION CARRIED UNANIMOUSLY. UPON ROLL CALL, AMENDMENT FAILED (3-4); COUNCILMEMBERS K. JOHNSON, BUCKSHNIS AND OLSON VOTING YES; AND COUNCILMEMBERS DISTELHORST, FRALEY-MONILLAS, AND L. JOHNSON AND COUNCIL PRESIDENT PAINE VOTING NO. MAIN MOTION CARRIED (6-1); COUNCILMEMBER K. JOHNSON VOTING NO. 6. AUDIENCE COMMENTS Mayor Nelson invited participants and described the procedures for audience comments. Linda Ferkingstad, Edmonds, referenced the tree ordinance that the City Council approved that requires landowners pay for an arborist assessment of each tree above 24" DBH that needs to be removed to build a home and then pay the amount of the tree's worth to the City. The City's charges, takings or taxes begin at $3300 for each 24" tree to $12,000+ for larger trees. The City is taxing Edmonds property owners 100% for the worth of their trees before they are allowed to divide or build on property, trees that belong to the property owner, not the City. The City soon plans to apply this tax to all Edmonds homeowners. The City Edmonds City Council Draft Minutes June 1, 20221 Page 8 Packet Pg. 21 7.1.a has violated property rights afforded by the U.S. Constitutions 5t' and 14t1i amendments, illegal takings clauses, facilitated an illegal governmental taking of the worth of property without compensation, taxation without representation. They like trees and purchased over an acre filled with trees to build three modest homes with views of Puget Sound. They planned to retain 50% of the trees on their property, 20% over Edmonds' requirement, yet they are still subject to a 100% tax for the worth of every tree above 24" removed, totaling $250,000. The only option to reduce this tax is to remove fewer trees, a tree tax of $170,000 that requires the three homes be placed 10' apart, reducing privacy and the Puget Sound views, decreasing their value more than the $80,000 it would save. Ms. Ferkingstad explained the tree ordinance tax, delays in the permit process and moratoriums have increased the cost of building their homes 20-30%. They have lost time and money and most importantly, their dream of living next to her now 86 year old parents who were 82 when they first met with City planning. For three homes, they have already spent $100,000 to comply with City requirements and now have a tree tax of $250,000 and will probably pay an additional $100,000 for each home due to rising material costs, making it nearly impossible to recoup their costs. Saving trees is a commendable goal that most want to achieve. Edmonds City Council is using this goal to target property owners with an illegal 100% tax on their trees, expecting those filing the 10 land division applications in Edmonds per year to entirely fund the tree fund. If not rescinded, this tree ordinance will cost Edmonds taxpayers to defend illegal takings in court. With regard to Walkable Main Street, she anticipated most residents would change their vote to no if they knew it would hurt the businesses. She urged the City Council to listen. Greg Arnold, Edmonds, asked the goal of the tree ordinance. Mayor Nelson advised the purpose of Audience Comments was for comments, not questions. Mr. Arnold said his research had not revealed any reason for the tree ordinance and he assumed it was for environmental reasons. If that was the case, outlawing cutting and fertilizing lawns would have a much bigger environmental impact. He agreed with the previous speaker and questioned why the Council was targeting people with views. Many people who live in the bowl bought their property due to views and want to be able to trim their trees. If the tree code was an environmental idea, it was not based on science. He would like to hear the reason and the science behind the tree ordinance. Natalie Seitz, Edmonds, commented on the City's intent to regulate trees on private property, specifically a memorandum/information developed by the City to support the Stage 2 Tree Issues discussion. She did not feel the information provided in support of this agenda item was clear, balanced or provided sufficient detail about the potential impacts of the City's actions. Goal lA of the Urban Forest Management Plan (UFMP) which is quoted in two places implies that the City's current undertaking is supported by the UFMP. It is not; the UFMP clearly states for private lands, the UFMP would guide education and incentives to encourage good tree management practices. For context, Goal I is to update tree regulations to reduce clearcutting and other development impacts. She encouraged the Council and anyone listening to read the goals on page 8 of the UFMP if there were any concerns about her statements. The memorandum also states interest was expressed by members of the Planning Board, City Council and public in expanding tree regulations as justification for the current action. The memo does not include any indication of the feedback provided during the development of the UFMP which clearly states public engagement on urban forest issues has demonstrated that the public is generally satisfied with the City's activities on public property, but prefers to have the City only provide guidance and education as opposed to regulation when it comes to stewardship of trees on private property (page 56). Ms. Seitz said the memo appears to unbalanced because it selectively chooses what feedback to include and does not include any of the public feedback information from the UFMP. It is not fair, transparent, or good public practice for the recent view of the Planning Board, City Council and select public referenced in the memo to outweigh the entirety of the UFMP process and public outreach. Page 2 of the memo lists six options for regulating the maintenance of private trees and she questioned why it did not include a no action Edmonds City Council Draft Minutes June 1, 20221 Page 9 Packet Pg. 22 7.1.a alternative. Having decided on a whim to do this with an emergency ordinance, she questioned why the Council could not decide it is a flawed idea and presented that as an option. She suggested including more options that target un-treed properties as they are clearly the source of the tree canopy coverage. Generally environmental stewardship laws try to target the polluters and not those involved in beneficial stewardship which is why these types of regulations backfire. She referred to the paragraph regarding equity issues that only scratches the surface on the effects of requiring tree retention in less developed, poorer properties and spending more than a page discussing view corridors. (Written comments submitted to PublicComment@Edmondswa.gov are attached.) 7. APPROVAL OF THE CONSENT AGENDA ITEMS COUNCILMEMBER FRALEY-MONILLAS MOVED, SECONDED BY COUNCIL PRESIDENT PAINE, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: 1. APPROVAL OF COUNCIL SPECIAL MEETING/BUDGET RETREAT MINUTES OF MAY 8, 2021 2. APPROVAL OF COUNCIL MEETING MINUTES OF MAY 25, 2021 3. APPROVAL OF CLAIM CHECKS AND WIRE PAYMENTS 8. COUNCIL BUSINESS 1. AMENDING ECC 10.80 SALARY COMMISSION HR Director Jessica Neill Hoyson explained there are two primary amendments, 1) changing the regular cycle of the Salary Commission from every two years to every four years, and 2) selecting Salary Commission members in the year in which the Commission meets. The Commission has had fairly consistent recommendations with regard to changes in compensation for the Mayor and City Council, but a significant amount of staff hours are needed to support the commission. That seemed to indicate a four- year cycle would utilize the City's resources more effectively. Councilmember Buckshnis asked why these changes were being proposed now, relaying that a lot of people are wondering why the Council is the topic of many procedures. The last Salary Commission recommended creating a job description and said the salaries were not commensurate with the amount of work. The Salary Commission did not interview all Councilmembers and did not interview her when she was Council President in 2014. She questioned the estimate of 150 staff hours, noting although that was a lot, it was spread over two or four years. When she inquired about the estimate, she was told the City did not dedicate that much time to the commission. She reiterated her question of why now. Ms. Neill Hoyson answered it seem appropriate to do it now coming out of COVID and possibly holding Council and Mayor salaries flat while the City's financial resources are determined. She was uncertain who Councilmember Buckshnis spoke with regarding the time allocated to the commission; she spoke with those who actually did the work, staff that supported it and the consultant as well as the former HR Director and all confirmed the amount of staff time required to support the commission. She acknowledged it was an estimation as staff did not keep track of the exact hours; the estimate was 5-10 hours/week beginning in March. Councilmember Buckshnis asked why the commission's recommendation to develop a job description was not followed. Ms. Neill Hoyson responded it would be very odd to have a job description for Council; she was unaware of any other cities that have a Council job description as Councilmembers are not employees. If the intent of a job description is to more accurately compare the work the Edmonds' Council does to other comparable cities, a job description is unlikely to achieve that. Councilmembers' duties are outlined Edmonds City Council Draft Minutes June 1, 20221 Page 10 Packet Pg. 23 7.1.a in the RCW; every City and Council does that differently and every Councilmember does that work differently and may devote different amounts of time. A job description would just restate what the Council is authorized to do per the RCW and would not address compensation issues versus an employee where the job description identifies level of authority, years of experience, education requirements, independence, etc. While she understood the commission said a job description would be helpful, she disagreed. Councilmember Buckshnis commented there were four new Councilmembers last year and she recalled a Councilmember saying it would have been beneficial to have an understanding of the roles of Council President. Many things could be included in a job description, not just related to compensation. The commission spent a lot of time and provided some examples and she was concerned the City was not pursuing their recommendations. Council President Paine raised a point of order, requesting Councilmember Buckshnis speak to the content and not the experience of other Councilmembers. Councilmember Buckshnis said she was speaking about the legacy of why a job description would be helpful. Council President Paine expressed concerned about equity and whether this has gone through an equity analysis with regard to the pay and the salary structure. She was not opposed to the proposed changes, but felt there needed to be an equity analysis. Compensation changes have been consistent over the years, but it does not provide information about who is able to be part of the City Council. She recalled comments in the commission's past reports that the pay is fairly low so the result is hobbyists rather than valuing the time. She supported doing an equity analysis as part of the next Salary Commission's work. Councilmember Fraley-Monillas observed the Salary Commission meets every two years. Ms. Neill Hoyson advised the current code requires the commission met every two years in odd numbered years. Councilmember Fraley-Monillas relayed the Council does not have to accept the commission's findings. Ms. Neill Hoyson answered once they are submitted to the City Clerk, the Council has no authority to accept or reject their proposals. Councilmember Fraley-Monillas recalled at one point the Council disbanded the Salary Commission due to an unwillingness to accept their recommendation for an increase. The ability for Councilmembers to do the job is for the voters to decide; there is no measurement tool because Councilmembers are not City employees. She agreed the salary was low, recalling $0.19-0.20/hour was suggested, but it is not necessarily something that people do for the money. However, unless a Councilmember has another source of income, they cannot afford to be on Council. Someone working full- time may not be unable to participate in everything the Council does. Councilmember Distelhorst expressed support for an equity analysis, noting a lot of work is occurring in the City related to evaluating departments, and it would be appropriate to apply this to that work. He asked how four years was determined rather than three, noting four years seemed like a long time. With regard to continuity of membership and not having to reinvent that process, commissioners can serve two terms but as proposed essentially everyone would be up for reappointment. Ms. Neill Hoyson answered the term would only be during the time the commission meets because there is no work for them to do outside of when they meet to establish salaries of elected officials. Having commissioners in their position only during the time the commission is meeting is administratively more manageable. With regard to four years, that seemed like a reasonable amount of time given the history of consistent changes, often no changes. Reappointment to two terms is established per RCW. Councilmember L. Johnson commented while serving and prior to serving it was hard to ignore that a certain level of privilege was required to serve on Council which results in at least to some degree a consolidation of power among a somewhat similar subset of the community, leaving out a large subset of the community. The City is working on using an equity lens across the board in the City While she appreciated that the administration was additionally burdened right now especially with COVID and that Edmonds City Council Draft Minutes June 1, 20221 Page 11 Packet Pg. 24 7.1.a resources were stretched, she was concerned with pushing this off without a clear picture of how to apply an equity lens so who is represented on Council can be expanded. She hoped to continue this discussion and come back with a broader picture of what this might look like. Councilmember Olson questioned the urgence of this action. It seemed that the Salary Commission members learned of this by Councilmembers asking them questions versus staff consulting them. She recalled Ms. Neill Hoyson mentioning she spoke with the consultant and staff and suggested input from the commission may be of value. Ms. Neill Hoyson said staff did not speak to any current commissioners regarding the proposed change. The urgency is if the commission convenes this year, it needs to happen in July which will require notifying people about appointment to the commission; several commissioners' terms expired at the end of last year. Councilmember Olson asked if former salary Commission members were contacted. Ms. Neill Hoyson said no Salary Commissioners were contacted. Councilmember Olson appreciated staff considering a three or four year meeting cycle, agreeing a two-year cycle may be a bigger use of resources. She referred to language she provided to staff and bcc'd to Council regarding continuity. City Attorney Jeff Taraday observed a majority of Councilmembers have raised concerns about equity and making the City Council positions more accessible to a broader array of community members by making it more of a living wage. It is unlikely a Salary Commission would get the Council to that place based on previous Salary Commissions' results. If that is the direction the Council wants to go, the path would be to disband the Salary Commission, have the Council set salaries for future Councilmembers, not their own, and they can be set as high or as low to accomplish those policy aims. That is allowed under state law because the Council will not be setting its own salaries. If the Council wants to undertake an equity approach to the Council salary, that is the way to accomplish it. Ms. Neill Hoyson agreed if the Council's intent was a full-time living wage for Councilmembers, convening the Salary Commission this year would not achieve that. Councilmember Buckshnis recalled the Salary Commission was disbanded in 2014. If the Salary Commission is disbanded and the Council sets its own salary, she asked what happens to the Mayor's salary and does a Salary Commission need to be established to set the Mayor's salary. Mr. Taraday recalled the Council set the Mayor's salary. Ms. Neill Hoyson said that year that the Council disbanded the Salary Commission, the Council did not receive an increase and the Mayor was given a COLA. Councilmember Buckshnis asked if the Salary Commission meets in off years when there are no elections. Ms. Neill Hoyson answered the Salary Commission meets every two years in odd years; moving to every four years would still have it occur in odd years. If that was the intent, a three year cycle may not meet that intent. Councilmember Buckshnis recalled former Councilmember Joan Bloom was also interested in the issue of equity. She relayed Councilmembers do not do full-time work, but the salary should be more than $1000/month. Councilmember K. Johnson supported the way the Salary Commission was established. There were staggered three-year terms and they provided information between July 1st and September 30t''. She preferred to continue with that process and found no compelling reason to change it at this time. Because it is a five member commission with staggered terms over three years, it is possible to have two vacancies. She urged the Council to continue with the existing Salary Commission process and not make any changes at this time. Edmonds City Council Draft Minutes June 1, 20221 Page 12 Packet Pg. 25 7.1.a Councilmember Fraley-Monillas asked when the Mayor's salary was last increased. Ms. Neill Hoyson answered the Mayor has received a COLA each year; the last one was in 2021. Councilmember Fraley- Monillas asked when it was last increased besides COLA. Ms. Neill Hoyson said she researched back to 2012 and it has only been a COLA since then. She offered to research that further. Councilmember Olson asked whether information from the commissioners could be included in the narrative next week. There has been a lot of information from several parties for consideration today, but the commissioners seems to be a missing element. That would also give Council time to think about what they have heard. Ms. Neill Hoyson asked what information she was looking for from commissioners, whether it was input on the proposed changes. Councilmember Olson answered she was interested in their perspective on sunsetting, whether continuity was of value, and the change from a two year cycle to a four year cycle. 2. PROCESS FOR REVIEWING HOUSING COMMISSION RECOMMENDATIONS Development Services Director Shane Hope recalled at the May fl' meeting the Council was close to approving a process for reviewing the Housing Commission's recommendation. At the conclusion of the May 11t1i, meeting it was agreed it would only take a few minutes to decide which policy ideas to consider first. She explained reviewing recommendations from the Housing Commission does not mean the Council is approving them, just that they are trying to get a fuller sense of them and determine the need for more details and other work to be done. For example, after the Council's initial review of idea, they could decide to have the Planning Board work on it further, provide the Planning Board direction or comments, variations on the idea, more details, etc. For the policy recommendation that do not require Planning Board review, the Council could direct staff to return with more detailed information. Ms. Hope explained at the May 11' meeting, Councilmembers were split on Option 1, divide the work first, or Option 2, start simple. A hybrid of the approaches was possible and Council could even have a study session later this month to review a short list of items. In a hybrid approach, Council could divide up the work and refer some things to the Planning Board this year, knowing that all Planning Board recommendations will come to the Council for further work and final decision, and address a couple things that do not need Planning Board input. The remaining items, especially the more complex ones, could get started later, probably in 2022. In that approach, the Council could begin with 2-3 items of low to moderate complexity for the Planning Board to start working on this year and maybe one item the Planning Board could work on after a budget allocation. For the Planning Board this year, the Council could do an initial review of a short list of recommendations. Ms. Hope displayed the Housing Commission Policy Aspects Table: Housing Commission Subject to PB Level of Need for Est. Min. Time Policy Review Complexity Outside For PB Consultant consideration Missing middle housing Yes ig Probably not 4-6 mo. in single family neighborhoods Equity housing incentives Yes High Probably not 4-6 mo. Medium -density SF Yes High Probably not 4-5 mo. housing Neighborhood village Yes High Yes 8-9 mo. subarea planning Cluster/cottage housing Yes Moderate Probably not 4 mo. Detached accessory Yes Low No 3 mo. dwelling units Edmonds City Council Draft Minutes June 1, 20221 Page 13 Packet Pg. 26 7.1.a Multi -family tax No Moderate Probably not exemption (MFTE) Inclusionary Zoning Yes High Probably not 4-5 mo. Existing Sales Tax for No Low No Affordable Housing County Sales Tax for No Low No Affordable Housing HASCO ILA No Low No Development of Housing No Low No Partners Multi -family design Yes Moderate Probably Yes 4-5 mo. standards Parking Solutions as Yes Moderate No, not at this 2-4 mo. Comp Plan goal stage Discriminatory No Low No Provisions in Covenants & Deeds Note: Est. time for PB consideration includes the PB process and simultaneous staff time. Some of the policies, such as items 6 and 7 above, could be considered together Ms. Hope explained the most likely items for a short list of ideas for initial review seem to be: • Detached accessory dwelling units (low complexity) • Cluster/cottage housing (moderate complexity) • Multi -family design standards (moderate complexity) • Neighborhood village subarea planning (high complexity and likely will need a budget allocation) Ms. Hope explained the Council could also work on non -Planning Board items later this year by considering: • Discriminatory provisions in covenants & deeds (low complexity) • Development of housing partners (low complexity) In 2022 after the Planning Board begins work on a short list, the Council could review the remaining ideas and provide direction/comments to the Planning Board. The Planning Board would do their work and provide recommendations to the City Council for further consideration, public input, Council changes, final decisions. Ms. Hope said if the Council concurs with this approach, staff will work with the Council President to schedule an initial review of the short list of items, possibly at a special study session this month. A study session, open to the public, would allow a more focused look without other City business on the agenda. If a study session is not possible, it will be worked into the Council's regular agenda. She asked for Council input on, 1) whether the Council agrees with staff bringing back the short list of items to Council for initial review, and 2) is the Council willing to have special study session focused on the short list of items rather doing it at a regular Council meeting. Councilmember K. Johnson said the May 1 I' minutes suggest selecting two general recommendations and two Planning Board recommendations. However, tonight Ms. Hope identified three general recommendations and four Planning Board recommendations. She asked if those should be reduced to just two. Ms. Hope recalled there was a suggestion to identify two items for the Planning Board and two non - Planning Board items. She also recalled a suggestion for three Planning Board items, one simple, one moderate and one complex. She was uncertain that it was decided that there would only be two. Edmonds City Council Draft Minutes June 1, 20221 Page 14 Packet Pg. 27 7.1.a Councilmember L. Johnson was in favor of a special study session later this month. She appreciated the items Ms. Hope identified for a short list such as having the Planning Board look at DADUs and cluster/cottage housing, items the Planning Board has expressed interest in. She agreed multifamily design requirements were also an important component because that will provide the Council and the general public a visual and will answer a lot of questions. It will be difficult to move forward with discussions on cluster/cottage housing and even DADUs without the multifamily design requirements. She supported those moving forward in tandem. Councilmember Buckshnis expressed support for a special session. Her concern is the Council has not discussed the vision for Edmonds. If the input on the survey was followed, there would be no upzoning, no DADUs and only single family homes. She asked if the study session will include looking at the Comprehensive Plan and the policies in the housing element and whether those need to be changed. Ms. Hope envisioned that would be part of presenting the short list of items or any of the Housing Commission work. In the Comprehensive Plan, the Council set the vision for future; it is multi -faceted. Councilmember Buckshnis agreed with the need for reviewing multifamily design requirements. She asked if the Housing Commission policies that Ms. Hope selected were from the list of Housing Commission policies that identified level of complexity. Ms. Hope referred to the table on page 181 in the packet that listed all 15 of the Housing Commission's policy recommendations. There is a column "Subject to PB Review," nine of the policies are subject to Planning Board review. The level of complexity, high, moderate or low, was somewhat of a value judgment. At least a couple of the policies will require an outside consultant but most will not. There was no final decision on May fl' regarding which items to move forward so that is the intent of tonight's agenda item. She emphasized the Council's review of the policies would not be decisions on the policies, just gathering more information to make a decision about next steps or to forwarding them to the Planning Board. Councilmember Buckshnis said the City has a lot of middle housing stock in 1950s-1980s houses. Neighborhoods are changing, houses are being razed and larger houses are being built. The Council also needs to consider the Comprehensive Plan and the impacts of additional housing on the environment and stormwater. Ms. Hope said that would be part of the consideration and discussion if any of them go to the next step. It may take months to gather all the information to make a decision. The Housing Commission recommendations were at a broad level; implementation could vary and would have different impacts. The intent is just to start. Council President Paine expressed support for a special meeting. She would like to have the Planning Board start on a couple of the items Councilmember L. Johnson mentioned, envisioning that would be a good way to kick things off and begin to form the direction. Councilmember Distelhorst said the input he provided last month was incorporated in what Ms. Hope said. He welcomed a special study session on housing issues. Councilmember Buckshnis asked Ms. Hope what she expected from Council tonight. Ms. Hope asked the Council to confirm whether the short list of policies sounded reasonable to begin looking at and whether to schedule a special study session. The list for Planning Board would include DADUs, multifamily design, cluster/cottage housing and possibly subarea planning later because it will need a budget allocation. Items that do not require Planning Board review include discriminatory provisions in covenants & deeds and possible options for community and regional partnerships. Councilmember Buckshnis asked how DADU and cluster/cottage housing were selected. Ms. Hope it was discussed at the May I I' meeting and several Councilmember thought those would be useful. DADUs are one of the simpler things for the Planning Board to consider. Councilmember Buckshnis said someone sent Edmonds City Council Draft Minutes June 1, 20221 Page 15 Packet Pg. 28 7.1.a her a picture of a DADU and it looks like just another house. She was concerned about upzoning and not having transition zones. Citizens need to know where and how rather than everything being carte blanche. Hearing no opposition, Ms. Hope assumed there was Council consensus to proceed with those items and schedule a special study session. 3. STAGE 2 TREE ISSUES Development Services Director Hope said this is a follow up on an issue the Council has considered over several months. The Council adopted new regulations related to development following up on the UFMP and other work. Council has also been interested in doing things beyond that. Environmental Program Manager Kernen Lien explained when the Council was working on tree code regulations that applied to developing sites, a number of Stage 2 items were identified for future updates. Some are underway now and nearing completion such as Inventory of Downtown Trees, Street Tree Plan Update, and Tree Canopy Assessment. He displayed a list of Upcoming Tree -Related Items and Timing, explaining the shaded items will go to the Planning Board and the Planning Board has requested clear direction from Council on those items. Item Timing Inventory of downtown street trees Q2 2021-Q3 2021 Inventory of other public trees 2022 or TBD Street Tree Plan update Q2 2021-Q4 20221 Tree canopy assessment Q2 2021-Q3 2021 Heritage Tree Program Q32021-Q4 2021 Tree Canopy Goal Q3 2021 Assessment of staffing and other resource needs Q2 2021 -2022 or TBD Incentive program using stormwater utility fee reductions Q4 2021-2022 or TBD Exploration of other incentive programs 2022 or TBD Open space acquisition Q4 2021-2022 or TBD Tree retention on private property (not related to development) Q4 2021 Partnerships with other organizations Q3 2021 — 2022 or TBD Annual reports on City tree activities Q2 2021 Tree give-away program 2022 or TBD View corridors wr2022 or TBD RP Wildlife & habitat corridors Q3 2021-Q4 2021 Expanded public education & Information Q3 2021 — 2022 or TBD Stormwater & watershed Analysis Q4 2021-2022 or TBD Other tree -related issues 2022 or TBD Mr. Lien reviewed: Tree Regulations on Private Property o Goal 1 - Maintain or enhance citywide canopy coverage The city has limited information about the condition of the urban forest. Success with this objective will be achieved with enhanced management of public trees and a deeper understanding of the population of trees on private property. The following actions will support this objective: A. Update tree regulations to reduce clearcutting or other development impacts on the urban forest and to consider changes to tree replacement requirements and penalties for code violations o Goal 3 -Incentivize protecting & planting trees on private property Edmonds City Council Draft Minutes June 1, 20221 Page 16 Packet Pg. 29 To ensure success with enhancing the tree canopy, the city recognizes that voluntary public participation must be encouraged. The following actions will support this objective. Equity o Edmonds is a varied city that has developed over many years. o In some areas, large swaths of native trees have been cut — as part of intense urban development o Elsewhere, many trees remain, due to limited incentives to remove them or perhaps the landscape did not encourage their removal (e.g. steep slopes or stream corridors) o Equity concerns should be considered o A balancing of private property rights with public benefit should be considered Options for Tree Retention on Private Property Not Related to Development 1. Require fee permit for removal of any significant tree (6 inch DBH) 2. Allow X number of trees on a given property to be removed over a period of time 3. Allow X number of trees less the 24 inch DBH to be removed over a period of time 4. Require paid permit for removal of more than the allowed number of trees and for removal of 24 inch DBH trees 5. Review retention requirements for all of the above, or only when permit is required? 6. Consider whether all residential properties should be required to have minimum number of trees Heritage Tree Program o UFMP Goal LD Develop a voluntary heritage tree program 1. Completely voluntary program. Designated Heritage Tree to be removed from Heritage Tree Program at owners desire 2. Property owner voluntarily designates Heritage Tree, but Heritage Tree must be protected and only removed if hazard or nuisance 3. Anyone may nominate a Heritage Tree regardless of property owner's consent and Heritage Tree must be protected Views o UFMP recognizes views, but does not include in specific goals related to view protection o Public view corridors vs. private view protection o City would be arbitrator between property owners o State has strong protections regarding private property rights and city will have limited ability to enforce restrictions on one property to protect the view afforded another o Other considerations include critical areas View Options o Establish "view sheds" or "view areas" a. Limit mature tree height to allowable zoning height b. Require a "view corridor" over a percentage of the property line where trees could not be planted o Establish process where trees may be removed if they grow into a view in a "view area" o If city pursues regulations regarding private views other factors need to be considered such as critical areas Habitat Corridors o Largely protected by critical areas o Education ■ Stormwater crews ■ Partner with organizations such as Stream Keepers and Students Saving Salmon o Critical area Habitat and Species of Local importance o Tree canopy assessment Incentives o Goals 3 — Incentivize protecting & planting trees on private property Edmonds City Council Draft Minutes June 1, 20221 Page 17 Packet Pg. 30 To ensure success with enhancing the tree canopy, the City recognizes that voluntary public participation must be encouraged. The following actions will support this objective: A. Have a program of giving away trees and/or tree vouchers for use in Edmonds B. For properties that retain a certain amount of tree canopy cover, explore establishment of: i. A property tax "rebate" applicable to the City portion of property taxes; and/or ii. A stormwater utility fee reduction; and/or iii. Other techniques that provide a financial recognition of the benefits of tree planting and protection. C. Develop a certification/awards program to publicly recognize property owners that maintain a certain amount or type of healthy trees Mr. Lien relayed staff was seeking direction from direction from Council on what they wanted to see in the Stage 2 Tree Update related to the options for tree retention on private property not related to development: Councilmember Buckshnis asked why it was necessary to charge any fees when the goal was to keep track of trees being cut down. She asked why the City would want to require a fee permit for 6 inch tree. Mr. Lien referred to the list of options on page 186 for tree retention on private property not related to development. He was not recommending a fee, but that was one of the options for Council to consider. With that option, if someone wanted to remove a tree, a permit could be required with a minimal fee. Options 2 would not require fee permit but would require documentation. Property owners would be allowed to remove X trees of any size per year; it would not require a permit or fee, but documentation would need to be submitted so the City could track it and ensure they were not asking to remove more than the number of trees they were allotted. Option 3 would allow property owners to remove X number of smaller trees. Option 4 would require a permit to remove more than the allowed number of trees or removal of 24" DBH trees. If permits are required for removal, even the 24" DBH trees, it will be necessary to establish criteria; why would the City say no to removing those trees, are they allowed outright, is a permit required to review a replanting plan, etc. Options 5 and 6 refer to retention requirements and a minimum number of trees on the property. He summarized a fee permit for any tree removal is option as well as no fee but documentation. Councilmember Buckshnis preferred Options 1, 2 and 3. She recognized those will be labor intensive and asked whether an analysis had been done regarding additional staff. Ms. Hope said the exact amount of staffing depends on which option the Council selects. There would need to be an urban forester or arborist position to oversee this as well as 1-2 additional staff or more if a more complex process was selected. There are a lot of costs associated with tracking regardless of whether a fee is charged. Councilmember Buckshnis commented on the unintended consequences she has witnessed with the emergency ordinance regarding 24" landmark trees. Homeowners reporting their neighbors to the City for cutting a big tree. She wanted citizens to feel comfortable that they could remove some trees and to understand the environmental reasons for retaining trees. She preferred a no fee permit and only monitoring. Ms. Hope recalled some Councilmembers were interested in staff talking with people who wanted to cut trees and explaining their options. That is a great idea but will also require staff resources. Council President Paine agreed with either free or low cost permitting for trees. She supported some type of permitting process so the City can track what is happening with trees. Before adopting requirements, it will be important to have the canopy assessment to provide a measurement. The Council can then determine a canopy goal/target and how to reach that canopy. Education will be helpful to many homeowners. The program will require resources include urban forestry staff, code enforcement, permit review, and staff who to provide education. Edmonds City Council Draft Minutes June 1, 20221 Page 18 Packet Pg. 31 7.1.a Council President Paine asked if the Planning Board was seeking direction from the Council about a Heritage Tree Program. Ms. Hope said the Planning Board was interested in direction from the Council about a Heritage Tree Program. Mr. Lien said the Heritage Tree Program is separate from regulations for tree retention on private property. The Heritage Tree Program would be a recognition type program, two separate code updates. The Planning Board is seeking direction from Council regarding tree retention on private property not related to development. He provided the six options to give Council something to consider. Councilmember Olson agreed with not requiring a fee. She recalled Bill Phipps referencing Kirkland's code and what he like about it was there was no fee and the city took responsibility for planting elsewhere for some of the trees being removed. There is greater incentive for a property owner to identify the trees they want to remove and get counsel from the city arborist or other knowledgeable source regarding alternatives to removing a tree. The time the Council has spent on the tree code has been very valuable and she thanked staff and citizens for being patient with the time it takes to synthetize inputs and develop good policy. Some of points that have resonated with her are the difficulty to enforce prohibitions, people who are determined to take trees down and people who love trees and therefore bought property full of trees and end up being penalized. Councilmember Olson referred to the question raised during Audience Comments about why the City is doing this. She said the environmental component was the driver, trees are an important part of carbon sequestration and a component in climate change. Protecting the tree canopy not only helps with that but also enhance the aesthetics. With regard to a Heritage Tree Program, she would support a site specific tree program and if it is required in the UFMP, she would support a voluntary program. With regard to views, she referred to vegetation used as a fence. The City legislates how high fences can be, and if someone uses vegetation as a fence, it should not be allowed to be 20 feet tall and block their neighbor's light or view. Mr. Lien said the City has regulated hedge height in the past, but that was removed from the code before he came to the City 13 years go. Regulating hedge height requires the City to be arbitrator between neighbors; one person wants the hedge for privacy and the other wants the hedge removed for view reasons. Councilmember Olson commented the code could be clear if vegetation used as a fence blocked views, it needed to comply with the fence height regulations. That did not mean a property owner could not have a tree in that area, but they could not use a hedge as a fence. Councilmember K. Johnson thanked Mr. Lien for taking a comprehensive look at the Tree Code Stage 2, incorporating a range of options and asking the Council to narrow it down for the Planning Board. She was unsure if that was what staff wanted or if the Planning Board wanted to continue to look at the range of options. Ms. Hope said staff was not asking Council to eliminate any of the options tonight, but to determine next steps for the Planning Board to begin that work. All the other items will come back to the Council in the future. Mr. Lien said the Planning Board was seeking clear direction from the Council regarding what direction to go and what to look at. Tree retention on private property not related to development is the most difficult. If the Council wants to pursue a Heritage Tree Program, that is pretty easy and there are a few options. With regard to tree retention on private property, Council appeared to be interested in an option that did not require a fee; tracking tree removal with no fee. Additional Council direction is needed regarding when a permit is required, whether it is above X number of trees or is it not allowed and a property owner can only remove two trees, or is it limited by size, etc. He asked when a permit would be required. Councilmember K. Johnson agreed with moving the Heritage Tree Program to the Planning Board. She was also interested in wildlife and habitat corridors, relaying her understanding that they were protected under the critical area ordinance but there are large trees in parks and other areas so she encouraged the Edmonds City Council Draft Minutes June 1, 20221 Page 19 Packet Pg. 32 Planning Board to tackle that issue. Wildlife and habitat corridors are important for the tree canopy as well as salmon recovery efforts. Council President Paine agreed with having the Planning Board look at a Heritage Tree Program. She supported a free or low cost tree permit for removal of any significant trees, and suggested having the Planning Board consider Options 2 and 3 along with data from the canopy assessment. She also agreed with looking at wildlife and habitat corridors. Councilmember Distelhorst agreed with providing general direction to the Planning Board regarding Options 2 and 3 and have them consider a no cost tracking permit. The clock is ticking on the emergency ordinance so there is some pressure to ensure the 24" and larger trees are addressed via an update from the Planning Board that will come to Council. He expressed support for Option 1 for a Heritage Tree Program. He has seen how some of the more restrictive options such as Option 3 have been used with buildings where people have applied for landmark status on something they do not own and have no interest in and how that has been weaponized. Councilmember Buckshnis agreed with a Heritage Tree Program. She recalled the Floretum Garden Club and the Tree Board had discussed that and Councilmember Olson provided an example of program that did not need to be codified. She supported doing districting or establishing view/no view areas in the UFMP. Edmonds' real estate market is flourishing and houses with trees are priced differently than houses with views. She was not sure how to diplomatically address view versus no view in the code. She agreed with focusing on wildlife and habitat corridors, no net loss and net ecological gain. A lot of it is related to critical areas but there are also wildlife corridors in non -critical areas. With regard to incentives, she was concerned with opened up a ball of wax, especially related to stormwater issues. She summarized habitat, permitting and view corridors were her top three. Councilmember L. Johnson recommended approaching this as a shared responsibility; the overwhelming responsibility should not be on one subset of the community or homeowners over another. She agreed with Options 2 and 3 for tree retention on private property not related to development, noting the canopy assessment will guide that. The canopy assessment will also guide Option 6, whether all residential property should be required to have a minimum number of trees. Without the information provided by the canopy assessment, it is difficult to decide. With regard to a Heritage Tree Program, Councilmember L. Johnson supported Options 1 or 2 related to a voluntary program. With regard to view corridors, this is related to the equity issue and providing a balance. A number of properties have already been cleared, is it fair to put the burden on those who have not yet removed trees? It will be a delicate balance and will depend on the canopy assessment. She questioned what constitutes a view corridor, observing there are a lot of different views. She referred to comment related to light and asked whether access to light was prioritized for someone living in a view corridor but not for other homeowners which she felt was an inequity issue. The City does not want to be in the business of defining and regulating views and should leave that up to homeowners to do amongst themselves. With regard to wildlife and habitat corridors, she cited the importance of education and incentives. She supported certification for wildlife and habitat corridors similar to a Heritage Tree Program. She was not sold on incentives but neither did she want to rule them out. She would support incentives that were easier to do and did not require as much staff time to monitor. Councilmember Fraley-Monillas said she was not prepared to provide her arguments for and against options tonight. She misunderstood what the Council was doing with this agenda item and will not be stating her preferences but is listening to everyone else and has a good understanding of their priorities. Edmonds City Council Draft Minutes June 1, 20221 Page 20 Packet Pg. 33 7.1.a With regard to the issue of light, Councilmember Olson agreed that related to equity; it could arise anywhere and was not exclusive to the bowl. Blocking light can be an issue for someone's garden. She strongly favored incentives, agreeing they were complicated to figure out but that was the way to go. The environment is important, and instead of spending money on enforcement and punishment, she preferred to provide incentives for having the right tree in the right place. She felt the City could get better results with incentives rather than punishments. Mr. Lien said he did not assume the Council would complete this tonight; it was intended to provide some guidance. The Council has provided clear direction on the Heritage Tree Program. The direction regarding tree retention on private property not related to development seemed to be no permit but tracking for the removal of a certain number of trees. He will come back to Council to discuss views and habitat corridors in more depth so Council can provide clearer direction. Council agreed. Mr. Lien referenced comments regarding light, noting some jurisdictions have regulations related to solar access.. Mayor Nelson declared a brief recess. He relayed Council President Paine and he conferred during the recess and decided Item 8.5 would be postponed to a future meeting. COUNCIL PRESIDENT PAINE MOVED, SECONDED BY COUNCILMEMBER DISTELHORST, TO EXTEND THE MEETING TO 10:15 P.M. MOTION CARRIED UNANIMOUSLY. 4. PLANNING BOARD RECOMMENDATION TO APPROVE AN AMENDMENT TO CHAPTER 17.75 ECDC, ENTITLED "OUTDOOR DINING," AND A RELATED SECTION IN CHAPTER 17.70 ECDC Development Services Director Shane Hope advised this is not about outdoor dining on sidewalks or streets. Planning Manager Rob Chave advised this is a Planning Board recommendation on an interim ordinance Council adopted at the end of December related to outdoor dining. Although the ordinance was listed, it was not included in packet. He displayed the one -page ordinance and explained on private property, dining is allowed as an outdoor use. Until the interim ordinance, an additional 10% of the indoor seating was allowed as outdoor seating or 12 seats whichever was greater and beyond those limits a Conditional Use Permit (CUP) was required. He commented 10% of the interior seating or 12 seats was not very much and especially during COVID, it came to the City's attention that restaurants needed more flexibility. A CUP goes to the Hearing Examiner and costs thousands of dollars and takes up to three months for approval, making any significant outdoor dining cost and time prohibitive for a typical restaurant/small business. Mr. Chave explained the interim ordinance adopted by Council removed the requirement for a CUP, clarified the need for a building permit for any structures, and for retaining any ADA accessible parking spaces. The original code did not have a limitation on the amount of outdoor dining; the interim ordinance had a limit up to 50% of the existing interior seating and up to 30 seats. The interim ordinance was more generous than what was allowed without a permit, but not as open ended as the original code. The Planning Board held a public hearing and recommended making the interim ordinance permanent. A public hearing at City Council is scheduled on June 15t1i. Councilmember Buckshnis asked how 30 seats versus 40 or 20 was decided when the original was 12. Mr. Chave it was 12 or 10% of the indoor seating whichever was more. Thirty seats seemed like a reasonable number, it could be lower or higher. The 50% was not a magic number but it clearly indicates that outdoor dining was to be a secondary part of the overall operation, not the main part. Under the interim code, the additional outdoor dining could be 50% of the interior or 30 seats. For example, a small takeout place with just a kitchen and no interior seating could have 30 outdoor seats. Edmonds City Council Draft Minutes June 1, 20221 Page 21 Packet Pg. 34 7.1.a Councilmember Buckshnis said the Planning Board minutes did not indicate how 30 seats was determined. She recalled the Planning Board asked about safety issues. Mr. Chave said there is a provision in the interim ordinance that states any dining adjacent to vehicle parking shall be separated by landscaping, curb stop wall or other suitable barrier. That was not in the original code and was added to the interim ordinance as a safety feature. 5. RESOLUTION ADOPTING COUNCIL RULES OF PROCEDURE This item was postponed to future meeting. 9. COUNCIL COMMENTS Councilmember Fraley-Monillas cautioned the Council not to throw things on the agenda for campaign purposes. She was seeing campaigning occurring and did think that gave the citizens a fair shake if Councilmembers were using Council meetings for campaigning. Councilmember Fraley-Monillas reported Memorial Day was wonderful. She went to the cemetery and visited her parents, both of whom were WWII veterans, and her nephew, a Marine serving in the Middle East. Memorial Day is very important for those whose family members served in the military. She was very proud of her parents and her family for serving in the military particularly during WWII. Councilmember Olson reported she was excited to be working toward having 411' of July events. It will be a full press from the entire village to make it happen. She invite volunteers to reach out to the Chamber of Commerce sooner rather than later. There will be a lot of volunteer slots to fill but people with backgrounds directing traffic are particularly needed. She thanked the sponsors and large supporters, they are needed and appreciated. Councilmember Distelhorst reported on the nice event yesterday at the Edmonds Memorial Cemetery and thanked staff, the local VFW and also the Cemetery Board for organizing it. He relayed gun violence is preventable; there were some victories at the legislature this year, but there are many areas where a lot more work can be done. This is a policy choice and he hoped it will continue to be a priority for Edmonds, reducing preventable gun violence in the community. Councilmember Distelhorst reported June 1st is the start of Pride Month. It was sad to see the discriminatory bills from certain state legislatures, especially targeting trans youth, which is representative of how much work still needs to be done in Washington and in other states to ensure LGBTQ+ communities have the same civil rights, healthcare rights, and housing rights afforded everyone. He said we can celebrate and we can do good work. Council President Paine recognized the start of Pride Month. She recognized all the wonderful support she has had from managers and directors in her professional life who have been LGTBQ and the generosity of their support and interest in learning more about public administration. Memorial Day was a lot of fun and she was appreciative of the event at the Edmonds Cemetery and all the volunteers. Councilmember Buckshnis thanked Mayor Nelson for being at the end of the drive -through Memorial Day event at the cemetery. She expressed appreciation to President Biden for honoring the victims of Black Wall Street that marked 100 years yesterday, 100 years ago today Black Wall Street was devastated in Tulsa, Oklahoma. She found it very heartwarming and a wonderful gesture that shows the President recognition that things happened and the need to understand the equity aspect. She recognized the start of Pride Month, recalling three years ago she was on a cruise ship on June 1st along with Maureen Judge, a fun time to be celebrating the joy of being a human being. She said everyone has right the right to do and say and be happy. Edmonds City Council Draft Minutes June 1, 20221 Page 22 Packet Pg. 35 7.1.a Councilmember L. Johnson thanked Mayor Nelson for the proclamation recognizing Gun Violence Awareness Day. She also thanked the three guests, local gun violence prevention advocates, for attending and for their tireless work to raise awareness and address gun violence in the United States. Gun violence is a rampant public health issue. A lot of work needs to be done and she appreciated the work being done to raise awareness. Friday, June 4th is Wear Orange Day, more information about events is available on wearorange.org. She recognized the beginning of Pride Month, June 1st and wished Happy Pride to all. 10. MAYOR'S COMMENTS Mayor Nelson also recognized the start of Pride Month. He reported COVID numbers continue to decrease in Snohomish County, now at 129/100,000; although a decrease, that was the height of the first wave back in early March 2020. In Snohomish County 63% of residents have initiated one vaccine shot, which is on the way to 70%. He looked forward to wearing orange on Friday in recognition of the gun violence that sadly plagues communities. �Kll 11IGU -19\I With no further business, the Council meeting was adjourned at 10:08 p.m. Edmonds City Council Draft Minutes June 1, 20221 Page 23 Packet Pg. 36 7.1.a Public Comment for 6/1/21 Council Meeting: From: Ken Reidy Sent: Tuesday, June 1, 2021 1:35 PM To: Public Comment (Council) <publiccomments@edmondswa.gov>; Public Comment (Council) <publiccomments@edmondswa.gov> Cc: Hope, Shane <Shane.Hope@edmondswa.gov>; Williams, Phil <Phil.Wllliams@edmondswa.gov>; Taraday, Jeff <jeff@lighthouselawgroup.com>; Nelson, Michael <Michael.Nelson @edmondswa.gov>; Council <Council@edmondswa.gov>; Judge, Maureen <Maureen.Judge@edmondswa.gov>; Neill Hoyson, Jessica <Jessica. Neil IHoyson @edmondswa.gov> Subject: Public Comments for the June 1, 2021 City Council Meeting My Edmonds News reported in January 2021: -Neither Nelson nor Neill Hoyson answered the questions we have raised. We have again asked the mayor for an interview. -Susan Paine and Laura Johnson have not answered questions we sent them about this. Why is Council working on a Code of Conduct when nobody enforces the Code of Conduct and Code of Ethics that are already in place? Specifically: For Neill Hoyson: 10.1 GENERAL CODE OF CONDUCT The City's primary function is to provide service to the citizens of Edmonds. To achieve that goal, all employees are expected to treat the public as their most valued customer. CU All employees are expected to serve the public in a professional manner, which is courteous, o efficient and helpful. c Ms. Hoyson has refused to answer all my emails. Despite this, she still works for the City. For r example, she prepared an agenda packet for Council about extending the acting appointment 9 of Jim Lawless in January of 2021. Why was she allowed to make her subjective points about r intent, etc. to Council when she refuses to answer the emails and questions from citizens represented by Council? Should she be allowed to participate in Council meetings prior to the Mayor informing Council whether he ever will enforce 10.1 GENERAL CODE OF CONDUCT? r r For Nelson, Paine and Laura Johnson: Q Code of Ethics: Keep the community informed on municipal affairs and encourage communications between the citizens and all municipal officers. Emphasize friendly and courteous service to the public and each other; seek to improve the quality of public service, and confidence of Edmonds City Council Draft Minutes June 1, 20221 Page 24 Packet Pg. 37 7.1.a citizens. Refusing to answer citizen emails is not friendly and courteous service to the public and certainly does not improve the quality of public service or confidence of citizens. Please do not pass a new code of conduct without openly discussing ongoing violations regarding the current Codes we already have and disclosing to citizens how the Codes we already have will be enforced now and in the future. My Edmonds News also reporting in January of 2021 that: The three other councilmembers said the city never alerted them. Diane Buckshnis, Vivian Olson and Kristiana Johnson told us they only found out about the domestic violence and career concerns after Olson obtained the federal records and sent them to human resources, the mayor and council. So, it is not just citizens that are kept in the dark? Again, please do not pass a new code of conduct without openly discussing ongoing violations regarding the current Codes we already have and disclosing to citizens how the Codes we already have will be enforced now and in the future. Please also review the Code of Ethics, expand it so it covers City Staff and provide procedures for enforcement. Please consider establishing external infrastructure and process that counsels and mediates when conduct and ethics become a concern. Thank you. From: Bill Herzig Sent: Saturday, May 29, 2021 10:48 AM To: Public Comment (Council) <publiccomments@edmondswa.gov> Subject: Single Family Zoning in Edmonds N Edmonds is already a fairly dense city as measured against other towns in the Puget Sound N region, and we have 700 units, mostly multi -family in various stages of development at present. o This number puts Edmonds ahead of it comprehensive plan growth targets. o Edmonds already has over 36% of it's housing stock in multi family housing, likely on its way to over 40%, with the current units in development. E r Over 60% of Edmonds citizens surveyed stated they did not want the Single Family zoning Q changed. There is NO JUSTIFICATION for eliminating single family zoning in face of these statistics!! We do not want Edmonds trashed by developers like Ballard has been. Edmonds City Council Draft Minutes June 1, 20221 Page 25 Packet Pg. 38 7.1.a We will be watching the City Council to see if they do what the Citizens of Edmonds clearly want and deserve, or if they are operating on a political agenda against the will of the Citizens of Edmonds. Bill Herzig Edmonds, WA From: Audrey McLaughlin Sent: Thursday, May 27, 2021 6:01 PM To: Public Comment (Council) <publiccomments@edmondswa.gov> Subject: Yost Pool Comments Hi there, My name is Audrey. I've lived in Edmonds my whole life and had some of my best memories and friendships have come from yost pool. I always loved the casual feel of our little community pool. I really have been missing swimming there and was excited to get back into it since covid. Then I read that our pool was being taken over by a private swim team and we would need to try out. I think that we should do everything in our power to prevent this so that everyone can enjoy having a place to swim without the pressure of harsh competition. I also think this is not fair because many people do not have access to places to practice or the money to be in a private swim team in the first place. This would remove many of the things people love about yost. Even if the cascade had no other place to practice, surely we could incorporate time for the penguins to practice so that anyone could swim if they wanted to. I hope you consider. Audrey McLaughlin N O N From: debbie mccallum o Sent: Wednesday, May 26, 2021 7:28 AM Q 0 To: Public Comment (Council) <publiccomments@edmondswa.gov> Subject: Public Comment E Citizens of Edmonds.... a Private property is the foundation of every right we have and is legally protected by law and the Constitution. When did we, the citizens of Edmonds, grant the right to create and impose restrictive codes to seven people? Trees on private property, with the exception of those in Edmonds City Council Draft Minutes June 1, 20221 Page 26 Packet Pg. 39 7.1.a environmentally sensitive areas, should never be under city authority. Certainly it is unfortunate when any sizeable tree is removed, but that decision is the right of the tax paying property owner and has absolutely no place in city discretion. In an urban setting with limited property sizes, "heritage" trees are often times dangerous and can be a nuisance and unwanted for a variety of reasons, none of them the 'business' of over -reaching council members or city employees. If you believe that the city will reach responsible conclusions about tree removal consider the plight of my neighbors: a cedar located on level ground stands on their shared property line less than fifteen feet from the foundations of their homes, with five inches of space between the trunk and each driveway, and, astride all utilities, including water and gas. In addition, the tree is a constant source of debris which falls into the gutters and on the roofs with massive threatening branches that hang over both structures. They were denied the ability to rid themselves of (their) tree, which is clearly a hazard. The City of Edmonds has used Covid to surreptitiously, and successfully, mask decisions that affect all citizens, confident in the knowledge that the majority of us are not paying attention because there are not in -person meetings that can be attended or easy -to -watch meetings on the local channel. If there is any dispute to this fact I would remind city officials of the open council meeting a few years ago where the public, so tightly packed that there was standing room only, even in the hallways, vociferously argued against any misplaced notion of control that the city dreamed they might usurp concerning trees. The message was loud, clear and sometimes angry: our trees are beyond the scope and control of the city, with the exception of those within critical areas. The institution of private property is our right by law and any action by the council to supersede is an infringement of our civil liberties. Debbie McCallum N O N O W O r C d E L V Q Edmonds City Council Draft Minutes June 1, 20221 Page 27 Packet Pg. 40 7.2 City Council Agenda Item Meeting Date: 06/8/2021 Approval of claim, payroll and benefit checks, direct deposit and wire payments. Staff Lead: Dave Turley Department: Administrative Services Preparer: Nori Jacobson Background/History Approval of claim checks #247554 through #247635 dated June 3, 2021 for $454,377.42 (re -issued check #247590 $465.84) and wire payment of $334.05. Approval of payroll checks #64685 through #64695 dated May 28, 2021 in the amount of $53,758.65 for Law Enforcement Support Services contract retroactive pay, direct deposit and checks #64696 through #64699 for $622,919.59, benefit checks #64700 through #64704 and wire payments of $649,943.53 for the pay period May 16, 2021 through May 31, 2021. Staff Recommendation Approval of claim, payroll and benefit checks, direct deposit and wire payments. Narrative In accordance with the State statutes, City payments must be approved by the City Council. Ordinance #2896 delegates this approval to the Council President who reviews and recommends either approval or non -approval of expenditures. Attachments: claims 06-03-21 wire 05-28-21 FrequentlyUsedProjNumbers 06-03-21 Police Support retro payroll summary 05-31-21 payroll benefits 05-31-21 Packet Pg. 41 7.2.a vchlist 06/03/2021 9:38:02AM Bank code : usbank Voucher Date Vendor 247554 6/3/2021 076040 911 SUPPLY INC 247555 6/3/2021 070322 A&A LANGUAGE SERVICES INC Voucher List City of Edmonds Invoice PO # Description/Account INV-2-10305 INV-2-10305 - EDMONDS PD - AWAI BLACKINTON COMMENDATION BAI 001.000.41.521.10.31.00 BLACKINTON STAR MEDALS 001.000.41.521.10.31.00 Freight 001.000.41.521.10.31.00 10.4% Sales Tax 001.000.41.521.10.31.00 INV-2-10366 INV-2-10366 - EDMONDS PD - MOO BALLISTIC VEST 001.000.41.521.22.24.00 CONCEALABLE CARRIER 001.000.41.521.22.24.00 TRAUMA PLATE 001.000.41.521.22.24.00 EXTERNAL CARRIER 001.000.41.521.22.24.00 SAFARILAND ID PANEL 001.000.41.521.22.24.00 HEAT PRESS EDMONDS 001.000.41.521.22.24.00 2 NAME TAPES 001.000.41.521.22.24.00 2 VELCRO 001.000.41.521.22.24.00 10.1 % Sales Tax 001.000.41.521.22.24.00 Total 15-89337 INT - TAGALOG - 9Z0172807 INT - TAGALOG - 9Z0172807 001.000.23.512.50.41.01 15-89662 INT - CAMBODIAN - XZ0817470 Page: 1 aD L 3 c �a .y Amoun 0 a aD r CU d 97.5( N 732.5( m 20.2E u m 88.4< c 880.0( f° 0 L 80.0( a 20.0( E ca 200.0( ,- 0 10.0( > 0 a 10.0( Q 16.0( N c%) 10.0( m 0 123.8( E 2,288.51 'M c aD 170.0( t U �a Q Page: 1 Packet Pg. 42 vchlist 06/03/2021 9:38:02AM Bank code : usbank Voucher List City of Edmonds Voucher Date Vendor Invoice PO # Description/Account 247555 6/3/2021 070322 A&A LANGUAGE SERVICES INC (Continued) INT - CAMBODIAN - XZ0817470 001.000.23.512.50.41.01 15-89690 INT- ROMANIAN - 1A0350272 INT- ROMANIAN - 1A0350272 001.000.23.512.50.41.01 15-89712 INTERPRETER MALAYALAM P1591( INTERPRETER MALAYALAM P1591( 001.000.23.512.50.41.01 15-89743 INT - TAGALOG - 9Z0172807 INT - TAGALOG - 9Z0172807 001.000.23.512.50.41.01 15-89757 INT- SOMALI - lA0443989 INT- SOMALI - lA0443989 001.000.23.512.50.41.01 Total: 247556 6/3/2021 065052 AARD PEST CONTROL 45186 F.A.C. - PEST CONTROL F.A.C. - PEST CONTROL 001.000.66.518.30.48.00 10.4% Sales Tax 001.000.66.518.30.48.00 45290 WWTP: 5/26/21 PEST CONTROL SE Pest Control Service 423.000.76.535.80.41.00 10.4% Sales Tax 423.000.76.535.80.41.00 Total 247557 6/3/2021 078373 ACHIEVEMENT MARINE 1297 WWTP: REPAIR DIESEL TRANSFEF REPAIR DIESEL TRANSFER PUMP 423.000.76.535.80.48.00 10.4% Sales Tax 423.000.76.535.80.48.00 Total 7.2.a Page: 2 a� L 3 c �a Amoun N 0 a m 170.0( u L_ 170.0( m 170.0( m c a� 170.0( �a 0 170.0( `>, 1,020.0( a E U 325.0( IS �a 33.8( o L a a Q 73.0( N 7.5� o 439.35 c E 2 450.0( U c a� 46.8( E 496.8( U Q Page: 2 Packet Pg. 43 vchlist 06/03/2021 9:38:02AM Voucher List City of Edmonds 7.2.a Page: 3 a� L 3 Bank code : usbank c �a Voucher Date Vendor Invoice PO # Description/Account Amoun N 247558 6/3/2021 064088 ADT COMMERCIAL 140119378 LIBRARY - LABOR & INSTALL OF AC 0 m LIBRARY - LABOR & INSTALL OF AC 001.000.66.518.30.31.00 618.5( u 10.4% Sales Tax L 001.000.66.518.30.31.00 64.3, Total: 682.8, m 247559 6/3/2021 001528 AM TEST INC 121614 WWTP: SAMPLES #21-A005529-55" v SAMPLES #21-A005529-5530 423.000.76.535.80.41.00 80.0( 121615 WWTP: SAMPLES 21-A005298-530z (D SAMPLES 21-A005298-5304 423.000.76.535.80.41.00 435.0( 121616 WWTP: SAMPLES #21-A006231-62" SAMPLES #21-A006231-6232 o 423.000.76.535.80.41.00 80.0( a 121617 WWTP: SAMPLES #21-A006132-61 SAMPLES #21-A006132-6138 423.000.76.535.80.41.00 395.0( u Total: 990.0( o 247560 6/3/2021 074306 AMWINS GROUP BENEFITS INC 6842288 JUNE PREMIUMS 1i > 0 LEOFF PREMIUMS a 009.000.39.517.20.23.10 7,887.9, Q FIRE PREMIUMS 617.000.51.589.40.23.10 1,226.9' N Total : 9,114.81 c 247561 6/3/2021 069751 ARAMARK UNIFORM SERVICES 23477781 PARKS MAINT CUSTOM SCREEN P ca c PARKS MAINT CUSTOM SCREEN P N E 001.000.64.576.80.24.00 177.3( 'ca 10.4% Sales Tax 001.000.64.576.80.24.00 18.4z 6560000049507 WWTP:5/26/21 UNIFORMS,TOWEL E Mats/Towels 423.000.76.535.80.41.00 U 51.4E Q Page: 3 Packet Pg. 44 vchlist 06/03/2021 9:38:02AM Bank code : usbank Voucher Date Vendor 247561 6/3/2021 069751 ARAMARK UNIFORM SERVICES Voucher List City of Edmonds Invoice PO # Description/Account (Continued) Uniforms: 3 Lab Coats $0.17 each = 423.000.76.535.80.24.00 10.4% Sales Tax 423.000.76.535.80.41.00 10.4% Sales Tax 423.000.76.535.80.24.00 656000049510 PARKS MAINT UNIFORM SERVICE 10.4% Sales Tax 001.000.64.576.80.24.00 PARKS MAINT UNIFORM SERVICE 001.000.64.576.80.24.00 656000049513 FACILITIES DIVISION UNIFORMS FACILITIES DIVISION UNIFORMS 001.000.66.518.30.24.00 10.4% Sales Tax 001.000.66.518.30.24.00 656000051831 PUBLIC WORKS OMC LOBBY MATE PUBLIC WORKS OMC LOBBY MATE 001.000.65.518.20.41.00 PUBLIC WORKS OMC LOBBY MATE 111.000.68.542.90.41.00 PUBLIC WORKS OMC LOBBY MATE 421.000.74.534.80.41.00 PUBLIC WORKS OMC LOBBY MATE 422.000.72.531.90.41.00 PUBLIC WORKS OMC LOBBY MATE 423.000.75.535.80.41.00 PUBLIC WORKS OMC LOBBY MATE 511.000.77.548.68.41.00 10.4% Sales Tax 001.000.65.518.20.41.00 10.4% Sales Tax 111.000.68.542.90.41.00 10.4% Sales Tax 7.2.a Page: 4 a� L 3 c �a Amoun N 0 a m 0.5' u L 5.3E N 0.0E v 6.31 c (D M 61.1E �a 0 29.5E >% M a 3.0, U 4- 1.6' 0 Ta 6.1' o a a 6.1' Q 6.1' Cl) 0 6.1' o 6.0£ 9 0.1 0.6z t U �a Q Page: 4 Packet Pg. 45 vchlist 06/03/2021 9:38:02AM Bank code : usbank Voucher Date Vendor 247561 6/3/2021 069751 ARAMARK UNIFORM SERVICES 247562 6/3/2021 064452 ARMSTRONG SERVICES 247563 6/3/2021 070305 AUTOMATIC FUNDS TRANSFER Voucher List City of Edmonds Invoice PO # Description/Account (Continued) 421.000.74.534.80.41.00 10.4% Sales Tax 422.000.72.531.90.41.00 10.4% Sales Tax 423.000.75.535.80.41.00 10.4% Sales Tax 511.000.77.548.68.41.00 656000051833 FLEET DIVISION UNIFORMS & MAT FLEET DIVISION UNIFORMS 511.000.77.548.68.24.00 FLEET DIVISION MATS 511.000.77.548.68.41.00 10.4% Sales Tax 511.000.77.548.68.24.00 10.4% Sales Tax 511.000.77.548.68.41.00 Total: 4734 WWTP: 5/2021 JANITORIAL & COVI 5/2021 JANITORIAL SERVICE 423.000.76.535.80.41.00 Total: 121115 OUT SOURCING OF UTILITY BILLS UB Outsourcing area Printing # 422.000.72.531.90.49.00 UB Outsourcing area Printing # 421.000.74.534.80.49.00 UB Outsourcing area Printing # 423.000.75.535.80.49.00 UB Outsourcing area Postage # 421.000.74.534.80.42.00 UB Outsourcing area Postage # 423.000.75.535.80.42.00 10.25% Sales Tax 7.2.a Page: 5 a� L 3 c �a Amoun N 0 a aD 0.6z 'D r U d 0.6z 0.6z Y m 0.6" v m c 9.2� c 19.1( 0 1.5E `5% �a a 1.4- E 420.1:.� 0 �a 880.0( o 880.0( a Q N 50.5- c m 50.5- N E 52.0z fd U 145.1, a0i E 145.1, U �a Q Page: 5 Packet Pg. 46 vchlist 06/03/2021 9:38:02AM Bank code : usbank Voucher Date Vendor 247563 6/3/2021 070305 AUTOMATIC FUNDS TRANSFER 247564 6/3/2021 075217 BASLER, ANTHONY 247565 6/3/2021 028050 BILL PIERRE FORD INC Voucher List City of Edmonds Invoice PO # Description/Account (Continued) 422.000.72.531.90.49.00 10.25% Sales Tax 421.000.74.534.80.49.00 10.25% Sales Tax 423.000.75.535.80.49.00 121161 OUT SOURCING OF UTILITY BILLS UB Outsourcing area Printing # 422.000.72.531.90.49.00 UB Outsourcing area Printing # 421.000.74.534.80.49.00 UB Outsourcing area Printing # 423.000.75.535.80.49.00 UB Outsourcing area Postage # 421.000.74.534.80.42.00 UB Outsourcing area Postage # 423.000.75.535.80.42.00 10.25% Sales Tax 422.000.72.531.90.49.00 10.25% Sales Tax 421.000.74.534.80.49.00 10.25% Sales Tax 423.000.75.535.80.49.00 Total 61511 INT - SPANISH - 1 A043661 0 INT - SPANISH - 1 A043661 0 001.000.23.512.50.41.01 61617 INT - SPANISH - XZ0242588 INT - SPANISH - XZ0242588 001.000.23.512.50.41.01 780241 UNIT 58 - PARTS UNIT 58 - PARTS 511.000.77.548.68.31.10 Total 7.2.a Page: 6 a� L 3 c �a Amoun y 0 a aD 5.1 £ 'D r U d 5.1 £ 5.3< m t U 46.8( 45 m c 46.8( c 48.2< 0 140.1, `>+ �a a 140.1( 4.8( u 0 4.8( > 0 L 4.9z a 895.65 Q N Cl) 0 100.0( c E 100.0E u 200.0( }; c W E t U 1,061.0E Q Page: 6 Packet Pg. 47 vchlist 06/03/2021 9:38:02AM Voucher List City of Edmonds Bank code : usbank Voucher Date Vendor Invoice 247565 6/3/2021 028050 BILL PIERRE FORD INC (Continued) 781603 CM758277 CM769963 247566 6/3/2021 074307 BLUE STAR GAS 1253657 247567 6/3/2021 072005 BROCKMANN, KERRY 9860 YOGA 247568 6/3/2021 065565 BUD CLARY CHEVROLET 3-M721 K993 PO # Description/Account 10.1 % Sales Tax 511.000.77.548.68.31.10 UNIT 451 -PARTS/ HINGE UNIT 451 -PARTS/ HINGE 511.000.77.548.68.31.10 10.25% Sales Tax 511.000.77.548.68.31.10 UNIT 62 - PARTS UNIT 62 - PARTS 511.000.77.548.68.31.10 10.25% Sales Tax 511.000.77.548.68.31.10 FLEET CREDIT FOR PARTS RETUR FLEET CREDIT FOR PARTS RETUR 511.000.77.548.68.31.10 FLEET GEAR ASSEMBLY RETURNE FLEET GEAR ASSEMBLY RETURNE 511.000.77.548.68.31.10 10.1 % Sales Tax 511.000.77.548.68.31.10 Total FLEET - AUTO PROPANE 671.90 GF FLEET - AUTO PROPANE 671.90 GF 511.000.77.548.68.34.12 Total 9860 YOGA ONLINE INSTRUCTION 9860 YOGA ONLINE INSTRUCTION 001.000.64.571.27.41.00 Total E184PO - 2021 FORD POLICE VEHI E184PO - 2021 FORD POLICE VEHI 511.100.77.594.48.64.00 7.2.a Page: 7 W L 3 c �a Amoun N 0 a m 107.11 U 53.9, m t 5.5: m c 18.5E M c 1.9( 0 L -750.0( a E -400.0( U 4- 0 -40.4( > 57.7( o a a Q 1,222.6" N 1,222.61 Cl) 0 E 630.0( R 630.0( U c a� E t U 49,797.0E Q Page: 7 Packet Pg. 48 vchlist 06/03/2021 9:38:02AM Bank code : usbank Voucher Date Vendor 247568 6/3/2021 065565 065565 BUD CLARY CHEVROLET 247569 6/3/2021 073029 CANON FINANCIAL SERVICES 247570 247571 247572 Voucher List City of Edmonds Invoice (Continued) 26705162 26705177 6/3/2021 003320 CASCADE MACHINERY & ELECTRIC 482360 6/3/2021 076816 CITY OF EDMONDS VEBA TRUST 6/3/2021 070323 COMCAST BUSINESS 405712_LS U P 8498310300732547 PO # Description/Account Total CANON 2501F CONTRACT CHARGE 5/2021 001.000.21.513.10.45.00 BW METER USAGE APRIL 001.000.21.513.10.45.00 CL METER USAGE 001.000.21.513.10.45.00 10.4% Sales Tax 001.000.21.513.10.45.00 CANON COPIER CANON COPIER 001.000.23.512.50.45.00 10.4% Sales Tax 001.000.23.512.50.45.00 Total SEWER - INSPECT AND REPAIRED SEWER - INSPECT AND REPAIRED 423.000.75.535.80.31.00 10.25% Sales Tax 423.000.75.535.80.31.00 Total LAW SUPPORT VEBA FUNDING LAW SUPPORT VEBA FUNDING 001.000.41.521.11.23.15 Total PUBLIC WRKS - DIGITAL CABLE Public Works - 7110 210th S SW 001.000.65.518.20.42.00 Public Works - 7110 210th S SW 111.000.68.542.90.42.00 Public Works - 7110 210th S SW 7.2.a Page: 8 aD L 3 c �a Amoun y 0 49,797.0E 0 U d L_ 26.4, N 2.6 1 U 14.9E m c 4.5E M c �a 212.5E o 22.1" a 283.31 U 0 110.0( 0 11.2E a 121.2f Q N A 11,000.0( m 11,000.0( N E M 2.3( aD 11.0E t U �a Q Page: 8 Packet Pg. 49 vchlist 06/03/2021 9:38:02AM Voucher List City of Edmonds 7.2.a Page: 9 Bank code : Voucher usbank Date Vendor Invoice PO # Description/Account Amoun 247572 6/3/2021 070323 COMCAST BUSINESS (Continued) 421.000.74.534.80.42.00 11.0E Public Works - 7110 210th S SW 423.000.75.535.80.42.00 11.0E Public Works - 7110 210th S SW 511.000.77.548.68.42.00 10.61 Tota I : 46.1 f 247573 6/3/2021 005965 CUES INC 587278 SEWER - PARTS SEWER - PARTS 423.000.75.535.80.31.00 695.4E Freight 423.000.75.535.80.31.00 17.4- 10.4% Sales Tax 423.000.75.535.80.31.00 74.1 E Tota I : 787.0' 247574 6/3/2021 006200 DAILY JOURNAL OF COMMERCE 3368364 PLANNING -LEGAL AD Publication of RFQ: Comp Plan Gap 001.000.62.558.60.41.40 49.0( 3368365 PLANNING -LEGAL AD Publication of RFQ: Waterfront Analy; 001.000.62.558.60.41.40 58.8( Tota I : 107.8( 247575 6/3/2021 061570 DAY WIRELESS SYSTEMS - 03 INV677882 INV677882 - EDMONDS PD CALIBRATE RADAR - AS01981 001.000.41.521.22.48.00 70.0( FUEL SURCHARGE 001.000.41.521.22.48.00 30.0( 10.4% Sales Tax 001.000.41.521.22.48.00 10.4( Total : 110.4( 247576 6/3/2021 064531 DINES, JEANNIE 21-4089 CITY COUNCIL MEETING MINUTES city council meeting minutes 5/8 and Page: 9 Packet Pg. 50 vchlist 06/03/2021 9:38:02AM Voucher List City of Edmonds 7.2.a Page: 10 Bank code : Voucher usbank Date Vendor Invoice PO # Description/Account Amoun 247576 6/3/2021 064531 DINES, JEANNIE (Continued) 001.000.25.514.30.41.00 864.0( Tota I : 864.0( 247577 6/3/2021 076172 DK SYSTEMS 27983 F.A.C. - SERVICE & PARTS ON BOIL F.A.C. - SERVICE & PARTS ON BOIL 001.000.66.518.30.48.00 2,024.9E PREVAILING WAGE 001.000.66.518.30.48.00 20.0( Freight 001.000.66.518.30.48.00 19.7, 10.4% Sales Tax 001.000.66.518.30.48.00 212.61 Total: 2,277.31 247578 6/3/2021 075153 DOPPS, MARIA 59506 INT - SPANISH - 1 A01 34718 INT - SPANISH - 1 A0134718 001.000.23.512.50.41.01 100.0( 59939 INT - SPANISH - 8Z0579348 INT - SPANISH - 8Z0579348 001.000.23.512.50.41.01 100.0( Tota I : 200.0( 247579 6/3/2021 007253 DUNN LUMBER 7999574 UNIT 14 - SUPPLIES UNIT 14 - SUPPLIES 511.000.77.548.68.31.10 162.0E 10.5% Sales Tax 511.000.77.548.68.31.10 17.0, Tota I : 179.1( 247580 6/3/2021 076610 EDMONDS HERO HARDWARE 2229 WWTP: PO 481 TAPCUBE PO 481 TAPCUBE 423.000.76.535.80.31.00 6.5� 10.4% Sales Tax 423.000.76.535.80.31.00 0.6� 2303 WWTP: PO 481 SOCKET ADAPTER Page: 10 Packet Pg. 51 vchlist 06/03/2021 9:38:02AM Bank code : usbank Voucher Date Vendor 247580 6/3/2021 076610 EDMONDS HERO HARDWARE Voucher List City of Edmonds Invoice PO # Description/Account (Continued) PO 481 SOCKET ADAPTER 423.000.76.535.80.31.00 10.4% Sales Tax 423.000.76.535.80.31.00 2307 WWTP: PO 481 SPRAYERS PO 481 SPRAYERS 423.000.76.535.80.31.00 10.4% Sales Tax 423.000.76.535.80.31.00 2312 PM SUPPLIES: SHOVEL, KNEELINC PM SUPPLIES: SHOVEL, KNEELINC 001.000.64.576.81.31.00 10.4% Sales Tax 001.000.64.576.81.31.00 2315 WWTP: PO 481 SHOVEL PO 481 SHOVEL 423.000.76.535.80.31.00 10.4% Sales Tax 423.000.76.535.80.31.00 2318 CITY HALL - PLUNGER CITY HALL - PLUNGER 001.000.66.518.30.31.00 10.4% Sales Tax 001.000.66.518.30.31.00 2320 WATER - SUPPLIES WATER - SUPPLIES 421.000.74.534.80.31.00 10.4% Sales Tax 421.000.74.534.80.31.00 2321 MEADOWDALE CLUB HOUSE - SUF MEADOWDALE CLUB HOUSE - SUF 001.000.66.518.30.31.00 10.4% Sales Tax 001.000.66.518.30.31.00 7.2.a Page: 11 a� L 3 c �a Amoun N 0 a m 23.9E u L 2.4� N m 31.5-, v 3.2f (D a� c 45.9E 0 4.7E >+ M a E 27.9E .i 2.9• 0 Ta 0 L 16.71 a Q 1.7z N Cl) 0 32.4, c 3.3E c 19.9E E t 2.0E um Q Page: 11 Packet Pg. 52 vchlist 06/03/2021 9:38:02AM Bank code : usbank Voucher List City of Edmonds Voucher Date Vendor Invoice 247580 6/3/2021 076610 076610 EDMONDS HERO HARDWARE (Continued) 247581 6/3/2021 008705 EDMONDS WATER DIVISION 3-01808 3-03575 3-07490 3-07525 3-07709 3-09350 3-09800 3-29875 3-38565 6-01127 6-01130 6-01140 PO # Description/Account Total LIFT STATION #11 6807 157TH PL S' LIFT STATION #11 6807 157TH PL S' 423.000.75.535.80.47.10 CLUBHOUSE 6801 N MEADOWDAL CLUBHOUSE 6801 N MEADOWDAL 001.000.66.518.30.47.00 HAINES WHARF PARK DRINKING F HAINES WHARF PARK DRINKING F 001.000.64.576.80.47.00 LIFT STATION #12 16100 75TH AVE LIFT STATION #12 16100 75TH AVE 423.000.75.535.80.47.10 LIFT STATION #15 7701 168TH ST S LIFT STATION #15 7701 168TH ST S 423.000.75.535.80.47.10 LIFT STATION #4 8313 TALBOT RD i LIFT STATION #4 8313 TALBOT RD i 423.000.75.535.80.47.10 LIFT STATION #10 17612 TALBOT R LIFT STATION #10 17612 TALBOT R 423.000.75.535.80.47.10 LIFT STATION #9 8001 SIERRA DR / LIFT STATION #9 8001 SIERRA DR / 423.000.75.535.80.47.10 SPRINKLER FOR RHODIES 18410 c SPRINKLER FOR RHODIES 18410 c 001.000.64.576.80.47.00 WWTP: 5/2021 METER 2088: 200 21' 5/2021 200 2ND AVE S / METER 20 423.000.76.535.80.47.64 WWTP: 5/2021 METER 9439: 200 21` 5/2021 200 2ND AVE S / METER 94; 423.000.76.535.80.47.64 WWTP: 5/2021 METER 5010484: 20, 7.2.a Page: 12 a� L 3 c �a Amoun y 0 226.6 j 0 U d L_ 53.9, N m 460.3' m c 109.8, � c �a 58.6( o �a a 53.91 E U 114.4E 0 �a 0 53.9z a a Q 53.9z N 0 53.9z N E 203.0� c a� E 23.7E u �a Q Page: 12 Packet Pg. 53 vchlist 06/03/2021 9:38:02AM Bank code : usbank Voucher Date Vendor 247581 6/3/2021 008705 EDMONDS WATER DIVISION Voucher List City of Edmonds Invoice (Continued) 247582 6/3/2021 008812 ELECTRONIC BUSINESS MACHINES AR191293 247583 6/3/2021 009350 EVERETT DAILY HERALD 247584 6/3/2021 075673 FARMER, MARIA AR192365 PO # Description/Account 5/2021 200 2ND AVE S / METER 50' 423.000.76.535.80.47.64 Total CITY CLERK COPIER METER READ copier meter read 001.000.25.514.30.45.00 10.4% Sales Tax 001.000.25.514.30.45.00 WWTP:4/6-5/15/21 COPIES 4/6-5/15/21 COPIES 423.000.76.535.80.45.00 10.4% Sales Tax 423.000.76.535.80.45.00 Total EDH927687 PLANNING -LEGAL AD PLN2021-0016 (652 3rd AVE N)- 001.000.62.558.60.41.40 EDH927709 PLANNING -LEGAL AD PLN2019-0055 (8629 238tth ST SW) 001.000.62.558.60.41.40 EDH928123 CITY NOTICES city notices 001.000.25.514.30.41.40 Total 04092021 INT - SPANISH - 1 A0139130 INT - SPANISH - 1 A01 39130 001.000.23.512.50.41.01 04212021 INT - SPANISH - 1 A0154211 INT - SPANISH - 1 A0154211 001.000.23.512.50.41.01 Total : 7.2.a Page: 13 Page: 13 Packet Pg. 54 vchlist 06/03/2021 9:38:02AM Voucher List City of Edmonds 7.2.a Page: 14 a� L 3 Bank code : usbank c Ea Voucher Date Vendor Invoice PO # Description/Account Amoun N 247585 6/3/2021 066378 FASTENAL COMPANY WAEVE181707 WWTP: PO 572 JUG SAWZIT NF 0 m PO 572 JUG SAWZIT NF 423.000.76.535.80.31.00 85.5, u Freight L 423.000.76.535.80.31.00 21.0( 10.4% Sales Tax 423.000.76.535.80.31.00 11.0E Total: 117.6( u 247586 6/3/2021 075871 FLOW TECHNOLOGIES INC E6GB.PMT 5 E6GB PMT NO.5 THRU 4/29/21 c E6GB PMT NO.5 THRU 4/29/21 (D 423.000.75.594.35.65.30 68,414.6, -a E6GB.Ret 5 423.000.223.400 -3,098.4� o Total: 65,316.1: �a 247587 6/3/2021 078375 GAURAV & GENIA KAPOOR 2-07200 #40278989-803 HJ3 UTILITY REFUN a #40278989-803 HJ3 Utility refund duE ff 411.000.233.000 148.5( U Total: 148.5( c 247588 6/3/2021 076542 GRANICUS 140228 CIVIC STREAMING, AGENDAAND K o civic streaming a 001.000.25.514.30.48.00 1,417.5' Q 10.4% Sales Tax �- 001.000.25.514.30.48.00 147.4' N Total : 1,564.9' c 247589 6/3/2021 012560 HACH COMPANY 12470543 WWTP: PO 553 TUBE 1/2 OD UNIOI o PO 553 TUBE 1/2 OD UNION STRAIT E 423.000.76.535.80.31.00 16.1 E 'M Freight z 423.000.76.535.80.31.00 69.9E 10.4% Sales Tax °' t 423.000.76.535.80.31.00 8.9E 12474435 WWTP: PO 553 COD STD SOLN, PII Q Page: 14 Packet Pg. 55 vchlist 06/03/2021 9:38:02AM Voucher List City of Edmonds Bank code : usbank Voucher Date Vendor Invoice 247589 6/3/2021 012560 HACH COMPANY (Continued) 12474517 247590 6/3/2021 012560 HACH COMPANY 12407270 247591 6/3/2021 067862 HOME DEPOT CREDIT SERVICES 2072320 3014076 4053988 PO # Description/Account PO 553 COD STD SOLN, PIPET TIP: 423.000.76.535.80.31.00 10.4% Sales Tax 423.000.76.535.80.31.00 WWTP: PO 553 EZ COD RECYCLIN PO 553 EZ COD RECYCLING KIT, T 423.000.76.535.80.31.00 10.4% Sales Tax 423.000.76.535.80.31.00 Total WWTP: PO 527 COVER ASSY O 527 COVER ASSY 423.000.76.535.80.31.00 Freight 423.000.76.535.80.31.00 10.4% Sales Tax 423.000.76.535.80.31.00 Total PM SUPPLIES: FAN SPRAY, PRIMEI PM SUPPLIES: FAN SPRAY, PRIMEI 001.000.64.576.80.31.00 10.3% Sales Tax 001.000.64.576.80.31.00 PM SUPPLIES: JACK POSTS, STAKI PM SUPPLIES: JACK POSTS, STAKI 001.000.64.576.80.31.00 10.3% Sales Tax 001.000.64.576.80.31.00 PM SUPPLIES: CLAMP SET, DUCT PM SUPPLIES: CLAMP SET, DUCT 001.000.64.576.80.31.00 10.3% Sales Tax 001.000.64.576.80.31.00 7.2.a Page: 15 a� L 3 c �a Amoun y 0 a m 3,338.4.E u L 347.1 £ N m t 354.5, u 36.8 c 4,172.1 c �a 0 352.0( �a a 69.9E E 43.8� u 465.8l o 0 0 L a 168.2 - Q 17.3< N Cl) 0 127.8 N E 13.1 R U c a� 25.0< E t U 2.5£ Q Page: 15 Packet Pg. 56 vchlist 06/03/2021 9:38:02AM Bank code : usbank Voucher Date Vendor 247591 6/3/2021 067862 HOME DEPOT CREDIT SERVICES Voucher List City of Edmonds Invoice PO # Description/Account (Continued) 5015182 PM SUPPLIES: TARP, NYLON ROPE PM SUPPLIES: PRIMER, COUPLINC 130.000.64.536.50.31.00 10.3% Sales Tax 130.000.64.536.50.31.00 618201 PM SUPPLIES: PVC BUSHING PM SUPPLIES: PVC BUSHING 001.000.64.576.80.31.00 10.3% Sales Tax 001.000.64.576.80.31.00 70429 PM SUPPLIES: SEALANT, PLIERS, I PM SUPPLIES: SEALANT, PLIERS, 1 001.000.64.576.80.31.00 10.3% Sales Tax 001.000.64.576.80.31.00 70462 PM SUPPLIES: TOTES, ROLLER TR PM SUPPLIES: TOTES, ROLLER TR 001.000.64.576.80.31.00 10.3% Sales Tax 001.000.64.576.80.31.00 7052658 PM SUPPLIES: HAMMER DRILL, ST PM SUPPLIES: HAMMER DRILL, ST 001.000.64.576.80.31.00 10.3% Sales Tax 001.000.64.576.80.31.00 7074568 PM SUPPLIES: CONCRETE PM SUPPLIES: CONCRETE 001.000.64.576.81.31.00 10.3% Sales Tax 001.000.64.576.81.31.00 7196202 PM SUPPLIES: PLANTS PM SUPPLIES: PLANTS 001.000.64.576.80.31.00 10.3% Sales Tax 7.2.a Page: 16 a� L 3 c �a Amoun N 0 a m U m 22.9`, 2.3E Y m 9.5. m c 0.9£ M c �a 80.0E o L 8.2E a E 216.9' u 0 22.3, > 0 L Q a 146.9E Q 15.1, 0 0 45.3E 2 4.6 1 U c a� 143.61 E U co Q Page: 16 Packet Pg. 57 vchlist 06/03/2021 9:38:02AM Bank code : usbank Voucher List City of Edmonds Voucher Date Vendor Invoice PO # Description/Account 247591 6/3/2021 067862 HOME DEPOT CREDIT SERVICES (Continued) 001.000.64.576.80.31.00 95875 PM SUPPLIES: PRIMER, COUPLINC PM SUPPLIES: PRIMER, COUPLINC 001.000.64.576.80.31.00 10.3% Sales Tax 001.000.64.576.80.31.00 Total 247592 6/3/2021 076488 HULBERT, MATTHEW STIEG CD21-01 HULBERT PHOTOGRAPHY SERVIC HULBERT PHOTOGRAPHY SERVIC 001.000.61.558.70.41.00 CD21-02 HULBERT PHOTOGRAPHY SERVIC HULBERT PHOTOGRAPHY SERVIC 001.000.61.558.70.41.00 CD21-03 HULBERT PHOTOGRAPHY SERVIC HULBERT PHOTOGRAPHY SERVIC 001.000.61.558.70.41.00 Total 247593 6/3/2021 060165 HWA GEOSCIENCES INC 31718 EOJA SERVICES THRU 5/21/2021 EOJA SERVICES THRU 5/21/2021 421.000.74.594.34.41.00 Total 247594 6/3/2021 073548 INDOFF INCORPORATED 3425860 STORAGE BOXES Storage boxes 001.000.31.514.23.31.00 10.4% Sales Tax 001.000.31.514.23.31.00 Total 247595 6/3/2021 061546 INDUSTRIAL CONTROLS SUPPLY 203431 WWTP: FILTERMAT REPLACEMEW FILTERMAT REPLACEMENT FOR 4 423.000.76.535.80.31.00 Freight 7.2.a Page: 17 a� L 3 c �a Amoun y 0 a aD 14.7� 'D r U d L 35.6E N 3.6E 1,127.5i U m c d 250.0( c �a 0 250.0( �a a 250.0( 750.0( Z 4- 0 7a 0 5,941.0E a 5,941.OF Q N Cl) 43.9< m 0 4.5, 'M c a� 74.2z t U �a Q Page: 17 Packet Pg. 58 vchlist 06/03/2021 9:38:02AM Bank code : usbank Voucher Date Vendor 247595 6/3/2021 061546 INDUSTRIAL CONTROLS SUPPLY 247596 247597 247598 247599 247600 6/3/2021 014940 INTERSTATE BATTERY SYSTEMS 6/3/2021 075062 JAMESTOWN NETWORKS 6/3/2021 015270 JCI JONES CHEMICALS INC Voucher List City of Edmonds Invoice (Continued) 300-10087391 6475 1.1.11'1 6/3/2021 076475 JVP LEGAL TRANSLATION SERVICES 59281 6/3/2021 075590 MOBILE GUARD INV00660917 PO # Description/Account 423.000.76.535.80.31.00 10.4% Sales Tax 423.000.76.535.80.31.00 Total : FLEET - PARTS/ WIPER BLADES FLEET - PARTS/ WIPER BLADES 511.000.77.548.68.31.20 10.4% Sales Tax 511.000.77.548.68.31.20 Total FIBER OPTICS INTERNET CONNEC Jun-2021 Fiber Optics Internet 512.000.31.518.87.42.00 10.4% Sales Tax 512.000.31.518.87.42.00 Total WWTP: PO 474 SODIUM HYPOCHL PO 474 SODIUM HYPOCHLORITE 423.000.76.535.80.31.53 WA Hazadous Substance Tax 423.000.76.535.80.31.53 10.4% Sales Tax 423.000.76.535.80.31.53 Total INT - VIETNAMESE - XZ0427489 INT - VIETNAMESE - XZ0427489 001.000.23.512.50.41.01 Total VERIZON-MG CLOUD MT ANNUAL: Verizon - MG Cloud MT Annual Servi( 7.2.a Page: 18 a� L 3 c �a Amoun y 0 a a� 14.8z r U d 9.2( ,L 98.3' N V m 157.3f m c 16.3 173.7° c �a 0 590.0( a 61.3E •E 651.3( U 4- 0 �a 0 3,674.4z a a 25.7, Q N 382.1 z o%) 4,082.3( m 0 E M 100.0( 100.0( a� E t U �a Q Page: 18 Packet Pg. 59 vchlist 06/03/2021 9:38:02AM Bank code : usbank Voucher Date Vendor 247600 6/3/2021 075590 MOBILE GUARD 247601 6/3/2021 076264 MONO ROOFTOP SOLUTIONS Voucher List City of Edmonds Invoice PO # Description/Account (Continued) 512.000.31.518.88.42.00 Tota I : 26101 LOG CABIN - CLEANED GUTTERS i LOG CABIN - CLEANED GUTTERS i 001.000.66.518.30.48.00 10.4% Sales Tax 001.000.66.518.30.48.00 26102 PARKS SHELTERS - ROOF & GUTTI PARKS SHELTERS - ROOF & GUTTI 001.000.66.518.30.48.00 10.4% Sales Tax 001.000.66.518.30.48.00 26103 PARK STORAGE SHED ROOF CLEF PARK STORAGE SHED ROOF CLEF 001.000.66.518.30.48.00 10.4% Sales Tax 001.000.66.518.30.48.00 26104 CEMETARY- ROOF CLEANING & M CEMETARY- ROOF CLEANING & M 001.000.66.518.30.48.00 10.4% Sales Tax 001.000.66.518.30.48.00 26105 CITY HALL - ROOF & GUTTER CLE/ CITY HALL - ROOF & GUTTER CLE/ 001.000.66.518.30.48.00 10.4% Sales Tax 001.000.66.518.30.48.00 26106 MEADOWDALE CLUB HOUSE - RO( MEADOWDALE CLUB HOUSE - RO( 001.000.66.518.30.48.00 10.4% Sales Tax 001.000.66.518.30.48.00 Tota I : 7.2.a Page: 19 a� L 3 c �a Amoun y 0 a- (1) 13,458.6E 'D 13,458.6E m L_ N 590.0( t U 61.3E m c d 760.0( c �a 79.0� o �a a 585.0( 60.8z U 4- 0 �a 960.0( o L a a 99.8z Q N 1,155.0( c m 0 120.1, N E 2 U 595.0( c W 61.8E E 5,128.0E U Q Page: 19 Packet Pg. 60 vchlist 06/03/2021 9:38:02AM Voucher List City of Edmonds Bank code : Voucher usbank Date Vendor Invoice PO # Description/Account 247602 6/3/2021 072746 MURRAYSMITH INC 20-2775.00-14 EOGA SERVICES THRU 4/30/2021 EOGA SERVICES THRU 4/30/2021 423.000.75.594.35.41.00 20-2775.01-1 E21 GA SERVICES THRU 4/30/2021 E21 GA SERVICES THRU 4/30/2021 423.000.75.594.35.41.00 Total 247603 6/3/2021 070855 NAVIA BENEFIT SOLUTIONS 10355560 MAY GOCOMMUTER FEES MAY FEES 001.000.22.518.10.41.00 10355561 MAY FSA FEES MAY FSA FEES 001.000.22.518.10.41.00 Total 247604 6/3/2021 024001 NC MACHINERY SECS0712282 UNIT 57 - PARTS UNIT 57 - PARTS 511.000.77.548.68.31.10 10.4% Sales Tax 511.000.77.548.68.31.10 SECS0712357 UNIT 57 - PARTS/ ADAPTER UNIT 57 - PARTS/ ADAPTER 511.000.77.548.68.31.10 Freight 511.000.77.548.68.31.10 10.4% Sales Tax 511.000.77.548.68.31.10 Total 247605 6/3/2021 024302 NELSON PETROLEUM 0764350-IN FLEET - FILTERS FLEET - FILTERS 511.000.77.548.68.34.40 10.4% Sales Tax 511.000.77.548.68.34.40 0764351-IN UNIT 121 - DEF FLUID 7.2.a Page: 20 Page: 20 Packet Pg. 61 vchlist 06/03/2021 9:38:02AM Voucher List City of Edmonds Bank code : usbank Voucher Date Vendor Invoice 247605 6/3/2021 024302 NELSON PETROLEUM (Continued) 247606 6/3/2021 064655 NEW RESTORATION & RECOVERY SVC INV17483 247607 247608 247609 6/3/2021 025217 NORTH SOUND HOSE & FITTINGS N032469 6/3/2021 065720 OFFICE DEPOT 6/3/2021 072739 O'REILLYAUTO PARTS 171991540001 PO # Description/Account UNIT 121 - DEF FLUID 511.000.77.548.68.31.10 10.4% Sales Tax 511.000.77.548.68.31.10 Total : WWTP: SAND REMOVAL FROM INC SAND REMOVAL FROM INCINERAT 423.000.76.535.80.48.00 charge for filing fee for wage adj 423.000.76.535.80.49.00 10.4% Sales Tax 423.000.76.535.80.48.00 Total WWTP: PO #575 HOSE ASSY, EC21 PO #575 HOSE ASSY, EC215-06LR 423.000.76.535.80.48.00 9.8% Sales Tax 423.000.76.535.80.48.00 Total INV 171991540001 - ACCT 9052043' PUBLIC WORKS - DISHWASHER TP 001.000.65.518.20.31.00 10.4% Sales Tax 001.000.65.518.20.31.00 Total 3685-136588 UNIT 51 PARTS/ FUEL CAP UNIT 51 PARTS/ FUEL CAP 511.000.77.548.68.31.10 10.4% Sales Tax 511.000.77.548.68.31.10 3685-136592 UNIT 24 - PARTS/ BELT 7.2.a Page: 21 a� L 3 c �a Amoun N 0 a m 199.6E u L 20.7, 243.51 m v 13, 905.2. a� 40.0( �a 1,446.1E o 15,391.4( j, M a E M 252.8E Z 4- 0 24.7E 277.6E 0 L Q a Q 97.9� N M 10.1E 9 108.1f E M 13.7, aD 1.4' t U �a Q Page: 21 Packet Pg. 62 vchlist 06/03/2021 9:38:02AM Voucher List City of Edmonds 7.2.a Page: 22 Bank code : Voucher usbank Date Vendor Invoice PO # Description/Account a� L 3 c �a Amoun y 247609 6/3/2021 072739 O'REILLYAUTO PARTS (Continued) 0 UNIT 24 - PARTS/ BELT 511.000.77.548.68.31.10 23.6E u 10.4% Sales Tax L 511.000.77.548.68.31.10 2.4E Total: 41.25 m 247610 6/3/2021 077808 OSBORN CONSULTING INC 6142 EOFB SERVICES THRU 4/30/2021 v EOFB SERVICES THRU 4/30/2021 422.000.72.594.31.41.00 24,343.0E Total : 24,343.05 247611 6/3/2021 074793 PETDATA INC 9540 INV 9540 - EDMONDS PD 63 1 YEAR PET LICENSES — 001.000.41.521.70.41.00 264.6( 5 LATE FEES COLLECTED a 001.000.41.521.70.41.00 12.5( Total : 277.1( •� 247612 6/3/2021 046900 PUGET SOUND ENERGY 200002411383 YOST PARK/POOL 9535 BOWDOIN YOST PARK/POOL 9535 BOWDOIN c 001.000.64.576.80.47.00 1i 2,166.8, o 200007876143 OLD PUBLIC WORKS 200 DAYTON a OLD PUBLIC WORKS 200 DAYTON Q- Q 421.000.74.534.80.47.00 101.0" 200011439656 FIRE STATION #20 23009 88TH AVE N FIRE STATION #20 23009 88TH AVE Cl) 001.000.66.518.30.47.00 90.2< m 200016558856 CIVIC CENTER 250 5TH AVE N / ME CIVIC CENTER 250 5TH AVE N / ME N E 001.000.66.518.30.47.00 801.1E 'M 200016815843 FIRE STATION #17 275 6TH AVE N / FIRE STATION #17 275 6TH AVE N / 001.000.66.518.30.47.00 419.2( E 200017676343 FLEET MAINTENANCE BAY 21105 7 FLEET MAINTENANCE BAY 21105 7 Q Page: 22 Packet Pg. 63 vchlist 06/03/2021 9:38:02AM Voucher List City of Edmonds 7.2.a Page: 23 Bank code : Voucher usbank Date Vendor Invoice PO # Description/Account a� L 3 c �a Amoun y 247612 6/3/2021 046900 PUGET SOUND ENERGY (Continued) 0 511.000.77.548.68.47.00 as 162.9( -0 200019895354 SNO-ISLE LIBRARY 650 MAIN ST / IN SNO-ISLE LIBRARY 650 MAIN ST / IN L 001.000.66.518.30.47.00 47.6" 200020415911 PUBLIC WORKS CIVIC 7110 210TH ; PUBLIC WORKS CIVIC 7110 210TH ; 001.000.65.518.20.47.00 10.9( U PUBLIC WORKS CIVIC 7110 210TH 111.000.68.542.90.47.00 41.4- c PUBLIC WORKS CIVIC 7110 210TH ; 421.000.74.534.80.47.00 41.4- PUBLIC WORKS CIVIC 7110 210TH ; sa 423.000.75.535.80.47.10 41.4- 0 PUBLIC WORKS CIVIC 7110 210TH 511.000.77.548.68.47.00 41.4- a PUBLIC WORKS CIVIC 7110 210TH ; E 422.000.72.531.90.47.00 41.3� .i 200024711901 CITY PARK BUILDING 600 3RD AVE CITY PARK BUILDING 600 3RD AVE 0 001.000.66.518.30.47.00 217.3� > Total: 4,224.X o a 247613 6/3/2021 077429 PURE WATER AQUATICS 2280 PM SUPPLIES: AED CABINET Q" Q PM SUPPLIES: AED CABINET .r 001.000.64.576.80.31.00 295.8E N 10.4% Sales Tax Cl) 001.000.64.576.80.31.00 30.7 1 c Total : 326.6! ,n E 247614 6/3/2021 076328 SCJ ALLIANCE 63557 E20CE SERVICES THRU 5/1/2021 2 E20CE SERVICES THRU 5/1/2021 U 112.000.68.595.33.41.00 67,967.4< r- E20CE SERVICES THRU 5/1/2021 E 126.000.68.595.33.41.00 393.7� U �a Q Page: 23 Packet Pg. 64 vchlist 06/03/2021 9:38:02AM Voucher List City of Edmonds 7.2.a Page: 24 Bank code : Voucher usbank Date Vendor Invoice PO # Description/Account Amoun 247614 6/3/2021 076328 076328 SCJ ALLIANCE (Continued) Total : 68,361.2: 247615 6/3/2021 066964 SEATTLE AUTOMOTIVE DIST INC S5-6315157 FLEET - PARTS FLEET - PARTS 511.000.77.548.68.34.40 306.8( 10.4% Sales Tax 511.000.77.548.68.34.40 31.9- Total : 338.71 247616 6/3/2021 066918 SEDOR, NORMAN 37 REIMBURSEMENT REIMBURSEMENT 009.000.39.517.20.29.00 5,700.0( Total: 5,700.0( 247617 6/3/2021 063306 SHERWIN-WILLIAMS 1093-6 PM PAINT SUPPLIES PM PAINT SUPPLIES 001.000.64.576.80.31.00 35.4� PAINT RECYCLING FEE 001.000.64.576.80.31.00 0.9E 10.4% Sales Tax 001.000.64.576.80.31.00 3.6� Total : 40.1; 247618 6/3/2021 078372 SHERWOOD PARENT STAFF ORGANIZN 05202021 DC Grant DIVERSITY COMMISSION GRANT A DIVERSITY COMMISSION GRANT 001.000.61.557.20.41.00 500.0( Tota I : 500.0( 247619 6/3/2021 066754 SNO CO PUBLIC WORKS I000556730 SNO COUNTY ASSISTANCE LOAN ( Sno County Assistance Loan 03-201 E 422.000.72.591.31.78.00 21,513.1 E Sno County Assistance Loan 03-201 E 422.000.72.592.31.83.20 5,808.5E Total: 27,321.71 247620 6/3/2021 037375 SNO CO PUD NO 1 200202547 PEDEST CAUTION LIGHT 21930 95- PEDEST CAUTION LIGHT 21930 95- Page: 24 Packet Pg. 65 vchlist 06/03/2021 9:38:02AM Voucher List City of Edmonds Bank code : usbank Voucher Date Vendor Invoice 247620 6/3/2021 037375 SNO CO PUD NO 1 (Continued) 200348233 200468593 200493146 200638609 200714038 200865202 201197084 201236825 201327111 201572898 201656907 201751476 PO # Description/Account 111.000.68.542.64.47.00 TRAFFIC LIGHT 22000 84TH AVE W TRAFFIC LIGHT 22000 84TH AVE W 111.000.68.542.64.47.00 LIFT STATION #4 8311 TALBOT RD / LIFT STATION #4 8311 TALBOT RD / 423.000.75.535.80.47.10 MAPLEWOOD PARK IRRIGATION M MAPLEWOOD PARK IRRIGATION M 001.000.64.576.80.47.00 OLD PUBLIC WORKS 200 DAYTON OLD PUBLIC WORKS 200 DAYTON 421.000.74.534.80.47.00 SEAVIEW PARK SEAVIEW PARK 001.000.64.576.80.47.00 LIFT STATION #3 1529 NORTHSTRE LIFT STATION #3 1529 NORTHSTRE 423.000.75.535.80.47.10 SEAVIEW PARK SEAVIEW PARK 001.000.64.576.80.47.00 FISHING PIER RESTROOMS FISHING PIER RESTROOMS 001.000.64.576.80.47.00 PINE ST PARK PINE ST PARK 001.000.64.576.80.47.00 TRAFFIC LIGHT 117 3RD AVE S / ME TRAFFIC LIGHT 117 3RD AVE S / ME 111.000.68.542.64.47.00 DECORATIVE LIGHTING 413 MAIN DECORATIVE LIGHTING 413 MAIN 111.000.68.542.63.47.00 TRAFFIC LIGHT 9932 220TH ST SW 7.2.a Page: 25 aD L 3 c �a Amoun y 0 a aD 16.6( 'D U m 40.4< N m 248.6z m c 16.6( c �a 165.0E o 0 �a a 18.Of U 45 59.7- 0 �a 0 L 23.6z a Q 144.6' N Cl) 0 0 16.6( ,n E 2 U 38.5E c aD E 108.01 Q Page: 25 Packet Pg. 66 vchlist 06/03/2021 9:38:02AM Bank code : usbank Voucher Date Vendor 247620 6/3/2021 037375 SNO CO PUD NO 1 247621 247622 247623 247624 Voucher List City of Edmonds Invoice (Continued) 201782646 202421582 202807632 6/3/2021 075292 SNOHOMISH CO AUDITOR'S OFFICE Koszarek & Simmons 6/3/2021 075292 SNOHOMISH CO AUDITOR'S OFFICE Release of Liens 6/3/2021 076433 SNOHOMISH COUNTY 911 6/3/2021 038300 SOUND DISPOSAL CO 10-IN 103587 PO # Description/Account TRAFFIC LIGHT 9932 220TH ST SW 111.000.68.542.64.47.00 TRAFFIC LIGHT 901 WALNUT ST / � TRAFFIC LIGHT 901 WALNUT ST / � 111.000.68.542.64.47.00 LOG CABIN & DECORATIVE LIGHTI LOG CABIN & DECORATIVE LIGHTI 001.000.66.518.30.47.00 TRAFFIC LIGHT 8429 196TH ST SW TRAFFIC LIGHT 8429 196TH ST SW 001.000.66.518.30.47.00 Total ACCESSORY DWELLING UNIT COb accessory dwelling unit covenant for 001.000.25.514.30.49.00 Total RELEASE OF LIENS FOR FINANCE release of liens 421.000.74.534.80.49.00 release of liens 423.000.75.535.80.49.00 Total JUN-2021 COMMUNICATION DISPA- JUN-2021 COMMUNICATION DISPA- 001.000.39.528.00.41.50 JUN-2021 COMMUNICATION DISPA- 421.000.74.534.80.41.50 JUN-2021 COMMUNICATION DISPA- 423.000.75.535.80.41.50 Total PARKS MAINT GARBAGE & RECYC 7.2.a Page: 26 a� L 3 c �a Amoun N 0 a m 47.0z u 16.6( m t U 41.9E m c d 17.9E 1,020.2' sa 0 �a a 103.5( 103.5( 0 �a 340.0( o L a 340.0( Q 680.0( " N M 0 70,384.0E E 1,852.2- 'R 1,852.2- 74,088.5( t U co Q Page: 26 Packet Pg. 67 vchlist 06/03/2021 9:38:02AM Voucher List City of Edmonds 7.2.a Page: 27 Bank code : Voucher usbank Date Vendor Invoice PO # Description/Account a� L 3 c �a Amoun y 247624 6/3/2021 038300 SOUND DISPOSAL CO (Continued) 0 PARKS MAINT GARBAGE AND REC 001.000.64.576.80.47.00 1,162.5E u 104757 WWTP: 5/2021 ROLLOFF ASH DISP L 5/2021 ROLLOFF ASH DISPOSAL+E 423.000.76.535.80.47.65 5,639.0, 201159 WWTP: 5/2021 DROPBOXES & DUN a0i 5/2021 DROPBOXES & DUMP FEES U 423.000.76.535.80.47.65 823.0E Total: 7,624.7' c d 247625 6/3/2021 078370 TEAM WENDY LLC CD970041531 INV CD970041531 - CUST T12726- E BALLISTIC HELMET - SWAT �a 001.000.41.521.23.35.00 1,175.6� o QUICK RELEASE ADAPTER KIT 001.000.41.521.23.35.00 83.9" a Freight 001.000.41.521.23.35.00 42.0 , '� Total: 1,301.61, 0 247626 6/3/2021 027269 THE PART WORKS INC INV66190 PM SUPPLIES: VALVE REPAIR KIT 7a PM SUPPLIES: VALVE REPAIR KIT > 0 001.000.64.576.80.31.00 535.4< a 10.4% Sales Tax Q 001.000.64.576.80.31.00 55.6E v INV67623 CITY HALL - SUPPLIES/ URINAL CITY HALL - SUPPLIES/ URINAL c 001.000.66.518.30.31.00 402.1' co 10.4% Sales Tax 001.000.66.518.30.31.00 41.8', E Total: 1,035.01 247627 6/3/2021 064214 USSSA WASHINGTON STATE 1129 SPRING SOFTBALL TEAM REGISTF SPRING SOFTBALL TEAM REGISTF E 001.000.64.571.25.49.00 2,280.0( �a Q Page: 27 Packet Pg. 68 vchlist 06/03/2021 9:38:02AM Bank code : usbank Voucher List City of Edmonds Voucher Date Vendor Invoice 247627 6/3/2021 064214 064214 USSSA WASHINGTON STATE (Continued) 247628 6/3/2021 067865 VERIZON WIRELESS 9880361440 PO # Description/Account Total C/A 571242650-0001 iPhone/iPad Cell Service Bldg 001.000.62.524.20.42.00 iPhone/iPad Cell Service City Clerk 001.000.25.514.30.42.00 iPhone/iPad Cell Service Comm Svc 001.000.61.557.20.42.00 iPhone/iPad Cell Service Council 001.000.11.511.60.42.00 iPhone/iPad Cell Service Court 001.000.23.512.50.42.00 iPhone/iPad Cell Service Dev Svcs 001.000.62.524.10.42.00 iPhone/iPad Cell Service Engineering 001.000.67.518.21.42.00 iPhone/iPad Cell Service Facilities 001.000.66.518.30.42.00 iPhone/iPad Cell Service Finance 001.000.31.514.20.42.00 iPhone/iPad Cell Service Finance 001.000.31.514.23.42.00 iPhone/iPad Cell Service HR 001.000.22.518.10.42.00 iPhone/iPad Cell Service Human Sen 001.000.63.557.20.42.00 iPhone/iPad Cell Service IS 512.000.31.518.88.42.00 iPhone/iPad Cell Service Mayor 001.000.21.513.10.42.00 iPhone/iPad Cell Service Park Admin 001.000.64.571.21.42.00 iPhone/iPad Cell Service Parks Maint 001.000.64.576.80.42.00 7.2.a Page: 28 aD L 3 c �a Amoun y 0 2,280.0( 0 U d L_ 639.9, N 36.1.E U 149.0E m c 772.6E 307.0E 0 321.1 �a a 1,474.6E 227.0E U 0 36.1.E 0 L 36.1.E a Q 150.8 , N 50.2� Cl) 0 413.2E 100.5E 50.2E (D E t 321.1 E L) Q Page: 28 Packet Pg. 69 vchlist 06/03/2021 9:38:02AM Bank code : usbank Voucher Date Vendor 247628 6/3/2021 067865 VERIZON WIRELESS Voucher List City of Edmonds Invoice PO # Description/Account (Continued) iPhone/iPad Cell Service Parks Rec 001.000.64.571.22.42.00 iPhone/iPad Cell Service PD 001.000.41.521.10.42.00 Air cards PD 001.000.41.521.10.42.00 iPhone/iPad Cell Service Planning 001.000.62.558.60.42.00 iPhone/iPad Cell Service PW Admin 001.000.65.518.20.42.00 iPhone/iPad Cell Service PW Admin 421.000.74.534.80.42.00 iPhone/iPad Cell Service PW Admin 422.000.72.531.90.42.00 iPhone/iPad Cell Service PW Admin 423.000.75.535.80.42.00 iPhone/iPad Cell Service PW Admin 423.000.76.535.80.42.00 iPhone/iPad Cell Service Street 111.000.68.542.90.42.00 iPhone/iPad Cell Service Fleet 511.000.77.548.68.42.00 iPhone/iPad Cell Service Water/SeWe 421.000.74.534.80.42.00 iPhone/iPad Cell Service Water/Sewe 423.000.75.535.80.42.00 iPhone/iPad Cell Service Sewer 423.000.75.535.80.42.00 iPhone/iPad Cell Service Water 421.000.74.534.80.42.00 iPhone/iPad Cell Service Storm 422.000.72.531.90.42.00 iPhone/iPad Cell Service Street/Storn 111.000.68.542.90.42.00 7.2.a Page: 29 aD L 3 c �a Amoun N 0 a m 140.5E u L 2,508.4z N 1,160.2E v 389.1, m c 26.6E m c 7.6, f° 0 L 26.6E a 7.6, E 7.6( ,- 0 166.4E > 0 L 50.2E a Q 55.5E N Cl) 55.5 1 m 0 340.6z 486.5z c 156.1E z 265.2 - Q Page: 29 Packet Pg. 70 7.2.a vchlist Voucher List Page: 30 06/03/2021 9:38:02AM City of Edmonds Bank code : Voucher usbank Date Vendor Invoice PO # Description/Account a� L 3 c �a Amoun y 247628 6/3/2021 067865 VERIZON WIRELESS (Continued) 0 m iPhone/iPad Cell Service Street/Storn 422.000.72.531.90.42.00 265.2( u iPhone/iPad Cell Service WWTP L 423.000.76.535.80.42.00 660.4E iPhone/iPad Cell Service Parks Disco Y 001.000.64.571.23.42.00 40.0- 9880495457 C/A 772540262-00001 v Cradlepoint 1 - Court/IT 512.000.31.518.88.42.00 100.0- c Trimble 2 - Engineering Storm M 421.000.74.534.80.49.20 3.3" Trimble 2 - Engineering Storm 422.000.72.531.90.49.20 3.3- o Trimble 2 - Engineering Storm 423.000.75.535.80.49.20 3.4( a Trimble 1 - Storm 422.000.72.531.90.42.00 10.0, Lake Ballinger monitor 422.000.72.531.90.49.20 32.3, _0 Wonderwear Modem Water/Sewer Te fd 421.000.74.534.80.42.00 17 0, so- Wonderwear Modem Water/Sewer Te a 423.000.75.535.80.42.00 17.0' Q Total : 12,089.71 N 247629 6/3/2021 064972 VIRGINIA MASON MEDICAL CENTER 05122021 POLICE PRE -EMPLOYMENT o DUNHAM - PREEMPLOYMENT C° 0 001.000.22.521.10.41.00 347.0( N Total : 347.0( . 247630 6/3/2021 075283 WAVE 3201-1027483-01 FIBER HIGH SPEED INTERNET SEF U High Speed Internet service 06/01/21 512.000.31.518.87.42.00 a� 816.0( E Total: 816.0( U �a Q Page: 30 Packet Pg. 71 7.2.a vchlist Voucher List Page: 31 06/03/2021 9:38:02AM City of Edmonds a� L 3 Bank code : usbank c �a Voucher Date Vendor Invoice PO # Description/Account Amoun N 247631 6/3/2021 075635 WCP SOLUTIONS 12274441 PARKS FACILITY MAINT SUPPLIES 0 m PARKS FACILITY MAINT SUPPLIES 001.000.64.576.80.31.00 70.8( u 10.4% Sales Tax L 001.000.64.576.80.31.00 7.3E 12274442 FAC MAINT - SUPPLIES FAC MAINT - SUPPLIES 001.000.66.518.30.31.00 1,108.7( v 10.4% Sales Tax 001.000.66.518.30.31.00 115.3( c Total : 1,302.1E M 247632 6/3/2021 073552 WELCO SALES LLC 8019 BUSINESS CARDS FOR ENGINEER business cards for russel lynch for o 001.000.67.518.21.49.00 57.0( 10.4% Sales Tax a 001.000.67.518.21.49.00 5.9< 8020 UTILITY BILLING - #10 WINDOW & E UTILITY BILLING - #10 WINDOW & E U 421.000.74.534.80.31.00 183.E 0 UTILITY BILLING - #10 WINDOW & E Ta 423.000.75.535.80.31.00 183.E o UTILITY BILLING - #10 WINDOW & E a 422.000.72.531.90.31.00 183.6E Q 10.4% Sales Tax 421.000.74.534.80.31.00 19.1( N 10.4% Sales Tax Cl) 423.000.75.535.80.31.00 19.1( c 10.4% Sales Tax 422.000.72.531.90.31.00 19.1( . Total : 671 Z u 247633 6/3/2021 075926 WESTERN EXTERMINATOR 8083157 PS - BIMONTHLY SERVICE PS - BIMONTHLY SERVICE E 001.000.66.518.30.41.00 103.9E 10.4% Sales Tax Q Page: 31 Packet Pg. 72 vchlist 06/03/2021 9:38:02AM Voucher List City of Edmonds Bank code : usbank Voucher Date Vendor Invoice 247633 6/3/2021 075926 WESTERN EXTERMINATOR (Continued) 247634 6/3/2021 075743 WHISTLE WORKWEAR OF SHORELINE 203420 247635 6/3/2021 011900 ZIPLY FIBER 203421 203422 253-007-4989 253-012-9166 253-012-9189 253-014-8062 PO # Description/Account 001.000.66.518.30.41.00 Total : WWTP: KDUNN RAINBOOTS--SHOI KDUNN RAINBOOTS--SHORELINE 423.000.76.535.80.24.00 Sales Tax 423.000.76.535.80.24.00 WWTP: KDUNN UNIFORMALLOW.- KDunn Uniform Allowance Purchase ; 423.000.76.535.80.24.00 Sales Tax 423.000.76.535.80.24.00 WWTP: KDUNN 2021 RAINGEAR KDUNN RAINBOOTS--SHORELINE 423.000.76.535.80.24.00 Sales Tax 423.000.76.535.80.24.00 Total SEAVIEW RESERVOIR TELEMETR) SEAVIEW RESERVOIR TELEMETR) 421.000.74.534.80.42.00 TELEMETRY CIRCUIT LINES TELEMETRY CIRCUIT LINES 421.000.74.534.80.42.00 TELEMETRY CIRCUIT LINES 423.000.75.535.80.42.00 WWTP: 5/25=6/24/21 AUTO DIALER 5/25=6/24/21 AUTO DIALER - 1 VOI 423.000.76.535.80.42.00 TELEMETRY CIRCUIT LINE TELEMETRY CIRCUIT LINE 421.000.74.534.80.42.00 TELEMETRY CIRCUIT LINE 7.2.a Page: 32 aD L 3 c �a Amoun y 0 a aD 10.8- -0 114.7E u m L_ N 125.9� t U 12.8E m c d 140.2 , c �a 14.3- o �a a 197.9f 20.1 � U 511.55 0 �a 0 L a 31.1, Q N 162.7- c 302.1 N E 2 41.5E U c a� E 19.8 U co Q Page: 32 Packet Pg. 73 vchlist 06/03/2021 9:38:02AM Bank code : usbank Voucher Date Vendor 247635 6/3/2021 011900 ZIPLY FIBER 82 Vouchers for bank code : usbank 82 Vouchers in this report Voucher List City of Edmonds Invoice PO # Description/Account (Continued) 423.000.75.535.80.42.00 253-017-4360 TELEMETRY CIRCUIT LINE TELEMETRY CIRCUIT LINE 421.000.74.534.80.42.00 TELEMETRY CIRCUIT LINE 423.000.75.535.80.42.00 425-712-8347 CIVIC CENTER ELEVATOR PHONE CIVIC CENTER ELEVATOR PHONE 001.000.66.518.30.42.00 425-771-5553 WWTP: 5/25-6/24/21 AUTO DIALER: 5/25-6/24/21 AUTO DIALER - 1 BUS 423.000.76.535.80.42.00 Tota I : Bank total Total vouchers 7.2.a Page: 33 a� L 3 c �a Amoun N 0 a aD 36.9( 'D U d 47.0z N 87.3E 75.0( a� 132.7E 936.5( p 0 454,843.2( a 454,843.2E . �a U 4- 0 �a 0 L Q Q Q r N M O O O N E 2 V a 0 E t V f6 Q Page: 33 Packet Pg. 74 7.2.b vchlist 06/02/2021 12 : 47 : 47 P M Bank code: usbank Voucher Date Vendor 5282021 5/28/2021 062693 US BANK 1 Vouchers for bank code : usbank 1 Vouchers in this report Voucher List City of Edmonds Invoice PO # Description/Account 0824 US BANK - CC FINAL WESTERN SUPPLY LANYARDS 001.000.67.518.21.49.00 FISHERIES SUPPLY ROPE AND VIN 001.000.67.518.21.49.00 JACOBSEN'S MARINE 8FT PREMIU 001.000.67.518.21.49.00 Total Bank total Total vouchers Page: 1 m L 3 c ea Amoun 00 a 0 0 138.9, m =a 143.2- Y m 51.91 334.0° m 334.0: a0i 334.0° �a Page: 1 Packet Pg. 75 7.2.c PROJECT NUMBERS (By Project Title) Project Engineering Accounting Project Funding Project Title Number Number 4th St. & 71st Ave Storm Improvements STM 175th St. SW Slope Stabilization c560 E21 FIB STM W1 8 Lorian Woos s01 SWR 2019 Sewerline Replacement Project c516 EBGA STM W019 Storm Maintenance Project c525 EBFC WTR 2019 Swedish Waterline Replacement c523 EBJA r STR 2019 Traffic Calmi i038 E9AA STR 2019 Traffic Signal Upgrades i045 E9AD UTILITIES 2019 Utility Rate & GFC Update WTR 2019 Waterline Overlay i043 E9CB EkWTR 2019 Waterline Replacement E7JA STR 2020 Guardrail Installations i046 EOAA NFSTR 2020 Overlay Program STR 2020 Pedestrian Safety Program i049 EODB STR 2020 Pedestrian Task Force STR 2020 Traffic Calming i048 EOAC STR 2020 Traffic Signal Upgrades STR 2020 Waterline Overlay i053 EOCC STR Guardrail Installations i057 STR 2021 Overlay Program i051 q=FJB E21 CA STR 2021 Pedestrian Task Force i062 SWR 2021 Sewer Overlay Program i060 E21 CC STM 2021 Stormwater Overlay Program i061 E21 CD STR 2021 Traffic Calming i056 E21AA 111LWTR 2021 Waterline Overlay Program i059� F21CjPJM STR 220th Adaptive i028 EBAB ELSTR 228th St. SW Corridor Improvements STR 238th St. Island & Misc. Ramps i037 EBDC KSTR 238th St. SW Walkway (100th Ave to 104th Ave STR 238th St. SW Walkway (Edmonds Way to Hwy 99) c485 E6DA ErSTR 76th Ave Overlay (196th St. to OV STR 76th Ave W & 220th St. SW Intersection Improvements i029 EBCA th Ave W at 212th St SW Intersection Improvements �368 STR 84th Ave W Overlay from 220th to 212th i031 EBCC 89th PI W Retaining V _025 STR ADA Curb Ramps i033 EBDB dmiral WIMIRdestrian Crossing i040 STR Audible Pedestrian Signals i024 E7AB STM Ballinger Regional Facility Pre -Design s022 E91FA STR Bikelink Project c474 ESDA STR Citywide Bicycle Improvements Project i050 SWR Citywide CIPP Sewer Rehab Phase II c488 E6GB KSTR Citywide Pedestrian Crossing Enhanceme i026 STR Citywide Protected/Permissive Traffic Signal Conversion i015 E6AB WORK Civic Center Playfield (Construction) EOMA Revised 6/2/2021 Packet Pg. 76 7.2.c PROJECT NUMBERS (By Project Title) Project Engineering Accounting Project Funding Project Title Number Number PRK Civic Center Playfield (Design) c536 EOMA ayton St. Utility Replacem 3rd Ave to 9th Ave) c482 E5JB STM Dayton Street Stormwater Pump Station c455 E4FE Irp Edmonds Fishing Pier Re c443 E4MB STR Edmonds Street Waterfront Connector c478 E5DB WTR Elm St. Waterline Replacement c561 E21JB STR Elm Way Walkway from 8th Ave to 9th Ave i058 E21 DA WTR Five Corners Reservoir Re -coating c473 E5KA PM Fourth Avenue Cultural Corridor c282 E8MA a—STR Hwy 99 Gateway Revitalization E6AA STM Lake Ballinger Associated Projects c436 E4FD KPWR Lake Ballinger Trunk Sewer Study E5GB SWR Lift Station #1 Basin & Flow Study c461 E4GC IrSTR Minor Sidewalk Program STM NPDES (Students Saving Salmon) m013 E7FG Official Street Map & Sidewalk Plan Update STM OVD Slope Repair & Stabilization m105 E7FA errinville Creek Flow Reduction Improvements 52 E20FC STM Perrinville Creek Recovery Study s028 E21 FC hase Annual Water Utility Replacement Project c549 WTR Phase 12 Annual Water Utility Replacement Project c558 E21JA STM Phase 2 Annual Storm Utility Replacement Proj c547 EOFB SWR Phase 8 Annual Sewer Replacement Project c548 EOGA SWR Phase 9 Annual Sewer Replacement Project c559 E21 GA FAC PW Concrete Regrade & Drainage South c502 E9MA SWR Sanitary Sewer and Stormwater Pipe Rating Services c562 E21GB il STM Seaview Park Infiltration Facility c479 E5FD KSTM Seaview Park Infiltration Facility Phase 2i c54 WWTP Sewer Outfall Groundwater Monitoring c446 E4HA ELTR SR Revitalization Stage 2 (Medians, Gateway Signage & Hawk Signal) E20CE UTILITIES Standard Details Updates solo E5NA KSTM Storm Drain Improvements @ 9510 232nd St. SW E7FB STM Stormwater Comp Plan Update s017 E6FD VSTR Sunset Walkway Improvements 54 STR Trackside Warning System c470 E5AA STR lWalnut St. Walkway (3 �044 DC PRK Waterfront Development & Restoration (Construction) c544 E7MA PRK Waterfront Development & Restoration (Deslgqmmmpp� c496 E7MA PRK Waterfront Development & Restoration (Pre - Design) m103 E7MA STM Willow Creek Daylighting/Edmonds Marsh Restoration c435 E4FC WWTP WWTP Outfall Pipe Modifications c481 E5HA & Seaview Reservoir Assessment s026� EOJB PRK rYost IYost Park Infiltration Facility c556 E21 FA Revised 6/2/2021 Packet Pg. 77 7.2.c PROJECT NUMBERS (By Engineering Number) Engineering Protect Protect Accounting Funding Number Number Protect Title STR EOAA i046 =20 Guardrail Installation STR EOAB i047 2020 Traffic Signal Upgrades STR EOAC i048 2020 Traffic Calming STR EOCA i042 2020 Overlay Program STR EOCC i053 2020 Waterline Overlay STR EODA s024 2020 Pedestrian Task Force i049-IM20 Pedestrian Safety Progr STR EODC i050 Citywide Bicycle Improvements Project c546L Seaview Park Infiltration Facility Phase 2 STM E0F13 c547 Phase 2 Annual Storm Utility Replacement Project 548W Phase 8 Annual Sewer Replacement Project WTR EOJA c549 Phase 11 Annual Water Utility Replacement Project EOJB s026 00'ost & Seaview Reservoir Assessment PRK EOMA c551 Civic Center Playfield (Construction) EOMA c536 Civic Center Playfield (Design) Fr GF EONA s025 Official Street Map & Sidewalk Plan Update E1 CA c368 76th Ave W at 212th St SW Intersection Improvements STR E1DA c354 Sunset Walkway Improvements STR E20CB i052 76th Ave Overlay (196th St. to OVD) STR E20CE i055 SR Revitalization Stage 2 (Medians, Gateway Signage & Hawk Signal) E20FC c552 Perrinville Creek Flow Reduction Improvements STR E21AA i056 2021 Traffic Calming 2021 Guardrail Installations STR E21 CA i051 2021 Overlay Program 2021 Waterline Overlay Program SWR E21 CC i060 2021 Sewer Overlay Program ori061 2021 Stormwater Overlay Program STR E21 DA i058 Elm Way Walkway from 8th Ave to 9th Ave i062 2021 Pedestrian Task Forc PRK E21 FA c556 Yost Park Infiltration Facility E21 FB c560 W Slope Stabilization STM E21 FC s028 Perrinville Creek Recovery Study SWR E21 GA c559 Phase 9 Annual Sewer Replacement Project SWR E21 GB c562 Sanitary Sewer and Stormwater Pipe Rating Services WTR E21JA c558 'Phase 12 Annual Water Utility Replacement Project WTR E21JB c561 Elm St. Waterline Replacement c423W38th St. SW Walkway (100th Ave to 104th Ave STM E4FC c435 Willow Creek Daylighting/Edmonds Marsh Restoration Lake Ballinger Associated Projects STM E41FE c455 Dayton Street Stormwater Pump Station SW Basin & Flow Study WWTP E4HA c446 Sewer Outfall Groundwater Monitoring c443 Edmonds Fishing STR ESAA c470 Trackside Warning System Revised 6/2/2021 Packet Pg. 78 7.2.c PROJECT NUMBERS (By Engineering Number) Engineering Protect Protect Accounting Funding Number Number Protect Title STR E5DB c478 Edmonds Street Waterfront Connector STM E5FD c479 Weaview Park Infiltration Facility SWR E5GB s011 Lake Ballinger Trunk Sewer Study WWTP E5HA c481 WWTP Outfall Pipe Modifications WTR E5JB c482 Dayton St. Utility Replacement Project (3rd Ave to 9th Ave) WTR c473 Five Corners Reservoir Re -coating UTILITIES E5NA solo Standard Details Updates -014A Hwy 99 Gateway Revitalization STR E6AB i015 Citywide Protected/Permissive Traffic Signal Conversion 238th St. SW Walkway (Edmonds Way to Hwy 99) STR E6DD i017 Minor Sidewalk Program Stormwater Comp Plan Update SWR E6GB c488 Citywide CIPP Sewer Rehab Phase II 7ABW i024 dible Pedestrian Signals STR E7AC i005 228th St. SW Corridor Improvements E7CD i025 89th PI W Retaining STR E7DC i026 Citywide Pedestrian Crossing Enhancements STM E7FA m105 OVD Slope Repair & Stabilizati STM E7FB c495 Storm Drain Improvements @ 9510 232nd St. SW �M E7FG m013 NPDES (Students Saving Salmon) WTR E7JA c498 2019 Waterline Replacement E7MA c544 Waterfront Development & Restoration (Construction) PRK E7MA c496 Waterfront Development & Restoration (Design) E7MAjM m10311 Waterfront Development & Restoration (Pre - Design) STR E8AB i028 220th Adaptive i029 76th Ave W & 220th St. SW Intersection Improvements STR E8CC i031 84th Ave W Overlay from 220th to 212th i033 STR E8DC i037 238th St. Island & Misc. Ramps 8FA s018 1WO18 Lonan Woods Stu STM E8FB c521 174th St. & 71st Ave Storm Improvements STM E8FC c525 2019 Storm Maintenance Proj SWR E8GA c516 2019 Sewerline Replacement Project WTR E8JA c523 2019 Swedish Waterline Replacement UTILITIES E8JB s020 2019 Utility Rate & GFC Update EL PM E8MA c282 Fourth Avenue Cultural Corridor STR E9AA i038 2019 Traffic Calming i045IM019 Traffic Signal Upgrades WTR E9CB i043 2019 Waterline Overlay Admiral Way Pedestrian Crossing STR E9DC i044 Walnut St. Walkway (3rd-4th) s022 Ballinger Regional Facility Pre -Design FAC E9MA c502 PW Concrete Regrade & Drainage South Revised 6/2/2021 Packet Pg. 79 7.2.c PROJECT NUMBERS (By New Project Accounting Number) Engineering Project Project Accounting Funding Number Number Project Title PM EBMA c282 Fourth Avenue Cultural Corridor STIR E1 DA c354 Sunset Walkway Improvements STIR E1 CA c368 76th Ave W at 212th St SW Intersection Improvements STIR E3DB c423 238th St. SW Walkway (100th Ave to 104th Ave) STM E4FC c435 Willow Creek Daylighting/Edmonds Marsh Restoration STM E4FD c436 Lake Ballinger Associated Projects FAC E4MB c443 Edmonds Fishing Pier Rehab WWTP E4HA c446 Sewer Outfall Groundwater Monitoring STM E4FE c455 Dayton Street Stormwater Pump Station SWR E4GC c461 Lift Station #1 Basin & Flow Study STIR ESAA c470 Trackside Warning System WTR ESKA c473 Five Corners Reservoir Re -coating STIR ESDA c474 Bikelink Project STIR ESDB c478 Edmonds Street Waterfront Connector STM ESFD c479 Seaview Park Infiltration Facility WWTP ESHA c481 WWTP Outfall Pipe Modifications WTR ESJB c482 Dayton St. Utility Replacement Project (3rd Ave to 9th Ave) STIR E6DA c485 238th St. SW Walkway (Edmonds Way to Hwy 99) SWR E6GB c488 Citywide CIPP Sewer Rehab Phase II STM E7FB c495 Storm Drain Improvements @ 9510 232nd St. SW PRK E7MA c496 Waterfront Development & Restoration (Design) WTR E7JA c498 2019 Waterline Replacement FAC E9MA c502 PW Concrete Regrade & Drainage South SWR EBGA c516 2019 Sewerline Replacement Project STM EBFB c521 174th St. & 71st Ave Storm Improvements WTR EBJA c523 2019 Swedish Waterline Replacement STM EBFC c525 2019 Storm Maintenance Project PRK EOMA c536 Civic Center Playfield (Design) PRK E7MA c544 Waterfront Development & Restoration (Construction) STM EOFA c546 Seaview Park Infiltration Facility Phase 2 STM EOFB c547 Phase 2 Annual Storm Utility Replacement Project SWR EOGA c548 Phase 8 Annual Sewer Replacement Project WTR EOJA c549 Phase 11 Annual Water Utility Replacement Project PRK EOMA c551 Civic Center Playfield (Construction) STM E20FC c552 Perrinville Creek Flow Reduction Improvements PRK E21 FA c556 Yost Park Infiltration Facility WTR E21JA c558 Phase 12 Annual Water Utility Replacement Project SWR E21 GA c559 Phase 9 Annual Sewer Replacement Project STM E21 FB c560 175th St. SW Slope Stabilization WTR E21JB c561 Elm St. Waterline Replacement SWR E21 GB c562 Sanitary Sewer and Stormwater Pipe Rating Services STIR E7AC i005 228th St. SW Corridor Improvements STIR E6AB i015 Citywide Protected/Permissive Traffic Signal Conversion STIR E6DD i017 Minor Sidewalk Program STIR E7AB i024 Audible Pedestrian Signals Revised 6/2/2021 Packet Pg. 80 7.2.c PROJECT NUMBERS (By New Project Accounting Number) Engineering Project Project Accounting Funding Number Number Project Title STIR E7CD i025 89th PI W Retaining Wall STIR E7DC i026 Citywide Pedestrian Crossing Enhancements STIR EBAB i028 220th Adaptive STIR EBCA i029 76th Ave W & 220th St. SW Intersection Improvements STIR EBCC i031 84th Ave W Overlay from 220th to 212th STIR EBDB i033 ADA Curb Ramps STIR EBDC i037 238th St. Island & Misc. Ramps STIR E9AA i038 2019 Traffic Calming STIR E9DA i040 Admiral Way Pedestrian Crossing STIR EOCA i042 2020 Overlay Program WTR E9CB i043 2019 Waterline Overlay STIR E9DC i044 Walnut St. Walkway (3rd-4th) STIR E9AD i045 2019 Traffic Signal Upgrades STIR EOAA i046 2020 Guardrail Installations STIR EOAB i047 2020 Traffic Signal Upgrades STIR EOAC i048 2020 Traffic Calming STIR EODB i049 2020 Pedestrian Safety Program STIR EODC i050 Citywide Bicycle Improvements Project STIR E21 CA io51 2021 Overlay Program STIR E20CB i052 76th Ave Overlay (196th St. to OVD) STIR EOCC io53 2020 Waterline Overlay STIR E20CE i055 SR Revitalization Stage 2 (Medians, Gateway Signage & Hawk Signal) STIR E21 AA i056 2021 Traffic Calming STIR E21AB i057 2021 Guardrail Installations STIR E21 DA i058 Elm Way Walkway from 8th Ave to 9th Ave WTR E21 CB i059 2021 Waterline Overlay Program SWR E21 CC i060 2021 Sewer Overlay Program STM E21 CD i061 2021 Stormwater Overlay Program STIR E21 DB i062 2021 Pedestrian Task Force STM E7FG m013 NPDES (Students Saving Salmon) PRK E7MA m103 Waterfront Development & Restoration (Pre - Design) STM E71FA m105 OVD Slope Repair & Stabilization UTILITIES ESNA solo Standard Details Updates SWR ESGB s0l l Lake Ballinger Trunk Sewer Study STIR E6AA s014 Hwy 99 Gateway Revitalization STM E6FD s017 Stormwater Comp Plan Update STM EBFA s018 2018 Lorian Woods Study UTILITIES EBJB s020 2019 Utility Rate & GFC Update STM E91FA s022 Ballinger Regional Facility Pre -Design STIR EODA s024 2020 Pedestrian Task Force GF EONA s025 Official Street Map & Sidewalk Plan Update WTR EOJB s026 Yost & Seaview Reservoir Assessment STM E21 FC s028 Perrinville Creek Recovery Study Revised 6/2/2021 Packet Pg. 81 7.2.c PROJECT NUMBERS (By Funding) Protect Engineering Accounting Project Funding Protect Title Number Number FAC Edmonds Fishing Pier Rehab c443 E4MB FAC PW Concrete Regrade & Drainage South c502 E9MA GF Official Street Map & Sidewalk Plan Update s025 EONA PM Fourth Avenue Cultural Corridor c282 EBMA PRK Civic Center Playfield (Construction) c551 EOMA PRK Civic Center Playfield (Design) c536 EOMA PRK Waterfront Development & Restoration (Construction) c544 E7MA PRK Waterfront Development & Restoration (Design) c496 E7MA PRK Waterfront Development & Restoration (Pre - Design) m103 E7MA PRK Yost Park Infiltration Facility c556 E21 FA STM 174th St. & 71 st Ave Storm Improvements c521 EBFB STM 175th St. SW Slope Stabilization c560 E21 FB STM 2018 Lorian Woods Study s018 EBFA STM 2019 Storm Maintenance Project c525 EBFC STM 2021 Stormwater Overlay Program i061 E21 CD STM Ballinger Regional Facility Pre -Design s022 E9FA STM Dayton Street Stormwater Pump Station c455 E4FE STM Lake Ballinger Associated Projects c436 E4FD STM NPDES (Students Saving Salmon) m013 E7FG STM OVD Slope Repair & Stabilization m105 E7FA STM Perrinville Creek Flow Reduction Improvements c552 E20FC STM Perrinville Creek Recovery Study s028 E21 FC STM Phase 2 Annual Storm Utility Replacement Project c547 EOFB STM Seaview Park Infiltration Facility c479 ESFD STM Seaview Park Infiltration Facility Phase 2 c546 EOFA STM Storm Drain Improvements @ 9510 232nd St. SW c495 E7FB STM Stormwater Comp Plan Update s017 E6FD STM Willow Creek Daylighting/Edmonds Marsh Restoration c435 E4FC STR 2019 Traffic Calming i038 E9AA STR 2019 Traffic Signal Upgrades i045 E9AD STR 2020 Guardrail Installations i046 EOAA STR 2020 Overlay Program i042 EOCA STR 2020 Pedestrian Safety Program i049 EODB STR 2020 Pedestrian Task Force s024 EODA STR 2020 Traffic Calming i048 EOAC STR 2020 Traffic Signal Upgrades i047 EOAB STR 2021 Guardrail Installations i057 E21AB STR 2021 Overlay Program i051 E21 CA STR 2021 Traffic Calming i056 E21AA STR 228th St. SW Corridor Improvements i005 E7AC STR 238th St. Island & Misc. Ramps i037 EBDC STR 238th St. SW Walkway (100th Ave to 104th Ave) c423 E3DB STR 238th St. SW Walkway (Edmonds Way to Hwy 99) c485 E6DA STR 76th Ave Overlay (196th St. to OVD) i052 E20CB STR 76th Ave W & 220th St. SW Intersection Improvements i029 EBCA Revised 6/2/2021 Packet Pg. 82 7.2.c PROJECT NUMBERS (By Funding) Protect Engineering Accounting Project Funding Protect Title Number Number STR 76th Ave W at 212th St SW Intersection Improvements c368 E1CA STR 84th Ave W Overlay from 220th to 212th i031 EBCC STR 89th PI W Retaining Wall i025 E7CD STR ADA Curb Ramps i033 EBDB STR Admiral Way Pedestrian Crossing i040 E9DA STR Audible Pedestrian Signals i024 E7AB STR Bikelink Project c474 ESDA STR Citywide Bicycle Improvements Project i050 EODC STR Citywide Pedestrian Crossing Enhancements i026 E7DC STR Citywide Protected/Permissive Traffic Signal Conversion i015 E6AB STR Edmonds Street Waterfront Connector c478 ESDB STR Elm Way Walkway from 8th Ave to 9th Ave i058 E21 DA STR Hwy 99 Gateway Revitalization s014 E6AA STR Minor Sidewalk Program i017 E6DD STR SR Revitalization Stage 2 (Medians, Gateway Signage & Hawk Signal) i055 E20CE STR Sunset Walkway Improvements c354 E1 DA STR Trackside Warning System c470 ESAA STR Walnut St. Walkway (3rd-4th) i044 E9DC STR 2021 Pedestrian Task Force i061 E21 DB STR 2020 Waterline Overlay i053 EOCC STR 220th Adaptive i028 EBAB SWR 2019 Sewerline Replacement Project c516 EBGA SWR 2021 Sewer Overlay Program i060 E21 CC SWR Citywide CIPP Sewer Rehab Phase II c488 E6GB SWR Lake Ballinger Trunk Sewer Study s0l l ESGB SWR Lift Station #1 Basin & Flow Study c461 E4GC SWR Phase 8 Annual Sewer Replacement Project c548 EOGA SWR Phase 9 Annual Sewer Replacement Project c559 E21 GA SWR Sanitary Sewer and Stormwater Pipe Rating Services c562 E21GB UTILITIES 2019 Utility Rate & GFC Update s02O EBJB UTILITIES Standard Details Updates solo ESNA WTR 2019 Swedish Waterline Replacement c523 EBJA WTR 2019 Waterline Overlay i043 E9CB WTR 2019 Waterline Replacement c498 E7JA WTR 2021 Waterline Overlay Program i059 E21 CB WTR Dayton St. Utility Replacement Project (3rd Ave to 9th Ave) c482 ESJB WTR Elm St. Waterline Replacement c561 E21JB WTR Five Corners Reservoir Re -coating c473 ESKA WTR Phase 11 Annual Water Utility Replacement Project c549 EOJA WTR Phase 12 Annual Water Utility Replacement Project c558 E21JA WTR Yost & Seaview Reservoir Assessment s026 EOJB WWTP Sewer Outfall Groundwater Monitoring c446 E4HA WWTP WWTP Outfall Pipe Modifications c481 ESHA Revised 6/2/2021 Packet Pg. 83 7.2.d Hour Type .w Payroll Earnings Summary Report City of Edmonds Pay Period: 1,063 (05/28/2021 to 05/28/2021) Hour Class Description RETROACTIVE PAY RETROACTIVE PAY Hours Amount 0.00 76,922.76 0.00 $76,922.76 Total Net Pay: $53,758.65 06/03/2021 Packet Pg. 84 7.2.e Payroll Earnings Summary Report City of Edmonds Pay Period: 1,007 (05/16/2021 to 05/31/2021) Hour Type Hour Class Description Hours Amount 112 ABSENT NO PAY NON HIRED 48.00 0.00 119 SICK Donated Sick Leave -used 78.00 3,709.08 121 SICK SICK LEAVE 464.75 16,864.56 122 VACATION VACATION 829.75 32,484.40 123 HOLIDAY HOLIDAY HOURS 173.00 6,458.86 124 HOLIDAY FLOATER HOLIDAY 16.00 616.35 125 COMP HOURS COMPENSATORY TIME 162.50 6,341.35 131 MILITARY MILITARY LEAVE 10.00 608.25 150 REGULAR HOURS Kelly Dav Used 84.00 3,444.29 155 COMP HOURS COMPTIME AUTO PAY 215.84 11,236.62 157 SICK SICK LEAVE PAYOFF 149.82 7,407.72 158 VACATION VACATION PAYOFF 159.16 7,869.52 160 VACATION MANAGEMENT LEAVE 7.00 444.62 170 REGULAR HOURS COUNCIL BASE PAY 700.00 9,916.62 174 REGULAR HOURS COUNCIL PRESIDENTS PAY 0.00 300.00 175 REGULAR HOURS COUNCIL PAY FOR NO MEDICP 0.00 3,714.40 190 REGULAR HOURS REGULAR HOURS 16,489.75 683,739.95 191 REGULAR HOURS FIRE PENSION PAYMENTS 2.00 1,460.45 194 SICK Emerqencv Sick Leave 173.00 5,791.24 196 REGULAR HOURS LIGHT DUTY 75.00 3,833.91 205 OVERTIME HOURS OVERTIME .5 10.00 203.20 210 OVERTIME HOURS OVERTIME -STRAIGHT 132.00 6,506.61 215 OVERTIME HOURS WATER WATCH STANDBY 42.00 2,470.34 216 MISCELLANEOUS STANDBY TREATMENT PLANT 12.00 1,305.98 220 OVERTIME HOURS OVERTIME 1.5 223.50 15,980.54 225 OVERTIME HOURS OVERTIME -DOUBLE 21.00 1,476.37 405 ACTING PAY OUT OF CLASS - POLICE 0.00 514.38 410 MISCELLANEOUS WORKING OUT OF CLASS 0.00 349.01 411 SHIFT DIFFERENTIAL SHIFT DIFFERENTIAL 0.00 1,154.24 600 RETROACTIVE PAY RETROACTIVE PAY 0.00 164.82 601 COMP HOURS ACCRUED COMP .5 18.00 0.00 602 COMP HOURS ACCRUED COMP 1.0 60.00 0.00 603 COMP HOURS Holidav Comp 1.0 9.00 0.00 06/03/2021 Packet Pg. 85 7.2.e Payroll Earnings Summary Report City of Edmonds Pay Period: 1,007 (05/16/2021 to 05/31/2021) Hour Type Hour Class Description Hours Amount 604 COMP HOURS ACCRUED COMP TIME 1.5 306.75 0.00 606 COMP HOURS ACCRUED COMP 2.0 18.25 0.00 901 SICK ACCRUED SICK LEAVE 78.00 0.00 903 MISCELLANEOUS CLOTHING ALLOWANCE 0.00 -37.50 acc MISCELLANEOUS ACCREDITATION PAY 0.00 82.04 acs MISCELLANEOUS ACCRED/POLICE SUPPORT 0.00 198.23 boc MISCELLANEOUS BOC II Certification 0.00 96.39 colre MISCELLANEOUS Collision Reconstruction ist 0.00 89.56 cpl MISCELLANEOUS TRAINING CORPORAL 0.00 179.12 crt MISCELLANEOUS CERTIFICATION III PAY 0.00 410.04 ctr MISCELLANEOUS CTR INCENTIVES PROGRAM 0.00 1.00 deftat MISCELLANEOUS DEFENSE TATICS INSTRUCTOI 0.00 89.56 det MISCELLANEOUS DETECTIVE PAY 0.00 122.69 det4 MISCELLANEOUS Detective 4% 0.00 1,084.60 ed1 EDUCATION PAY EDUCATION PAY 2% 0.00 694.41 ed2 EDUCATION PAY EDUCATION PAY 4% 0.00 552.86 ed3 EDUCATION PAY EDUCATION PAY 6% 0.00 6,482.82 firear MISCELLANEOUS FIREARMS INSTRUCTOR 0.00 483.61 fmis SICK FAMILY MEDICAL/SICK 87.00 3,622.66 hol HOLIDAY HOLIDAY 1,237.10 51,206.05 k9 MISCELLANEOUS K-9 PAY 0.00 251.53 less MISCELLANEOUS LESS LETHAL INSTRUCTOR 0.00 85.68 Iq1 LONGEVITY LONGEVITY PAY 2% 0.00 1,099.07 Ig11 LONGEVITY LONGEVITY PAY 2.5% 0.00 599.74 Ig12 LONGEVITY Lonqevitv 9% 0.00 4,451.51 Ig13 LONGEVITY Lonqevitv 7% 0.00 1,050.71 Ig14 LONGEVITY Lonqevitv 5% 0.00 1,298.43 Iq2 LONGEVITY PAY LONGEVITY PAY 4% 0.00 251.44 I0 LONGEVITY Lonqevitv 1 % 0.00 299.33 Iq5 LONGEVITY Lonqevitv 3% 0.00 1,256.34 Ici6 LONGEVITY Lonqevitv .5% 0.00 378.19 Iq7 LONGEVITY Lonqevitv 1.5% 0.00 307.02 Iq8 LONGEVITY Lonqevitv 8% 0.00 710.88 06/03/2021 Packet Pg. 86 7.2.e Hour Type Hour Class mtc MISCELLANEOUS ooc MISCELLANEOUS nds MISCELLANEOUS pfmp ABSENT pfms SICK phy MISCELLANEOUS prof MISCELLANEOUS pto MISCELLANEOUS sdp MISCELLANEOUS sgt MISCELLANEOUS st REGULAR HOURS str MISCELLANEOUS traf MISCELLANEOUS Payroll Earnings Summary Report City of Edmonds Pay Period: 1,007 (05/16/2021 to 05/31/2021) Description Hours Amount MOTORCYCLE PAY 0.00 122.69 OUT OF CLASS 0.00 507.30 Public Disclosure Specialist 0.00 116.54 Paid Family Medical Unpaid/Sup 121.00 0.00 Paid FAMILY MEDICAL/SICK 55.00 2,136.99 PHYSICAL FITNESS PAY 0.00 2,530.23 PROFESSIONAL STANDARDS 0.00 194.64 Training Officer 0.00 155.72 SPECIAL DUTY PAY 0.00 301.49 ADMINISTRATIVE SERGEANT 0.00 194.64 Serqeant Pay 0.00 145.98 STREET CRIMES 0.00 521.80 TRAFFIC 0.00 122.69 22,268.17 $920,816.40 Total Net Pay: $622,919.59 06/03/2021 Packet Pg. 87 7.2.f Benefit Checks Summary Report City of Edmonds Pay Period: 1,007 - 05/16/2021 to 05/31/2021 Bank: usbank - US Bank Check # Date Payee # Name Check Amt Direct Deposit 64700 06/04/2021 bpas BPAS 4,955.44 0.00 64701 06/04/2021 jhan JOHN HANCOCK 408.56 0.00 64702 06/04/2021 flex NAVIA BENEFIT SOLUTIONS 3,449.87 0.00 64703 06/04/2021 icma VANTAGE TRANSFER AGENTS 304884 3,918.39 0.00 64704 06/04/2021 afscme WSCCCE, AFSCME AFL-CIO 2,334.22 0.00 15,066.48 0.00 Bank: wire - US BANK Check # Date Payee # Name Check Amt Direct Deposit 3210 06/04/2021 pens DEPT OF RETIREMENT SYSTEMS 352,714.92 0.00 3212 06/04/2021 aflac AFLAC 5,208.22 0.00 3215 06/04/2021 us US BANK 125,165.83 0.00 3216 06/04/2021 mebt WTRISC FBO #N3177131 119,652.77 0.00 3217 06/04/2021 wadc WASHINGTON STATE TREASURER 25,884.62 0.00 3219 06/04/2021 pb NATIONWIDE RETIREMENT SOLUTION 5,486.19 0.00 3220 06/04/2021 oe OFFICE OF SUPPORT ENFORCEMENT 764.50 0.00 0.00 634,877.05 Grand Totals: 649,943.53 0.00 6/3/2021 Packet Pg. 88 8.1 City Council Agenda Item Meeting Date: 06/8/2021 Public Hearing regarding Master Permit authorizing Placement of Small Wireless (Small Cell) Facilities in the City's Rights -of -Way Staff Lead: City Attorney, Public Works, Planning Department: City Attorney's Office Preparer: Scott Passey Background/History The Council has considered this Master Permit at the May 18, 2021, and May 25, 2021, Council meetings. In March 2019, the Council passed Resolution 1426 arising from concerns over radio frequency emissions and the FCC 2018 order limiting fees cities can impose on wireless providers using the rights of way and limiting municipal authority to regulate aesthetics, directing the Mayor's Office to distribute it to members of the FCC, the FDA Commissioner, and our Congressional Delegation. In April 2019, the Council passed amendments to chapter 20.50 ECDC, Wireless Communication Facilities addressing site specific requirements for locating small wireless facilities. Chapter 20.50 requires a Master Permit as a condition of receiving a wireless facilities permit and a right of way construction permit, and all three are required in order to place wireless facilities in the City's rights -of - way. (Staff may, as a matter of administrative convenience, combine the latter two into one permit.) Staff Recommendation That the City Council be advised about the Master Permit and pass an ordinance containing the draft language recommended by city staff and the City Attorney's Office. Narrative New Cingular Wireless, PCS, LLC, aka AT&T ("New Cingular"), has asked the City for permission to place its small wireless facilities in the City's rights -of -way. Before it may do so, New Cingular needs to obtain a Master Permit which is a general authorization to place its small wireless facilities in the rights -of -way, and it also needs to obtain site specific permits for each particular deployment it wants to make. The Master Permit must be granted by the City Council. The City Attorney's Office in consultation with city staff has been negotiating the terms of a Master Permit for a little over a year, and the parties now have agreed language to present to Council. The following legal framework surrounding cities' authority to regulate telecommunications service providers may be helpful for City Council to have in mind when considering this matter: RCW 35A.47.040: The state statute generally authorizing code cities to grant nonexclusive franchises for use of the rights -of -way for various utilities, including communications, and requires passage by the city council by approving vote of at least a majority of the entire council. RCW 35.99: The state statute applicable to telecommunications, establishing a system whereby cities Packet Pg. 89 8.1 may grant "master permits" (also known as franchises) for use of the city's rights -of way for placement of facilities for telecommunications service. The Telecommunications Act of 1996: The federal law that addresses state and local governments' ability to regulate telecommunications including wireless telecommunications. 47 U.S.C. 253 (a) and 47 U.S.C. 332(c)(7) reflect Congressional intent to expand deployment of wireless services and authorize the FCC to preempt any state and local requirements that "prohibit or have the effect of prohibiting" any entity from providing telecommunications services. FCC orders: Orders promulgated under the authority of Congressional statute and governing the installation and management of small wireless facilities, including the manner in which local governments can regulate them, often spelling out limits on local governments' authority to regulate telecommunications providers. The following are some questions and answers that might be of interest to the City Council: What is Council being asked to do? Council is being asked to approve an ordinance authorizing the Mayor to execute a Master Permit containing the language recommended by city staff and the City Attorney's Office, attached. The parties are presenting agreed language. What is a Master Permit? A Master Permit is a franchise for telecommunications providers issued under the authority of RCW 35.99 which is a general authority for a telecommunications provider to place its facilities in the City's rights -of -way in order to provide telecommunications services. What are some of the main items covered in this Master Permit? It gives a general permission to place small wireless facilities and associated equipment located within ten feet of a support structure in the City's rights -of -way, subject to other required permits and the terms of the Master Permit. It specifies that prior to placement the provider needs a wireless facilities permit and a right-of- way construction permit, considered in accordance with the procedures of chapter 20.50 ECDC. It has a five-year term, subject to renewal by the city council, and requires any defaults be cured before any renewal will be granted. Other providers may obtain master permits or franchises as well. City can require relocation of the facilities at New Cingular's expense in accordance with RCW 35.99, e.g., to accommodate a public improvement project, and sets agreed procedures. New Cingular shall reimburse the City for its actual administrative costs incurred. No franchise fee is charged as dictated by RCW 35.21.860. New Cingular will indemnify the city, maintain specified insurance, and assume risk of damage to its facilities. New Cingular will maintain an inventory of its facilities with a copy to the City and provide updates. New Cingular agrees to comply with all applicable laws, standards, and regulations relating to its facilities and at all times will maintain them in a safe condition in good order and repair. Procedures are specified in the event of a breach, including notice and an opportunity to respond and request public hearing before Council. In addition to termination, the City may impose lesser sanctions, including, but not limited to, monetary penalties, for violation of this Master Permit. New Cingular will establish a permanent security fund in the amount of $50,000 to guarantee Packet Pg. 90 8.1 the performance of its requirements under the Master Permit and payment of sums due the City. Certain provisions survive expiration or termination of the Master Permit for the protection of the City, e.g., the indemnity and insurance provisions. Does Council have discretion to grant a Master Permit? The Telecommunications Act of 1996 states that no local government may prohibit or effectively prohibit the provision of telecommunications service. Congress expressly preempted state and local governments from enacting laws or ordinances that conflict with this mandate; however, Congress allowed cities to retain the ability to manage the rights -of -way. We can negotiate terms of our agreement but cannot prohibit the provider from providing their telecommunications service. Is New Cingular the first provider seeking permits to install small wireless facilities within the City of Edmonds rights -of -way? Yes. Is New Cingular providing SG? The Master Permit authorizes the provision of telecommunications services and does not specify any particular generation of wireless service or broadband technology. The Council may inquire of New Cingular what types of service technology it plans to utilize. Does New Cingular need PUD's approval before locating its equipment on PUD's poles? Yes. That approval is required in ECDC 20.50.070(G). Can Council see images of what is planned to be installed in the City's rights -of -way? Aesthetic review occurs as part of the site -specific review, which is an administrative process as provided in chapter 20.50 ECDC. There is no aesthetic review as part of the master permit process. ECDC 20.50.070 (D) requires any applicant for a wireless facilities permit to submit photos and photo simulations showing the existing appearance of each site and the appearance of the proposed installation from nearby public viewpoints. I've heard there are "shot clocks." What are they and do they apply here? The FCC has created time limits, called shot clocks, for cities to process applications to locate small wireless facilities. The shot clock starts to run when a provider submits a small wireless facilities application. Shot clocks apply to all local government authorizations required of the applicant. What did Resolution 1496 do and what has happened at the federal level since? Resolution 1496 was passed in March 2019: 1. It asked the FCC to perform and update studies on the potential health risks of 5G radio frequency emissions and publish such findings. *What happened since? In December 2019, the FCC adopted a new order examining RF exposure in the 5G environment and concluded that no changes to its 1996 standards were warranted. 2. It asked Congress to determine the FCC has overstepped its bounds in its 2018 order titled "Accelerating Wireless Broadband Deployment by Removing Barriers to Infrastructure Investment" and asked Congress to adopt a bill entitled "Accelerating Broadband Deployment by Empowering Local Communities Act of 2019." *What happened since? According to govtrack.us/congress/bills/116/hr530, the sponsor was Rep. Anna Eshoo, the bill was introduced to Congress on Jan 14, 2019, and it did not receive a vote. Is the federal government regulating RF emissions? Yes. The FCC is obligated to evaluate the potential Packet Pg. 91 8.1 impacts of human exposure to radiofrequency emissions under the National Environmental Policy Act. Over the years the FCC has adopted radiofrequency standards which limit the amount of radiation that can be emitted from wireless transmitters and has created a framework to ensure compliance with those limits. In December 2019 the FCC issued an order finding its existing RF exposure limits should remain unchanged. Have the courts upheld recent FCC orders? Yes. The FCC has promulgated orders relating to the installation and management of small cell facilities. The Ninth Circuit Court of Appeals has recently upheld several orders issued in 2018, holding that, "We conclude that, given the deference owed to the agency in interpreting and enforcing this important legislation, the [orders] are, with the exception of one provision, in accord with the congressional directive in the Act, and not otherwise arbitrary, capricious, or contrary to law." City of Portland v. United States, 969 F.3d 1020, 1032 (2020). What if Council wants to impose conditions on the placement of the wireless facilities based on RF emissions? The United States Congress has the authority to preempt state and local regulation in the area of telecommunications, including wireless telecommunications. This is authority granted to Congress under the Commerce Clause of the United States Constitution. Congress has enacted legislation -The Telecommunications Act of 1996- as well as earlier legislation, asserting federal control of telecommunications. In regards to radio frequency, or RF, Congress has granted authority to establish RF emissions standards only to the Federal Communications Commission (FCC) and preempted all municipal regulation of radiofrequency emission to the extent that such facilities comply with federal emissions standards. Therefore, local officials' hands are largely tied in this area. What if there are violations of any health and safety requirements? We do not expect violations from the provider. These requirements are specified to make clear the parties' intentions surrounding New Cingular's compliance with all applicable regulations relating to health and safety. However, if there is a violation, the following language applies: "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 Permittee, establish a reasonable time for Permittee 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 Permittee." However, with regard to any RF violation, the provider is required to shut off the device within 48 hours of being notified. If there are repeated violations, the City can invoke the forfeiture and revocation procedures of Section 25, which provides that in addition to termination, the City may impose lesser sanctions, including, but not limited to, monetary penalties, for violation of this Master Permit. What can I do if 1 still have concerns about RF emissions? In 2000 the FCC published a guide called, "A Local Government Official's Guide to Transmitting Antenna RF Emission Safety: Rules, Procedures, and Practical Guidance." If there are concerns about compliance with FCC standards, the guide suggests interested persons should contact the provider because the provider is required to understand the FCC's rules and to know how to apply them in specific cases at specific sites. If that does not resolve any issue, then interested persons should contact the FCC. The 2000 publication provides the following contact information: Compliance and Information Bureau (888) CALL -FCC Concerns about RF emissions exposure at a particular site: Office of Engineering and Technology, RF Safety Program, phone (202) 418-2464; rfsafety@fcc.gov <mailto:rfsafety@fcc.gov> Packet Pg. 92 8.1 Licensing and Site Information Regarding Wireless Telecommunications Services, Wireless Communications Bureau, Commercial Wireless Division (202) 418-0620 You can also contact your federal elected officials. Attachments: ATT Master Permit 06.08.2021 Public Hearing 210520 City of Edmonds Draft Master Permit Resolution 1426 Packet Pg. 93 8.1.a 0120101010`.1\wAKWq0 JUNE 8, 2021 -PUBLIC HEARING Packet Pg. 94 8.1.a Master Permit ► Issued under authority of RCW 35.99 ► Provides general authority to all site -specific locations ► Currently under review by City Council - Scheduled for Action June 15th Site Specific Permits (Wireless Facility and/or Right -of -Way Permit) Regulated by ECDC 20.50 -previously approved by Council April 2019 ► Location preference and site specific design requirements ► Administrative Staff Approval L d t+ CR C 0 �L :.i 3 d �L N O N O O O r E L d L d N CCU G a Q Packet Pg. 95 8.1.a ► FCC Orders Withstand Recent Challenge in the Ninth Circuit ► Competing objectives: protecting the public health and safety while ensuring the rapid development of a telecom network ► Local governments can manage ROW (examples below): • Coordination of construction schedules • Determination of insurance, bonding, and indemnity requirements • Regulate time or location of excavation, preserving traffic flow • Keeping track of the various systems using the ROW Packet Pg. 96 8.1.a The Telecommunications Act of 1996 states that NO LOCAL GOVERNMENT MAY PROHIBIT OR EFFECTIVELY PROHIBIT the provision of telecommunications service. CONGRESS EXPRESSLY PREEMPTED STATE AND LOCAL GOVERNMENTS from enacting laws or ordinances that conflict with this mandate. Packet Pg. 97 8.1.a Orders promulgated under the authority of congressional statute and governing the installation and management of small wireless facilities, including the manner in which local governments can regulate, SPELLING OUT LIMITS ON LOCAL GOVERNMENTS' AUTHORITY TO REGULATE telecommunications providers. Packet Pg. 98 8.1.a Examples of Effective Prohibition come from case law &the FCC Includes materially inhibiting a provider's ability to: ► Densify a network ► Introduce new services ► Improve service capabilities ► Taking too long to process permit applications ► Charging more than the FCC will allow Packet Pg. 99 8.1.a ► Permits cannot be denied based on radio frequency emissions ► The federal government., NOT THE CITY, has authority to regulate RF Emissions ► Resolution 1426 (March 2019) - a resolution by City Council regarding RF Emissions with distribution to FCC, the FDA Commissioner, and our Congressional Delegation Packet Pg. 100 8.1.a ► FCC asked to perform and update studies on the potential health risks of 5G radio emissions and publish such findings. r Result: December 2019: The FCC adopted a new order examining RF exposure in the environment and concluded that no changes to its 1996 standards were warranted ► Congress asked to determine FCC overstepped it's bounds in 2018 order titled "Accelerating Wireless Broadband Deployment by Removing Barriers to Infrastructure Investment" and asked Congress to adopt a bill entitled "Accelerating Broadband Deployment by Empowering Local Communities Act of 2019. r Result: According to govtrack. us/congress/bills/ 1 16/hr530, the sponsor was Rep Anna Eshoo, the bill was introduced to Congress on 1 / 14/2019 and did not receive a vote. Packet Pg. 101 8.1.a ► General permission given to place small wireless facilities and associated equipment in the City's rights -of -way ► Requires site specific permit in accordance with Chapter 20.50 ECDC. ► Five-year term, subject to renewal by the city council ► Other providers may obtain master permits or franchises as well. ► City can require relocation of the facilities at New Cingular's expense ► New Cingular shall reimburse the City for its actual administrative costs incurred. No franchise fee is charged as dictated by RCW 35.21.860. ► New Cingular will indemnify the city, maintain specified insurance, and assume risk of damage to its facilities. Packet Pg. 102 8.1.a ► Inventory of facilities to be maintained with a copy to the City and provide updates. ► New Cingular agrees to comply with all applicable laws, standards, and regulations relating to its facilities and at all times will maintain them in a safe condition in good order and repair. ► Procedures are specified in the event of a breach ► New Cingular will establish a permanent security fund in the amount of $50,.000 to guarantee the performance of its requirements under the Master Permit and payment of sums due the City. ► Certain provisions survive expiration or termination of the Master Permit for the protection of the City, e.g., the indemnity and insurance provisions. Packet Pg. 103 8.1.a Master Permit Currently under review by City Council - Scheduled for Action June 15th ► Chapter 20.50 ECDC regulates small wireless facilities ► City Council passed amendments to Chapter 20.50 ECDC in April 2019 ► Chapter 20.50 requires a Master Permit as a condition in addition to the other permits Packet Pg. 104 8.1.a THANK YOU C �L c.i a. �L :.i a r N O N O O t0 O a+ E L w a. L N C� CD G a E m 2 a 8.1.b ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, GRANTING TO NEW CINGULAR WIRELESS PCS, LLC, A DELAWARE LIMITED LIABILITY COMPANY, A NON-EXCLUSIVE MASTER PERMIT AGREEMENT TO INSTALL, OPERATE, AND MAINTAIN SMALL WIRELESS TELECOMMUNICATIONS FACILITIES WITHIN THE PUBLIC RIGHT-OF-WAY OF THE CITY OF EDMONDS, WASHINGTON, PRESCRIBING CERTAIN RIGHTS, DUTIES, TERMS, AND CONDITIONS WITH RESPECT THERETO, ESTABLISHING AN EFFECTIVE DATE. WHEREAS, New Cingular Wireless PCS, LLC, is a Delaware limited liability company whose sole member is AT&T Mobility II LLC and whose sole manager is AT&T Mobility Corporation, with its principal offices at: 1025 Lenox Park Blvd. NE, P Floor, Atlanta, GA 30319; and WHEREAS, New Cingular Wireless PCS, LLC, has an existing Master Use Agreement with the City of Edmonds effective February 25, 2005 and with a maximum term of twenty years; and WHEREAS, on April 2, 2019, the City Council passed ordinance 4147, amending Chapter 20.50 of the Edmonds Community Development Code, entitled "Wireless Communications Facilities," updating standards and process requirements of wireless communications facilities, including new standards relating to location preference hierarchy and design standards for small wireless facilities in the right-of-way; and WHEREAS, since Chapter 20.50 was amended New Cingular Wireless PCS, LLC, has requested that the City grant it the right to enter, use, and occupy the city right-of-way in order to install, operate, and maintain its planned small wireless facilities deployments: a wireless network consisting of a collection of interrelated small wireless facilities designed to deliver telecommunications services, and WHEREAS, due to the Chapter 20.50 amendments, the City requires a new Master Permit relating to New Cingular's new, and any existing, small wireless facilities; however, the existing Master Use Agreement shall continue to govern and control with respect to New Cingular Wireless PCS, LLC's macro facilities and associated equipment installed in the City's right-of-way; and WHEREAS, the City Council has the authority under RCW 35A.47.040, RCW 35.99.020 and Chapter 20.50 of the Edmonds Community Development Code to grant, issue, or deny Master Permit Agreements for the use of city right-of-way; and WHEREAS, the City is willing to grant the rights requested subject to certain terms and conditions. Packet Pg. 106 8.1.b NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. Definition. For the purposes of this Master Permit Agreement, the following terms, phrases, words, and abbreviations shall have the meanings ascribed to them below. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number. a. "Affiliate" means an entity which owns or controls, is owned or controlled by, or is under common ownership with the Permittee. b. "City" means the City of Edmonds, Washington. C. "Facility" or "Facilities" means Permittee's owned, operated, or controlled Small Wireless Facilities as defined in the Edmonds Community and Development Code (ECDC) 20.50, incorporated herewith. Facilities further includes any Permittee owned or controlled Small Wireless Facility support structures, e.g. poles, and any conduit, wires, coaxial cables, fiber, and other equipment necessary to operate the Small Wireless Facility that is within ten (10) feet of any support structure --whether Permittee owned or not --to which the Small Wireless Facility is attached. Facilities do not include any equipment that is not within ten (10) feet of any support structure to which the Small Wireless Facility is attached (excluding any strand -mounted unit). Facilities do not include anything used to provide wireline services, fronthaul or backhaul services. Facilities do not include anything that is not within the Right -of -Way, or that is covered under a separate master permit or franchise. d. "FCC" means the Federal Communications Commission, or any successor governmental entity thereto. e. "Master Permit Agreement" or "Master Permit" shall mean this agreement, or renewal thereof, granted by the City pursuant to ECDC 20.50.020(C), through this Ordinance, or a subsequently adopted Ordinance. f. "Permittee" means New Cingular Wireless PCS, LLC, a Delaware limited liability company, or the lawful successor, transferee, or assignee thereof. g. "Person" is to be interpreted in its broadest sense and includes individuals, corporations, companies, associations, joint stock companies or associations, firms, partnerships, limited liability companies, and any other entity or organization. h. "Public Ways" or "Rights -of -Way" means land acquired or dedicated for public roads and streets in the Service Area, but does not include: OA Packet Pg. 107 8.1.b (a) State highways; (b) Land dedicated for roads, streets, and highways not opened and not improved for motor vehicle use by the public; (c) Structures, including poles and conduits, located within the right-of- way; (d) Federally granted trust lands or forest board trust lands; (e) Lands owned or managed by the state parks and recreation commission; or (f) Federally granted railroad rights -of -way acquired under 43 U.S.C. Sec. 912 and related provisions of federal law that are not open for motor vehicle use; (g) buildings or other City -owned physical facilities; and (h) parks, poles, conduits, fixtures, real property or property rights owned by the City, or similar facilities or property owned by or leased to the City i. "Reasonable" or "reasonably" means an action or decision for which a reason or basis can be stated, such reason or basis arising from the facts and circumstances of the particular situation presented. Reasonable or reasonably is contrasted with arbitrary, i.e., unreasoning action, without consideration and in disregard of facts and circumstances. Where there is room for two opinions, a decision is reasonable even though one may believe an erroneous conclusion has been reached. j. "Service Area" means the present municipal boundaries of the City, and shall include any additions thereto by annexation or other legal means. k. "Telecommunications Service" means the transmission of information by wire, radio, optical cable, electromagnetic, or other similar means for hire, sale, or resale to the general public. "Information" means knowledge or intelligence represented by any form of writing, signs, signals, pictures, sounds, or any other symbols. Telecommunications Service shall not include the over -the -air transmission of broadcast television or broadcast radio signals, nor the provision of Cable Services as defined in 47 U.S.C. Section 522(6), for which a separate permit and franchise would be required. Section 2. Terms, Conditions, and Provisions of ECDC Chapters 20.50 and 18.60 Incorporated by Reference. The terms, conditions, and provisions of Chapters 20.50, and 18.60 of the Edmonds Community and Development Code (ECDC), existing at the time of execution of this Master Permit or as may thereafter be amended, are incorporated herein by reference. All rights granted hereunder are subject to the terms, conditions, and requirements of Chapters 20.50 and 18.60 ECDC. Section 3. Authority Granted. The City hereby grants to the Permittee, its heirs, successors, legal representatives, and assigns, subject to the requirements of Chapters 20.50 and 18.60 ECDC and the terms and conditions hereinafter set forth, the right, privilege, and authority to construct, operate, maintain, and replace Permittee's Facilities in the Public Ways for the purpose of providing Telecommunications Service. The City may require a license agreement prior to Packet Pg. 108 8.1.b placement or replacement of any support structures in the Public Ways or any attachment to City owned poles. No substantive expansions, additions to or modifications or relocation of any of the Facilities shall be permitted without first having received prior authorization from the City. Section 4. Authority Limited to Occupation of Public Ways. The authority granted herein is a limited authorization to occupy and use the Public Ways of the City. No authority is granted to occupy or use any City owned or leased properties. Nothing contained herein shall be construed to grant or convey any right, title, or interest in the Public Ways of the City to the Permittee, nor shall anything contained herein constitute a warranty of title. Section 5. Wireless Communication Facility Permits and Right -of -Way Construction Permits Required. A. Prior to site -specific location and installation of any portion of its Facilities within a Public Way, the Permittee shall apply for and obtain both a wireless communication facility permit pursuant to ECDC 20.50. and a Right -of -Way construction permit pursuant to ECDC 20.50.020(D) and ECDC Chapter 18.60. The Public Works Director or designee shall review wireless communication facility permit applications according to the procedure set forth in ECDC 20.50. In addition to any criteria set forth in ECDC Chapter18.60, the Public Works Director or designee shall apply the following criteria in the issuance or denial of a Right -of -Way construction permit application: 1. Whether the Permittee has received all requisite licenses, certificates, and authorizations from applicable federal, state, and local agencies with jurisdiction over the activities proposed by the Permittee; 2. Whether there is sufficient capacity in the Public Ways to accommodate the Permittee's proposed Facilities; 3. The capacity of the Public Ways to accommodate additional utility, cable, and facilities if the construction permit is granted; 4. The damage or disruption, if any, of public or private facilities, utilities, improvements, service, travel or landscaping if the construction permit is granted; 5. The public interest in minimizing the cost and disruption of construction within the Public Ways.; and 6. If any criteria lead the Public Works Director to deny Permittee a construction permit, then City will consider any alternate routes and/or locations that may be proposed by Permittee. B. Unless otherwise provided in said Right -of -Way construction permit and except for emergency repairs, the Permittee shall give the City at least forty-eight (48) hours' notice of M Packet Pg. 109 8.1.b the Permittee's intent to commence work in the Public Ways. The Permittee shall file plans or maps with the City showing the proposed location of its Facilities and pay all duly established Right -of -Way construction permit and inspection fees associated with the processing of said permit. Except as otherwise provided in this Master Permit Agreement, no work shall commence within any Public Way without said Right -of -Way construction permit. C. The City may adopt procedures combining the application and resulting permit for wireless communication facility and Right -of -Way construction permits. Section 6. Term of Master Permit; Standards for Renewal. A. Term. The term of this Master Permit shall be for a period of five (5) years from the date of acceptance as set forth in Section 39 (Acceptance), unless sooner terminated as provided herein. B. Renewal of Master Permit --Procedure. If Permittee desires to renew its Master Permit for an additional term it shall, not less than 180 days before expiration of the current Master Permit, file an application with the City for renewal which shall include the following: 1. The information required pursuant to ECDC 20.50.020(C) 2. Any proposed changes to the current Master Permit submitted electronically in Word format, proposed changes in track changes. Either party may propose changes; 3. Any information required pursuant to the current Master Permit; 4. Such other information as the Public Works Director, in his/her discretion, shall deem appropriate; and 5. An application fee for recovery of City staff costs which may be set by the City Council by resolution, and an additional amount for recovery of costs for attorneys, consultants, and City Attorney's Office review. C. Renewal of Master Permit -Standards. The city council shall decide whether to renew, renew with conditions, require a new master permit, or deny the application, all in accordance with the terms and procedures of ECDC 20.50.020(C). D. Renewal of Master Permit -Obligation to Cure. No Master Permit shall be renewed until any ongoing violations or defaults in the Permittee's performance under the Master Permit, the requirements of Chapter 20.50 ECDC, the Edmonds Code, as applicable, and any other lawful applicable regulations with respect to use and management of the Public Ways, other ways, and City property, have been cured, or a plan detailing the corrective action to be taken by the Permittee has been approved by the City. 5 Packet Pg. 110 8.1.b Section 7. Non -Exclusive Grant. This Master Permit shall not in any manner prevent the City from entering into other similar agreements or granting other or further Master Permit Agreements, franchises, Right -of -Way permits in, under, on, across, over, through, along or below any of said Public Ways of the City, nor from exercising such other powers and authorities granted to the City by law. Permittee shall construct, install, maintain, and continuously operate its Facilities to prevent interference with the other facilities in the Public Ways and the operation thereof. Further, this Master Permit shall in no way prevent or prohibit the City from using any of its Public Ways as authorized by law or not prohibited by law or affect its jurisdiction over them or any part of them, and the City shall retain power to make all necessary changes, relocations, repairs, maintenance, establishment, improvement, dedication of the same as the City may deem fit, including the dedication, establishment, maintenance, and improvement of all new Public Ways, all in compliance with this Master Permit and applicable law. Section 8. Relocation of Facilities. A. Where relocation of Facilities is required by the City, City and Permittee shall comply with RCW § 35.99.060(2). If RCW 35.99.060(2) is amended after the date of this Master Permit, then the parties' obligations are likewise amended. B. Permittee acknowledges that its Facilities may need to be relocated during the term of this Master Permit Agreement. Permittee agrees and covenants, at its sole cost and expense, to protect, support, temporarily disconnect, relocate, or remove from any Public Way any portion of its Facilities when so required by the Public Works Director by reason of traffic conditions, public safety, dedications of new Public Ways and the establishment and improvement thereof, widening and improvement of existing Public Ways, street vacations, highway construction, change or establishment of street grade, or the construction of any public improvement or structure by any governmental agency acting in a governmental capacity; provided that the Permittee shall in all cases have the privilege to temporarily relocate, in the authorized portion of the same or similar public way upon approval by the Public Works Director, any Facility required to be temporarily disconnected or removed. C. Upon the reasonable request of, and with at least thirty (30) days' notice from, the Public Works Director and in order to facilitate the design of City street and right-of-way improvements, the Permittee agrees to, at its sole cost and expense, locate, and if reasonably determined necessary by the City, to excavate and expose portions of its Facilities for inspection so that the location of same may be taken into account in the improvement design, PROVIDED that Permittee shall not be required to excavate and expose its Facilities unless the Permittee's as -built plans and maps of its Facilities submitted pursuant to Section 19 (Inventory) of this Master Permit are reasonably determined by the Public Works Director to be inadequate for purposes of this paragraph. The decision to require relocation of said Facilities in order to accommodate the City's improvements shall be made by the Public Works Director upon review of the location and construction of the Permittee's Facilities. D. If the Public Works Director determines that the project necessitates the relocation of the Permittee's then existing Facilities, the City shall: Con Packet Pg. 111 8.1.b 1. Within a reasonable time, which shall be no less than sixty (60) days, prior to the commencement of such improvement project, provide the Permittee with written notice requiring such relocation. Provided, however, that in the event an emergency posing a threat to public safety, health or welfare, or in the event of an emergency beyond the control of the City and which will result in severe financial consequences to the City, the City shall give the Permittee written notice as soon as practicable; and 2. Provide the Permittee with copies of information for such improvement project and a proposed location for the Permittee's Facilities so that the Permittee may relocate its Facilities in other Public Ways in order to accommodate such improvement project. City will strive to afford a location from which Permittee can provide substantially similar service to that provided from the original location whenever practicable. 3. The Permittee shall complete relocation of its Facilities at no charge or expense to the City so as to accommodate the improvement project at least 10 days prior to commencement of the project. In the event of an emergency as described herein, the Permittee shall relocate is Facilities within the time period specified by the Public Works Director. E. The Permittee may, after receipt of written notice requesting a relocation of its Facilities, submit to the City written alternatives to such relocation. The City shall evaluate such alternatives and advise the Permittee in writing if one or more of the alternatives are suitable to accommodate the work, which would otherwise necessitate relocation of the Facilities. If so requested by the City, the Permittee shall submit additional information to assist the City in making such evaluation. The City shall give each alternative proposed by the Permittee full and fair consideration, within a reasonable time, so as to allow for the relocation work to be performed in a timely manner. In the event the City ultimately determines that there is no other reasonable alternative, the Permittee shall relocate its Facilities as otherwise provided in this Section. F. The provisions of this Section shall in no manner preclude or restrict the Permittee from making any arrangements it may deem appropriate when responding to a request for relocation of its Facilities by any person or entity other than the City, where the facilities to be constructed by said person or entity are not or will not become City -owned, operated or maintained facilities; provided, that such arrangements do not unduly delay a City construction project. G. Permittee acknowledges and agrees that the placement of its Facilities on third party - owned poles does not convey an ownership interest in such poles. Permittee acknowledges and agrees that to the extent Permittee's Facilities are on poles owned by third parties, the City shall not be responsible for any costs associated with requests arising out of a relocation. A relocation includes movement of Facilities arising out of pole removal, replacement or upgrade. Permittee is not permitted to purchase any utility owned pole in order to avoid relocation or costs associated with relocation unless specifically authorized by the City. 7 Packet Pg. 112 8.1.b H. The Permittee will indemnify, hold harmless, and pay the costs of defending the City against any and all claims, suits, actions, damages, or liabilities for delays on City construction projects caused by or arising out of the failure of the Permittee to relocate its Facilities in a timely manner; provided, that the Permittee shall not be responsible for damages due to delays caused by the City or circumstances beyond the reasonable control of the Permittee. I. The cost and expenses associated with relocation of the Permittee's Facilities shall be the responsibility of the Permittee unless the Permittee had paid for the relocation cost of the same Facilities at the request of the City within the past five years. Notwithstanding any other provision of this Ordinance, in the event of a conflict between this Ordinance and the provisions of applicable state law, the provisions of the applicable state law shall control. J. In the event of an unforeseen emergency that creates a threat to the public safety, health, or welfare, the City may require the Permittee to relocate its Facilities at its own expense, any other portion of this Section notwithstanding. Section 9. Undergrounding of Facilities. The parties agree that this Master Permit does not limit the City's authority under federal law, state law, or local ordinance to require the undergrounding of utilities, including Permittee's Facilities. Permittee's Facilities shall be undergrounded; Provided that undergrounding requirements shall not apply to those elements of Permittee's Facilities that are required to remain above ground in order to be functional. The City shall not pay any of the cost of undergrounding. Upon an undergrounding project, Small Wireless Facilities and associated Facilities may be required to relocate to an alternative approved structure or pole consistent with ECDC 20.50.130 and pursuant to the relocation requirements of this Master Permit (for example, if all utility poles in the area are removed as part of the undergrounding project.) Section 10. Work in Public Ways. A. During any period of relocation, construction, or maintenance, all surface structures, if any, shall be erected, used, and maintained in such places and positions within said Public Ways and other public properties so as to interfere as little as possible with the free passage of vehicular and pedestrian traffic and the free use of adjoining property. The Permittee shall at all times comply with all applicable safety and traffic control regulations during such period of construction as required by the specifications and codes, and all other applicable local municipal, state, and federal codes, rules and regulations. B. During the progress of the work, the Permittee shall not unnecessarily obstruct the passage or proper use of the Public Ways, and all work by the Permittee in any area covered by this Master Permit and as described in this Section shall be performed in accordance with City of Edmonds Public Works Construction Standards and warranted for a period of two (2) years. N. Packet Pg. 113 8.1.b C. The Permittee shall cooperate with the City and all other persons with authority from the City to occupy and use the Public Ways of the City in coordination of construction activities and joint trenching projects. By February 1st of each calendar year, the Permittee shall provide the City with a schedule of its proposed construction activities for that calendar year in, around, or that may affect the Public Ways of the City. The Permittee shall also meet with the City and other grantees, franchisees, permittees, and users of the Public Ways of the City annually, or as determined by the City, to schedule and coordinate construction activities. D. Consistent with RCW Chapter 35.99, the Permittee may, on an annual basis, file notice with the City Clerk and the City Engineer of its desire to receive notices related to public improvement projects within the Public Ways of the City. In the event that the Permittee is mailed such a notice and fails to coordinate installation or construction of its Facilities with the public improvement project, the City Engineer may deny the Permittee's construction permit application for those portions of any of the Permittee's construction projects which seek to disrupt the surface of any said street for a period of up to five years, as reasonably determined by the City Engineer for the purpose of protecting the City's investment in said public improvement projects. In the alternative, the City Engineer may require the Permittee to fully restore the surface and sub -surface areas of such street to the condition that it was in immediately after completion of the public improvement project. Section 11. Restoration after Construction. The Permittee shall, after installation, construction, relocation, maintenance, removal, or repair of its Facilities within the Public Ways, restore the surface of said Public Ways and any other City -owned property, including support structures, that may be disturbed by the work, to at least the same condition the Public Way or property was in immediately prior to any such installation, construction, relocation, maintenance, removal, or repair. The Public Works Department shall have final approval of the condition of such Public Ways and City -owned property after restoration, all in accordance with the Edmonds Municipal Code and Public Works Construction standards. All survey monuments which are to be disturbed or displaced by such work shall be referenced and restored, as per WAC 332-120, as the same now exists or may hereafter be amended, and all pertinent federal, state and local standards and specifications. The Permittee agrees to promptly complete all restoration work and to promptly repair any damage caused by such work to the Public Ways or other affected area at its sole cost and expense according to the time and terms specified in the Right -of -Way Construction Permit issued by the City all in accordance with the applicable provisions of the Edmonds Municipal Code, as the same now exists or as it may hereafter be amended or superseded. All work and restoration by the Permittee pursuant to this Section shall be performed in accord with City of Edmonds Public Works Construction standards and warranted for a period of two (2) years. Section 12. Emergency Work — Permit Waiver. In the event of any emergency in which any of the Permittee's Facilities located in, above, or under any Public Way break, are damaged, or if the Permittee's construction area is otherwise in such a condition as to immediately endanger the property, life, health, or safety of any individual, the Permittee shall immediately take the proper emergency measures to repair its Facilities, to cure or remedy the dangerous conditions for X Packet Pg. 114 8.1.b the protection of property, life, health, or safety of individuals without first applying for and obtaining a Right -of -Way construction permit as required by this Master Permit . However, this shall not relieve the Permittee from the requirement of notifying the City of the emergency work and obtaining any permits necessary for this purpose as promptly as reasonably possible after the emergency work. The Permittee shall notify the City by telephone immediately upon learning of the emergency and shall apply for all required permits not later than the second succeeding day during which the Edmonds City Hall is open for business. Section 13. Dangerous Conditions, Authority for City to Abate. In the event of any emergency in which any of Permittee's Facilities breaks, falls, becomes damaged, or if Permittee's Facilities is otherwise in such a condition as to immediately endanger the property, life, health or safety of any person, entity or the City, or whenever construction, installation, or excavation of the Facilities authorized by this Master Permit has caused or contributed to a condition that appears to substantially impair the lateral support of the adjoining Public Way, street, or public place, or endangers the public, street utilities, or City -owned property, the City Engineer may require the Permittee, at the Permittee's own expense, to take action to protect the public, adjacent public places, City -owned property, streets, utilities, and Public Ways. Such action may include compliance within a reasonably prescribed time. What will be considered reasonable time will be determined by the City based on the nature of the dangerous condition. In the event that the Permittee fails or refuses to promptly take the actions directed by the City, or fails to fully comply with such directions, or if emergency conditions exist which require immediate action, the City may enter upon the property and take such actions as are necessary to protect the public, the adjacent streets, utilities, Public Ways, to maintain the lateral support thereof, or actions regarded as necessary safety precautions; and the Permittee shall be liable to the City for the reasonable costs thereof after receipt of an itemized bill. Section 14. Recovery of Costs. Permittee shall be subject to all permit fees associated with activities undertaken through the authority granted in this Master Permit or under the laws of the City. Where the City incurs costs and expenses for which a fee is not established, Permittee shall reimburse the City the actual administrative expenses incurred by the City that are directly related to receiving and approving a permit, license, and this Master Permit, to inspecting plans and construction, to supervision of activities undertaken through the authority granted in this Master Permit or any ordinances relating to the subject for which a permit fee is not established, or to the preparation of a detailed statement pursuant to chapter 43.21C RCW. Permittee shall further reimburse the City for Permittee's proportionate share of all actual, identified expenses incurred by the City in planning, constructing, installing, repairing or altering any City facility as a result of the construction or the presence in the Right -of -Way of the Permittee's Facilities. Fees for which Permittee is responsible under this Section may include reimbursement for time associated with attorneys, consultants, City Staff, and City Attorney's Office review. In addition to the above, the Permittee shall promptly reimburse the City for any and all reasonable costs the City incurs in response to any emergency involving the Permittee's Facilities. Iff Packet Pg. 115 8.1.b The time of City employees shall be charged at their respective rate of salary, including overtime if applicable plus benefits and reasonable overhead. Any other costs will be billed proportionately on an actual cost basis. All billings will be itemized as to specifically identify the costs and expenses for each project for which the City claims reimbursement. A charge for the actual costs incurred in preparing the billing may also be included in said billing. The billing may be on an annual basis or sooner, but the City shall provide Permittee with the City's itemization of costs at the conclusion of each project for information purposes. Section 15. Fees for Use of Public Ways. A. Prohibition of Franchise Fee. Pursuant to RCW 35.21.860, the City is precluded from imposing a fee on a "telephone business" or a "service provider" for use of the right-of-way, except for administrative expenses or any applicable tax authorized by law, and other exceptions listed therein. This Master Permit is premised upon the City and Permittee's understanding that the activities proposed by the Permittee and authorized by the City constitute those of a "telephone business" or "service provider." The City hereby reserves its right to impose a fee on Permittee, to the extent authorized by law, for purposes other than to recover its administrative expenses, if the Permittee's operations are not those of a "telephone business" or "service provider" or if statutory prohibitions on the imposition of such fees are removed, whether by legislative or judicial action. The City also reserves its right to require that the Permittee obtain a separate agreement for its change in use, which agreement may include provisions intended to regulate the Permittee's operations, as allowed under applicable law. B. Permittee Obligated to Pay Taxes. Nothing in this Ordinance is intended to alter, amend, or modify the taxes and fees that may lawfully be assessed on Permittee's business activities under this Ordinance pursuant to applicable law. This Master Permit does not limit the City's power of taxation. Permittee agrees that all of its activities in the City of Edmonds authorized by this Master Permit are specifically taxable as a telephone business under Edmonds Municipal Code Chapter 3, including EMC 3.20.050, and are taxable at the rate specified therein now in effect or as amended. Permittee is subject to payment of any applicable local utility tax and any other tax of whatever kind applicable to Permittee's operations. C. Site Specific Charges. The City may impose a charge for use of the Right -of - Way in the circumstances outlined in RCW 35.21.860(1)(e), and the parties agree the City may charge an amount consistent with FCC orders. If FCC orders are no longer in effect during the term of this Master Permit, then the parties will negotiate an acceptable charge. If the parties cannot agree then they will utilize the process outlined in RCW 35.21.860(1)(e). Section 16. Manner of Payment; Audit. Permittee shall make all required payments under this Master Permit, including taxes, in the form, intervals, and manner requested by the City Finance Director, and furnish him/her any information related to his/her revenue collection functions reasonably requested. The City Finance Director may call for an audit pertaining to payments under this Master Permit twice per calendar year and not more frequently unless the Finance Director has a reasonable basis therefore. In case of audit, the City Treasurer may require Permittee to furnish a verified statement of compliance with Permittee's obligations or in response 11 Packet Pg. 116 8.1.b to any questions. Said certificate may be required from an independent, certified public accountant, at Permittee's expense. Permittee agrees, upon request of the City Treasurer, to provide copies of all documents filed with any federal, state, or local regulatory agency affecting any of Permittee's Facilities or related business operations pursuant to this Master Permit. Permittee agrees that it will manage all of its operations in accordance with a policy of keeping books and records open and accessible to the City. Without limiting its obligations under this Master Permit, Permittee agrees that it will collect and make available books and records for inspection and copying by the City in order to ensure the operations of Permittee are that of a telephone business or service provider pursuant to RCW 35.21.860. Permittee shall be responsible for collecting the information and producing it. Books and records shall be produced to the City at one of Permittee's physical offices in the State of Washington in the greater Seattle area or such other location as the parties may agree. Permittee shall take all steps required, if any, to ensure that it is able to provide the City all information which must be provided or may be requested under this Master Permit, including providing appropriate subscriber privacy notices. Nothing in this Master Permit shall be read to require Permittee to violate 47 USC Section 551. Permittee shall be responsible for redacting any date that federal law prevents it from providing to the City. Permittee shall have the right to have its employee and agents physically present at all times that the City, its employees or agents are conducting any such audit and representatives of the City shall comply with Permittee's standard accounting policies and procedures pertaining the City's auditing of Licensee's accounting records which are considered by Licensee to be proprietary and confidential. Records shall be kept for at least six years. Permittee shall maintain records sufficient to show its compliance with the requirements of this Master Permit and shall produce those records within thirty (30) days of a City request. Such written notice from the City must identify with specificity the period for which the City wishes to conduct its audit. Section 17. Indemnification and Waiver. As consideration for the issuance of this Master Permit, Permittee shall indemnify the City as follows: A. Permittee hereby releases, covenants not to bring suit and agrees to indemnify, defend and hold harmless the City, its elected and appointed officers, officials, employees, agents, consultants, volunteers, and representatives from any and all claims, costs, judgments, awards or liability to any Person arising from injury, sickness, or death of any Person or damage to property: For which the negligent acts or omissions of Permittee, its agents, servants, officers or employees in performing the activities authorized by this Master Permit are the proximate cause; 2. By virtue of Permittee's exercise of the rights granted herein; 3. By virtue of the City permitting Permittee's use of the City's Public Ways or other public property; 4. Based on the City's inspection or lack of inspection of work performed by Permittee, its agents and servants, officers or employees in connection with 12 Packet Pg. 117 8.1.b work authorized on a Facility, the Public Ways, or property over which the City has control pursuant to this Master Permit or pursuant to any other permit or approval issued in connection with this Master Permit; 5. Arising as a result of the negligent acts or omissions of Permittee, its agents, servants, officers or employees in barricading, instituting trench safety systems or providing other adequate warnings of any excavation, construction, or work upon the Public Ways, in any Public Way, or other public place, or work upon a Facility, in performance of work or services under this Master Permit; and 6. Based upon radio frequency emissions or radiation emitted from Permittee's equipment or Facilities, regardless of whether Permittee's equipment or Facilities complies with applicable federal statutes and/or FCC regulations related thereto. B. The provisions of Subsection A of this Section shall apply to claims against the City by Permittee's own employees and the employees of the Permittee's agents, representatives, contractors, and subcontractors to which Permittee might otherwise be immune under Title 51 RCW. It is expressly agreed and understood that this assumption of potential liability for actions brought against the City by the aforementioned employees is with respect to claims against the City arising by virtue of Permittee's exercise of its rights. To the extent required to provide this indemnification, Permittee waives its immunity under Title 51 RCW as provided in RCW 4.24.115. This waiver of immunity under Title 51 RCW has been mutually negotiated by the parties hereto, and Permittee acknowledges that the City would not enter into this Master Permit without Permittee's waiver thereof. C. Inspection or acceptance by the City of any work performed by the Permittee at the time of completion of construction shall not be grounds for avoidance of any of these covenants of indemnification. Provided that Permittee has been given prompt written notice by the City of any such claim, said indemnification obligations shall also extend to claims which are not reduced to a suit and any claims which may be compromised prior to the culmination of any litigation or the institution of any litigation. Permittee shall control the defense of any claim under which it is providing indemnification, and the City has the right to participate in the defense of any such claim, and has the right to approve any settlement or other compromise of any such claim. D. If Permittee refuses the tender of defense in any suit or any claim, said tender having been made pursuant to this Section, and said refusal is subsequently determined by a court having jurisdiction (or such other tribunal that the parties shall agree to the matter), to have been a wrongful refusal on the part of the Permittee, then Permittee shall pay all of the City's costs for defense of the action, including all reasonable expert witness fees, reasonable attorney's fees, the reasonable costs of the City, and reasonable fees of recovering under this Subsection. E. The obligations of Permittee under the indemnification provisions of this Section shall apply regardless of whether liability for damages arising out of bodily injury to Persons or 13 Packet Pg. 118 8.1.b damages to property were caused or contributed to by the City, its officers, agents, employees or contractors except to the extent that such claims, actions, damages, costs, expenses, and attorney's fees were caused by the sole negligence or any willful, malicious, or criminal act on the part of the City, its officers, agents, employees or contractors. In the event that a court of competent jurisdiction determines that a Master Permit is subject to the provisions RCW 4.24.115, the parties agree that the indemnity provisions hereunder shall be deemed amended to conform to said statute and liability shall be allocated as provided therein. F. Notwithstanding any other provisions of this Section, Permittee assumes the risk of damage to its Facilities located in the Public Ways and upon City -owned property occurring as a result of or in connection with any public works, public improvements, construction, excavation, grading, filling, or work of any kind on such City property or within the Public Ways by or on behalf of the City, regardless of whether such activities are conducted by the City, its officers, agents, employees and contractors, except to the extent any such damage or destruction is caused by or arises from the sole negligence or any willful, malicious, or criminal act on the part of the City, its officers, agents, employees or contractors. Permittee releases and waives any and all such claims against the City, its officers, agents, employees or contractors. In no event shall the City be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including by way of example and not limitation lost profits, lost revenue, loss of goodwill, or loss of business opportunity in connection with its performance or failure to perform. Permittee further agrees to indemnify, hold harmless and defend the City against any claims for damages, including, but not limited to, business interruption damages and lost profits, brought by or under users of Permittee's Facilities as the result of any interruption of service due to damage or destruction of Permittee's Facilities caused by or arising out of activities conducted by the City, its officers, agents, employees or contractors, except to the extent any such damage or destruction is caused by or arises from the sole negligence or any willful or malicious actions on the part of the City, its officers, agents, employees or contractors. G. These indemnification requirements shall survive the expiration, revocation, or termination of this Master Permit or any other permits or approvals related thereto. Section 18. Insurance. The Permittee, and any subcontractors performing services on its behalf, shall procure and maintain insurance against claims for injuries to persons or damages to property which may arise from or in connection with the exercise of the rights, privileges and authority granted hereunder to the Permittee, its agents, representatives or employees. The Permittee shall provide to the City, for its inspection, an insurance certificate together with an endorsement including the City, and its elected and appointed officers, officials, employees, agents, consultants, volunteers, and representatives as additional insureds prior to the commencement of any work or installation of any Facilities pursuant to this Master Permit. Such insurance certificate shall evidence: A. Commercial general liability insurance as per ISO Form CG 00 01 or its equivalent, written on an occurrence basis, including contractual liability coverage, and shall cover liability arising from premises, operations, independent contractors, products -completed operations, personal injury and advertising injury, and liability assumed under an insured contract. 14 Packet Pg. 119 8.1.b There shall be no exclusion for liability arising from explosion, collapse or underground property damage. The Public Entity shall be included as an additional insured under the Permittee's Commercial General Liability insurance policy by endorsement with respect this Master Permit using ISO endorsement CG 20 12, with limits of $5,000,000 per occurrence and $10,000,000 in the aggregate for bodily injury and property damage. B. Commercial Automobile liability covering all owned, non -owned, hired and leased vehicles with a combined single limit of $5,000,000.00 for each accident for bodily injury and property damage. Coverage shall be at least as broad as Insurance Services Office (ISO) form CA 00 01. C. Worker's compensation within statutory limits and employer's liability insurance with limits of $1,000,000.00 each accident/disease/policy limit, which may be self -insured by Permittee for this Section 18.C. The Permittee shall provide stop gap employer liability coverage in the amount of $1,000,000 per accident, per disease policy limit, per disease per employee. D. Contractors Pollution Liability coverage or self-insurance in the amount of $2,000,000 per claim and in the aggregate covering third party claims for bodily injury, property damage or cleanup costs as required by law, where the pollution is caused during and by Permittee's operations under this Agreement. E. Excess umbrella liability policy with limits of $5,000,000 per occurrence and in the annual aggregate. It shall be excess over Permittee's Commercial General Liability and Automobile Liability insurance. F. Insurance shall be placed with insurers with a rating of A.M. Best & Company's Key rating Guide of A, VII Overall and a Financial Size Category of VII. The liability insurance policies required by this Section shall be maintained by the Permittee throughout the term of this Master Permit, and such other period of time during which the Permittee is operating without a Master Permit hereunder, or is engaged in the removal of its Facilities. Payment of deductibles and self -insured retentions shall be the sole responsibility of the Permittee. The commercial general liability insurance required by this Section shall contain a clause stating that the coverage shall apply separately to each insured against whom a claim is made or suit is brought. The Permittee's insurance shall be primary insurance with respect to the City, its elected and appointed officers, officials, employees, agents, consultants, volunteers, and representatives. Any insurance maintained by the City shall be in excess of the Permittee's insurance and shall not contribute with it. Permittee's maintenance of insurance shall not be construed to limit the liability of Permittee to the coverage provided by such insurance or otherwise limit the City's recourse to any remedy available at law or equity. G. In addition to the coverage requirements set forth in this section, Permittee must notify the City of any cancellation or reduction of any required coverage that is not replaced. Within 30 days after receipt by the City of said notice, and in no event later than 15 days prior to said cancellation or intent not to renew, Permittee shall obtain and furnish to the City a replacement insurance certificate meeting the requirements of this Section. 15 Packet Pg. 120 8.1.b Section 19. Inventory. Permittee shall maintain a current inventory of its Facilities throughout the Term of Master Permit. Permittee shall provide to the City a copy of the inventory report no later than one hundred eighty (180) days after the Effective Date of this Master Permit, and shall be updated within thirty (30) days of request by the City. The inventory report shall be provided in hard copy and digital copy. The inventory report shall include GIS coordinates, date of installation, type of pole used for installation, description/type of installation for each Small Wireless Facility installation and photographs taken before and after the installation of the Small Wireless Facility and taken from the public street. Small Wireless Facilities that are abandoned or whose use has been discontinued per ECDC 20.50.140, shall be included in the inventory report and Permittee shall provide the same information as is provided for active installations as well as the date the Small Wireless Facilities were abandoned or discontinued, and the date of removal from the Right -of -Way. The City shall compare the inventory report to its records to identify any discrepancies, and the parties will work together in good faith to resolve any discrepancies. Permittee is not required to report on future inventory reports any abandoned or discontinued Small Wireless Facilities which were removed from the Right -of -Way since the last reported inventory. Inventory required to be maintained and provided under this Section 19 shall be at no cost to the City. After construction is complete, Permittee shall provide the City with accurate copies of all as -built plans and maps showing the location of all components meeting the definition of Facilities placed in the Right -of -Way, in a form and content prescribed by the Public Works Director. These plans shall be provided at no cost to the City, and shall include hard copies and digital copies in a format specified by the Public Works Director. Section 20. Abandonment and Removal of the Permittee's Facilities. In addition to the abandonment and removal requirements of ECDC 20.50.140, Permittee agrees to the following: Upon the date of expiration, termination, or revocation of the rights granted under this Master Permit, within sixty (60) days the Permittee must remove the Facilities and any structures in accordance with the requirements of ECDC 20.50.140 and this Section 20. If Permittee fails to remove all Facilities in accordance with ECDC 20.50.140 and this section, then the City shall, upon at least thirty (30) days advance written notice to Permittee, have the authority to take any of the following actions: (1) physically remove the Facilities and charge all costs for removal and all costs for storage or disposal to the Permittee; (2) compel the Permittee to remove any such Facilities through judicial action; or (3) take title of such Facilities. Section 21. Safety Requirements. A. Permittee shall, at all times and at its sole responsibility and expense, comply with all applicable laws, standards and regulations relating to the installation, operation, maintenance, 16 Packet Pg. 121 8.1.b repair and/or removal of its Facilities. In accordance with applicable federal, state, and local safety requirements, Permittee shall at all times employ reasonable and 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 and/or workers. The Facilities shall at all times be kept and maintained in a safe, suitable condition, and in good order and repair. B. As an exercise of its police powers in the interest of the public health, safety, and welfare, and to the extent not preempted by federal law, the City may require verification of Permittee's compliance with any health and safety laws and regulations applicable to its Facilities at Permittee's cost and expense. The City may, but shall have no obligation to, conduct inspections, and Permittee shall cooperate with any such inspections and provide all information requested by the City as it may reasonably determine is necessary as part of its inspection. Permittee shall reimburse the City for its reasonable costs related to all health and safety inspections according to the procedures of Section 14; PROVIDED THAT with respect to any RF emissions inspections, Permittee shall only be charged if Permittee is found to be out of compliance with FCC standards. C. 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 Permittee, establish a reasonable time for Permittee 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 Permittee. D. Notwithstanding the foregoing, if either party discovers that the emissions from a Facility exceed the FCC standards, and if discovered by the City then also after testing and certification of test results from a qualified RF engineer, then Permittee shall immediately turn off the Facility or portion thereof committing the violation, until the emissions exposure is remedied. Upon any City discovery of violation, notification shall be made verbally by calling 1-800-832- 6662 and by email notice to REleaseAdmin@att.com. Permittee is required to promptly turn off that portion of the Facility that is in violation, no later than forty-eight (48) hours after date and time of email notice or of its own discovery of noncompliance. E. Pursuant to ECDC 20.50.070, upon each application for a wireless communications facility permit, Permittee shall provide the certificate of an RF engineer with knowledge of the proposed development that the small wireless facility network will comply with RF standards adopted by the FCC. Permittee shall further provide proof of FCC and other regulatory approvals required to provide the service and to utilize the technology sought to be installed. Permittee shall thereafter perform any testing and provide certification of the Facilities as may be requested by FCC or any other government agency with the authority to regulate exposure to RF emissions, and Permittee will provide a copy of any such compliance reports to the City. 17 Packet Pg. 122 8.1.b Section 22. Construction Bond. Before undertaking any of the work, installation, improvements, construction, repair, relocation or maintenance authorized by this Master Permit, the Permittee shall furnish a Right -of -Way Construction Bond written by a corporate surety acceptable to the City equal to at least one hundred twenty five percent (125%) of the estimated cost of restoring the Public Ways of the City to the pre -construction condition required by Section 11 (Restoration after Construction) of this Master Permit. Said bond shall be required to remain in full force until sixty (60) days after completion of the construction of Permittee's Facilities and other improvements from the Public Ways of the City. In the event that a bond issued to meet the requirements of this Section is canceled by the surety, after proper notice and pursuant to the terms of said bond, Permittee shall, prior to expiration of said bond, be responsible for obtaining a replacement bond which complies with the terms of this Section. Section 23. Maintenance Bond. Permittee shall furnish a maintenance bond written by a corporate surety acceptable to the City equal to at least fifteen percent (15%) of the original Construction Bond amount which shall warrant all restoration work for a period of two (2) years. The Maintenance Bond must be in place before City may release the Construction Bond. In the event that a bond issued to meet the requirements of this Section is canceled by the surety, after proper notice and pursuant to the terms of said bond, Permittee shall, prior to expiration of said bond, be responsible for obtaining a replacement bond which complies with the terms of this Section. Section 24. Modification. The City and the Permittee hereby reserve the right to alter, amend or modify the terms and conditions of this Master Permit upon the written agreement of both parties to such alteration, amendment or modification. Said modifications shall be approved by the City by ordinance and accepted by the Permittee consistent with Section 41 (Acceptance) hereof. Section 25. Forfeiture and Revocation. A. This Master Permit may be terminated for failure by Permittee to comply with the material provisions hereof and other provisions of the Edmonds Municipal Code. In addition to termination, the City may impose lesser sanctions, including, but not limited to, monetary penalties, for violation of this Master Permit in accordance with the terms of the Master Permit herein. B. If the City has reason to believe that Permittee is in violation of this Master Permit or other provisions of the Edmonds Municipal Code, the following procedures shall be followed by the City: 1. The City shall provide Permittee with a detailed written notice, by certified mail, detailing the violation, the steps necessary to cure such violation, and a reasonable time period within which the violation must be cured. Within thirty days (30) thereafter, Permittee shall respond demonstrating that no violation occurred, that any problem has been corrected, or with a proposal to correct the problem within a specified period of time. Packet Pg. 123 8.1.b 2. Permittee may request an extension of time to cure an alleged violation if construction is suspended or delayed by the City, or where unusual weather, natural consequences (e.g., earthquakes, floods, etc.), extraordinary acts of third parties, or other circumstances which are reasonably beyond the control of Permittee delay progress, provided that Permittee has not, through its own actions or inactions, contributed to the delay. The amount of additional time allowed will be determined by the City. The extension of time in any case shall not be greater than the extent of the actual non-contributory delay experienced by Permittee. 3. If said response is not satisfactory to City, the City may declare Permittee to be in default, with written notice to Permittee in accordance with the Notice requirements of this Master Permit. Within ten business days after notice to Permittee, Permittee may deliver to the City a request for a hearing before the City Council. If no such request is received, the City may declare the Master Permit terminated for cause and/or impose lesser sanctions. 4. If Permittee files a timely written request for a hearing, such hearing shall be held within thirty (30) days after the City's receipt of the request therefor. Such hearing shall be open to the public and Permittee and other interested parties may offer written and/or oral evidence explaining or mitigating such alleged non-compliance. Within ten days after the hearing, the City Council, on the basis of the record, will make the determination as to whether there is cause for termination, whether the Master Permit will be terminated, and/or whether lesser sanctions should be imposed. The City Council may in its sole discretion fix an additional time period to cure violations. If the deficiency has not been cured at the expiration of any additional time period or if the City Council does not grant any additional period, the City Council may, by resolution declare the Master Permit to be terminated and forfeited or impose lesser sanctions. 5. If Permittee appeals revocation and termination, such revocation may be held in abeyance pending judicial review by a court of competent jurisdiction, provided the Permittee is otherwise in compliance with this Master Permit. While revocation is held in abeyance, City may suspend the issuance of additional permits. In any such appeal, Permittee shall be responsible for the costs of preparing and filing the City's administrative record with the Court and such costs shall be paid prior to the City's filing thereof. C. In the event that the City elects to impose monetary penalties upon the Permittee for failure to comply with the material provisions of this Master Permit, said penalties shall be assessed at five hundred dollars ($500.00) per day, per violation, for each day beyond thirty (30) days that Permittee has been in violation. D. Monetary penalties may be assessed retroactive to the date that notification was provided to Permittee in such cases where Permittee has been non -responsive in correcting the violation or in the case of flagrant violations. If payment of any penalty is delinquent by three (3) months or more, the City may: (1) require partial or total forfeiture of any performance bond, the Security Fund, or other surety posted by Permittee; (2) terminate this Master Permit; and/or (3) commence a civil action in a court of competent jurisdiction to collect said penalty. ILI Packet Pg. 124 8.1.b E. If this agreement is terminated for cause, the sixty (60) day clock referenced in Section 20 (Abandonment and Removal of the Permittee's Facilities) begins to run the date the City or City Council declares the Master Permit terminated for cause in accordance with the procedures of this Section 25; Provided that if Permittee appeals revocation and termination pursuant to paragraph B(5) of this Section 25, then paragraph B(5) shall govern. F. Permittee shall not be deemed to be in default, failure, violation, or non-compliance with any provision of this Master Permit where performance was rendered impossible due to materially, substantially, and reasonably to an act of God, fire, flood, storm, or other element or casualty, theft, war, disaster, strike, lock -out, boycott, prevailing war or war preparation, or bona fide legal proceedings, beyond the control of Permittee. Section 26. Security Fund. A. At the same time as providing acceptance of this Master Permit, Permittee shall establish a permanent security fund in the amount of Fifty Thousand Dollars ($50,000) to guarantee the full and complete performance of the requirements of this Master Permit and to guarantee payment of any costs, expenses, damages, or loss the City pays or incurs, including monetary penalties, because of any failure attributable to Permittee to comply with the codes, ordinances, rules, regulations, or permits of the City. The amount of the Security Fund shall not be construed to limit Permittee's liability or to limit the City's recourse to any remedy to which the City is otherwise entitled at law or in equity. B. Permittee shall replenish the security fund within fourteen (14) days after written notice from the City that there is a deficiency in the amount of the fund. C. Upon termination or expiration of the Master Permit, all funds remaining in the Security Fund shall be returned to Permittee within thirty (30) days after removal of Permittee's Facilities in the Public Ways. Section 27. Hazardous Substances. Permittee shall not introduce or use any hazardous substances (chemical or waste), in violation of any applicable law or regulation, nor shall Permittee allow any of its agents, contractors or any person under its control to do the same. Permittee will be solely responsible for and will defend, indemnify and hold the City, its officers, officials, employees and agents harmless from and against any and all claims, costs and liabilities including reasonable attorneys' fees and costs, arising out of or in connection with the cleanup or restoration of any property associated with Permittee's use, storage, or disposal of hazardous substances, or the use, storage or disposal of such substances by Permittee's agents, contractors, or other persons acting under Permittee's control. Section 28. City Ordinances and Regulations. Permittee agrees to comply with all present and future federal, state, and local laws, ordinances, rules, and regulations. This Master Permit is subject to ordinances of general applicability enacted pursuant to the City's police powers. Nothing herein shall be deemed to direct or restrict the City's ability to adopt and enforce all necessary and appropriate ordinances regulating the performance of the conditions of this Master Permit, 20 Packet Pg. 125 8.1.b including any ordinance made in the exercise of its police powers in the interest of public safety and for the welfare of the public. The City shall have the authority at all times to control by appropriate regulations the locations, elevation, manner or construction and maintenance of any facilities by the Permittee, and the Permittee shall promptly conform with all such regulations, unless compliance would cause the Permittee to violate other requirements of the law. Section 29. Survival. All of the provisions, conditions, and requirements of this Master Permit shall be in addition to any and all other obligations and liabilities the Permittee may have to the City at common law, by statute, or by contract. The provisions, conditions, and requirements of Sections 8, Relocation of Facilities; 9, Undergrounding of Facilities; 10, Work in Public Ways; 11, Restoration after Construction; 13, Dangerous Conditions, Authority for City to Abate; 17, Indemnification and Waiver; 18, Insurance; 20, Abandonment and Removal of the Permittee's Facilities, 26 Security Fund, and 27 Hazardous Substances, shall survive the expiration or termination of this Master Permit, and any renewals or extensions thereof. All of the provisions, conditions, regulations and requirements contained in this Master Permit shall further be binding upon the heirs, successors, executors, administrators, legal representatives and assigns of the Permittee and all privileges, as well as all obligations and liabilities of the Permittee shall inure to its heirs, successors, and assigns equally as if they were specifically mentioned wherever the Permittee is named herein. Section 30. Severability. In any section, sentence, clause, or phrase of this Master Permit should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this Master Permit. Section 31. Assignment. This Master Permit may not be assigned or transferred without prior written notice to the City, except that the Permittee may freely assign this Master Permit without notice in whole or part to a parent, subsidiary, or Affiliate or as part of any corporate financing, reorganization or refinancing. In the case of transfer or assignment as security by mortgage or other security instrument in whole or in part to secure indebtedness, such notice shall not be required unless and until the secured party elects to realize upon the collateral. Permittee may, without the prior written notice to the City: (i) Lease the Facilities, or any portion thereof, to another; (ii) Grant an Indefeasible Right of User Interest in the Facilities, or any portion thereof, to another; or (iii) Offer or provide capacity or bandwidth in its Facilities to another, PROVIDED THAT: Permittee at all times retains exclusive control over such Facilities and remains solely responsible and liable for the performance of all obligations under this Master Permit, including but not limited to responsible for locating, servicing, repairing, relocating or removing its Facilities pursuant to the terms and conditions of this Master Permit. Permittee cannot grant any rights to a Lessee that are greater than any rights Permittee has under this Master Permit. Any Lessee shall not be construed to be a third party beneficiary under this Master Permit. Section 32. Vacation. The City may at any time by ordinance vacate all or any portion of the area affected by this Master Permit, and the City shall not be liable for any damages or loss to the Permittee by reason of such vacation. The City shall strive to notify the Permittee in writing at 21 Packet Pg. 126 8.1.b least sixty (60) days prior to vacating all or any portion of any such area in which Permittee is located. , This Master Permit shall terminate with respect to such vacated area after sixty (60) days written notice to Permittee. Section 33. Notice of Tariff Changes. If applicable to Permittee, Permittee shall, when making application for any changes in tariffs affecting the provisions of this Master Permit, notify the City in writing of the application and provide the Public Works Director with a copy of the submitted application within three days of filing with the Washington Utilities and Transportation Commission or other regulatory body. If applicable to Permittee, Permittee shall further provide the Public Works Director with a copy of any actual approved tariff change affecting the provisions of this Master Permit. Section 34. Notice. All notices, requests, demands, and communications hereunder will be given by first class certified or registered mail, return receipt requested, or by a nationally recognized overnight courier, postage prepaid, to be effective when properly sent and received, refused or returned undelivered. Notices will be addressed to the parties as follows: CITY: City of Edmonds Public Works Director 121 5th Avenue North Edmonds, WA 98020 Telephone: (425) 771-0220 With a copy to the City Attorney at the same address. PF.RMITTF.F.- New Cingular Wireless PCS, LLC Attn: Network Real Estate Administration Site No. City of Edmonds Wireless Franchise Agreement (WA) 1025 Lenox Park Blvd NE, 3rd Floor Atlanta, GA 30319 With a copy to: New Cingular Wireless PCS, LLC Attn: AT&T Legal Dept — Network Operations Site No. City of Edmonds Wireless Franchise Agreement (WA) 208 S. Akard Street Dallas, TX 75202-4206 22 Packet Pg. 127 8.1.b Section 35. Entire Master Permit. This Master Permit constitutes the entire understanding and agreement between the parties as to the subject matter herein and no other agreements or understandings, written or otherwise, shall be binding upon the parties upon approval and acceptance of this Master Permit. Provided further, that the City and Permittee reserve all rights they may have under law to the maximum extent possible and neither the City nor Permittee shall be deemed to have waived any rights they may now have or may acquire in the future by entering into this Master Permit. Section 36. Attorney's Fees. Except as otherwise provided in this Master Permit, if any suit or other action is instituted in connection with any controversy arising under this Master Permit, each party shall be responsible for its own attorneys' fees and costs; This section shall have no effect on the indemnity and defense obligations of this Master Permit. Section 37. Non -waiver. Failure of the City to declare any such breach or default immediately upon the occurrence thereof, or delay in taking any action in connection therewith, shall not waive such breach or default, but the City shall have the right to declare any such breach or default at any time. Failure of the City to declare one breach or default does not act as a waiver of the City's right to declare another breach or default. Section 38. Governing LawNenue. This Master Permit shall be governed by and construed in accordance with the laws of the state of Washington. The venue and jurisdiction over any dispute related to this Master Permit shall be with the Snohomish County Superior Court, or, with respect to any federal question, with the United States District Court for the Western District of Washington, at Seattle. Section 39. Titles. The section titles are for reference only and should not be used for the purpose of interpreting this Master Permit. Section 40. Acceptance. Within sixty (60) days after the passage and approval of this ordinance, this Master Permit shall be accepted by Permittee by its filing with the City Clerk an unconditional written acceptance thereof. Failure of the Permittee to so accept this Master Permit within said period of time shall be deemed a rejection thereof, and the rights and privileges herein granted shall, after the expiration of the sixty (60) day period, absolutely cease and determine, unless the time period is extended by ordinance duly passed for that purpose. Section 41. Effective Date. This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum, and shall take effect five (5) days after the passage and publication of an approved summary thereof consisting of the title. 23 Packet Pg. 128 8.1.b APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: Rm JEFF TARADAY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: 24 CITY OF EDMONDS MAYOR MICHAEL NELSON ATTEST/AUTHENTICATED: CITY CLERK SCOTT PASSEY Packet Pg. 129 8.1.b SUMMARY ORDINANCE NO. of the City of Edmonds, Washington On the day of , 2021, the City Council of the City of Edmonds, passed Ordinance No. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, GRANTING TO NEW CINGULAR WIRELESS PCS, LLC, A DELAWARE LIMITED LIABILITY COMPANY, A NON-EXCLUSIVE MASTER PERMIT TO INSTALL, OPERATE, AND MAINTAIN SMALL WIRELESS TELECOMMUNICATIONS FACILITIES WITHIN THE PUBLIC RIGHT-OF-WAY OF THE CITY OF EDMONDS, WASHINGTON, PRESCRIBING CERTAIN RIGHTS, DUTIES, TERMS, AND CONDITIONS WITH RESPECT THERETO, ESTABLISHING AN EFFECTIVE DATE. The full text of this Ordinance will be mailed upon request. DATED this day of , 2021. City Clerk, Scott Passey 25 Packet Pg. 130 26 C i 'L u a. E L d Q. L N ns L O E W 4- 0 r V 0 N LO O r N C CD E t u R r Q Packet Pg. 131 8.1.c RESOLUTION NO. 1426 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, (1) Requesting the FCC to perform and update studies on the potential health risks of 5G radio frequency emissions and publish such findings, and (2) Requesting Congress to determine the FCC has overstepped its bounds in its order titled "Accelerating Wireless Broadband Deployment by Removing Barriers to Infrastructure Investment" effective January 14, 2019, and to adopt H.R.530 - Accelerating Broadband Development by Empowering Local Communities Act of 2019. WHEREAS, the Federal Communications Commission ("FCC") has jurisdiction over non- federal wireless facilities, authorizing and licensing all non-federal devices, transmitters, and facilities that generate Radio Frequency ("RF") radiation; and WHEREAS federal law preempts state and local governments, including the City of Edmonds, from considering health concerns in the regulation and placement of wireless facilities, so long as such facilities otherwise comply with applicable federal law, and WHEREAS the Federal Communications Commission (FCC) is required by the National Environmental Policy Act of 1969 to evaluate the effects of emissions from FCC -regulated transmitters on the quality of the human environment; and WHEREAS on August 1, 1996, the FCC adopted the National Council on Radiation Protection and Measurements' recommended Maximum Permissible Exposure limits for field strength and power density for the transmitters operating at frequencies of 300 kHz to 100 GHz; and WHEREAS the FCC in 2015 last updated guidelines for human exposure to radio frequency (RF) electromagnetic fields from wireless facilities, based primarily on recommendations of other federal agencies after reviews of prior scientific literature related to RF biological effects, primarily from the 1990's; and WHEREAS currently no federally -mandated RF exposure standards exist; and WHEREAS the FCC relies upon federal agencies with health and safety expertise, such as the Food and Drug Administration (FDA), the Environmental Protection Agency, the National Institute for Occupational Safety and Health, and the Occupational Safety and Health Administration which have assigned roles in federal law for monitoring and investigating issues related to RF exposure; and WHEREAS the Government Accounting Office in 2001 prepared a report of its investigation into safety concerns related to mobile phones, and concluded that further research into wireless technology is needed, recommending the FDA take the lead in monitoring research results; and WHEREAS, in September 2017, 180 scientists and doctors from 36 countries sent an appeal to the European Commission recommending a moratorium on the roll out of 5G until potential 1 Packet Pg. 132 8.1.c hazards for human health and the environment had been fully investigated by scientists independent from industry; and WHEREAS, the results of the world's largest study on the link between RF radiation associated with 2G and 3G cell phones and cancer were released on November 1, 2018, by the National Toxicology Program, an inter -agency program within the U.S. Department of Health and Human Services, found evidence of cancerous heart tumors, as well as some evidence of cancerous brain tumors, in male rats exposed to high levels of RF radiation like that used in 2G and 3G cell phones. However, researchers have cautioned that findings "do not apply to 4G or 5G technologies;" and WHEREAS on December 3, 2018, U.S. Senator Richard Blumenthal and Congresswoman Anna G. Eshoo co-authored a letter to FCC Commissioner Brendan Carr requesting the FCC and relevant health agencies provide them studies informing the FCC's 5F safety determination, and while they did receive a letter from the FCC on December 17, 2018, it had no mention of 5G safety testing; and WHEREAS the City of Edmonds recognizes broadband networks, both wired and wireless, as essential infrastructure fundamental to the future of Edmond's community members and businesses; and WHEREAS, the FCC recently issued an Order titled "Accelerating Wireless Broadband Deployment by Removing Barriers to Infrastructure Investment" effective January 14, 2019, wherein it clarified when the Telecommunications Act of 1996 preempts state and local regulations that may inhibit a mobile service provider's ability to provide a service to an area, adopting a "material inhibition" standard and applying it to limit fees a municipality can impose for use of its rights of way and limiting non -fee requirements such as undergrounding, aesthetics, and minimum spacing requirements; and WHEREAS, a number of municipalities have filed petitions for review in the Ninth Circuit, alleging the Order exceeds the FCC's statutory authority, is arbitrary and capricious and an abuse of discretion, and is otherwise contrary to law; and WHEREAS this Resolution of the City would permit the City to 1) advocate for updated studies on RF Exposure Limits, and (2) potentially influence the outcome of the proceeding for the benefit of Edmonds community members; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. The Edmonds City Council requests of the FCC that it work in cooperation with the FDA and other relevant federal agencies to revisit and update studies on potential health concerns arising from RF wireless emissions and in particular addressing emissions from 5G technology; and Section 2. The Edmonds City Council requests the FCC make the findings from such studies publicly available in a timely manner; and Packet Pg. 133 8.1.c Section 3. The Edmonds City Council requests Congress determine the FCC has overstepped its bounds in its order titled "Accelerating Wireless Broadband Deployment by Removing Barriers to Infrastructure Investment" effective January 14, 2019; and Section 4. The Edmonds City Council requests Congress adopt H.R.530 - Accelerating Broadband Development by Empowering Local Communities Act of 2019. Section 5. The Mayor's Office shall cause a copy of this Resolution to be sent to all members of the FCC, to the FDA Commissioner, and to all members of the Washington Congressional Delegation. RESOLVED this 261h day of March, 2019. CITY OF EDMONDS ATTEST: CLERK, SWWPASSEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. AYOR, DAVE EARLING March 22, 2019 March 26, 2019 1426 3 Packet Pg. 134 9.1 City Council Agenda Item Meeting Date: 06/8/2021 Waiving Rent Payments for the Chamber of Commerce for July -September 2021 Staff Lead: Maureen Judge Department: City Council Preparer: Maureen Judge Background/History Due to the ongoing COVD-19 pandemic revenues to the Edmonds Chamber of Commerce have been severely impacted. Yearly revenue is down due to cancelled Chamber events. Staff Recommendation N/A Narrative To relieve financial stress on the Chamber, the Council is asked to consider waiving rent on their offices at City Hall for July, August, and September --with the assumption that the Chamber will be hosting "The Taste" in August. The monthly rent is $712.19 for a total of $2,136.57 for the three-month period. Packet Pg. 135 9.2 City Council Agenda Item Meeting Date: 06/8/2021 Amending ECC 10.80 Salary Commission Staff Lead: Jessica Neill Hoyson Department: Human Resources Preparer: Jessica Neill Neill Hoyson Background/History RCW 35.21.015 sets forth that Cities may establish a salary commission in order to address salaries of elected officials. The City of Edmonds has established a salary commission per ECC 10.80. Currently per ECC the Commission is set to meet every two years in odd numbered years in order to establish compensation for elected positions in the subsequent two years. The Salary Commission is scheduled to meet in 2021 to establish compensation for Council members and the Mayor for 2022 and 2023. The Administration is proposing the Commission cycle change from every two years to every four years and will meet next in 2023. Elected officials compensation would remain as currently established for 2022 and 2023. This item was first discussed at the 6/1/21 Council meeting. It is being resubmitted with no changes for further discussion and clarification of Council direction on this item. Staff Recommendation Review and approve the proposed code changes to ECC 10.80 Salary Commission. Narrative The administration is proposing a change in the regular cycle of the salary commission from every 2 years to every 4 years. The reasoning for this proposed change is that the salary changes enacted by the commission are very similar from year to year, this means that elected officials wages tend to not have significant jumps in any one year. Additionally, the Commission has generally chosen to align any compensation changes to the Mayor position with the COLA for the non -represented employees. Adversely, the staff support to assist the commission is very significant. So much so that the City felt it necessary to hire a consultant to manage the last convening of the Commission given that the HR Director position was vacant. The support time includes gathering initial information, preparing binders, setting up meetings, submitting press releases, developing surveys, gathering data and gathering additional documentation as requested by the commission. All of this works starts well prior to the commission convening and it is estimated that there are approximately 150 staff hours needed to support the Commission. There is a history of the City Council making changes to the salary commission. In 2014 the City Council dissolved the commission and no changes were made to Council or Mayor compensation in 2015 and 2016. In 2017 Council provided a COLA for the Mayor's position and then re-established the commission. The Commission then met and set compensation for Council and Mayor in 2018 and 2019. The Commission met in 2019 and set compensation for Council and Mayor for 2020 and 2021. Attached is a summary of the Commission decisions since 2012. Packet Pg. 136 9.2 The proposed code update is attached. The proposed changes address the meeting cycle moving from every 2 years to every 4 years. Additionally it addresses that Salary Commission members would be selected in each year in which the Commission meets. The term would be for the time period the Commission meets and would not extend beyond that. Members may be reappointed for up to two terms as established by RCW 35.21.015. Attachments: Draf Revisions to chapter 10.80 ECC Summary of Salary Commission Decisions since 2012 Packet Pg. 137 9.2.a Chapter 10.80 SALARY COMMISSION Sections: 10.80.010 Created — Membership. 10.80.020 Qualifications. 10.80.030 Duties. 10.80.040 Open meetings. 10.80.050 Referendum. 10.80.010 Created — Membership.C3 SHARE A. There is created a salary commission for the city. The commission shall consist of five members, to be appointed by the mayor with the approval of the city council. B. The salary commission will serve without compensation. C. Each member of the commission shall serve a term of three ye Months, exGe t that the members shall be a iRte f for staggered forms Of One two „r throe yearsfrom July 1 to September 30, PROVIDED THAT each such term shall only occur every four years commencing the year 2023, and PROVIDED FURTHER THAT a member is eligible to be reappointed for a subsequent term, subject to the term limits in subsection D, below. In between the four year cycles when the commission is active, the commission shall remain dormant and shall have no members until the next round of appointments are confirmed. D. No member of the commission shall be appointed to more than two terms. E. In the event of a vacancy in office of commissioner, the mayor shall appoint, subject to approval of the city council, a person to serve the unexpired portion of the term of the expired position. F. A member of the commission shall only be removed from office for cause of incapacity, incompetence, neglect of duty, or malfeasance in office, or for a disqualifying change of residence. [Ord. 4057 § 1, 2017]. 10.80.020 Qualifications.0 SHARE A. Each member of the commission shall be a resident of the city. B. No member of the commission shall be an officer, official, or employee of the city or an immediate family member of an officer, official, or employee of the city. For purposes of this section, "immediate family member" means the parents, spouse, siblings, children, or dependent relatives of an officer, official, or employee of the city, whether or not living in the household of the officer, official, or employee. [Ord. 4057 § 1, 2017]. 10.80.030 Duties.O SHARE Packet Pg. 138 9.2.a A. The commission shall have the duty to meet between July 1st and September 30th ef- each -add numberedevery four years commencing the year 70172023, to review the salaries paid by the city to each elected city official, except that the salary of the municipal court judge shall be determined in accordance with ECC 2.15.040. If after such review the commission determines that the salary paid to an elected city official should be increased or decreased, the commission shall file a written salary schedule with the city clerk, prior to September 30th of the given year, indicating the increase or decrease in salary and the effective date(s), PROVIDED THAT the earliest of any such effective date shall be no earlier than January 1" of the following year. Prior to filing the salary schedule with the city clerk, the city attorney shall review the salary schedule for ambiguity and legality and shall approve the salary schedule as to form if the schedule is unambiguous and legal. B. Any increase or decrease in salary established by the commission shall become effective and incorporated into the city budget without further action of the city council or salary commission. C. Salary increases established by the commission shall be effective as to all city elected officials, regardless of their terms of office. Salary increases established by the commission shall be effective on the next payday for city employees, or under the conditions established in the salary schedule. D. Salary decreases established by the commission shall become effective as to incumbent city elected officials at the commencement of their next subsequent terms of office. E. For purposes of this chapter, "salary" means any fixed compensation paid or provided periodically for work or services and includes, but is not limited to, wages and medical or other benefits. This definition expressly excludes any expenses paid or reimbursed on behalf of the mayor or council member for training and travel expenses. [Ord. 4062 § 1 2017; Ord. 4057 § 1, 2017]. 10.80.040 Open meetings.O SHARE All meetings, actions, hearings, and business of the commission shall be subject to the Open Public Meetings Act as set forth in Chapter 42.30 RCW. Prior to the filing of any salary schedule, the commission shall hold no fewer than two public hearings thereop within the two months immediately preceding the filing of its salary schedule. At least one public hearing should be held prior to the commission's development of a proposed salary schedule. At least one public hearing should be held after the commission's development and publication of a proposed salary schedule. [Ord. 4057 § 1, 2017]. 10.80.050 Referendum.O SHARE A. Any salary increase or decrease established by the commission pursuant to this chapter shall be subject to referendum petition by the voters of the city, in the same manner as a city ordinance, upon filing of a referendum petition with the city clerk within 30 days after filing of a salary schedule by the commission. In the event of the filing of a valid referendum petition, the salary increase or decrease shall not go into effect until approved by a vote of the people. B. Referendum measures under this section shall be submitted to the voters of the city at the next following general or municipal election occurring 30 days or more after the petition is filed, and shall otherwise be governed by the provisions of the State Constitution and the laws generally applicable to referendum measures. [Ord. 4057 § 1, 2017]. Packet Pg. 139 9.2.b Previous Salary Commission Decisions Year Council Salary Council Pres. Mayor Salary COLA Comments Mayor Benefits $change Council Benefits Effective Annual Monthly 2019 Salary Commission 2021 $136,211.04 4.00% stated COLA No change, tied to nonrep $ 17,000.00 $1,000 $ 300.00 No Change, Cafeteria Plan 2019 Salary Commission 2020 $130,972.01 4.00% stated COLA No change, tied to nonrep $ 16,000.00 $1,000 $ 300.00 No Change, Cafeteria Plan 2017 Salary Commision 2019 $125,934.80 3.30% Same as Non -rep No change, tied to nonrep $ 15,000.00 $1,500 $ 200.00 No Change, Cafeteria Plan 2017 Salary Commision 2018 $121,911.74 3.00% Same as Non -rep No change, tied to nonrep $ 13,500.00 $1,500 $ 200.00 No Change, Cafeteria Plan City Council Budget Decision 2017 $118,360.92 1 2.50% stated COLA I No change, tied to nonrep $ 12,000.00 No Change $ 200.00 No Change, Cafeteria Plan 2014 Citizens Commission 2016 Council repealed the Citizins commision for 2014 which was prior to the filing of the decision with the City Clerk so no changes were enacted. No Change 2014 Citizens Commission 2015 No Change 2012 Citizens Commission 2014 $115,474.08 1.40% Same as Non -rep No change, tied to nonrep $ 12,000.00 No Change $ 200.00 No Change, Cafeteria Plan 2012 Citizens Commission 2013 $115,474.08 1 2.00%1 Same as Non -rep I No change, tied to nonrep 1 $ 12,000.00 $ 200.00 Established Cafeteria Plan Packet Pg. 140