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2023-09-26 CIty Council Packet
2 OF Bbj, ti Agenda Edmonds City Council 1,00 REGULAR MEETING COUNCIL CHAMBERS 250 5TH AVE NORTH, EDMONDS, WA 98020 SEPTEMBER 26, 2023, 7:00 PM PERSONS WISHING TO JOIN THIS MEETING VIRTUALLY IN LIEU OF IN -PERSON ATTENDANCE FOR THE PURPOSE OF PROVIDING AUDIENCE COMMENTS CAN CLICK ON OR PASTE THE FOLLOWING ZOOM MEETING LINK INTO A WEB BROWSER USING A COMPUTER OR SMART PHONE: HTTPS://ZOOM. US/J/95798484261 OR COMMENT BY PHONE: US: +1 253 215 8782 WEBINAR ID: 957 9848 4261 THOSE COMMENTING 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. WHEN YOUR COMMENTS ARE CONCLUDED, PLEASE LEAVE THE ZOOM MEETING AND OBSERVE THE REMAINDER OF THE MEETING ON THE COUNCIL MEETINGS WEB PAGE. 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 3. ROLL CALL 4 S. 6 PRESENTATIONS 1. Arbor Month Proclamation (5 min) 2. Sister City Commission exchange Trip (15 min) 3. Salary Commission Letter Establishing Elected Officials' Compensation for 2024 and 2025 (20 min) APPROVAL OF THE AGENDA AUDIENCE COMMENTS Edmonds City Council Agenda September 26, 2023 Page 1 THIS IS AN OPPORTUNITY TO COMMENT REGARDING ANY MATTER NOT LISTED ON THE AGENDA AS CLOSED RECORD REVIEW OR AS A PUBLIC HEARING. SPEAKERS ARE LIMITED TO THREE MINUTES. PLEASE STATE CLEARLY YOUR NAME AND CITY OF RESIDENCE. 7. RECEIVED FOR FILING 1. Update on Critical Aquifer Recharge Area Code Amendment (0 min) 2. Outside Boards and Committee Reports (0 min) 3. Written Public Comments (0 min) 8. APPROVAL OF THE CONSENT AGENDA 1. Approval of Regular Meeting Minutes September 19, 2023 2. Approval of claim checks and wire payment. 3. Approval of payroll and benefit checks, direct deposit and wire payments. 4. Authorization for Mayor to Sign Interlocal Agreement with Snohomish County regarding Solid Waste 9. COUNCIL BUSINESS 1. Resolution for Annexation into Snohomish County Fire (SCF) (15 min) 10. MAYOR'S COMMENTS 11. COUNCIL COMMENTS ADJOURN Edmonds City Council Agenda September 26, 2023 Page 2 4.1 City Council Agenda Item Meeting Date: 09/26/2023 Arbor Month Proclamation Staff Lead: Deb Powers Department: Mayor's Office Preparer: Carolyn LaFave Background/History By meeting four standards established by the National Arbor Day Foundation, cities receive Tree City USA recognition by demonstrating they have, that year: 1) Had an on -staff professional, an urban forestry division, a citizen -led tree board or any combination thereof accountable for decisions that impact community trees. 2) Adopted or administered a tree ordinance. 3) Invested at least $2 per capita towards the planning, planting, and care of trees. 4) Publicly proclaimed and celebrated Arbor Day. The City of Edmonds has maintained its Tree City USA status for 12 consecutive years. Staff Recommendation N/A Narrative Mayor Nelson will read a proclamation recognizing Arbor Month in Edmonds. Attachments: Arbor Month 2023 Packet Pg. 3 OprVIrlamati 10111 City of Edmonds •Office of the Mayor ARBOR MONTH 2O23 WHEREAS, Arbor Day is observed throughout the world, in every U.S. state and in ninety-five communities throughout Washington, inspiring people to plant, nurture and celebrate trees; and WHEREAS, trees in parks, natural areas, in yards and along streets contribute to community character, provide recreational opportunities, foster civic pride and enhance the economic vitality of business areas, making Edmonds a desirable place to live, work, play and visit; and WHEREAS, trees lessen the impacts of urbanization, contributing many environmental and human health benefits through carbon sequestration, wildlife habitat enhancement, improved air quality, by mitigating stormwater runoff and climate impacts; and WHEREAS, because fall is an ideal time to plant trees in the Pacific Northwest, the Citizens' Tree Board is distributing trees in a variety of sizes and species at the Edmonds Farmer's Market on Saturday, October 7; and WHEREAS, the Tree Board is hosting a Tree Walk Tour lead by instructor Bess Bronstein on Saturday, October 7 to highlight interesting trees within walking distance of downtown Edmonds; and WHEREAS, the Edmonds Stewards, City of Edmonds, and Sound Salmon Solutions and other volunteers plan to celebrate Arbor Month by planting hundreds of native trees and shrubs at Pine Ridge Park and Edmonds Marsh on Saturday, October 28; and WHEREAS, by reciting an official Arbor Month proclamation, public officials demonstrate their support in maintaining Edmonds' Tree City USA status; NOW, THEREFORE, I, Mike Nelson, Mayor, do hereby proclaim October, 2023 as Arbor Month in Edmonds and urge all citizens to plant, maintain, and preserve trees throughout our community as an investment in a healthy and sustainable future for all of us. MIlre Nelson, Mayor — September 26, 2023 Packet Pg. 4 4.2 City Council Agenda Item Meeting Date: 09/26/2023 Sister City Commission exchange Trip Staff Lead: Carolyn LaFave Department: Mayor's Office Preparer: Carolyn LaFave Background/History 2023 marked the 35th Anniversary of the Edmonds/Hekinan sister city relationship. A 14 member Edmonds delegation traveled to Japan in the spring and a 12 member Hekinan delegation will travel to Edmonds in the fall. Staff Recommendation Narrative The commission will provide a presentation on the spring trip and provide details on the upcoming fall trip. Packet Pg. 5 4.3 City Council Agenda Item Meeting Date: 09/26/2023 Salary Commission Letter Establishing Elected Officials' Compensation for 2024 and 2025 Staff Lead: Jessica Neill Hoyson, HR Director Department: Human Resources Preparer: Emily Wagener Background/History In 2022 the City of Edmonds Salary Commission was re-established by the Edmonds City Council pursuant to RCW 35.21.015 and codified in the Edmonds City Code Section 10.80. The Salary Commission meets biennially in odd -numbered years to review and, if needed, update salaries for all Edmonds elected officials except for the Municipal Court Judge. "Salaries" include all wages and benefits. Once the Salary Commission completes their review, they prepare a written salary schedule for review by the City Attorney. The salary schedule is then filed with the City Clerk. Once filed, the salary schedule becomes effective and is incorporated into the city budget "without further action of the city council or salary commission." The Salary Commission has completed its review of elected officials' salaries and submits the attached letter summarizing their decisions. Staff Recommendation City Council should review the Salary Commission's letter and the presentation from the Commission summarizing their process and decisions. Narrative The attached letter from Salary Commission Chair Bill Taylor presents the Commissions decisions for salary adjustments for 2024 and 2025. The letter includes a summary of the Commission's process and deliberations. Also attached are the slides being presented as part of the presentation. Attachments: SC Letter Final for 2024-2025 Council Presentation PDF Packet Pg. 6 4.3.a CITY OF EDMONDS SALARY COMMISSION Commissioner Bill Taylor, Chair Commissioner Kathy Ehrlich Commissioner Gary Holton Commissioner Brook Roberts Commissioner Angela Zhang September 26, 2023 To: Mayor Mike Nelson Council President Neil Tibbott Council Members From: Commissioner Bill Taylor, Chair ... on behalf of the Salary Commission Re: Salary Commission Determinations for 2024 and 2025_ The Salary Commission has fulfilled its responsibilities as set forth in Edmonds City Code 10.80.030. This letter summarizes our work processes and the decisions reached with respect to salaries for the Mayor, Council President, and Council Members. We express our sincere appreciation for the highly supportive staff assistance we received whenever requested. HR Director Jessica Neill Hoyson and Council Executive Assistant Beckie Peterson were always attentive and responsive when needed. Others helped us with our questions about email processes. Still others made sure we understood the public meeting and document retention requirements. Collectively they made our work go smoothly. In addition, Shannon Drohman and her team from Compensation Connections worked responsively and promptly to provide the research and data collection we requested. Explanations About How We Conducted Our Work We took our Salary Commission responsibilities seriously. The five of us worked diligently and harmoniously to reach the decisions presented in this letter. We conducted seven public meetings each about 2 hours in duration. We solicited public input through three press releases and through other outreach efforts to civic and community groups. We held two Public Hearings. We personally interviewed all seven council members and the mayor. In addition to the activities mentioned above, we also spent numerous hours individually studying and evaluating the information we had at hand in preparation for our public meetings. Packet Pg. 7 4.3.a Salary Commission Determinations September 26, 2023 Page 2 of 6 With the aid of our consultant, Compensation Connections, we evaluated Western Washington cities to narrow down our data collection efforts. Seeking comparability to Edmonds, our criteria for selection were: • A mayor -council form of government. • Within plus or minus 50% the size of Edmonds for population and assessed valuation. For example, using round numbers, with Edmonds' population at about 40,000 we looked for cities in the 20,000 to 60,000 range. Likewise, for assessed valuation. That analysis yielded 16 comparable cities. From those cities our consultant then collected data regarding: • Current salary paid to their mayor, including all related benefits and perquisites. • Current salaries paid to their city council members, including all related benefits and perquisites. • Salary or benefit differentials for the council president. • Time requirements for their council members. We also considered other boards or councils providing guidance and oversight for other civic and community organizations. Beckie Peterson provided us with some very useful information she gathered from a council member survey. From the report she produced we had a clear picture of council member estimates of their time requirements for 17 different categories of responsibility, both "required" and "voluntary". From that report we learned that typical time requirements for our seven council members are approximately 115 hours per month; 26.5 hours per week. With this data in hand, and a list of prepared questions, our commission members interviewed all seven council members and the mayor. We discussed time requirements, DEI (Diversity, Equity, and Inclusion) concerns, and any other matters those individuals wished to bring to our attention. Each interview was conducted with two commissioners present and typically lasted at least 30 minutes. We listened, we heard, and we learned. Shortly after the interviews, in one of our public commission meetings, we shared among the five of us what we heard and what we learned from each of the eight interviews. As a side note, we were aware that there are no job descriptions for council members. This was also mentioned by the previous salary commission when they expanded upon the value of such documentation, with reference to the job descriptions in effect with our neighboring city, Lynnwood. We, too, see the merit in having clear, concise job descriptions for city council members. Packet Pg. 8 4.3.a Salary Commission Determinations September 26, 2023 Page 3 of 6 Using Seattle -area all -item CPI-U data, we examined inflation since the last salary decisions were made. We also looked at the cost -of -living increases provided to non -represented City employees during that same time period. We gave careful consideration to DEI matters, especially with respect to how our salary decisions might have meaningful impact. Ensuring that all citizens of Edmonds are represented fairly, and have equitable opportunities to participate in the governance of our city is, without question, an important concern. Service on the city council is a part-time, albeit demanding job. Historically these positions have been filled by qualified citizens, willing to endure the rigors of the election process so they could serve in the best interests of our city and its citizens. Modest salaries have traditionally been provided to reward such dedicated service. As we explored this matter of DEI in some depth, we came to realize that the Mayor and City Council Members have vastly more influence on DEI than could the Salary Commission. Essentially, creating and maintaining an environment of DEI for all citizens of Edmonds is their responsibility, not that of the Salary Commission. However, it is also apparent to the Salary Commission that opportunities for public service are somewhat limited to those individuals with enough discretionary time and income to enable them to meet the demands of elected office. An argument could be made that such opportunities could be expanded to a larger population base if the salaries for council service were expanded to reflect market -based compensation. To do so would require a sharp departure from the traditional "modest compensation recognizing public service" model. That change would have a substantial impact on the city's budget with no clear guarantee that it would actually impact DEI. Accordingly, we believe that other measures within the purview of the City Council and the Mayor should be directed towards the DEI concerns before addressing the matter with very large salary increases for City Council Members. Decisions Now, in this context of how we approached our important responsibility, here are the decisions we reached, along with our reasoning for those decisions. Packet Pg. 9 4.3.a Salary Commission Determinations September 26, 2023 Page 4 of 6 For Mayor Salary The salary for the office of Mayor for 2024 and 2025 shall be as follows: • Effective January 1, 2024 the annual salary for the mayor shall be $156,123. • The benefit package for the mayor shall remain unchanged from the current level. • Effective January 1, 2025 the salary for the mayor shall be increased by the same percentage used to adjust salaries for all other City of Edmonds non -represented positions. Our Reasoning: We carefully examined the mayor salaries paid by the 16 comparable jurisdictions from which we had data. (See Attachment A) After eliminating data from four of those jurisdictions with only part-time mayors, we calculated the average and median for the remaining 12. The average annual salary was $141,400; the median was $130,464. Our mayor is currently paid $136,211, with that rate having become effective January 1, 2021. It has remained unchanged since then. Taking into account the amounts paid by similar jurisdictions, along with the salary adjustments provided for all other non -represented employees (as shown on Attachment A), we decided upon an annual salary of $156,123, a reasonable amount in comparison to other local cities. For Council Member Salary The salary for the position of council member shall be adjusted as follows: • Effective January 1, 2024 the salary for each council member shall be $20,462 per year. • The benefit package for council persons shall remain unchanged from the current level. • The additional stipend for the role of Council President shall be set at 20% of the annual salary for council members. Beginning January 1, 2024 that amount will be $341 per month. • Effective January 1, 2025 the salary for each council person shall be increased by the same percentage used to adjust salaries for all other City of Edmonds non -represented positions. • In addition to the above, the City shall establish a "Low -Income Supplement" in the amount of $500 per month. This supplement will be available to any duly elected council member who can demonstrate with two years of properly filed tax returns that their income is less than 80% of the reported median income for Snohomish County. Our Reasoning: We carefully examined council member salaries paid by the 16 comparable jurisdictions for which we had data. (See Attachment 8) One city was a clear outlier in that they pay their city council members at a rate 2.7 times greater than the next highest city. In the Packet Pg. 10 4.3.a Salary Commission Determinations September 26, 2023 Page 5 of 6 interests of not unnecessarily inflating the comparative data, we eliminated that city from our data base, leaving 15 cities for comparison. The average annual salary for those 15 cities was $14,602; the median was $14,400. Our council members are currently paid $17,000, with that rate having become effective January 1, 2021. It has remained unchanged since then. In general, we found the benefits and perquisites provided to the council members to be comparable (with city -by -city variations of course) and in accordance with common municipal pay practices. We did note that Edmonds council members have the option to participate in the Association of Washington Cities health insurance program. Should they decline that coverage, they are entitled to an "in -lieu -of" payment of $912.30 per month, adjusted from time -to -time to reflect current insurance rates. Some current council members accept that insurance coverage. Some opt for the "in -lieu of" payment. We realize there is a strong motive of community service in play with most, if not all, of our present and future city council members. We acknowledge and honor that spirit. We also feel strongly that some level of respectful compensation should be provided to reward that commitment to service. To the extent that salaries do, in fact, help attract the most qualified candidates for our city we wanted to be sure Edmonds is in the most favorable position. We are mindful that much of the time our council members spend on their official duties is "required" time preparing for and attending various meetings. Inevitably, however, there is also additional time spent on activities that council members feel a responsibility to include as part of their commitment to being accessible and responsible to our citizenry. Taking all this into account, along with the survey of time requirements and our interviews with each council member (and the mayor), we decided to work from an average of 25 hours per week. We considered three approaches to determining our salary decision: • Comparisons to other cities (included in Attachment B). • Calculations based on the pattern of increases provided to non -represented employees (included in Attachment B). • A minimum wage analysis based on 25 hours per week. (25 hours at $15.74 per hour equates to $393.50 per week. That comes to $20,462 per year.) A salary amount based upon comparisons to other cities, and also a salary amount based upon the pattern of increases to non -represented employees would still result in council member salaries less than the State minimum wage. Thus, out of respect for this important service to our community, we decided upon a salary of $20,462, which is a 20% increase above the current level. Packet Pg. 11 4.3.a Salary Commission Determinations September 26, 2023 Page 6 of 6 The Low -Income Supplement was included as the one clear step the Commission could take to address the perceived economic barrier that might prevent a broader cross-section of our city residents from running for office. That supplement, coupled with the option to decline city provided health insurance and receive an "in lieu of" payment could meaningfully address the DEI concern mentioned earlier in this letter. Under those circumstances a "low-income" council member could earn the basic salary of $20,462 plus the low-income supplement of $6,000 plus the insurance "in -lieu -of" payment of $11,056. This would result in an annual total compensation of $37,518. Budget Impact The changes recommended above, with the exception of the low-income supplement, with a estimated 4% non -represented salary adjustment for 2025, would impact the city's budget as follows: 2024 2025 Increase Increase Mayor salary 19,912 20,708 Council salaries 24,234 25,203 President Stipend 492 512 Total 44.638 46.4 2) 3 We reviewed this potential budget impact with the City Administrative Services Director and were assured that such amounts could be readily accommodated in the City's budget. We are pleased to have been of service to our community, and submit this report unanimously. Commissioner Bill Taylor, Chair Commissioner Kathy Ehrlich Commissioner Gary Holton Commissioner Brook Roberts Commissioner Angela Zhang Packet Pg. 12 Attachmen Edmonds Salary Commission September 26, 2023 SUMMARY OF MAYOR SALARY DATA ASSESSED PER CITY SALARY POPULATION VALUATION CAPITA Oak Harbor 60,192 24,780 2,526,249,219 101,947 Arlington 98,964 21,740 3,669,529,566 168,792 Bremerton 114,000 44,640 5,034,577,765 112,782 Lake Stevens 118,689 41,260 6,070,151,750 147,120 Issaquah 123,691 41,290 13,697,120,487 331,730 Lynnwood 129,234 40,790 8,481,263,134 207,925 Tukwila 131,694 22,780 7,986,365,586 350,587 Mount Vernon 166,207 35,590 4,634,225,374 130,211 Marysville 172,512 73,780 10,902,282,244 147,767 Federal Way 179,S70 102,000 14,210,298,330 139,317 Auburn 180,851 88,280 14,375,388,296 162,839 Bellingham 221,196 95,960 16,724,290,897 174,284 Total 1,696,800 632,890 108,311,742,648 2,175,300 Average 141,400 52,741 9,025,978,554 181,275 Median 130,464 41,275 8,233,814,360 199,485 Edmonds 136,211 43,370 12,578,962,335 290,038 I,PLI�si CPI-U* City Non -Rep History Ee Sal. Adj. Salary on 1/1/21 136,211 136,211 Increase for 2021 4.6% 4.0°% Salary on 1/1/22 142,477 141,659 Increase for 2022 9.0% 3.0% Salary on 1/1/23 155,300 145,909 Increase for 2023 4.0% 7.0°% Salary on 1/1/24 161,512 156,123 * CPI-U is for Seattle Area All items 2023 Increase is estimated Salary Data Source: Compensation Connections August 2023 Packet Pg. 13 Attachmen CITY Edmonds Salary Commission September 26, 2023 SUMMARY OF CITY COUNCIL SALARY DATA -- Excluding Bellingham ASSESSED PER SALARY POPULATION VALUATION CAPITA Mukilteo 6,000 21,590 6,009,246,123 278,335 Oak Harbor 9,024 24,780 2,526,249,219 101,947 Bonney Lake 10,200 23,250 4,111,070,430 176,820 Tumwater 10,500 27,100 4,649,454,436 171,567 Lynnwood 10,800 40,790 8,481,263,134 207,925 Lake Stevens 11,244 41,260 6,070,151,750 147,120 Camas 12,540 27,420 5,944,128,239 216,781 Mount Vernon 14,400 35,590 4,634,225,374 130,211 Tukwila 15,000 22,780 7,986,365,586 350,587 Federal Way 17,621 102,000 14,210,298,330 139,317 Bremerton 18,421 44,640 5,034,577,765 112,782 Marysville 18,576 73,780 10,902,282,244 147,767 Auburn 18,662 88,280 14,375,388,296 162,839 Issaquah 20,400 41,290 13,697,120,487 331,730 Arlington 25,647 21,740 3,669,529,566 168,792 Total 219,035 636,290 112,301,350,979 2,844,518 Average 14,602 42,419 Median 14,400 35,590 Edmonds 17,000 43,370 ANALYSIS CPI-U* City Non -Rep History Ee Sal. Adj. Salary on 1/1/21 17,000 17,000 Increase for 2021 4.6% 4.0% Salary on 1/1/22 17,782 17,680 Increase for 2022 9.0% 3.0% Salary on 1/1/23 19,382 18,210 Increase for 2023 4.0% 7.0% Salary on 1/1/24 20,158 19,485 * CPI-U is for Seattle Area All items 2023 Increase is estimated 7,486,756,732 6, 009, 246,123 12,578,962,335 189,635 168,846 Salary Data Source: Compensation Connections August -September 2023 Packet Pg. 14 3 4.3.b Salary Commission Report Bill Taylor, Chair Kathy Ehrlich Gary Holton Brook Roberts Angela Zhang September 26, 2023 1 Acknowledgements ► City FIR Staff ► City Council Staff ► Mayor and Council members ► Other City Personnel ► Compensation Connections (our consulting team) ► Fellow Commissioners 2 Packet Pg. 15 1 3 4.3.b Our Process as a Commission, ► Five independently minded citizens ► Coming together for a common purpose ► Exchanging ideas ► Exploring alternatives ► Reaching decisions ► Eventually speaking with one voice 3 Our Work as a Commission ► Conducted seven open meetings ► Identified 16 Western WA cities for comparison ► Mayor - Council form of government ► Edmonds +/- 50% ► Gathered data re pay and benefits from those cities ► Analyzed data re Edmonds council time requirements ► Interviewed the mayor and all seven council members ► Sought public input ► Three press releases ► Outreach to other civic groups ► Conducted two public hearings 4 11F. LL 0 a i _ 0 w w _ a 0 U E w a Packet Pg. 16 2 3 4.3.b 5 [I I Our Work as a Commission ,, ► Examined current salary levels for mayor and council ► Compared Edmonds salaries to comparable cities ► Calculated inflationary trends ► Researched Edmonds NR pay increase trends ► Considered WA State minimum wage requirements ► Thought deeply about DEI considerations ► Considered impact on the City's budget ► Reached our decisions The Mayor ► Our Decision: ► Effective January 1, 2024: $156,126 (a 14.6% increase) ► Effective January 1, 2025: Increase same % as City NR Ees ► Our Rationale: ► Comparisons to average and median salaries for comparable cities ► Edmonds salary was static for three years ► City NR employee increase percentages i w a Packet Pg. 17 3 3 4.3.b Council Members ► Our Decision: ► Effective January 1, 2024: $20,462 (a 20% increase) ► Effective January 1, 2025: Increase same % as City NR Ees ► Council President: Additional 20% ($341 per month) ► Low income supplement: $6,000 per year ► Our Rationale: ► Comparisons to average and median salaries for comparable cities ► Edmonds salaries were static for three years ► City NR employee increase percentages ► Impact we might have on DEI considerations ► WA State minimum wage requirements ► "Market pay" vs. "community service" considerations 6 Respectfully Submitted Our full report and supporting data is publicly available Bill Taylor, Chair Kathy Ehrlich Gary Holton Brook Roberts Angela Zhang September 26, 2023 0 f Packet Pg. 18 4 7.1 City Council Agenda Item Meeting Date: 09/26/2023 Update on Critical Aquifer Recharge Area Code Amendment Staff Lead: Mike Clugston Department: Planning Division Preparer: Michael Clugston Background/History Critical aquifer recharge areas (CARAs) are established to protect groundwater and public drinking supplies from potential contamination and to ensure adequate groundwater availability. They are treated as critical areas under the Growth Management Act (GMA) and defined in Chapter 23.60 ECDC, which was last updated in 2016 and states: Critical aquifer recharge areas (CARAs) are those areas with a critical recharging effect on aquifers used for potable water as defined by WAC 365-190-030(2). CARAs have prevailing geologic conditions associated with infiltration rates that create a high potential for contamination of ground water resources or contribute significantly to the replenishment of ground water. CARAs are protected as critical areas under the Washington State Growth Management Act. However, no areas meeting criteria for CARAs exist in the vicinity of the city of Edmonds. Thus, additional specific provisions for protection of this critical area type are not provided within this title. [Ord. 4026 § 1 (Att. A), 2016, Ord. 3527 § 2, 2004]. [Emphasis added] In 2022, Edmonds became aware of the presence of CARAs within the City's jurisdiction when the Olympic View Water and Sewer District (OVWSD) appealed the City's SEPA Determination of Nonsignificance (DNS) for a stormwater code update. While OVWSD's appeal was denied by the hearing examiner, staff committed to updating the ECDC to reflect the presence of possible CARAs within city boundaries. Olympic View provided mapping of their wellhead protection areas and buffer to the City, which were added to the City's geographic information system (GIS). The code update in file AMD2023- 0004 is a follow-up to that work and will establish regulations for CARAs in Edmonds consistent with the GMA in RCW 36.70A.020 and RCW 36.70.330. There are two locations in Edmonds that will be considered critical aquifer recharge areas. Both are locations where Olympic View has drinking water supplies and surrounding wellhead protection areas: Deer Creek Springs and the 228th Street wellfield. Deer Creek Springs is in the Town of Woodway and has operated for decades but much of the protection area and buffer around the springs that will comprise the CARA are in Edmonds. Land uses in this CARA are low intensity, primarily single-family residential uses. The 228th Street wellfield has recently come online and is in Esperance. Much of the wellhead protection area around this wellfield is also in Esperance (under Snohomish County's jurisdiction) but some of the area and buffer is in Edmonds. The CARA code will apply to both areas to continue to protect groundwater and ensure continued access to clean drinking water for Olympic View Packet Pg. 19 7.1 customers. Staff Recommendation There is no recommendation since this is only a project update report. Narrative Staff from the City and OVSWD have been working closely on the draft code and will continue to do so until the amendment is completed. Process to date Amendments to Chapter 23.60 ECDC are a Type V legislative decision, which requires the Planning Board to hold a public hearing before making a recommendation to the City Council. A public hearing will also be held by City Council prior to adoption of the code amendment by city ordinance. The CARA code amendment was introduced to the Planning Board on May 24, 2023 and a work session was held on July 12 to discuss the draft code. Planning Board members asked questions and proposed several amendments on July 12, and directed staff to bring the amendment back for a public hearing on July 26. On July 26, 2023, the Planning Board opened a public hearing to consider amendments to Chapter 23.60 ECDC. After a brief staff presentation and public testimony, the Planning Board closed the public comment portion of the hearing and began deliberating on the draft code. The Planning Board subsequently approved a motion to continue the public hearing to a date certain of August 23, 2023 and again to September 13, 2023, to allow time for City and OVSWD staff to refine the draft code. Based on a meeting between City and OVWWD staff on September 6, it became apparent that while progress had been made on several issues related to stormwater management within the CARAs, there were still technical details to be resolved before returning to the Planning Board. As a result, the Planning Board closed the initial public hearing on September 13 to allow additional time to resolve the outstanding issues. Next Steps A work session with the Planning Board is tentatively scheduled for October 25, 2023 to discuss the revisions the City and Olympic View are working on. A public hearing by the Planning Board on the updated draft code is tentatively scheduled for November 29, 2023. It is anticipated that the Board will forward on a recommendation to City Council at that November meeting. Packet Pg. 20 7.2 City Council Agenda Item Meeting Date: 09/26/2023 Outside Boards and Committee Reports Staff Lead: Council Department: City Council Preparer: Beckie Peterson Background/History Outside Boards and Committee Reports will be submitted to the Received for Filing portion of the agenda for last meeting of the month. Staff Recommendation N/A Narrative The Council is asked to review the attached committee reports/minutes from the following organizations: Edmonds Chamber of Commerce Snohomish County 911 Edmonds Public Facilities District Snohomish County Tomorrow Steering Committee Port of Edmonds Attachments: Chamber Report (SEP 2023) -- City Council (1) SNO911-Board-Agenda-20230921 pfd-board-special-meeting-minutes-08-09-2023 _SCT Steering committee 07262023-2119 Port Of Edmonds _ Comm Meeting and Staff Retreat 7-31-23 Packet Pg. 21 7.2.a Edmonds Chamber Report (AUG/SEP 2023) Dear Edmonds City Councilmembers, Below is an update on our last couple months at the Chamber. We remain very appreciative for the city's support in our events, and our ongoing partnership with city staff and Edmonds Police Department. If you have any questions, please feel free to reach out directly. Thank you, Ryan Crowther President & CEO Edmonds Chamber of Commerce ryanPedmondschamber.com 1206.679.0848 Member Recruitment and Retention: - 7o new Chamber members since January 1, 2023 Over 430 members strong! 2024 will bring renewed focus on retention Chamber Events: Past: - Taste Edmonds - Hit revenue goals with strong sponsorship and grant support - Great press for the city, the event and the Chamber - Newfound appreciation for making the food, music and experience more about Edmonds and helping make those local connections Packet Pg. 22 7.2.a - Big steps forward: Better Food options and things to do for everyone (Putt -putt, Axe throwing, kids activities, etc) - Learning lessons: Some music booking lessons, earlier start times for Sat/Sun, make the Maker's Market on Sat/Sun only. - Overall, the Chamber is very proud of the growth and changes in this year's event - Note: We received many of the same noise complaints that likely went to City Councilmembers, staff and EPD. I (Ryan) did knock on every single neighbor door the week before the event to give my contact information and free tickets to each neighbor, and make sure they knew if they had issues to reach out. I had several great interactions with neighbors, including a few with cordial and rational complaints and feedback, much of which we dealt with in the moment (including sound). We also used an app that EPD had to measure our decibel level at the event, and found that we were within our decibels for noise code. EPD also explained that as a permitted event, we are exempt from the noise code for the average resident. - Edmonds Classic Car Show - Record 400+ cars registered (new e-mail list, marketing, etc) - Beautiful Day! Turnout was strong. (iok-ilk estimated attendance) - New demographic seemed to attend and enjoy the show Upcoming events: - Halloween (no big updates here) - Morning Buzz (50+ average attendance) - Connect Edmonds planning for October/Advisory Committee - NC Concepts ribbon cutting, Virtue Cellars opening, Joint Chamber After Hours at Home Street Bank - Treelighting will be given a facelift and will face some changes that we think will create a much better visitor/resident experience. More on that very soon. Packet Pg. 23 7.2.a A M N O N a w t O a m L E U c d E t 0 Q Packet Pg. 24 7.2.b SNOHOMISH COUNTY SNOHOMISH COUNTY 911 BOARD OF DIRECTORS 911 BOARD MEETING AGENDA s = September 21, 2023 at 8:30 a.m. Web Conference — Join Zoom Meeting https://us02web.zoom.us/j/86000466014?pwd=YWxBbE9HMIJuT2ZXMmtYVU8rSnBkUT09 Meeting ID: 860 0046 6014, Passcode: 195881 or dial +1 253 215 8782 Physical location: 1121 SE Everett Mall Way, Everett Police Department, South Precinct Please note that most Board members and staff attend the meeting remotely. However, pursuant to RCW 42.30, a physical location is also provided. 1. Call to Order A. Roll Call B. Interim Chair Appointment C. Announcements 2. Public Comments 3. Approval of Agenda 4. Consent Agenda A. Minutes from the August 17, 2023 Regular Board Meeting B. August 2023 Blanket Voucher & Payroll Approval Form: i. Checks 1017 - 1018, and 17767 - 17892, for a total of $1,844,792.16 ii. Payroll Direct Deposit, in the amount of $1,214,350.16 5. Employee Milestone Recognition 6. Executive Session 7. Old Business A. APF — SCEA CBA 8. Director's Report Nurse Triage System Executive Summary 9. New Business A. Future Facility — Phase 1 B i. APF - Phase 1 B Lydig Contract ii. APF - Future Facility Switchgear and Generator B. APF -Asset Surplus C. APF - Fleet Expansion Requests D. APF - Fund 120 Close Out a Packet Pg. 25 7.2.b E. APF - Gold Hill Generator F. APF - Radio Site Variable Load Bank G. APF - RRP Sobieski Radio Site Relocation H. APF - Revisions to Attendance and Paid Time Off Policies to align with WASL I. APF - Procurement Policy Update J. APF - Electronic Funds Transfer (EFT) Finance Policy 10. Reports A. Agency Report B. Future Facility Project Update C. Radio Replacement Project (RRP) D. Police TAC E. Fire TAC 11. Committee Reports A. Finance Committee Second Quarter Financial Report B. Personnel Committee Employee Survey Update C. Future Facility Committee (No September meeting) D. County EESCS Committee (Formerly County E911 Office) E. County ECSF Program Advisory Board 12. Good of the Order 13. Adjourn - The next meeting is scheduled for October 19, 2023 Packet Pg. 26 7.2.c Edmonds Public Facilities District Board of Directors Special Meeting August 9, 2023 The Edmonds Public Facilities District Board hybrid meeting convened at 8:02 a.m. in the Edmonds Center for the Arts Green Room, 410 4th Avenue North, Edmonds, and via Zoom. EPFD Board Members Present ECA Staff Present Ray Liaw, President Joseph Mclalwain, Executive Director Bill Willcock Vice President Lori Meagher, Associate Executive Director Suzy Maloney Sandra Nestorovic, Operations Manager David Brewster Wayne Grotheer Guests Will Chen, City Council Liaison Call to Order Board President Liaw called the meeting to order. 2. Land Acknowledqement & Equity Statement Board Member Brewster read the Land Acknowledgement Statement and Equity Statement 3. Executive Session • To evaluate the qualifications of an applicant for public employment per RCW 42.30.110(1)(g) At 8:05 a.m., Board President Liaw recessed the EPFD Board to an approximately 45 minute executive session to evaluate the qualifications of an applicant for public employment per RCW 42.30.110(1)(g). The executive session concluded at 8:45 a.m. The meeting was reconvened at 8:45 a.m. 4. PFD Board Business • Executive Director Recommendation Board President Liaw relayed the leadership transition team's recommendation to extend an offer of employment to the recommended candidate. BOARD MEMBER MALONEY MOVED TO ENTERTAIN THE RECOMMENDATION OF THE LEADERSHIP TRANSITION TEAM TO EXTEND AN OFFER OF EMPLOYMENT TO THE RECOMMENDED CANDIDATE. BOARD MEMBER BREWSTER SECONDED THE MOTION. Board President Liaw commented the LTT work has been rewarding. She thanked all the members for dedicating an incredible amount of time, each bringing wisdom and heart to the process. They are committed to continue working to ensure the success of the recommended candidate. MOTION CARRIED UNANIMOUSLY. Edmonds Public Facilities District Board Draft Minutes August 9, 2023 Page 1 Packet Pg. 27 7.2.c Board President Liaw advised Board Members Brewster and Maloney will negotiate a contract with the recommended candidate. Ms. Meagher will be the AED in the interim between Mr. Mclalwain's last day and the new ED's start date. 5. Finance and Operations Update Finance Update o Mid -Year Budget vs Actuals Update Ms. Meagher mid -year budget versus actuals were reviewed with the Admin & Finance Committee yesterday. She reviewed the income statement, balance sheet, and cash flow. Questions and discussion followed regarding contributions and operating grants as an area of concern, delays in hiring development staff, meeting 2023 contributed revenue goals, 2023 GALA revenue goal, grants the contracted grant writer has written, and debt service payments. o Approval of Budget Adjustment Ms. Meagher recommended budget adjustments related to payroll and benefits, maintenance and contract services. She offered to provide detailed information and any other adjustments at the August EPFD Board meeting. Questions and discussion followed regarding ED contract negotiations, adjustment to Ms. Meagher's salary while serving as AED, and developing a consulting contract with Mr. Mclalwain. • Facilities o Approval of Agreement for Professional Services by Mithun Ms. Meagher relayed the EPFD attorney has reviewed and recommended the professional services agreement. She and Operations Manager Sandra Nestorovic responded to board questions regarding the total amount requested and the amounts allocated to Mithun and to owner's expenses, design services and construction contingencies, timing of the assessment, budgeting as a result of the assessment, exploring whether to pursue a partnership with the Boys & Girls Club, systems excluded from the assessment, state requirements related to building energy efficiency, subconsultant contracts the EPFD will be responsible for, markup in the contract for subconsultants, inclusion of the separate consultants contracted by owner in the total budgeted cost, and contingencies included in the total budgeted cost. BOARD MEMBER GROTHEER MOVED TO APPROVE A $38,000 CAPITAL BUDGET EXPENSE ADJUSTMENT TO ACCOMMODATE THE MITHUN PROFESSIONAL SERVICES AGREEMENT. BOARD MEMBER MALONEY SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. BOARD MEMBER BREWSTER MOVED TO APPROVE SIGNING OF AN AGREEMENT WITH MITHUN TO COMMENCE WORK ON THE BUILDING ENVELOPE ASSESSMENT. BOARD MEMBER MALONEY SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 6. Adjourn The meeting was adjourned at 9:38 a.m. Next EPFD Board Meeting: Thursday, August 24, 2023 - 7:30 AM ACTION ITEMS: 1. August 24 EPFD Meeting Agenda a. Approval of 2023 budget adjustments Edmonds Public Facilities District Board Draft Minutes August 9, 2023 Page 2 Packet Pg. 28 Stanwood Darrington I 7.2.d I Snohomish County Tomorrow A GROWTH MANAGEMENT ADVISORY COUNCIL 1 2 3 STEERING COMMITTEE MEETING Wednesday, July 26, 2023 Via Zoom 6:00 p.m. MEETING MINUTES Particiaatina Jurisdictions/Members Tulalip Arlington Tribes Granite Falls Marysville Everett Lake Stevens Mukilteo Mill Creek Lynnwood Snohomish Edmonds Mountlake Monroe Terrace Sultan Gold Index Noodwav Brier Bothell Bar City of Arlington Mayor Barbara Tolbert City of Bothell Councilmember Ben Mahnke City of Darrin ton Mayor Dan Rankin City of Edmonds Councilmember Vivian Olson City of Gold Bar Councilmember Chuck Lie City of Granite Falls Councilmember Matt Hartman City of Lynnwood Councilmember Patrick Decker City of Marysville Councilmember Peter Cond les City of Mountlake Terrace Mayor Pro Tern Bryan Wahl City of Mukilteo Councilmember Louis Harris Snohomish County Council Councilmember Jared Mead Snohomish County Executive Josh Dugan Community Representative Mike Appleby Community Representative Linda Hoult Community Representative Allan Giffen CAB Representative Kate Nesse Other Attendees/Presenters: Perteet Inc. Peter Battuello SCT Manager Ann Larson Puget Sound Regional Council Ben Bakkenta Housing Authority of Snohomish Count Duane Leonard Economic Alliance of Snohomish Count Garry Clark Economic Alliance of Snohomish Count Rashma Agarwal Call to Order: The meeting was called to order at 6:00pm by Vice -Chair Barbara Tolbert. Introductions/Roll Call Roll call was taken (as listed above). Citizen Comments No comments. Packet Pg. 29 7.2.d 4. Approval of Meeting Minutes (6-21-23) Bryan Wahl moved to approve the minutes as corrected. Josh Dugan seconded, and the motion passed unanimously. 5. Update Items a. Summary of PSRC Board Actions and Activities Ben invited members to join PSRC's Aug 221d training session on a racial equity tool for comprehensive plans. He also shared the invite for the annual hybrid transit event September 20tn b. Economic Alliance Snohomish County Update from Garry Clark, President, and Chief Executive Officer. EASC attended the Paris Airshow with close to 20 meetings. EASC is also hosting discussion about developing a BIPOC Chamber of Commerce, which are meeting virtually. Garry also spoke about a comprehensive economic development strategy (CEDS) for Snohomish County, which EASC is interested in exploring. c. HASCO presentation, Duane Leonard, Executive Director Duane provided an overview of the housing authoring and its role as public agency, created by federal legislation (U.S. Housing Act of 1937). He also provided an update on why interlocal agreements with cities are needed for HASCO's work. HASCO administers local rental assistance program, like section 8. They own almost 2,600 units. Duane provided an overview of some of HASCO's recent projects. 6. Action Items a. Agenda Bill: Final 2024 SCT Dues assessment, Julie Mass, PDS Division Manager. Josh Dugan made a motion to approve the final allocation of the 2024 dues based on OFM's final population figures as of the June 30, 2023 figures, as shown in the attached exhibit. Patrick Decker seconded, and the motion passed unanimously. 7. Briefings, Discussion Items a. SCT Manager's Report SCT Manager Ann Larson shared the June SCT Committees Report. 8. Next Meeting Date August 23, 2023; 6:00 pm - 8:00 pm. 10. Adjournment The meeting was adjourned at 7:09pm by Vice -Chair Barbara Tolbert. All presentations given, discussions held, and actions taken at this meeting are kept on file (via recording) in PDS until six years from December 315t of this year. Packet Pg. 30 7.2.e PORT COMMISSION OF THE PORT OF EDMONDS MINUTES OF SPECIAL COMMISSION MEETING AND STAFF RETREAT (Via Zoom, Hybrid Meeting) July 31, 2023 COMMISSIONERS PRESENT Steve Johnston, President Jim Orvis, Vice President Jay Grant, Secretary Janelle Cass David Preston STAFF PRESENT Angela Harris, Executive Director Brandon Baker, Director of Marina Operations Brian Menard, Director of Facilities & Maintenance Tina Drennan, Manager of Finance and Accounting Brittany Williams, Manager of Properties and Economic Development Karin Michaud, Office Manager Conner Laursen, Moorage & Office Supervisor Glenn Merryman, Security Supervisor Renae Ebel, Administrative Assistant OTHERS PRESENT Jordan Stephens, Port Attorney Dave Teitzel, Edmonds City Council Selena Killin, Prospective Port Commissioner Darrol Haug, Edmonds Resident Roger Pence, Edmonds City Council Candidate CALL TO ORDER President Johnston called the meeting to order at 9:00 a.m. EXECUTIVE SESSION Commissioner Johnston announced that the Commission would move into Executive Session for the following reasons: Packet Pg. 31 • Pursuant to RCW 42.30.110(1)(c) to consider the minimum price at which real estate will be offered for sale or lease, as public knowledge would cause a likelihood of decreased price, and • Pursuant to RCW 42.30.10(1)(i) to discuss with legal counsel representing the agency matters relating to litigation or legal risks of a proposed action or current practice that the agency is identified, as public discussion of the litigation or legal risks is likely to result in an adverse legal or financial consequence to the agency. Commissioner Johnston further announced that the Executive Session would start at 9:01 a.m. and last 120 minutes. It would conclude at 11:00 a.m., at which time the Commission would return to the regular Commission meeting with no related announcements or actions taken. The Executive Session concluded at 11:00 a.m., and the Commission took a 10-minute recess. The regular meeting resumed at 11:10 a.m. FLAG SALUTE All those in attendance participated in the Pledge of Allegiance to the American Flag. APPROVAL OF AGENDA COMMISSIONER ORVIS MOVED TO APPROVE THE AGENDAAS PRESENTED. COMMISSIONER GRANT SECONDED THE MOTION, WHICH CARRIED UNANIMOUSLY. APPROVAL OF CONSENT AGENDA COMMISSIONER PRESTON MOVED THAT THE CONSENT AGENDA BE APPROVED TO INCLUDE THE FOLLOWING ITEMS: A. APPROVAL OF JUNE 26, 2023 MEETING MINUTES, AS SUBMITTED C. APPROVAL OF PAYMENTS IN THE AMOUNT OF $2,614,464.58 COMMISSIONER ORVIS SECONDED THE MOTION, WHICH CARRIED UNANIMOUSLY. PUBLIC COMMENTS Darroll Haug, Edmonds Resident, said that the City of Edmonds is facing several problems that could impact the Port, including the crossing project, wastewater treatment, stormwater treatment, housing and Unocal ownership and use. He reviewed that the original cost of the crossing project was estimated to be $30 million, and the Port pledged $1.5 million. If the Commission were to take Packet Pg. 32 position in the future based on least impact to the Port, he suggested they consider working with Burlington Northern Santa Fe (BNSF) to do an at -grade emergency crossing south of the dog park as part of its two -track system installation. This would be a low-cost solution, and having three crossings would lower the risk of all three being blocked at the same time. Mr. Haug urged the Commission to increase the tax levy for 2024. There are a number of outreach programs the Port could do to benefit the community and the Port District residents. For example, the Port could work with the Edmonds School District, to fund bike racks at all of the schools. Charles Malmgren, Tenant, urged the Commissioners to exercise restraint during the 2024 budget process. Last year's rent increases far exceeded the Port's costs and pushed the Port's annual net income to over $3 million. On an annual revenue of about $12 million, this is either impressive or excessive, depending on your point of view. Since none of the elected Commissioners are boaters, a lack of empathy is expected, but it is in no one's interest to go overboard on raising rents again this year. He pointed out that fishing and easy access to central Puget Sound are primary draws for the Port of Edmonds Marina. Making rents and fees prohibitively expensive can be done short-term, but long-term, will hit the bottom line. BREAKWATER ENGINEERING CONTRACT AWARD Executive Director Harris reviewed that the breakwater in mid marina has been in disrepair and needs attention to preserve and repair. The Commission was briefed previously and given three options to pursue. The Commission approved $150,000 to move forward with engineering work for Option 3, which included replacing the damaged lagging and minor steel repair, replacing timbers, and adding a steel strongback channel near the top of the vertical piles to replace the existing cap. The life expectancy of this option is 8 to 15 years, but it will require contractor bids and a Joint Aquatic Resources Permit Application (JARPA). Mitigation will likely be required, as well. To begin the process formally, staff published an information packet on the project with a Request for Qualifications (RFQ) in The Everett Herald and the Office of Minority and Women's Businesses Enterprises Website (OMWBE) on June 23rd. They also contacted engineering firms listed on the Municipal Research and Services Center (MRSC) engineering roster. Only one response was received. She recommended the Commission authorize her to enter into a contract with CG Engineering in the amount of $87,920 plus tax. COMMISSIONER GRANT MOVED THAT THE COMMISSION AUTHORIZE THE EXECUTIVE DIRECTOR TO ENTER INTO A CONTRACT WITH CG ENGINEERING IN THE AMOUNT OF $87,920 PLUS TAX FOR THE BREAKWATER STRUCTURAL AND ENVIRONMENTAL ENGINEERING PLANS AND SPECIFICATIONS (CONTRACT 2023-456). COMMISSIONER ORVIS SECONDED THE MOTION. Packet Pg. 33 io ciarITy Tor uommissioner Freston, CxecuTor uirector tiarris Sala Lne z tot,vzu wouia De Tor Lne 7.2.e engineering contract only. Commissioner Grant asked about the total cost of the project. Mr. Menard responded that they don't yet have an engineer's estimate, but he anticipates it will cost at least $500,000 to add the steel strongback channel to the breakwater. THE MOTION CARRIED UNANIMOUSLY. Commissioner Grant recognized that this project is necessary, but he is concerned that the project was a surprise rather than anticipated. He observed that other port authorities he has worked with look at their structural challenges years in advance and plan funding accordingly. Commissioner Orvis recalled that one reason the Port's moorage rates were set so much higher was in anticipation of a deteriorating marina. However, they didn't anticipate failure of the breakwater. Commissioner Grant reviewed that the current CPI+1% formula for rate increases is not just based on operational needs, but includes putting money away to fund future capital projects. Somehow, they need to do a better job of helping the tenants and others understand this. Commissioner Johnston pointed out that the fixed components of the marina are well over 50 years old and will start to see failure. Ms. Drennan explained that, with the current rate structure, a portion is to cover operational expenses and another portion is to cover the cost of what the tenants are using today. It looks like there is a huge net income, but that money is saved for future repairs/replacement. Commissioner Johnston emphasized that repair and maintenance costs are escalating far beyond CPI+1%. HARBOR SQUARE ASPHALT REPAIR CONTRACT AWARD Executive Director Harris reviewed that the 2023 Budget includes $50,000 for asphalt repairs at Harbor Square, and staff identified one area of priority for repair and published a formal bid invitation on July 6th. A pre -bid walkthrough of the project was conducted on July 13th with three companies represented. Staff received and reviewed four bids on July 24th, and the low bidder was Quilceda Paving for a base bid of $25,175. Work will be completed by September 29th, and staff will work with the contractor to minimize disruption to tenants during installation. She recommended the Commission authorize her to enter into a contract with Quilceda Paving in the amount of $25,175 plus sales tax. COMMISSIONER JOHNSTON MOVED THE COMMISSION AUTHORIZE THE EXECUTIVE DIRECTOR TO ENTER INTO A CONTRACT WITH QUILCEDA PAVING IN THE AMOUNT OF $25,175 PLUS TAX FOR THE BASE BID FOR THE HARBOR SQUARE ASPHALT REPAIR 2023 CONTRACT (CONTRACT 2023-458). COMMISSIONER PRESTON SECONDED THE MOTION. Commissioner Preston asked about the status of striping in the parking lot, and Mr. Menard answered that they don't have the time or manpower to do striping this year. Striping was done last year. Packet Pg. 34 THE MOTION CARRIED UNANIMOUSLY. 7.2•e APPROVAL OF POLICY NO. 3.50.33, CREDIT CARD PROGRAM, POLICY AND PROCEDURE MANUAL Ms. Drennan explained that since the retirement of Executive Director McChesney, the Port has only two VISA credit cards held under the names of Port staff: one under Brian Menard and the other under Tina Drennan. The cards are held in the Manager of Finance and Accounting's Office and "checked out" by staff. She explained that online credit card purchases are becoming more common and some vendors only accept credit card payments and won't extend credit to the Port with an account. In addition, the Port's bank offers a program that allows authorized Port staff to easily manage credit card limits and authorized users. She recommended that the policy be changed due to accountability issues and inefficiencies. Ms. Drennan advised that the proposed policy (attached to Staff Report), was reviewed by all the staff who are on the authorization list, as well as Accounts Payable staff. She pointed out that RCW 43.09.2855 requires that the proposed policy change come before the Commission for approval. She recommended the Commission approve the policy as presented. COMMISSIONER GRANT MOVED THAT THE COMMISSION APPROVE THE ATTACHED POLICY NO. 3.50.33, CREDIT CARD PROGRAM POLICYAND PROCEDURE MANUAL. COMMISSIONER CASS SECONDED THE MOTION. To answer questions by Commissioners, staff described the security protocol for the various types of credit cards. Commissioner Preston raised a concern about listing specific restrictions and limitations (Section III), since the list may not include everything. Ms. Drennan answered that some things are specifically excluded by law, and the proposed language is consistent with what other ports use. THE MOTION CARRIED UNANIMOUSLY. RESOLUTION NO. 23-04 - IDENTIFYING DELEGATED AUTHORITY Executive Director Harris advised that Resolution 23-04 identifies a progression of Port employees that are authorized to act in place of the Executive Director (Director of Marina Operations, Director of Facilities and Maintenance, and Office Manager). She recommended the Commission approve the resolution to ensure smooth management and operation of the Port in the Executive Director's absence. COMMISSIONER PRESTON MOVED THE COMMISSION APPROVE RESOLUTION NO. 23-0 Packet Pg. 35 IDENTIFYING DELEGATED AUTHORITY IN THE ABSENCE OF THE EXECUTIVE DIRECTOR. COMMISSIONER JOHNSTON SECONDED THE MOTION. To answer Commissioner Grant's question, Port Attorney Stephens said the $350,000 limit corresponds with the RCW statute and the different procurement thresholds. Commissioner Grant asked if the resolution would be permanent, and Port Attorney Stephens answered that it would apply anytime the Executive Director is unavailable. THE MOTION CARRIED 4-0, WITH COMMISSIONER GRANT ABSTAINING. BUDGET WORKSHOP DISCUSSION Commissioner Grant shared two budget requests: • Cloud -based maintenance software system. He asked what tools staff currently uses to track Port assets, including the lifecycles of the various components of the marina. Mr. Menard answered that an Excel spreadsheet was started when he came on board to track all maintenance items on a monthly interval. Commissioner Grant responded that the cloud -based maintenance software system would do the same type of thing, allowing for the management of assets, money, communications, work orders, bids, etc. Executive Director Harris explained that she will be working with staff to analyze the software systems. • Discretionary fund for Commissioner expenses. This fund could be used for things like thank you cards and stamps and printing larger documents. It was noted that document printing could be done in house. Ms. Williams noted that the Port does have cards and stationery, but they could both be updated with the new branding. In addition, Commissioners can drop off Port -related mail and staff can provide the necessary postage. • Restrooms. He has heard comments that the Port's restrooms are not very attractive. Mr. Baker acknowledged that they are utilitarian, but they are clean and functional. It was suggested that different paint color and lighting could help soften their appearance. Commissioner Preston shared the following budget requests: • Emergency response to the waterfront. He recently had a conversation with Councilmember Teitzel 0 who said his current focus is on emergency response to the waterfront rather than access to the a waterfront. There are already resources at the waterfront, so the focus should be on making sure there is enough equipment and trained operators. • Skimmer. The Port should consider purchasing a skimmer to clean up the water in the marina. • Memberships. The Port should consider joining the Association of Washington Business (AWB) and Pacific Northwest Waterways Association (PNWA). Packet Pg. 36 • Internships. He recalled previous discussions about creating internship opportunities at the Port, and 7 2 e suggested they give the opportunity more serious thought. • Web cameras. The current cameras are outdated and need to be replaced and he would like the Port to add a camera at the marsh. LUNCH BREAK The Commission took a 1/2-hour break from 12:00 to 12:30 p.m. CONTINUED BUDGET WORKSHOP DISCUSSION Ms. Drennan reported that staff has started work on the 2024 Preliminary Budget. Baseline Conditions She explained that the Port implemented the Cash Flow Model in 2012, as a method of determining moorage and dry storage rates and planning for future large capital expenditures. Moorage and dry storage rates are calculated to recover the current year's costs of a tenant's slip or space, which includes operating costs and present year's usage of the capital assets to provide the service. The Cash Flow Model estimates future cash and investments based upon projected revenues and expenses and known major capital improvements. Ms. Drennan advised that the Consumer Price Index (CPI) for June 2023 for All Urban Consumers for All Items in Seattle -Tacoma -Bellevue was 4.6. The Port historically raises moorage and dry storage rates by CPI + 1% annually. She noted that the average increase over the past 10 years is 4.5%. She recalled that on August 8, 2022, Paul Sorensen from BST Associates presented findings that identified the Port's needs going forward: 1) fund operating expenses, which increase as the docks get older, 2) fund capital repairs and replacement of the marina, and 3) fund other capital improvements (seawall, breakwater, bathrooms, etc.). She shared several examples of how operating, maintenance and capital costs are increasing significantly. Ms. Drennan reported that the Finance Committee met on July 19th to discuss moorage and dry storage rates and recommended that the Port continue with the rate increase of CPI + 1% for 2024. For the 2025 budget cycle and beyond, the Commission will discuss if the method is sufficient. She shared and reviewed the following items that were attached to the Staff Report: • Charts that show the proposed 2024 moorage and dry storage rates for each type and size of slip/space and comparing them to 2023 rates. • A moorage rate survey showing how the Port's proposed rates compare with other Puget So Packet Pg. 37 marinas. 7.2.e • A graph showing the trend in Port financial occupancy rates. Ms. Drennan concluded that, unless the Commission directs otherwise, staff will show moorage and dry storage rate increases of CPI + 1% in the 2024 Preliminary Budget. This will allow the Port to continue to provide the quality of facilities and services that the tenants value. There was some discussion about what is included in the Consumer Price Index (CPI) for June 2023 for All Urban Consumers for All Items in Seattle -Tacoma -Bellevue, and it was suggested that it may be artificially low. They discussed how construction costs are spiraling out of control, and that the Cash Flow Model formula of CPI + 1% may not match up with the Port's future capital requirements. In reference to Mr. Malmgren's earlier comment, Ms. Drennan explained that net income is typically between $2 and $3 million per year, but that number doesn't take into account all of the Port's capital costs. She shared the scientific thought process that went into the Cash Flow Model when it was created in 2012, pointing out that the model includes lifecycle and replacement estimates for each of the Port's assets. Using the current formula, there won't be sufficient funds to meet future needs without other revenue sources, including grants. It was noted that the Finance Committee has discussed all of these issues, and they will be discussed in-depth as part of the next budget process, as well. Councilmember Teitzel asked if the Commission would consider expanding Port District boundaries, thereby increasing its revenue pool. It was noted that expanding the boundaries would not result in a significant increase in revenue, and it could be challenging to get voters to approve the expansion Mr. Baker cautioned that, although occupancy rates are the highest since 2007, if customers feel the rates are out of sync with the value they receive, occupancy can decline. There was a lengthy discussion addressing the growing concern around increasing marina construction costs, permitting challenges, the expense of maintaining marina facilities, and how the rising prices will impact boaters' abilities to afford moorage. The group agreed to continue the conversation throughout the upcoming budget cycle. Mr. Baker observed that the operations staff did not receive a lot of complaints about the 2023 rate increase. Ms. Williams added that the Port sends out information to tenants, explaining why rates are increasing and how the revenues are applied to maintaining or replacing facilities. If the Commission moves away from the current CPI+1 formula, it will be crucial to convey the reasoning and methodology regarding how rates are calculated. The Port starts its budget process early so that people have a clear opportunity to provide feedback. Property Tax Levy Packet Pg. 38 7.2.e Ms. Drennan advised that the Finance Committee is recommending the Commission increase the property tax levy to the maximum amount to fund the public portion of the North Portwalk and Seawall Project. She reminded them that RCW 53.36.020 limits the Port's property tax to $0.45 per thousand of property value, and Washington State Initiative 747 caps the property tax increase to 1% per year plus new construction. In 2023, the Commission elected to increase the levy to the maximum amount allowed or about $617,000. Adding a 1% increase to this amount would be approximately $624,000. N The actual amount might be higher based on the amount of new construction and refunds. Ms. Drennan further advised that the Finance Committee recommended allocating the 2024 property tax funds as follows: launcher subsidy ($25,000), North Portwalk and Seawall Project ($388,000), Commission costs ($201,000), and public records requests, tools and training ($10,000). Amounts collected from new construction and refunds would be allocated to the Portwalk and Seawall Project. She briefly reviewed the Staff Report attachments that provide historical context for the property tax levy. She summarized that, unless directed otherwise by the Commission, staff would show a property tax levy of $624,000 in the 2024 Preliminary Budget, with the allocations as outlined. The Commissioners observed that the Port doesn't have a lot of ways to increase revenue. The marina is the largest revenue source, followed by real estate. The Port doesn't have the ability to increase property tax revenue beyond 1% each year. Absent grant funding for capital projects, the Port would quickly use up all of its reserve fund. They indicated support for increasing the tax levy to the maximum allowed as recommended by staff and the Finance Committee, but also recognized the importance of considering all potential options for additional revenue as part of the 2024 Budget discussions. OVERVIEW OF MISSION STATEMENT, STRATEGIC PLAN, AND COMPREHENSIVE SCHEME OF HARBOR IMPROVEMENTS • Executive Director Harris provided an overview of the current Mission Statement, Strategic Plan, and Comprehensive Scheme of Harbor Improvements including the Public Access Plan, Master Plan — West Side and Master Plan — East Side, with the recommendation some updates are made — mission, structure and possible refresh to start next year. • The Commission discussed the recommendations and the possible future updates including to commercial properties given the State's mandate to add density, particularly near transportation hubs. VISIONING • Executive Director Harris introduced this portion of the retreat, first showing a view of capital and other draft plan expenditures and projects, then explaining the rest of the time is for creative thinking and general discussion. • The Commission discussed the future of the Port of Edmonds and the importance of grants t Packet Pg. 39 Port's financial planning strategy for the major Seawall Reconstruction and Portwalk project. They brainstormed ideas for other potential revenue opportunities, acknowledging that the Port's limited land capacity is a major obstacle. They also brainstormed ideas such as more partnership with the City of Edmonds, boating activities/events, public activities/events, looking at the best use for commercial spaces, and the importance of keeping the Port a "destination." Parking was also a topic, as the more events we bring to the Port, the more parking will become a challenge. Perhaps they could partner with the City and/or State to help address this issue. WRAP UP DISCUSSION • Executive Director Harris summarized that, once the budget process has been completed, staff could present proposed structural updates to the Strategic Plan. Using the updated Strategic Plan, staff could establish criteria for identifying priorities and ranking the projects and programs. They could then discuss moving forward with a public process for a revised 10- or 20-year Strategic Plan. Commissioner Cass suggested they should finish the Strategic Plan update in time for it to be included in the City's 2024 Comprehensive Plan update. • Executive Director Harris said staff is very mindful of the different grant application requirements, and she provided a high-level timeline of what is coming next. They are looking at a trip to Washington D.C. the week of October 16th, and Commissioners will be invited to attend. The consultant has also provided specifics regarding the letters of support that will be needed, and staff has already started local outreach. She provided a brief overview of other things they are working towards. • Executive Director Harris reported they are hoping to occupy the Administration & Maintenance Building sometime in September. The Commissioners discussed that just by meeting Building Code requirements, the new building should be eligible for Leadership in Engineering and Design (LEED) Silver Certification. • Commissioner Grant asked about the public process the City will follow when adopting the draft Waterfront Plan into its Comprehensive Plan. Councilmember Teitzel advised that there would be a number of public hearings on the Comprehensive Plan update. He recalled that he previously provided the Commissioners with a link to the draft Waterfront Plan and invited their comments. Executive Director Harris said she has started conversations with Susan McLaughlin, Director of Planning and Development about how they can work together. ADJOURNMENT The Commission meeting was adjourned at 3:06 p.m. Respectfully submitted, Jay Grant Port Commission Secretary Packet Pg. 40 7.2.e TAGS: 2023 Comm Meeting Minutes and Staff Retreat (https://www.portofedmonds.org/tag/2023-comm-meeting-minutes-and-staff-retreat/), Breakwater Engineering Contract Award (https://www.portofedmonds.org/tag/breakwater- engineering-contract-award/), Budget Workshop Discussion (https://www.portofedmonds.org/tag/budget-workshop-discussion/), Harbor Square Asphalt Contract Award (https://www.portofedmonds.org/tag/harbor-square-asphalt- contract-award/), Overview of Mission Statement Strategic Plan and Comp Scheme of Harbor Improvements (https://www.portofedmonds.org/tag/overview-of-mission- statement-strategic-plan-and-comp-scheme-of-harbor-improvements/), Policy No 3.50.33 Credit Card Program (https://www.portofedmonds.org/tag/policy-no-3-50-33-credit-card- program/), Resolution No 23-04 Identifying Delegated Authority (https://www.portofedmonds.org/tag/resolution-no-23-04-identifying-delegated-authority/) Packet Pg. 41 7.3 City Council Agenda Item Meeting Date: 09/26/2023 Written Public Comments Staff Lead: City Council Department: City Council Preparer: Beckie Peterson Background/History N/A Staff Recommendation Acknowledge receipt of written public comments. Narrative Public comments submitted to the web form for public comments <https://www.edmondswa.gov/publiccomment> between September 14, 2023 and September 20, 2023. Attachments: Public Comment September 26, 2023 Packet Pg. 42 7.3.a Edmonds City Council Public Comments — September 26, 2023 Online Form was submitted 9/18/2023 1:35:11 PM FirstName Tom LastName Mayer CityOfResidence Edmonds AgendaTopic Climate Action Plan Comments I am writing in support of the request to fund two staff positions that can help support important environmental goals. The most important finding of the Edmonds Climate Action Plan is that the Edmonds community has not kept pace with its own goals for reducing CHG emissions. Hiring and designating staff with the responsibility of implementing the "most effective steps" is the best way to put real action into the Climate Action Plan. The CAP says it best: BOLD ACTION is required to reduce our E E climate related risks. Thank you for your consideration. �j e Packet Pg. 43 8.1 City Council Agenda Item Meeting Date: 09/26/2023 Approval of Regular Meeting Minutes September 19, 2023 Staff Lead: Council Department: City Clerk's Office Preparer: Nicholas Falk Background/History N/A Recommendation Approval of Council Meeting minutes as part of the Consent Agenda. Narrative The Council Special meeting minutes are attached. Attachments: 2023-09-19 Regular Meeting Packet Pg. 44 8.1.a EDMONDS CITY COUNCIL MEETING DRAFT MINUTES September 19, 2023 ELECTED OFFICIALS PRESENT Neil Tibbott, Mayor Pro Tern Vivian Olson, Council President Pro Tern Will Chen, Councilmember Diane Buckshnis, Councilmember Susan Paine, Councilmember Dave Teitzel, Councilmember Jenna Nand, Councilmember ELECTED OFFICIALS ABSENT Mike Nelson, Mayor 1. CALL TO ORDER/FLAG SALUTE STAFF PRESENT Oscar Antillon, Public Works Director Angie Feser, Parks, Rec., & Human Serv. Dir. Rob English, City Engineer Shannon Burley, Deputy Parks, Rec. & Human Serv. Dir. Dave Rohde, GIS Analyst Jeff Taraday, City Attorney Nicholas Falk, Deputy City Clerk Jerrie Bevington, Camera Operator The Edmonds City Council meeting was called to order at 7 p.m. by Mayor Pro Tern Tibbott in the Council Chambers, 250 5' Avenue North, Edmonds, and virtually. The meeting was opened with the flag salute. 2. LAND ACKNOWLEDGEMENT Councilmember Teitzel read the City Council Land Acknowledge 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 Deputy City Clerk Nicholas Falk called the roll. All elected officials were present with the exception of Mayor Nelson. 4. PRESENTATIONS NATIONAL HISPANIC HERITAGE MONTH PROCLAMATION Mayor Pro Tem Tibbott read a proclamation proclaiming September 15-October 15 as National Hispanic Heritage Month and calling its observance to all residents. He presented the proclamation to Edmonds Diversity, Equity, Inclusion and Accessibility Commission Vice Chair Jeanett Quintanilla, noting his wife's family is from Mexico and he does his best to speak a little Spanish. Edmonds City Council Draft Minutes September 19, 2023 Page 1 Packet Pg. 45 8.1.a DEIA Commission Vice Chair Quintanilla thanked the council for the proclamation. She loves Edmonds and feels it is her home. Hispanic Heritage is celebrated for one month, but every day is a celebration; they celebrate their roots, traditions, culture, faith and hard work. She came to the United States with a law degree speaking Spanish and learned English. She thanked the council on behalf of the Latino community and the DEIA commission. 2. PRESENTATION OF FIXIT EDMONDS — PUBLIC REPORTING APPLICATION GIS Analyst Dave Rohde explained the mayor tasked staff with creating an app for people to report public works and parks issues online and to open communication with crews. The City contracted with GOGov to purchase their app and branded the app "Fixit Edmonds" to make it identifiable and short and easy to say. The mayor and public information officer provided a press release approximately a month ago with information about the app, how to download it, what could be reported, etc. He reviewed: • Press Release QR Code Use smart you pane wmere - to Soap Mia code mM be instantly directed to me Appe app stab a Goape Ray to 7 download app Vol- • What can I report? o Public works ■ Any city issue in the right of way, potholes, signs, traffic light, tree down, water or sewer issues o Facilities ■ Facility issue at any of the city's buildings, restroom service, graffiti, etc. o Parks ■ Grounds, irrigation, restrooms o Miscellaneous What happens after I submit a work request or report an issue? o Public Works ■ A Public Works employee is notified of request through email. ■ The request is input into the department's CMMS (Computerized Maintenance Management Software) and assigned to the appropriate maintenance division. ■ Notification is provided for the requester. o Parks ■ A Parks employee gets notified via email ■ The request is logged in and assigned to the appropriate Parks Division for action. ■ Custom response is sent to the person that reported the issue to include estimated timeline for repair if available Staff Feedback o Public Works ■ Ease of entry for requester with direct communication to department. ■ Pin -drop or address inputs provide accurate location and information sharing. ■ Attached photos provide description. ■ Templates and curated responses available for efficient communication with requester. o Parks ■ Very helpful tool, GPS and pictures attached to feedback is efficient. Edmonds City Council Draft Minutes September 19, 2023 Page 2 Packet Pg. 46 8.1.a ■ Helpful snapshot of trouble areas or frequent concerns ■ Enjoy having a list of requests for reporting ■ Please continue to encourage citizens to use this tool • Screenshot of requests Bulk Actions(0) - Showing 100 requests out of 125 in 0.004 seconds STATUS DUE TOPKa • Statistics Top PEOPLE UPDATED ENTERED See Li0" Miscellarleais Pdeeyvarb 129© A.2a. 2023 Aue 24, 2023 Oper 100eve 2370378th Ave%V Edmonds Illegal dumping common loation for this Issue. Thank you. 1 Royce Napolitino 9.S6 AM 806AM Vegetation frowcw 128Q I8000- 180 10 88M Ave W. Ed—nds t�egr Aue 24.2023 Au, 23,2023 CloseO Sg22027 The sfru6Rree/Wy on the mrtMmt corner of aympk Vim 6.58AM 5,31 PM Drive and Mh Aye. (above Talbot Park) is causl ng a severe Ilne 8 Royce Napoetino of sfgh[ Mnpabrmen[ wtllk making a left [urn onto Olympic Yro... Vegetation Nwr— 12712 = Anonymous OP- L20Q3 On On the border of Restahvn cemetery property on A. 2a. 2023 Aue 23. 2023 913aaa the edge ofasnarea easement iitaa Very large Royce Napoltlno 8.42AM 8:SSAM dead VK. The I_tdn Is important because tile... Parklssue aerk,— rr. 1260 0111111iiiin Aug 22. 2023 Aug 21.2023 Close, Ap3L3M3 600 Thhd Ave S.Edmond s Shannon Burley 8 35 AM 621 PM Mlssim water Rates (Div. 211n kiddy pool area Miscellaneous wwewwa L250 7f2"I:9i+,n,St11er sag! Aua 22.2023 A-21.2023 0— A.q 3L 2023 The man Mk coyer is not secure and as it is in our drivew eti every time vre drive over It it slides off the hole and is creating Royce Napolitirro II:Ig AM 12:11 PM a hazard for both us. ouf cars. and the Ilnes within the manhole Parks and Rec Natural Area Maintenance 5 Park Facility Issue 10 Park Issue 10 Tree Maintenance 9 Turf Maintenance 0 Total - Parks and Rec 34 Public Works Miscellaneous 35 Pothole 14 Sewer Issue 5 Stormwater Issue 2 Street Sign Issue 13 Street Sweeping 3 Vegetation 14 Total - Public Works 86 Total All Topics 120 Mr. Rohde explained a citizen creates an account and uses that account to report issues online via the webform or via a mobile device. Citizens also have the opportunity to report anonymously. No identifying information is collected and provided to the City; a citizen must create an account, but the account stays with GOGov and the City does not have access to it. Public Works Director Oscar Antillon recognized Mr. Rohde for the work he did to get the system operational on the website and available for use. Staff really likes the system, it provides great information and is very helpful for parks and public works. The next step for public works is to tie it to CMMS system. He encouraged citizens to look for the Fixit Edmonds in the app store. Councilmember Paine thanked staff for putting this together, commenting it helps her as a councilmember focus on the policy level and not the pothole level and allows for better dialogue with citizens. She is always happy to hear about broad roadway conditions, but potholes is in public works' wheelhouse. Edmonds City Council Draft Minutes September 19, 2023 Page 3 Packet Pg. 47 a1 C }r d 4) L lC 3 d IX rn o� 0 M N O N r-� c m E t 0 �a a 8.1.a Councilmember Chen commented this is a dream come true. Two years ago when he first joined the council, he heard so many complaints from the public and one of his wishes was a reporting system like this, a straightforward way for citizens to report issues. He has used it himself and assured it really works. Council President Pro Tern Olson agreed this was a dream come true. She thanked Mr. Rohde for putting this program together; she has also used it and it works great. Most importantly, the app informs people their concern has been heard, entered into the system and is being worked and it keeps things from falling through the cracks. She was super excited the community has this asset. Councilmember Teitzel echoed other councilmembers' comments about how helpful this is for citizens. He asked about the process for people like his mom who does not have a computer or an iPhone to access the Fixit app. Mr. Rohde answered the other two options are PWEdmonds.gov or people can also call public works directly. He recognized the street, storm, water, and sewer departments, Todd Moles, Royce Napolitino, and Mr. Antillon who do a lot of work. Mr. Antillon said there are multiple ways for people to report problems including calling or emailing public works. The app is a preferred method because it tracks the issue and staff can respond to the person. When someone submits a request, it is put into CMMS, but this makes is really easy. Councilmember Teitzel asked if citizens could log onto the Fixit app and access a dashboard to see if a complaint had already been lodged to avoid duplicate complaints. Mr. Rohde answered that is not part of the Fixit system; it could be developed with the CMMS system. The CMMS systems directs the work and Fixit is the citizen reporting tool; that could be pursued with the CMMS vendor. Mr. Antillon explained the system is smart enough that when an issue is reported for a particular address and another report is made, it creates one work order. As the system evolves, staff will work with the vendor to make upgrades if the system has the capability. Councilmember Nand noted her computer dropped the Zoom meeting and she is now participating via her phone. She asked when people log on, are they able to see other issues that have been reported in their neighborhood and whether there was any functionality within GOGov via this app to advertise volunteer opportunities such as cleanup in a neighborhood park or neighborhood watch. Mr. Rohde answered there is no way to see issues that have been reported by other people; that is something staff is working on with the CMMS system. The Fixit app is just a simple portal to report issues. He did not know if GOGov would allow citizens to sign up to volunteer, but there are other tools to do that via the City's website. Councilmember Nand commented it would be great to leverage the assistance of the active, passionate citizenry. Mayor Pro Tern Tibbott summarized people can download the app from the app store or it is available on the homepage of the City's website. 5. APPROVAL OF AGENDA COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER PAINE, TO APPROVE THE AGENDA IN CONTENT AND ORDER. MOTION CARRIED UNANIMOUSLY. 6. AUDIENCE COMMENTS Steven Keeler, Edmonds, voiced his disapproval of the Edmonds Public School District's quality of instruction. His data source is the Office of the Superintendent of Public Instruction for Washington State. He provided the council a two -page handout, the first page is for the 2022-2023 school year; for all students tested, the percentage meeting core standards was 54% for English, 42% for math, 44% for science. The second is data for the 2019-2020 school year where the percentage meeting core standards Edmonds City Council Draft Minutes September 19, 2023 Page 4 Packet Pg. 48 8.1.a was 63% for English, 52% for math and 44% for science. There will be an election soon for District 5 board positions. He asked how each councilmember should vote. Jim Ogonowski, Edmonds, thanked the council for including the mid -year financial review on the agenda although he was puzzled why it was coming from council versus the administration and the finance director. He thought the director's inside analysis, critique and guidance would be beneficial to the council, particularly as the council is entering into budget season when it is necessary for the council to understand the current state before considering the future budget. He shared numbers that were not in the agenda packet for background and to highlight them for other citizens. As of the end of July which he extracted from the Received for Filing July budget, expenditures are slightly over $64M and revenues are approximately $52.5M, a deficit of $11.5M or 22% deficit spending which he felt was quite substantial. That leaves an ending fund balance of slightly over $5M. The current emergency fund reserve policy requires $8.9M at the end of the year, about a $4M difference. The question is how to reconcile that and what is the plan to get that $4M. In addition, the City is currently running about 5% less on expected revenues. The City has some significant financial challenges and he suggested the City needs a plan how to achieve that this year let alone in the future. He asked whether the plan was to reduce expenditures, freeze hiring or just hope to underrun expenditures. Hope is not a plan, a plan needs to be actionable. The City and councilmembers deserve that insight and guidance from the finance director. Thatcher Boddendeitchel, Edmonds, a member of Carpenters Local 206, commented more taxpayers means more income for the City and more taxpayers requires more housing. Legislation adopted by the state will require upzoning and light rail will soon serve the City. When that housing comes, he requested the City use union labor. There are union members in the community who are ready to build this community, instead of commuting out of the City to build someone else's city and economy. He summarized they want to build Edmonds and urged the council to let them. 7. RECEIVED FOR FILING 1. CLAIM FOR DAMAGES FOR FILING 2. WRITTEN PUBLIC COMMENTS 3. JULY 2023 MONTHLY FINANCIAL REPORT 4. 2023 MID YEAR DEPARTMENT BUDGET REVIEW REPORT 5. PUBLIC WORKS UPDATE 2ND QUARTER 2023 8. APPROVAL OF CONSENT AGENDA ITEMS COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCILMEMBER TEITZEL, TO APPROVE THE CONSENT AGENDA. Councilmember Buckshnis requested Agenda Item 8.7, Marchis V. City Of Edmonds: Approval Of Settlement Agreement, be removed from the Consent Agenda so she could vote against it. She also requested Agenda Item 8.9, Adult Exchange Application Process Referred to Sister City Commission, be removed. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: 1. APPROVAL OF SPECIAL MEETING MINUTES SEPTEMBER 5, 2023 2. APPROVAL OF REGULAR MEETING MINUTES SEPTEMBER 5, 2023 3. APPROVAL OF COUNCIL COMMITTEE MEETING MINUTES SEPTEMBER 12, 2023 4. APPROVAL OF SPECIAL MEETING MINUTES SEPTEMBER 12, 2023 5. APPROVAL OF CLAIM CHECKS AND WIRE PAYMENT. 6. JOHNSON PARK PROPERTY DEMOLITION CONTRACT APPROVAL 8. FRANCHISE EXTENSION FOR NEW CINGULAR WIRELESS PCS, LLC Edmonds City Council Draft Minutes September 19, 2023 Page 5 Packet Pg. 49 8.1.a 10. REFER SHOPPING CART OUTREACH EFFORTS TO ECONOMIC DEVELOPMENT COMMISSION 11. CAPITAL PROJECTS - CITY FACILITIES CONTRACT INTRODUCTIONS ITEMS REMOVED FROM CONSENT 7. MARCHIS V. CITY OF EDMONDS: APPROVAL OF SETTLEMENT AGREEMENT Councilmember Buckshnis said this was pulled from a previous agenda because it was signed by an employee who may/may not have been an acceptable representative for the City. It is on tonight's agenda with no signature by the City of Edmonds and for that reason, she will vote no. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER PAINE, TO APPROVE THE MARCHIS V. CITY OF EDMONDS SETTLEMENT AGREEMENT. COUNCIL PRESIDENT PRO TEM OLSON MOVED, SECONDED BY COUNCILMEMBER TEITZEL, TO AMEND THE DOCUMENT IN THE PACKET TO ADD THE MAYOR'S SIGNATURE BLOCK WHERE THE CITY EMPLOYEE FOR EDMONDS IS TO SIGN ON BEHALF OF THE CITY. Councilmember Paine asked if that would be appropriate as the document already contains signatures. City Attorney Jeff Taraday referred to packet page 237 which has a blank signature block for the City of Edmonds. He was unsure any amendment needed to be made. Council President Pro Tern Olson explained her intent was to execute what was in the agenda memo and include it in the document which will ultimately be signed. This is not a material change and although Mr. Taraday said it was not necessary, she preferred to have it amended. Councilmember Nand said it was not appropriate for the council to amend a settlement agreement from the dais for a matter that could potentially enter into active litigation. If councilmembers had feedback for the city attorney, it would have been more appropriate to send it to him before the meeting so the changes could have been incorporated. She was opposed to the amendment to make changes to the settlement agreement and encouraged councilmembers to sign it as is or to send it back to the city attorney to intake feedback in private. Council President Pro Tern Olson requested Mr. Taraday weigh in on whether it is an issue in terms of the legal process that is going on. Mr. Taraday answered the document in the packet is a different settlement document than the council saw previously. In an earlier packet, there was a document with an employee's signature in the signature block. In tonight's packet, there is a blank signature block for the City of Edmonds awaiting city council approval to authorize the mayor to sign the document. That was why he was confused about the nature of the motion to amend. Council President Pro Tern Olson clarified her intent was a title line under the signature line signature like there usually is such as Mike Nelson, Mayor with blank above for his signature. All the lines in this document are blank. Mr. Taraday observed instead of a blank next to Print Name, it would state, Mike Nelson and the Title would state, Mayor. Council President Pro Tern Olson agreed that was her motion. Mr. Taraday said he now understood the amendment and had no concerns with it as that information will be completed anyway. The amendment is not necessary, but he had no objection to it. AMENDMENT CARRIED (5-2), COUNCILMEMBERS PAINE AND NAND VOTING NO. Councilmember Teitzel commented there has been some discussion about the content of the settlement agreement which involves a utility easement. He asked whether a utility easement and right-of-way were one and the same and if not, how they were different. Mr. Taraday said he can provide a short answer Edmonds City Council Draft Minutes September 19, 2023 Page 6 Packet Pg. 50 8.1.a tonight, but he knew the council had many related questions about easements and rights -of -way and how they interact. He would rather provide a more comprehensive answer at a later date, but for the purposes of briefly answering the question, he explained one of the primary differences between a utility easement and a right-of-way is while rights -of -way often have utilities in them, their primary purpose is for travel. Utility easements also have utilities in them, but their primary purpose is not for travel. Councilmember Teitzel commented for the purposes of the settlement agreement, the utility easement and a right-of-way are different from the perspective it is not being used for travel across private property. Mr. Taraday answered from a utility standpoint they are more or less the same. Councilmember Buckshnis commented she has never seen an agreement to allow an existing rockery on an easement. She recalled the City requiring citizens to remove rocks or remove parking. Usually when there is a strip like this, people park on it. Mr. Taraday reminded the council that Lighthouse Law Group did not handle this case. This case was handled by Tom McDonough pursuant to a conflict waiver the city council authorized several months ago. He was not privy to the negotiation of this settlement, was not present at the mediation, and did not know much about how the settlement came together or what compromises were made so he was unable to shed much light on Councilmember Buckshnis' question. MOTION CARRIED (6-1), COUNCILMEMBER BUCKSHNIS VOTING NO. 9. ADULT EXCHANGE APPLICATION PROCESS REFERRED TO SISTER CITY COMMISSION COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER PAINE, TO REFER THE ADULT EXCHANGE APPLICATION PROCESS TO THE SISTER CITY COMMISSION. Councilmember Buckshnis commented ECC 10.60 which deals with the Sister City Commission is very important. The Sister City Commission is extremely different than any other commission in that it does talk about gift of public funds. She pointed out at the PSPHSP committee that the brochure needed to be codified and the issue of a gift of public funds for non -elected officials when the City pays for a staff member's trip needed to be considered. She will vote no on the motion as it does not fulfill her intent at the PSPHSP committee meeting. Councilmember Paine said she will vote no on the motion because it is micromanaging and adding too many rules for a group that has been functioning broadly for years without this level of minutiae oversight. Councilmember Nand spoke in favor of the motion. It is important to standardize and ensure there is a neutral and methodical way to approach the public information period and application process, especially in terms of equity. She was also at the PSPHSP committee meeting where there was discussion about the importance of ensuring people outside of certain privileged circles in Edmonds are aware of these opportunities and have a fair chance to apply along with people who are deeply involved in City activities and politics and may know about them months ahead of time. She was in favor of this referral and standardizing this into a more methodical and neutral process. COUNCILMEMBER BUCKSHNIS MOVED TO AMEND THAT THE SISTER CITY COMMISSION ALSO INCLUDE ECC 10.60 AS PART OF THEIR REVIEW. AMENDMENT FAILED FOR LACK OF A SECOND. Council President Pro Tem. Olson expressed support for referring this to the Sister City Commission. The policy will be brought back to the city council and will require council approval to codify any changes. Edmonds City Council Draft Minutes September 19, 2023 Page 7 Packet Pg. 51 8.1.a MOTION CARRIED (5-2), COUNCILMEMBERS PAINE AND BUCKSHNIS VOTING NO. 9. COUNCIL BUSINESS 1. CITY OF EDMONDS - CITY OF MOUNTLAKE TERRACE BALLINGER PARK ILA Parks, Recreation and Human Services Director Angie Feser introduced Jeff Betz, Recreation and Parks Director, Mountlake Terrace. She explained during the 2023 budget process, the council and staff worked together to formulate a proposal for a $200,000 payment to the City of Mountlake Terrace in support of their Ballinger Park project phase 3 located in the northwest corner of the park which provides improvements that benefit Edmonds residents including a trailhead, access to the park, trails through that section that tie into the park as well as a dock providing lake access. This agenda item is a draft ILA that has already been approved by the Mountlake Terrace City Council and staff is seeking approval by the Edmonds City Council. Mr. Betz explained Ballinger Park is located on Edmonds' eastern border adjacent to the Interurban Trail. It wasn't always a park, it was a 9-hole municipal golf course until 2012. The course had seen a decrease in use for many years and numerous golf courses were added during that time including the Nile course on the boundary to the southeast. Toward the end of 2012, the Mountlake Terrace Council had a unique opportunity when the vendor of the City -owned golf course ceased to operate which opened up 42 acres of passive park space. The opportunity to add 42 acres to the city's existing 13 acres of park land with athletic fields and boat launch was an opportunity for a regional gem. Mr. Betz explained Mountlake Terrace adopted a new master plan in 2015. The master plan incorporated plantings with native vegetation, trails, boardwalks, and wetland enhancements. The plan also segmented the park into an active eastern side and a more passive western side. The plan advocated building this out in phases and to find as many funding partners as possible to assist with such a large undertaking. It was estimated in 2015 to be about a $15 million project, a hefty sum for Mountlake Terrace. The plan would create a lot of open space and protect critical habitat while also becoming a regulation destination park. • Ballinger Park Master Plan Conceptual Design: in He displayed photographs of Phase 1, the eastern portion, which was completed in early 2022. It included a 220' fishing pier, 80' boat dock and ramp, and restrooms and the Hazel Miller inclusive playground and Edmonds City Council Draft Minutes September 19, 2023 Page 8 Packet Pg. 52 8.1.a a 1500 linear foot north -south trail connecting those elements which was finished last year. Those portions of the plan totaled about $3 million and were completed with 35% grant funds. Completion of that phase brought the project to the phase Mountlake Terrace is working on with the Army Corp of Engineers. Mountlake Terrace engaged with the Army Corp of Engineers about ten years ago on this project for restoration of Hall Creek and some of the surrounding area. Hall Creek runs through the park and had been channelized and affected by invasive weeds including blackberries. Mountlake Terrace entered into an agreement with the Army Corp of Engineers to provide significant habitat for migrating birds, native amphibians, and potentially reconnecting salmon habitat if downstream culverts are fixed. Mr. Betz displayed a development site illustration (image used in the grant application with the Recreation and Conservation Office): 20-1672 D, Ballinger Park Viewing Platform and Nature Trails 22231 56th Ave W, Mountlake Terrace, WA 98003 July 27, 2020 Park L r proposed Crossing by the Anry C-1 & E'ipinPa s 5c, cr(_r Prepared by Robert W Droll, f.andscaps Archdecf, PS Mr. Betz explained this project is currently under construction. The bridge by the senior center was moved west, a creek channel has been built, and work is underway on the boardwalk. The project includes 24,000 plants including 6,000 trees that will be planted over the next year, hopefully most of it this fall. That project is primarily paid for by the federal government, 65% of the total cost by the Corp of Engineers, 35% by Mountlake Terrace, and the state provided approximately $1 million. He displayed and reviewed the design for a path network: Path Network Goal: Create a network of paths that celebrate a diversity 4" Who 6' asphalt path of ecological experience, and connect ..at west. 4--+ 6' gravel or asphalt path - 4' to 6' gravel or mulch path 6'to 8' wale asphalt path Interurban Trail &r ,hborho I portal 6'widegraMh asphalt1 path 0 � �� -D 6 1M' rxk pmI x brides reek allenment 4'to 6wide mukh ar auahW rock path reek protect boardwalk Edmonds City Council Draft Minutes September 19, 2023 Page 9 Packet Pg. 53 8.1.a He reviewed the following images which were presented in public meetings to solicit public feedback: Park Portals Goal: Create a park brand that carries through each park entry that lets people know they have arrived at Ballinger Park! Interurban Trail & neighborhood Portal Potential future Park Portal locations, using similar color and design Viewing Platform Goal: Immerse peopte in an over -water ecologically rich experience. Create a park discovery and a city icon! Master Plan Location Western Location LAKAhO i Alternate Location Edmonds City Council Draft Minutes September 19, 2023 Page 10 Packet Pg. 54 8.1.a Material Toolkit: Cost-effective ecologically -sensitive. Focus investment on the experience! Color Inspired by Nature! 41 to. f ■ Dogwood Lily Summer Spring meadow sedge Mr. Betz advised the project budget is approximately $1.5 million which includes $500,000 from RCO's aquatic lands account, $100,000 from Premera Blue Cross, and $200,000 from the City of Edmonds (related to the ILA). The remaining $750,000 will be covered by the City of Mountlake Terrace. Mr. Betz commented on the importance of partnering with a neighboring jurisdiction and furthering park and open space goals for both communities and providing additional access especially for residents on the east side. ILA are very effective at crossing city and sometimes even county lines to ensure residents have parks and amenities. Most residents do not care what city something is in; they just want to have access to that activity or amenity. A public meeting was held on August 9 and the Mountlake Terrace City Council approved the ILA on August 21. If environmental permits from Corps of Engineers, Department of Ecology, and Department of Fish and Wildlife go through in time, the project will go to bid in spring 2024 and construction will occur during the fish window July 1 — August 31, 2024. Councilmember Chen thanked Ms. Feser for inviting Mr. Betz to make this presentation. He thanked Mr Betz for the details. COUNCILMEMBER CHEN MOVED, SECONDED BY COUNCILMEMBER TEITZEL, TO APPROVE THE CITY OF EDMONDS - CITY OF MOUNTLAKE TERRACE BALLINGER PARK ILA. Councilmember Chen said he played golf at the golf course before it became a park; it was not a pleasant place to play. These improvements will benefit the residents living on the Edmonds side near Lake Ballinger. Southeast Edmonds is lacking public access to open space. Ms. Feser and staff have been trying hard to acquire land, but that has not been an easy process. This ILA opens doors and gives quick access. He expressed appreciation for the City of Mountlake Terrace and Mr. Betz's willingness to work with Edmonds to make this project a reality. He pointed out the council's budget amendment will benefit the entire community. He expressed his appreciation for all the hard work done by both cities' staffs. Councilmember Buckshnis said she was excited about this project. She has been following it for some time via the Lake Ballinger Forum that she attended for many years. She thanked Council President Pro Tern Olson who gave the council the idea about this ILA. There is so much potential via this ILA. The project has been very methodical and very pragmatic and she was very pleased with the process. The Edmonds Waterfront Center/Senior Center is partnering with the Mountlake Terrace Senior Center and has the potential for a community center/intergenerational center. Councilmember Nand said she grew up in close proximity to Lake Ballinger and frequently used the park and natural space growing up. She remembered the fire when someone took a BBQ out to the island and burned a lot of the trees. Mountlake Terrace has set a great example on properly utilizing its lakeshore and making it accessible. As a kayaker, she does not use the Edmonds public access due to the mud and instead uses the launch in Mountlake Terrace. She appreciated the asphalt paved walkways through the park, commenting on the importance of accessibly for wheelchair users and people with limited mobility. Councilmember Nand said when she kayaked on Lake Ballinger this summer, she noticed there were primitive stakes in the water so people can pull up to and enter Edmount Island. She asked about installing signage designating it as a sensitive wildlife area and restricting certain activities that are Edmonds City Council Draft Minutes September 19, 2023 Page 11 Packet Pg. 55 potentially harmful to the island. She also asked about the tennis court that was demolished and whether there were plans to restore tennis as an activity available in the Mountlake Terrace portion of the park. She thanked Mountlake Terrace's Recreation and Park Department for their incredible work, commenting the park is a regional gem that also benefits many surrounding cities. Mr. Betz explained the tennis court was removed to improve the ecological value of the project. That location will be a natural area and although not designed to hold water, it could potentially accommodate overflow of Hall Creek. That area is typically very wet and the tennis court was not doing well. The tennis courts at Evergreen Playfield are being improved. Edmount Island is off limits to the public and there were do not enter and native growth protection area signs; he will check on the signage. Councilmember Nand suggested signage visible from the boat launch to alert the public the island is off limits. Mr. Betz commented the island became pretty dangerous after the fire with quicksand -like soils. Council President Pro Tem. Olson thanked Ms. Feser for coordinating with Mr. Betz and Mountlake Terrace on an ILA with Edmonds. Much more needs to be done in south county where jurisdictional lines are quite blurred and residents live on the border. In asking a resident why they did not think Ballinger Park was an amenity, one of the reasons provided was the unwelcoming access from Edmonds side. She reiterated her thanks to Mountlake Terrace for their openness to work with Edmonds to address that. This plan is above and beyond what she had hoped for and she was very excited and appreciative. Council President Pro Tern Olson said she coordinated with the city attorney today to make the following amendment to the ILA. She noted a couple other very minor changes were made to the ILA which Ms. Feser emailed to the full council, adding a period somewhere and changing the duration December 1, 2025 because there two different dates in the document. COUNCIL PRESIDENT PRO TEM OLSON MOVED, SECONDED BY COUNCILMEMBER CHEN, TO AMEND SECTION 3.1 OF THE ILA BY ADDING "ADDITIONAL" BETWEEN "ANY" AND "OBLIGATION." AMENDMENT CARRIED UNANIMOUSLY. Councilmember Teitzel commented this is a great project and he applauded the work Mountlake Terrace is doing to make it a great park for Mountlake Terrace and Edmonds residents. He referred to the realigned channel being constructed by the Army Corps of Engineers, and asked if it was a salmon bearing stream or if it will support salmon recovery. Mr. Betz answered that is unknown. The hope is it will be. Some fish counts have been done on McAleer Creek and some Coho have come up through the culvert that was done 10 years ago near the Nile Country Club. The hope is once culverts are done under I-5, which WSDOT is currently designing, that salmon will potentially swim upstream. Councilmember Teitzel referred to the site development illustration, observing it appeared there was one approved park entrance near the north end of the Interurban Trail. He pointed out a logical location for a second access further south, south of the row of trees that border the asphalt path that would connect to the Interurban Trail. He asked if there was any interest in creating a small gravel path to connect the trail in that location as people coming from south would have to walk an additional 100-200 yards to reach the main entrance. Mr. Betz answered it has been discussed. The site development illustration is the design that was utilized for the grant; the actual entry point is toward the middle. The master plan identified that entry and another; the issue is the slope. There were plans to have an entry there but due to the slope, cost of the fill and environmental requirements to offset the fill, it was cost prohibitive. Councilmember Paine commented this is a really great project and a beautiful design. She heard about it at the SeaShore Transportation Forum and discussions about the culverts possibly allowing salmon passage. She participated in a bike ride with the Edmonds Bicycle Advocacy Group last week; one of the Mountlake Terrace councilmembers highlighted this project. She wished Mountlake Terrace good luck Edmonds City Council Draft Minutes September 19, 2023 Page 12 Packet Pg. 56 8.1.a with their permits and looked forward to having better access for the Lake Ballinger neighborhood, Highway 99 and all of Edmonds due to the bikeable entrance to the park. Council President Pro Tern Olson commented some of the DEIA commission members brought to the council's attention path materials that could be rolled out that would make it possible for people in wheelchairs to use what otherwise would be natural paths. She wanted to put that on Mr. Betz's radar in case that had not been considered in the path constructs. She offered to provide further information. Mr. Betz commented it would be great if she forwarded him that information. Councilmember Chen referred to the all-inclusive playground on the east side, another wonderful amenity and a great addition to the park. MOTION CARRIED UNANIMOUSLY. 2. MID -YEAR REVIEW - FINANCIAL DASHBOARD Mayor Pro Tern Tibbott said he was part of developing the financial dashboard. When he and Councilmember Chen originally asked for a mid -year review, the intent was to have it provided in August. In discussing with Councilmember Chen what would be provided in the mid -year summary, one of the things they wanted was to be able to tell a story of what is happening with the City's finances. They identified categories that would be useful for a dashboard, but this is just the beginning of something that would be much more of a mid -year financial report. This is report is the result of Councilmember Chen's spreadsheet expertise. Councilmember Chen credited Mayor Pro Tern Tibbott for having the vision to show key numbers so the public and council know where the City stands at mid -year or other points in time. This template or an improved template in the future will allow numbers to be entered each month to provide a sense of where the City's finances stand. He commented this is not by any stretch a mid -year review, it is just a dashboard with a few key numbers. He reviewed: Monthly Financial Dashboard — Jan — June 2023: General Fund Total Revenue Total Expense Net General Fund Balance General Fund Balance Fund Reserve requirement Over/Under Contingency Reserve Fund Balance Contingency Reserve Fund Balance Contingency Fund Reserve requirement Over/Under ARPA Beginning Balance ARPA fund spent Ending Balance City Assets and Liabilities Total assets and deferred outflows of resources Total liabilities and deferred inflows of resources Total net position Bond Obligations US$11.9 mil Itd tax GO imp and rfdg binds (tax-exempt) ser 2021A due 12/01/2041 U5$2.695 mil Itd tax GO rfdg bnds (taxable) ser 2021E due 12/01/2041 Jan -Jun 2023 Jan -Jun 2023 Budget 10 Actin April Amendment 23,772,230 24,756,969 (984,739) -3.98% 28,704,022 30,336,520 (1,632,498) -5.38% (4,931,792) (5,579,551) 6,971,162 8,918,686 (1,947,524) -21.84% 8,918,686 8,918,686 - 0.00% (1,947,524)I 0 2,228,672 2,228,672 0 2,228,672 2,228,672 (0) 0 11,893,099 11,893,099 3,905,619 3,905,619 7,987,480 7,987,480 Pending Pending Pending 11,900,000 11, 900, 000 2,695,000 2,695,000 Edmonds City Council Draft Minutes September 19, 2023 Page 13 Packet Pg. 57 8.1.a Councilmember Chen referred to actual total expenses compared to budget April Amendment, commenting on the surface it look good that the City spent less than budgeted, but not if City has not accomplished everything that was budgeted. He referred to the General Fund balance which indicates the City is dipping into reserves to fund day-to-day operations. In some cases that is normal because revenues come in at different times. In reviewing General Fund balances compared to Reserve requirements in December 2022, in December 2022 the General Fund balance was $12.5M, well above the requirement of $7.8M. Suddenly in January 2023, the General Fund balance went down dramatically to $6M according to January's financial report, which is well below the requirement. In February, the General Fund balance was $6.3M, also below the requirement of $8.9M. In March 2023 the General Fund balance went down to $5M which is $4.9M below the requirement. In April, the General Fund balance increased because property tax were received. In May the General Fund balance was $10M which is above the requirement. In June the General Fund balance went down to $6.9M which is below the $8.9M requirement. In July the General Fund balance went down further to $5.5M, which is $3.3M below the requirement. He then looked at the Contingency Reserve. In December 2022 the requirement was 4% of the General Fund total expenses at the time which was equivalent to $1.9M. At that time, the Contingency Reserve Fund balance was $1.7M which was below the requirement. For January through May, the Contingency Fund balance was $1.78M which was also below the requirement of $2.28M. That increased in June and July to $2.28M which is the requirement of 4% of total General Fund expenditure which was adopted with the 2023 budget. Councilmember Chen reviewed ARPA on the dashboard, observing the City still has approximately $8M. The city council and the administration will be thinking about how those resources can be used to deliver benefits to the City. Some of the numbers on the dashboard are not available such as total assets and total liability, those numbers are made available once a year. The administration is working on the 2024 budget; the council needs to think about how to keep the City operating with sufficient funds, knowing that reserves are being used to fund operations. Councilmember Buckshnis commented the General Fund is funded primarily from property taxes which come in twice a year. That leads to extreme fluctuations in the General Fund because expenses outpace revenues until all the property taxes are received in November. The Fund Balance Policy does not require reserves be calculated monthly for that reason. Finance Director Truly has explained this many times. She expressed concern that quarterly reports have turned into monthly reports and there is no longer a narrative with highlights or General Fund changes in fund balances. She noted the changes in fund balance go back to 2018 where there was a trend of expenses outpacing revenues even with expensive property taxes. It is time to look at what administration provides in the budget. There is currently a deficit of about $4.9M. She hoped future councils would be consistent in requiring general reports. It took a long time to codify the monthly reports and now these general reports provide a narrative summary. It will be interesting when the budget comes out based on trends. She suggested the mid -year review also include projections. She wished the administration had been part of this discussion to answer some of these questions. Councilmember Paine found the financial dashboard very helpful. At the last Finance Committee meeting, Mr. Turley talked about the fund balance and reserves. The 35-page report provides a great deal of information but it is difficult to pull out specifics in a simple, graphic format. She liked having the ARPA funds identified in the dashboard. She expressed interest in spending more time talking about the dashboard and determining if it was helpful for all councilmembers, but felt it was a marvelous start to keep track of finances on a monthly or quarterly basis. She recalled Mr. Turley telling the Finance Committee that it would not be challenging for him to provide this information. Edmonds City Council Draft Minutes September 19, 2023 Page 14 Packet Pg. 58 8.1.a Councilmember Nand asked if there would be specific training on the dashboard. Councilmember Chen answered yes. Councilmember Nand said that would be extremely helpful for the council even if it had to be noticed as a public meeting. Councilmember Chen suggesting doing it in two groups. Mayor Pro Tern Tibbott said there was also discussion about doing it in a community forum. Mayor Pro Tern Tibbott emphasized Councilmember Paine's comments, that Mr. Turley was very supportive of the dashboard and looked forward to working with council to provide that information and other information councilmembers have asked for. He expected projections would be provided within the next 2-3 weeks when the budget comes to the council. 3. LETTER TO GOVERNOR INSLEE REGARDING UNOCAL PROPERTY Councilmember Teitzel relayed he and Councilmember Buckshnis have been working on this for several months. The issue is how to best proceed with the Unocal property issue and incorporate that property into the marsh. The overarching goal is to restore the marsh for salmon habitat including endangered Chinook salmon and create greater wildlife refuge and public enjoyment, goals the council and state legislators share. On April 18, the council voted to draft a letter to Governor Inslee requesting exploration of option related to ownership of the marsh and restoration. On May 23, in addition to approving an MOU with WSDOT that outlines a potential path to purchase the property, the council reviewed a draft letter to Governor Inslee that he and Councilmember Buckshnis prepared. Concern was expressed that evening by some councilmembers that WSDOT should be notified of the request to meet with the governor before sending a letter requesting a meeting. Later that evening, council voted to table the letter to the governor until WSDOT was notified. A letter to WSDOT was created and sent on August 2. Secretary Millar's response to the council's letter was received on August 22 and is included in the packet. In consulting with City Clerk Scott Passey about whether the issue needed to be untabled, he advised a tabled issue is no longer valid if it is not untabled by the following meeting. Nothing was done at the next meeting so this is presented as a new issue and does not require untabling per Roberts Rules. The letter to Governor Inslee, contained in the council packet, has been revised to clarify the meeting with the governor is strictly to explore options about the Unocal property and does not propose a recommendation. COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCIL PRESIDENT PRO TEM OLSON, THAT COUNCIL APPROVE THE LETTER TO THE GOVERNOR TO REQUEST A MEETING TO EXPLORE OWNERSHIP AND RESTORATION OPTIONS FOR THE UNOCAL PROPERTY. Councilmember Teitzel said he cannot emphasize enough that the primary objective, regardless of who owns the Unocal property, is to ensure the marsh including the Unocal property is fully restored for salmon recovery including recovery of the threated Chinook salmon, the primary food source for the southern resident Orca population; wildlife refuge; environmental preservation; and public enjoyment which are among the governor's and Edmond's highest priorities. Edmonds retains the first right of purchase of the Unocal property from WSDOT per the MOU approved by council on May 23 and per the terms of the state's 2023-2025 biennial budget. Councilmember Teitzel continued, the Unocal property is undergoing monitoring by the Department of Ecology to determine whether the pollutant cleanup has met Ecology's standards. Once Ecology certifies their standards have been meet satisfactorily, which is expected in early 2024, the title to the Unocal property will transfer to WSDOT. Once that happens, WSDOT has made it clear they will sell the property as surplus as soon as possible after receiving title. Part of Edmonds' due diligence on behalf of taxpayers needs to be to determine the most cost effective means of restoration for that property. By law, Edmonds City Council Draft Minutes September 19, 2023 Page 15 Packet Pg. 59 8.1.a WSDOT is required to sell the property at fair market value. Under current zoning, the price to Edmonds will likely be in excess of $20M for the 20+ acres of view property near the waterfront, excluding any costs for restoration. If the state retains ownership, it has the resources and expertise that Edmonds does not have to drive estuary restoration and potentially remediate addition pollution issues. Councilmember Teitzel continued, a meeting with the governor would be an excellent opportunity to highlight a generational opportunity to restore the largest tidally influenced estuary between Olympia and Everett and support the state's highest priorities. The Edmonds Marsh, when the Unocal property is included, would be the largest tidally influenced estuary between Olympia and Everett. If the governor is interested in the state retaining ownership, the property could simply be transferred from WSDOT to another state agency and if he is not interested in the state retaining ownership, Edmonds will simply pursue the purchase option process outlined in the MOU. He requested council approve the letter to the governor contained in the packet. Councilmember Paine said she was not in support of the letter, fearing it would muddle the discussion at the state level when the City has first right of refusal per the proviso for two years and also has an MOU with WSDOT. She was uncertain that meeting with the governor was feasible and feared options in the letter will muddy the issue and not advance anything. Other state agencies have already passed on the property. Governor Inslee is outgoing; the state has already approved a 2-year budget so their work plans are already in place so asking for a shift does not make practical sense. Councilmember Paine continued, the proposed estimated cost is speculative; there is no firm basis for the $20M cost. There are no plans to change land uses other than what is done as a result of the comprehensive plan. She did not support sending the letter to Governor Inslee and hoped councilmembers would recognize a meeting with Governor Inslee was unlikely to happen as he is outgoing, the state already has work plans in place in accordance with their budget, and the City already has the MOU and proviso in place. There is a firm path in place and she did not think the letter would advance anything, especially listing options that are already off the table. She hoped councilmembers would not support the letter. Councilmember Buckshnis disagreed with Councilmember Paine. Puget Sound Partnership Salmon Recovery Council is very interested in addressing this and in strategic planning with Governor Inslee. Not only is this a state priority, it is also a federal priority as well as tribal priority. Puget Sound Partnership Salmon Recovery Council and WRIA 8 are copied on the letter and it does not muddy the waters. Sitting down with the governor to describe the issue including a defunct project that WSDOT mothballed, and methods and measures such as the EPA's Clean Water Act whereby the City would not be responsible for any contamination. There is a lawsuit that was not brought forth when the City signed the MOU related to the purchase. There are agreements in place related to the WSDOT pipe and if the covenants related to the pipe are restrictive, it could be very expensive to clean up. EPA has programs and is willing to meet with the City. She did not see anything wrong with attempting to save Edmonds' taxpayers money and utilize the wishes of the tribes related to net ecological gain and the Puget Sound Partnership to act on the City's behalf. She summarized there was no harm, no foul by sending the letter to Governor Inslee. Council President Pro Tem Olson commented with all the movement and decisions about when this was going to come forward, it ended up being fortuitous that it happened the same night as the presentation on Ballinger Park, a regional asset which is absolutely what the marsh is. Although when push comes to shove, the City may have to go it alone due to their passion for the marsh, she believed having it owned and managed by the state with great input and interest from the City would be a more favorable approach. The letter's authors did a good job; you cannot get what you don't ask for. She was excited about sending the letter and encouraged people with more political power to get on board to help the council get an audience with the governor and strengthen the City's position. She expressed support for the letter. Edmonds City Council Draft Minutes September 19, 2023 Page 16 Packet Pg. 60 8.1.a Councilmember Nand thanked Councilmembers Buckshnis and Teitzel for their hard work on the letter, noting one of the strengths of the council is they can disagree on substance and still be quite civil and be willing to listen to each other. She relayed her concerns with the letter; it is misdirected to Governor Islee. She recalled at an event with Governor Inslee months ago, she attempted to talk to him about an issue near and dear to her heart, humane agricultural laws, and he said he knew nothing about it so she felt it was a wasted opportunity. Governor Inslee is very busy with people throwing thousands of ideas at him all the time because he is the most powerful person in the state. The letter would be better directed by working though the delegation in the 21 and 32 districts and possibly Snohomish County Council, rather than bypassing WSDOT and the delegation and shooting an arrow in sky in hopes of getting the governor's attention. She encouraged the authors to write to the delegation and work with the City's lobbyist to request an audience with agency heads within Governor Inslee's administration like Secretary Millar who may be substantively more well versed on the subject of the Edmonds Marsh and the potential for habitat restoration for salmon runs and the impact it could have on the southern resident killer whales which is an area of high regional interest. In the previous letter to Secretary Millar, he had no interest in meeting with the City. Working through available avenues could result in more success. Councilmember Chen asked if sending this letter would legally hurt the City's relationship with the state and the MOU that has already been signed. City Attorney Jeff Taraday answered legally speaking, the letter does not cause any problem with the MOU. The MOU is nonbinding so legally he was not concerned. The relationship is something he cannot accurately foresee; there were so many complexities that he did not have an opinion. Councilmember Paine relayed there is a great deal of appreciation at the federal delegation; Senator Cantwell has offered technical support for grants from federal agencies. Representative Larsen visited the marsh a few weeks ago and was very impressed with what can happen and he has great vision. There is no way tribal representation will not be included. Councilmember Buckshnis' work with WRIA 8 over the years has created great relationships. She did not see this extra step of asking for a meeting with Governor Inslee and offering options would be helpful and she encouraged councilmembers to decline sending the letter. Councilmember Buckshnis provided historical information. The connector was part of the mitigation for the marsh. City representatives met with Governor Inslee and his staff in Washington D.C. regarding the Edmonds Marsh nearshore estuary so he and his staff are aware of it. As Councilmember Paine stated, Senator Cantwell has been very supportive. The Meadowdale Beach Park got $3.5M in transportation money for the railroad trestle. Representative Larsen is also interested. However, those people cannot address transferring the property to another agency. The governor is very aware of the Edmonds Marsh and had a meet and greet with a prominent citizen and many members of the marsh group have met with him and provided information so saying he is not aware of the marsh is not a correct statement. With regard to Councilmember Nand's comment about the governor not knowing anything about humane agriculture, she admitted she didn't know anything about that either. Councilmember Buckshnis said it does not hurt to try. She has support from Puget Sound Partnership Salmon Recovery Council, the tribes, and WIRA 8 who all think this may be an avenue to pursue because at the federal level, EPA has some good remediation that deals with contamination and property ownership. This may come down to the pipe that WSDOT owns that may have to be removed and the associated contaminants. She summarized it would be great to meet with the governor and she looked forward to the council's support of the letter. Councilmember Teitzel commented there will be a very significant project at marsh. If the City purchases the property, it will cost tens of millions of dollars. The council has an obligation to the taxpayers to be Edmonds City Council Draft Minutes September 19, 2023 Page 17 Packet Pg. 61 good financial stewards. If the state, via the governor, decided to retain ownership and take on the significant costs because their resources are most more robust than the City's, that would protect Edmonds' taxpayers. At the end of the day, achieving restoration of the entire marsh including the Unocal property, regardless of who owns it, will be a win for the state, the City, citizens, wildlife and salmon. He urged councilmembers to vote yes on the motion. MOTION CARRIED (5-1-0), COUNCILMEMBERS TEITZEL, CHEN, BUCKSHNIS, COUNCIL PRESIDENT PRO TEM OLSON AND MAYOR PRO TEM TIBBOTT VOTING YES; COUNCILMEMBER PAINE VOTING NO, AND COUNCILMEMBER NAND ABSTAINING. 10. MAYOR'S COMMENTS Mayor Pro Tem Tibbott commented it had been a very interesting evening. He thanked councilmembers for preparing for the special meeting regarding the CIP/CFP and tonight's meeting. 11. COUNCIL COMMENTS Council President Pro Tern Olson expressed appreciation for technical staff for allowing her to attend the meeting while in Florida this week. Councilmember Nand highlighted a petition being circulated by the Indian Association of Western Washington (IAWW). She read their Facebook post, "The Indian American Community Services IACS is deeply disturbed at the lack of transparency from SPD on the investigation into the death of Jaahnavi Kandula as well as the unacceptable and reckless comments made by Officer Auderer about her death. We demand that SPD officers be held accountable for behaviors that show a callous disregard for human life. Please sign on to the petition from IACS with accountability asks from SPD and City of Seattle." Councilmember Nand explained this organization is rooted in the local Indian American community. This case has gained national and international attention due to outrage by comments by an officer involved in the investigation into the death of Jaahnavi Kandula. She has been following this case since Jaahnavi Kandula was killed in an automobile collision with an SPD officer in January. For anyone who had a strong reaction when they heard the comments made by the SPD officer about Jaahnavi Kandula's life only being worth $11,000 and having limited value due to her age, she strongly encouraged them to go to the Change.org petition that is being put forward by the IACS which respectfully asks SPD to cooperate with the organization's request for accountability from the officers involved in striking and killing Jaahnavi Kandula and the investigation which IACS believes is inadequate. Councilmember Buckshnis expressed appreciation for the interesting emails she receives. Her days on the council are numbered and she is looking forward to not getting 50-60 emails/day. She gave the Chamber of Commerce an A+ on car show this year which featured over 350 cars. The show was well done, it was a perfect day with perfect cars and everyone having good time. She plans to donate to the Chamber for next year's car show. Councilmember Paine commented Porchfest was a lot of fun; everyone was smiling, there was great music, and lots of people. She hoped the event would continue in the future. She and other councilmembers and the mayor participated in a bike ride last week sponsored by Edmonds Bicycle Advocacy group to look at the possibly of Edmonds submitting a grant proposal to study a non -motorized path across SR-104 approximately where there is a PUD right-of-way which would offer great connectivity for bike riders from Shoreline into Edmonds, onto the Interurban Trail and other parts of Edmonds, and the light rail station. It is an interesting project, still in the dream stage. She noted it was her first opportunity to ride an e-bike which was very fun. Edmonds City Council Draft Minutes September 19, 2023 Page 18 Packet Pg. 62 8.1.a Councilmember Teitzel reported he also participated in bike ride with the Edmonds Bicycle Advocacy group, the first time he has been on bike in about 10 years. The Interurban Trail is a great resource, an even greater resource with access from the trail to Ballinger Park. The Interurban Trail currently terminates on the north and south sides of SR-104 and there is no convenient or safe way for pedestrians or bicyclists to cross SR-104. The notion would be to connect those two with a low profile pedestrian/bicycle bridge. It is an exciting idea, but as Councilmember Paine mentioned it is a new notion in dream stage. Mayor Nelson, and members of the Shoreline and Mountlake Terrace City Council also participated in the bike ride, a good, collegial event and an exciting concept. Councilmember Chen reported he also enjoyed the bike ride, relaying on the way back from Edmonds to Shoreline crossing SR-104, he almost made the hill. The ride was fun and included participation from Mountlake Terrace and Shoreline, three Edmonds councilmembers and the mayor. The project has great potential; the next step is for one of the cities to lead a study to build a pedestrian/bicycle bridge. Councilmember Chen expressed his appreciation to the community for their support of Oktoberfest last weekend. The event generated over $60,000 which is a tremendous success. The event funds many programs including the second chance scholarship at Edmonds College to help students who have experienced homelessness. 12. ADJOURN With no further business, the council meeting was adjourned at 9:07 p.m. Edmonds City Council Draft Minutes September 19, 2023 Page 19 Packet Pg. 63 8.2 City Council Agenda Item Meeting Date: 09/26/2023 Approval of claim checks and wire payment. Staff Lead: Dave Turley Department: Administrative Services Preparer: Nori Jacobson Background/History Approval of claim checks #259248 through #259359 dated September 21, 2023 for $1,133,590.87 and wire payments of $30,664.97 & $18,514.50. Staff Recommendation Approval of claim checks and wire payments. Narrative The Council President shall be designated as the auditing committee for the city council. The council president shall review the documentation supporting claims paid and review for approval by the city council at its next regular public meeting all checks or warrants issued in payment of any claim, demand or voucher. A list of each claim, demand or voucher approved and each check or warrant issued indicating the check or warrant number, the amount paid and the vendor or payee shall be filed in the city council office for review by individual councilmembers prior to each regularly scheduled public meeting. Attachments: Claims 09-21-23 agenda copy Packet Pg. 64 8.2.a apPosPay Positive Pay Listing Page: 1 9/21/2023 9:22:58AM City of Edmonds Document group: jacobson Vendor Code & Name Check # Check Date Amount 079330 76 INVESTMENT LLC 259248 9/21/2023 7,000.00 076040 911 SUPPLY INC 259249 9/21/2023 975.25 065052 AARD PEST CONTROL 259250 9/21/2023 493.94 000135 ABSCO ALARMS INC 259251 9/21/2023 165.58 065568 ALLWATER INC 259252 9/21/2023 59.12 073573 ANIXTER 259253 9/21/2023 74.73 069751 ARAMARK UNIFORM SERVICES 259254 9/21/2023 444.43 069751 ARAMARK UNIFORM SERVICES 259255 9/21/2023 164.60 070305 AUTOMATIC FUNDS TRANSFER 259256 9/21/2023 382.50 079386 AUTOMOTIVE TRAINING AUTHORITY 259257 9/21/2023 498.00 066891 BEACON PUBLISHING INC 259258 9/21/2023 3,777.00 076260 BELAIR, ROGER 259259 9/21/2023 995.00 012005 BENDIKSEN & BALL POLYGRAPH 259260 9/21/2023 600.00 028050 BILL PIERRE FORD INC 259261 9/21/2023 122.82 074307 BLUE STAR GAS 259262 9/21/2023 1,359.12 002800 BRAKE & CLUTCH SUPPLY 259263 9/21/2023 445.27 065565 BUD CLARY FORD HYUNDAI 259264 9/21/2023 150,791.13 072571 BUILDERS EXCHANGE 259265 9/21/2023 50.85 073851 C-N-I LOCATES LTD 259270 9/21/2023 330.00 073029 CANON FINANCIAL SERVICES 259266 9/21/2023 1,401.84 075092 CASCADE BICYCLE CLUB ED FNDN 259267 9/21/2023 2,000.00 003510 CENTRAL WELDING SUPPLY 259268 9/21/2023 347.08 074537 CITY OF BELLEVUE 259269 9/21/2023 8,325.04 072050 COMMUNITY TRANSIT 259271 9/21/2023 13,648.20 076107 COMPASS HEALTH 259272 9/21/2023 11,380.57 078329 COMPENSATION CONNECTIONS LLC 259273 9/21/2023 6,360.00 064531 DINES, JEANNIE 259274 9/21/2023 612.00 061384 DRIFTWOOD PLAYERS 259275 9/21/2023 5,000.00 007675 EDMONDS AUTO PARTS 259276 9/21/2023 44.16 076610 EDMONDS HERO HARDWARE 259277 9/21/2023 296.73 038500 EDMONDS SENIOR CENTER 259278 9/21/2023 5,000.00 008705 EDMONDS WATER DIVISION 259280 9/21/2023 77,414.19 008812 ELECTRONIC BUSINESS MACHINES 259281 9/21/2023 624.81 009350 EVERETT DAILY HERALD 259282 9/21/2023 184.04 079361 FEAREY 259283 9/21/2023 16,910.25 009815 FERGUSON ENTERPRISES INC 259284 9/21/2023 2,585.70 072493 FIRSTLINE COMMUNICATIONS INC 259285 9/21/2023 292.83 079381 FOTHERINGHAM, BROOKE 259286 9/21/2023 1,000.00 072634 GCP WW HOLDCO LLC 259287 9/21/2023 702.19 074358 GEO-TEST SERVICES 259288 9/21/2023 694.80 068617 GLEISNER, BARBARA 259289 9/21/2023 2,342.08 076462 GREAT FLOORS LLC 259290 9/21/2023 4,924.33 074722 GUARDIAN SECURITY SYSTEMS 259291 9/21/2023 66.85 076294 HARRIS ISUZU 259292 9/21/2023 26.53 064357 HARTMAN, EDMUND 259293 9/21/2023 700.00 070673 HID GLOBAL CORPORATION 259294 9/21/2023 1,872.56 078923 HKAGLOBAL INC 259295 9/21/2023 3,363.75 079385 HODUM, PETER JOHN 259296 9/21/2023 100.00 067862 HOME DEPOT CREDIT SERVICES 259297 9/21/2023 225.83 061013 HONEY BUCKET 259298 9/21/2023 275.00 069733 ICONIX WATERWORKS INC 259299 9/21/2023 3,998.00 075479 IDAX 259300 9/21/2023 10,000.00 014940 INTERSTATE BATTERY SYSTEMS 259301 9/21/2023 301.75 Page: 1 Packet Pg. 65 8.2.a apPosPay Positive Pay Listing 9/21/2023 9:22:58AM City of Edmonds Document group: jacobson Vendor Code & Name Check # Check Date Amount 077218 INTRADO INTERACTION SVC CORP 259302 9/21/2023 4,530.50 071137 KIDZ LOVE SOCCER 259303 9/21/2023 4,150.90 017135 LANDAU ASSOCIATES INC 259304 9/21/2023 10,790.82 074158 LASER UNDERGROUND & EARTHWORKS 259305 9/21/2023 242,150.39 075159 LIFE INSURANCE CO OF NO AMER 259306 9/21/2023 16,176.49 079166 MADRONA LAW GROUP PLLC 259307 9/21/2023 59.00 075716 MALLORY PAINT STORE INC 259308 9/21/2023 1,047.59 078951 MCARTHUR, ELIZABETH 259309 9/21/2023 121.70 076177 MCKINSTRY LOCKBOX 259310 9/21/2023 43,109.73 079172 MCMILLIN, DANIELJ 259311 9/21/2023 600.00 020900 MILLERS EQUIP & RENT ALL INC 259312 9/21/2023 805.98 020900 MILLERS EQUIP & RENT ALL INC 259313 9/21/2023 2,587.29 020905 MILLIMAN INC 259314 9/21/2023 31,500.00 018950 NAPA AUTO PARTS 259315 9/21/2023 12.25 024302 NELSON PETROLEUM 259316 9/21/2023 182.97 075542 NORTHWEST LANDSCAPE SUPPLY 259317 9/21/2023 110.60 064215 NORTHWEST PUMP & EQUIP CO 259318 9/21/2023 296.27 067868 NW TANK & ENVIRONMENTAL 259319 9/21/2023 191.78 072739 O'REILLYAUTO PARTS 259323 9/21/2023 67.02 068600 OGAARD, BARBARA 259320 9/21/2023 100.00 026015 OLYMPIC BALLET THEATRE 259321 9/21/2023 4,000.00 077389 OLYMPIC ELEVATOR COMPANY 259322 9/21/2023 808.86 068451 OSW EQUIPMENT & REPAIR LLC 259324 9/21/2023 25,239.06 072507 PEACE OF MIND OFFICE SUPPORT 259325 9/21/2023 196.00 079337 PEORIA FORD 259326 9/21/2023 52,685.00 074793 PETDATA INC 259327 9/21/2023 114.20 028860 PLATT ELECTRIC SUPPLY 259328 9/21/2023 1,023.97 071811 PONY MAIL BOX & BUSINESS CTR 259329 9/21/2023 45.39 078800 POPA & ASSOCIATES 259330 9/21/2023 900.00 071559 PUBLIC SAFETY PSYCHOLOGICAL SV 259331 9/21/2023 900.00 062657 REGIONAL DISPOSAL COMPANY 259332 9/21/2023 8,349.39 066786 RELIABLE SECURITY SOUND & DATA 259333 9/21/2023 9,239.18 068657 ROBERT HALF 259334 9/21/2023 5,878.56 064769 ROMAINE ELECTRIC 259335 9/21/2023 339.28 079174 SAVANNAH POWERS 259336 9/21/2023 514.50 079387 SAYBR CONTRACTORS INC 259337 9/21/2023 78,544.91 063306 SHERWIN-WILLIAMS 259338 9/21/2023 107.13 037375 SNO CO PUD NO 1 259339 9/21/2023 25,965.42 038100 SNO-KING STAMP 259341 9/21/2023 66.74 006630 SNOHOMISH COUNTY 259340 9/21/2023 1,449.00 068439 SPECIALTY DOOR SERVICE 259342 9/21/2023 1,198.93 075971 STEEL MAGIC NORTHWEST 259343 9/21/2023 4,000.00 072319 SUNSET BAY RESORT 259344 9/21/2023 47,046.30 040917 TACOMA SCREW PRODUCTS INC 259345 9/21/2023 1,283.49 079136 THE GORDIAN GROUP INC 259346 9/21/2023 7,961.25 072649 THE WIDE FORMAT COMPANY 259347 9/21/2023 232.05 070275 TONYANGELL INC 259348 9/21/2023 100.00 078203 TOTAL TESTING 259349 9/21/2023 40.00 071549 UNIVAR SOLUTIONS USA INC 259350 9/21/2023 2,395.31 045912 WASPC 259351 9/21/2023 1,125.00 075635 WCP SOLUTIONS 259352 9/21/2023 1,379.12 073552 W ELCO SALES LLC 259353 9/21/2023 844.64 074609 WEST COAST ARMORY NORTH 259354 9/21/2023 234.00 069691 WESTERN SYSTEMS 259355 9/21/2023 2,319.20 Page: 2 Packet Pg. 66 apPosPay 9/21/2023 9:22:58AM Positive Pay Listing City of Edmonds Document group: jacobson Vendor Code & Name Check # Check Date Amount 079083 WESTWATER CONSTRUCTION COMPANY 259356 9/21/2023 132,613.64 071634 ZAYO GROUP LLC 259357 9/21/2023 1,829.36 078389 ZENNER USA 259358 9/21/2023 1,153.56 011900 ZIPLY FIBER 259359 9/21/2023 1,126.70 GrandTotal: 1,133,590.87 Total count: 111 vi c d E a m L �3 y Y V d t C,1 E V O CE O L CL Q. Q Q Q V M _ d M N T- N M O N E U _ d E t v Q Page: 3 Packet Pg. 67 8.3 City Council Agenda Item Meeting Date: 09/26/2023 Approval of payroll and benefit checks, direct deposit and wire payments. Staff Lead: Dave Turley Department: Administrative Services Preparer: Lori Palmer Background/History Approval of payroll checks #65797 through #65809 dated September 20, 2023 for $22,246.37, payroll direct deposit for $826,911.37, benefit checks #65810 through #65816 and wire payments for $801,658.05 for the pay period of September 1, 2023 through September 15, 2023. Staff Recommendation Approval of payroll and benefit checks, direct deposit and wire payments. Narrative In accordance with the State statutes, City payments must be approved by the City Council. Ordinance #2896 delegates this approval to the Council President who reviews and recommends either approval or non -approval of payments. Attachments: benefit checks summary 09-15-2023 payroll earnings summary 09-15-2023 Packet Pg. 68 Benefit Checks Summary Report City of Edmonds Pay Period: 1,103 - 09/01/2023 to 09/15/2023 Bank: usbank - US Bank Check # Date Payee # Name Check Amt Direct Deposit 65810 09/20/2023 bpas BPAS 5,750.51 0.00 65811 09/20/2023 chap1 CHAPTER 13 TRUSTEE 175.00 0.00 65812 09/20/2023 epoa2 EPOA-POLICE 6,486.00 0.00 65813 09/20/2023 epoa3 EPOA-POLICE SUPPORT 764.76 0.00 65814 09/20/2023 icma MISSIONSQUARE PLAN SERVICES 6,157.81 0.00 65815 09/20/2023 flex NAVIA BENEFIT SOLUTIONS 4,180.61 0.00 65816 09/20/2023 teams TEAMSTERS LOCAL 763 5,960.00 0.00 29,474.69 0.00 Bank: wire - US BANK Check # Date Payee # Name Check Amt Direct Deposit 3569 09/20/2023 awc AWC 418,224.21 0.00 3575 09/20/2023 us US BANK 163,331.63 0.00 3576 09/20/2023 mebt WTRISC FBO #N3177B1 148,844.36 0.00 3578 09/20/2023 pb NATIONWIDE RETIREMENT SOLUTION 6,598.00 0.00 3579 09/20/2023 wadc WASHINGTON STATE TREASURER 34,480.16 0.00 3581 09/20/2023 oe OFFICE OF SUPPORT ENFORCEMENT 705.00 0.00 772,183.36 0.00 Grand Totals: 801,658.05 0.00 8.3.a 0 a E 0 $D L_ Q s 0 0 c m c cU 0 L M CL 4- 0 M 0 L Q a Q M N 0 N LO rn 0 CU E E n N N Q s 0 m c m c m E t 0 c� r r Q 9/18/2023 Packet Pg. 69 Payroll Earnings Summary Report City of Edmonds Pay Period: 1,103 (09/01/2023 to 09/15/2023) Hour Type Hour Class Description Hours Amount 112 ABSENT NO PAY NON HIRED 120.00 0.00 120 SICK SICK LEAVE - L & 1 71.00 2,920.40 121 SICK SICK LEAVE 472.85 23,790.89 122 VACATION VACATION 1,173.50 63,137.93 123 HOLIDAY HOLIDAY HOURS 172.00 8,106.95 125 COMP HOURS COMPENSATORY TIME 175.25 8,458.68 128 HOLIDAY Holiday Bank WWTP 120.50 5,434.82 129 SICK Police Sick Leave L & 1 84.00 4,602.50 131 MILITARY MILITARY LEAVE 36.00 2,346.64 141 BEREAVEMENT BEREAVEMENT 80.00 4,139.13 150 REGULAR HOURS Kelly Day Used 69.00 3,372.22 152 COMP HOURS COMPTIME BUY BACK 35.00 1,858.90 155 COMP HOURS COMPTIME AUTO PAY 92.13 4,812.05 157 SICK SICK LEAVE PAYOFF 54.00 3,610.89 158 VACATION VACATION PAYOFF 90.65 6,061.61 160 VACATION MANAGEMENT LEAVE 71.00 5,650.12 190 REGULAR HOURS REGULAR HOURS 17,522.15 885,877.26 193 REGULAR HOURS LIGHT DUTY 45.00 2,241.54 194 SICK Emerqency Sick Leave 282.25 13,456.50 195 REGULAR HOURS ADMINISTRATIVE LEAVE 100.00 5,539.83 210 OVERTIME HOURS OVERTIME -STRAIGHT 136.75 7,519.13 215 OVERTIME HOURS WATER WATCH STANDBY 48.00 3,363.68 216 MISCELLANEOUS STANDBY TREATMENT PLANT 4.00 472.47 220 OVERTIME HOURS OVERTIME 1.5 676.75 58,060.16 225 OVERTIME HOURS OVERTIME -DOUBLE 28.00 2,751.71 400 MISCELLANEOUS MISC PAY 0.00 2,000.00 410 MISCELLANEOUS WORKING OUT OF CLASS 0.00 948.96 411 SHIFT DIFFERENTIAL SHIFT DIFFERENTIAL 0.00 2,262.59 600 RETROACTIVE PAY RETROACTIVE PAY 0.00 1,250.76 602 COMP HOURS ACCRUED COMP 1.0 168.50 0.00 604 COMP HOURS ACCRUED COMP TIME 1.5 135.50 0.00 606 COMP HOURS ACCRUED COMP 2.0 4.00 0.00 acc MISCELLANEOUS ACCREDITATION PAY 0.00 196.90 acs MISCELLANEOUS ACCRED/POLICE SUPPORT 0.00 241.92 colre MISCELLANEOUS Collision Reconstruction ist 0.00 54.76 09/18/2023 Packet Pg. 70 Payroll Earnings Summary Report City of Edmonds Pay Period: 1,103 (09/01/2023 to 09/15/2023) Hour Type Hour Class Description Hours Amount cpl MISCELLANEOUS crt MISCELLANEOUS ctr MISCELLANEOUS deftat MISCELLANEOUS det MISCELLANEOUS det4 MISCELLANEOUS ed1 EDUCATION PAY ed2 EDUCATION PAY ed3 EDUCATION PAY firear MISCELLANEOUS hol HOLIDAY k9 MISCELLANEOUS less MISCELLANEOUS Iq1 LONGEVITY Ig11 LONGEVITY Ig12 LONGEVITY Ig13 LONGEVITY Ig14 LONGEVITY Iq2 LONGEVITY PAY Iq4 LONGEVITY Iq5 LONGEVITY Iq7 LONGEVITY mtc MISCELLANEOUS pfmp ABSENT pfmv VACATION phy MISCELLANEOUS sqt MISCELLANEOUS slw SICK st REGULAR HOURS str MISCELLANEOUS traf MISCELLANEOUS vap VACATION TRAINING CORPORAL 0.00 201.58 CERTIFICATION III PAY 0.00 113.61 CTR INCENTIVES PROGRAM 0.00 260.00 DEFENSE TATICS INSTRUCTOR 0.00 94.36 DETECTIVE PAY 0.00 138.08 Detective 4% 0.00 964.64 EDUCATION PAY 2% 0.00 855.06 EDUCATION PAY 4% 0.00 420.60 EDUCATION PAY 6% 0.00 10,326.04 FIREARMS INSTRUCTOR 0.00 348.87 HOLIDAY 1,429.86 74,708.26 K-9 PAY 0.00 138.08 LESS LETHAL INSTRUCTOR 0.00 98.73 LONGEVITY PAY 2% 0.00 871.73 LONGEVITY PAY 2.5% 0.00 1,477.09 Lonqevity 9% 0.00 1,836.83 Lonqevity 7% 0.00 1,349.83 Lonqevity 5% 0.00 777.69 LONGEVITY PAY 4% 0.00 346.28 Lonqevity 1 % 0.00 1,228.30 Lonqevity 3% 0.00 2,786.15 Lonqevity 1.5% 0.00 562.08 MOTORCYCLE PAY 0.00 138.08 Paid Family Medical Unpaid/Sup 12.50 0.00 Paid Family Medical Vacation 22.50 1,120.77 PHYSICAL FITNESS PAY 0.00 2,185.98 ADMINISTRATIVE SERGEANT 0.00 219.02 SICK LEAVE ADD BACK 35.00 0.00 Serqeant Pay 0.00 164.27 STREET CRIMES 0.00 219.02 TRAFFIC 0.00 256.75 Vacation Premium 16.00 1,246.95 09/18/2023 Packet Pg. 71 Payroll Earnings Summary Report City of Edmonds Pay Period: 1,103 (09101/2023 to 09/15/2023) Hour Type Hour Class Description Hours 23,583.64 Total Net Pay: Amount $1,239,996.63 $849,157.74 8.3.b 09/18/2023 Packet Pg. 72 8.4 City Council Agenda Item Meeting Date: 09/26/2023 Authorization for Mayor to Sign Interlocal Agreement with Snohomish County regarding Solid Waste Staff Lead: Oscar Antillon Department: Public Works & Utilities Preparer: Royce Napolitino Background/History In 1990, Snohomish County prepared a Comprehensive Solid Waste Management Plan per RCW 70A.205. This plan was updated with the Comprehensive Solid and Hazardous Waste Management Plan in 2001 when interlocal agreements for active involvement in the County's Comprehensive Solid Waste Plan were made with the Cities and Towns of the county. City of Edmonds' Ordinance 2763 approved the plan and Ordinance 2775 further adopted and implemented this plan by amending the Edmond City Code to include 7.70 Solid Waste Recycling. On January 20, 2004, the City entered into an updated interlocal agreement with the County to authorize, administer and implement their Solid Waste Management Plan. This contract is set to expire December 31, 2023. On July 11, 2023, the City received communication from Snohomish County for the renewal of the current interlocal agreement and that said agreement should be signed by the mayor and returned to the County by September 29, 2023. Under the Washington Interlocal Cooperation Act (Chapter 39.34 RCW), the City Council must authorize the mayor to sign an interlocal agreement. Staff Recommendation Approve by consent to authorize the mayor signing of Interlocal Agreement with Snohomish County regarding Solid Waste. Attachments: Solid Waste Management Interlocal Agreement Solid Waste Services Edmonds - Current Ordinance 2763 Ordinance 2775 Packet Pg. 73 8.4.a 2008pp2130271 CONFORMED Cf PGS 0211 J12008 11:13am 0.00 1 OCAL AGREEMENT BE', 0 OMISH COUNTY; SHINGTON 2 SNOHOMISH COUNTY AND ITS CITIES AND TOWNS 3 REGARDING SOLID WASTE MANAGEMENT 0 5 6 WHEREAS, Snohomish County and each of the Cities and Towns 7 executing this Agreement are authorized and directed by Chapter 70.95 RCW to 8 prepare a Comprehensive Solid Waste Management Plan, and are further 9 authorized by Chapter 39.34 RCW to enter into an Interlocal Agreement for the 10 administration and implementation of said Plan; and 11 12 WHEREAS, Snohomish County prepared a Comprehensive Solid Waste 13 Management Plan for the County and Cities and Towns of the county in 1990, and 14 updated that Plan with the active involvement of the Cities and Towns in 2001; and 15 16 WHEREAS, the 2001 Plan update calls for significant improvements to 17 and replacements for existing waste facilities, and the County has entered into a 18 waste export contract that expires in 2013, and in light of these factors long term 19 financial planning is desirable; and CAN — .5-3'7 �a-ai-ao�3 1 Packet Pg. 74 8.4.a I 2 WHEREAS, providing the most effective and efficient system for 3 managing solid waste generated in Snohomish county, including its Cities and 4 Towns, requires use of the solid waste disposal system established by the County 5 and the Comprehensive Plan of the County to the fullest extent possible; 6 7 NOW, THEREFORE, Snohomish County and each of the Cities and Towns signing 8 this Agreement agree as follows: 9 10 1. This Interlocal Agreement entirely replaces the previous Interlocal Agreement- Solid 11 Waste Management that the parties entered into in 1990. 12 13 2. Definitions. For the purposes of this Interlocal Agreement, the following definitions 14 apply: 15 16 2.1."City"/"Town" means a City or Town in Snohomish County, Washington that is a 17 signatory to this Interlocal Agreement Between Snohomish County And Its Cities 18 And Towns Regarding Solid Waste Management. 19 K Packet Pg. 75 8.4.a I 2.2."Comprehensive Solid Waste Management Plan" or "Comprehensive Plan" 2 means the Snohomish County Comprehensive Solid Waste Management Plan issued 3 in March 2002 and as amended from time to time. 0 5 2.3."County" means Snohomish County, Washington. Col 7 2.4."Interlocal Agreement" means this Interlocal Agreement Between Snohomish 8 County and Its Cities and Towns Regarding Solid Waste Management. X 10 2.5."Person" means an individual, firm, association, partnership, political subdivision, 11 government agency, municipality, industry, public or private corporation, or any other 12 entity whatsoever. 13 14 2.6. "Solid Waste" means all putrescible and nonputrescible solid and semisolid 15 wastes including, but not limited to, garbage, rubbish, ashes, industrial wastes, swill, 16 sewage sludge, demolition and construction wastes, abandoned vehicles or parts 17 thereof, and recyclable materials, with the exception of wastes listed in WAC 173- 18 304-015 as may be amended from time to time. 19 3 Packet Pg. 76 8.4.a I 2.7."Solid Waste Handling" means the management, storage, collection, 2 transportation, treatment, utilization, processing, and final disposal of Solid Wastes, 3 including the recovery and recycling of materials from solid wastes, the recovery of 4 energy resources from such wastes or the conversion of the energy in such wastes to 5 more useful forms or combinations thereof, and as such term may be modified by 6 amendments to RCW 70.95.030 (23). 7 8 2.8. "System" means all facilities for Solid Waste Handling owned or operated, or 9 contracted for, by the County, and all administrative activities related thereto. 10 11 3. Responsibilities for Waste Disposal and System For the duration of this Interlocal 12 Agreement, the County shall have the following responsibilities: 13 14 3.1.The County shall continue to provide for the efficient disposal of all Solid Waste 15 generated within unincorporated areas of the County and within each of the Cities and 16 Towns signing this Agreement to the extent, in the manner, and by facilities as 17 described in the Comprehensive Solid Waste Management Plan. The County shall not 18 be responsible for disposal of nor claim that this Agreement extends to Solid Waste 11 Packet Pg. 77 8.4.a 1 that has been eliminated through waste recycling activities in conformity with the 2 Comprehensive Solid Waste Management Plan. 3 4 3.2.The County shall provide for the disposal of household hazardous wastes 5 generated by residential households located in jurisdictions party to this Agreement at 6 the System's existing Moderate Risk Waste Facility, or in another reasonable and 7 similarly convenient manner. 8 9 3.3.The County shall continue to operate the System in a financially prudent manner, 10 minimize fee increases, and use System revenues only for System purposes. 11 12 3.4.The System shall continue to be comprehensive, and include educational and 13 other programs, as defined by the Comprehensive Plan. 14 15 4. Comprehensive Plan. For the duration of this Interlocal Agreement, each City and 16 Town shall participate in the Comprehensive Solid Waste Management Plan prepared 17 and periodically reviewed and revised pursuant to chapter 70.95 RCW as may be 18 amended from time to time, provided that any City or Town shall have the right to 19 prepare or maintain its own comprehensive solid waste management plan and to 5 Packet Pg. 78 8.4.a I assess a solid waste fee on its own residents. For the duration of this Interlocal 2 Agreement each City and Town, in conformity with RCW 70.95.080 (3), as may be 3 amended from time to time, authorizes the County to include in the Comprehensive 4 Solid Waste Management Plan provisions for the management of Solid Waste 5 generated within its corporate limits. 6 7 5. City Designation of County System for Solid Waste Disposal. Each City and Town 8 shall, to the extent permitted by law, designate the County System for the disposal of 9 all Solid Waste generated within the corporate limits of that City or Town, and within 10 the scope of the Comprehensive Plan, and authorize the County to designate a 11 disposal site or sites for the disposal of such Solid Waste except for recyclable and 12 other materials removed from Solid Waste by waste recycling activities in conformity 13 with the Comprehensive Solid Waste Management Plan. This designation of the 14 County System shall continue in full force until December 31, 2023. The designation 15 of the County in this section shall not reduce or otherwise affect each City or Town's 16 control over solid waste collection as permitted by applicable state law. 17 18 6. Enforcement. The County shall be primarily responsible for enforcement of laws and 19 regulations requiring persons to dispose of Solid Waste at sites designated by the 31 Packet Pg. 79 8.4.a County. Each City and Town shall cooperate with the County in its enforcement 2 efforts, and by ordinance shah provide that any person that disposes of Solid Waste generated within that City or Town at a site other than a site designated by the County 4 will be guilty of a misdemeanor, except where such disposal may be otherwise permitted by state law. To the extent legally possible, the County shall be responsible 6 for bringing enforcement actions against persons violating state statutes or County 7 ordinances relating to the disposal of Solid Waste at sites designated by the County. 8 However, in instances in which the County lacks legal authority to bring an 9 enforcement action, and any City or Town possesses that authority, the County may 10 request that City or Town bring such enforcement action. The City or Town shall 11 comply with any such request, or through the exercise of its authority under Chapter 12 35.21 RCW as may be amended from time to time, ensure that Solid Waste generated 13 within the City or Town is disposed of at those sites designated by the County. The 14 County shall pay as System costs all reasonable costs incurred by the City or Town in 15 taking such enforcement or other actions that are requested in writing by the County. 16 17 7. Indemnifications. 18 7.1.The County shall indemnify and hold harmless and defend each City and Town 19 against any and all -claims by third parties arising out of the County's operations of 7 Packet Pg. 80 8.4.a I the System, and have the right to settle those claims by third parties, recognizing that 2 all costs incurred by the County thereby are System costs which must be satisfied 3 from disposal rates. In providing a defense for Cities or Towns, the County shall 4 exercise good faith in that defense or settlement so as to protect the City's or Town's 5 interests. The County's agreement to indemnify the Cities and Towns for any and all 6 claims arising out of the County's operation of the System extends to all claims 7 caused by the actions of officers or agents of the County, including but not limited to 8 actions which constitute misfeasance, or intentional misconduct or wrongdoing, even 9 if the cost of such claims is held by a court of competent jurisdiction to not be a 10 proper cost to the System. For the purpose of this paragraph, "claims arising out of 11 the County's operations" shall include claims arising out of the ownership, control or 12 maintenance of the System, but shall not include claims arising out of the collection 13 of solid waste within the Cities and Towns prior to its delivery to a disposal site 14 designated by the County or other activities under the control of the Cites or Towns. 15 16 7.2.If the County acts to defend a City or Town against a claim, the City or Town 17 shall cooperate with the County. 18 8 Packet Pg. 81 8.4.a 1 7.3. The County shall defend any City or Town against any challenge, whether 2 judicially or before an administrative hearings panel, to the Comprehensive Plan 3 elements adopted pursuant to this Interlocal Agreement. 4 5 7.4.For purposes of this section, reference to a City or Town and to the County shall 6 be deemed to include the officers, agents and employees of any such party, acting 7 within the scope of their authority. 8 9 8. Duration. This Interlocal Agreement shall continue to be in full force and effect until 10 December 31, 2023, unless terminated as described in the following paragraph. 11 12 9. Revision, Amendment Supplementation or Termination This Interlocal Agreement 13 shall be reviewed by the parties in conjunction with any review of the Comprehensive 14 Solid Waste Management Plan. The terms of the Agreement may be revised, 15 amended or supplemented, or the Agreement as a whole may be terminated only upon 16 the written agreement of all signatories to this Agreement executed with the same 17 formalities as the original. No revision, amendment, supplementation or termination 18 shall be adopted or put into effect if it impairs any contractual obligation of the 19 County. 0 Packet Pg. 82 8.4.a I 2 10. Solid Waste Advisory Committee 3 Pursuant to RCW 70.95.165 (3) and RCW 39.34.030 (4), and Snohomish County 4 Code section 7.34, a Solid Waste Advisory Committee shall continue operating as 5 specified in Snohomish County Code. Each City or Town entering into this 6 Agreement shall be represented equally on the Committee, and shall have at least one 7 voting member. 8 9 11. Miscellaneous. 10 11.1 No waiver by any party of any term or condition of this Agreement shall be 11 deemed or construed to constitute a waiver of any other term or condition or of any 12 subsequent breach whether of the same or of a different provision of this Agreement. 13 14 11.2 This Agreement is not entered into with the intent that it shall benefit any city or 15 town not signing this agreement, and no other person or entity shall be entitled to be 16 treated as a third party beneficiary of this Interlocal Agreement. 17 18 12. If any term or condition of this contract or the application thereof to any person(s) or 19 circumstances is held invalid, such invalidity shall not affect other terms, conditions 10 Packet Pg. 83 8.4.a 1 13. This Agreement may be executed in counterparts each of which shall 2 constitute an original and all of which together shall constitute one and the same 3 document. 4 14. Each of the individuals signing this Agreement on behalf of a municipal party 5 to this Agreement certifies that his or her signature has-been authorized by 6 appropriate action by ordinance resolution or otherwise pursuant to the law of that 7 municipality to bind the municipality to the terms of this Agreement 8 9 This Interlocal Agreement has been executed by the parties shown below and is dated 10 as of the V of 2003. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 SNOHOMISH COUNTY BARK SOINE Deputy Executive Count Executive BRIER EDMONDS MUKILTEO SNOHOMISH WOODWAY Etc. APPROVED BY COUNCIL USE ONLY AP WVED BY SNOHOMISH COUNT',Approved: - /' /6 "UY W � ION NO. Or Oocflle: D -l0 a(� ORDINANCE NO. 7 ORDINANCE NO. A 10 Packet Pg. 84 8.4.a 1 13. This Agreement may be executed in counterparts each of which shall 2 constitute an original, and all of which together shall constitute one and the same 3 document. 4 14. Each of the individuals signing this Agreement on behalf of a municipal party 5 to this Agreement certifies that his or her signature has been authorized by 6 appropriate action by ordinance resolution or otherwise pursuant to the law of that 7 municipality to bind the municipality to the terms of this Agreement 8 9 This Interlocal Agreement has been executed by the parties shown below and is dated 10 as of the day o1-- , 2003. 11 12 13 SNOHOMISH COUNTY T COUNCIL USE ONLY 15 Approved: Docfile: O 16 17 18 19 20 21 22 23 24 25 26 DeputMARK SOINE l'ly Executiv County Executive APPROVED BY SNOHOMISH COUNTY ORDINANCE NO. D_ %_/s�7 BRIER EDMONDS MUKILTEO SNOHOMISH WOODWAY Etc. APPROVED BY MOTION++ .9 23/03 .Or ORDINANCE NO. 10 Packet Pg. 85 8.4.a or applications which can be given effect without the invalid term, condition or 2 application. To this end, the terms and conditions of this contract are declared severable. 4 13. This Agreement may be executed in counterparts, each of which shall constitute an 5 original, and all of which together shall constitute one and the same document. 6 14. Each of the individuals signing this Agreement on behalf of a municipality party to 7 this Agreement, certifies that his or her signature has been authorized by appropriate 8 action by ordinance, resolution or otherwise pursuant to the law of that municipality 9 to bind the municipality to the terms of this Agreement. 10 11 This Interlocal Agreement has been executed by the parties shown below and is dated 12 as of the �� (lay of , 2003. 13 SNOHOMISH COUNTY CITY OF ARLINGTON Deputy ExeCutive County Executive Title APPROVED BY APPROVED BY SNOHOMISH COUNTY MOTION NO. ORDINANCE NO. Or ORDINANCE NO. COUNCIL USE ONLY Approved: l' 16' O ,?- Docflle: 11 Packet Pg. 86 8.4.a I or applications which can be given effect without the invalid term, condition or 2 application. To this end, the terms and conditions of this contract are declared 3 severable. 4 13. This Agreement may be executed in counterparts, each of which shall constitute an 5 original, and all of which together shall constitute one and the same document. 6 14. Each of the individuals signing this Agreement on behalf of a municipality party to 7 this Agreement, certifies that his or her signature has been authorized by appropriate 8 action by ordinance, resolution or otherwise pursuant to the law of that municipality 9 to bind the municipality to the terms of this Agreement. 10 This Interlocal Agreement has been executed by the parties shown below and is dated 11 as of the day of .2004. 12 SNOHOMISH COUNTY Aaron Reardon County Executive APPROVED BY SNOHOMISH COUNTY ORDINANCE NO. Appr ved as to form: �% arol J. ei 1 Deputy Ppsecuting Attorney CITY OF ARLINGTON Title APPROVED BY MOTION NO. Or ORDINANCE NO. 11 Packet Pg. 87 8.4.a CITY OF BRIER Title APPROVED BY MOTION NO. Or ORDINANCE NO. TOWN OF DARRINGTON Title APPROVED BY MOTION NO. Or ORDINANCE NO. CITY OF EDMONDS Titles M,9Yo APPROVM BY MOTION -NO. oN /-A0-04 Or ORDINANCE NO. CITY OF EVERETT Title APPROVED BY MOTION NO. Or ORDINANCE NO. 12 Packet Pg. 88 8.4.a CITY OF BRIER Title - U Mery APPROVED BY MOTION NO. o" CQ"rw-A kt. Or ORDINANCE NO. TOWN OF DARRINGTON Title APPROVED BY MOTION NO. Or ORDINANCE NO. CITY OF EDMONDS Title APPROVED BY MOTION NO. Or ORDINANCE NO. CITY OF EVERETT Title APPROVED BY MOTION NO. Or ORDINANCE NO. 12 Packet Pg. 89 8.4.a CITY OF BRIER Title APPROVED BY MOTION NO. Or ORDINANCE NO. TOWN OF DARRINGTON Title APPROVED BY MOTION NO. 'I - I q Or ORDINANCE NO. CITY OF EDMONDS Title APPROVED BY MOTION NO. Or ORDINANCE NO. CITY OF EVERETT Title APPROVED BY MOTION NO. Or ORDINANCE NO. 12 Packet Pg. 90 8.4.a CITY OF GR ITE FALLS T.1 - PROVE BY MOTION ON M A I as )AD06 Or ORDINANCE NO. TOWN OF INDEX Title APPROVED BY MOTION NO. Or ORDINANCE NO. CITY OF EDMONDS Title APPROVED BY MOTION NO. Or ORDINANCE NO. CITY OF LAKE STEVENS Title APPROVED BY MOTION NO. Or ORDINANCE NO. 13 Packet Pg. 91 8.4.a C Y OF GOL BAR 11101\ Pf)bns-, Title _FBI aV or APPROVE15 BY MOTION tl. 4/ c4 Or ORDINANCE NO. CITY OF GRANITE FALLS Title APPROVED BY MOTION NO. Or ORDINANCE NO. TOWN OF INDEX Title APPROVED BY MOTION NO. Or ORDINANCE NO. CITY OF EDMONDS Title APPROVED BY MOTION NO. Or ORDINANCE NO. CITY OF LAKE STEVENS Title APPROVED BY MOTION NO. 13 Packet Pg. 92 8.4.a CITY OF GOLD BAR Title APPROVED BY MOTION NO. Or ORDINANCE NO. CITY OF GRANITE FALLS Title_ APPROVED BY MOTION NO. Or ORDINANCE NO. TOWN OF INDEX �L� A�� Title A yo APPROVED BY MOTION NO. N(,4 Or ORDINANCE NO. u(A CITY OF EDMONDS Title APPROVED BY MOTION NO. Or ORDINANCE NO. CITY OF LAKE STEVENS Title APPROVED BY MOTION NO. 13 Packet Pg. 93 8.4.a CITY OF GOLD BAR Title APPROVED BY MOTION NO. Or ORDINANCE NO. CITY OF GRANITE FALLS Title _ APPROVED BY MOTION NO. Or ORDINANCE NO. TOWN OF INDEX Title APPROVED BY MOTION NO. Or ORDINANCE NO. CITY OF EDMONDS Title APPROVED BY MOTION NO. Or ORDINANCE NO. CITY OF LAKE STEVENS APPROVEBY MOTION NO. �►S ,� r'sn L L rtxa-s'�rrw. 13 Packet Pg. 94 8.4.a 2 CITY F LYNNWOOD 9t�1 Title A o APPROVED BY MOTION NO. Or ORDINANCE NO. CITY OF MARYSVILLE Title _ APPROVED BY MOTION NO. Or ORDINANCE NO. CITY OF MILL CREEK Title APPROVED BY MOTION NO. Or ORDINANCE NO. CITY OF MONROE Title APPROVED BY MOTION NO. Or ORDINANCE NO. 14 Packet Pg. 95 8.4.a Or ORDINANCE NO. CITY OF LYNNWOOD Title APPROVED BY MOTION NO. Or ORDINANCE NO. Y OF MARYSVILLE Title jjUm o r APPROVE BY �)un� 28� 2.00`1� Oz—Cr. DiANGE NQ. CITY OF MILL CREEK Title _ APPROVED BY MOTION NO. Or ORDINANCE NO. CITY OF MONROE Title APPROVED BY MOTION NO. Or ORDINANCE NO. 14 Packet Pg. 96 8.4.a Or ORDINANCE NO. CITY OF LYNNWOOD Title APPROVED BY MOTION NO. Or ORDINANCE NO. CITY OF MARYSVILLE Title APPROVED BY MOTION NO. _ Or ORDIDIANC] NO. APPROVED BY MOTION NO. Or ORDINANCE NO. CITY OF MONROE Title APPROVED BY MOTION NO. Or ORDINANCE NO. 14 Packet Pg. 97 8.4.a Or ORDINANCE NO. CITY OF LYNNWOOD Title APPROVED BY MOTION NO. Or ORDINANCE NO. CITY OF MARYSVILLE Title APPROVED BY MOTION NO. _ Or ORDINANCE NO. CITY OF MILL CREEK Title APPROVED BY MOTION NO. _ Or ORDINANCE NO. CITY OF MONROE Title Mayor 1 1/ 0 S/ n 3 APPROVED BY MOTION NO. x Or ORDINANCE NO. 14 Packet Pg. 98 v 8.4.a CITY O�FMOUNTTLLAKE TERRACE &h - 1 O 1 J,144 ti Title City Manager _ COUNCIL CONSENT CALENDAR JUNE 16, 2003 CITY OF MUKILTEO Title APPROVED BY MOTION NO. Or ORDINANCE NO. CITY OF SNOHOMISH Title APPROVED BY MOTION NO. _ Or ORDINANCE NO. CITY OF STANWOOD Title APPROVED BY MOTION NO. Or ORDINANCE NO. CITY OF SULTAN Title APPROVED BY MOTION NO. Or ORDINANCE NO. 15 Packet Pg. 99 8.4.a I 15 CITY OF MOUNTLAKE TERRACE Title APPROVED BY MOTION NO. Or ORDINANCE NO. Cl' UKILTEO Titl JOE M INE MAYOR APPROVED Y (0 2� o� MOTION NO. AB 2007-68 Or ORDINANCE NO. CITY OF SNOHOMISH Title APPROVED BY MOTION NO. Or ORDINANCE NO. CITY OF STANWOOD Title APPROVED BY MOTION NO. _ Or ORDINANCE NO. Packet Pg. 100 8.4.a ATTEST: By j Torchie Corey, City Clert APPROVED AS To FORM: By Grant K. Weed, City Attorney CITY OF MOUNTLAKE TERRACE Title APPROVED BY MOTION NO. Or ORDINANCE NO, CITY OF MUKILTEO Title APPROVED BY MOTION NO. Or ORDINANCE NO. CIT,Y OF SNOHOMISH Title APPROVED 13Y MOTION NO. Or ORDINANCE NO. CITY OF STANWOOD Title APPROVED BY MOTION NO. Or ORDINANCE NO. CITY OF SULTAN Title APPROVED BY MOTION NO. 15 Packet Pg. 101 8.4.a CITY OF MOUNTLAKE TERRACE Title APPROVED BY MOTION NO. Or ORDINANCE NO. CITY OF MUKILTEO Title APPROVED BY MOTION NO. Or ORDINANCE NO. CITY OF SNOHOMISH Title APPROVED BY MOTION NO. Or ORDINANCE NO. C F STANW Tit e APPROVE B MOTION NO. Or ORDINANCE NO. 15 Packet Pg. 102 8.4.a CITY OF MOUNTLAKE TERRACE Title APPROVED BY MOTION NO. _ Or ORDINANCE NO. CITY OF MUKILTEO Title_ APPROVED BY MOTION NO. Or ORDINANCE NO. CITY OF SNOHOMISH Title APPROVED BY MOTION NO. Or ORDINANCE NO. CITY OF STANWOOD Title APPROVED BY MOTION NO. Or ORDINANCE NO. CITY Q' SULTAN 15 Packet Pg. 103 8.4.a Or ORDINANCE NO. 'brN OF WOO�IyVA G VV Tit e { APPROVE BY MOTION NO. M 9/dk/03 Or ORDINANCE NO. 16 Packet Pg. 104 Chapter 7.70 SOLID WASTE MANAGEMENT http://www.codepubl,* ",�g.com/WA/Edmonds/html/Ed$.4.a Chapter 7.70 SOLID WASTE MANAGEMENT Sections: 7.70.010 Definitions. 7.70.020 Snohomish County system designated. 7.70.030 Unlawful disposal of solid waste. 7.70.040 Interlocal agreement approved. 7.70.010 Definitions. A. "City" means the city of Edmonds, Washington. B. "Comprehensive solid waste management plan" or "comprehensive plan" means the Snohomish County comprehensive solid waste management plan, including a recycling element, as adopted by Snohomish County Motion No. 90-004, and as amended from time to time. C. "County" means Snohomish County, Washington. D. "Interlocal agreement" means the interlocal agreement regarding solid waste disposal site designation, attached and incorporated herein by this reference. E. "Person" means an individual, firm, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever. F. "Solid waste" means solid waste as defined by RCW 70.95.030(16) and WAC 173-304-100(73) with the exception of wastes excluded by WAC 173_304-015. G. "Solid waste handling" means the management, storage, collection, transportation, treatment, utilization, processing, and final disposal of solid wastes, including the recovery and recycling of materials from solid wastes, the recovery of energy resources from such wastes or the conversion of the energy in such wastes to more useful forms or combinations thereof, and as such term may be modified by amendments to RCW 70.95.030(17). H. "System" means all facilities for solid waste handling owned or operated or contracted for by the county, and all administrative activities related thereto. [Ord. 2763 § 1, 1990]. 7.70.020 Snohomish County system designated. A. All solid waste generated within the corporate limits of the city of Edmonds shall be disposed of through the county system as provided for in the comprehensive plan except as otherwise provided in subsection D. B. Snohomish County is authorized to designate disposal sites for the disposal of all solid waste which is generated within the city of Edmonds subject to the applicable laws and regulations of the Snohomish health district and the city if located within the city. C. No solid waste may be diverted from the disposal sites designated by Snohomish County without Snohomish County approval or as provided in the comprehensive plan. 1 of 2 1 Packet Pg. 105 Chapter 7.70 SOLID WASTE MANAGEMENT http://www.codepubli i.g.com/WA/Edmonds/html/Ed g.4.a D. The provisions of the section shall not apply: 1. To the disposal of solid waste through the waste recycling element of the comprehensive plan or any waste reduction or recycling plan approved by the county; 2. To the disposal of hazardous wastes or substances where disposal into the county system is prohibited or where other provisions pursuant to state or federal law are made for the handling of such wastes or substances; 3. Where disposal is otherwise provided for under state or federal law. [Ord. 2763 § 2, 1990]. 7.70.030 Unlawful disposal of solid waste. A. It is unlawful for any person to dispose of any solid waste generated in the city of Edmonds and subject to this chapter unless they comply with the provisions of RCW 70.95.240, 70.95.500 and 70.95.610 which are hereby adopted by reference. B. Any violation of the provisions of RCW 70.95.240 shall be a misdemeanor, and any person found guilty thereof shall be punished by a fine not to exceed $1,000 or imprisonment in jail not to exceed 90 days, or by both such fine and imprisonment. Any violation of the provisions of RCW 70.95.610 shall be a misdemeanor, punishable by a fine not to exceed $1,000. Any violation of the provisions of RCW 70.95.500 shall be punishable by a civil penalty which shall be no less than $200.00 nor more than $2,000 for each offense. [Ord. 2763 § 3, 1990]. 7.70.040 Interlocal agreement approved. The city council of Edmonds authorizes and directs the mayor to execute the interlocal agreement on behalf of the city. A copy of the comprehensive plan is on file with city clerk and is incorporated by reference. [Ord. 2763 § 4, 19901. The Edmonds City Code and Community Development Code are current through Ordinance 4110, passed April 17, 2018. Disclaimer: The City Clerk's Office has the official version of the Edmonds City Code and Community Development Code. Users should contact the City Clerk's Office for ordinances passed subsequent to the ordinance cited above. 2 of 2 1 Packet Pg. 106 8.4.b INTERLOCAL AGREEMENT REGARDING SOLID WASTE MANAGEMENT This INTERLOCAL AGREEMENT BETWEEN SNOHOMISH COUNTY AND ITS CITIES AND TOWNS REGARDING SOLID WASTE MANAGEMENT (the "Interlocal Agreement"), is made and entered into, by and between SNOHOMISH COUNTY, a Washington County (the "County") and the CITY OF EDMONDS, a Washington municipal corporation (the "City") pursuant to Chapter 39.34 RCW. RECITALS A. The County and City executing this Interlocal Agreement are authorized and directed by chapter RCW 70A.205 to prepare a Comprehensive Solid Waste Management Plan; and B. The County prepared a Comprehensive Solid and Hazardous Waste Management Plan (the "Comprehensive Plan") for the County and cities and towns of the County in 1990, 2002, 2013, and 2021, with active involvement of the cities and towns within the County; and C. Providing the most effective and efficient system for managing solid waste generated in Snohomish County, including its cities and towns, requires use of the solid waste disposal system established by the County and the Comprehensive Plan to the fullest extent possible; AGREEMENT NOW, THEREFORE, in consideration of the respective agreements set forth below and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the County and the City executing this Agreement agree as follows: 1. Previous Agreements. This Interlocal Agreement supersedes the previously executed Interlocal Agreement between Snohomish County and its cities and towns regarding Solid Waste Management entered into in 2003. Interlocal Agreement Regarding Solid Waste Management Q City of Edmonds Page 1 of 8 Packet Pg. 107 8.4.b 2. Definitions. For the purposes of this Interlocal Agreement, the following definitions apply See also Snohomish County Codes (especially Chapters 7.35 and 7.41) and State law (especially WAC 173-350-100) for additional definitions related to Solid Waste Management 2.1. "City"/"Town" means a City or Town in Snohomish County, Washington that is a signatory to this Interlocal Agreement. 2.2. "Combustion" means the process of burning something. 2.3. "Comprehensive Plan" means the Snohomish County Comprehensive Solid and Hazardous Waste Management Plan authorized and directed by chapter RCW 70A.205 and issued in 2021 and as amended from time to time. 2.4. "Coun " means Snohomish County, Washington. 2.5. "Household Hazardous Waste" or "HHW" means wastes that would be classified as hazardous due to their nature or characteristics, except that the wastes are generated by households. 2.6. "Incinerate, Incinerated, or Incineration" means the controlled combustion of solid waste that yields satisfactory non-putrescible residues and air effluents. 2.7. "Person" means an individual, firm, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever. 2.8. "Recyclable materials" means those solid wastes that are separated from other wastes for anaerobic digestion, composting, recycling or reuse, including but not limited to papers, metals, glass, plastics, aggregates, fabrics, yard debris, food waste, manures, wood waste and other materials that are identified as recyclable material in the Comprehensive Plan, and are recycled. Wood waste processed as hog fuel and used for energy recovery shall be considered a recyclable material for purposes of this Interlocal Agreement. 2.9. "Recycling" or "Recycle" or "Recycled" means transforming or remanufacturing waste materials into usable and marketable materials for use other than landfill disposal, alternative daily (landfill) cover, industrial waste stabilizer, combustion, or incineration. 2.10. "Solid Waste" means all putrescible and non-putrescible wastes, whether in solid or in liquid form, except liquid -carried industrial wastes and sewage, and including garbage, rubbish, ashes, industrial wastes, swill, construction, demolition and land -clearing Interlocal Agreement Regarding Solid Waste Management Q City of Edmonds Page 2 of 8 Packet Pg. 108 8.4.b wastes, abandoned vehicles or parts thereof, discarded home and industrial appliances, manure, digested sludge, vegetable or animal solid and semi -solid wastes, dead animals, and other discarded solid and semi -solid materials. Municipal solid waste (MSW), a subset of solid waste, refers to wastes normally collected from residential households, commercial businesses, and containers. 2.11. "Solid Waste Handling" means the management, storage, collection, transportation, treatment, utilization, processing, and final disposal of Solid Waste. 2.12. "System" means all facilities for Solid Waste Handling owned or operated, or contracted for, by the County, and all administrative activities related thereto. 3. Responsibilities for Waste Disposal and System. For the duration of this Interlocal Agreement, the County shall have the following responsibilities: 3.1. The County shall continue to provide for the efficient disposal of all Solid Waste, not otherwise restricted by chapters 7.35 and 7.41 SCC, generated within unincorporated areas of the County and within the City to the extent, in the manner, and by facilities as described in the Comprehensive Plan. The County shall not be responsible for disposal of, nor claim that this Interlocal Agreement extends to, Solid Waste that has been recycled in compliance with the Comprehensive Plan. 3.2. The County shall provide for the disposal of household hazardous wastes generated by residential households located in jurisdictions parry to this Interlocal Agreement at the System's existing Moderate Risk Waste Facility, or in another reasonable and similarly convenient manner. 3.3. The County shall continue to operate the System in a financially prudent manner, minimize fee increases, and use System revenues only for System purposes. 3.4. The System shall continue to be comprehensive, and include educational and other programs, as defined by the Comprehensive Plan. 4. Comprehensive Plan. For the duration of this Interlocal Agreement, the City shall participate in the Comprehensive Plan, provided that the City shall have the right to prepare or maintain its own Comprehensive Interlocal Agreement Regarding Solid Waste Management Q City of Edmonds Page 3 of 8 Packet Pg. 109 8.4.b Solid and Hazardous Waste Management Plan authorized and directed by chapter RCW 70A.205 and to assess a solid waste fee on its own residents. For the duration of this Interlocal Agreement the City, in conformity with RCW 70A.205.040 (4), as may be amended from time to time, authorizes the County to include in the Comprehensive Plan provisions for the management of Solid Waste generated within its corporate limits. 5. City Designation of County System for Solid Waste Disposal. The City shall, to the extent permitted by law, designate the County System for the disposal of all Solid Waste generated within the corporate limits of that City, and within the scope of the Plan, and authorize the County to designate a disposal site or sites for the disposal of such Solid Waste except for recyclable and other materials removed from Solid Waste for recycling in conformity with the Comprehensive Plan. The designation of the County in this section shall not reduce or otherwise affect the City's control over Solid Waste collection as permitted by applicable state law. 6. Enforcement. In unincorporated Snohomish County, the County shall be responsible for enforcement of laws and regulations requiring persons to dispose of Solid Waste at sites designated by the County as required by chapter 7.35 SCC. The City shall by ordinance require persons to dispose of Solid Waste at the same sites designated by the County for disposal of Solid Waste. Thereafter, in incorporated Snohomish County, the City shall be responsible for enforcement of its laws and regulations requiring persons to dispose of Solid Waste at those sites designated by the County. The County (taking the lead role) with the City will provide outreach both within unincorporated and incorporated Snohomish County to educate the public about the requirements of Solid Waste disposal at sites designated by the County. Interlocal Agreement Regarding Solid Waste Management Q City of Edmonds Page 4 of 8 Packet Pg. 110 8.4.b 7. Indemnifications. 7.1. The County shall indemnify and hold harmless and defend the City against any and all claims by third parties arising out of the County's operation of the System and performance under this Interlocal Agreement, and shall have the right to settle those claims by third parties, recognizing that all costs incurred by the County thereby are System costs which must be satisfied from disposal rates. In providing a defense for the City, the County shall exercise good faith in that defense or settlement so as to protect the City's interests. The County's agreement to indemnify the City for any and all claims arising out of the County's operation of the System extends to all claims caused by the actions of officers or agents of the County, including but not limited to actions which constitute misfeasance, or intentional misconduct or wrongdoing, even if the cost of such claims is held by a court of competent jurisdiction to not be a proper cost to the System. For the purpose of this paragraph, "claims of arising out of the County's operations" shall include claims arising out of the ownership, control or maintenance of the System, but shall not include claims arising out of the collection of Solid Waste within the City prior to its delivery to a disposal site designated by the County or other activities under control of the City. 7.2. If the County acts to defend the City against a claim, the City shall cooperate with the County. 7.3. The County shall defend the City against any challenge, whether judicially or before an administrative hearings panel, to the Comprehensive Plan elements adopted pursuant to this Interlocal Agreement. 7.4. The City agrees to indemnify, protect, defend and hold harmless the County from and against all claims, demands and causes of action of any kind or character, including any cost of defense and attorney's fees, arising out of any actions, errors or omissions of the City in performing this Interlocal Agreement except for those arising out of the sole negligence of the County or otherwise listed in this Section 7. 7.5. Waiver of Immunity Under Industrial Insurance Act. The indemnification provisions of Sections 7.1-7.4 above are specifically intended to constitute a waiver of each party's immunity under Washington's Industrial Insurance Act, Title 51 RCW, as respects the other party only, and only to the extent necessary to provide the indemnified party with Interlocal Agreement Regarding Solid Waste Management Q City of Edmonds Page 5 of 8 Packet Pg. 111 8.4.b a full and complete indemnity of claims made by the indemnitor's employees. The parties acknowledge that these provisions were specifically negotiated and agreed upon by them. 7.6. For the purposes of this section, reference to the City and to the County shall be deemed to include the officers, agents, and employees of any such party, acting within the scope of their authority. 7.7. Survival. The provisions of this Section 7 shall survive the expiration or earlier termination of this Interlocal Agreement. 8. Duration. This Interlocal Agreement shall continue to be in full force and effect until December 31, 2038, unless terminated as described in the following paragraph. 9. Revision, Amendment, Supplementation or Termination. This Interlocal Agreement shall be reviewed by the parties in conjunction with any review of the Comprehensive Plan. The terms of the Interlocal Agreement may be revised, amended, or supplemented, or the Interlocal Agreement as a whole may be terminated before expiration provided in paragraph 8 only upon the written agreement of the parties to this Interlocal Agreement executed with the same formalities as the original. No revision, amendment, supplementation, or termination shall be adopted or put into effect if it impairs any contractual obligation of the County. 10. Miscellaneous. 10.1. No waiver by any party of any term or condition of this Interlocal Agreement shall be deemed or construed to constitute a waiver of any other term or condition or of any subsequent breach whether of the same or of a different provision of this Interlocal Agreement. 10.2. This Interlocal Agreement is not entered into with the intent that it shall benefit a city or town not signing this Interlocal Agreement, and no other person or entity shall be entitled to be treated as a third party beneficiary of this Interlocal Agreement. Interlocal Agreement Regarding Solid Waste Management Q City of Edmonds Page 6 of 8 Packet Pg. 112 8.4.b 11. Contract Administrator. Pursuant to RCW 39.34.030(4)(a), the parties hereby appoint the County as the Contract Administrator who will be responsible for administering this Agreement, and the direction of the parties, and this Contract Administrator shall take such action as is necessary to ensure that this Agreement is implemented in accordance with its terms. 12. No Separate Entity. This Agreement does not create a separate legal or administrative entity, and consequently is being administered in accordance with RCW 39.34.030(4). 13. Severability. If any term or condition of this Interlocal Agreement or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions, or applications which can be given effect with the invalid term, condition, or application. To this end, the terms and conditions of this Interlocal Agreement are declared severable. 14. Filing. As provided by RCW 39.34.040, this Agreement shall be filed with the Snohomish County Auditor, or, alternatively, posted on the official website of each party. 15. Authority. Each of the individuals signing this Interlocal Agreement on behalf of a parry to this Interlocal Agreement, certifies that his or her signature has been authorized by appropriate action by ordinance, resolution, or otherwise pursuant to the law of that party to bind the parry to the terms of this Interlocal Agreement. [Remainder of this page intentionally left blank.] Interlocal Agreement Regarding Solid Waste Management Q City of Edmonds Page 7 of 8 Packet Pg. 113 8.4.b IN WITNESS WHEREOF, this Interlocal Agreement has been executed by the parties shown below as of the date of the signature of the last party to sign. COUNTY CITY Snohomish County, a political subdivision City of Edmonds, a Washington of the State of Washington municipal corporation Title: Executive Director Approved as to Form: /s/ Sean Reay 07/10/2023 Deputy Prosecuting Attorney LE Title: Approved as to Form: City Attorney Interlocal Agreement Regarding Solid Waste Management Q City of Edmonds Page 8 of 8 Packet Pg. 114 8.4.c 0006.150.090 WSS/klt 03/02/90 ORDINANCE NO. 2763 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, RELATING TO SOLID WASTE, APPROVING THE SNOHOMISH COUNTY COMPREHENSIVE SOLID WASTE MANAGEMENT PLAN; DESIGNATING THE COUNTY WASTE DISPOSAL SYSTEM FOR THE DISPOSAL OF ALL SOLID WASTE GENERATED WITHIN THE CITY AND MAKING DISPOSAL ELSEWHERE ILLEGAL; DEFINING VIOLATIONS AND PENALTIES; AND APPROVING AN INTERLOCAL AGREEMENT WITH SNOHOMISH COUNTY. THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO U) ORDAIN AS FOLLOWS: r 3 Section 1. Definitions. As used in this ordinance, E the following definitions apply: L a 1.1 "City" means the City of Edmonds, Washington. a 1.2 "Comprehensive Solid Waste Management Plan" or r "Comprehensive Plan" means the Snohomish County Comprehensive _ a Solid Waste Management Plan, including a recycling element, as o L adopted by Snohomish County Motion No. 90- 052 and as amended from time to time. o _ 1.3 "County" means Snohomish County, Washington. 0 w N 1.4 "Interlocal Agreement" means the Interlocal o Agreement Regarding Solid Waste Disposal Site Designation, a M attached and incorporated herein by this reference. N 1.5 "Person" means an individual, firm, association, partnership, political subdivision, government agency, L municipality, industry, public or private corporation, or any a, other entity whatsoever. WSS521490 1 Packet Pg. 115 8.4.c 1.6 "Solid Waste" means solid waste as defined by RCW 70.95.030(16) and WAC 173-304-100(73) with the exception of wastes excluded by WAC 173-304-015. 1.7 "Solid waste handling" means the management, storage, collection, transportation, treatment, utilization, processing, and final disposal of solid wastes, including the recovery and recycling of materials from solid wastes, the recovery of energy resources from such wastes or the conversion of the energy in such wastes to more useful forms or combinations thereof, and as such term may be modified by amendments to RCW 70.95.030(17). 1.8 "System" means all facilities for solid waste handling owned or operated, or contracted for, by the County, and all administrative activities related thereto. Section 2. Snohomish County System Designated. 2.1 All solid waste generated within the corporate limits of the City of Edmonds shall be disposed of through the County system as provided for in the Comprehensive Plan except as L 0 otherwise provided in subsection 2.4. c 0 2.2 Snohomish County is authorized to designate N •L 0 disposal sites for the disposal of all Solid Waste which is a generated within the City of Edmonds subject to the applicable M laws and regulations of the Snohomish Health District and the N m c City if located within the City. _ L O E ci Q WSS521490 -2- Packet Pg. 116 8.4.c 2.3 No Solid Waste may be diverted from the disposal sites designated by Snohomish County without Snohomish County N approval or as provided in the Comprehensive Plan. 0 2.4 The provisions of the Section shall not apply: a _ (1) To the disposal of Solid Waste through the a waste recycling element of the Comprehensive Plan or any waste w reduction or recycling plan approved by the County; o U (2) To the disposal of hazardous wastes or N E substances where disposal into the County system is prohibited or 0 0 _ where other provisions pursuant to state or federal law are made U) r for the handling of such wastes or substances; 3 a� (3) Where disposal is otherwise provided for under E a� L state or federal law. a a Section 3. Unlawful Disposal of Solid Waste. o L a� 3.1 It is unlawful for any person to dispose of any _ solid waste generated in the City of Edmonds and subject to this 2 0 ordinance unless they comply with the provisions of RCW L 0 70.95.240, RCW 70.95.500 and RCW 70.95.610 which are hereby L 0 adopted by reference. `o .2 3.2 Any violation of the provisions of RCW 70.95.240 N L 0 shall be a misdemeanor, and any person found guilty thereof shall a be punished by a fine not to exceed one thousand dollars M cfl ($1,000.00) or imprisonment in jail not to exceed ninety (90) _ days, or by both such fine and imprisonment. Any violation of = L the provisions of RCW 70.95.610 shall be a misdemeanor, o r m E 0 a WSS521490 -3- Packet Pg. 117 8.4.c punishable by a fine not to exceed one thousand dollars ($1,000.00). Any violation of the provisions of RCW 70.95.500 shall be punishable by a civil penalty, which shall be no less than two hundred dollars ($200.00), nor more than two thousand dollars ($2,000.00) for each offense. Section 4. Interlocal Agreement Approved. The City Council of Edmonds authorizes and directs the Mayor to execute the Interlocal Agreement on behalf of the City. A copy'of the Comprehensive Plan is on file with City Clerk and is incorporated by reference. Section 5. Severability. If any section, subsection, sentence, clause, phrase or word of this Ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause phrase or word of this Ordinance. Section 6. This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum, and shall take effect five (5) days after passage and publication of the ordinance or a summary thereof consisting of the title. WSS52149O APPROVED: _ 'I I MAYO -4- S. NAUGHTEN a Packet Pg. 118 8.4.c ATTEST/AUTHENTICATED: ITY CLERK, JACQUELINE G. PARRETT APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY FILED WITH THE CITY CLERK: March 2, 1990 PASSED BY THE CITY COUNCIL: March 6, 1990 PUBLISHED: March 11 , 1990 EFFECTIVE DATE: March 16, 1990 ORDINANCE NO. 2763 WSS52149O —5— Packet Pg. 119 8.4.c INTERLOCAL AGREEMENT SOLID WASTE MANAGEMENT WHEREAS, Snohomish County and each of the Cities and Towns executing this Agreement are authorized and directed by Chapter 70.95 RCW to prepare a Comprehensive Solid Waste Management Plan, and are further authorized by Chapter 39.34 RCW to enter into an Interlocal Agreement for the administration and implementation of said Plan; and WHEREAS, Snohomish County has, prepared a Comprehensive Solid Waste Management Plan, including a recycling element, for the county and cities and towns of the county, said plan providing for the contingency that the City of Everett may elect not to be included in said plan; and WHEREAS, providing the most effective and efficient control of solid waste generated in Snohomish County, including its cities and towns, requires use of the solid waste disposal system established by the county and the comprehensive plan of the county to the fullest extent possible; NOW, THEREFORE, Snohomish County and the undersigned cities and towns agree as follows: 1. Definitions. For the purposes of this Memorandum, the following definitions apply: 1.1 "City"/"Town" means a City or Town in Snohomish County, Washington. 1.2 "Comprehensive Solid Waste Management Plan" or N "Comprehensive Plan" means the Snohomish County Comprehensive Solid 0 Waste Management Plan, including a recycling element, as adopted by a Snohomish County Motion No. 90- 004 and as amended from time to time. M N 1.3 "County" means Snohomish County, Washington. 1.4 "Interlocal Agreement" means the Interlocal Agreement O Regarding Solid Waste Disposal Site Designation, attached and incorporated herein by this reference. E a 1 Packet Pg. 120 8.4.c 1.5 "Person" means an individual, firm, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever. 1.6 "Solid Waste" means solid waste as defined by WAC 173-304- 100 with the exception of wastes excluded by WAC 173-304-015. 1.7 "Solid waste handling" means the management, storage, collection, transportation, treatment, utilization, processing, and final disposal of solid wastes, including the recovery and recycling of materials from solid wastes, the recovery of energy resources from such wastes or the conversion of the energy in such wastes to more useful forms or combinations thereof, and as such term may be modified by amendments to RCW 70.95.030(17). 1.8 "System" means all facilities for solid waste handling owned or operated, or contracted for, by the County, and all administrative activities related thereto. 2. Responsibilities for Solid Waste Disposal. For the duration of this Interlocal Agreement, the County shall be responsible for the disposal of all Solid Waste generated within unincorporated areas of the County and within each of the Cities and Towns signing this Agreement to the extent provided in the Comprehensive Solid Waste Management Plan. The County shall not be responsible for disposal of nor claim that this Agreement extends to Solid Waste that has been eliminated through waste reduction or waste recycling activities in conformity with the Comprehensive Solid Waste Management Plan. 3. Comprehensive Plan. For the duration of this Interlocal L Agreement, each City and Town shall participate in the Comprehensive Solid Waste Management Plan prepared and periodically reviewed and g revised every five years pursuant to chapter 70.95 RCW. For the duration of this Interlocal Agreement, each City and Town authorizes the County to include in the Comprehensive Solid Waste Management Plan provisions for the management of solid waste generated in each City and Town. 0 r 4. City Designation of County System for Solid Waste Disposal. In E the ordinance authorizing and approving this Interlocal Agreement, each City and Town shall designate the County System for the disposal of all Solid a OA Packet Pg. 121 8.4.c Waste generated within the corporate limits of that City or Town, and within the scope of the Comprehensive Plan, and authorize the County to designate a disposal site or sites for the disposal of such Solid Waste generated within the corporate limits of that City or Town except for recyclable and other materials removed from solid waste by reduction or waste recycling activities under the Comprehensive Solid Waste Management Plan. This designation of the County System shall continue in in full force and effect for a period of twenty years after the date of this Interlocal Agreement. The designation of the County in this section shall not reduce or otherwise affect each City's and Town's control over Solid Waste collection as permitted by applicable state law. 5. Enforcement. The County and the Snohomish Health District N (SHD) shall be the entities primarily responsible for enforcement of laws 0 and regulations requiring persons to dispose* of Solid Waste at sites r- designated by the County. Each City and Town shall cooperate with the County and SHD to aid the County and SHD in their enforcement efforts. 3 For the duration of this Agreement, each City and Town shall maintain in effect an ordinance providing that any person that disposes of Solid Waste L generated within that City or Town at a location other than a site a designated by the County will be guilty of a misdemeanor. To the extent o legally possible, the County and the SHD shall be responsible for bringing r criminal actions against persons violating state statutes, SHD regulations or r- County ordinances relating to the disposal of Solid Waste at sites designated U) by the County. However, in instances in which the County and the SHD lack ° legal authority to bring a criminal action for the enforcement of applicable laws or regulations, and a City or Town possesses that authority, the SHD or ° the County may request that the City or Town may bring such criminal = ° action. The County shall pay for all costs incurred by a City or Town in bringing a criminal action at the County's request for the enforcement of L 0 laws or regulations relating to the disposal of Solid Waste. Upon the request of the County, g q ty, each City or Town may commence and prosecute procedures to revoke licenses or franchises previously granted by the City N or Town to persons who the County and the SHD determine are violating laws relating to the disposal of Solid Waste; and the County shall indemnify any City or Town that takes such action in accordance with paragraph 7 of o this Interlocal Agreement. a� E a 3 Packet Pg. 122 8.4.c 6. Waste Reduction and Rec clip . The Cities and Towns and the County agree to cooperate to achieve the priorities for waste reduction, waste recycling and energy recovery set forth in the Comprehensive Solid Waste Management Plan. 7. Indemnifications. 7.1 Except as provided below, the County shall indemnify and hold harmless and defend each City and Town against any and all claims arising out of the County's operations of the System, and the right to settle those claims, recognizing that all costs incurred by the County thereby are System costs which must be satisfied from disposal rates. In providing a defense for a City or Town, the County shall exercise good faith in that defense or settlement so as to protect the City's or Town's interests. The County agrees to indemnify the participating Cities/Towns in the event that any cost 49M was held not to be a proper cost to the system, whether caused by the misfeasance, malfeasance or intentional misconduct or wrongdoing of an officer or agent of the County or due to any other cause or liability which a court held not to be a proper charge to the system. For the purposes of this paragraph, "claims arising out of the County's operations" shall include claims arising out of the ownership, control or maintenance of the System, but shall not include the claims arising out of collection of solid waste within a City or Town prior to its delivery to a disposal site designated by the County or other activities under the control of a City or Town. 7.2 If the County acts to defend a City or Town against a claim, that City or Town shall cooperate with the County. 7.3 For purposes of this section, reference to a City or Town and L to the County shall be deemed to include the officers, agents and employees of any party, acting within the scope of their authority, g M 8. Duration. This Interlocal Agreement shall continue to be in full force and effect for twenty years from the date of this Agreement, unless terminated as described in the following paragraph. 0 r 9. Revision, Amendment Supplementation or Termination. This Interlocal Agreement shall be reviewed by the parties every five years in conjunction with the review of the Comprehensive Solid Waste Management a Cl Packet Pg. 123 8.4.c Plan. The terms of the Agreement may be revised, amended or supplemented, or the Agreement as a whole may be terminated upon the agreement of both the County and a number of Cities and Towns signatory to this Interlocal Agreement whose residents at the time of revision, amendment, supplementation or termination total at least 60% of the total N residents of such Cities and Towns. Any revision, amendment, supplement 3: or termination shall be in writing, signed by the chief executives of the a County and the agreeing Cities and Towns, and authorized by ordinance of Cn, the County and applicable City or Town. No revision, amendment, supplementation or termination shall be adopted or put into effect if it impairs any contractual obligation of the County. w 10. Solid Waste Advisory Committee. 10.1. Pursuant to RCW 70.95.165 (3) and RCW 39.34.030(4) a Solid Waste Advisory Committee is hereby established for the purpose of providing active assistance and participation in the drafting of the Snohomish County Comprehensive Solid Waste Management Plan, and any amendments thereto, and for the purpose of rendering advice to Snohomish County regarding the administration and implementation of said Plan. 10.2 Membership of the Solid Waste Advisory Committee shall be as follows: (1) Regular members. The Solid Waste Advisory Committee shall consist of: (a) One member from each City and Town in Snohomish w0 County which is a signatory to the effective County N L Comprehensive Solid Waste Management Plan, to be nominated by the council from that City or Town and appointed by the a County Council. M N d (b) Five members selected, one representing the unincorporated area of each of the five County Council districts. The five members will be recommended by the Executive and 0 r appointed by the County Council. The Executive will provide candidates representing a wide spectrum of citizens and public interest groups and businesses who are residents of, or who are a 5 Packet Pg. 124 8.4.c representatives of firms licensed to do business in Snohomish County. (c) Four nonvoting representatives from the recycling and waste management industry who are representatives of firms licensed to do business in Snohomish County. These members shall be recommended by the Executive and approved by the County Council. (d) One ex officio, nonvoting representative from the Solid Waste Management Division. (e) One ex officio, nonvoting representative from the Department of Ecology. (f) One ex officio, nonvoting representative from the Snohomish Health District. (2) Auxiliary Members. The regular membership of the Solid Waste Advisory Committee may appoint auxiliary members for a specific time period to serve on the Committee in a nonvoting capacity, for the purpose of providing specific information, technical advice, information of a general nature which is pertinent to the Committee's activities or any other form of assistance which will aid the Committee in carrying out its purposes. (3) Term of Office. Terms of office for regular members shall be for a two-year period from the date of confirmation of appointment by the Council, whether the member is appointed at the commencement of an initial term or at a point thereafter. 10.3. Meetings. The Solid Waste Advisory Committee shall meet as g required to carry out the purposes of the Committee. Meetings may be held N at various locations within the County with written notification to the membership and chairman designating the time and place of such meetings. Meetings shall be held not less than quarterly. A quorum shall o consist of a simple majority of the members on the Committee. A majority of the total voting membership of the Committee is required to pass a E motion. a rol Packet Pg. 125 8.4.c 11. Miscellaneous. 11.1 No waiver by any party of any term or condition of this Interlocal Agreement shall be deemed or construed to constitute a waiver of any other term or condition or of any subsequent breach whether of the same or of a different provision of this Interlocal Agreement. 11.2 This Interlocal Agreement is not entered into with the intent that it shall benefit any City or Town not signing this agreement, and no other person or entity shall be entitled to be treated as a third party beneficiary of this Interlocal Agreement. 11.3 Acceptable disposal options for special wastes shall be as provided by SCC 7.35 as now adopted and amended from time to time. This Interlocal Agreement has been executed by the parties shown below and is dated as of the day of , 1990. SNOHOMISH COUNTY WILLIS TUCKER County Executive APPROVED BY ORDINANCE NO. 7 Q Packet Pg. 126 8.4.c CITY OF EDMONDS CITY/TO By M Authorize by 4 Ordinance No. 2763 CITY/TOWN By Mayor Authorized by Ordinance No. CITY/TOWN By Mayor Authorized by Ordinance No. CITY/TOWN By Mayor Authorized by Ordinance No. -N CITY/TOWN By Mayor Authorized by Ordinance No. CITY/TOWN By Mayor Authorized by Ordinance No. CITY/TOWN By Mayor Authorized by Ordinance No. CITY/TOWN By Mayor Authorized by Ordinance No. Q Packet Pg. 127 CITY/TOWN CITY/TOWN By By Mayor Mayor Authorized by Authorized by Ordinance No. Ordinance No. CITY/TOWN CITY/TOWN By By Mayor Mayor Authorized by Authorized by Ordinance No. Ordinance No. CITY/TOWN By Mayor Authorized by Ordinance No. CITY/TOWN By Mayor Authorized by Ordinance No. x CITY/TOWN By Mayor Authorized by Ordinance No. CITY/TOWN By Mayor Authorized by Ordinance No. Q Packet Pg. 128 8.4.c CITY/TOWN CITY/TOWN By By Mayor Authorized by Ordinance No. CITY/TOWN Mayor Authorized by Ordinance No. 10 Mayor Authorized by Ordinance No. Packet Pg. 129 INTERLOCAL AGREEMENT SOLID WASTE MANAGEMENT WHEREAS, Snohomish County and each of the Cities and Towns executing this Agreement are authorized and directed by Chapter 70.95 RCW to prepare a Comprehensive Solid Waste Management Plan, and are further authorized by Chapter 39.34 RCW to enter into an Interlocal Agreement for the administration and implementation of said Plan; and WHEREAS, Snohomish County has prepared a Comprehensive Solid Waste Management Plan, including a recycling element, for the county and cities and towns of the county, said plan providing for the contingency that the City of Everett may elect not to be included in said plan; and WHEREAS, providing the most effective and efficient control of solid waste generated in Snohomish County, including its cities and towns, requires use of the solid waste disposal system established by the county and the comprehensive plan of the county to the fullest extent possible; NOW, THEREFORE, Snohomish County and the undersigned cities and towns agree as follows: 1. Definitions. For the purposes of this Memorandum, the following definitions apply: 1.1 "City"/"Town" means a City or Town in Snohomish County, Washington. L O _ 1.2 "Comprehensive Solid 'Waste Management Plan" or N "Comprehensive Plan" means the Snohomish County Comprehensive Solid 0 Waste Management Plan, including a recycling element, as adopted by g Snohomish County Motion No. 90=—IWand as amended from time to time. M 052 � cfl N 1.3 "County" means Snohomish County, Washington. _ 1.4 "Interlocal Agreement" means the Interlocal Agreement o Regarding Solid Waste Disposal Site Designation, attached and incorporated herein by this reference. E a Packet Pg. 130 1.5 "Person" means an individual, firm, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever. 1.6 "Solid Waste" means solid waste as defined by WAC 173-304- 100 with the exception of wastes excluded by WAC 173-304-015. 1.7 "Solid waste handling" means the management, storage, collection, transportation, treatment, utilization, processing, and final disposal of solid wastes, including the recovery and recycling of materials from solid wastes, the recovery of energy resources from such wastes or the conversion of the energy in such wastes to more useful forms or combinations thereof, and as such term may be modified by amendments to RCW 70.95.030(17). 1.8 "System" means all facilities for solid waste handling owned or operated, or contracted for, by the County, and all administrative activities related thereto. 2. Responsibilities for Solid Waste Disposal. For the duration of this Interlocal Agreement, the County shall be responsible for the disposal of all Solid Waste generated within unincorporated areas of the County and within each of the Cities and Towns signing this Agreement to the extent provided in the Comprehensive Solid Waste Management Plan. The County shall not be responsible for disposal of nor claim that this Agreement extends to Solid Waste that has been eliminated through waste reduction or waste recycling activities in conformity_ with the Comprehensive Solid - Waste Management Plan. _ r- 0 3. Comprehensive Plan. For the duration of this Interlocal N Agreement, each City and Town shall participate in the Comprehensive Solid Waste Management Plan prepared and periodically reviewed and a revised every five years pursuant to chapter 70.95 RCW. For the duration of this Interlocal Agreement, each City and Town authorizes the County to N include in the Comprehensive Solid Waste Management Plan provisions for the management of solid waste generated in each City and Town. L 0 4. City Designation of County System for Solid Waste Disposal. In the ordinance authorizing and approving this Interlocal Agreement, each City and Town shall designate the County System for the disposal of all Solid a F7 Packet Pg. 131 Waste generated within the corporate limits of that City or Town, and within the scope of the Comprehensive Plan, and authorize the County to designate a disposal site or sites for the disposal of such Solid Waste generated within the corporate limits of that City or Town except for recyclable and other materials removed from solid waste by reduction or waste recycling activities under the Comprehensive Solid Waste 3: Management Plan. This designation of the County System shall continue in o full force and effect for a period of twenty years after the date of this Interlocal Agreement. The designation of the County in this section shall L not reduce or otherwise affect each City's and Town's control over Solid Waste collection as permitted by applicable state law. 5. Enforcement. The County and the Snohomish Health District (SHD) shall be the entities primarily responsible for enforcement of laws E and regulations requiring persons to dispose of Solid Waste at sites o designated by the County. Each City and Town shall cooperate with the U) County and SHD to aid the County and SHD in their enforcement efforts. 3 For the duration of this Agreement, each City and Town shall maintain in = providing that an E effect an ordinance P g y person that disposes of Solid Waste generated within that City or Town at a location other than a site a a designated by the County will be guilty of a misdemeanor. To the extent legally possible, the County and the SHD shall be responsible for bringing criminal actions against persons violating state statutes, SHD regulations or County ordinances relating to the disposal of Solid Waste at sites designated a Cn by the County. However, in instances in which the County and the SHD lack o legal authority to bring a criminal action for the enforcement of applicable laws or regulations, and a City or Town possesses that authority, the SHD or the-- County may request that the City or -Town may bring such criminal ° action. The County shall pay for all cosmos incurred by a City or Town in- bringing a criminal action at the County's request for the enforcement of N •L laws or regulations relating to the disposal of Solid Waste. Upon the request of the County, each City or Town may commence and prosecute g procedures to revoke licenses or franchises previously granted by the City or Town to persons who the County and the SHD determine are violating laws relating to the disposal of Solid Waste; and the County shall indemnify any City or Town that takes such action in accordance with paragraph 7 of this Interlocal Agreement. o r a� E a 3 Packet Pg. 132 6. Waste Reduction and Rec clip . The Cities and Towns and the County agree to cooperate to achieve the priorities for waste reduction, waste recycling and energy recovery set forth in the Comprehensive Solid Waste Management Plan. 7. Indemnifications. 7.1 Except as provided below, the County shall indemnify and hold harmless and defend each City and Town against any and all claims arising out of the County's operations of the System, and the right to settle those claims, recognizing that all costs incurred by the County thereby are System costs which must be satisfied from disposal rates. In providing a defense for a City or Town, the County shall exercise good faith in that defense or settlement so as to protect the City's or Town's interests. The County agrees to indemnify the participating Cities/Towns in the event that any cost VEMI was held not to be a proper cost to the system, whether caused by the misfeasance, malfeasance or intentional misconduct or wrongdoing of an officer or agent of the County or due to any other cause or liability which a court held not to be a proper charge to the system. For the purposes of this paragraph, "claims arising_ out of the County's operations" shall include claims arising out of the ownership, control or maintenance of the System, but shall not include the claims arising out of collection of solid waste within a City or Town prior to its delivery to a disposal site designated by the County or other activities under the control of a City or Town. 7.2 If the County acts to defend a City or Town against a claim, -that-City or Town shall cooperate with the County. 7.3 For purposes of this section, reference to a City or Town and to the County shall be deemed to include the officers, agents and employees of any party, acting within the scope of their authority. M 8. Duration. This Interlocal Agreement shall continue to be in full force and effect for twenty years from the date of this Agreement, unless terminated as described in the following paragraph. 0 r 9. Revision, Amendment, Supplementation or Termination. This Interlocal Agreement shall be reviewed by the parties every five years in conjunction with the review of the Comprehensive Solid Waste Management a S Packet Pg. 133 Plan. The terms of the Agreement may be revised, amended or supplemented, or the Agreement as a whole may be terminated upon the agreement of both the County and a number of Cities and Towns signatory to this Interlocal Agreement whose residents at the time of revision, amendment, supplementation or termination total at least 60% of the total residents of such Cities and Towns. Any revision, amendment, supplement or termination shall be in writing, signed by the chief executives of the County and the agreeing Cities and Towns, and authorized by ordinance of the County and applicable City or Town. No revision, amendment, supplementation or termination shall be adopted or put into effect if it impairs any contractual obligation of the County. 10. Solid Waste Advisory Committee 10.1. Pursuant to RCW 70.95.165 (3) and RCW 39.34.030(4) a Solid Waste Advisory Committee is hereby established for the purpose of providing active assistance and participation in the drafting of the Snohomish County Comprehensive Solid Waste Management Plan, and any amendments thereto, and for the purpose of rendering advice to Snohomish County regarding the administration and implementation of said Plan. 10.2 Membership of the Solid Waste Advisory Committee shall be as follows: (1) Regular members. shall consist of: The Solid Waste Advisory Committee - (a) One member from eath City and Town in Snohomish— County which is a signatory to the effective County Comprehensive Solid Waste Management Plan, to be nominated by the council from that City or Town and appointed by the County Council. (b) Five members selected, one representing the unincorporated area of each of the five County Council districts. The five members will be recommended by the Executive and appointed by the County Council. The Executive will provide candidates representing a wide spectrum of citizens and public interest groups and businesses who are residents of, or who are 5 8.4.c a Packet Pg. 134 representatives of firms licensed to do business in Snohomish County. (c) Four nonvoting representatives from the recycling and waste management industry who are representatives of firms licensed to do business in Snohomish County. These members shall be recommended by the Executive and approved by the County Council. (d) One ex officio, nonvoting representative from the Solid Waste Management Division. (e) One ex officio, nonvoting representative from the Department of Ecology. (f) One ex officio, nonvoting representative from the Snohomish Health District. (2) Auxiliary Members. The regular membership of the Solid Waste Advisory Committee may appoint auxiliary members for a specific time period to serve on the Committee in a nonvoting capacity, for the purpose of providing specific information, technical advice, information of a general nature which is pertinent to the Committee's activities or any other form of assistance which will aid the Committee in carrying out its purposes. (3) Term of Office. Terms of office for regular members shall be for a two-year period from the date of confirmation of -appointment by the Council, whethcEthe member is appointed at the commencement of an initial term or at a point thereafter. 10.3. _ Meetings. The Solid Waste Advisory Committee shall meet as a required to carry out the purposes of the Committee. Meetings may be held at various locations within the County with written notification to the membership and chairman designating the time and place of such meetings. Meetings shall be held not less than quarterly. A quorum shall L consist of a simple majority of the members on the Committee. A majority o of the total voting membership of the Committee is required to pass a motion. a 0 Packet Pg. 135 8.4.c 11. Miscellaneous. 11.1 No waiver by any party of any term or condition of this Interlocal Agreement shall be deemed or construed to constitute a waiver of any other term or condition or of any subsequent breach whether of the same or of a different provision of this Interlocal Agreement. 11.2 This Interlocal Agreement is not entered into with the intent that it shall benefit any City or Town not signing this agreement, and no other person or entity shall be entitled to be treated as a third party beneficiary of this Interlocal Agreement. 11.3 Acceptable disposal options for special wastes shall be as provided by SCC 7.35 as now adopted and amended from time to time. This Interlocal Agreement has been executed by the parties shown below and is dated as of the day of JUL 26 WO . 1990. SNO MISH COUNTY j R4puty Executive > TUCKER _ - Executive APPROVED BY ORDINANCE NO. 7 Q Packet Pg. 136 8.4.c CITY OF EDMONDS CITY/TOWN By A orized by Ordinance No. 2763 CITY/TOWN By Mayor Authorized by Ordinance No. CITY/TOWN By Mayor Authorized by Ordinance No. CITY/TOWN By Mayor Authorized by Ordinance No. P.� CITY/TOWN By Mayor Authorized by Ordinance No. CITY/TOWN By Mayor Authorized by Ordinance No. CITY/TOWN BY -- Mayor Authorized by Ordinance No. CITY/TOWN By Mayor Authorized by Ordinance No. Q Packet Pg. 137 8.4.c Affidavit of Publication STATE OF WASHINGTON, ss. COUNTY OF SNOHOIVIISH, The undersigned, being first duly sworn on oath deposes and says that she is Principal Clerk of THE HERALD, a daily newspaper -- SUMMARY of printed and published in the City of Everett, County of Snohomish, ORDINANCE NO. 2763 of Edmond e city of ngton and State of Washington; that said newspaper is a newspaper of thO cihv 6t door oofMarch 1 90f general circulation in said County and State; that said newspaper I Edmonds, passed Ordinance No. 2763. A summary of the content of said ordinance, consisting of has been approved as a legal newspaper by order of the Superior the title provides as follows: ''..AN OR61NANCE OF THE CITY Court of Snohomish County and that the notice... ... .................... OF EDMONDS,'WASHINGTON, RELATING TO SOLID WASTE APPROVING THE SNOHOMISP COUNTY COMPREHENSIVE SOLID.WASTE MANAGEMENT Summar of Ordinance No. 2763 .......................Y._.._.....__.....__...._..__----.--.-----._.... PIAN" DESIGNATING THE .COUNTY WASTE DISPOSAL ................................ ..--------------- - SYSTEM FOR THE DISPOSAL OF ALL SOLID WASTE GENER- ATEDWITHIN THE CITY AND ............... ....... ........................................ ................................ .................... ......... _..-.... MAKING DISPOSAL ELSEWHERE ILLEGAL; DEFIN- ING VIOLATIONS AND PENAL- TIES' 'AND APPROVING AN INT9RLOCAL. AGREEMENT --------- ........... ..................-----...-.._..................... ......... .................. ............. -------.......... WITH SNOHOMISH COUNTY. The full text ofthis Ordinance will be moiled upon request. a printed copy of which is hereunto attached, was published in said DATED this 6th day of March, 1990. JACQUELINE G, PARRETT newspaper proper and not in supplement form, in the regular and Publ sihed:Ierk March 9, 1990. entire edition of said paper on the following days and times, namely: March 9, 1990 .... ........ ........ ..................... I., ........ ............. ............. .............. ..................................... ............... ............... ............. .............. .---- .................... ............... ............ ........ ........ I........ and that said newspaper was regularly distributed to its subscribers during all of said period. _ ,.. Principal Clerk Subscribed and sworn to before me this ........... 10 t h day of. ..........:c...... ..........March........... - 19...90 Notary Public in and for the State of Washington, residing at Everett, Snohomish County. B - 2 - I Packet Pg. 138 8.4.d Ordinance No. 2775 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE EDMONDS CITY CODE TO ADD A NEW CHAPTER 7.70 RELATING TO SOLID WASTE RECYCLING AND PROVIDING EFFECTIVE DATES. WHEREAS, the Edmonds City Council has by city ordinance adopted Snohomish County's Comprehensive solid Waste Management Plan Update, including the Recycling Element, and desires to speed up the timetable for implementation of the Recycling Plan; and WHEREAS, the Edmonds City Council wishes to establish a city wide recycling program by which all residents, and eventually all commercial establishments, in the city receive cost-effective and efficient source separated collection recycling services; and WHEREAS, the State of Washington has adopted state wide solid waste management legislation which requires cities to establish recycling collection services through municipal collection, contract collection, or WUTC regulated collection (Sec. 3, Ch. 431, Laws of 1989, amending RCW 70.95.090); and WHEREAS, the State of Washington has adopted state wide solid waste management legislation which requires local comprehensive solid waste management plans to include a comprehensive waste reduction element that provides incentives and mechanisms for source separation (Sec. 3, Par. 6, Ch. 431, Laws of 1989, amending RCW 70.95.090); and WHEREAS, Washington Utilities and Transportation Commission (WUTC) certificated solid waste haulers have provided the required, necessary, efficient and convenient waste collection service to the City in the past and thereby have sufficient and reasonable experience, knowledge and standing with city residents to be provided the opportunity of performing the minimum level and type of collection service for recyclables and yard waste specified in the recycling element; and WHEREAS, the WUTC is directed by recent solid waste management legislation to supervise and regulate every hauler in the State by requiring compliance with the County's Comprehensive Solid Waste Management Plan (Sec. 20, Par. 5 Ch. 432, Laws of 1989, amending RCW 81.77.030); and WHEREAS, the WUTC is directed by recent solid waste management legislation to supervise and regulate every hauler in the State by requiring certificate holders to use rate structures and billing systems consistent with the RECYCLING ORDINANCE MAY 24, 1990 - PAGE 1 Packet Pg. 139 8.4.d solid waste management priorities set by State law and the minimum levels of solid waste collection and recycling services pursuant to the County's Comprehensive Solid Waste Management Plan (Sec. 20, Par. 6, Ch. 432, Laws of 1989, amending RCW 81.77.030); and THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The Edmonds Code is hereby amended to add a new Chapter 7.70 Solid Waste Recycling to read as follows: Chapter 7.70 SOLID WASTE RECYCLING 7.70.010 Purpose. The purpose of this subsection is to define levels of city wide recycling services which shall be made available to all residential dwellings and commercial establishments in areas serviced by WUTC certificated waste haulers operating in the City of Edmonds. 7.70.020 Definitions. For the purposes of this chapter, A. "Haulers" means those corporate entities currently, or in the future, certified by the Washington State Utilities and Transportation Commission to collect trash in the City of Edmonds. As of March, 1990, the three haulers are Lynnwood Disposal, Sound Disposal and Northwest Garbage Company, Inc. B. "Non multi family residences" means those residential dwellings containing four or less dwelling units. C. "Yard waste" means grass clippings, shrubbery and tree or trimmings therefrom, and other organic solid waste resulting from horticulture, gardening, landscaping, or other similar uses. D. "Multi -family" means those residential dwellings containing five or more dwelling units. E. "Commercial" means any non-residential establishments which are not defined above. 7.70.030 Services to be Provided. RECYCLING ORDINANCE MAY 24, 1990 - PAGE 2 Packet Pg. 140 8.4.d Each waste collector that services the City of Edmonds shall be responsible for making the following recycling services available to their operation areas within the City: A. Collection of the following materials from the curb when properly set out on the designated collection day for collection by the designated hauler: 1. Old newspaper; 2. Mixed waste paper, including old corrugated containers (cardboard); 3. Aluminum food and beverage containers; 4. Tin-plated steel food and beverage containers; 5. Glass food and beverage containers; 6. PET plastic containers. Other recyclable materials, such as plastics or waste oil, may be collected on a continuing basis, at the option of the City when reasonable costs for including specified additional materials are allocated to residents receiving the added service. B. Collection shall be biweekly from each non multi family residence, preferably on the same day as trash collection, unless the hauler can demonstrate to the City that an alternative collection schedule can result in the same or higher levels of participation and recovery. C. Processing and marketing of all materials collected shall be provided, such that no more than 10 percent by weight of the collected material may be landfilled, unless the County and the WUTC, in recognition of special circumstances, accept such material. D. A recycling container to hold the materials designated for collection shall be made available to each non multi family residence. Other customer classes will work with the haulers to identify container options. Options should be made available to customers to provide their own containers with a commensurate reduction in rates. E. Collection of yard waste from non multi family and multi -family dwellings, when fully phased in, shall be made available at least biweekly from the months of the March through November, unless the hauler can demonstrate to the City that an alternative collection schedule can result in the same or higher levels of participation and recovery. F. Promotional strategies shall be employed by the haulers to reasonably and regularly inform and notify each eligible residence of the availability of recyclables RECYCLING ORDINANCE MAY 24, 1990 - PAGE 3 Packet Pg. 141 8.4.d collection service and of appropriate actions and schedules for preparing material for set out. G. The City shall undertake a public education and awareness program utilizing funds from the Snohomish County recycling grant. The City shall where possible reinforce the efforts of private citizens and groups to promote public awareness and environmental consciousness. H. The haulers shall develop a total rate structure for garbage and recycling which provides economic incentives for customers to recycle and to reduce total waste, in accordance with State and County goals. Customers shall be charged a single all-inclusive rate for garbage, recyclables, and yard waste. Provisions shall be made by the haulers to give credit to customers who can demonstrate that they do not produce any recyclables and/or yard waste. I. The City shall adopt administrative policies and procedures which maximize its own recycling of paper and other potentially recyclable items. Also, where practicable, the city shall attempt to utilize recyclable paper and other recyclable commodities so as to provide markets for collected recyclables. J. The haulers shall take measures to reduce all possible costs to Edmonds customers of the collection of recyclables and yard waste. This shall include, but not be limited to, provision of small trash containers and a commensurate reduced rate, provision of alternatives to providing a toter for yard waste (such as allowing customers to use their own containers), credits for composting.. 7.70.040 Recipients of the services. A. The recycling services shall be made available by the haulers to all non multi -family residences within the City that receive and are billed for residential trash collection services. B. In addition, the services shall be offered by the haulers to all other residents of non multi family dwellings by the haulers through direct notification and an invitation to subscribe for the service. Those residents that subscribe for the service shall receive it at a rate to be established by the WUTC. C. Multi Family dwellings and commercial establishments are recognized to present unique circumstances which may initially preclude the selection of a single, uniform approach to the collection of recyclables and RECYCLING ORDINANCE MAY 24, 1990 - PAGE 4 Packet Pg. 142 8.4.d yard waste. In recognition of such circumstances the haulers are urged to work with representatives of this customer class to develop alternatives for collection of recyclables and, where practical, yard waste, and for promoting high levels of participation by this customer class. 7.70.050 Reportinq of Proposed Rates. Prior to seeking rate adjustments from the WUTC, the haulers shall provide the Edmonds City Council, through the Community Services Director, a complete report on the proposed rates, and any supporting documentation which the Director might require. 7.70.060 Recyclinq Program Monitorina and Renortina. The haulers shall provide the City with reports on the status of the recycling program. These reports shall be provided at least on a yearly basis or at a more frequent request by the city, with due notice and time for preparation. Such reports shall include, but not be limited to, rates of participation, amount of recyclables and yard waste produced by appropriate categories, volumes, and tonnages, logs of customer complaints and comments, and any other reasonable elements which shall be requested by the City. 7.70.070 Changes in Provision of Recycling Services A. It is recognized that the experience of the first year will require evaluation by the haulers and by the city in order to identify needs for potential changes to the program defined in this ordinance. It is the intent of the City Council to formally review the programs of the two haulers after approximately one year of operation. B. The City Council may from time to time review the recycling program in regard to participation rates, customer satisfaction, and comparative customer rates, and may exercise its authority in considering changes to how recycling services are provided in the City of Edmonds. 7.70.090 Mandatory separation of recyclable materials and yard waste from trash. A. Residents shall not discard yard waste together with p trash and shall make it available for recovery and r composting as soon as yard waste collection and composting services are provided, or shall otherwise E dispose of such wastes, through composting or otherwise, on their own property. a RECYCLING ORDINANCE MAY 24, 1990 - PAGE 5 Packet Pg. 143 8.4.d B. It is the goal of the City to evaluate the program after approximately one year of operation and to assess the advisability of prohibiting the discarding of recyclable materials together with trash. While this step may be necessary in the future to meet the goals of the State legislation and the Comprehensive Solid Waste Management Plan, it shall not be taken without further evaluation and input from the public and the haulers. 7.70.100 Use of existing recycling collectors processors and markets. Haulers are encouraged to contract with existing recycling operators for source separated collection services in those areas where such service is currently being provided. In arranging for processing and marketing of materials collected, haulers are encouraged to coordinate with existing processors and markets and with other collection programs in order to obtain consistent and high value for materials delivered 7.70.110 Provision of Collection Containers for Recvlables and Yard Waste by Multi -Family Residences A. All new multi -family residences are required to provide facilities (containers and space for their deployment) for the collection of recyclables and yard waste. Such facilities may include either centralized or individual containers. The City with its haulers shall develop prototype container or system configurations which meet the intent of this ordinance. Any facilities required to promote recycling will be subject to the existing requirements in the Edmonds Community Development Code as far as zoning and design standards. B. All existing multi -family residences will also be required to make provisions for the collection of recyclables and yard waste. It is recognized that in some instances this may require changes to approved site plans, including, but not limited to, common areas of the building site and parking areas. It is also recognized that the provision of recyclable collection facilities in existing multi -family residences may also create violations of certain parts of the zoning ordinance. The staff will review proposed facilities for collection of recyclables and/or yard waste, and will make a staff decision on whether a more formal review by the Architectural Design Board is necessary. Such staff decisions shall be staff decisions rendered and appealable as provided in ECDC 20.95.050. In the event that a required parking space needs to be utilized for a collection facility, it shall still be RECYCLING ORDINANCE MAY 24, 1990 - PAGE 6 Packet Pg. 144 8.4.d counted toward meeting the parking requirements in the ECDC. 7.70.12.0 Implementation Dates. The desired goals for setting dates for the availability of the above described services in the City are as follows: 1. Source separated collection of recyclables for non multi family residences - August 1, 1990. 2. Collection of yard waste from non multi family residences - August 1, 1990. 3. Collection of recyclables and yard waste from multi -family residences and recyclables from commercial customers shall initially be made available on customer request to the haulers, and shall be done on an incremental and phased in basis. A regular program shall not be required until the haulers and representatives of this customer class jointly develop alternatives and present them to the City Council no later than March 1, 1991. Section 3. This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum, and shall take effect five (5) days after passage and publication of the ordinance or a summary thereof consisting of the title. LO ti N d V _ _ L 0 _ 4) E U Q RECYCLING ORDINANCE MAY 24, 1990 - PAGE 7 Packet Pg. 145 8.4.d APPROVED: - z � 5 MAY"Mr R U TEN ATTEST/AUTHENTICATED: M,A" rd IT'U CLERK, JACQUELINE G. PARRETT APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: FILED WITH THE CITY CLERK: May 25, 1990 PASSED BY THE CITY COUNCIL: May 29, 1990 PUBLISHED: June 3, 1990 EFFECTIVE DATE: June 8, 1990 ORDINANCE NO. 2775 F.RECY524.DOC Q RECYCLING ORDINANCE MAY 24, 1990 — PAGE 8 Packet Pg. 146 8.4.d Affidavit of Publication STATE OF WASHINGTON, sa COUNTY OF SNOHOMISH, The undersigned, being first duly sworn on oath deposes and says that she is Principal Clerk of THE HERALD, a daily newspaper SUMMARY OF printed and published in the City of Everett, County of Snohomish, ORDINANCE NOO 2775 Edmo ids, Washingtopn and State of Washington; that said newspaper is a newspaper of on the the Council dayeffAeov�l M Edmonds, passed Ordinance ty Noof .nt general circulation in said County and State; that said newspaper 7775. A summary of the conte of sold ordinance, consisting of has been approved as a legal newspaper by order of the Superior file flfle provides as follows: AN OR OF THE CITY OF EOMOND� WASHINGTON, Court of Snohomish County and that the notice......... fAsrE REdvcuNc Summary of Ordinance No. 2775 IVIOINGEFFECTIVE................................................................................ text uoffofhls �Orrddiinmue tithis Y9M of Mav, ...................................................................................................................................... IELINE G. PARRETT erk June 3, 1990, ...................................................................................................................................... a printed copy of which is hereunto attached, was published in said newspaper proper and not in supplement form, in the regular and entire edition of said paper on the following days and times, namely: ........June„ 3...... 1990............... ...................................................................................................................................... and that said newspaper was regularly distributed to its subscribers during all of said period. Principal Clerk Subscribed and sworn to before me this ......... 4th day of... .................. I., ........ j!A!1e .......... , 19.90... Nota/y ublic in nd foi the State of Washington, resi Ing at Everett, Snohomish County. t3-z-t Packet Pg. 147 9.1 City Council Agenda Item Meeting Date: 09/26/2023 Resolution for Annexation into Snohomish County Fire (SCF) Staff Lead: Dave Turley Department: Administrative Services Preparer: Dave Turley Background/History The City is currently considering the possibility and ramifications of annexation into the South Snohomish County Regional Fire Authority. In order to work with the RFA and perform this analysis, the City Council needs to pass a Resolution notifying the RFA of this intent. This was previously discussed in the Public Safety -Planning -Human Services -Personnel Committee on July 11, 2023, in Finance Committee on July 20, 2023. Staff Recommendation Staff recommendation is to approve the Resolution as presented in tonight's Council packet. Narrative The purpose of this Resolution is to provide official communication to SCF that the City intends to investigate the advantages and disadvantages of annexation, and that we would like the RFA to investigate the ramifications to them as well. The Resolution states that the city "requests annexation into the South Snohomish County Regional Fire." This is the language preferred by the RFA to let them know that the City intends to begin researching the ramifications of annexation, and this language is in alignment with the language used in the applicable RCW. By using this language we are only asking the RFA to begin their process and analysis. There are several steps involved: Step 1 - The governing body requesting annexation (us) must adopt a Resolution requesting the annexation. This is a requirement from the RCW. Step 2 - On receipt of this Resolution, the Authority may adopt a Resolution amending its plan to establish terms and conditions of the requested annexation and submit the Resolution and plan amendment to the jurisdiction requesting annexation (the City). Step 3 - After the City has passed our Resolution and the RFA has passed their Resolution, both parties can then proceed with examining whether or not we want to pursue annexation. This is when a significant amount of research and fact finding will be done. Step 4 - If we, the City, decide to move forward, we must then adopt a second Resolution, which would be to approve the Annexation and the Plan Amendments, and would specify the details of how we want to move forward. This Resolution would also approve putting it on an upcoming ballot for voter approval. Packet Pg. 148 9.1 Only after all of those steps are completed can the annexation be placed on a ballot. This Resolution before you tonight represents nothing more than the first step in deciding whether or not we want to join the RFA. This Resolution does not bind the City to any further action. Attachments: Resolution Re RFA Annexation Sept 26 PSPHSP July 11, 2023 COMMITTEE MEETING MINUTES Packet Pg. 149 9.1.a RESOLUTION NO. XXXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON EXPRESSING THE INTENT TO PURSUE THE BENEFITS OF RECEIVING FIRE AND EMERGENCY MEDICAL SERVICES FROM THE SOUTH SNOHOMISH COUNTY REGIONAL FIRE AUTHORITY VIA ANNEXATION WHEREAS, the City of Edmonds ("the City") and the South Snohomish County Fire & Rescue Regional Authority ("SCF") share a contiguous border along the City's Eastern boundary; and WHEREAS, the City is a fire protection jurisdiction as defined in RCW 52.26.020(3); and WHEREAS, RCW 52.26 authorizes two or more fire protection jurisdictions to participate in a regional fire services authority commonly known as a regional fire authority or "RFA"; and WHEREAS, the City and SCF are interested in pursuing the potential operational efficiencies and cost savings over other available service providers, as a result of annexing into SCF; and WHEREAS, both the City and SCF believe that the public health and safety of the citizens they serve will benefit from annexation into SCF; and WHEREAS, the City would like to express the intent to pursue the benefits of receiving fire and emergency medical services as a member of the RFA; and WHEREAS, this Resolution does not bind the City to any course of action other than to discuss with SCF representatives the possible ramifications of annexation into SCF; and WHEREAS, this Resolution does not preclude or prevent the City from investigating other alternatives for fire and emergency medical services; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, THAT: Section 1. Pursuant to RCW 52.26.300(2), the City requests annexation into the South Snohomish County Regional Fire, subject to the provisions of RCW 52.26.300(3) and voter approval. Section 2. The City Clerk is instructed to file this Resolution with the Governing Board of SCF in accordance with RCW 52.26.300(2). Resolved this day of September, 2023. Packet Pg. 150 9.1.a APPROVED: MIKE NELSON, MAYOR ATTEST/AUTHENTICATED: SCOTT PASSEY, CITY CLERK FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO.: Packet Pg. 151 9.1.b PUBLIC SAFETY, PLANNING, HUMAN SERVICES & PERSONNEL COMMITTEE MEETING July 11, 2023 Elected Officials Present Staff Present Councilmember Vivian Olson (Chair) Shane Hawley, Police Commander Councilmember Jenna Nand Susan McLaughlin, Planning & Dev. Dir. Council President Neil Tibbott (ex-officio) David Levitan, Planning Manager Councilmember Susan Paine Nicholas Falk, Deputy City Clerk Councilmember Will Chen 1. CALL TO ORDER The Edmonds City Council PSPHSP Committee meeting was called to order virtually and in the City Council Conference Room, 212 — 5t" Avenue North, Edmonds, at 3:30 p.m. by Councilmember Olson. 2. COMMITTEE BUSINESS 1. Resolution for Annexation into RFA (Regional Fire Authority) Council President Tibbott explained he attended some of Lynnwood's public open houses regarding annexation into the RFA, so he understands the process. Edmonds has been receiving fire and aid services from South County Fire (SCF) and has a contract with SCF through 2030. The City has an option to join the RFA which results in potential cost savings as well as additional funding mechanisms to provide fire and emergency medical services. The purpose of the resolution is provide official communication to the RFA that the City intends to investigate advantages and disadvantages of annexation. Council President Tibbott shared the resolution on screen and highlighted findings of fact in the whereas clauses. Section 1 of the resolution states, "Pursuant to RCW 52.26.300(2), the City requests annexation into the South Snohomish County Regional Fire, subject to the provisions of RCW 52.26.300(3) and voter approval." As the phrase "requests annexation" seems to bypass the research process, he suggested replacing it with "expressing the intent to pursue the benefits of receiving fire and emergency medical services." Questions and discussion followed regarding "requests annexation" stating something different than the agenda memo narrative, interest in exploring annexation, staff providing information regarding the financial impacts on taxpayers in Edmonds and in Esperance, plans for Administrative Services Director Dave Turley to make a presentation to Finance Committee on July 20, RFA taxing citizens directly for fire/aid services removing the obligation for the City to directly pay for those services, when the cost to citizens will be determined, a suggestion to leave out or amend the 5th Whereas clause related to the City and SCF believe that the public health and safety of citizens will benefit from annexation, the council's responsibility to vet all options and whether to include a whereas clause stating that, investigating benefits and costs, process for investigating annexation to Shoreline Fire, focus of this resolution on benefits and cost savings of joining the SCF RFA and a suggestion to change "requests annexation" to "requests information on possible annexation." The committee requested Mr. Turley provide the estimated financial impact for City taxpayers and Esperance. Committee recommendation: Finance Committee consider resolution and PSPHSP committee's suggestions. 2. City Attorney Contract 2024 Packet Pg. 152