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2009.12.08 CC Committee Meetings Agenda PacketAGENDA City Council Committee Meetings Council Chambers, Public Safety Complex 250 5th Avenue North, Edmonds December 08, 2009 6:00 p.m. The City Council Committee meetings are work sessions for the City Council and staff only. The meetings are open to the public but are not public hearings. The Committees will meet in separate meeting rooms as indicated below. 1. Community/Development Services Committee Meeting Room: Council Chambers A. AM-2655 (20 Minutes) Continued discussion on regulations concerning bikini barista stands. B. AM-2656 (20 Minutes) Briefing on temporary homeless shelters and encampments. C. AM-2616 (15 Minutes) Discussion regarding dogs and Sunset Beach. D. AM-2621 (15 Minutes) Discussion about removing colored street markings. E. AM-2646 (15 Minutes) Update of the Stormwater Code (Chapter 18.30). 2.Finance Committee Meeting Room: Jury Meeting Room A. AM-2652 (10 Minutes) 2010 Hourly Positions by Pay Grade, Title, and Wage. B. AM-2653 (10 Minutes) 2010 Non-Represented Employee Pay Schedule. C. AM-2650 (10 Minutes) General Fund Report for the month ending November 30, 2009. D. AM-2651 (15 Minutes) Third Quarter Budget Report. 3.Public Safety Committee Meeting Room: Police Training Room A. AM-2643 (10 Minutes) 2010 Addendum to Prisoner Detention Agreement with City of Lynnwood. B. AM-2644 (10 Minutes) Kenneling Services contract between Adix's Bed and Breakfast and the City of Edmonds. C. AM-2645 (10 Minutes) Woodway Interlocal Agreement for Police Services. D. AM-2634 (15 Minutes) Discussion regarding complaint procedures related to barking dogs. Packet Page 1 of 128 E. AM-2647 (5 Minutes) 2009-2010 Fire Department Update #1. F. AM-2648 (10 Minutes) Contract for Fleet Services with Snohomish County Fire District #1. G. AM-2649 (10 Minutes) Fire Department transition items. H. AM-2654 (10 Minutes) Subscriber Agreement with Public Safety Testing, Inc. for service years 2010- 2012. Packet Page 2 of 128 AM-2655 1.A. Continued Discussion on Regulations Concerning Bikini Barista Stands City Council Committee Meetings Date:12/08/2009 Submitted By:Rob Chave Time:20 Minutes Department:Planning Type:Information Committee:Community/Development Services Information Subject Title Continued discussion on regulations concerning bikini barista stands. Recommendation from Mayor and Staff None required. Previous Council Action The CS/DS Committee held a brief discussion of this item during their previous meeting on November 10, 2009. Narrative During the November 10, 2009, Committee meeting, the City Attorney's office was asked to look into whether the city's regulations adequately addressed this subject. The City Attorney's office will report back to the Committee as part of this agenda item. Fiscal Impact Attachments No file(s) attached. Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 12/03/2009 03:15 PM APRV 2 Mayor Gary Haakenson 12/03/2009 05:06 PM APRV 3 Final Approval Sandy Chase 12/03/2009 05:10 PM APRV Form Started By: Rob Chave Started On: 12/03/2009 01:33 PM Final Approval Date: 12/03/2009 Packet Page 3 of 128 AM-2656 1.B. Briefing on Temporary Homeless Shelters and Encampments City Council Committee Meetings Date:12/08/2009 Submitted By:Rob Chave Time:20 Minutes Department:Planning Type:Information Committee:Community/Development Services Information Subject Title Briefing on temporary homeless shelters and encampments. Recommendation from Mayor and Staff Committee to provide direction to the City Attorney's office on next steps. Previous Council Action None. Narrative The City Attorney's office has been researching this issue relative to existing city codes. Bio Park will lead the discussion. Fiscal Impact Attachments Link: Temporary Uses Table Link: Mercer Island Ordinance Link: Mercer Island Temporary Use Agreement Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 12/03/2009 03:15 PM APRV 2 Mayor Gary Haakenson 12/03/2009 05:06 PM APRV 3 Final Approval Sandy Chase 12/03/2009 05:10 PM APRV Form Started By: Rob Chave Started On: 12/03/2009 01:38 PM Final Approval Date: 12/03/2009 Packet Page 4 of 128 Temporary Uses Zoning Classification R 40,000 R 9,600 R 8,400 R 7,200 R 5,400d R 5,400a R 4,000 R 2,800 R- AC OP NB CB GC LI Amusement rides, carnivals or circuses P P P Christmas tree lots P P P P Community festivals and street fairs P P P Construction sheds or trailers (1)P P P P P P P P P P P Fireworks stands P P P Parking lot and sidewalk sales P P P Personal wireless service facilities (2)P P P P P P P P P P P Seasonal sales of flowers or produce P P P Transitory accommodations (3)P P P P P P P P P P P Yard and garage sales P P P P P P P: Permitted Use C: Conditional Use Numbers in parentheses reference use-specific development and operating conditions under subsection B of this section. 1 2.06.1 60 Temporary uses. A. Use Table. B. Development and Operating Conditions. 1. Construction sheds and trailers are permitted on the subject property or on adjacent property with permission of the owner for the duration of the construction activity; provided, that such sheds and trailers are located in conformance with all required setbacks and no residential or other use shall be made of such sheds or trailers which is unrelated to the construction activity. 2. Temporary PWS facilities as defined in BMC 12.11.020 are permitted solely for the purposes of evaluating the technical feasibility of locating a permanent PWS facility upon the subject property and providing emergency services during natural Packet Page 5 of 128 disasters or other emergencies which may threaten the public health, safety and welfare. The placement and use of temporary PWS facilities shall conform to required setbacks as specified in Chapter 12.11BMC and shall be maintained in a good and safe condition, and shall comply with all federal, state and local rules and regulations. A temporary PWS facility may be used to evaluate the technical feasibility of a particular site for no more than three days. No person may extend the three-day period ihrough trivial or de minimis movements of a temporary PWS facility. Temporary PWS facilities may be used to provide emergency communications services during natural disasters or other emergencies, as determined by the director, which may threaten the public health, safety and welfare. 3. "Transitory accommodations" shall mean tents, sheds, huts, cabins, trailers or other enclosures which are not permanently attached to the ground, may be easily erected and dismantled, and are intended for temporary occupancy, usually for recreational or humanitarian purposes. Transitory accommodations are permitted provided the community development director determines on a case-by-case basis that such use possesses no characteristics which would adversely impact the community in any way, or that any potentially adverse characteristics can be adequately minimized and/or mitigated so as not to be materially detrimental to the community. Transitory accommodations can vary widely in their characteristics, which include but are not limited to size of site, surrounding land uses, duration, number of occupants, noise generation, and light and glare emanation. Accordingly, certain types of transitory ãccommodations may require the imposition of extensive conditions to mitigate potential adverse impacts to the community, while others may not; in some cases, adequate mitigation of impacts may not be feasible, and a proposed transitory accommodation conéequently may not be allowed. The community development director shall therefore have the authority to approve, approve with conditions, or deny a permit for a transitory accommodation proposal, after consideration of the performance criteria set forth herein.a. Process.(1) A transitory accommodation permit shall be required prior to the commencement of such a use, unless the community development director determines, after consideration of the performance criteria set forth in this section, that the proposed transitory accommodation possesses no characteristics which might adversely impact the community. The prospective transitory accommodation host (property owner and lessee, if applicable), sponsor and manager shalljointly apply for the transitory accommodation permit and shall be equally responsible for compliance with all conditions of the permit. "Applicant," as used in these regulations, shall mean the transitory accommodation host, sponsor and manager. "Proponent," as used in these regulations, shall mean the prospective host, sponsor and manager prior to submittal of an application for a transitory accommodation permit. (2) A transitory accommodation permit is a Type ll action and shall be processed accordingly, as set forth in BMC Title 11, Administration of Development Regulations, except that a pre-application conference and transpoftation concurrency review shall not be required. The permit fee shall be established by resolution of the city council. Packet Page 6 of 128 (3) The applicant shall identify potential adverse effects of the proposed transitory accommodation on neighboring properties and the community and shall develop measures to mitigate such effects. The applicant shall submit a transitory accommodations impact mitigation plan with the permit application. The plan shall contain a narrative and drawing(s) that describe, to the satisfaction of the community development director, the measures the applicant will use to mitigate the effects of the transitory accommodation. At a minimum, the plan shall specifically describe the measures that will be implemented to satisfy the approval criteria provided in subsection (BX3Xb) through (f) of this section, except for criteria specifically waived by the community development director. The plan shall include a code of conduct and the names and phone numbers of all persons comprising the applicant. The form and organization of the mitigation plan shall be as specified by the community development director, but the elements of the plan shall be bound together. The approved transitory accommodation impact mitigation plan shall be signed by the community development director and the applicant, and implementation and enforcement of the plan shall be a condition of permit approval.(4) Advance Discussions with Nearby Child Care Facilities and Schools.(A) Prior to applying for a transitory accommodation permit, the proponent shall provide written notice to any licensed child care facility and the administration of any public or private elementary, middle, junior high or high school within 600 feet of the boundaries of the proposed transitory accommodations site, and shall seek comments from said child care facility and school administration. (B) Where no comments are received, or where said child care facility(ies) or the administration of said school(s) is supportive of the proposal, the proponent shall submit an affidavit to this effect with the application. (C) Where said child care facility(ies) or the administration of said school(s) registers objections or concerns regarding the proposed transitory accommodations, the proponent shall attempt to resolve such objections or concerns via a negotiated mitigation plan between the proponent and the child care facility(ies) or school(s). Such a plan shall be submitted with the application and shall be incorporated in the conditions of the permit. Where the negotiations do not result in a mutually agreed upon mitigation plan within 30 days of receipt by the child care facility or school administration of the initial notice from the proponent, but the parties desire to continue to pursue resolution of the issues, the parties may request mediation services from or through the city. ln the event the parties cannot reach agreement after a good faith effort of at least 30 days from receipt by the child care facility or the school administration of the initial notice from the proponent, the proponent may submit an application but shall provide a record of the negotiations between the parties, including but not limited to copies of all correspondence and meeting notes. ln evaluating the application against the performance criteria set forth herein, the director shall consider the topic(s) of the unsuccessful negotiations and the extent to which the parties demonstrated good faith in their discussions. "Good faith' in this context shall mean a recognition of the legitimacy of, and a willingness to reasonably accommodate, each party's needs, desires and concerns. Packet Page 7 of 128 (5) Decisions of the community development director and/or police chief may be appealed. Such appeals shall be heard and decided by the hearing examiner in accordance with the procedures set forth in BMC 11.12.010. (6) Emergencies. The community development director may waive these requirements when a natural or manmade disaster necessitates the immediate establishment of transitory accommodations.(7) Failure to Comply. lf a transitory accommodation permit has been issued, and the community development director determines that the applicant has violated any condition of that permit, the director shall issue a notice of violation and require compliance in accordance with the procedures set forth in Chapter 11.20 BMC, Enforcement. Failure to correct the violation after a reasonable time for compliance shall result in revocation of the permit. ln such an event all activities associated with the accommodation shall cease immediately and the site shall immediately be vacated and restored to its pre-accommodation condition.b. Site Performance Criteria. (1) Size. The site shall be of sufficient land area to support the activities of the transitory accommodation without overcrowding of occupants, intruding into required setbacks or critical areas, destroying vegetation, eroding soils or othenryise overtaxing the land. Where deemed necessary by the community development director, the applicant shall provide a site plan indicating the location of the proposed transitory accommodation on the host property; its area in square feet; and the proposed distribution of, and allocation of space for, anticipated activities including but not limited to sleeping, eating, socializing, and bathing and other personalfunctions. (2) Setbacks from Property Line. All activities of the transitory accommodation shall be set back from adjacent properties a sufficient distance so as not to impinge upon or othenryise unduly influence activities on said adjacent properties. The transitory accommodation shall be positioned on the property in the location that results in the least adverse impact to occupants of neighboring properties. The community development director may require the applicant to change the proposed location of the transitory accommodation to mitigate adverse impacts to occupants of neighboring properties. Where deemed necessary by the community development director, the applicant shall provide a site plan indicating buildings and uses on properties surrounding the proposed transitory accommodation, and the distance the proposed accommodation would be set back from surrounding property lines. A transitory accommodation shall be set back no less than 20 feet from the exterior boundary lines of adjacent properties unless the owners of such properties consent in writing to a reduction or waiver of such setback. (3) Screening of Activities. Where deemed necessary by the community development director, activities of the transitory accommodation shall be obscured from view from adjacent properties, by a minimum six-foot-high temporary fence, an existing fence, existing dense vegetation, an existing topographic difference, distance from exterior property lines, or other means, to the maximum extent feasible. (4) Parking. Adequate parking for the transitory accommodation shall be provided so as not to reduce parking utilized by existing surrounding uses. Where deemed necessary by the community development director, the applicant shall provide a proposed parking plan which addresses the following: Packet Page 8 of 128 (A) A description of parking capacity, both on-site and on-street, that describes the amount and location of parking prior to the transitory accommodation and any displacement of parking resulting from the transitory accommodation; and (B) Any circumstances which may reduce the normal demand for parking, such as off-peak-season use; and/or any mechanisms or strategies to reduce parking demand, such as the provision of shuttle buses for the use of occupants of the iransitóry accommodations, or the provision of shared parking agreements with adjacent uses.(5) Access to Public Transportation. Where occupants of a proposed transitory accommodation are anticipated to walk to public transportation services, said accommodation shall be located no farther than one-half mile walking distance from a regular public transpoftation stop. (6) CriticalAreas. All proposed transitory accommodations shall comply with the city's critical areas regulations as set forth in Chapter 14.04 BMC. Where deemed necessary by the community development director, the applicant shall provide a site plan indicating the presence and extent of any critical areas. (7) Restoration of Site. Upon cessation of the temporary accommodation, the site shall be restored, as near as possible, to its original condition' Where deemed necessary by the community development director, the applicant shall re-plant areas in which vegetation had been removed or destroyed. c. Duration Performance Criteria. (1) Length of Time. The proposed transitory accommodations shall be in operation the minimal length of time necessary to achieve the recreational, humanitarian or other objective(s) of the applicant. Where deemed necessary by the community development director, the applicant shall provide a narrative explaining the objective(s) the applicant seeks to achieve, and the amount of time the applicant beiieves necessary to achieve that objective. However, under no circumstances shall a proposed transitory accommodation be allowed in one location for more than 90 days, eitl"rer consecutively or cumulatively, during any 12-month period, except that where the ninetieth day falls on a Friday, an additionaltwo days shall be allowed to dismantle and remove the accommodation over the immediately following weekend. d. Health and Safety Performance Criteria. Transitory accommodations shall be operated in such a manner as to ensure the health and safety of occupants of the subject and surrounding properties. Accordingly, alltransitory accommodations shall comply with the following:(1) Health Regulations. All applicable city, county and state regulations pertaining to public health shall be met.- (2) Fire Safety. lnspections of the accommodation by the city for fire safety purposes may be conducted at any time and without prior notice. Adequate acceðs, as determined by the fire marshal, shall be maintained within and around the accommodation at alltimes to ensure that emergency vehicles can ingress/egress the site.(3) Building Code Inspections. lnspections of the accommodation by the city to ensure the public health and safety with regard to structures may be conducted at any time and without prior notice. Packet Page 9 of 128 (4) Drinking Water and Solid Waste. An adequate supply of potable water shall be available on-site at all times. Adequate toilet facilities shall be provided on-site, as determined by the public works director. All city, county and state regulations pertaining to drinking water connections and solid waste disposal shall be met. (S) Trash. Adequate facilities for dealing with trash shall be provided on-site. A regular trash patrol or other method of regular maintenance in the immediate vicinity of the site shall be provided. e. Conduct and Security Performance Criteria. (1) Noise. Any transitory accommodation shall comply with city noise regulations as set forth in Chapter 8.26 BMC. Where deemed necessary by the community development director, the applicant shall provide a plan to mitigate potential noise impacts.(2) Light and Glare. Any transitory accommodation shall comply with city light and glare regulations as set forth in Chapter 8.64 BMC. Where deemed neceðsary by the community development director, the applicant shall provide a plan to mitigate potential light and glare impacts. (3) Security. Any transitory accommodation shall comply with city regulations regarding lawful behavior as set forth in BMC Title 9, Criminal Code. Any transitory accommodation shall provide all required legal access to public areas of the site by the city of Bothell police department and any other relevant law enforcement agency at all times. Additionally, where deemed necessary by the community dévelopment director or the police chief, the applicant shall provide for the following: (A) The applicant shall take all reasonable and legal steps to obtain verifiable identification, such as a valid driver's license, government-issued identification card, military identification card, or passport, from all prospective and current camp residents.(B) The applicant will use such identification to obtain warrant and sex offender checks from the King or Snohomish County Sheriff's office or other relevant authority. The anonymity of the requesting party shall be maintained. (C) lf said check reveals that the subject of the check is a sex offender, required to register with the city, county or state authorities pursuant to RCW 9A.44.130, then the applicant shall immediately reject the subject of the check for residency in the transitory accommodation or eject the subject of the check if that person is currently a resident of the accommodation, and shall immediately notify the Bothell police department of such rejection or ejection. (D) lf said check reveals that the subject of the check has an existing or outstanding warrant, then the applicant may select either of the following alternative actions:(1) lmmediately reject or eject the subject of the check and immediately notify the Bothell police department of such rejection or ejection; or (2) Request the Bothell police department to confer with the agency or court of jurisdiction from which the warrant originated to determine whether or nót said agency or court desires the warrant to be served. lf the originating agency or court desires the warrant to be served, the Bothell police department shall do so immediately. lf the originating agency or court declines warrant service, due to the minor nature of the offense for which the warrant was issued or for other reasons, the subject Packet Page 10 of 128 may enter or rema¡n in the transitory accommodation; provided, that the applicant actively assists the subject in resolving the warrant. (E) The applicant shall keep a log of all individuals who stay overnight in the transitory accommodation, including names and dates. Logs shall be kept for a minimum of six months. (F) The applicant shall provide on-site security, as approved by the community development director in consultation with the city of Bothell police department.(4) Codes of Conduct. The applicant shall provide and enforce a written code of conduct which mitigates impacts to neighbors and the community. Said code shall be incorporated into the conditions of approval. f. Other Performance Criteria. (1) lndemnification. The applicant shall defend, indemnify, and hold the city, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits of any nature, including attorney fees, due to the acts or omissions of the applicant in connection with the operation of the transitory accommodation.(2) Liability lnsurance. Where deemed necessary by the community development director, the applicant shall procure and maintain in full force, through the duration of the transitory accommodation, comprehensive general liability insurance with a minimum coverage of $1,000,000 per occurrence/aggregate for personal injury and property damage.(3) Other Criteria. Where deemed necessary, the community development director may identify other performance criteria; require the applicant to describe the potential impacts of the proposed transitory accommodation with respect to those criteria; and determine if measures are warranted to minimize or othenryise mitigate such impacts. (Ord. 1955 S 1,2005; Ord. 1946 S 2,2005; Ord. 1876 S 2,2002; Ord. t815 S 1,2000; Ord. 1733 SS4 (Exh. C),6, 1998; Ord. 1629 S 1' 1996). Packet Page 11 of 128 CITY OF MERCER ISLAND ORDINANCE NO. XXC-XX AN ORDINANCE OF THE CITY OF MERCBR ISLAND, WASHINGTON, AMENDTNG MICC 19.06.010(A), 19.09.010, 19.15.010(B) AND 19.16.010, ANI) ADDING NBW SECTION MICC 19.06.090 IN ORDEII TO PROVIDE DEFINITIONS, REQUIREMENTS, AND PROCEDURBS FOR PERMITTING TBMPORARY ENCAMPMENTS \ryITHIN THB CITY, PROVIDING FOII SBVBRABILITY AND ESTABLISHING AN BFFECTIVE DATE WI-IEREAS, the Seattle Housing and Resource Effort ("SHARE") and the Worneu's I-lousing Equality and Enhancernent League ("WHEEL"), non-profit organizations experienced in operating and managitrg ternporary encalnplnents for homeless individuals, have collaborated to plovide teurpolaly Irousirrg on the Eastside of King County, under the designation "Tent City 4"; and WIjEREAS, both the First Amendment to the United States Constitution and Alticle I Section I I of'the Washington State Constitution protect the free exercise of religion; further', the Religious Land Use and InstitLrtionalized Persons Act of 2000 plohibits governrnents flom irnposing a land use regulation that turrreasonably lirnits religious assernblies, institutions ol'structures. Coult decisions ltold that a cht¡rch sponsoling a Terrrpolary Homeless Encarnpment on its own property constitutes protected leligious cxpression; and WI-IEREAS, the Washington Supreme Court has determined that rnunicipalities rrray not infringe uporr leligioLls institutions'ability to practice their leligion by hosting ternporary encarnprnents, and lirniting rnunicipalities' ability to legislate legalding such ternporal'y encalnpr.rlents to health, saf'ety ancl welfàre issues; and WHEREAS, beginning in May 2004, Tent City 4 has set up temporary encamprnents in sevelal Ilastside Cities including Bellevue, Bothell, Issaquah, Kirkland, Redrnond, as well as in unincolpolated cornnrr¡nities in east King County, including Finn Hill and Cottage Lake, and has accepted invitations to return to sorne of these jurisdictions after positive Tent City 4 experiences; and WI-IEREAS, the City of Mercer Island, it's elected and appointed officials, are cornrnitted to protecting the health, safety and well-being of its citizens, as rnandated by the State Constitution; and WHEREAS, irr keeping with the duties and responsibilities of municipal govelnrnent, telrpol'al'y encanr¡rrnents and the hosting facility are also plotected by all public safety, health and welfare legulatiorrs routinely provided to Mercer Island citizens and visitors; and WHEREAS, Tent City 4 came to the City of Mercer Island in 2008 and the City developed its ou,n expelience with regard to the temporaly encampment; and WHEREAS, City staff pLepared draft changes to the City code to addless safety, health and welfa¡'e issues related to ternporary encampments, and on October 22,2009, a cornrnunity rneeting was helcl to intloduce the proposed code changes to the public; and WHEREAS, the Mercer Island Planning Comrnission was briefed on the telnporary encanlprnent issues ar.rd began its review of the ploposed code changes on October 7 , and the Planning Cornrnission held a public hearing on the proposed changes on Novernber 18,2009; and I 0/0 l /09 l)agc I ol'9 Packet Page 12 of 128 WHEREAS, on December2,2009,the Melcer Island Planning Cornrnission made its fìnal lecournrendations on proposed tetnporary encampment t'egulations; and WHEREAS, the Mercer Island City Councilconsidered the Planning Corntnission's ¡ecorrrrrrendations on January 4,2OlO, held a open record public healing on Januat'y 18, 20 10, held a seconcl reading on February l,2OlO, and has determined to adopt the code changes set folth in this oldinarrce; and NOW, TI-IEREFORE, THE CITY COUNCIL OF THE CITY OF MERCER ISLAND, WASIIINGTON, DO ORDAIN AS FOLLOWS: Scction l. Amenclments to Chanter 19.16 MICC. Definitions. MICC l9.l6.0l0 "Definitions" is heleby amended by adding the following: T Terrrpolatv Encampment: A group of persons temporarily residing in one or more tempot'at'y stt'ttctttt'es. othel than for lecreational putposes. '['enrpolar']¿ Encarnpment Sponsor: A local group or organization that has an agleelnent with the tclnpolar':y encarrrpment managing organization to pt'ovide basic selvices and suppolt for the residents of a tentltolalv encampment and liaison with the surrounding community and joins rvith the tnanagins ol'ganization in an application for a temporary encamp¡nent permit. A "spoltsot'" may be the salne entity as tlle nlanaqing organization. 'l'empolary Encarnprnent Manaeing Organization: A eroup or organization that has the capacity to organize and rnanage a ter¡porarlt encarnpment. A temporary encatnpment "lnanaqing ot'ganizatiorr" Ilray l¡e the sarne errtity as the tetnporat-v encamplnent sponsor' Scction 2. Chapter 19.06 MICC General Reeulations. MICC l9.06.090 "Tertrpot'at'y Encarnptnent Permit" is hereby added as follows: 19.06.090 Temporary Bncampment Permit A. General Conditions. Temporar)¡ encampments are allowed only pursuant to a pet'mit issued irt accoldance with the following conditions: l. Each site occupied b)¡ a tempomry encampment rnust provide ol have available sufficient parkine and vehicr¡lal rnaneuvering area for patrons. 2. 'l'lle tempolar)¿ encarnprnent and the parking of any vehicles associated with the applications shall not displace the host site's parking lot in such a way that the host site no longer Ineets the rninilnttln or reqLrilecl palking of the principle use as required by code or previous applovals unless an alternative parking plan has been anproved by the Code Official. 3. The ternporar)¡ encampment shall be located within one-half mile of a public transit stop. 4. No temporary encampment shall occupy or use public parks in any manner unless specifically apploved by the Parks DepaÉment. Pagc 2 ol'9 Packet Page 13 of 128 5. No temporar)¡ encampment shall occup)¡ or operate with the City of Mercer Island for mole tharl 90 days. 6. The Citl/ shall not qrant a permit for a temporary encampment that is proposed to commence on a site that is within one mile of anl¿ site that contained a ternporary encarnprnent within the last l2 rnonths. 7. All ternporary encamprnents shall obtain. priol to occupancy of the site. all applicable City of Mer.cer Island permits. licenses and other approvals (i.e. business license. buildins peilnit. adrninistlative approvals. etc.). 8. Each site occupied b)¡ a temporaly encampment shall be left free of debris. litter. ol other eviclence of the temporaqy encampment upon completion of removal of the use. 9. The applicant shall submit a complete application for a temporary encarnpment perlnit at least 60 davs before the planned openinq or anv occupancv of the temporarv encampment. 10. The encampment shall be limited to a maximum of 100 persons. if all other conditions ale met. After the encarnprnent reaches its 100 person capacity. any individual(s) who arrive aftel sundown (and meet all screening cliterial will be allowed to stay for one night. after which the individual(s) will not be Þerrrritted entrly until a vacanc)¡ is available. Such occurrences shall be loeged and reported to the City on a weeklv basis. I l. Because of their temporar)¡ nature. temporary structures within ternporat-v encatnptnents shall not be requiled to rneet the Design Review criteria of MICC l9.l I or 19.12. Any pennane¡rt stlttctures. as deternrined b), the Code Official. shall meet all applicable Desien Review criteria. and receive any necessarv Desiqn Review permits. All temporary stt'uctures for temporary encampments shall cotnnly with the following desien criteria: a. TemporalJ¿ encarnpment structures shall be located a minimurn of 20 feet florn any propefty line that abuts a residential propert:¿. All other setbacks and vards applicable to perrnanent structures shall aoply to temporary structures related to temporary encampments. b. A sight obscurins fence. vesetative screen or other visual buffering shall be provided between the ternporarlv encampment and any abuttins residential propefty and the right-oÊway. The fence shall provide a privac]¡ and a visual buffering among neighboring ploperties in a rnannel and mateLial approved b)¡ the Code Official. The Code Official shall considel existing vegetation. fencing. topographic variations and other site conditions in detennining compliance with this requirernent. c. Extelior lighting must be dilected downward. away from adjoining propelties. and contained within the temporaty encampment. 12. No children under the age of l8 are allowed to stay overnight in a temporary encamprnent. In exisent circurnstances. if a child under the age of l8 attempts to stay overnight at the temporaly encamprnent. the encamoment managers shall immediately contact the temporary encampment rnanaqinq orsanization and Washineton State Department of Social and Health Services Child Protective Services. or its successor. 13. The ternporarv encarnpment shall complv with all applicable standards of the Seattle-King Countv Health Department. or its successor. 14. The ternpolar']¡ encarnprnent shall comply with all Washineton State and City codes concelni¡lg. but not lirnited to. drinking water connections. human waste. solid waste disposal. electt'ical svstems. cookine and food handline and fire resistant materials. 15. The temporar)¡ encamprnent shall permit reeular inspections by the City and Kine County I-lealth Departrnent to check compliance with the standards for temporary encampments. The Mercer Island File Page 3 ol'9 Packet Page 14 of 128 Deparfrrrent shall do an initial fire inspection and safety meeting at the inception of the ternporaly eucarnplnent. 16. All temporarly encampments shall have services provided bv a te¡nporary encanìÞment sPonsor and supervised b)¡ a temporarl¿ encampment managing organization. The plopeftv owner. temporary encarnprnenr sponsor. and temporar), encampment manaeing organization shall sign a hold hartnless a¡¡r'eernent for the tetnporary encamþment. 17. The temporarJ¡ encampment managing organization shall maintain a resident loe fol all who ale residinq at the encampment. Such los shall be keot onsite at the encampment. Prosoective encamPtnent resiclents shall be asked to provide a reasonable form of identification when signing the loe. 18. The tempomrly encampment host. encampment sponsor. and encamplnent managing organization shall ensure enforcement of a Code of Conduct at the tempomry encatnpment site. The Code of Conduct shall be in substantialllv the following form or address the followine issues: a. Possession or use of illegal drugs is not permitted. b. No alcohol is Permitted. c. No weapons are permitted. d. All knives over three and one-half inches must be turned in to the encampment Inanager for safekeepins. e. No violence is permitted' f. No open flames are permitted. e. No trespassing into private propertv in the surrounding neiehborhood is perrnitted. h. No littering on the Temporary Encampment site or in the surroundinq neishborhood is perrnitted. Nothing within this section shall prohibit the encampment host. encampment sponsor or encampment rnanager fr.om imposing and enforcins additional Code of Conduct conditions not otherwise inconsistent with this section. 19. The applicant shall obtain warrant and sex offender checks from the King County Sheriff s offìce or other relevant authorit]¡ for all current camp residents within seven days of moving to Mercer Island. as well as fr.orn all new lesidents checking into the temporaly encampment. If said check reveals the subject is a sex offender or has an active warrant. the app licant shall immediately contact the City of Mercer Island Police Departlnent. To verif.v compliance with this requirement. the City of Mercer Island Police Depaftment maJ¿ do random warrant and sex offender checks on temporary encampment residents' 20. Upon detennination that there has been a violation of any decision criteria or condition of anpr.oval. the code official ma)¡ sive written notice to the permit holder describins the alleged violation. Within l4 da)¡s of the rnailine of notice of violation. the permit holder shall show cause why the permit should not be revoked. At the end ofthe l4-da)¡ period. the code official shall sustain or revoke the ner.rnit. When a Ternporary Encampment Permit is revoked. the code official shall notify the pelrrrit holder b), ceftified mail of the revocation and the findines upon which revocation is based. Appeals of decisions to revoke a Temporar)¡ Encampment Permit will be processed pursuant to RCW 36.70C. The availabilit:y of this procedure shallbe in addition to the procedures set out in MICC 19.15.030. 2l . The code official mav recluire any other condition as necessarv to mitieate irnpacts frorn ternporarY encamplnents. B. PeLmit Application. The applicant for a temporarv encampment shall submit all of the followine. Lrnless waived by the Code Official: Page 4 ol'9 Packet Page 15 of 128 l. Geneml apnlication form: 2. A site plan. drawn to scale showing all of the followine: a. all existing structuresl b. existins parkinq stalls: c. parkine stalls prooosed to be unavailable for parkine vehicles durine the Tempolaly Encar.nþment: d. all proposed temporary structures: e. proposed electrical and plumbins connections: f. proposed and existing ingress and esress: and g. any permanent alterations to the site or structures: 3. Proposed fencing detail or typical section: 4. Written authorization from the ownel of the propefty on which the temporaly encarnprnent is located: 5. A hold harrnless aereement. on a form approved by the City Attorney. with a sienature of the propertll owner. ternporarl¿ encamplnent sponsor. and temporary encalnpment managinq orEatlization: 6. A copl¿ of anv agreements with other parties regardine use of parking. either on-site or off-site: 7, A cop:/ of anl/ aereement between the temporary encampment sponsor. temporary encalnpment rnanaging organization. and any schools and/or child care services: 8. A copy ofthe Code ofConduct: 9. Anv other infonnation deemed necessary by the Code Official fol the processing of a temporaly enca¡¡prnent Þermit: and 10. All applicable application filine fees in an arnount established by citv ordinance or lesolution. C. Application Process. A Ternporar]¡ Encampment Permit is an Administt'ative Action. In addition to the r.equirements for the processine of Administrative Actions specified in MICC 19.15. the following additional procedures shall apply: l. Inforrnal Public Meeting Reguired. The code official may require an applicant to condtrct an informal public meetins to inform citizens about a proposed temporary encampment. When recluired. the inf'ormal public meetines shall be held as early in the review process as possible once a cor¡plete application has been submitted. Notice of the public meetins shall be provided in the sarne rnanner as required for notice of the application. at least l0 days prior to the informal public rneeting. and combirred with the notice of application whenever possible. Prior to the public meeting. the temporary encampment sponsor.and manasine organization shall meet and confer with the Mercer Island Police Depaftment resarding the proposed security measures. At the public meetine. a representative of the temporaly encarnprnent sponsor and manasing organization shall present in writing and describe the proposed telnpomw encampment management responsibility plan. and any input or cornment received on the plan. includinq anv comment or input from the Mercer Island Police Department. or co¡nment or input fi'om schools and/or child care services under subsection 2 ofthis section. Copies ofthe agenda. and other' rnateLials shall be provided by the applicant at the meetine. The meeting shall be conducted on the subiect prooerty whenever feas ible. 2. Additional Mailed Notice. The reql¡iLements for mailing the notice of application set forth in MICC 19.15 shallbe expanded to include owners of realproperty within 600 feet of the site for the ploposed ternpomry encampment. Prior to notice of decision of a temporary encamprnent permit by the code offìcial. the temporar)' encampment sponsor. or temporary encampment managing organization shall l 0/0 r /09 Page 5 ol'9 Packet Page 16 of 128 rneet and confer with the administration of any public or private elementary. tniddle. juniol hish or high school within 600 feet of the boundaries of the proposed temporary encampment site. and shall rneet and confer with the operators of any propert),' licensed child care service within 600 feet of the boundaries of the ploposed temporarl¿ encampment site. The temporary encampment soonsor and the school adurinistration and/or child care service operator shall make a good faith effort to asree upon any additional conditions that mav be appropriate or necessary to address school and/or child care concerns reeardine the location of a temporary encampment within 600 feet of such a facility. Any such conditions asreed upon between the parties shall be subrnitted to the code offìcial for consideration. for inclusion within the ternporary encampment permit. In the event the pafties fail to agree on any conditions. eithel partl¡ mal¡ provide the code official with a written summaly of the parties' discussions. which the code official rnay consider in evaluating whether the criteria for the temporary encatnprnent perrnit are met. ol' the need for additional conditions upon the temporary encamoment permit. based on the applicable decision criteria. D. Ernergencies. The code offìcial ma)¡ waive these reouirements when a catastrophic event necessitates the imrnediate establishment of a temporary encampment. Scction 3. Amendments to Chanter 19.06 MICC. General Reeulations. MICC 19.06.010(A) "Plohibited Uses" is hereby amended as follows: I 9.06.010 Prohibited uses. The following uses are prohibited in all zones except as specifically allowed below. A. Por.table toilets except for temporary encampments. emergency or construction use. B. Electr.ic fences or any device designed to give an electric shock to any percon coming in contact thelewith. C. Houseboats and watercraft used for habitation or commercial purposes. D. Excavation and removal from the lot, as distinguished from grading on the lot, of black soil, peat, sarrd, glavel or other natural deposits. E. The use of any vehicle or trailer as a dwelling. F. Any signs, except as permitted by this code, or other city or state regulation. G. The lease of any dwelling or dwelling unit for a period of less than 30 days; provided, Lootns in a bed and breakfast, hotel, or motel may be leased fol periods of less than 30 days. Section 4. Amendments to Chanter 19.09 MICC. Pro¡lerfv Develonment. MICC 19.09.010 "Preapplication and intake screening meetings" is hereby amended as follows: 19.09.010 Preapplication and intake screening meetings. A. Preapplication meetings between the applicant, members of the applicant's project team, and city staff ar.e required forall subdivisions or lot line revisions, shoreline substantial development pertnits, shot'eline deviations, var.iances, telnporarv encampments. and for any alteration of a critical area ot'buffer', except those alterations that are identified as allowed uses under MICC 19.07.030(A)( I ) through (5), (8) and (12). Preapplication meetings may be held for any other development proposal at the request of the applicant. Page ó of9 Packet Page 17 of 128 Section 5. Amendments to Chapter 19.09 MICC. Administration. MICC 19.15.010(E) "Genet'al Procedures" is hereby amended as follows: E. Summary of Actions and Authorities. The following is a nonexclusive list of the actions that the city may take under the development code, the criteria upon which those decisions are to be based, and which boards, commissions, elected officials, or city staff have authority to make the decisions and to hear appeals of those decisions. ACTION DECISION AUTHORITY CRITERIA APPEAL AUTHORITY Right-oÊWay Permit City engineer Chapter 19.09 MICC Hearing examiner Home Business Permit Code official Mrcc r9.02.010 Hearing examiner Special Needs Group Housing Safety Determination Police chief Mrcc 19.06.080(A)Hearing examiner Lot Line Adjustment Permit Code official Chapter 19.08 MICC Hearing examiner Design Review - Minor Exterior Modifi cation Outside Town Center Code offrcial MICC 19.15.040, Chapters l9.l I and 19.12 MICC Design commission Design Review - Minor Exterior Modification in Town Center Design commission MICC 19.15.040, Chapters 19.11 and 19.12 MICC Hearing examiner Final Short Plat Approval Code offÌcial Chapter 19.08 MICC Planning cornmissio¡r Seasorral Development Limitation Waiver Building official or city arborist MICC 19.10.030, 19.07.060(DX4)Building board of appeals Development Code Interpretations Code official Mrcc 19.15.020(L)Planning commissiorr Shoreline Exemption Code official Mrcc 19.07.010 Hearing examiner* Accessory Dwelling Unit Permit Code official Mrcc 19.02.030 Hearing examiner Pleliminary Short Plat Code offrcial Chapter 19.08 MICC Planning commission Deviation (Except Shoreline Deviations) Code official MICC 19.15.020(G), 19.01.070, I 9.02.050(F), I 9.02.020(C)(2) and (DX3) Planning commission Critical Areas Determination Code official Chapter 19.07 MICC Planning commission Shoreline - Substantial Code official MICC 19.07.110 Shoreline hearings Page 7 of9 Packet Page 18 of 128 Development Permit board SEPA Threshold Determination Code official MICC r9.07.120 Planning commissio¡r Short Plat Alteration and Vacations Code official Mrcc 19.08.010(c)Hearing examiner Long Plat Alteration and Vacations City council via planning commission Mrcc r9.08.010(F)Superior court Tenrporary Encampment Code Official MICC 19.06.090 Superior court Conditional Use Permit Planning commission Mrcc 19.l Ll30(2), 19.15.020(G)Hearing examiner Reclassifi cation (Rezone)City council via planning commission* Mrcc 19.15.020(G)Superior court Design Review - Major New Construction Design commission MICC 19.15.040, Chapters 19.l I and 19.12 MICC Hearing examiner Preliminary Long Plat Apploval City council via planning commission* Chapter 19.08 MICC Superior court Final Long Plat Approval City council via code official Chapter 19.08 MICC Superior court Variance Hearing examiner MICC 19.15.020(G), 19.01.070 Planning commission Variance from Short Plat Acreage Limitation Planning commission MICC 19.08.020 City council Critical Areas Reasonable Use Exception Hearing examiner Mrcc 19.07.030(8)Superior courf Street Vacation City council via planning commission** MICC 19.09.070 Superior court Shoreline Deviation Planning commission Mrcc 19.07.080 City council Shoreline Variance Planning commission Mrcc 19.07.11o(cx2xd)State Shorelines Hearings Board Impervious Surface Variance Hearing examiner Mrcc r9.02.020(DX4)Superior court Code Amendment City council via planning commission*' Mrcc 19.15.020(G)Growth management hearings board Comprehensive Plan Arnendment City council via planning commission* Mrcc r9.15.020(G)Growth management hearings board r0/01/09 Page 8 of9 Packet Page 19 of 128 *Finat rulings granting or denying an exemption under MICC 19.07.1l0 are not appealable to the shoreline hearings board (SHB No. 98-60). **The originat action is by the planning commission which holds a public hearing and makes recommendations to the city council which holds a public meeting and makes the final decision. Section 6: Section 7: Section 8: Severabilitv. Ifany section, sentence, clause or phrase ofthis ordinance or any municipal code section amended hereby should be held to be invalid or unconstitutional by a court of competentjurisdiction, such invalidity or unconstitutionality shall not affect the validity ofany other section, sentence, clause or phrase ofthis ordinance or the amended code section. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Effective Date. This Ordinance shall take effect and be in force on 30 days after its passage and publication. PASSED by the City Council of the City of Mercer Island, Washington at its regular meeting on the day of 20_and signed in authentication of its passage. CITY OF MERCER ISLAND Jim Pearman, Mayor ATTEST: Allison Spietz, City Clerk Approved as to Form: Katie Knight, City Attorney Date of Publication: l0/01/09 Page 9 ol9 Packet Page 20 of 128 TEMPORARY USE AGREEMENT THIS AGREEMENT FOR TEMPORARY USE ("Agreement") is dated effective the l6'h aoy of 5Lr n e- , 2008 and is entered into between the City of Mercer Island, a Washington municipal corporation ("City"¡ and the Seattle Housing and Resource Effort ("SHARE") a registered 501(c)(3) non-profit alliance and Women's Housing Equality and Enhancement League ("WHEEL"), a non-profit alliance ("SHARE/WHEEL") and Mercer Island United Methodist Church ("Church"). RECITALS A. The Seattle Flousing and Resource Effort ("SHARE") and the Women's Housing Equality and Enhancement League ("WHEEL"), non-profit organizations experienced in operating and managing temporary encampments for homeless individuals, have collaborated to provide temporary housing on the Eastside of King County, under the designation "Tent City 4." B. Tent City 4 encampments operate under a strictly enforced Code of Conduct to protect the healtl'r and safety of Tent Cify 4 residents and to protect the host cornmunity fi'om any negative effects of an encampment. C. Both the First Amendment to the United States Constitution and Article 1, Section 11 of the Washington State Constitution protect the û'ee exercise of religion; further, the Religious Land Use and Institutionalized Persons Act of 2000 prohibits governments from imposing a land use regulation that un¡easonably limits religious assemblies, institutions or structures. Court decisions hold that a church sponsoring a Temporary Homeless Encampment on its own property constitutes protected religious expression. D. The faith community of Mercer Island welcomes Tent City 4 to Mercer Island and pledges its support and assistance for a safe and positive experience for residents of both Tent City and the greater Mercer Island community. E. The Mercer Island United Methodist Church has extended a specific invitation for Tent City 4 to operate a Temporary Homeless Encampment on its property for a period not to exceed 93 days, beginning not earlier than August 5, 2008. F. Beginning in May 2004,Tent City 4 has had successful stays in several Eastside Cities including Bellevue, Bothell, Issaquah, Kirkland, Redmond, as well as in unincorporated communities in east King County including Finn Hill and Cottage Lake. Tent City 4 has accepted invitations to return to some of these jurisdictions after positive Tent City 4 experiences. G. The City of Mercer Island, its elected and appointed officials are committed to protect the health, safety and well-being of its citizens, as mandated by the State Constitution. Packet Page 21 of 128 H. The Mercer Island City Code does not anticipate a Temporary Homeless Encampment such as that operated by SHARE/WHEEL, and none of the City's regulations or administrative procedures address this special use. I. In keeping with the duties and responsibilities of municipal government, the City of Mercer Island must apply to the Tent City 4 encampment and the hosting Mercer Island United Methodist Church all the public safety, health and welfare protections routinely provided to Mercer Island citizens and visitors. AGREEMENT 1. Defiuitions.. For purposes of this Agreement, the following tenns will have the following meanings: "Temporary Homeless Encampment" shall mean a transient or interim gathering or commuriity comprised of temporary enclosures (tents and other forms of portable shelter that are not permanently attached to the ground), which may inclucle common areas designed to provide food, living and sanitary services to occupants of the encampment. "Church" shall mean the United Methodist Church that has an agreement with SHARE/WHEEL to provide basic services and support for the residents of a Temporary Homeless Encampment and liaison with the surrounding community. Lcngth of Stav. SHARE/WHEEL and the Church will not host, sponsor or manage more than one Temporary Homeless Encamprnent in Mercer Island in any twelve month period, and the length of stay for such Temporary Homeless Encampment shall not exceed 93 days. No more than one Temporary Homeless Encampment will be maintained at any one tirne by SHARE/WHEEL within the city limits. Conditions. SHARE/WHEEL and the Church will not host, sponsor or manage any Temporary Homeless Encampment on Mercer Island ex.cept in accordance with the following conditions and other provisions of this Agreement: (Ð 20' Setback. The Temporary Homeless Encampment shall be located a minimum of 20 feet from the property line of abutting residential properties. ii) Sight obscuring fence or screen. A sight obscuring fence, vegetative screen or other visual buffering shall be provided between the Temporary Homeless Encampment and any abutting residential property. The purpose of this fence or screen is to provide a reasonable degree of privacy and visual buffering among neighboring properties. The Code Official shall consider existing vegetation, fencing, topographic variations and other site eonditions in determining compliance with this requirement. (iii) Exterior Lightine. Exterior lighting must be directed downward, away from adjoining properties, and contained within the Temporary Homeless Encampment. (iv) Maximum Residents. The maximum number of residents within the Temporary Homeless Encampment is 100. In exigent circumstances, this number may be exceeded ifa person or persons seek shelter overnight. ,, 3. Packet Page 22 of 128 4. (v) Parking. A minimum of twenty-six Q6) off-street parking spaces shall be maintained on Mercer Island United Methodist Church property on Saturdays, Sundays and after 6:00 PM on weekdays. A minimum of eight (8) off-street parking spaces shall be maintained on Mercer Island Unitsd Methodist Church property at all other times. During occasional events or gatherings where this parking capacity will be exceeded, visitors will be directed to available public on-street parking and, if necessary, to the public parking lot at the Park on the Lid. (vi) Proximit)¡ to Transit. The Temporary Homeless Encampment shall be located within reasonable walking distance of transit service. The Parties acknowledge that the nearest transit service is located immediately across the street from the Church. (vii) Children Prohibited. No children under the age of 18 are allowed to stay overnight in the Temporary Homeless Encampment. Lr exigent circumstances, if a child under the age of 18 attempts to stay ovemight at the Temporary Homeless Encampment, the Encampment managers will immediately contact SHARE/WHEEL, and SHARE/WHEEL will contact Child Protective Services. (viii) Code of Conduct. SHARE/WHEEL requires its residents to comply with a Code of Conduct, attached hereto as Exhibit A and incorporated into this Agreement as though fully set forth herein. (ix) Cornpliance with Codes. SHARE/WHEEL and the Church shall comply with lawful Washington State and City codes concerning but not limited to, drinking water coru:ections, human waste, solid waste disposal, electrical systems, cooking and fooo handling and fire resistant materials. (x) Identification. SHARE/WHEEL shall obtain verifrable identification from prospective encampment residents and use the identification to obtain sex offender and warrant checks from the appropriate agency. Warrant checks are done before someone is permitted to become an encampment resident. SHARE/WHEEL shall report any positive results of sex offender or wa:rant checks to the Mercer Island Police Department, and comply with all requirements of the Mercer Island Police Department related to prospective residents identified as sex offenders or as having outstanding warrants. SHARE/WHEEL shall not allow any peßon to reside in the Temporary Homeless Encampment who has not completed a warrant check and registered sex offender check from the appropriate agency. (xi) lnspections. SHARE/WHEEL and the Church shall permit regular inspections by the City and/or King County Health Department to check compliance with the standards for encampments. The Mercer Island Fire Department shall do an initial fire inspection and safety meeting at the inception of the Temporary Homeless Encampment at the Church. N,otice and Permit Requirements for Temporarv Homeless Encampmenf!. (Ð Public Meeting. A minimum of 20 calendar days prior to opening date of Temporary Homeless Encampment, SHAREÆVHEEL and the Church shall conduct a neighborhood public information meeting by providing written notice to owners and residents of property within 600 feet of the proposed site, and residents and tenants adjacent to the proposed site. The notice of the neighborhood public information meeting shall also be published in the Mercer Island Reporter not less than 14 days prior to the scheduled Packet Page 23 of 128 meeting. The Mercer Island Reporter is published each Wednesday and submissions are due at noon the Thursday prior to publication The Church shall also provide a designated spokesperson to answer public inquiries, and will state the name and telephone contact information of the designated spokesperson in all public notices. The purpose of the neighborhood public information meeting is to provide the surrounding community with information regarding the proposed duration and operation of the Temporary Homeless Encampment, conditions that will likely be placed on the operation of the Temporary Homeless Encampment, requirements of the Code of Conduct, and to answer questions regarding the Temporary Homeless Encampment. (ii) Schools/Daycares. SHARE/WHEEL and the Church shall meet and confer with the administration of any public or private elementary, middle, junior high or high school within 600 feet of the boundaries of the proposed site, and shall meet and confer witli the operators of any known child care service within 600 feet of the boundaries of the proposed site. SHARE/WHEEL and the Church shall make a good faith effort to reach agreement with the school administration and/or child care service operator upon any additional conditions that may be appropriate or necessary to address school and/or child care concems regarding the location of a Temporary Homeless Encampment within 600 feet of such a facility. The Parties are not a\¡vare of any schools or child care services within 600 feet of the Church. Violation of Agreement. Upon determination that there has been a violation of any terrn or condition of this Agreement, the City will give written notice to SHARE/WI{EEL ancl the sponsoring Church describing the alleged violation. Within 14 days of mailing of notice of violation, SHARE/WHEEL and the Church will either cure the violation or the Temporary Homeless Encampment use will be terminated. Indemnification and.Hol4 Harmless. SHARE/WHEEL and the Church agree that the City is not responsible for the actions, inactions or omissions of SHARE/WHEEL or of any resident of the Temporary Homeless Encampment. SHARE/WHEEL and the Church agree to indemnify, defend and hold the City, its City Council members, employees, agents and volunteers, past and present, harmless from all losses, actions, liabilities for and against any liability for damages to persons or property as the result of: (a) the actions, inactions or omissions of SHARE/V/HEEL or of any Encampment resident or of the Church; (b) the City, the Church and SHARE/WHEEL's entry into this Agreement; and (c) the City's entry into the Temporary Homeless Encampment to enforce this Agreement. Provided, however, that the agreement to indemnify, defend and hold harmless set forth herein shall not apply to damages caused by the negligence of the City. Notice to Parties. Any written notices required by this Agreement shall be directed to the Parties as follows: 1 Packet Page 24 of 128 8. 9. Pastor Leslie A¡ur Ifuight Mercer Island United Methodist Church 7070 SE 24th Street Mercer Island, Washington 98040 Scott Morrow, SHARE Managing Organizer SHARE/WHEEL P.O. Box 2548 Seattle, Washington 981 1 I Katie H. Knight, Interim City Attorney 9611 SE 36tn Street Mercer Island, IVashington 98040 Authority to Sien. Each person signing this Agreement represents and wanants that he or she is duly authorized and empowered to execute and deliver this Agreement on behalf of the party for whom he or she signs. General Provisions. This Agreement contains all ofthe agreements of the Parties with respect to any matter covered or mentioned in this Agreement. No provision of the Agreement may be amended or modified except by written agreement signed by the Parties. This Agreement shall be binding upon and inure to the benefit of the Parties' successors in interest, heirs and assigns. Any provision of this Agreement which is declared invalid or illegal shall in no way affect or invalidate any other provision. kr the event any of the Parties defaults on the performance of any terms of this Agreement or either Party places the enforcement of this Agreement in the hands of an attorney, or files a lawsuit, each Party shall pay all its own attomey fees, costs and expenses. The venue for any dispute related to this Agreement shall be King County, Washington. Failure of the Parties to declare any breach or default immediately upon the occurrence thereof, or delay in taking any action in connection with, shall not waive such breach or defatrlt. Time is of the essence of this Agreement and each and all of its provisions in which perfonnance is a factor. CITY: CITY OF MERCER ISLAND r 9611 SE 36th Street Mercer Island, WA 98040 SHARE/WHEEL: SEATTLE TIOUSING AND RESOURCE EFFORT By: Name: Packet Page 25 of 128 ø7/ø1/2øø8 ø3t12 2ø64482389 ø7/ø?t ¿øAg øt¡49 ?'ø62757663 SHARE/WHEELVEDT CITY tr I.IERCEF ISLAI'¡ PAGE øT PAGË øÊ/ø7 Pæt¡r I¡¡lio Aírr Knight Msrocr Islantl United Methodist Churc.h ?0?0sE24r'sftet Mercer l¡tærd,'$raÊhingûon 98040 Scoc Morrow, SHARF Managing Argauiz,vr SITÁRF/WITEËL P.O. Box 2548 Ssattle, tilashington 98tl I K¿rÍe H. IfiCIlüt, Intcrinr City Atfomey 961I SE 36'r Street Morær Istand, 1¡UssÈingñon 99040 8. Ag{tortq þ,Siqn, Eacb pereon signing tlris Apeçmsnt reo,rússnts end wårünr¡ tftat. hc or she is duly a¡Jthorized and empowErcd to enêcute and deliycç thÍs Agttcment on be¡alfofthe partyfor whom he or she aigf,s. 9. Genor¡l Prorviçiop$ lhio AgreEment contlin€ sü ofthe å8rÊômeots of tbe partie¡ wíth rcspeot to anymatt€r cove¡ed q mEntÍoried in this Agreenrent. No provleioa of tbcAgreement may bc amendcd or modlfied cxcept by úitt*o "grs*¡o*t sigued by thëPartieq rtla Arreement ehrfl be bindiqg upof, ue inum to fi-obc,qsnt of tha parrios' suooos¡rofü iu intercuÇ heûs and assþs. airy provision of thís Agteemfrt which i¡declarcd invâlid or illoga-l êhall íñ no way a{telt or inu¡i¿rt* unyitr,.r p*oision. In rt1g qvgnt mv of the Partiaa ,lcf¡ults on th^c perñrmonoo of arç. ter¡¡,'s uf *rtå egreement 0t :ltl:T,I?-ql":"rhêenfo$cmar oftiris"agrcemanrin tichm¿¡ ofr,,rî*,.y, * ã16 :1.111q *+ Party shall-pav all its orvn ñorney fpe$ costs and a¡orms. rhá "e""u10r üny dispure rclated to this Á..greement shert be King co'nty, $/a'hingÍon. Fa{rure ofthe Pa¡ties to deolat nny breaclior default imn"{iateiyÇon"rÅu oì.urr*.e thereof, or 9?hv ln trkirg my action iu cottnçotio¡r wiih, shatl noíwiive s,,rtiuo.lt or defsult,Tirne is of rhe cssence of this agreãmont EnC*t æl"iiålltiï*"¡síons in wbíchperfurmence is a lhctot" CITY: CNY Or MERCbR ISLAIVD SHARE/ITHþEL; SEATTLE HOTJSING AND By Ricf ard lu. -ennra¿ffiieÇ;96ll SË30ùstreer Mercerlsland, WA 9S040 Packet Page 26 of 128 APPROVBD AS TO FORM:vyoMEN's A¡{D ENH.d By:- HOUSING EQUALITY ENHAT{CEMENT LEAGUE CITURCH: MERCER ISLAND UNITED METHODIST CHURCII L:\TENT CITY\Temp Use Agrmt- Final.doc Packet Page 27 of 128 ø7/ø712øøB ø3.L2 ø71ø7t ¿øø8 91:49 2ø64482389 ?;0627576Ë4 APPRO\TBD A$ TOFORM: Katie H. Kni¡¡q lüainQity4t¡ornÊy h\TENT ChT\Tcmp Urc ÂBrlnh Fln¡t dsc SHARE/tIIEELVEDT CIW gF IERCER IS.ASI PAGE ø2 PAffi 871ø7 CEIIRCE: MERCERIqI,A¡ID UNMED ¡UETEOTTßT CãURËH Bvr nltüår_ Packet Page 28 of 128 EXHIBIT 66A" TENT CITY 4 CODE OF CONDUCT WE, THE PEOPLE OF SIIARE/WHEEL, IN ORDER TO KEEP A MORE HARMONIOUS COMMUNITY, ASK THAT YOU OBSERVE THE FOLLOWING CODE OF CONDUCT: . SHARE/WHEEL'S TENT CITY 4 IS A DRUG AND ALCOHOL FREE ZONE. THOSE CAUGHT DRINKING OR USING DRUGS WILL BE ASKED TO LEAVE. SOBRIETY IS REQI.IIRED.. NO WEAPONS ARE AILOWED. K¡{IVES OVER 3-112INCHES MUST BE CHECKED IN.. VIOLENCE V/ILL NOT BE TOLERATED. PLEASE ATTEMPT TO RESOLVE ANY CONFLICT IN A CREATTVE AND NONVIOLENT MA}INER.. DEGRADING ETHNIC, RACIST, SEXIST OR HOMOPHOBIC REMARKS ARE NOT ACCEPTABLE. NO PHYSICAL PUMSHMENT, VERBAL ABUSE OR INTIMIDATION TVILL BE TOLERATED.. WE ARE A COMMUNITY. PLEASE RESPECT THE RIGHTS Aì\TD PRIVACY OF YOUR FELLOW CITIZENS.o NO MEN IN THE TVOMEN,S TENTS.. NO WOMEN IN THE MEN'S TENTS.. NO OPEN FLAMES.. NO LOITERING OR DISTURBING NEIGHBORS.. NO TRESPASSING.r ATTENDANCE OF AT LEAST ONE OF THE SEVERAL COMMUNITY MEETINGS HELD THROUGH THE WEEK IS REQUIRED.. DAYS AND TMES WILL BE POSTED SO THAT YOU MAY WORK IT INTO YOUR SCHEDULE IF THESE RULES ARE NOT RESPECTED AND ENFORCED, TENT CITY 4 MAY BE PERMANENTLY CLOSED. Packet Page 29 of 128 AM-2616 1.C. Dogs and Sunset Beach City Council Committee Meetings Date:12/08/2009 Submitted By:Jana Spellman Submitted For:Councilmember Plunkett Time:15 Minutes Department:City Council Type:Information Committee: Information Subject Title Discussion regarding dogs and Sunset Beach. Recommendation from Mayor and Staff Previous Council Action Narrative Councilmember Plunkett requested that this item be placed on the CS/DS Committee for discussion (see attached memo). Fiscal Impact Attachments Link: Plunkett Memo Dogs on Sunset Beach 10-13-09 Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 12/01/2009 05:25 PM APRV 2 Mayor Gary Haakenson 12/01/2009 05:37 PM APRV 3 Final Approval Sandy Chase 12/02/2009 02:46 PM APRV Form Started By: Jana Spellman Started On: 11/16/2009 09:32 AM Final Approval Date: 12/02/2009 Packet Page 30 of 128 MEMORANDUM Date: October 13, 2009 To: Public Safety Committee From: Councilmember Plunkett Subject: Dogs and Sunset Beach I had a request from a citizen that could use your consideration. She has a house in north Edmonds. She walks her dog, on a leash, south down the beach toward Edmonds Where she gets to approximately Sunset Ave there is a sign that says no dogs. But the problem for her and others becomes that when she is walking and the tide is coming in the beach behind then gets covered with water. For them to proceed to Brackett’s Landing means they take the dog, on a leash, pass the no dog signs and upon to Brackett’s Landing as, with the tide coming in behind them, it's their only way back to land. They have requested a right of way and/or easement for dogs on a leash from the beach north of Sunset Beach through the parking lot. They are not asking to have they dogs run on the beach only on a leash to walk the beach and up to Brackett’s Landing. To quote from her: "We mentioned the problem of walking to the northern edge of that beach with a dog and the incoming tide hampering a safe return. The only options are to climb over the railroad tracks and up the embankment or illegally cross through the beach." Would you take this up at next opportunity? Michael Plunkett City of Edmonds COUNCIL OFFICE Packet Page 31 of 128 AM-2621 1.D. Removing Colored Street Markings City Council Committee Meetings Date:12/08/2009 Submitted By:Jana Spellman Submitted For:Councilmember Plunkett Time:15 Minutes Department:City Council Type:Information Review Committee: Committee Action: Information Subject Title Discussion about removing colored street markings. Recommendation from Mayor and Staff Previous Council Action N/A Narrative Councilmember Michael Plunkett asked that this item be placed on the CS/DS Committee agenda for discussion (see attached memo). Fiscal Impact Attachments Link: Plunkett Memo 9-21-09 Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 12/01/2009 05:25 PM APRV 2 Mayor Gary Haakenson 12/01/2009 05:37 PM APRV 3 Final Approval Sandy Chase 12/02/2009 02:46 PM APRV Form Started By: Jana Spellman Started On: 11/18/2009 09:44 AM Final Approval Date: 12/02/2009 Packet Page 32 of 128 MEMORANDUM Date: September 21, 2009 To: CS/DS Committee From: Michael Plunkett, Councilmember Subject: Paint Colors on Street. As you may have noticed there are lots of different color paint on our streets. There is red, yellow, green etc., etc. Those are location makers painted when someone has work done in our streets. It could be for private or public work. Most, I would think, is for public work by the City, PUD, State, etc. That paint is not removed and the color makers just stay there long after the work is completed. It seems to me that private or public should be responsible for restoring streets to their original condition. In this case it would only require the street be painted over something that matches the original colors of the street and would cost very little. I have had some folks complain there street is being all color up and not restored. Would the Community Services put this item on there next meeting so discussion of restoration of streets should include repainting so as to end present practice? Thank you. City of Edmonds COUNCIL OFFICE Packet Page 33 of 128 AM-2646 1.E. Update of the Stormwater Code City Council Committee Meetings Date:12/08/2009 Submitted By:Conni Curtis Submitted For:Robert English Time:15 Minutes Department:Engineering Type:Information Committee:Community/Development Services Information Subject Title Update of the Stormwater Code (Chapter 18.30). Recommendation from Mayor and Staff Staff recommends sending the code and supplement to the state Department of Community, Trade, and Economic Development (CTED) for compliance with the provisions of the Growth Management Act (GMA) Previous Council Action None Narrative The following is an outline as part of an update the City of Edmonds Community Development Code (Chapter 18.30: • Code update is for two main reasons: 1. Western Washington Phase II Municipal Stormwater Permit from Department of Ecology requires we adopt updated regulations for sites with one acre or more of land- disturbing activity (i.e., clearing, grading, development) by February 16, 2010. 2. Stormwater management for all size sites has advanced in the past 14 years since the code was last updated. • Applies to development, redevelopment, and construction sites. • Approach to new code is a complete re-write with more choices and updated standards, including allowing for the use of low impact development (LID) techniques. • Proposed Approach to Applying Stormwater Management: 1. Site Planning & Design to Minimize Impervious Surface Area, encourage: - Retention or addition of trees and other vegetation (native) - Green Roof or Rainwater Harvesting (must meet Building Division requirements) - Permeable pavement (concrete, asphalt, pavers, other) - Wheel-strip driveways 2. Mitigate Impervious Surfaces with: Packet Page 34 of 128 - On-Site/LID best management practices (BMPs) - Bioretention (rain gardens or stormwater planter boxes), infiltration, or dispersion where appropriate - Impervious surface reduction credits for proper use of these BMPs (reduce the size of flow control facilities) - Detention • Proposed New Standards: 1. Large Site Projects (>=1 acre): – Primarily rely on the 2005 Ecology Stormwater Manual, with reference to other sections of “equivalent” Phase I Manuals where appropriate. These sites comprise only about 10% of the parcels in Edmonds. 2. Small Site Projects – updated standards - Category 1: 2,000 to <5,000 sf impervious – most smaller single family residential projects – less requirements - Category 2: 5,000 or more sf impervious – larger single family and most multifamily and some commercial – additional requirements (such as water quality and flow control) 3. Minor Site Projects: Typically only require a Stormwater Pollution Prevention Plan • Proposed Format 1. Code (see Exhibit 1) provides what is required 2. Supplement details on how we want to see the requirements implemented (see Supplement Outline in Exhibit 2)-update as new stormwater BMPs are “matured.” • Public Open House Held on November 19, 2009: 1. 17 citizens attended open house 2. Written comment summary (see Exhibit 3) 3. Major issues from Public: - Trees – retain, use as credit - Make it “easy” for homeowners to install rain gardens - Protect Edmonds Marsh • Next Steps for Draft Code and Supplement 1. 60 day comment period by State (Dept. of Community, Trade, & Economic Development or CTED) - GMA 2. Concurrent review by City Planning Division - State Environmental Policy Act (SEPA) – Public Comment Period 3. City Council early 2010 - Public Comment Period Fiscal Impact Attachments Link: Draft Code 18.30 Link: Draft Outline for Supplement Link: Summary of Public Comments Form Routing/Status Route Seq Inbox Approved By Date Status 1 Engineering Conni Curtis 12/03/2009 03:01 PM APRV 2 Public Works Sandy Chase 12/03/2009 03:14 PM APRV Packet Page 35 of 128 2 Public Works Sandy Chase 12/03/2009 03:14 PM APRV 3 City Clerk Sandy Chase 12/03/2009 03:14 PM APRV 4 Mayor Gary Haakenson 12/03/2009 05:06 PM APRV 5 Final Approval Sandy Chase 12/03/2009 05:10 PM APRV Form Started By: Conni Curtis Started On: 12/02/2009 02:14 PM Final Approval Date: 12/03/2009 Packet Page 36 of 128 December 2, 2009 1 Chapter 18.30 STORMWATER MANAGEMENT Sections: 18.30.000 Purpose 18.30.010 Definitions 18.30.020 Administration and Authority 18.30.030 Applicability 18.30.040 Project Classification 18.30.050 Stormwater Management Requirements 18.30.060 Exemptions, Exceptions, and Adjustments 18.30.070 Easements, Deeds, and Covenants 18.30.080 Inspection and Maintenance Roles and Responsibilities 18.30.090 Enforcement Procedures 18.30.000 Purpose A. To protect water resources, reduce the discharge of pollutants to the maximum extent practicable, and satisfy the state requirement under Chapter 90.48 RCW to apply all known, available, and reasonable methods of prevention, control, and treatment (AKART) to stormwater runoff prior to discharge to receiving waters. B. To control stormwater runoff generated by development, redevelopment, construction sites, or modifications to existing stormwater systems that directly or indirectly discharge to the City stormwater system, in a manner that complies with the Western Washington Phase II Municipal Stormwater Permit issued by the Department of Ecology. C. To protect land and the ecological balance of receiving water bodies near development sites from increased surface water runoff rates and durations that could cause flooding or erosion, scouring, and deposition of sediment (caused by development). D. To protect private and public property and city streets and rights-of-way (including easements) from flooding or erosion due to development activity. E. To provide for inspection and maintenance of stormwater facilities in the city to ensure that these facilities perform as designed. F. To require that all public and private stormwater facilities be operated, maintained, and repaired in a manner that conforms to this chapter. G. To establish the minimum standards that must be met for compliance. H. To provide guidelines for all who inspect and maintain stormwater facilities. I. To promote development practices that ensure the above purposes are met. 18.30.010 Definitions For the purposes of this chapter, the following definitions shall apply: A. “Adjustment” means a variation in the application of a Minimum Requirement to a particular project. Adjustments provide substantially equivalent environmental protection. B. “Approval” means the proposed work or completed work conforming to this chapter as approved by the Public Works Director or their designee. C. “Applicant” means the owning individual(s) or corporations or their representatives applying for the permits or approvals described in this Chapter. D. “Best management practice (BMP)” means the schedule of activities, prohibition of practices, maintenance procedures, and structural or managerial practices approved by the City that, when used singly or in combination, prevent or reduce the release pollutants and other adverse impacts to waters of Washington State. E. “City’s Municipal Separate Storm Sewer System or MS4” means a conveyance, or system of conveyances (including roads with Packet Page 37 of 128 December 2, 2009 2 drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains) that are owned or operated by the City of Edmonds, designed or used for collecting or conveying stormwater, and are not a combined sewer nor part of a Publicly Owned Treatment Works as defined in 40 Code of Federal Regulations (CFR) 122.2. F. “Clearing” means the act of cutting or removing vegetation, including grubbing. G. “Common plan of development or sale” means a site where multiple separate and distinct construction activities may take place at different times on different schedules, but still under a single plan. For example: phased projects and projects with multiple filings or lots, even if the separate phases or filings/lots will be constructed under separate contract or by separate owners (e.g., a development where lots are sold to separate builders); a development plan that may be phased over multiple years, but is still under a consistent plan for long-term development; or projects in a contiguous area that may be unrelated but still under the same contract, such as construction of a building extension and a new parking lot at the same facility. H. “Construction Activity” means land- disturbing operations including clearing, grading, or excavation that disturbs the surface of the land. Such activities may include road construction, construction of residential houses, office buildings, or industrial buildings, and demolition activity. I. “Converted Pervious Surface” means the change in land cover changed from native vegetation to lawn, landscape, or pasture areas. J. “Creek” is synonymous with “stream”, which is defined in Chapter 23.40.320 ECDC. K. “Critical areas” is defined in Chapter 23.40.320 ECDC. L. “Design storm” means a rainfall event or pattern of events for use in analyzing and designing drainage facilities. M. “Detention” means a facility for controlling stormwater runoff for a prescribed design storm and releasing the stormwater at a prescribed rate. N. “Director” means the Public Works Director or a designee with an appropriate background in engineering or another related discipline. O. “Earth material” means any rock, natural soil, fill, or any combination thereof. P. “Ecology” means the Washington State Department of Ecology. Q. “Effective impervious surface” means those impervious surfaces that are connected via sheet flow or discrete conveyance to the City’s MS4. R. “Erosion” means the displacement of any earth material of existing vegetation by rainfall, stormwater runoff, or seepage. S. “Excavation” means the removal of any earth material. T. “Exception” means relief from the application of a Minimum Requirement to a project. U. “Fill” means a deposit of earth material placed by artificial means. V. “Groundwater” means water in a saturated zone or stratum beneath the land surface or below a water body. W. “Illicit discharge” means any direct or indirect non-stormwater discharge to the City’s MS4, groundwaters, or a water body, except as expressly allowed by Chapter 7.200 of Edmonds City Code. X. “Impervious surface” means a hard surface area that either prevents or retards the entry of water into the soil mantle as it occurs under natural conditions prior to development, resulting in stormwater runoff from the surface in greater quantities or at an increased rate of flow compared to stormwater runoff characteristics under natural conditions prior to development. Packet Page 38 of 128 December 2, 2009 3 Common impervious surfaces include (but are not limited to) rooftops, walkways, patios, driveways, parking lots or storage areas, concrete or asphalt paving, gravel roads, packed earthen materials, and oiled macadam or other surfaces that similarly impede the natural infiltration of stormwater. Open, uncovered retention/detention facilities shall not be considered impervious surfaces for purposes of determining whether the thresholds for application of minimum requirements are exceeded. However, open, uncovered retention/detention facilities shall be considered impervious surfaces for purposes of runoff modeling. Outdoor swimming pools shall be considered impervious surfaces in all situations. Y. “Lake” means an inland body of fresh water surrounded by land. Z. “Land-disturbing activity” means any activity that results in movement of earth, or a change in the existing soil cover (both vegetative and non-vegetative) or the existing soil topography. Land-disturbing activities include, but are not limited to clearing, grading, filling, and excavation. Compaction that is associated with stabilization of structures and road construction shall also be considered a land-disturbing activity. Vegetation maintenance practices are not considered land-disturbing activity. AA. “Low Impact Development” means development conducted in a way that seeks to minimize or completely prevent alterations to the natural hydrology of the site. Low impact development includes site planning and design to reduce alterations of natural soil and vegetation cover, minimize impervious surfaces, and specific practices that help to replicate natural hydrology such as permeable pavements, green roofs, soil amendments, bioretention systems, and dispersion of runoff. BB. “Maintenance” means repair and maintenance activities conducted on currently serviceable structures, facilities, and equipment that involves no expansion or use beyond that previously existing, and results in no significant adverse hydrologic impact. It includes those usual activities taken to prevent a decline, lapse, or cessation in the use of structures and systems. Those usual activities may include replacement of dysfunctional facilities, including cases where environmental permits require replacing an existing structure with a different type structure, as long as the functioning characteristics of the original structure are not changed. CC. “Maximum extent feasible” means the requirement is to be fully implemented, constrained only by the physical limitations of the site, practical considerations of engineering design, and reasonable considerations of financial costs and environmental impacts. DD. “MS4” means the City’s Municipal Separate Storm Sewer System. EE. “Native vegetation” means vegetation comprised of plant species (other than noxious weeds) indigenous to the coastal region of the Pacific Northwest which could have been reasonably expected to occur naturally on the site. Examples include trees such as Douglas fir, western hemlock, western red cedar, alder, big-leaf maple, and vine maple; shrubs such as willow, elderberry, salmonberry, and salal; and herbaceous plants such as sword fern, foam flower, and fireweed. FF. “Natural drainage systems and outfalls” means the location of the channels, swales, and other non-manmade conveyance systems as defined by the earliest documented topographic contours existing for the subject property, either from maps or photographs, or such other means as appropriate. GG. “New development” means land- disturbing activities, including Class IV general forest practices that are conversions from timber land to other uses per Chapter 76.09.050 RCW; structural development, including construction or installation of a building or other structure; creation of Packet Page 39 of 128 December 2, 2009 4 impervious surfaces; and subdivision, short subdivision, and binding site plans, as defined and applied in Chapter 58.17 RCW. Projects meeting the definition of redevelopment shall not be considered new development. If the project is part of a common development plan or sale, the disturbed area of the entire plan shall be used in determining permit requirements. HH. “New Impervious Surface” means impervious surface created after July 6, 1977 (the effective date of the City’s first drainage control ordinance) that meets the conditions described in the City of Edmonds Stormwater Supplement (see Chapter 18.30.050). II. “Person” means any individual, partnership, corporation, association, organization, cooperative, public or municipal corporation, agency of the state, or local government unit, however designated. JJ. “Project site” means that portion of a property, properties, or right of way subject to land-disturbing activities, new impervious surfaces, or replaced impervious surfaces. If the project is part of a common development plan or sale, the disturbed area of the entire plan shall be used in determining permit requirements. KK. “Receiving waters” means waterbodies or surface water systems to which surface runoff is discharged via a point source of stormwater or via sheet flow. LL. “Redevelopment” means on a site that is already substantially developed, the creation or addition of impervious surfaces; the expansion of a building footprint or addition or replacement of a structure; structural development including construction, installation, or expansion of a building or other structure; replacement of impervious surface that is not part of a routine maintenance activity; and land-disturbing activities. MM. “Replaced impervious surface” means for structures, the removal and replacement of any exterior impervious surfaces or foundation. For other impervious surfaces, means the removal down to bare soil or base course and replacement. For sites with existing single family dwelling units, (as defined in Chapter 21.90.080 ECDC) a project that solely replaces the other impervious surfaces in-kind (footprint and imperviousness of material does not change), shall not be considered replaced impervious surface for the purposes of this chapter, unless the project site has 1 acre or greater of land-disturbing activities. (Note: These surfaces may qualify as “new impervious surface” – see definition.) NN. “Roadway” means the traveled impervious portion of any public or private road or street. OO. “Site” means the area defined by the legal boundaries of a parcel or parcels of land that is (are) subject to new development or redevelopment. For road projects, or utility projects in the right-of-way, the length of the project site and the right-of-way boundaries define the site. PP. “Slope” means the degree of slant of a surface measured as a numerical ratio, percent, or in degrees. Expressed as a ratio, the first number is the horizontal distance (run) and the second is the vertical distance (rise), as 2:1. A 2:1 slope is a 50 percent slope. Expressed in degrees, the slope is the angle from the horizontal plane, with a 90- degree slope being vertical (maximum) and 45 degrees being a 1:1 or 100 percent slope. QQ. “Soil” means the unconsolidated mantle of the earth that serves as a natural medium for the growth of land plants. RR. “Source control” means a structure or operation that is intended to prevent pollutants from coming into contact with stormwater through physical separation of areas or careful management of activities that are sources of pollutants. SS. “Stormwater” means runoff during and following precipitation and snowmelt events, including surface runoff and drainage. Packet Page 40 of 128 December 2, 2009 5 TT. “Stormwater facility” means a constructed component of a stormwater drainage system, designed and constructed to perform a particular function, or multiple functions. Stormwater facilities include, but are not limited to, pipes, pumping systems, swales, ditches, culverts, street gutters, catch basins, detention basins, wetlands, infiltration devices, and pollutant removal devices. UU. “Stormwater site plan” The report and associated plans containing all of the technical information and analysis necessary for the City to evaluate a proposed new development or redevelopment project for compliance with stormwater requirements. Contents of the Stormwater Site Plan will vary with the type and size of the project, and individual site characteristics. It may include a Construction Stormwater Pollution Prevention Plan (Construction SWPPP) and a Permanent Stormwater Control Plan (PSC Plan). VV. “Substantially developed” means for sites in zone district RS (as defined Chapter 16 ECDC) those that have an existing single family dwelling unit (as defined in Chapter 21.90.080 ECDC). For sites with all other zone districts, substantially developed shall mean those sites with 35 percent or more existing impervious surface coverage. WW. “Threshold discharge area” means an onsite area that drains to either a single natural discharge location or multiple natural discharge locations that combine within one- quarter mile downstream (as determined by the shortest flowpath). The examples in Figure 2.1 presented in Volume I of the Stormwater Management Manual for Western Washington (2005) illustrate this definition. The purpose of this definition is to clarify how the thresholds of this code are applied to project sites with multiple discharge points. XX. “Variance” means the same as “Exception”. YY. “Water body” means a surface water feature, whether standing or flowing, including (but not limited to) sounds, lakes, ponds, rivers, streams, and creeks including waters of the state. ZZ. “Watershed” means a geographic region within which water drains into a particular river, stream, or water body. AAA. “Waters of the state” includes those waters as defined as “waters of the United States” in 40 CFR Subpart 122.2 within the geographic boundaries of Washington State, and “waters of the state” as defined in Chapter 90.48 RCW which includes lakes, rivers, ponds, streams, inland waters, underground waters, salt waters and all other surface waters and water courses within the jurisdiction of the State of Washington. BBB. “Wetlands” are as defined in Chapter 23.40.320 ECDC. 18.30.020 Administration and Authority A. Director. The Public Works Director or a designee shall administer this chapter and shall be referred to as the Director. The Director shall have the authority to develop and implement procedures to administer and enforce this chapter. B. Review. The Director shall review all plans for compliance with this chapter. Revision and resubmittal to Stormwater Site Plans may be required. C. Fee. A review fee as set in Chapter 15.00 ECDC shall be paid. D. Enforcement Authority. The Director shall enforce this chapter. E. Inspection. All activities regulated by this chapter shall be inspected by the Director. The Director shall inspect projects for approval at various stages of the work to determine that they are being constructed per the approved Stormwater Site Plans. Stages of work requiring inspection include (but are not limited to) preconstruction, installation of BMPs, land-disturbing activities, installation Packet Page 41 of 128 December 2, 2009 6 of utilities, landscaping, and completion of project. When required by the Director, a special inspection or testing shall be performed. The drainage system shall be installed concurrently with site development and shall be completed as shown on the approved plan before city approval of an occupancy permit or final inspection. 18.30.030 Applicability A. This chapter applies if any of the following pertains to a site: 1. Issuance of a City permit is required: a. Under all other chapters of Title 18 ECDC b. By the Building Division. 2. A Subdivision application is submitted per Chapter 20.75.040. 3. The proposed project: a. Involves 500 square feet or more of land-disturbing activity, new impervious surface or replaced impervious surface. Routine landscape maintenance practices outside of Critical Areas (as defined in Title 23 ECDC) and ongoing farming or gardening activities shall be excluded unless there is the potential for such an activity to cause an illicit discharge to the City’s MS4. b. Is a utility or other construction projects consisting of 500 lineal feet or more of trench excavation. c. Is located in, adjacent to, or drains into (currently or as a result of the project) a Critical Area or a Critical Area Buffer. B. This chapter applies to actions whenever the Director determines there is a potential for: 1. An illicit discharge or physical damage to the City’s MS4 or downstream properties, or 2. A violation of applicable City, State, or Federal laws, regulations or permits. C. If a City Permit has been issued or a subdivision application submitted for a site, as provided in Section 18.30.030.A, the requirements of this chapter shall be administered under those permits. If the site activities triggered in Section A of this subchapter do not necessitate City-issued permit, the requirements of this chapter shall be administered under a Stormwater Permit. D. The requirements of this chapter are minimum requirements. They do not replace, repeal, abrogate, supersede or affect any other more stringent requirements, rules, regulations, covenants, standards, or restrictions. Where this chapter imposes requirements that are more protective of human health or the environment than those set forth elsewhere, the provisions of this chapter shall prevail. When this chapter imposes requirements that are less protective of human health or the environment than those set forth elsewhere, the provisions of the more protective requirements shall prevail. E. The minimum requirements that apply to a project site will differ based on (but are not limited to) the following: project scope and configuration, physical site characteristics, site location, and subsurface conditions. The combination of site activities and physical characteristics will classify the type of project as described in Section 18.30.040. Stormwater Management Requirements are described in Chapter 18.30.050. F. Approvals and permits granted under this chapter are not waivers of the requirements of any other laws, nor do they indicate compliance with any other laws. Compliance is still required with all applicable federal, state and local laws and regulations, including rules promulgated under authority of this chapter. G. Compliance with the provisions of this chapter does not necessarily mitigate all impacts to the environment. Thus, Packet Page 42 of 128 December 2, 2009 7 compliance with this chapter should not be construed as mitigating all drainage water or other environmental impacts, and additional mitigation may be required to protect the environment pursuant to other applicable laws and regulations. The primary obligation for compliance with this chapter and for preventing environmental harm on or from property is placed upon the applicant. 18.30.040 Project Classification For purposes of this chapter, projects are classified as Large Site, Small Site, or Minor Site as described below, primarily based in the extent of land-disturbing activities. A. Large Site Project. Projects are Large Site Projects if they involve: 1. 1 acre or more of land-disturbing activity, or 1. If the project disturbs less than 1 acre of land and it is part of a larger common plan of development or sale where land- disturbing activity involves 1 acre or more. B. Small Site Project. Projects are Small Site Projects if are they are not Large Site Projects and they involve: 1. 2,000 square feet or greater of new, replaced, or new plus replaced impervious surface area or 2. At least 7,000 square feet of land- disturbing activity or 3. 50 cubic yards or more of either grading, filling, or excavating as described in Chapter 18.40.000 ECDC. C. Minor Site Project. Projects are Minor Site Projects if they involve: 1. 500 square feet or greater of new development or redevelopment including land-disturbing activity and utility projects that cause land disturbance and 2. Are not a Large or Small Site Project 18.30.050 Stormwater Management Requirements A. General 1. All activities covered by this chapter shall comply with the site planning and best management selection and design criteria in the City of Edmonds Stormwater Supplement (Exhibit A), herein referred to as the Stormwater Supplement, to implement the applicable minimum technical requirements listed in this chapter. 2. The City may allow alternative or regional approaches to treatment, flow control, or other minimum requirements per the Basin/Watershed provisions the Western Washington Phase II Municipal Stormwater Permit. B. Illicit Discharges and Connections. Non-stormwater illicit discharges, including spills into the City’s stormwater drainage system, are prohibited per ECDC 7.200. C. Low Impact Development. Low Impact Development techniques shall be employed where feasible, reasonable, and appropriate. When low impact development techniques are employed, the design shall be consistent with the most recent version of the Low Impact Development, Technical Guidance for Puget Sound (Puget Sound Action Team and Washington State University Pierce County Extension) or the Stormwater Supplement. D. Minimum Technical Requirements by Project Classification. The following lists the additional requirements that apply to the specific project classes: 1. Large Site Projects. Large Site Projects shall meet the minimum technical requirements outlined in Section 3 and Section 4 of Appendix 1 of the Western Washington Phase II Municipal Stormwater Permit) and the Stormwater Supplement. 2. Small Site Projects. Small Site Projects are further defined as Category 1 or Packet Page 43 of 128 December 2, 2009 8 Category 2. All new development or redevelopment projects shall, at a minimum, comply with the applicable requirements for Category 1 or Category 2 as found in the Stormwater Supplement. Any or all of small site minimum requirements (SSMRs) may be required on any Small Site Project by the Director to meet the purpose of this Chapter based on site specific factors including, but not limed to, location, soil conditions, slope, and designated use. These requirements are summarized as follows: a. Category 1: For Small Site Projects with less than 5,000 square feet of new, replaced, or new plus replaced impervious surface area the following SSMRs shall apply: i. SSMR #1 – Preparation of Stormwater Site Plan ii. SSMR #2 – Construction Stormwater Pollution Prevention Plan iii. SSMR #3 – Source Control of Pollution iv. SSMR #4 – Preservation of Natural Drainage Systems and Outfalls v. SSMR #5 – Onsite Stormwater Management/Low Impact Development Techniques vi. SSMR #7 - Flow Control - This SSMR may be waived by the Director based on the extent of application of SSMR #5 to infiltrate, disperse, and retain stormwater runoff on site without causing flooding or erosion impact, per the criteria in the Stormwater Supplement. vii. SSMR#11 – Financial Liability – Applies to stormwater systems constructed in or adjacent to Critical Areas or Critical Area buffers. b. Category 2: For Small Site Projects that include 5,000 square feet or greater of new, replaced, or new plus replaced impervious surface area; or Convert ¾ acre or more of native vegetation to lawn or landscaped area; or, through a combination of creating effective impervious surface and converted pervious surfaces, causes a 0.1 cubic feet per second increase in the 100-year flow frequency from a threshold discharge area as estimated using an approved model. The following SSMRs shall apply: i SSMR #1 - Preparation of Stormwater Site Plan ii. SSMR #2 – Construction Stormwater Pollution Prevention Plan iii. SSMR #3 – Source Control of Pollution iv. SSMR #4 – Preservation of Natural Drainage Systems and Outfalls v. SSMR #5 – Onsite Stormwater Management/Low Impact Development Techniques for Controlling Runoff vi. SSMR #6 – Runoff Treatment. vii. SSMR #7 – Flow Control viii. SSMR #8 – Wetland Protection ix. SSMR #9 – Operation and Maintenance x. SSMR #10 – Off-Site Analysis and Mitigation xi. SSMR #11 – Financial Liability c. Any or all of SSMRs may be required on any Small Site Project by the Director to meet the purpose of this Chapter based on site specific factors including, but not limed to, location, soil conditions, slope, and designated use. 3. Minor Site Projects The following Minimum Requirements apply to Minor Site Projects: a. Minor Site Stormwater Pollution Prevention Practices as described in the Stormwater Supplement. b. Additional requirements may be imposed by the Director or designee on Minor Project Sites to meet the purpose of this Chapter based on site specific factors Packet Page 44 of 128 December 2, 2009 9 including, but not limed to, location, soil conditions, slope, and designated use. 18.30.060 Exemptions, Exceptions, and Adjustments A. Exemptions The following land uses and land-disturbing activities are exempt from the provisions of this chapter: 1. Forest practices regulated under Title 222 WAC, except for Class IV general forest practices that are conversions from timber land to other uses, are exempt from the provisions of the minimum requirements. 2. Commercial agriculture practices that involve working land for production are generally exempt. However, land conversion from timberland to agriculture, and the construction of impervious surfaces are not exempt. 3. Construction of drilling sites, waste management pits, and associated access roads, and construction of transportation and treatment infrastructure such as pipelines, natural gas treatment plants, natural gas pipeline compressor stations, and crude oil pumping stations are exempt. Operators are encouraged to implement and maintain best management practices to minimize erosion and control sediment during and after construction activities to help ensure protection of surface water quality during storm events. 4. The following roadway maintenance practices or activities are exempt: pothole and square-cut patching, overlaying existing asphalt or concrete pavement with asphalt or concrete without expanding the area of coverage, shoulder grading, reshaping/regrading drainage systems, crack sealing, resurfacing with in- kind material without expanding the road prism, and roadside vegetation maintenance. For Large Site Projects only, the following road maintenance practices or activities are considered redevelopment, and therefore are not categorically exempt. The extent to which this exemption applies is explained for each circumstance. a. Removing and replacing a paved surface to base course or a lower level, or repairing the roadway base: If impervious surfaces are not expanded, Large Site Project Minimum Requirements #1 - #5 apply. However, in most cases, only Large Site Project Minimum Requirement #2, Construction Stormwater Pollution Prevention, shall be required. Where appropriate, project proponents are encouraged to look for opportunities to use permeable and porous pavements. b. Extending the pavement edge without increasing the size of the road prism, or paving graveled shoulders are considered new impervious surfaces and are subject to the minimum requirements that are triggered when the thresholds identified for redevelopment projects are met. c. Resurfacing by upgrading from dirt to gravel, asphalt, or concrete; or upgrading from gravel to asphalt, or concrete; or upgrading from a bituminous surface treatment (“chip seal”) to asphalt or concrete: These are considered new impervious surfaces and are subject to the minimum requirements that are triggered when the thresholds identified for redevelopment projects are met. 1. Underground utility projects that replace the ground surface with in-kind material or materials with similar runoff characteristics are only subject to Minimum Requirement #2, Construction Stormwater Pollution Prevention. 2. With respect to replaced impervious surfaces, a redevelopment project may be exempt from compliance with SSMR 6 (treatment), SSMR 7 (flow control), and SSMR 8 (wetlands protection) (and the associated minimum requirements for large sites) should the City adopt a plan and schedule that fulfills those requirements through a regional drainage control plan Packet Page 45 of 128 December 2, 2009 10 (e.g., via a regional facility or facilities, stream restoration, or basin-specific development requirements). 3. City capital and maintenance projects are exempt from the financial liability minimum requirement. B. Exceptions 1. The Director may approve a request for an exception to the requirements of this chapter when the applicant demonstrates that the exception will not increase risks to public health, safety, and welfare, or to water quality, or to public and private property in the vicinity or downstream of the property, and it has been determined that one or more of the following applies: a. The requirement would cause a severe and unexpected financial hardship that outweighs the requirement’s benefits, and the criteria for an adjustment cannot be met; or b. The requirement would cause harm or a significant threat of harm to public health, safety, and welfare, the environment, or public and private property, and the criteria for an adjustment cannot be met; or c. The requirement is not technically feasible, and the criteria for an adjustment cannot be met; or d. An emergency situation exists that necessitates approval of the exception. 2. An exception to the requirements shall only be granted to the extent necessary to provide relief from the economic hardship as determined by the Director, to alleviate the harm or threat of harm to the degree that compliance with the requirement becomes technically feasible, or to perform the emergency work that the Director determines is warranted. The exception shall be the least possible exception that could be granted and still provide compliance with the intent of the minimum requirements. 3. The Director may require an applicant to provide additional information at the applicant’s expense, including (but not limited to) an engineer’s report or analysis. 4. When an exception is granted, the Director may impose new or additional requirements to offset or mitigate harm or the threat of harm that may be caused by granting the exception, or that would have been prevented if the exception had not been granted. 5. Public notice of an application for an exception and of the Director’s decision on the application shall be provided for in the manner prescribed in (to be determined by City Council with the recommendation of the City Attorney.) 6. The Director’s decision shall be in writing with written findings of fact. 7. An application for an exception on the grounds of severe and unexpected financial hardship shall describe, at a minimum, all of the following: a. The current, pre-project use of the site; and b. How application of the requirement(s) for which an exception is being requested restricts the proposed use of the site compared to the restrictions that existed prior to adoption of this chapter; and c. The possible remaining uses of the site if the exception were not granted; and d. The possible uses of the site that would have been allowed prior to the adoption of this chapter; and e. A comparison of the estimated amount and percentage of value loss as a result of the requirements versus the estimated amount and percentage of value loss as a result of requirements that existed prior to adoption of the requirements of this chapter; and Packet Page 46 of 128 December 2, 2009 11 f. The feasibility of the applicant to alter the project to apply the requirements of this chapter. 8. An applicant aggrieved by the Director’s decision on an application for an exception may appeal the decision to the Hearing Examiner’s Office in accordance with the appeal process for [reserved for reference to appropriate appeal procedure]. 9. The Hearing Examiner shall affirm the Director’s decision unless the Hearing Examiner finds the decision is clearly erroneous based on substantial evidence. The applicant for the exception shall carry the burden of proof on all issues related to justifying the exception. 10. The Director shall keep a record including the Director’s findings of fact, on all approved requests for exceptions. C. Adjustments 1. The Director may approve a request for adjustments to the requirements of this chapter when the Director finds that: a. The adjustment provides substantially equivalent environmental protection; and b. The objectives of safety, function, environmental protection, and facility maintenance are met, based on sound engineering practices. 2. During construction, the Director may require, or the applicant may request, that the construction of drainage control facilities and associated project designs be adjusted if physical conditions are discovered on the site that are inconsistent with the assumptions on which the approval was based, including (but not limited to) unexpected soil or water conditions, weather generated problems, or changes in the design of the improved areas; and 3. A request by the applicant for an adjustment shall be submitted to the Director for review and approval prior to implementation. The request shall be in writing and shall provide facts substantiating the requirements of subsection C.1, and if made during construction, the factors in subsection C.2. Any such modifications made during the construction of drainage control facilities shall be included with the final approved drainage control plan. 4. An applicant aggrieved by the Director’s decision on an application for an adjustment may appeal the decision to the Hearing Examiner’s Office in accordance with the appeal process for “[reserved for reference to appropriate appeal procedure]. 18.30.070 Easements, Deeds, and Covenants A. Easements A Public Storm Drainage Inspection Easement shall be required where: 1. Stormwater facilities identified on project plans will be located on property owned by a party other than the owner of the project site or 2. Access is needed to structural or non structural stormwater facilities for inspection by the City to ensure that these stormwater best management practices continue to function as designed. Easements shall be as specified in Engineering Division documents or approved by the Director, and recorded with Snohomish County and on all proper deeds. B. Deeds and Covenants for Low Impact Development. Deed restrictions and covenants shall be required for all sites using low impact development techniques per the Stormwater Supplement to ensure that these stormwater best management practices continue to function as designed. The deed restrictions or covenants shall address or append requirements and responsibilities for long term management and maintenance of these best management practices. Packet Page 47 of 128 December 2, 2009 12 18.30.080 Inspection and Maintenance Roles, and Responsibilities Proper inspection and maintenance of stormwater facilities (including construction BMPs) is essential for the protection of the City’s MS4 and the environment. Inspection and maintenance of all stormwater facilities shall be required in accordance with the Stormwater Supplement. A. Stormwater Maintenance and Inspection Standards Stormwater facilities shall be inspected and maintained per the requirements of the Stormwater Supplement. For systems which do not have a maintenance standard, the owner shall develop a standard based on guidelines from the manufacturer, designer, or a registered professional engineer and submit the standards to the Director for approval. B. Ownership. Stormwater facilities are either privately or publicly owned and maintained. All stormwater facilities that serve commercial and industrial sites are private. Storm drainage facilities or controls that are privately owned by a homeowner’s association or similar organization also are private. C. Maintenance and Inspection. All privately owned storm drainage facilities or controls shall be maintained by the owner, or the homeowner or owner association (“Owner”) if one is established as part of a residential or commercial development. All private storm drainage facilities shall be regularly inspected to ensure proper operation and shall monitor the facility or control as required or as set forth in the Stormwater Supplement. The Owner shall maintain records of inspection and maintenance, disposal receipts, and monitoring results. The records shall catalog the action taken, the person who took it, the date said action was taken, how it was done, results of any monitoring effort, and any problems encountered or follow-up actions required. The records shall be made available to the City upon request. The Owner shall maintain a copy of the Stormwater Operations and Maintenance Manual (if required) on site, and shall make reference to such document in real property records filed with Snohomish County, so others who acquire real property served by the privately owned storm drainage facilities or controls are notified of their obligation to maintain such facilities or controls. D. When an inspection identifies an exceedance of the maintenance standard, maintenance shall be performed: 1. Within 1 year for wet pool facilities and retention/detention facilities. 1. Within 6 months for typical maintenance. 1. Within 9 months for maintenance requiring re-vegetation, and 1. Within 2 years for maintenance that requires capital construction of less than $25,000. E. Disposal of Waste from Maintenance Activities Disposal of waste from maintenance activities shall be conducted in accordance with the minimum Functional Standards for Solid Waste Handling, Chapter 173-304 WAC, guidelines for disposal of waste materials from storm water maintenance activities, and where appropriate, the Dangerous Waste Regulations, Chapter 173-303 WAC. F. City Inspection The regular inspection of privately owned storm drainage facilities or controls is essential to enable the City to evaluate the proper operation of the City’s MS4 and the environment. The City shall have access to private stormwater facilities for inspection to ensure they are properly operated and maintained per the provision in ECC Chapter 7.200.100. The City may offer an incentive program to owners to encourage the proper maintenance of private storm drainage facilities. Packet Page 48 of 128 December 2, 2009 13 18.30.090 Enforcement Procedures A. General Enforcement action shall be in accordance with this chapter whenever a person has violated any provision of this chapter. The choice of enforcement action is at the discretion of the City. The severity of any penalty shall be based on the nature of the violation, the damage or risk to the public or to public resources, or the degree of bad faith of the person subject to the enforcement action. A. Stop Work Order. The Director shall have the authority to serve a person a stop work order if an action is being undertaken in violation of this chapter. 1. Content of order – the order shall contain: a. A description of the specific nature, extent, and time of violation and the damage or potential damage b. A notice that the violation or the potential violation cease and desist, and, in appropriate cases, the specific corrective action to be taken within a given time c. A civil penalty under ECDC 18.30.080© below may be issued with the order. 2. Notice. A stop work order may be imposed by a notice in writing, either by certified mail with return receipt requested, or by personal service, to the person(s) shown on the rolls of the Snohomish County assessor as the owner of the site, noted as the applicant on any application for development approval or observed doing regulated activity on the site. 3. Effective date. The stop work order issued under this section shall become effective immediately upon receipt by the person to whom the order is directed. 4. Compliance. Failure to comply with the terms of a stop work order shall result in enforcement actions including (but not limited to) the issuance of a civil penalty. B. Maintenance Orders. The Director shall have the authority to issue to an owner or person an order to maintain or repair a component of a stormwater facility or BMP to bring it into compliance with this chapter, the Stormwater Supplement, and the Edmonds Community Development Code. The order shall include: 1. A description of the specific nature, extent and time of the violation and the damage or potential damage that reasonably might occur; 2. A notice that the violation or the potential violation cease and desist and, in appropriate cases, the specific corrective actions to be taken; and 3. A reasonable time to comply, depending on the circumstances. C. Civil Penalty. A person who fails to comply with the requirements of this chapter, who fails to conform to the terms of an approval or order issued, who undertakes new development or redevelopment project without first obtaining approval, or who fails to comply with a stop work order or maintenance order issued under these regulations shall be subject to a civil penalty as outlined below: 1. Civil penalties for code violations shall be imposed for remedial purposes and shall be assessed for each violation identified in a notice of violation, notice and order, or stop work order, pursuant to the following schedule: a. Notice and orders and stop work orders: basic initial penalty: $500.00. 2. Additional initial penalties may be added where there is: a. Public health risk – amount depends on severity: $0 – $2,500. b. Environmental damage – amount depends on severity: $0 – $2,500. c. Damage to property – amount depends on severity: $0 – $2,500. Packet Page 49 of 128 December 2, 2009 14 d. History of similar violations (less than three): $500.00. e. History of similar violations (three or more): $2,500. f. Economic benefit to person responsible for violation: $1,000 – $5,000. 3. The above penalties may be offset by the following compliance: a. Full compliance with a voluntary compliance agreement with prior history of zero to one similar violations: $0 – $1,500. b. Full compliance with a voluntary compliance agreement and a history of two or more prior similar violations: $0 – $500.00. 4. If the violation(s) are not corrected as required by the notice and order or stop work order, or a voluntary compliance agreement is not entered into within that time period, and no appeal is filed, the penalties for the next 15-day period shall be 150 percent of the initial penalties, and the penalties for the next 15-day period shall be 200 percent of the initial penalties. The intent of this subsection is to increase penalties beyond the maximum penalties stated as an additional means to achieve timely compliance. 5. Civil penalties shall be paid within 30 days of service of the notice and order or stop work order if not appealed. Payment of the civil penalties assessed under this chapter does not relieve a person found to be responsible for a code violation of his or her duty to correct the violation or to pay any and all civil penalties or other cost assessments issued pursuant to this chapter. 6. The city may suspend civil penalties if the person responsible for a code violation has entered into a voluntary compliance agreement. Penalties shall begin to accrue again pursuant to the terms of the voluntary compliance agreement if any necessary permits applied for are denied, canceled or not pursued, if corrective action identified in the voluntary compliance agreement is not completed as specified, or if the property is allowed to return to a condition similar to that condition which gave rise to the voluntary compliance agreement. 7. Civil penalties assessed create a joint and several personal obligation in all persons responsible for a code violation. D. The remedies provided for in this section shall not be exclusive. The city may also use other civil and administrative remedies available to it, including but not limited to, the remedies provided in ECDC Title 19 and the State Building and Dangerous Building Code. Packet Page 50 of 128 1 DRAFT OUTLINE FOR STORMWATER SUPPLEMENT 1.0 Introduction 1.1 Purpose and References 1.2 Applicability 1.3 Overall Stormwater Management Approach 1.4 Regulatory Framework 1.4.1 Construction Stormwater General Permit 1.1.2 Additional Edmonds Environmental Permits 1.4.3 Other State and Federal Permits 2.0 Project Classifications 2.1 Large Site Project 2.2 Small Site Project 2.3 Minor Site Project 3.0 Large Site Projects 3.1 Minimum Requirements 3.1.1 Minimum Requirement #1 – Preparation of Stormwater Site Plan 3.1.2 Minimum Requirement #2 – Construction Stormwater Pollution Prevention Plan 3.1.3 Minimum Requirement #3 – Source Control of Pollution 3.1.4 Minimum Requirement #4 – Preservation of Natural Drainage Systems and Outfalls 3.1.5 Minimum Requirement #5 – Onsite Stormwater Management/Low Impact Development Techniques for Controlling Runoff 3.1.6 Minimum Requirement #6 – Runoff Treatment 3.1.7 Minimum Requirement #7 – Flow Control 3.1.8 Minimum Requirement #8 – Wetland Protection 3.1.9 Minimum Requirement #9 – Operation and Maintenance 3.1.10 Minimum Requirement #10 – Off-Site Analysis and Mitigation 3.1.11 Minimum Requirement #11 – Financial Liability 3.2 Site Planning Considerations 3.3 BMP Selection and Design Guidance 3.3.1 Temporary Erosion and Sediment Control BMPs 3.3.2 Onsite Stormwater Management Measures 3.3.3 Runoff Treatment BMPs 3.3.4 Flow Control BMPs 3.4 Submittals 3.4.1 Stormwater Site Plan 3.4.2 Construction Stormwater Pollution Prevention Plan 4.0 Small Site Projects 4.1 Minimum Requirements 4.1.1 Small Site Minimum Requirement (SSMR) #1 – Preparation of Stormwater Site Plan 4.1.2 SSMR #2 – Construction Stormwater Pollution Prevention Plan 4.1.3 SSMR #3 – Source Control of Pollution Packet Page 51 of 128 2 4.1.4 SSMR #4 – Preservation of Natural Drainage Systems and Outfalls 4.1.5 SSMR #5 – Onsite Stormwater Management/Low Impact Development Techniques for Controlling Runoff 4.1.6 Small Site Minimum Requirement #6 – Runoff Treatment 4.1.7 Small Site Minimum Requirement #7 – Flow Control 4.1.8 Small Site Minimum Requirement #8 – Wetland Protection 4.1.9 Small Site Minimum Requirement #9 – Operation and Maintenance 4.1.10 Small Site Minimum Requirement #10 – Off-Site Analysis and Mitigation 4.1.11 Small Site Minimum Requirement #11 – Financial Liability 4.2 Site Planning Considerations 4.3 BMP Selection and Design Guidance 4.3.1 Temporary Erosion and Sediment Control BMPs 4.3.2 Onsite Stormwater Management Measures 4.3.3 Runoff Treatment BMPs 4.3.4 Flow Control BMPs 4.4 Submittals 4.4.1 Stormwater Site Plan 4.4.2 Construction Stormwater Pollution Prevention Plan 5.0 Minor Site Projects 5.1 Minimum Requirement 3.1.1 Minor Site Minimum Requirement #1 – Construction Stormwater Pollution Prevention Plan 5.2 Site Planning Considerations 5.3 BMP Selection and Design Guidance 5.4 Submittals 6.0 Deeds and Covenants 7.0 Operation and Maintenance Requirements 7.0 Definitions and Terminology 9.0 References Appendix A – Regulatory Background - National Pollutant Discharge Elimination System (NPDES) Phase II Permit Appendix B – Supplemental Technical Information B-1 Impacts of Development on Water Quantity and Quality B-2 Land Use B-3 Edmonds’ Watersheds and Soils B-4 Edmonds’ Watersheds B-5 Edmonds’ Soils and Slopes Appendix C – Infiltration Testing Methods C-1 USDA Textural Classification C-2 Modified Pilot Infiltration Testing (PIT) Method Packet Page 52 of 128 November 19, 2009 1 of 3 CITY OF EDMONDS PUBLIC OPEN HOUSE STORMWATER CODE UPDATE PUBLIC PARTICIPATION FORM 1. I would like the revised stormwater code to include: a) Clearly state objectives, goals, and how we want it to improve stream, habitat and Puget Sound water quality b) Show where storm water goes now, pollutant load (where does it go & quality in the future) c) Provisions for small sites vs. large sites (i.e. single family vs. large plat) to reduce detention system volumes for small sites d) Tree retention – Permits should be required for tree cutting anytime, anywhere e) Protection of Edmonds Marsh f) Mechanism to assist homeowners to design effective bioretention that meets code requirements for credit – i.e. alleviate high professional design costs incurred by homeowners by allowing design oversight by specialists such as master gardeners and others in our community g) Specifics on residential homeowners code for the installation of rain gardens. h) If possible some form of certification process to give the homeowners some reduction in stormwater fees. i) Possible riparian areas addressed or property owners’ w/creeks or streams 2. What I like most about the City’s current Stormwater Code is: a) Don’t know enough about it to comment, but I really like the proposed code objective & actions b) Ability to use runoff values specific to Edmonds c) Ability to adjust for small sites d) Inclusion of BMP’s, especially encouragement via credit of retraining trees in our city, revegetate using natives, & LID such as bioretention. Packet Page 53 of 128 November 19, 2009 2 of 3 e) BMP’s 3. What I like least about the current City’s Stormwater Code is: a) Have to use forested as pre-developed condition, seems better (more reasonable to use existing development site conditions as pre-developed condition b) We need a lot of education of residents, developers, city staff, etc. so we are all aware of the best available science and practices 4. Other Comments on the City’s Stormwater Management Program: a) Good outreach program, integrate with Edmonds Backyard Wildlife Habitat Program (they will help with the message) b) Keep emphasizing the retention of trees, including guiding concerned property owners to qualified arborists (for existing tree safety) c) Work with Edmonds Tree’s groups to demonstrate garden (at Willow Creek Hatchery) to guide property owner’s, developers, to nature plant value d) I work with Snohomish county MRC Mussel Watch Program. Mussels are being collected annually at Edmonds to monitor storm source pollutants. Will be glad to brief city engineers & planners on what we’re finding. Could use mussels to monitor effectiveness of storm water actions. e) Ability to use current site developed condition rather than forested condition for pre-developed condition f) Save and renew edmonds marshes g) Need public education h) I’d like to see dialogue leading to actions between stormwater code and planning department that continues the protection of native vegetation, particularly mature coniferous trees, following the development into perpetuity. Currently there does not seem to be any mechanism – either permit requirement, penalty, nor encouragement thru credits – to require or implore residents to retain & protect vegetation, especially mature conifers, following the initial development. – Possible restrict the removal of a set amount of trees per property. Packet Page 54 of 128 November 19, 2009 3 of 3 i) If someone has 4,000 sq ft of impervious surface but is attempting to harvest stormwater from only 1,000 sq ft – are the large site rules (codes) still going to apply? j) Will rain barrels or cisterns have a specific code/permit? k) Will there be specific codes for rain gardens? l) Where will homeowners be able to drain an overflow from a rain garden to – ditches, storm drains, other surfaces? m) Will there be anything in the code to restrict the removal of trees or in another code? n) I am opposed to the idea that homeowner have to hire a geotech to measure any infiltration rate. I think the city should come up with a list of other minimal cost or free persons or agencies and city employees within the code. o) In pre-sizing of BMP’s why is there not the depth of rain garden soil mix a factor in sizing a rain garden? p) Will there be any code limitation for building a rain garden on more than 5% slopes? Down hill berms often fail when the rain garden is filled to capacity. q) I would highly suggest they city to invest time and energy into promoting partnerships with non-profit and educational organizations such as WSU Beach Workers, WNPS, WSU Master Gardeners, etc. r) Use Snohomish Surface Water Mang. ‘Puget Sound Starts Here’ campaign info to share with Edmonds Residents as well. Send to: Jerry Shuster, P.E. City of Edmonds-Engineering Division 121 5th Ave N. Edmonds, WA 98020 (425-771-0220) shuster@ci.edmonds.wa.us Packet Page 55 of 128 AM-2652 2.A. 2010 Hourly Pay Grade/Title Update City Council Committee Meetings Date:12/08/2009 Submitted By:Debi Humann Time:10 Minutes Department:Human Resources Type:Action Committee:Finance Information Subject Title 2010 Hourly Positions by Pay Grade, Title, and Wage. Recommendation from Mayor and Staff To approve the updated 2010 Hourly Positions by Pay Grade and Title (Exhibit A) and 2010 Hourly Employee Wage Schedule (Exhibit B). Previous Council Action Narrative Annually, the Hourly Positions by Pay Grade and Title chart (Exhibit A) is reviewed and updated to reflect the changing needs of the Edmonds work force as well as the applicable market rate for these positions. This year several positions were downgraded including the seasonal laborer positions from H11 to H6 along with several positions in the Recreation department reflecting the changes in the market. No positions were promoted to a higher grade. In addition, the Hourly Employee Wage Schedule (Exhibit B) was reviewed. With a negative CPI and no increase in the State minimum wage, there is no need to increase the wage schedule from the 2009 rates therefore the 2010 rates have held stable with no increase over last year. It is requested that the Finance Committee review the materials and approve for placement on the Council consent agenda on December 15 with an effective date of January 1, 2010. Fiscal Impact Attachments Link: Pay Grade and Title Link: Wage Schedule Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 12/03/2009 11:10 AM APRV 2 Mayor Gary Haakenson 12/03/2009 01:32 PM APRV 3 Final Approval Sandy Chase 12/03/2009 01:34 PM APRV Form Started By: Debi Humann Started On: 12/03/2009 10:59 AM Final Approval Date: 12/03/2009 Packet Page 56 of 128 Packet Page 57 of 128 Exhibit A Updated 11.23.09 *When the current tennis instructor is no longer with the City, we would like to move the position to an H9. This is the correct grade, but this position was moved in 2004 to an H13 (which became an H12 in 2008). 2010 HOURLY POSITIONS BY PAY GRADE AND TITLE GRADE TITLE DEPARTMENT H01 Summer Preschool Assistant Recreation Gymnastics Assistant Recreation Day Camp Assistant Leader Recreation H02 H03 Clerical Assistant General Clerk Typist General Lifeguard I (steps 1-3) Recreation Lifeguard II (steps 3-5) Recreation Pool Office Staff Recreation H04 Mechanics Helper PW File Clerk General Day Camp Leader Recreation Senior Leader (steps 3-5) Recreation Recreation Aide Recreation Swim Instructor Recreation Assistant Swim Coach Recreation H05 Front Desk Receptionist General Gymnastics Instructor 1 Recreation Preschool Assistant Recreation Senior Guard Recreation H06 Seasonal Laborer Parks Beautification Program Worker Parks Water/Sewer Laborer PW Street/Stormwater Seasonal Laborer PW H07 Clerk General Ranger/Naturalist Recreation Crime Prevention Officer Assistant Police Crime Prevention Volunteer Coordinator Police Aquatic Lead Recreation Dive Coach Recreation Swim Team Coach Recreation H08 Junior Counselor Advisor Recreation Gymnastics Instructor II Recreation H09 Intern General H10 Summer Preschool Supervisor Recreation Assistant Pool Manager Recreation H11 Secretary General Gymnastics Coach Recreation Bailiff Court Pool Manager Recreation Tennis Instructor* Recreation WWTP Laborer WWTP H12 Day Camp Supervisor Recreation H13 Gymnastics Supervisor Recreation H14 Special Commission/Security Police HPO Police Reserve ($12.00) Police H21 Pro Tem Judges Municipal Court Packet Page 58 of 128 Exhibit B 1st YEAR 2nd YEAR 3rd YEAR 4th YEAR 5th YEAR STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 H1 $8.55 $8.98 $9.43 $9.90 $10.39 H2 $9.18 $9.63 $10.12 $10.62 $11.15 H3 $9.63 $10.11 $10.62 $11.15 $11.70 H4 $10.35 $10.87 $11.41 $11.98 $12.58 H5 $11.05 $11.60 $12.18 $12.79 $13.43 H6 $11.76 $12.35 $12.97 $13.62 $14.30 H7 $12.50 $13.12 $13.78 $14.47 $15.19 H8 $12.96 $13.61 $14.29 $15.00 $15.75 H9 $13.92 $14.62 $15.35 $16.11 $16.92 H10 $14.64 $15.37 $16.14 $16.95 $17.80 H11 $15.49 $16.27 $17.08 $17.94 $18.83 H12 $17.90 $18.79 $19.73 $20.72 $21.76 H13 $20.58 $21.61 $22.69 $23.83 $25.02 H14 $22.64 $23.77 $24.96 $26.21 $27.52 H15 $24.91 $26.15 $27.46 $28.83 $30.27 H16 $27.40 $28.77 $30.20 $31.71 $33.30 H17 $30.14 $31.64 $33.22 $34.89 $36.63 H18 $33.15 $34.81 $36.55 $38.37 $40.29 H19 $36.46 $38.29 $40.20 $42.21 $44.32 H20 $40.11 $42.12 $44.22 $46.43 $48.75 H21 $65.00 the employee occupied the previous year based on performance. Advancement cannot go beyond step 5 of the pay grade. STEP ADVANCEMENT: Hourly employees are eligible for step advancement following each completed year of service or return to the same seasonal position 2010 HOURLY EMPLOYEE WAGE SCHEDULE No step increase in 2010; based on State Minimum Wage at H1/Step 1 GRADE Titles and Wages.2010 hourly employee wage schedule. xls 12/8/2009 10:46 AM Packet Page 59 of 128 Exhibit B ALTERNATE PAY GRADES: H12 Step 6 - Scott Highland H15 Step 6 - Conrad Baker Titles and Wages.2010 hourly employee wage schedule. xls 12/8/2009 10:46 AM Packet Page 60 of 128 AM-2653 2.B. 2010 NRC Pay Schedule Update City Council Committee Meetings Date:12/08/2009 Submitted By:Debi Humann Time:10 Minutes Department:Human Resources Type:Action Committee:Finance Information Subject Title 2010 Non-Represented Employee Pay Schedule. Recommendation from Mayor and Staff To approve the updated 2010 Non-Represented Employee Pay Schedule. Previous Council Action Each year, per the Non-Represented Compensation Policy (NRC), the HR Department performs a salary survey of the Police Chief position and that of the HR Assistant position comparing our salary range with those of the surrounding comparable cities. The results of the survey, and corresponding non-rep salary recommendations, are brought to Finance Committee and Council for approval each December. Narrative As stated above, the annual non-rep salary survey for the Police Chief and HR Assistant position have been completed. Per the NRC Policy, our positions were compared against like cities by population in King, Snohomish and Pierce Counties (see attachments). For the Police Chief position, while the salaries at all other municipalities increased, the City's placement (at L-5) did not change. As a result, it would seem that the current salary range (2009)for Band A (Police Chief) does not require an adjustment for 2010. For the HR Assistant position, several cities either eliminated this position or promoted it to a higher level job, therefore, we went to SeaTac and Mercer Island to complete our comparables. The result of this survey is that the overall band lowered annually by $336. Given that the results of the annual survey show that little change is required at this time, I recommend that Band H (HR Assistant) be lowered by $336 and all other bands reflect no change from 2009 to 2010 (see Exhibit A). Fiscal Impact Attachments Link: NRC Pay Schedule and Survey Form Routing/Status Route Seq Inbox Approved By Date Status Packet Page 61 of 128 1 City Clerk Sandy Chase 12/03/2009 11:48 AM APRV 2 Mayor Gary Haakenson 12/03/2009 01:32 PM APRV 3 Final Approval Sandy Chase 12/03/2009 01:35 PM APRV Form Started By: Debi Humann Started On: 12/03/2009 11:35 AM Final Approval Date: 12/03/2009 Packet Page 62 of 128 Packet Page 63 of 128 Packet Page 64 of 128 Packet Page 65 of 128 Packet Page 66 of 128 AM-2650 2.C. General Fund Report City Council Committee Meetings Date:12/08/2009 Submitted By:Sandy Chase Submitted For:Lorenzo Hines, Finance Director Time:10 Minutes Department:City Clerk's Office Type:Information Committee:Finance Information Subject Title General Fund Report for the month ending November 30, 2009. Recommendation from Mayor and Staff Previous Council Action Narrative Mr. Hines will provide copies of the report at the Finance Committee Meeting. Fiscal Impact Attachments No file(s) attached. Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 12/03/2009 10:36 AM APRV 2 Mayor Gary Haakenson 12/03/2009 01:32 PM APRV 3 Final Approval Sandy Chase 12/03/2009 01:34 PM APRV Form Started By: Sandy Chase Started On: 12/03/2009 10:04 AM Final Approval Date: 12/03/2009 Packet Page 67 of 128 AM-2651 2.D. Third Quarter Budget Report City Council Committee Meetings Date:12/08/2009 Submitted By:Sandy Chase Submitted For:Lorenzo Hines, Finance Director Time:15 Minutes Department:City Clerk's Office Type:Information Committee:Finance Information Subject Title Third Quarter Budget Report. Recommendation from Mayor and Staff Previous Council Action Narrative Mr. Hines will provide copies of the report at the Finance Committee Meeting. Fiscal Impact Attachments No file(s) attached. Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 12/03/2009 10:36 AM APRV 2 Mayor Gary Haakenson 12/03/2009 01:32 PM APRV 3 Final Approval Sandy Chase 12/03/2009 01:34 PM APRV Form Started By: Sandy Chase Started On: 12/03/2009 10:08 AM Final Approval Date: 12/03/2009 Packet Page 68 of 128 AM-2643 3.A. 2010 Addendum to Prisoner Detention Agreement with City of Lynnwood City Council Committee Meetings Date:12/08/2009 Submitted By:Gerry Gannon Time:10 Minutes Department:Police Department Type:Action Committee:Public Safety Information Subject Title 2010 Addendum to Prisoner Detention Agreement with City of Lynnwood. Recommendation from Mayor and Staff To be placed on the Consent Agenda authorizing the Mayor to sign the addendum with the City of Lynnwood. Previous Council Action None Narrative The City of Lynnwood and the City of Edmonds originally signed a Prisoner Detention Agreement in January 1998. The agreement sets forth the terms and conditions of our utilization of Lynnwood jail services. Since that time, there have been several addenda to the agreement regarding remuneration issues. Lynnwood has presented us with an addendum effective January 1, 2010, covering our portion of the Whatcom County cooperative prisoner transport service. Our share of the fee for 2010 is $14,739, an increase of $759.67. Our portion of the transport fee for 2009 was $13,979.33. Whatcom County provides daily prisoner transportation service along the I-5 corridor from Bellingham to Seattle. The total costs of Whatcom County's NW Mini-chain are divided proportionately among participating agencies based on the number of prisoners transported. This is a "pass through" amount charged to Lynnwood and then billed to us by Lynnwood. Funds are already allocated in the approved 2009-2010 budget in Police (general fund) prisoner care. All other terms and conditions of the Prisoner Detention Agreement with the City of Lynnwood remain unchanged. Fiscal Impact Attachments Link: 2010 Lynnwood Transport Addendum Form Routing/Status Packet Page 69 of 128 Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 12/02/2009 02:46 PM APRV 2 Mayor Gary Haakenson 12/02/2009 02:54 PM APRV 3 Final Approval Sandy Chase 12/03/2009 09:48 AM APRV Form Started By: Gerry Gannon Started On: 12/02/2009 10:03 AM Final Approval Date: 12/03/2009 Packet Page 70 of 128 Packet Page 71 of 128 Packet Page 72 of 128 Packet Page 73 of 128 Packet Page 74 of 128 Packet Page 75 of 128 Packet Page 76 of 128 Packet Page 77 of 128 Packet Page 78 of 128 Packet Page 79 of 128 Packet Page 80 of 128 Packet Page 81 of 128 Packet Page 82 of 128 AM-2644 3.B. Kenneling Services for the City of Edmonds City Council Committee Meetings Date:12/08/2009 Submitted By:Gerry Gannon Time:10 Minutes Department:Police Department Type:Action Committee:Public Safety Information Subject Title Kenneling Services contract between Adix's Bed and Breakfast and the City of Edmonds. Recommendation from Mayor and Staff The Police Department recommends approval of this item for Consent Agenda, authorizing the Mayor to sign the contract. The City Attorney has approved as to form and content. Previous Council Action None Narrative The current contract with the city’s vendor of animal kenneling services, Adix’s Bed and Bath for Dogs and Cats, expires December 31, 2009. The Police Department feels it is in the best interest of city operations to continue a contractual relationship with Adix’s. The annual fee for animal kenneling services for 2010 will be $24,391.92, which is the same amount as in 2009. There are no increases based on the June 2009 Seattle-Tacoma-Bremerton CPI-U which was -0.4%. Also, this contract places a cap on any increases at 5%. The term of the contract is for three years. Fiscal Impact Attachments Link: Animal Shelter Services Agreement Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 12/02/2009 02:46 PM APRV 2 Mayor Gary Haakenson 12/02/2009 02:54 PM APRV 3 Final Approval Sandy Chase 12/03/2009 09:48 AM APRV Form Started By: Gerry Gannon Started On: 12/02/2009 10:26 AM Final Approval Date: 12/03/2009 Packet Page 83 of 128 City of Edmonds 121 FIFTH AVENUE N. ● EDMONDS, WA 98020 ● 425-771-0251 COMMUNITY SERVICES DEPARTMENT Gary Haakenson Mayor {BFP750734.DOC;1\00006.900160\ } 1 ANIMAL KENNELING SERVICES AGREEMENT THIS AGREEMENT, made and entered into between the City of Edmonds, hereinafter referred to as the “City”, and Adix’s Bed and Bath for Dogs and Cats, Inc., hereafter referred to as “Adix” or “Contractor”; WHEREAS, the City has determined by ordinances to regulate animals within the city limits, including the licensing and preventing the running at large of animals and preventing animals from becoming nuisances, and WHEREAS, Adix is a corporation duly organized under the laws of the State of Washington, and WHEREAS, the City has no animal kenneling services of its own, and WHEREAS, the City and Adix desire to enter into a contract defining the rights and responsibilities of Adix and the City with respect to animal kenneling, NOW, THEREFORE, In consideration of mutual covenants herein contained, ADIX and the City have mutually agreed and do hereby agree as follows: 1. Scope of work. The Scope of Work shall include all services and material necessary to accomplish the above-mentioned objectives in accordance with the specifics noted below. A. General Description. The Specific Scope of Works can be found in Exhibit A., incorporated by this reference as fully as if herein set forth. B. Term. This agreement shall be effective from January 1, 2010 through December 31, 2012. In the event that the period covered by this contract shall expire without the benefit of a new agreement, the rate scheduled then in effect as of the date of contract expiry shall continue until such time as Adix and the City agree to an amended rate schedule, provided that either party may, upon one hundred eighty days advance written notice, issue notice of termination, which shall not require cause, and after expiry of notice, the contract shall be of no further force or effect. Either party may terminate this agreement immediately for cause upon the deposit of written notification in the U.S. Mail, postage prepaid, addressed to the regular mailing address of each party. Packet Page 84 of 128 Services Agreement, Page 2 2. Payments. The Contractor shall be paid by the City for completed work for services rendered under this Agreement as provided hereinafter. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment and incidentals necessary to complete the work. A. Amount. Payment for work accomplished under the terms of this Agreement shall be as set forth in Exhibit A. B. Process. All vouchers shall be submitted by the Contractor to the City for payment pursuant to the terms of this Agreement. The City shall pay the appropriate amount for each voucher to the Contractor. The Contractor may submit vouchers to the City as set forth in Exhibit A for services performed and accepted by the City. Billing shall be reviewed in conjunction with the City’s warrant process. No voucher / billing shall be considered for payment that is not sufficiently detailed to verify validity thereof, and that has not been submitted to the City three days prior to the scheduled cut-off date. Such late vouchers will be checked by the City and payment will be made in the next regular payment cycle. C. Record Retention. The costs, records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City for a period of three (3) years after final payment. Copies shall be made available upon request. 3. Ownership and use of documents. All research, tests, surveys, preliminary data and any and all other work product prepared or gathered by the Contractor in preparation for the services rendered by the Contractor under this Agreement shall be and are the property of Contractor and shall not be considered public records, provided, however, that: A. Final Document. All final reports, presentations and testimony prepared by the Contractor shall become the property of the City upon their presentation to and acceptance by the City and shall at that date become public records. B. Copies. The City shall have the right, upon reasonable request, to inspect, review and, subject to the approval of the Contractor, copy any work product. C. Default. In the event that the Contractor shall default on this Agreement, or in the event that this contract shall be terminated prior to its completion as herein provided, the work product of the Contractor, along with a summary of work done to date of default or termination, shall become the property of the City and tender of the work product and summary shall be a prerequisite to final payment under this contract. The summary of work done shall be prepared at no additional cost. 4. Hold harmless agreement. In performing the work under this Agreement, Contractor agrees to protect, indemnify and save the City harmless from and against any and all injury {BFP750734.DOC;1\00006.900160\ } 2 Packet Page 85 of 128 Services Agreement, Page 3 or damage to the City or its property, and also from and against all claims, demands, and cause of action of every kind and character arising directly or indirectly, or in any way incident to, in connection with, or arising out of work performed under the terms hereof, caused by the tortious or illegal actions or breach of any obligation under this Agreement by the Contractor, its agent, employees, representatives or subcontractors. Contractor specifically promises to indemnify the City against claims or suits brought under Title 51 RCW by its agent, employees, representatives, or subcontractors and waives any immunity that the Contractor may have under that title with respect to, but only to, the City. Contractor further agrees to fully indemnify City from and against any and all costs of defending any such claim or demand to the end that the City is held harmless therefrom. The provisions of this paragraph shall prevail over any other conflicting provision in this Agreement; however they shall not apply to damages or claims resulting from the sole negligence of the City; however, it shall apply to damages or claims resulting from concurrent negligence of the parties to the extent of the Contractor’s tortious or illegal actions or breach of any obligation under this Agreement, or those of its agent, employees, representatives or subcontractors. 5. General and professional liability insurance. The Contractor shall secure and maintain in full force and effect during performance of all work pursuant to his contract a policy of business general liability insurance providing coverage of at least $1,000,000 per occurrence and $2,000,000 aggregate for personal injury; and $1,000,000 per occurrence and aggregate for property damage. Insurance policies shall name the City as a named insured, and shall include a provision prohibiting cancellation of said policy, except upon thirty (30) days written notice to the City. Certificates of coverage shall be delivered to the City within fifteen (15) days of execution of this Agreement. Coverage limit provided herein is neither intended nor shall it cap Contractor’s liability resulting from breach of contract, warranty, negligence or any other act of tort. 6. Discrimination prohibited. Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, age, sex, national origin or physical handicap. 7. Contractor is an independent Contractor. The Parties intend that an independent Contractor relationship will be created by this Agreement. No agent, employee or representative of the Contractor shall be deemed to be an agent, employee or representative of the City for any purpose. Contractor shall be solely responsible for all acts of its agents, employees, representatives and subcontractors during the performance of this contract. 8. City approval of work. Notwithstanding the Contractor’s status as an independent Contractor, results of the work performed pursuant to this contract must meet the approval of the City. 9. Termination for lack of appropriation. Notwithstanding any other provision in this Agreement, this agreement shall terminate if the Legislative body at its discretion does not appropriate the funds necessary for the City to perform its obligations under or provide the services for which it has entered into this Agreement. {BFP750734.DOC;1\00006.900160\ } 3 Packet Page 86 of 128 Services Agreement, Page 4 10. Changes/Additional work. The City may engage Contractor to perform services in addition to those listed in this Agreement, and Contractor will be entitled to additional compensation for authorized additional services or materials. The City shall not be liable for additional compensation until and unless any and all additional work and compensation is approved in advance in writing and signed by both Parties to this Agreement. If conditions are encountered which are not anticipated in the Scope of Works, the City understands that a revision to the Scope of Work and fees may be required. Provided, however, that nothing in this paragraph shall be interpreted to obligate the Contractor to render or the City to pay for services rendered in excess of the payments discussed in Section 2.A, unless or until an amendment to this Agreement is approved in writing by both Parties. 11. Standard of care. Contractor represents that Contractor has the necessary knowledge, skill and experience to perform services required by this Agreement. Contractor and any persons employed by Contractor shall use their best efforts to perform the work in a professional manner consistent with sound practices, in accordance with the usual and customary professional care required for services of the type described in the Scope of Work. 12. Supervision of employees. Contractor is responsible for the direct supervision of its employees, and a supervisor shall be available at all reasonable times to confer with the City in regards to services. Contractor commits that its services will be performed by careful and efficient employees trained in the best practice and highest standards imposed by Contractor. 13. Non-waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 14. Non-assignable. The services to be provided by the Contractor shall not be assigned or subcontracted without the express written consent of the City. 15. Covenant against contingent fees. The Contractor warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Contractor, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Contractor, any fee, commission, percentage, brokerage fee, gifts or any other consideration contingent upon or resulting from the award of making this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 16. Compliance with laws. The Contractor in the performance of this Agreement shall comply with all applicable Federal, State or local laws and ordinances, including regulations for licensing, certification and operation of facilities, programs and {BFP750734.DOC;1\00006.900160\ } 4 Packet Page 87 of 128 Services Agreement, Page 5 accreditation, and licensing of individuals, and any other standards or criteria as described in the Agreement to assure quality of services. The Contractor specifically agrees to pay any applicable business and occupation (B & O) taxes which may be due on account of this Agreement. 17. Potential conflicts. During pendency of this agreement, Contractor (1) shall not, without written notification to the City and the City’s prior written consent, perform work for any party with respect to any project or property located within the city of Edmonds that is subject to the administrative or quasi-judicial review of the City; and (2) shall not advocate or promote any legislative objectives on behalf of existing or potential clients that are determined by the City to be in conflict with City’s legislative objectives. 18. Notices. Notices shall be sent to the following address, with receipt of any notice being deemed effective three days after deposit of written notice. City of Edmonds Adix’s Bed and Bath for Dogs and Cats, Inc. c/o Sandra Chase _____________________ City of Edmonds _____________________ 121 Fifth Avenue North _____________________ Edmonds, WA 98020 _____________________ 425-775-2525 _____________________ Chase@ci.edmonds.wa.us _____________________ 19. Severability. This Agreement shall be read and interpreted as a whole, except that the capitalized and underlined headings for each numbered paragraph are for descriptive purposes and shall not prevail over the provision which they head. In the event that any provision herein shall be struck down, particularly those contained in paragraph 7 (Contractor is an independent Contractor), this Agreement shall be at an immediate end. 20. Integration. The Agreement between the Parties shall consist of this document and the Exhibits attached hereto. These writings constitute the entire Agreement of the parties and shall not be amended except by a writing executed by both parties as provided in paragraph 10 (Changes/Additional Work). In the event of any conflict between this written Agreement and any provisions of Exhibits attached hereto, this Agreement shall control. 21. Venue and jurisdiction. Any action to interpret or enforce this Agreement shall be brought before the Superior Court of Snohomish County, Washington, and the Parties agree that, as between them, all matters shall be resolved in that venue. 22. Force Majeure. Parties shall not be liable for failure to perform or delay in performance due to fire, flood, strike or other labor difficulty, act of God, act of any governmental authority, riot, embargo, fuel or energy shortage, car shortage, wrecks or delays in transportation, or due to any other cause beyond Parties reasonable control. In the event of delay in performance due to any such cause, the date of delivery or time for completion {BFP750734.DOC;1\00006.900160\ } 5 Packet Page 88 of 128 Services Agreement, Page 6 will be extended by a period of time reasonably necessary to overcome the effect of such delay. DATED THIS ________ DAY OF _____________________, 20____. CITY OF EDMONDS By: Mayor Gary Haakenson ATTEST/AUTHENTICATED: Sandra S. Chase, City Clerk APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: W. Scott Snyder ADIX’S BED AND BATH FOR DOGS AND CATS, INC. By: It’s: {BFP750734.DOC;1\00006.900160\ } 6 Packet Page 89 of 128 Services Agreement, Page 7 Exhibit A 1. Undertakings of Adix. 1.1 Adix will furnish animal kenneling services to the City. Animal kenneling services shall include kenneling and holding animals at the facility operated by Adix, releasing animals to owners, cooperating with the temporary transfer of animals to a veterinarian designated by the City for the purpose of spaying or neutering, and disposing of animals in a responsible and lawful manner, including adoption of animals not claimed by owners after the period prescribed by ordinance and this agreement. Adix shall maintain established hours of operation for the general public pursuant to the terms of this contract. Hours are Monday through Saturday 9 AM to 5 PM and Sunday 2 PM to 5 PM, excluding previously designated holidays being observed by Adix. In addition, Adix is closed for lunch between 12:30 PM and 1:30 PM Monday through Saturday. 1.2 In addition to animals brought in by the City, Adix agrees to accept animals brought to Adix by Lynnwood Animal Control under mutual aid when Edmonds has no Animal Control on duty. Mutual Aid for the purposes of this contract means only those animals that have been picked-up in Edmonds by Lynnwood Animal Control. 1.3 Unclaimed and unadoptable animals will be humanely euthanized and disposed of off-site. To provide proper paper trail, requests by Adix pursuant to this section for euthanasia of unclaimed and unadoptable animals will be made in writing. The disposal fee is the responsibility of the City. Disposal within the terms of this contract also includes disposal of dead animals that are picked up by the City as part of its animal control services or animals that die in Adix’s care. 1.4 Adix agrees to abide by and strictly follow any and all procedures of Chapter 5.05 of Edmonds Municipal Code, as now and hereafter amended, regulating animals, particularly as they relate to the length of impoundment before disposing of any animals. Adix and the City agree that Chapter 5.05, as now or hereafter amended, shall be incorporated by reference herein and shall be part of this contract as if set forth in full herein. 1.5 Adix agrees not to release any kenneled animal to any person until Adix is reasonably satisfied that the person has paid all applicable license, kenneling, and other fees to the appropriate agency, including the City. The City shall be responsible for the preparation of all reporting, fee collection and any accounting relating to such reporting and collecting. 1.6 Except as provided in paragraph 1.4 above, Adix agrees not to dispose of any animal before seventy-two hours upon receipt of receiving said animal from the City, excluding previously designated holidays being observed by Adix, nor shall Adix release any animal which has not been either spayed or neutered by a veterinarian in accordance with procedures established by the City or has been designated by an agent of the City or such veterinarian as an inappropriate candidate for surgery, as such term is defined in Chapter 5.05. Licensed, tagged, or identifiable animals will be held for ten days by Adix. Animals held under RCW 16.52.085 will be held for fifteen business days. {BFP750734.DOC;1\00006.900160\ } 7 Packet Page 90 of 128 Services Agreement, Page 8 1.7 If not claimed by an owner during the applicable holding period, an animal shall immediately become the property of Adix. Disposition of the animal is then at Adix’s discretion provided, however, that: 1.7.1 Adix shall not dispose of the animal while any legal proceedings are pending or in contravention of any court order. 1.7.2 Any animal designated as an inappropriate candidate for surgery which is released for adoption shall be released subject to the payment of a $50 deposit. Such deposit shall be remitted to the City and a receipt provided to the adopter, who shall present the receipt to Adix at the date of release of the adopted pet. The purpose of such deposit is to ensure that the animal will be spayed or neutered by a veterinarian in accordance with Chapter 5.05. 1.7.3 Any animal which has been spayed or neutered at the cost of the City shall be subject to payment of a fee of $50 when sold by Adix. Any charge for adoption by Adix shall be in addition to this amount. The purpose of this fee is to partially reimburse the City for the cost of spaying or neutering. The Parties acknowledge that spaying and neutering enhances the value of the animal which has become the property of Adix. Upon payment of the fee to the City, a receipt shall be provided to the adopter, who shall present the receipt to Adix at the date of the release of the adopted pet. 1.8 Adequate records of all fees and deposits charged pursuant to paragraphs 1.6.2 and 1.6.3 above shall be kept by the City. The adopter shall remit all funds to the City. 1.9 The Parties have stipulated that the annual fee set forth in paragraph 2 below is intended to provide for ten dog runs, with the understanding that up to two dogs may be kenneled per run at any given time. The City agrees to compensate ADIX for any additional runs utilized to kennel dogs for the City at the rate of $15 per day, such rate to be charged in addition to the annual fee set forth in paragraph 2. 1.10 Adix and the City agree to work collaboratively on promoting adoptions of those animals brought to Adix by the City. Adoptions shall be made in as timely a manner as possible and an animal’s time in shelter shall be kept to a minimum. 2. Undertakings of the City. In consideration of the services performed, the city shall pay to Adix the sum of $2,032.66 per month, adjusted in 2011 and 2012 by an amount equivalent to the June Seattle-Tacoma- Bremerton CPI-U for the preceding year not to exceed 5%, PROVIDED, HOWEVER, that the renewal of the Agreement is subject to an appropriation of funds by the Edmonds City Council for future annual terms. If the City Council fails to appropriate funds for kenneling services, this Agreement shall expire at the end of the last term for which an appropriation has been made. This charge is based upon certain assumptions regarding the number of dogs and cats to be {BFP750734.DOC;1\00006.900160\ } 8 Packet Page 91 of 128 Services Agreement, Page 9 {BFP750734.DOC;1\00006.900160\ } 9 kenneled and the recovery time necessary following spaying or neutering before an animal may be adopted or otherwise released. Packet Page 92 of 128 AM-2645 3.C. Woodway Interlocal Agreement for Police Services City Council Committee Meetings Date:12/08/2009 Submitted By:Gerry Gannon Submitted For:Al Compaan Time:10 Minutes Department:Police Department Type:Action Committee:Public Safety Information Subject Title Woodway Interlocal Agreement for Police Services. Recommendation from Mayor and Staff The Police Department recommends approval of this item for Consent Agenda, authorizing the Mayor to sign the interlocal agreement. The City Attorney has approved as to form and content. Previous Council Action None Narrative In 1997, the City of Edmonds entered into an interlocal agreement with the Town of Woodway to provide first response police services when a Woodway Police Officer is not on duty or is unavailable to respond. Interlocal agreements between Edmonds and Woodway for police services have been in effect continuously since then. Edmonds Police Department and Woodway wish to sign a new three year interlocal agreement for police services effective January 1, 2010 through December 31, 2012. The main changes in the interlocal agreement are the cost for services. The cost per call has increased from $125 to $150. Also, the Town of Woodway will be billed for any additional officer's time while assisting with a Woodway incident. Fiscal Impact Attachments Link: Woodway Interlocal Agreement Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 12/03/2009 09:48 AM APRV 2 Mayor Gary Haakenson 12/03/2009 01:32 PM APRV 3 Final Approval Sandy Chase 12/03/2009 01:34 PM APRV Form Started By: Gerry Gannon Started On: 12/02/2009 01:42 PM Final Approval Date: 12/03/2009 Packet Page 93 of 128 Packet Page 94 of 128 AGREEMENT FOR POLICE SERVICES PURSUANT TO THE INTERLOCAL COOPERATION ACT CHAPTER 39.34 RCW WHEREAS, the City of Edmonds, Washington is an optional code city constituted in accordance with the provisions of Title 35A the Revised Code of Washington; and WHEREAS, the Town of Woodway is a Town organized pursuant to certain provisions of Title 35 of the Revised Code of Washington; and WHEREAS, Chapter 39.34 of the Interlocal Cooperation Act authorizes public agencies, including municipal corporations to exercise their respective powers and any power capable of being exercised by either party pursuant to an interlocal agreement; and WHEREAS, the City Council of the City of Edmonds and the Town Council of the Town of Woodway deem it to be in the public interest to enter into an interlocal agreement for the provision of police services in accordance with the terms and conditions set forth therein; and NOW, THEREFORE, IN CONSIDERATION in consideration for the promises set forth in this Agreement and the mutual benefits to be derived, the City of Edmonds, Washington, (hereinafter "Edmonds") and the Town of Woodway, (hereinafter "Woodway") have entered into this Agreement in accordance with the provisions set forth below: I. TERM THIS AGREEMENT shall have a three year term commencing on January 1, 2010 and expiring on December 31, 2012. 1.1 This Agreement may be terminated by either party without cause by the provision of ninety days written notice addressed to the respective City or Town Clerk, at his/her regular business address. 1.2 This Agreement may be terminated by either party for cause if, but only if: 1.2.1 Prior written notice of an alleged breach of the terms of the Agreement is provided to City or Town Clerk; and 1.2.2 The breach is not cured within 48 hours of the actual receipt of the written notification of breach. 1.3 This Agreement may be extended for future calendar terms or such other terms as the parties may deem appropriate upon the approval of the parties. {WSS478377.DOC;1/00006.900000/} 1 Packet Page 95 of 128 II. SERVICES TO BE PROVIDED THIS AGREEMENT does not create a separate entity for the provision of services. Rather it is the intent of the parties that Edmonds shall provide back-up police services as described herein when a Woodway officer is not on duty or is otherwise unavailable to respond to the call. In such event, SNOCOM shall dispatch an Edmonds officer in or on an appropriate vehicle and with appropriate back-up when needed for: 2.1 All priority one (1) in-progress calls which currently includes abduction, bank alarm, robbery hold-up alarm, assault, assault with weapon, burglary, fight with weapon, hostage situation, prowler, rape, robbery and strong-arm robbery; and/or 2.2 Priority two (2) calls in progress which involve, but are not limited to theft, threats to life or property, including residential alarms, panic alarms, suspicious persons, suspicious circumstances, traffic accidents, and 911 hang-up calls. 2.3 Priority one and priority two calls shall be defined in accordance with the definition established for such calls by SNOCOM, such definitions to be incorporated by this referenced as fully as if herein set forth. The determination of SNOCOM regarding the characterization of any call shall be final and determinative. 2.4 If a Woodway police officer is on regular scheduled duty and back-up is required, the Edmonds police department will continue to assist if an officer is available at no charge, in accordance with other existing mutual aid agreements. III. RESPONSIBILITIES OF THE PARTIES 3.1 The Edmonds Police Department shall: 3.1.1 Conduct an initial investigation of incidents; 3.1.2 Assist victims and witnesses at the crime scene; 3.1.3 Preserve crime scenes; 3.1.4 Take reports on minor incidents; 3.1.5 Provide a written report on every dispatched call; and 3.1.6 As required, attend and testify at any prosecution arising from the call. 3.2 The Woodway Police Department shall: 3.2.1 Provide any follow-up investigation, report or action required relative to an assault, burglary or crime with possible suspects by call-out of a Woodway police officer. {WSS478377.DOC;1/00006.900000/} 2 Packet Page 96 of 128 3.2.2 Woodway, through its police officers, shall provide crime scene investigation regarding burglaries, multiple property crimes, serious accidents, or similar events of a serious or felonious nature. 3.2.3 Woodway shall call out an officer to provide service in the event that arrest and booking of a suspect is required. Woodway police department citation forms shall be used and an "assist other agency" report and statement prepared. If no Woodway police department officer is reasonably available, an Edmonds citation form may be used. In such event, the Edmonds police department policy regarding issuance of citations on state charges shall be followed. 3.2.4 Evidence shall be retained by the Woodway police department. 3.2.5 Juvenile referrals will be referred to the Woodway police department for processing, including appropriate report and referral. 3.3 Report Process. 3.3.1 A written report shall be provided regarding all calls to which an Edmonds officer is dispatched. 3.3.2 The original shall remain with the Edmonds police department. 3.3.3 Copies shall be sent immediately to the Woodway police department. 3.3.4 A copy shall be provided to the Edmonds Assistant Chief for the Police Support Services division. 3.4 Emergency Situations; No Special Duty or Third Party Right Created. The parties understand and agree that in the event of an emergent situation in Edmonds, services under this Agreement may be delayed or suspended. Nothing herein shall be interpreted to create any third party right, nor is any special duty to any third party, private party, person or entity created as a result of this Agreement. IV. BILLING PROCESS Woodway shall pay to the City of Edmonds $137.50 per dispatched call. If a call requires more than one Edmonds officer to respond, and that additional officer(s) is on the Woodway call in excess of 15 minutes from time of arrival, an additional cost will be assessed for police services at the flat rate of $42.82 for the additional officer(s) time based on the nearest 15 minute increment. The individual officer’s unit history will be used for the record for time spent in Woodway. Edmonds shall provide a detailed quarterly billing which shall include at a minimum the Edmonds police department case number and the date of the incident. Payment shall be remitted within 30 days of billing. In the event of a dispute regarding billing, the parties {WSS478377.DOC;1/00006.900000/} 3 Packet Page 97 of 128 agree to submit the dispute to binding arbitration or such other form of alternative dispute resolution (mediation) as the parties shall approve. V. SUPPLIES AND EQUIPMENT Edmonds shall provide services through use of its own vehicles and equipment and be responsible for all costs associated therewith, including but not limited to damage from any kind or nature and normal wear and tear. Edmonds shall also utilize its own reports and forms with the exception of citations as herein provided. Edmonds citations shall only be used when no Woodway citations are reasonably available. VI. LIABILITY AND INDEMNITY 6.1 Edmonds shall indemnify and hold harmless Woodway, its officers, agents and employees from any claim, cause or liability of any kind or nature whatsoever arising from or out of the negligence or wrongful tortious act of an Edmonds officer or employee in the provision of services under this Agreement by Edmonds officers. This promise to indemnify and hold harmless shall include a waiver of the immunity provided by Title 51 RCW, to, but only to the extent necessary to fully effectuate its promise. 6.2 Woodway shall indemnify and hold harmless Edmonds, its officers, agents and employees from any claim, cause or liability of any kind or nature whatsoever arising from or out of the negligence or wrongful tortious act of a Woodway officer or employee in the provision of services under this Agreement by Woodway officers. This promise to indemnify and hold harmless shall include a waiver of the immunity provided by Title 51 RCW, to, but only to the extent necessary to fully effectuate its promise. 6.3 In the event of a claim, loss or liability based upon the alleged concurrent or joint negligence or tortious act of the parties, the parties shall bear their respective liability, including cost, in accordance with an assignment of their respective liability established in accordance with the laws of the State of Washington. {WSS478377.DOC;1/00006.900000/} 4 Packet Page 98 of 128 {WSS478377.DOC;1/00006.900000/} 5 VII. ENTIRE AGREEMENT - AMENDMENT This is the entire agreement between the parties. Any prior understanding, written or oral, shall be deemed merged with its provision. This Agreement shall not be amended except in writing with the express written consent of the City Council and Town Council of the respective parties. EXECUTED this ______ day of _____________________, 2009. CITY OF EDMONDS TOWN OF WOODWAY By: By: Mayor Gary Haakenson ATTEST/AUTHENTICATED ATTEST/AUTHENTICATED By: By: Sandra S. Chase, City Clerk (Town Clerk) APPROVED AS TO FORM: APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: OFFICE OF THE TOWN ATTORNEY: By: By: Packet Page 99 of 128 AM-2634 3.D. Complaint Procedures Related to Barking Dogs City Council Committee Meetings Date:12/08/2009 Submitted By:Jana Spellman Submitted For:Councilmember Plunkett Time:15 Minutes Department:City Council Type:Information Committee: Information Subject Title Discussion regarding complaint procedures related to barking dogs. Recommendation from Mayor and Staff Previous Council Action Narrative Councilmember Plunkett requested that this item be placed on the Public Safety Committee agenda for discussion (see attached memo). Fiscal Impact Attachments Link: Plunkett Memo - Barking Dogs Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 12/01/2009 05:25 PM APRV 2 Mayor Gary Haakenson 12/01/2009 05:37 PM APRV 3 Final Approval Sandy Chase 12/02/2009 02:46 PM APRV Form Started By: Jana Spellman Started On: 11/20/2009 09:26 AM Final Approval Date: 12/02/2009 Packet Page 100 of 128 MEMORANDUM Date: October 2, 2009 To: Public Safety Committee From: Michael Plunkett, Council President Subject: Barking Dogs As you know, at this time, only a complaint concerning barking dogs will be taken up if three residents formally complain. I think that is one complaint too many and wonder if the Committee would consider scaling that back to two barking dog complaints? Please let me know. Thank you. City of Edmonds COUNCIL OFFICE Packet Page 101 of 128 AM-2647 3.E. 2009-2010 Fire Department Update #1 City Council Committee Meetings Date:12/08/2009 Submitted By:Tom Tomberg Time:5 Minutes Department:Fire Type:Action Committee:Public Safety Information Subject Title 2009-2010 Fire Department Update #1. Recommendation from Mayor and Staff Forward to City Council Consent Agenda with a recommendation to approve. Previous Council Action On March 17, 2009 Council approved the 2009-2010 Fire Department Work Plan. Narrative Attached is the first, and final, update to the 2009-2010 Fire Department Work Plan. This status is created by the November 2 Council approval of the City-Fire District #1 contract for service Interlocal Agreement. Normally, Council would have received a work plan update earlier in the year; however, the almost complete submersion of Fire Administration in the review and revise process surrounding the City-District negotiation made this impossible. Fiscal Impact Fiscal Year: 2009 Revenue: Expenditure: Fiscal Impact: None. Attachments Link: 2009-2010 FD Work Plan Update #1 Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 12/03/2009 09:48 AM APRV 2 Mayor Gary Haakenson 12/03/2009 01:32 PM APRV 3 Final Approval Sandy Chase 12/03/2009 01:34 PM APRV Form Started By: Tom Tomberg Started On: 12/02/2009 04:14 PM Final Approval Date: 12/03/2009 Packet Page 102 of 128 EDMONDS FIRE DEPARTMENT MEMORANDUM Date: December 8, 2009 To: Public Safety Committee From: Thomas J. Tomberg, Fire Chief Subject: 2009-2010 Fire Department Work Plan Update #1, Final Below is the first, and final, update to the 2009-2010 Fire Department Work Plan approved by the City Council on March 17, 2009. This status was created by Council approval of the City-Snohomish County Fire District No. 1 contract for service Interlocal Agreement on November 2, 2009, and the almost complete submersion of Fire Administration into that review and revise process that began in early April and will continue through the end of 2009. The update status to each item appears below in bold. Administration 1. Align the annual work plans of the Fire Chief, Assistant Chief, Fire Marshal, Battalion Chiefs, and Executive Assistant with the Mayor’s annual goals and objectives, policies that emerge from the annual Council Retreat, and majority policy directives received from elected officials through the Mayor. #1 Completed. 2. Align the Fire Work Plan with other City departments and pertinent outside agency work plans. #1 Completed. 3. Inculcate the workplace safety ethic into every aspect of Department operations. Complete list of outstanding safety programs in Department standard operating procedure format. #1 Revised two and added three new Health & Safety Standard Operating Procedures:  Revised SOP 602.01 Pre-Burn/Training Checklist  Revised 603.01 Fire Station Inspection Programs  New SOP 604.04 Fall Prevention Program  New SOP 604.05 Hearing Conservation Program  New SOP 604.06 Post-Fire Atmospheric Monitoring. OFFICE OF THE FIRE CHIEF Packet Page 103 of 128 4. Develop and distribute a Fire Department Customer Service Survey. Evaluate 1 Customer service surveys were distributed to every patient transported 5. omplete negotiations with Snohomish County Fire District 1 on a new contract #1 Approved by the City Council on April 21, 2009. 6. rovide internal and external stakeholders with information about Council- e determined. #1 Participated in the 2009 property tax levy lift process. Council decided ract 7. cquire a site to construct a Fire Administration building consistent with City on s it #1 Negotiation with the owners of the property adjacent to Fire Station 16 8. Work with the Mayor, Council, Directors, and appropriate outside others on city- e #1 Department efforts consisted of working with Facilities Staff to conserve 9. Through City and fire service channels, advise lobbyists and industry n and Fire #1 The Department was active in financing and health and safety initiatives responses and implement changes to improve Department operations as appropriate. # by the Edmonds Fire Department. To date, 14 have been returned, all contained positive comments. C to provide Fire/EMS services to Esperance. P approved initiative(s) that will improve and/or stabilize the City’s long-term financial future to include a levy lid lift, internal city reorganization, regionalization, consolidation, elimination, or others means yet to b not to place a levy on the 2009 ballot (for 2010) for several reasons to include the possible passage of Initiative 1033, the potential for a cont for service with Fire District #1, and due to the difficult economic times. A Council intent when the voters passed the 1996 Public Safety Bond. Located the third floor of City Hall since 1997, Fire Administration is the only City department administration not located with the primary group of employee leads and manages. ended with no response to a City offer to purchase the property. wide environmental stewardship and energy conservation issues through the Fir Department Conservation Program Committee. electricity, and balance the various heating and cooling zones in City fire stations. spokespersons on legislation that improves the City’s financial conditio Department employees’ health and safety, respectively. through the City, the Snohomish County Fire Chiefs Association, and the Washington Fire Chiefs. 2 Packet Page 104 of 128 10. Perform an internal evaluation and consult with the City Attorney on whether to #1 A Department member with a bachelor’s degree in Safety and Health 11. Implement the peer-driven and self-governing career development plan for ss s #1 The Assistant Fire Chief completed the National Fire Academy Executive d 12. ork on the long-term plan to purchase a single, shared SNOCOM-SNOPAC #1 The SNOCOM and SNOPAC Boards entered a joint contract with New 13. Work on the long-term plan to purchase a single, shared SNOCOM-SNOPAC #1 The SNOCOM and SNOPAC Boards entered a joint contract with New 14. plement the Mandatory Physical Fitness Program (SOP 503.01). #1 Completed. 15. prove the City’s Washington State Rating Bureau rating, over time and within #1 Ongoing. 6. Work with the Snohomish County law enforcement and fire consortium to #1 Ongoing through the SNOCOM-SNOPAC consortium. 17. Actively seek grant opportunities. #1 Ongoing. invite Washington Labor & Industries to conduct a Voluntary Protection Program inspection of safety and health management inside the Department. Management was conducting a year-long study of the advisability of making such a request prior to consulting the City Attorney in 2010. interested employees under International Fire Service Accreditation Congre (IFSAC) auspices. Company Officers and acting Company Officers will certify a Fire Officer I in Year One (2009) of the program; Battalion Chiefs and acting Battalion Chiefs (Fire Officer II) will certify in Year Two (2010). Fire Officer Program; 12 members completed Fire Officer I training; two members certified as Acting Company Officers; and one member certifie as an Acting Battalion Chief. W Computer-Aided Dispatch System (CAD). World to purchase a Computer-Aided Dispatch System (CAD). Fire Records Management System (RMS). World to purchase a Fire Records Management System (RMS). Im Im budget, from Class 4 to Class 2. 1 implement a wireless network. 3 Packet Page 105 of 128 18. 2010, negotiate a new collective labor agreement with IAFF Union Local 1828. #1 Obviated by the contract for service with Fire District #1 that begins in perations and Training In 2010. O 19. Acquire Personal Protective Equipment (PPE) for use in fire suppression rd on #1 Limited acquisition due to budget constraints. 20. eplace the Self-Contained Breathing Apparatus (SCBA) compressor that t and #1 No action due to budget constraints. 21. eplace fire hoses in three diameters – 4 inches, 2½ inches, and 1¾ inches and #1 Limited acquisition due to budget constraints. 22. Acquire sufficient tools and equipment to equip Engine 20 and Ladder 20 the #1 No action due to budget constraints. 23. evelop a fund program to replace expensive individual or in aggregate tools and #1 No action due to budget constraints. 24. ork with Public Works to develop a fire hydrant acquisition program, and an #1 Provided Public Works with a draft standard operating procedure 25. cquire a training site that allows on-duty crews to remain in the City. See #7 #1 Negotiation with the owners of the property adjacent to Fire Station 16 operations consistent with National Fire Protection Standard 1971, Standa Protective Ensembles for Structural Firefighting and Proximity Firefighting. R provides breathing air for Firefighters wearing personal protective equipmen a SCBA during interior fire suppression operations. R three lengths – 100 feet, 50 feet, and 25 feet. same, obviating the need to move equipment from one apparatus to the other. The vehicles are cross-staffed by the same crew. D equipment that exceed their useful life. W installation policy. addressing how fire hydrants are placed, funded, and maintained. A above. ended with no response to a City offer to purchase the property. 4 Packet Page 106 of 128 Emergency Medical Services 26. Acquire electronic Patient Care Reporting hardware and software as identified in #1 Nearing completion. 27. rovide Advanced Life Support (Paramedic) equipment for the back-up vehicle. #1 No action due to budget constraints. 28. valuate January 1, 2009 implementation of EMS Transport User Fees program. #1 To date, no citizen complaints received. Prior to approval of the contract Fire Prevention and Public Education the EMS Transport User Fees White Paper presented to the Mayor and Council on September 12, 2008. P E for service with Fire District #1, no changes to the program were contemplated. 29. Add one staff person to the Fire Prevention Division to perform fire inspector and #1 No action due to budget constraints. 30. ork with local Fire Marshals – Edmonds, Snohomish County Fire District 1, #1 The Edmonds Fire Marshal is and has been an active participant in this e public educator duties. Address vehicle and space needs. The Department has long sought to bring the Daytime staff up to the 7.5 positions recommended by the Council-commissioned Ewing & Company Study published in 1997. The Department currently has six daytime staff. W Lynnwood, and Mukilteo – to establish safe and temporary Cold Weather Shelters in area churches that comply with life and safety codes. South County-wide discussion for the past three years. As of this date, there are no churches in Edmonds that meet the requirements of the cod that would permit this temporary use. It is our understanding that the City Attorney has scheduled a Council item for discussion on this subject. 5 Packet Page 107 of 128 6 Packet Page 108 of 128 AM-2648 3.F. Contract for Fleet Services with Snohomish County Fire District #1 City Council Committee Meetings Date:12/08/2009 Submitted By:Tom Tomberg Time:10 Minutes Department:Fire Type:Action Committee:Public Safety Information Subject Title Contract for Fleet Services with Snohomish County Fire District #1. Recommendation from Mayor and Staff Forward to the December 15 Council Consent Agenda with a recommendation to approve. Previous Council Action On November 2, 2009, Council approved a contract for service Interlocal Agreement for the provision of Fire/EMS services with Snohomish County Fire District #1. Section 19.2 of the agreement reads: "19.2 Other Cooperative Agreements. Nothing in this Agreement shall preclude the City and the District from entering into contracts for service in support of this Agreement." Narrative The City Attorney is preparing a contract between the City and Fire District #1 for the provision of fleet services by the City to the District effective January 1 under the following conditions: Based on contract between City and Woodway for provision of fleet services. Covers only 17 Fire/EMS apparatus and vehicles purchased by District in November 2 agreement. Month-to month agreement. Not to exceed six months. Same level and types of services as currently provided. Current shop rate at $95 per hour. Parts mark-up of 6%. Implementation of this month-to-month agreement will be followed in January by a discussion between the City and the District to determine the feasibility of the City and District entering into a long-term agreement for the provision of fleet services by the City to the District. The draft contract for service is under development and will be forwarded to Public Safety Committee members as soon as it is available. Fiscal Impact Fiscal Year: 2010 Revenue: Expenditure: Fiscal Impact: Cost neutral. Packet Page 109 of 128 Cost neutral. Attachments No file(s) attached. Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 12/03/2009 09:48 AM APRV 2 Mayor Gary Haakenson 12/03/2009 01:32 PM APRV 3 Final Approval Sandy Chase 12/03/2009 01:34 PM APRV Form Started By: Tom Tomberg Started On: 12/02/2009 04:27 PM Final Approval Date: 12/03/2009 Packet Page 110 of 128 AM-2649 3.G. Fire Department Transition Items City Council Committee Meetings Date:12/08/2009 Submitted By:Tom Tomberg Time:10 Minutes Department:Fire Type:Information Committee:Public Safety Information Subject Title Fire Department transition items. Recommendation from Mayor and Staff Information only at this point, although, depending on the ability of the City Attorney to revise each of these items for Council consideration, action (with prior Public Safety Committee approval) to approve the changes may be sought at the December 15 Council meeting. Previous Council Action 1. Ordinance 3500 was approved by Council on May 18, 2004. This ordinance designates the "Edmonds Fire Department" as the provider of Rescue Operations at the Wastewater Treatment Plant. 2. An Interlocal Agreement between the City and Snohomish County Fire District No. 27 approved by Council on March 18, 2008 is for the provision of EMS services to Hat Island via the public safety boat Marine 16 operated by the "Edmonds Fire Department." 3. Chapter 6.65 of the Edmonds City Code, approved by Ordinance 3350 in 2001, is entitled "Edmonds Fire Department - Provision of Services." On November 2, 2009, Council approved a contract of service Interlocal Agreement between the City and Snohomish County Fire District No. 1 for the provision of Fire/EMS services effective January 1, 2010. Narrative Each of the three items numbered under the Previous Council Action section above references the "Edmonds Fire Department." Because the "Edmonds Fire Department" will cease to exist on January 1, each of these documents need to be revisited and revised by the City Attorney, a process currently underway. These routine housekeeping issues involve language supplied by the City Attorney which essentially identifies Snohomish County Fire District No. 1 as service provider acting as the City's contract agent. Fiscal Impact Fiscal Year: 2010 Revenue: Expenditure: Fiscal Impact: None. Attachments Packet Page 111 of 128 Link: Hat Island ILA Link: Technical Rescue - WWTP Link: Chapter 6.65 Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 12/03/2009 09:48 AM APRV 2 Mayor Gary Haakenson 12/03/2009 01:32 PM APRV 3 Final Approval Sandy Chase 12/03/2009 01:34 PM APRV Form Started By: Tom Tomberg Started On: 12/02/2009 04:56 PM Final Approval Date: 12/03/2009 Packet Page 112 of 128 INTERLOCAL AGREEMENT BETWEEN CITY OF EDMONDS AND SNOHOMISH COUNTY FIRE DISTRICT NO. 27 WHEREAS, the City of Edmonds owns and operates a boat on and within Puget Sound for public safety purposes known as Marine 16; WHEREAS, Marine 16 serves both the City and, when available, adjacent jurisdictions by interlocal agreement; WHEREAS, Snohomish County Fire District No. 27 desires to utilize Marine 16 to transport persons who have suffered medical emergencies when Marine 16 is not in use or scheduled for use; WHEREAS, the Interlocal Cooperation Act, Chapter 39.34 RCW authorizes agreement between public agencies of the State; NOW, THEREFORE, The City of Edmonds, Washington, a municipal corporation (hereinafter “City”) and Snohomish County Fire District No. 27 (hereinafter “Fire District”) have entered into this Agreement under the authority of Interlocal Cooperation Act and in consideration of the mutual benefits to be derived. 1. Use of Boat. When the boat owned by the City of Edmonds and described as a 28’ foot vessel built by Northwind Marine Incorporated (Marine 16) is not in active use or scheduled for use by the Edmonds Fire Department, the City agrees to transport persons who have been the victims of an accident or medical emergency from Hat Island to a designated location in the Port of Everett, Washington for pick up by the Everett Fire Department or other appropriate pick up such as a private ambulance service. 1.1 The City and its Fire and Police Departments shall have priority use of Marine 16. The Fire District acknowledges and understands that its use of Marine 16 shall always be secondary to its use by the City. Nothing herein shall guarantee use of Marine 16 at any particular time or date, and the Fire District pledges, after evaluating the circumstances, that it will use Marine 16 only when feasible and will attempt to utilize private vessels, Airlift Northwest, or other available resources prior to calling for a Marine 16 response. 1.2 The City makes no express or implied warranty in or any assertion of any kind or nature that Marine 16 is designed or intended, for any use other than transportation. The Fire District acknowledges that it has inspected Marine 16 prior to executing this Agreement, and finds and believes Marine 16 to be fit for use for the transportation of persons who are the victims of an accident or a medical emergency {WSS677652.DOC;1/00006.900000/} 1 Packet Page 113 of 128 2. Transportation of Accidents Victims and Medical Emergencies. The City agrees to transport the victims of fire, accident and medical emergency (victims) under the terms and conditions set forth below: 2.1 When the Fire District wishes to have a victim or victims transported from Hat Island, the designated representative of Hat Island shall contact Snopac who will in turn send the request to Snocom, who will in turn dispatch Marine 16 according to normal operating procedures. If Marine 16 is unable to respond or the response is delayed, the Edmonds Duty Battalion Chief will notify Snocom of such, who will in turn notify Snopac, who will advise the Hat Island representative that other transport means must be made. Marine 16 shall not be used for any other training or transport purposes, and the victim(s) shall be transported only from Hat Island to the Port of Everett at a designated destination for pick up by the representatives of the Everett Fire Department, or an appropriate ambulance service. 2.2 The duties of the personnel of the Fire Department of the City of Edmonds are limited to: 2.2.1 The transportation of victims from Hat Island to the designated pick up point and the rendering of emergency medical assistance in route; 2.2.2 The duties and obligations of the personnel of the Edmonds Fire Department are limited to the transport and assistance of the victim(s) in route and appropriate assistance to emergency medical personnel of the Fire District as the individual is loaded onto Marine 16 and assistance to representatives of the Everett Fire Department or other pick up entity as the victim is delivered from Marine 16 to the dock. 2.2.3 The Fire District shall pay to the City the sum of $100 for each victim transported. This charge shall be valid from the date of execution through December 31, 2008. See Section 5. This charge is based upon the assumption that a transport, from request of Marine 16 through Snopac to the arrival back at the Port of Edmonds will not exceed two hours. If delay occurs because the Fire District does not have the victim ready for transport or because of a delay in transferring the victim to an appropriate recovery entity at Everett, the Fire District shall pay to the City an additional charge of $50 per hour for each hour, or part thereof, that Marine 16 is delayed from returning to the City for use. 2.2.4 The City shall bill the Fire District monthly for all charges incurred during any calendar month. The Fire District shall pay the billed amount within thirty (30) days, absent a legitimate dispute regarding services. Any dispute regarding services shall first be attempted to be resolved between the parties. If their efforts are unsuccessful, they agree to submit the matter to mediation by a mediator of their choosing, the cost to be borne equally. Any other billing disputes not resolved by mediation shall be subject to binding arbitration again at the mutual cost of the parties. {WSS677652.DOC;1/00006.900000/} 2 Packet Page 114 of 128 2.2.5 If the Fire District, in its discretion, adopts a transport fee to be paid by the victims or their insurers, the City agrees to meet with the Fire District to review billing procedures to ensure for timely reimbursement of any costs by the insurer of the victim. Nothing herein shall relieve the Fire District of the obligation to pay for services incurred. 3. Hold Harmless. Each party promises to hold harmless and indemnify the other party, its officers, agents and employees, from any loss, claim or liability of any kind or nature arising from or out of the negligent or tortious performance of the indemnifying party under this Agreement. To, but only to, the limited extent necessary to effectuate this indemnity, the parties waive any immunity which it may have under Title 51 RCW. 4. Title. Title to the Boat shall remain in the City at all times. Nothing herein shall be interpreted to create a joint ownership interest in any property. 5. Term and Termination. This Agreement shall take effect upon its execution and shall extend indefinitely until terminated by the parties. This Agreement may be terminated by either party on the provision of 10 days written notice without cause, or immediately by either party for cause. “Cause” shall include any violation of any term of this Agreement. The compensation provided for in paragraph 2.2.3 may be adjusted annually. The City shall provide notice of the fee for any future budget year (commencing 2009 or later) by October 31st of the preceding year. The Fire District may terminate this Agreement or, by continuing its terms, accept such payment. 6. Amendment. This Agreement shall not be amended except in writing with the express written consent of the parties hereto. 7. Merger. Any prior understanding, written or oral, shall be deemed merged with the provisions of this Agreement. 8. Severability. If any section, sentence, clause, or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity of any other section, sentence, clause, or phrase of this ordinance. 9. Required Terms: RCW 39.34.030. 9.1 No separate legal administrative entity is created. 9.2 No separate financing or budgetary provisions are created. 9.3 The Fire Chief of the City and the Fire Chief of the Fire District or their designees shall constitute a joint board to resolve issues relating to this Agreement. {WSS677652.DOC;1/00006.900000/} 3 Packet Page 115 of 128 {WSS677652.DOC;1/00006.900000/} 4 9.4 The property of the City and Fire District shall be and remain the property of each respective party. No interest in any property is transferred by this Agreement. 10. Effective Date; This Agreement shall be published on the City’s website, in lieu of recording with the Snohomish County Auditor. See RCW 39.34.040. This Agreement shall be effective when executed by the parties and published on the City’s website. CITY OF EDMONDS Mayor Gary Haakenson ATTEST/AUTHENTICATED: By: Sandra S. Chase, City Clerk APPROVED AS TO FORM: By: W. Scott Snyder, City Attorney SNOHOMISH COUNTY FIRE DISTRICT NO. 27 By: Its: Packet Page 116 of 128 0006.90000 WSS/gjz 3/22/04 R:3/29/04gjz R:4/21/04gjz ORDINANCE NO. _______ AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ESTABLISHING A POLICY FOR THE PROVISION OF RESCUE OPERATIONS AT THE TREATMENT PLANT, PROVIDING FOR THE PAYMENT OF A CHARGE FROM THE WASTEWATER TREATMENT PLANT TO THE GENERAL FUND, FIRE DEPARTMENT BUDGET AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, provisions of the Washington Administrative Code require the Edmonds Wastewater Treatment Plant to designate a provider for confined space rescue operations;- and WHEREAS, the Edmonds Fire Department has individuals trained in confined space rescue and equipment necessary to conduct such rescue operations, and WHEREAS, the City Council deems it to be in the public interest to designate the Edmonds Fire Department as the provider of confined space rescue at the Edmonds Wastewater Treatment Plant, subject to the clarification that the Edmonds Fire Department, as an emergency rescue operation, will use its best efforts to endeavor to provide confined space rescue but, due to emergency demands and priorities may be unable to respond to any particular call, and WHEREAS, the City Council wishes it to be clear that the duties undertaken are general duties to the public at large and do not create a duty to any specific individual, particularly to individual employees of the Wastewater Treatment Plant, NOW, THEREFORE, {WSS567458.DOC;1/00006.900000/} - 1 - Packet Page 117 of 128 THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Pursuant to the requirements of the Washington Administrative Code 296-62-14150, the Edmonds Fire Department is an agency that has the “capability to reach the victim(s) within a time frame that is appropriate for the permit space hazard(s) identified…” The Mayor or his designee is hereby authorized to designate the Edmonds Fire Department as the provider of confined space rescue services to the Edmonds Wastewater Treatment Plant (“WWTP”) subject to the following terms and conditions: 1.1 The duties created are general and create no specific duty to any individual, person or employee. The Edmonds Fire Department is an emergency responder. While the Edmonds Fire Department has the training, personnel and equipment, and therefore the capability to reach the victim within the time frame appropriate for the hazards which have been identified, other emergencies, such as natural or other disasters caused by man, acts of terrorism as well as single, multiple or escalating incidents such as medical emergencies, structure fires, motor vehicle accidents or hazardous materials responses that may impact the Fire Department’s ability to respond in a timely manner to a confined space rescue incident at the WWTP, may prevent response in any particular situation. For example, in the event of an earthquake or other widespread natural disaster, the Edmonds Fire Department may be called to respond to multiple emergency situations. In that event, the Fire Department shall make its best efforts to respond to all such calls for emergency service in accordance with triage principles established in conformance with the professional standards of fire departments and other emergency medical and rescue responders. 1.2 The Fire Chief shall: {WSS567458.DOC;1/00006.900000/} - 2 - Packet Page 118 of 128 1.2.1 Evaluate the Fire Department’s ability, in terms of proficiency with rescue-related tasks and equipment, to function appropriately while rescuing entrants from the particular confined spaces identified in the permit describing a particular entry. 1.2.2 Designate a rescue team that: 1.2.2.1 has the capability to reach the victim(s) within a time frame appropriate to the identified hazard; and 1.2.2.2 is equipped and trained for proficiency in the needed rescue techniques or services. 1.2.3 The rescue team(s) shall be informed by the Public Works Director or his designee of the hazards they may confront when called on to perform rescue at the Wastewater Treatment Plant and the rescue team shall be provided with site access in order that it can develop appropriate rescue plans and practice rescue operations. 1.3 The City Council hereby authorizes transfer of the sum of $3,000 in fiscal year 2004 from the Wastewater Treatment Plant Budget to the Fire Department Budget for the cost of training personnel to maintain certifications necessary to perform the rescue operations intended and for the purchase, maintenance and depreciation of equipment utilized in such confined space rescue operations. The Fire Department shall annually report a sum commensurate with the cost of maintaining the capability to provide rescue operation services to the Wastewater Treatment Plant and to the Edmonds City Council through the Mayor’s annual budget message as a part of the annual budget process. The sum charged to the Wastewater Treatment Plant shall be discounted to reflect that the Department’s response capability is always subject to the needs of the community and that response in any particular situation cannot be guaranteed. {WSS567458.DOC;1/00006.900000/} - 3 - Packet Page 119 of 128 Section 2. Effective Date. This ordinance, being an exercise of a power specifi- cally delegated to the City legislative body, is not subject to referendum, and shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. APPROVED: MAYOR GARY HAAKENSON ATTEST/AUTHENTICATED: CITY CLERK, SANDRA S. CHASE APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY W. SCOTT SNYDER FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. {WSS567458.DOC;1/00006.900000/} - 4 - Packet Page 120 of 128 {WSS567458.DOC;1/00006.900000/}- 5 - SUMMARY OF ORDINANCE NO. __________ of the City of Edmonds, Washington On the ____ day of ___________, 2004, the City Council of the City of Edmonds, passed Ordinance No. _____________. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ESTABLISHING A POLICY FOR THE PROVISION OF RESCUE OPERATIONS AT THE TREATMENT PLANT, PROVIDING FOR THE PAYMENT OF A CHARGE FROM THE WASTEWATER TREATMENT PLANT TO THE GENERAL FUND, FIRE DEPARTMENT BUDGET AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this _____ day of ________________,2009. CITY CLERK, SANDRA S. CHASE Packet Page 121 of 128 Chapter 6.65 EDMONDS FIRE DEPARTMENT – PROVISION OF EMERGENCY SERVICES Sections: 6.65.010 Creation – Purpose. 6.65.010 Creation – Purpose. The Edmonds fire department has been created in order to provide fire protection services and emergency medical services, as well as disaster preparation and coordination in accordance with Chapter 6.60 ECC and to otherwise protect life and property and promote the health, safety and welfare of the general public. No provision of these ordinances and nothing in the creation of the Edmonds fire department shall be interpreted to create or otherwise establish any particular class or group of persons who will or would be especially protected or benefited by the creation of said fire department by the provision of services by its members or by the budgeting of services by the annual budget ordinance. [Ord. 3350 § 1, 2001]. Packet Page 122 of 128 AM-2654 3.H. Public Safety Testing Subscriber Agreement City Council Committee Meetings Date:12/08/2009 Submitted By:Debi Humann Time:10 Minutes Department:Human Resources Type:Action Committee:Public Safety Information Subject Title Subscriber Agreement with Public Safety Testing, Inc. for service years 2010- 2012. Recommendation from Mayor and Staff Approve contract for continuing services for years 2010, 2011, and 2012. Previous Council Action Narrative The City of Edmonds has contracted with Public Safety Testing, Inc. for police entry level testing services for many years. Our current subscriber agreement expires December 31, 2009. The new agreement (attached) will continue this valuable service beginning January 1, 2010 through December 31, 2012. This three year renewal reflects a 25% reduction in costs for 2010 and 2009 rates for both years 2011 and 2012. It is recommended that the Public Safety Committee review the contract and approve it moving forward to Council for full approval. Fiscal Impact Attachments Link: Subscriber Agreement Form Routing/Status Route Seq Inbox Approved By Date Status 1 Police Al Compaan 12/03/2009 12:39 PM APRV 2 City Clerk Sandy Chase 12/03/2009 01:31 PM APRV 3 Mayor Gary Haakenson 12/03/2009 01:32 PM APRV 4 Final Approval Sandy Chase 12/03/2009 01:35 PM APRV Form Started By: Debi Humann Started On: 12/03/2009 11:55 AM Final Approval Date: 12/03/2009 Packet Page 123 of 128 Packet Page 124 of 128 Packet Page 125 of 128 Packet Page 126 of 128 Packet Page 127 of 128 Packet Page 128 of 128