20160614 City Council
Edmonds City Council Approved Minutes
June 14, 2016
Page 1
EDMONDS CITY COUNCIL APPROVED MINUTES
June 14, 2016
ELECTED OFFICIALS PRESENT
Dave Earling, Mayor
Kristiana Johnson, Council President
Michael Nelson, Councilmember
Adrienne Fraley-Monillas, Councilmember
Diane Buckshnis, Councilmember
Dave Teitzel, Councilmember
Thomas Mesaros, Councilmember
ELECTED OFFICIALS ABSENT
Neil Tibbott, Councilmember
STAFF PRESENT
Jim Lawless, Assistant Police Chief
Phil Williams, Public Works Director
Carrie Hite, Parks, Rec. & Cult. Serv. Dir.
Jeanie McConnell, Engineering Program Mgr.
Rosa Fruehling-Watson, City Attorney
Scott Passey, City Clerk
Andrew Price, Legislative/Council Assistant
Jerrie Bevington, Camera Operator
Jeannie Dines, Recorder
1. CALL TO ORDER/FLAG SALUTE
Mayor Earling read the following statement: Our thoughts and support go out to the families of the
victims of the tragic massacre in Orlando as well as the people of Orlando as they come together as a
community to survive this affront to human rights and dignity.
The Edmonds City Council meeting was called to order at 7:17 p.m. by Mayor Earling in the Council
Chambers, 250 5th Avenue North, Edmonds. The meeting was opened with the flag salute.
2. ROLL CALL
City Clerk Scott Passey called the roll. All elected officials were present with the excep tion of
Councilmember Tibbott.
3. APPROVAL OF AGENDA
Council President Johnson requested the addition of an Emergency Resolution regarding the City Park
Fire as Item 7.A.
COUNCIL PRESIDENT JOHNSON MOVED, SECONDED BY COUNCILMEMBER
BUCKSHNIS, TO APPROVE THE AGENDA IN CONTENT AND ORDER AS AMENDED.
MOTION CARRIED UNANIMOUSLY.
4. APPROVAL OF CONSENT AGENDA ITEMS
COUNCIL PRESIDENT JOHNSON MOVED, SECONDED BY COUNCILMEMBER
BUCKSHNIS, TO REVISE THE SPECIAL MEETING MINUTES OF JUNE 7, 2016 TO
INDICATE MAYOR EARLING WAS NOT PRESENT. MOTION CARRIED UNANIMOUSLY.
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June 14, 2016
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COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER MESAROS,
TO APPROVE THE CONSENT AGENDA AS AMENDED. MOTION CARRIED
UNANIMOUSLY. The agenda items approved are as follows:
1. APPROVAL OF COUNCIL SPECIAL MEETING MINUTES OF JUNE 7, 2016
2. APPROVAL OF COUNCIL MEETING MINUTES OF JUNE 7, 2016
3. APPROVAL OF CLAIM CHECKS
5. AUDIENCE COMMENTS
Farrell Fleming, Executive Director, Edmonds Senior Center, invited the Council and the community
to an open house on Wednesday, June 22 from 5:00 to 7:00 p.m. at the Senior Center, the first in a series
of community forums and presentations to gather public input on the plan to build a new multi-
generational activity center on the senior center site. The open house will include a brief presentation at
6:00 p.m. by the architects, Environmental Works, who are designing the building, the landscape architect
who is designing the beach restoration project and new walkway, and the environmental consultant,
Herrera Environmental Consultants. The latest conceptual drawings will be on display, similar to those
presented to the Council at their March 4 retreat, and refined after input from the Building Committee and
City staff. The goal for the evening is public input; they will be in a listening mode. Many staff, board and
committee members will assist in the process which will be largely low tech. The intent is gather input on
a one-to-one basis or very small groups. There will also be the ability to email thoughts, suggestions and
questions. They are interested in obtaining input in three general areas, 1) the building, 2) the beach
restoration, and 3) the environmental impact and sustainability of the project. Sustainable Edmonds may
co-host the event and have been part of planning the event. One of the hopes for the Edmonds Waterfront
Center is it becomes the obvious location of environmental programs, classes, and presentations; the
location demands this be a key focus of the new center.
6. STUDY ITEMS
1. STUDENTS SAVING SALMON PRESENTATION
Rondi Nordal, President, Edmonds-Woodway High School Students Saving Salmon Club, introduced
club members who were present: Afua Tiwaa, Fatima Fatty, Pavi Chance, Lindsey Barnes, Arisbeth
Acosta, Justin Heckt, and Sam Kleven. She thanked the Council for the opportunity to present and for
their support of the Edmonds Stream Team. Further details are available in the report in the Council
packet. The presenters are all student volunteers participating in the Citizen Science Program through the
Club; their project is to evaluate the water quality of the watersheds in Edmonds. This presentation is a
follow-up to the October presentation and she hoped to continue making periodic updates to the Council
on the water quality in Edmonds, perhaps every six months.
Pavi Chance explained the purpose of the project is to monitor water quality and environmental health as
the state does not have the means to monitor every stream, citizen scientists are stepping in. They also
seek to identify areas of improvement, identify what is being done right and what can be improved and
provide data to be used by other organizations. Ultimately they seek to protect salmon in stream Shell
Creek as well as bring them back to other cree ks. Due to a high pre-spawn mortality in Coho salmon in
streams that fall within the State parameters for healthy water, they are also seeking to identify if there is
something else happening. They test for a number of parameters important to salmon health including
dissolved oxygen which fish need to breathe, temperatures because cooler temperatures are better for
salmon and hold more dissolved oxygen, nitrates because high levels cause algae blooms which deplete
the water of dissolved oxygen, and pH which acts as an indicator of rain.
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Lindsey Barnes displayed a map of 14 monitoring sites in the Marsh and upper and lower ends of creeks
in Edmonds. Four teams of two to four students are responsible for four sites each. They monitor Willow
Creek, Shell Creek, Shellabarger Creek and Edmonds Marsh and test the water quality once a month
using a high quality multi-parameter instrument. Other environmental data is collected and recorded on a
standardized form and entered into a publicly available database. Seven parameters are monitored using
an electronic meter, water temperature, pH, dissolved oxygen, oxygen saturation, conductivity, specific
conductance, total dissolved solids, salinity and nitrates. Measured temperatures were evaluated against
the Washington water quality standards which sets aquatic life standards at 63.7 F for salmon. Dissolved
oxygen standards are 8 mg/L for salmon spawning and pH standards are 6.5-8.5. Water temperature,
dissolved oxygen and pH were evaluated to determine whether the measurements were within the
Washington water quality standards. When monitoring streams, water samples were collected in the fall,
winter and spring from each site and delivered to a laboratory for testing for heavy metals and petroleum
product. Quarterly samples are collected and tested for fecal coliform analysis at the City’s wastewater
treatment plant. The samples were also analyzed for coliform bacteria at North Seattle Community
College.
Arisbeth Acosta reported the three creeks exhibited an expected trend of decreasing temperature in the
fall with winter lows and increases in spring. She reported on:
Water temperature
o Average: 51.6 F
o High: 56.8 F
o Low: 45.6 F
o All creeks below 60.8 F
o All creeks appear good condition
o Data does not include summer months, will need to be reassessed in the fall
Dissolved oxygen
o Levels at or below 2 mg/L are lethal to most fish
o Colder water holds more dissolved oxygen
o Average: 10.5 mg/L
o Range: 9.3 mg/L to 12.5 mg/L
o All observed levels above the lowest one-day minimum of 8.0 mg/L set forth in Washington
standards
o Salmon eggs in a steam will do best in dissolved oxygen levels of 11.4 mg/L
o All three creeks are in good condition related to dissolved oxygen
pH Levels
o Measured on scale 0-14
o 7 = neutral, below 7 acidic
o pH in all three creeks generally stated constant
o Average: 7.71 with range between 6.97 to 8.22
o Decline in pH in December and March due to rain which is more acidic than stream water
o All observed pH levels in creeks within pH of 6.5 to 8.5
Suitable for salmon
Within Washington state standards
o All three creeks in good condition related to pH
Ms. Nordal explained as Shell Creek is the only creek tested that contains spawning salmon, it is held to
higher standards during the winter months, stricter than the WAC because it specifies a minimum of 11
mg/L of dissolved oxygen versus 8 mg/L. Salmon eggs are highly vulnerable and require more dissolved
oxygen. Shell Creek meets these requirements, likely the reason it can successful support salmon. She
noted one area of Shell Creek does not meet this standard but salmon do not currently reach that site.
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Ms. Chance provided information specific to Shellabarger Creek and Willow Creek, advising both fell
within the water quality parameters of the State. Both streams influence the Marsh equally and while
neither contain salmon, they drain into the Marsh so their water quality is important.
Shellabarger Creek
o Higher dissolved oxygen level in the upper middle fork
Willow Creek
o Higher dissolved oxygen level throughout
Justin Heckt presented information regarding the Edmonds Marsh:
Water temperature
o Below 60.8 F except during May
pH
o Edges more acidic, average 6.6
o Main inflow average 7.3
o Within Washington standards 6.5 to 8.5 except one near Harbor Square of 6.4
Dissolved oxygen
o Main inflow average 9.4 mg/L
o Edges average: 1.8 mg/L except in March
Edges do not have as much inflow and subject to standing water and/or decaying matter
Salinity
o Marsh is affected by tidegate which prevents saltwater entry in late fall and winter
o From late fall (October 15) to late winter (mid-March) marsh salinity mirrors incoming
creeks
o Year-round saltwater entry would make the Marsh more productive environment
Afua Tiwaa reported on macroinvertebrates, explaining water testing is a great way to monitor the health
of the streams. Because a full year of monitoring has not been done, it is difficult to determine their
overall health. She reported on sampling to evaluate the number of macroinvertebrates. The bugs are
grouped into three categories, 1) pollution intolerant, 2) somewhat tolerable of pollution, 3) tolerant of
pollution. A higher presence of bugs in group 1 indicate stream health is good which was the case for the
upper portion of Shell Creek.
Ms. Chance displayed and reviewed a graph of total petroleum hydrocarbons, reporting although there
were some spikes of oil and diesel, nothing alarming. This data is limited due to the expense of lab
testing, $90/sample so it was not done often. The limited data will be used to establish a baseline for
comparison with storm events. They have been unable to collect during storm events due to strict testing
criteria. Although there are some potential areas of concern, there is not enough information to draw a
conclusion and many scientists are looking at the data relative to salmon mortality. She also displayed and
reviewed a graph regarding dissolved metals, advising there were higher zinc and iron levels, but far
below the standard and both are naturally occurring chemicals.
Ms. Nordal reported on fecal coliform, explaining samples were tested at the wastewater treatment plant.
Fecal coliform is bacteria that lives in the gut and fecal matter of warm blooded animals. There are
generally lower levels of fecal coliform although some sites, primarily lower Shellabarger Creek,
southwest corner of Shellabarger Marsh and the Edmonds Marsh outlet and eastern edge at Hwy 104
culvert had elevated levels that exceeded the standard, colonies/100 mL, the standard for contact.
Although people do not swim in the Marsh, that standard is used to determine potential health risk. They
hope to collect more data and more frequent data to identify what may be causing this or any trends.
Fatima Fatty reviewed project recommendations
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No detrimental water quality issues detected so far except for the edges of the Marsh. But need to
collect summer data, consider more intense fecal coliform collections, and collect further and
better analyze heavy metals and petroleum compounds data.
Continued monitoring will provide annual trends and needed baseline data. Project is pursuing
collection of turbidity, phosphorous, and other data to make project more compatible with State
level monitoring program.
Monitoring sites selected are adequate, but additional sites would be beneficial.
Project has demonstrated that a Citizen Science project utilizing students can be successful in
collecting valid, scientific data. We have benefited from participation and will carry this
experience into college and future careers.
Sam Kleven recommended the citizens of Edmonds cooperate in preserving natural resources including
salmon that spawn in lower Shell Creek. Things citizens can do include:
Wash cars at a car wash instead of in the driveway to prevent soapy water entering storm drains
and into marine ecosystems
Use sustainable options for law such as native grasses instead of fertilizing
Make own compost to improve soil
Bike more to get exercise and save gas
He commended the City for actions taken to improve Shell Creek and as a result there are still salmon in
Shell Creek. He suggested the City:
Provide additional funding for stream-side property acquisition to better maintain environmental
conditions that directly affect streams
Launch an effort to remove invasive species and plants
Remove obstacles salmon face while going upstream
Ms. Nordal thanked the Council and Mayor for their support, student and adult volunteers, teachers,
school administrators, Edmonds School District, Sound Salmon Solutions, Earth Corp, grantors including
the Hubbard Foundation, Google.org and the National Fish and Wildlife Foundation and property owners
who allowed access to their land. She thanked the EWHS art class that is working on the On-the-Fence
mural that will be displayed during the Art Festival.
Councilmember Mesaros thanked the students and their supporters. He asked if the students had found
any comparative data. Ms. Nordal answered they have been working with data they have collected and
State standards. Joe Scordino said the purpose of initiating this program was the lack of data.
Councilmember Mesaros referred to the amount of fecal matter in the Marsh and asked if mammals, birds
and fish in the Marsh cause the bacteria rise. Ms. Nordal said that was a potential cause; however, due to
the incredibly high levels, there may be other sources such as people not picking up after their dogs.
Heavy rainfall also washes away more fecal matter. Some of high levels were following rain events
although the testing date that indicated levels approaching 300 colonies/100 mL was not.
Councilmember Teitzel thanked the students for volunteering their time. He observed salmon return to the
lower reaches of Shell Creek, the only creek that currently supports salmon, yet the water quality is fairly
comparable in all streams. He asked why salmon are not returning to other stream. Mr. Scordino advised
the access to Willow and Shellabarger Creeks is through the Marsh which currently drains through a
1275-foot pipe that is 40 feet below the water surface. Fish usually find a creek toward the surface and do
not typically dive down. If there are salmon in the other creeks, it is very few, primarily due to the pipe.
That will be rectified with the Willow Creek daylighting project.
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Councilmember Teitzel inquired about salmon in Hindley and Perrinville Creeks. Mr. Scordino answered
salmon can reach the lower reach of Hindley from Shell Creek but not far due to culverts and dropping
barriers. Ms. Nordal said the water is not very deep where Hindley enters Shell Creek and there is not
much water flow. In addition, there is a culvert several feet from where Hindley merges with Shell Creek.
Councilmember Buckshnis advised the final design for Willow Creek has been completed. She
encouraged the students to invite her on their next walkabout. She commended the students for their
report and encouraged them to make a presentation to WRIA 8.
Councilmember Nelson referred to a monitoring site the students are interested in at the south end of the
Marsh that is currently overseen by the Department of Ecology (DOE) on the Unocal property and asked
why access is not allowed. Mr. Scordino answered they would also like to know why. DOE was asked to
approach Chevron to obtain permission to go on the property and they declined. Where the students
would like to test is on the periphery of the site, away from the cleanup.
Councilmember Nelson referred to the students’ inability to collect and determine summer water
temperatures and asked if higher summer temperatures would affect the viability of salmon. Ms. Nordal
answered it would depend in part on the species and the point in t he lifecycle. She recalled salmon
attempting to spawn in the Columbia but due to incredibly high water temperatures, they were dying off
due to the lack of dissolved oxygen and increased susceptibility to fungal infections; lower water
temperatures create higher dissolved oxygen. She agreed higher summer water temperatures can affect
salmon spawning and lower dissolved oxygen levels could also affect eggs.
Councilmember Fraley-Monillas relayed the community’s thanks for the amount of time the students
have spent on this project, recognizing it was not all done during school hours. She recognized Joe
Scordino and Val Stewart and other adult volunteers for their efforts on this project. She encouraged the
students to invite all Councilmembers on their walkabout. She was disappointed the entire presentation
was not televised due to the power outage; there is a lot interest in the Marsh and efforts of the Students
Saving Salmon.
At Council President Johnson’s request, several students indicated they were graduating seniors. She
remarked this was an important final exam and a tribute to a long year of work. She thanked the students
for their dedication and their scientific expertise. She was hopeful this project would help them in their
future. She also thanked Mr. Scordino and Ms. Stewart.
Mayor Earling also thanked the students for their efforts and for their presentation.
2. PRESENTATION OF A CHANGE ORDER WITH RAZZ CONSTRUCTION, INC. FOR
THE FISHING PIER REHABILITATION PROJECT
Public Works Director Phil Williams relayed the pier had more extensive damage internally than was
known when the project started. The original construction did not comport with the approved plans and
specifications; the top slab placed on the existing deck did not bond well which allow water and moisture
to seep in from the sides and corrode the rebar and caused the two slabs to delaminate and fall apart which
extended into the center section of the pier. A great deal of work is required to repair the damage
including cutting off 9 inches on the outside, pouring a new section, and placing anodes in the structure to
stop the ongoing corrosion. The total cost to complete the additional work is $429,100, after some
significant deducts, the actual increase in the construction contract is $227,000.
Parks & Recreation Director Carrie Hite referred to the budget in the packet that reflects the current
funding sources and expenses; with the change order, the total cost of the project is $1.692 million. In
discussion with the State Recreation and Conservation Office (RCO), because the City’s grant request
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score very well two years ago, the project was still on the Water Access Funds’ radar. The City received a
direct appropriation for the pier from the legislature and after requesting additional funds for the project
due to the significant damage, RCO agreed to provide $450,000 if Washington Department of Fish &
Wildlife (WDFW) provided $50,000 which WDFW did. Additional funds, $207,000, are included in the
budget for a management reserve to address any other issues that may arise. The management reserve is
more than 10% but it is a reimbursable contract, if the funds are not spent, they are not billed or
reimbursed. The contractor has provided a schedule; the opening day is approximately August 16. She
requested the Council approve the $1.9 million budget and the $227,078 change order.
Council President Johnson asked when a decision will be made to take over the pier from the State. Ms.
Hite answered in previous discussions with the Council and Mayor, they wanted to wait until the capital
repairs were complete before entering into that discussion. Discussion with the Council regarding transfer
of ownership will begin as soon as the pier opens. The City has an Interlocal Agreement with WDFW
because they own the pier and the City is managing the construction contract; staff will return to Council
in the next 1-2 weeks to ask for authorization to amend the contract and add the funding and the new
scope of work.
Councilmember Buckshnis complimented Ms. Hite for finding the additional funds.
COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER TEITZEL,
TO 1) INCREASE THE TOTAL PROJECT BUDGET TO $1,900,000, AND 2) AUTHORIZE THE
MAYOR TO SIGN A CONTRACT CHANGE ORDER FOR $227 ,078 TO COMPLETE
ADDITIONAL REPAIR WORK.
Council President Johnson said staff’s recommendation was to forward this to the June 21 Consent
Agenda.
COUNCILMEMBER BUCKSHNIS WITHDREW THE MOTION WITH THE AGREEMENT OF
THE SECOND
Councilmember Teitzel asked if all the damage had been discovered or was there a possibility more
would be uncovered. Mr. Williams answered the designers are confident if the edge repairs are made, the
anodes will stop any ongoing corrosion in any part of the structure. With those repairs, the structural
engineers’ opinion is the pier will be good for another 40 years.
Councilmember Fraley-Monillas referred to a deduct for the galvanized guard rails, light poles and the
trestle railings and asked why those were deducted. Ms. Hite answered it was due to savings identified by
the contractor.
Mayor Earling thanked the department heads for their quick work. Ms. Hite was in Olympia for another
reason and returned with a considerable amount of funding. The Engineering Department has also worked
quickly on this project. Ms. Hite relayed the State RCO is stellar to work with; they made the magic
happen by identifying and allocating funds to Edmonds for the fishing pier.
It was the consensus of the Council to schedule this item for approval on the June 21 Consent Agenda.
3. PRESENTATION ON THE STORMWATER CODE UPDATE
Public Works Director Williams explained in the past Jerry Shuster would have been making this
presentation; he left the City to work for Bellevue and a suitable replacement is being recruited. He
introduced Craig Dubberstein, CPD Solutions, a subcontractor to Herrera with whom the City has
contracted due to their expertise in rewriting the stormwater section, Chapter 18.30. Coordinating with
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this effort, the rest of the development code is also being reviewed for necessary additions and changes
that will incorporate LID principles into preliminary work. Tonight’s presentation is focused on Chapter
18.30. He also introduced Jeanie McConnell, Engineering Program Manager. These are significant
changes to the code including the way people apply, information required for the application, the amount
of outside expertise needed to prepare the application as well as staff time review. It is good for surface
streams both water quality and channel security and integrity as well as for Puget Sound. The only down
side is it will require more work and expense.
Mr. Dubberstein reviewed the history of the City’s stormwater code:
1977: First Code
1980: Code Revised
1995: Code Revised
2009: Code Rewritten
4/20/2010: Current Version Adopted
He reviewed drivers for 2016 Code Revisions
2013-2018 Western Washington Phase II Municipal Stormwater Permit (NPDES Permit)
2014 Stormwater Management Manual for Western Washington (Ecology’s Manual)
(Essentially identical requirements for 87 “NPDES Phase II” municipalities across western
Washington) 3
Mr. Dubberstein provided an overview of the permit requirements:
S5.C.4.a - Controlling Runoff from New Development, Redevelopment and Construction Sites
Implement an ordinance or other enforceable mechanism that addresses runoff from new
development, redevelopment, and construction site projects. The ordinance or other enforceabl e
mechanism shall include, at a minimum, the Minimum Requirements, thresholds, and definitions
in Appendix 1 [of the NPDES Permit] or a program approved by Ecology under the 2013 NPDES
Phase I Municipal Stormwater Permit, for new development, redevelopment , and construction
sites.
The local requirements shall include site planning, Best Management Practice (BMP) selection
and design, and BMP infeasibility criteria.
The program shall include a permitting process with site plan review, inspection and enforcement
capability to meet the standards listed, for both private and public projects. The program shall
include provisions to verify adequate long-term operation and maintenance of stormwater
treatment and flow control BMPs/facilities that are permitted and constructed pursuant to the
above. These provisions shall be in place no later than December 31, 2016.
Most substantial change has to do with new Low Impact Development requirements (Permit
“Minimum Requirement #5”)
o Affects small projects (>2,000 sq. ft. of impervious)
o More complex site assessment requirements
o Additional City review requirements
He provided an overview of Chapter 18.30 revisions:
Code Section Existing/Proposed Section Titles
18.30.00 Purposes
18.30.010 Definitions
18.30.020 Authority and Regulation
18.30.030 Applicability
18.30.040 Administration Exemptions
18.30.050 Project Classification Administration
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18.30.060 Storm water management rRequirements
18.30.070 Exemptions, Exceptions, Adjustments and Appeal
18.30.080 Easements, deeds, Access and Covenants
18.30.090 Post Construction Inspection and Maintenance Roles and Responsibilities
18.30.100 Enforcement Rules
18.30.110 Notice and Hearing on Adoption of Rules
18.30.120 Rules to be Filed
He reviewed notable proposed code revisions:
Definitions – (Ch. 18.30.010)
o Revising 28 terms to be consistent with the latest NPDES permit definitions, as well as for
consistency with general stormwater practices.
o Adding 28 new terms to be consistent with the latest NPDES permit definitions, and for
clarity of new or changed code requirements. (E.g., “bioretention” and “hard surface”)
o Deleting 9 terms no longer used in the revised code, or defined in other code sections. (E.g.,
“critical area” and “variance”)
Authority & Regulations (Ch. 18.30.020)
A. Clarifying that the Director has authority to enforce the Edmonds Stormwater Addendum.
B. Adding – Statement that the requirements of this chapter are minimum requirements.
C. Adding – That the Director shall have the authority to impose additional requirements.
D. Adding – Approvals and permits granted under this chapter are not waivers of the
requirements of any other laws.
E. Adding – Compliance with the provisions of this chapter does not necessarily mitigate all
impacts to the environment
Stormwater management requirements (Ch. 18.30.060)
o Adopting by reference:
1. Western Washington Phase II Municipal Stormwater Permit, Appendix 1, modification
date January 16, 2015
2. Stormwater Management Manual for Western Washington, 2014
3. The Edmonds Stormwater Addendum (in development)
Substantial changes to 18.30.060 for equivalency with Ecology’s requirements in the 2013-
2018 NPDES Phase II permit and 2014 Manual (see subsequent slides).
Stormwater management requirements (Ch. 18.30.060)
o New connections to the City’s system:
1. Specific to sites that do not meet the definition of new or redevelopment (i.e., no
development activity)
2. May be allowed on a case-by-case basis, subject to City approval.
3. For sites > 2,000 sq. ft. of impervious area, requirements associated with stormwater flow
control and/or water quality treatment may be required if the drainage poses a risk/threat
to downstream systems/properties.
MINIMUM REQUIREMENT #4 – Preservation of Natural Drainage Systems and Outfalls
o Folding in old Min. Req. #10 – Off-site Analysis and Mitigation into Min. Req. #4, to capture
smaller projects
o Less rigorous requirements for smaller projects. “Qualitative” assessment of off-site issues.
MINIMUM REQUIREMENT #5 – On-site Stormwater Management
o Minimum Requires #1 - #5:
- > 2,000 sq. ft. new and replaced hard surface area, or
- > 7,000 sq. ft. land disturbance
o Min. Requirements #1 - #9:
- > 5,000 sq. ft. new and replaced hard surface area, or
- > 3/4 acre vegetation to lawn/landscape, or
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- > 2.5 acres native vegetation to pasture
MINIMUM REQUIREMENT #5 (Implementation)
o Projects triggering MR #1 - #5 only
- List #1, or LID Performance Standard applies
o Projects triggering MR #1 - #9
- List #2 or LID Performance Standard applies
MINIMUM REQUIREMENT #5 (List Option)
o Lawn and Landscaped Areas
1. Soil Quality and Depth
o Roofs
1. Full Dispersion or Downspout Full Infiltration
2. Rain Gardens [or Bioretention]
3. Downspout Dispersion Systems
4. Perforated Stub-out Connections
o Other hard surfaces
1. Full Dispersion
2. Permeable Pavement [or Rain Gardens or Bioretention]
3. Sheet Flow Dispersion, or Concentrated Flow Dispersion
o Consider all BMPs in the order listed and use the first BMP that is considered feasible:
MINIMUM REQUIREMENT #5 (LID Performance Standard Option)
o Achieved using hydraulic/hydrologic modeling (typically requires professional engineering
support)
o LID Performance Standard addresses lower, more frequent stormwater flows
MINIMUM REQUIREMENT #5 (Impacts to Permit Process)
o Extensive new parcel-scale BMP installations
o Generally increases developer site investigation, design, and construction level of effort
o Increases City review and inspection effort
o Improved stormwater and water quality control, dispersed among sites and close to source of
impact
MINIMUM REQUIREMENT #5 (Retrofitting unmanaged impervious areas)
o Existing Site
o Existing Parking Lot to Remain – Stormwater Management will need to be provided for a
minimum of 25% of the existing surface area.
o Remove Existing Structure & Replace with New Structure – Stormwater Management will
need to be provided for New Impervious Surface Area
MINIMUM REQUIREMENT #5 (Projects not draining to City’s system)
o For example, drains to BNSF system or direct to Puget Sound:
1. To off-site private property: obtain permission from owner (e.g., BNSF)
2. Direct to Puget Sound: apply subset of Min. Req. #5 List (per Ecology)
3. Manage on-site: apply Min. Req. #5 List with geotechnical analysis
4. Pump to City system: with approval, and with capacity analysis
Access and Covenants (Ch. 18.30.080)
o Revising language for compliance with NPDES Permit:
A. Access. Proper ingress and egress shall be provided to the City for inspection. The City
shall notify the responsible party in writing of a failure to provide access.
B. Covenants. Maintenance covenants shall be required for each site/lot that will be
maintained by a private entity. The maintenance covenant shall address requirements and
responsibilities for long-term management and maintenance of the applicable BMP(s).
Mr. Dubberstein provided a summary:
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Major code revisions driven by NPDES Permit compliance. Primary change relates to low impact
development and “on-site” BMPs.
Generally requires additional project effort, and City review effort
Similar to over 80 similar municipalities
Code to be “adopted and effective no later than December 31, 2016”
Schedule/Status
July 20 – Public outreach meetings (separate meetings for developers and the public)
July 2016 – Second City Council briefing (if significant changes to draft code)
Aug. 2, 2016 – City Council Public Hearing
Aug. 16, 2016 – City Council Action Item (Seeking approval of code with an effective date of Jan
1, 2017)
Late Summer/Fall 2016 – completion of Stormwater Addendum. Development of implementation
tools (e.g., review checklists)
With regard to retrofitting, Mr. Williams explained in the current code, any retrofit that is below the
threshold (such as 2,000 square feet) would not trigger the code; as a result smaller renovations could be
done over time, none of which trigger the code on their own. This approach using 25% of the existing
impervious is an easier way. He acknowledged the changes are complicated and there will be a
tremendous need for education well beyond the meetings scheduled on July 20 including for staff.
Councilmember Mesaros referred to 18.30.060, new connections, relaying an example of a homeowner
upon realizing his renovation is approaching the 2,000 square foot level would decide not to do anything
or do a smaller project. Mr. Williams answered there is no perfect answer; regardless of what the trigger
is someone could do a project below that level and not go through this effort. He recognized that could
happen but said any significant change on a lot was likely to trigger the 2,000 square foot level. One
option would be to consider incentives. Councilmember Mesaros acknowledged there were good reasons
for the code revisions such as to control runoff; however, for a homeowner, their good intentions and
pocketbook may differ. Mr. Dubberstein said the actual cost may not be as much as the perceived cost so
education will be important. City staff will be able to explain to homeowners how to meet the
requirements with minimal effort.
Councilmember Mesaros said part of the effort needs to be educating the public that this is a great
opportunity to control runoff versus a burden. Mr. Williams said the intent is for smaller projects to have
a toolbox of preapproved solutions such as rain garden designs that do not require hiring a stormwater
engineer, etc. Ms. McConnell said it will be a similar approach to the current requirements. Simplified
tools are beneficial to residents, property owners, and developers; continuing that in the code update as
well as education will help residents and smaller projects. Mr. Williams said many people have
voluntarily done alternative stormwater designs on their property because they know it’s the right thing
and there are environmental benefits. Larger developers will need to go through the process.
Councilmember Mesaros supported educating the public that this is a great opportunity for the City.
Although it seems complex, the City has a good staff to assist.
Councilmember Buckshnis asked about culverts and stormwater in areas where there will not be be any
development. Mr. Williams referred to the CIP and longer range plans that identify issues in the City’s
drainage system that need to be upgraded or capacity expanded. Stormwater rates provide resources for
capital projects. The City is beginning to video the drainage system and are finding a great deal that needs
repair. The amount of investment in the future in stormwater infrastructure will be similar to investments
in water and sewer. All that infrastructure is old and need work; culverts are undersized, culverts need to
be replaced, etc. Most of that will not be done by developers or homeowners but by the City.
Councilmember Buckshnis agreed this was a wonderful opportunity because the public is realizing
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stormwater is killing fish and ruining streams. She asked what other agencies such as WSDOT are doing
and how can the City help them understand the importance of stormwater management. Mr. Williams said
other agencies also have to comply.
Councilmember Buckshnis agreed with looking at retrofitting unmanaged impervious surface and asked
how 25% was selected. Mr. Williams answered it was the weighted average of people in the room. It will
also some progress to be made on unmanaged impervious surfaces. Councilmember Buckshnis asked if
staff will provide the Council the redline version of code in advance of the next meeting. Mr. Williams
said staff will attempt to provide a comprehensive strikeout version but it will be difficult to read due to
the number of changes/additions. Mr. Dubberstein clarified it is a 25% minimum; the aim is to get people
to do more.
4. DISCUSSION OF DRAFT ORDINANCE AMENDING ECC 5.21 (MISUSE OF THE 911
OR EMERGENCY CALL SYSTEM) TO CLARIFY THE DEFINITION OF MISUSE AND
TO AMEND THE PENALTY PROVISIONS
Assistant Police Chief Jim Lawless said the last time the ordinance was addressed was in 1999. As the
redline version of the changes indicates, the ordinance is antiqued and not very user friendly and written
well before the proliferation of cell phones and issues with 911 calls. This is not meant to address
incidental/accidental situations such as a “pocket dial” but individuals who chronically use 911
inappropriately even after being informed of the proper procedures. As written, that activity would result
in a misdemeanor charge. He provided an example, several months ago an individual called 911 73 times
within 12-hour period. That is the type of situations this ordinance is intended to address.
Councilmember Nelson asked whether texting was addressed by this ordinance. ACOP Lawless answered
no. Councilmember Nelson asked if frequent 911 texts would cause problems. ACOP Lawless advised
text 911 is in an exploratory phase. The ordinance refers to the abuse of the 911 system and does not
specify whether it is a dialed call or text.
Councilmember Buckshnis referred to the graduated penalty for false alarms. This ordinance does not
refer to a graduated offense, only a fine not to exceed $1000 or 90 days in jail. She asked whether there
would be a fine for someone calling 911 who should have called the non-emergency number. ACOP
Lawless assured it was not intended to address that; the ordinance also changed the definition of abuse of
system to include “creation of public safety risk.” The ordinance is not meant to address the incidental
accident such as a child calling 911 or someone calling 911 instead of the non-emergency number; it is
intended to address egregious situations. He said situations that reach the degree of the example he
provided, impact overall public safety. In consultation with the City Attorney and looking at what other
jurisdictions have done, it was decided it would be a misdemeanor due to the public safety risk.
Councilmember Buckshnis referred to the new non-emergency number.
Councilmember Teitzel observed the penalty was reduced from $5,000 to $1,000. ACOP Lawless said
that is the penalty phase for a misdemeanor crime. Councilmember Teitzel asked how many were
collected when the fee was $5000. ACOP Lawless answered to his knowledge nothing has ever been done
with the ordinance as written due to the difficulty of civilly suspending someone’s right to use a
telephone; there was no way to enforce it.
It was the consensus of the Council to schedule this item for approval on the Consent Agenda.
5. DISCUSSION OF DRAFT ORDINANCE AMENDING ECC 5.05 TO ADD CERTAIN
PENALTY PROVISIONS RELATING TO ANIMAL BITES
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Assistant Police Chief Jim Lawless explained last summer there was a serious incident on the waterfront
where a dog attacked a child and multiple reconstructive surgeries on the child’s face were required. As a
result of investigation by the animal control unit, a detective assigned to the case due to the severity of the
injuries and public outreach and press releases, the subject was identified and he eventually turned
himself in. The way the ordinance is current written, beyond the dog bite itself and running at large, there
was nothing to charge the person with. There is a requirement to report a dog bite but no penalty if that is
not done. This make it a criminal offense if the owner fails to report severe animal bite within 24 hours.
He noted 99.9% of the time, dog bites are reported, whether by the owner or the person bitten. This
ordinance is intended to address egregious situations to impose a penalty for not being a responsible
animal owner. With regard to last year’s incident, the police department tried to submit charges through
the Snohomish County Prosecutor’s office but it did not meet the statutory burden.
It was the consensus of the Council to schedule this item for approval on the Consent Agenda.
6. DISCUSSION OF DRAFT ORDINANCE AMENDING ECC 8.32 TO ADD INATTENTIVE
DRIVING SECTION
Assistant Police Chief Jim Lawless said this ordinance has been on the back burner, hoping the State
legislature would address it. Years ago there was a statute that allowed people to be cited for failure to use
due care. It was struck down because it was statutorily vague and did not have enough specificity related
to actions and penalties. This ordinance was developed after researching neighboring jurisdictions and
working with the City Attorney. The intent is to minimize the burden on the driver; in certain cases, an
officer’s only option is a stiff penalty on an infraction or a misdemeanor. This ordinance allows officers to
take necessary enforcement and lessen the burden on the person receiving the citation.
Councilmember Nelson observed the language does not mention cell phones. ACOP Lawless answered
that is addressed by an existing RCW. This ordinance is intended to address issues outside of cell phones
such as applying makeup, reading a book, anything other than paying attention to the roadway.
Councilmember Buckshnis asked why not include cell phones. ACOP Lawless said there is already an
RCW and the police department is hopefully the legislature will tighten that further as having a phone up
to your ear or in front of you does not change the dynamics of the person’s driving.
It was the consensus of the Council to schedule this item for approval on the Consent Agenda.
7. PRESENTATION OF BID RESULTS FOR THE 76TH AVE & 212TH ST.
INTERSECTION IMPROVEMENTS PROJECT
Public Works Director Phil Williams recommended rejecting all bids. He reviewed project information:
Engineer Est $3841,297
Lowest Bid (Tri Max) $5,116,721
Initial shortfall -$1,275,424
PUD Cost -$178,500
Frontier Cost -$271,000
Reimbursement by Comcast $41,659
Reimbursement by Wave $85,815
Total shortfall $1,597,450
He highlighted differences between the engineer’s estimate and the lowest bid for several items:
Item Engineer’s
Estimate Lowest Bid Difference
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Mobilization (Scheduled A) $114,000 $230,000 $166,000
Project Traffic Control $60,000 $88,000
Traffic Control Supervisor $1,000 $115,000
Pedestrian Traffic Control $20,000 $45,000
Flaggers $90,000 $112,000
Tree Removal $9,000 $31,000
Remove Structures & Obstructions $25,000 $110,000
CSBC $32,500 $64,000
Type 1 Low Profile Curb $2,000 $27,000
Temp Signal $100,000 $184,000
Traffic Signal $250,000 $460,000 $210,000
Mobilization (Schedule B) $50,000 $100,000
Temporary Traffic Control $20,000 $50,000
Traffic Control Supervisor $1,000 $50,000
12” storm sewer pipe $50,000 $99,000
16” storm sewer pipe $25,000 $50,000
Detention vault $200,000 $280,000
$1,049,500 $2,095,000
He said reasons for the high bid could include bidding at a difficult time of year, most contractors have
their summer work outlined. For example, Trimaxx Construction, the apparent low bidder, won a bid in
another city that was only 2% over the engineer’s estimate prepared by the same engineering company.
As a result, TriMaxx’s summer work was fairly well established and he was uncertain whether that
influenced this bid.
He recommended:
Re-bid the project in December or January (better bidding climate)
Apply for TIB grant in August 2015 (notification in November)
If grant is successful move forward with scope as outlined
If not successful, consider removing the undergrounding of overhead utilities (approximately
$929,000)
Councilmember Fraley-Monillas commented this was highway robbery. She hated to see the utilities not
be undergrounded because this is such a rare opportunity. She urged staff to do their best to get the wires
undergrounded. Mr. Williams agreed, noting people appreciated the undergrounding of utilities at Five
Corners. This intersection is not quite as high value an intersection from a view standpoint as Five
Corners but this was a one-time opportunity. Councilmember Fraley-Monillas said this is a north-south-
east-west connection. Mr. Williams agreed removing the undergrounding would be a last resort.
It was the consensus of the Council to schedule rejection of the bid on the June 21 Consent Agenda.
8. PRESENTATION OF A SUPPLEMENTAL AGREEMENT WITH KPG FOR THE 236TH
ST. SW WALKWAY PROJECT
Public Works Director Phil Williams explained the City signed a contract 1½ years ago with KPG to
design a Safe Routes to Schools sidewalk from SR-104 to Madrona School that included a connection to
the door of the school which was required in the grant. The initial contract was $69,944.85. This contract
expired on December 31, 2015 with only $53,741 expended. A second contract was negotiated and signed
on March 7, 2016 with KPG for $40,752. The higher amount is due to the City’s experience on 238th with
the sidewalks and raingardens resulted in a limited amount of pavement, 10-foot lanes. That would have
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also occurred at 236th leading up to the school, a location where 600 cars/day drop off and pick up
students. Width was added to the road which increases construction costs and design costs.
Before construction begins, a supplemental agreement with KPG must be executed to secure their
services for engineering support during construction. The City has negotiated a consultant fee of $14,972
for these services. Staff is also requesting a 5% management reserve.
It was the consensus of the Council to schedule this item for approval on the Consent Agenda.
9. REPEAL ECC 10.5 DISSOLVING LIBRARY BOARD
Parks & Recreation Director Carrie Hite recalled during the 2015 retreat the Council agreed to analyze the
cost and purpose of all boards and commissions and whether they were necessary and effective. At that
time Mayor Earling recommended dissolution of the Library Board; the Library Board also recommends
dissolution. She requested this item be forwarded to the Consent Agenda.
It was the consensus of the Council to schedule this item for approval on the Consent Agenda.
10. EDMONDS CITY CODE CHAPTER 10.95 -CITIZENS' TREE BOARD
Councilmember Buckshnis highlighted changes:
Specifying when the Tree Board will meet
Changing language in 10.95.030.A Powers and Duties
1. Developing a The board may assist in developing a tree ordinance or an Urban Forest
Management Program designed to help preserve and protect existing trees, encourage
planting of additional trees, safeguard trees on parcels where construction or renovation is
occurring or planned to occur, and encouraging the Edmonds citizenry to become active
stewards of the urban forest.
7. Working towards achieving and maintaining a ement of Tree City USA® status.
Changing language in 10.95.030.B:
o The board shall provide an annual report to the city council within the first quarter in
December of each year.
Councilmember Teitzel suggested changing “or an Urban Forest Management Program” in 10.95.030 to
“and/or an Urban Forestry Management Plan.” Councilmember Buckshnis said the tree ordinance and
Urban Forest Management Plan will not be done at the same time. She was agreeable to the change.
It was the consensus of the Council to schedule this item for approval on the Consent Agenda.
7.A EMERGENCY RESOLUTION REGARDING THE CITY PARK FIRE
Parks & Recreation Director Carrie Hite explained there was a fire at the City Park maintenance building
on June 8. The police consider it an arson and are actively investigating it. She displayed photographs of
the damaged storage shed, a flatbed pickup, severely burned trees behind the shed and another smaller
shed that has collapsed. The shed stores all the park maintenance products, equipment, stereo system for
4th of July, etc. Staff is developing an inventory of the contents of the shed. This is an emergency
ordinance to contract with with Belfor Restoration to remove the shed due to the safety issue it poses in
its current condition. If the Council approves the emergency ordinance, demolition could begin as soon as
tomorrow.
WCIA has assigned Evergreen Adjustment Services who were in contact the day after the fire. An
adjuster visited the site the day after the fire and took pictures; his analysis was submitted today. The
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rough estimate of loss is $75,000 - $100,000 for the building and contents although the inventory has not
yet been finalized. Vehicles are handled separate from the building in the City’s insurance policy. An
adjuster is coming tomorrow to assess the completely destroyed flatbed truck as well as five other
vehicles that were severely damaged from the fire’s heat. The City’s policy has a $25,000 deductible for
facilities, not vehicles, so some allocation will be required for rebuilding. She and Mr. Williams have
discussed reassessing the usability of the building design; the shed had a very narrow door for loa ding
equipment. Staff may consider rebuilding it in a slightly different configuration as well as enhancing
security at City Park. Staff will return to Council with that issue in the future.
Mr. Williams said this is the third break-in in the six years since he has been with the City. A more robust
security system with cameras would be appropriate. A $4,600 order of janitorial supplies had been placed
in the building shortly before the fire which will require an emergency order of janitorial supplies. The
emergency is to demolish the building; there is an opportunity to rethink the footprint of the building.
Councilmember Teitzel asked whether there was any potential adverse effect on the insurance claim from
not putting the contract out for bid. Ms. Hite answered no, the insurance adjuster is recommending this
process and removal of the building. The insurance adjuster also recommended Belfor who they often
work with on municipal projects. Mr. Williams said it would not need to go out for bid as it likely would
be well within the limitations of using the roster process but that takes more time than an emergency
resolution.
COUNCIL PRESIDENT JOHNSON MOVED, SECONDED BY COUNCILMEMBER MESAROS,
TO APPROVE RESOLUTION 1361, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EDMONDS, WASHINGTON, FINDING THAT AN EMERGENCY EXISTS AND WAIVING
COMPETITIVE BIDDING REQUIREMENTS FOR PUBLIC WORKS TO ADDRESS DAMAGE
RESULTING FROM THE JUNE 8, 2016 FIRE AT CITY PARK. MOTION CARRIED
UNANIMOUSLY.
7. MAYOR'S COMMENTS
Mayor Earling commented Flag Day is always a joyous day in Edmonds, made more dramatic today by
the wind. Contrasting that is the recent tragedy in Orlando, Florida; the flag at City Hall will be at half -
mast by presidential decree through June 16.
Mayor Earling announced the Arts Festival kickoff tomorrow night for the patrons’ party and the festival
itself on Friday through Sunday. He encouraged Councilmembers to attend, noting had a peek at the
artwork on Sunday and it is stunning.
8. COUNCIL COMMENTS
Councilmember Nelson commented on the events in Orlando: The victims of this tragedy are not just a
number; they came from all over and represented the very best of America. They came from Florida,
Connecticut, South Carolina, New York, Michigan, Louisiana, Puerto Rico, Mexico, Dominican
Republic, Venezuela, Cuba; worked at UPS, McDonald’s, Starbucks, Calvin Klein, Disney World;
employed as a student financial aid counselor for veterans, an accountant in marketing, social worker,
general manager, sales associate, television producer, financial adviser, mental health counselor, several
college students, a restaurant owner, nurse, pharmacy technician, interior design student, computer
science student, a nursing student, an honor student, an aspiring sports journalist, a former US Army
captain, an actor and gospel singer, a father of three and a mother of eleven. His heart went out to the
families who lost loved ones, to those that survived and to the first responders who bore witness to this
tragedy. Words cannot express the selfishness of this attack and the anger he felt to the few who dare
threaten our way of life. To quote President Coolidge, “Little progress can be made by merely attempting
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to repress what is evil. Our great hope lies in developing what is good.” Councilmember Nelson’s hope
was Edmonds citizens stand with those who are developing good; tolerance, not intolerance; inclusion,
not exclusion; those who love, not hate our differences.
Councilmember Fraley-Monillas said after spending two weeks in Mexico, she was thankful for the
United States. Despite what occurred in Orlando, she was happy to live in the United States.
Councilmember Buckshnis asked for a moment of silence for Orlando.
Council President Johnson announced open houses next week:
Tuesday, June 21: Hazardous Mitigation Planning, 5:00 – 7:00 p.m. in the Library Plaza Room
Wednesday, June 22: Presentation on the new Waterfront Activity Center, 7:00 – 9:00 p.m. at the
Senior Center
Thursday, June 23: Civic Field Master Plan, 6:00 – 7:30 p.m. in the Library Plaza Room
Councilmember Teitzel echoed Councilmember Nelson’s remarks and thoughts about the tragedy in
Orlando. He has had a difficult time concentrating the last two days; the events weigh heavy on his heart,
realizing what a unthinkable, horrific tragedy it would be if that happened in this community.
Recognizing there are soft targets in Edmonds including schools and the Edmonds Center for the Arts and
events like the Taste of Edmonds, he suggested local security measures be evaluated to reduce the
potential for such an incident to happen. With a heavy heart, his thoughts are with those in Orlando.
Councilmember Mesaros said before June 14 was Flag Day, it was US Army Day commemorating the
Continental Congress’ creation of the United States Army in 1775. Remembering that date was one of the
qualifications for members of the Army.
Councilmember Mesaros thanked Councilmember Nelson for his comments regarding the tragedy in
Orlando. He relayed his son has visited Pulse while in Orlando for the entertainment but was glad he was
not there last Saturday night.
9. CONVENE IN EXECUTIVE SESSION REGARDING PENDING OR POTENTIAL LITIGATION
PER RCW 42.30.110(1)(i)
This item was not needed.
10. RECONVENE IN OPEN SESSION. POTENTIAL ACTION AS A RESULT OF MEETING IN
EXECUTIVE SESSION
This item was not needed.
11. ADJOURN
With no further business, the Council meeting was adjourned at 9:48 p.m.