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2008.01.15 CC Agenda Packet             AGENDA Edmonds City Council Council Chambers, Public Safety Complex 250 5th Ave. North, Edmonds ______________________________________________________________ January 15, 2008   6:45 p.m. - Interview Candidate for the Arts Commission     7:00 p.m. - Call to Order and Flag Salute   1.Approval of Agenda   2.Approval of Consent Agenda Items   A.Roll Call   B. AM-1349 Approval of City Council Meeting Minutes of January 8, 2008.   C. AM-1352 Approval of claim checks #101383 through #101579 for January 10, 2008 in the amount of $732,356.29.  Approval of payroll checks #46111 through #46127 dated January 10, 2008 in the amount of $4,882.09 for Police Department's uniform allowance.   D. AM-1343 Acknowledge receipt of Claims for Damages from Jeffrey Brown ($979.04), Marni Muir (amount undetermined), and Tami Herrick (amount undetermined).   E. AM-1346 Edmonds School District Broadband Agreement   F. AM-1348 Public Facilities District Contingent Loan Agreement   G. AM-1289 Report on final construction costs for the 2007 Street Overlay Program project and Council acceptance of project.   3. AM-1350 (5 Min) Confirmation of Arts Commission candidate Joanne Otness.   4. AM-1333 (45 Min) Public hearing on a proposed Ordinance adding a new Chapter 5.60, Graffiti, declaring graffiti a public nuisance, prohibiting defacement of property with graffiti and possession of graffiti implements with intent to deface, imposing criminal penalties; requiring the removal of graffiti; establishing an appeals process; establishing a graffiti fund.   5.Audience Comments (3 minute limit per person)   6. AM-1342 (15 Min) City Council discussion and potential direction regarding strategic planning.   7. AM-1344 (15 Min) City Council discussion and potential direction regarding the possible creation of some park/open space at waterfront property (Old Antique Mall).   8. AM-1345 (15 Min) City Council discussion and potential direction regarding audio tape recording the City Council Retreat.   9. AM-1305 (30 Min) City Council discussion and potential action regarding major intersections involving state highways.   10. AM-1351 City Council discussion and potential direction in regards to Council policy on boards and commissions Packet Page 1 of 188 10. AM-1351 (15 Min) City Council discussion and potential direction in regards to Council policy on boards and commissions interviews and voting at the same meeting.   11. (5 Min)Mayor's Comments   12. (15 Min)Council Comments   13.Adjourn     Packet Page 2 of 188 AM-1349 2.B. Approval of 01-08-08 City Council Meeting Minutes Edmonds City Council Meeting Date:01/15/2008 Submitted By:Sandy Chase Time: Department:City Clerk's Office Type:Action Review Committee: Action: Information Subject Title Approval of City Council Meeting Minutes of January 8, 2008. Recommendation from Mayor and Staff It is recommended that the City Council review and approve the draft minutes. Previous Council Action N/A Narrative Attached is a copy of the draft minutes. Fiscal Impact Attachments Link: 01-08-08 Draft Minutes Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 01/09/2008 01:38 PM APRV 2 Mayor Gary Haakenson 01/09/2008 01:41 PM APRV 3 Final Approval Sandy Chase 01/09/2008 01:49 PM APRV Form Started By: Sandy Chase  Started On: 01/09/2008 01:30 PM Final Approval Date: 01/09/2008 Packet Page 3 of 188 Edmonds City Council Draft Minutes January 8, 2008 Page 1 EDMONDS CITY COUNCIL DRAFT MINUTES January 8, 2008 The Edmonds City Council meeting was called to order at 7:00 p.m. by Mayor Haakenson in the Council Chambers, 250 5th Avenue North, Edmonds. The meeting was opened with the flag salute. ELECTED OFFICIALS PRESENT Gary Haakenson, Mayor Michael Plunkett, Council President Steve Bernheim, Councilmember Deanna Dawson, Councilmember Peggy Pritchard Olson, Councilmember Dave Orvis, Councilmember Ron Wambolt, Councilmember D.J. Wilson, Councilmember ALSO PRESENT Hilary Scheibert, Student Representative STAFF PRESENT Thomas Tomberg, Fire Chief Al Compaan, Police Chief Duane Bowman, Development Services Director Stephen Clifton, Community Services Director Debi Humann, Human Resources Manager Stephen Koho, Treatment Plant Manager Scott Snyder, City Attorney Sandy Chase, City Clerk Jana Spellman, Senior Executive Council Asst. Jeannie Dines, Recorder 1. ADMINISTRATION OF OATH OF OFFICE TO NEWLY ELECTED OFFICIALS Judge Thomas Ryan swore in Gary Haakenson as Mayor. Mayor Haakenson swore in Peggy Pritchard Olson to Council position 4 and D. J. Wilson to Council position 5. City Clerk Sandy Chase swore in Steve Bernheim to Council position 6 and Dave Orvis to Council position 7. 2. RECEPTION IN HONOR OF NEWLY ELECTED OFFICIALS Mayor Haakenson declared a 20 minute recess for a reception in honor of the newly elected officials. 3. APPROVAL OF AGENDA COUNCILMEMBER WAMBOLT MOVED, SECONDED BY COUNCILMEMBER PLUNKETT, TO APPROVE THE AGENDA IN CONTENT AND ORDER. MOTION CARRIED UNANIMOUSLY. 4. CONSENT AGENDA ITEMS Councilmember Plunkett requested Item F be removed from the Consent Agenda. COUNCILMEMBER DAWSON MOVED, SECONDED BY COUNCILMEMBER WAMBOLT, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: Packet Page 4 of 188 Edmonds City Council Draft Minutes January 8, 2008 Page 2 A. ROLL CALL B. APPROVAL OF CITY COUNCIL MEETING MINUTES OF DECEMBER 18, 2007. C. APPROVAL OF CLAIM CHECKS #101091 THROUGH #101208 FOR DECEMBER 20, 2007 IN THE AMOUNT OF $397,254.26; #101209 THROUGH #101304 FOR DECEMBER 27, 2007 IN THE AMOUNT OF $538,596.56; AND #101305 THROUGH #101382 FOR JANUARY 3, 2008 IN THE AMOUNT OF $189,999.73. APPROVAL OF PAYROLL DIRECT DEPOSITS AND CHECKS #46016 THROUGH #46062 FOR THE PERIOD OF DECEMBER 1 THROUGH DECEMBER 15, 2007 IN THE AMOUNT OF $834,225.09; AND #46063 THROUGH #46099 FOR THE PERIOD OF DECEMBER 16 THROUGH DECEMBER 31, 2007 IN THE AMOUNT OF $788,974.81. D. ACKNOWLEDGE RECEIPT OF CLAIMS FOR DAMAGES FROM TIM LUCAS ($90.49), AND DAVID CASWELL AND STEPHANIE EBEL-CASWELL ($6,000.00). E. CITY COUNCIL CONFIRMATION OF A COUNCIL APPOINTED MEMBER OF THE CITIZENS' COMMISSION ON COMPENSATION FOR ELECTED OFFICIALS. G. REPORT ON BIDS OPENED ON DECEMBER 18, 2007 FOR THE ELECTRICAL IMPROVEMENTS PROJECT AT THE WWTP AND AWARD TO EWING ELECTRIC, INC. FOR THE AMOUNT OF $79,184, INCLUDING SALES TAX. H. RESOLUTION NO. 1159 THANKING COUNCILMEMBER PEGGY PRITCHARD OLSON FOR HER SERVICE AS COUNCIL PRESIDENT ITEM F: REPORT ON FINAL CONSTRUCTION COSTS FOR THE MCC FEEDER INSTALLATION PROJECT AND COUNCIL ACCEPTANCE OF PROJECT Councilmember Plunkett asked staff for an explanation of this item. Wastewater Treatment Plant Manager Stephen Koho explained the purpose of the project was to increase the capacity of the electrical motor control center in one of the buildings of the treatment plant. Due to the way the treatment plant is situated, water must be pumped into and out of the plant. During an electrical engineering study, it was determined the electrical supply to the building was underpowered; therefore, additional conductors were pulled from that building to the main electrical switch. COUNCILMEMBER PLUNKETT MOVED, SECONDED BY COUNCILMEMBER OLSON, FOR APPROVAL OF ITEM F. MOTION CARRIED UNANIMOUSLY. 5. SELECTION OF COUNCIL PRESIDENT FOR 2008 Mayor Haakenson opened the floor for nominations. COUNCILMEMBER DAWSON NOMINATED MICHAEL PLUNKETT FOR THE POSITION OF COUNCIL PRESIDENT FOR 2008. COUNCILMEMBER ORVIS SECONDED THE NOMINATION. COUNCILMEMBER ORVIS MOVED, SECONDED BY COUNCILMEMBER WAMBOLT, TO CLOSE NOMINATIONS FOR THE POSITION OF COUNCIL PRESIDENT. MOTION CARRIED UNANIMOUSLY. Councilmember Dawson commented that Mr. Plunkett had served the longest of any Councilmember currently on the Council, had done a fine job as Council President in the past, was an extremely hardworking and diligent member of the Council and would serve the Council well as Council President for 2008. Packet Page 5 of 188 Edmonds City Council Draft Minutes January 8, 2008 Page 3 THE VOTE ON THE NOMINATION FOR MICHAEL PLUNKETT FOR THE POSITION OF COUNCIL PRESIDENT FOR 2008 CARRIED UNANIMOUSLY. 6. SELECTION OF COUNCIL PRESIDENT PRO TEM FOR 2008 Mayor Haakenson opened the floor for nominations. COUNCILMEMBER WAMBOLT NOMINATED DEANNA DAWSON FOR THE POSITION OF COUNCIL PRESIDENT PRO TEM FOR 2008. COUNCIL PRESIDENT PLUNKETT SECONDED THE NOMINATION. COUNCIL PRESIDENT PLUNKETT MOVED, SECONDED BY COUNCILMEMBER WAMBOLT, TO CLOSE NOMINATIONS FOR THE POSITION OF COUNCIL PRESIDENT PRO TEM. MOTION CARRIED UNANIMOUSLY. THE VOTE ON THE NOMINATION FOR DEANNA DAWSON AS COUNCIL PRESIDENT PRO TEM FOR 2008 CARRIED UNANIMOUSLY. 7. APPOINTMENT OF COMMITTEE REPRESENTATIVES Council President Plunkett read the following Committee appointments: Committee Representative Community Serv./Dev. Serv. Committee Peggy Councilmember Olson, D. J. Wilson Finance Committee Ron Wambolt, Dave Orvis Public Safety Deanna Dawson, Steve Bernheim Community Outreach Michael Plunkett, D. J. Wilson Community Technology Advisory Committee Ron Wambolt, Peggy Olson Community Transit Deanna Dawson, Steve Bernheim (Alt) Disability Board Deanna Dawson, Dave Orvis Downtown Edmonds Parking Michael Plunkett, Ron Wambolt Edmonds Economic Development Advisory Board Peggy Olson Economic Development Committee D. J. Wilson, Steve Bernheim Edmonds Crossing Project (Multimodal) D. J. Wilson Highway 99 Task Force Deanna Dawson, Ron Wambolt Historic Preservation Advisory Commission Michael Plunkett Long Range Task Force Ron Wambolt, Dave Orvis Lodging Tax Advisory Committee Michael Plunkett SnoCom Deanna Dawson PFD Oversight Committee D. J. Wilson Port of Edmonds Ron Wambolt Harbor Square Redevelopment Committee Ron Wambolt Snohomish County Econ. Dev. Board D. J. Wilson SeaShore Transportation Forum Deanna Dawson, Peggy Olson Snohomish County Health District Dave Orvis Snohomish County Tomorrow Peggy Olson, Steve Bernheim (Alt) South Snohomish Cities Peggy Olson, Steve Bernheim (Alt) Salmon Recovery - WRIA-8 Dave Orvis, Steve Bernheim (Alt) Council President Plunkett advised the appointments were made using Councilmembers’ priorities. If a Councilmember was interested in another committee, he suggested discussing a change with the appointed Councilmember. Packet Page 6 of 188 Edmonds City Council Draft Minutes January 8, 2008 Page 4 8. RESOLUTION APPOINTING A COUNCILMEMBER TO THE SNOHOMISH COUNTY HEALTH DISTRICT BOARD. COUNCIL PRESIDENT PLUNKETT MOVED, SECONDED BY COUNCILMEMBER OLSON, FOR APPROVAL OF RESOLUTION NO. 1160 APPOINTING DAVE ORVIS TO THE SNOHOMISH COUNTY HEALTH DISTRICT BOARD. Councilmember Dawson recalled Councilmember Orvis’ interest in a number of issues affecting the Health District and was pleased he would be participating on this Board. MOTION CARRIED UNANIMOUSLY. 9. RESOLUTION APPOINTING COUNCILMEMBERS TO THE SNOHOMISH COUNTY PUBLIC TRANSPORTATION BENEFIT AREA CORPORATION BOARD OF DIRECTORS COUNCIL PRESIDENT PLUNKETT MOVED, SECONDED BY COUNCILMEMBER OLSON, FOR APPROVAL OF RESOLUTION NO. 1161 APPOINTING DEANNA DAWSON AND STEVE BERNHEIM AS ALTERNATE TO THE SNOHOMISH COUNTY PUBLIC TRANSPORTATION BENEFIT AREA CORPORATION BOARD OF DIRECTORS. Councilmember Dawson commented there were nine members of the Community Transit Board; as currently configured, seven were city officials and two were Snohomish County Councilmembers. The two cities with populations above 30,000 (Edmonds and Lynnwood) had automatic seats on the Board, three were representatives from medium sized cities and two were representatives from small cities; not all cities had representation on the Board. Because Marysville’s population now exceeds 30,000, the January 17 Community Transit meeting will include discussion regarding amending the bylaws. She recommended Edmonds, Lynnwood and Marysville as cities with large population bases have representatives on the Community Transit Board. She urged Councilmembers to contact other city officials to express the importance of Edmonds continuing to have representation on the Community Transit Board. MOTION CARRIED UNANIMOUSLY. 10. CITY OF EDMONDS 2008 LEGISLATIVE AGENDA Community Services Director/Acting Economic Development Director Stephen Clifton recalled on November 27, 2007 the City’s contracted lobbyist, Mike Doubleday, presented the proposed Edmonds 2008 legislative agenda. Following questions/answers, the Council chose to wait until the 2008 City Council was in place to take action on the agenda. Lobbyist Mike Doubleday explained the 2008 Legislative session would be a short 60 day session beginning on January 14 and extending until mid-March. He anticipated few major issues would arise during this session; one large issue would be funding for the 520 bridge. He reviewed the top priorities on the proposed City of Edmonds 2008 State Legislative Agenda: 1. Transportation Funding - seek additional funding commitments for the Edmonds Crossing Multimodal terminal. He commented although it was unlikely there would be much new transportation funding, this was included to keep the Edmonds Crossing in front of legislators due to the $120 million in the RTID that was not approved by voters. 2. Cable Franchising - oppose legislation that promotes or allows state takeovers of local franchising authority. Support maintaining the current requirement for providers to secure local franchise agreements. He recalled a proposal by the industry last year to make cable a state versus a local franchise. He anticipated this issue would return in 2008. Packet Page 7 of 188 Edmonds City Council Draft Minutes January 8, 2008 Page 5 3. Shell Valley Community Emergency Access Road Funding - seek funding for the Shell Valley community emergency access road. He commented limited capital funds were available this session. Mr. Doubleday commented on several of the following support issues: 1. Transportation Ferry Study - monitor the work of the Ferry System Review Phase II Task Force to follow the ferry terminal discussions. He noted the study due at the end of 2008 would determine the future of terminals and ferry loads. 2. Regional Transportation Governance - monitor legislation to realign regional transportation governance and seek a voice and a vote for Edmonds or south Snohomish County if regional transportation governance moves forward. He noted this was on the legislative agenda last year as well. With the failure of Proposition 1, he anticipated there would be another attempt to consolidate regional transportation agencies. 3. Phase II Stormwater Funding - seek additional state funding for cities that must meet Phase II stormwater requirements. 4. Public Records Exemption - monitor legislation that would amend the Public Records Act to reduce the number of public records exempted from disclosure. 5. Taping Local Government Executive Sessions - monitor legislation requiring local governments to tape executive sessions. He planned to monitor this issue and would not take a position until a bill was introduced. He explained the proposed bill would require taping of Executive Session and retention of the tapes for two years, with disclosure by court order. 6. Infrastructure Financing - seek improved infrastructure financing options from the state. . 7. Climate Change - support legislation that collaboratively addresses climate change without a mandate on local governments. He explained there were a number of proposals for cities over 30,000 to amend the GMA to mandate cities to plan for climate change and eventually require emissions from city facilities be reduced to 1990 levels. He noted most cities did not want to be mandated. 8. Puget Sound Partnership - monitor efforts of the Puget Sound Partnership in their mission to restore a healthy Puget Sound. 9. Affordable Housing - monitor the affordable housing issue and support an incentive-based approach for cities to meet their affordable housing goals. He anticipated a number of affordable housing bills would be proposed during this session. 10. Snohomish County Emergency Radio System (SERS) - support SERS’ efforts to seek funding to switch the Granite Falls emergency communications radio site from generator power to commercial power. 11. Washington State Arts Commission Funding - monitor Washington State Arts funding supplemental budget activities. Councilmember Dawson pointed out the City’s legislative agenda did not include monitoring the issue of a 4-year college in Snohomish County. She was interested in expressing support for funding for a 4-year college in Snohomish County regardless of whether the parties could agree on the site due to the importance of a 4-year college to the region. She referred to recent comments by Governor Gregoire that funding would not be included in the budget if the parties could not agree on a location. Council President Plunkett expressed his intent to make an amendment to change monitoring of the taping of local government Executive Sessions to support. He noted on several issues including the taping of Packet Page 8 of 188 Edmonds City Council Draft Minutes January 8, 2008 Page 6 Executive Sessions, bills had not yet been presented. He asked if Mr. Doubleday would report to the Council on any unintended consequences once a bill was proposed. Mr. Doubleday assured he would describe the issues, potential problem, politics involved, etc. Councilmember Wilson commented on his interest in the water quality of Lake Ballinger, noting several of the agenda items addressed that issue. He asked whether bodies of water that did not drain to Puget Sound would be addressed via the Puget Sound Partnership. Mr. Doubleday responded it was uncertain whether any action related to the Puget Sound Partnership would occur in this session. He encouraged anyone interested in that effort to get involved, anticipating there would be a revenue package in 2009. Councilmember Wilson asked Mr. Doubleday to inform the Council of any opportunities to be involved. Councilmember Wilson referred to the Climate Change agenda item, asking whether there were incentives as well as mandates. Mr. Doubleday responded the Futurewise bill was a mandate and he did not recall that any incentives were included. He offered to provide a website where further information was available. Councilmember Bernheim referred to the Climate Change agenda item and asked what local government mandates Mr. Doubleday was recommending the City not support. Mr. Doubleday answered this was a policy position; the mandate in the Futurewise bill would require cities to have a climate change element in the GMA and reduce emissions to 1990 levels. He noted cities tend to be leading the climate change effort and there was some sense that mandating would stifle creativity. He summarized cities in general did not support mandates. Mayor Haakenson explained the Governor’s Climate Change Committee’s 90 page report was reviewed by the City’s Climate Change Committee who prepared a 4-5 page recommendation that will be provided to the Council and Mr. Doubleday later this week. Mr. Doubleday advised the recommendations made by the Governor’s Climate Change Committee would not be formally presented to the Governor until next month. With regard to the taping of Executive Sessions, Councilmember Dawson acknowledged a number of cities were concerned with this and the County Association voted to oppose this legislation. She questioned why this would be included on Edmonds’ legislative agenda when Edmonds already kept minutes of their Executive Sessions which complied with the spirit of this legislation. Mr. Doubleday responded he included monitoring of the issue because he was uncertain the position the Council wanted to take. City Clerk Sandy Chase clarified the City did not currently tape Executive Session; she took notes during the Executive Session and prepared brief minutes. Mr. Doubleday explained the Attorney General was expected to introduce a bill that required taping of Executive Sessions; the audio tapes would then be retained for two years and during the two-year period, the tapes could only be disclosed by court order. Councilmember Dawson noted the concern expressed by other cities and counties was people could not be as candid in Executive Session if they were taped. Edmonds already keeps minutes and taping was not personally a concern to her. COUNCIL PRESIDENT PLUNKETT MOVED, SECONDED BY COUNCILMEMBER WAMBOLT, FOR APPROVAL OF THE EDMONDS 2008 LEGISLATIVE AGENDA. COUNCILMEMBER DAWSON MOVED, SECONDED BY COUNCILMEMBER ORVIS, TO ADD TO THE LEGISLATIVE AGENDA THE CITY’S SUPPORT FOR FUNDING FOR A 4- YEAR COLLEGE IN SNOHOMISH COUNTY. MOTION CARRIED UNANIMOUSLY. Packet Page 9 of 188 Edmonds City Council Draft Minutes January 8, 2008 Page 7 Councilmember Dawson read the following email she sent to Councilmembers, the Mayor and Mr. Doubleday this afternoon: As noted in the draft legislative agenda in tonight's packet, there will be a number of issues relating to affordable housing being addressed by the legislature this year. And as noted in tonight's packet, there will be bills proposed that could have an impact on cities and their growth targets. I agree that we ought to keep an eye on these proposals in order to ensure that cities like Edmonds do not have more growth thrust upon them than can be accommodated. At the same time, I would suggest that there are many proposals related to affordable housing that will be coming forth this year that we ought to not simply monitor, but also support. Edmonds is a highly desirable place to live, and as a result housing prices have dramatically escalated in recent years. This has put a burden on many of our residents, particularly our working families, and our seniors. We as a city ought to support legislation that will help to ease this burden for our working families, seniors, as well as the most vulnerable members of our society. Too often, homelessness is viewed as a problem that exists "somewhere else." But on any given night in Snohomish County, approximately 2500 people are homeless. Affordable housing and homelessness are critical issues facing our community. To that end, I hope you will consider adding support for the following items to our legislative agenda: Affordable Housing Agenda: 1) $100 Million Increase to the Housing Trust Fund - The State's Housing Trust Fund is currently funded at $130 million. This fund is the State's primary source of funding for housing and homelessness, and supports the construction, acquisition or rehabilitation of affordable homes. The Washington Low Income Housing Alliance recommends that the State invest an additional $1 billion in the Housing Trust Fund between 2008 and 2015 in order to assist in providing affordable housing to working families, and ending homelessness. In 2008, the State should add $100 million to the fund, and provide new operating subsidies to ensure that Trust Fund units can serve those most in need. 2) Invest $8 million for the Washington Families Fund to Provide Needed Supportive Services to Families in Need - While providing additional affordable housing units is key, for some families housing alone is not sufficient. The Washington Families Fund (WFF) was established by the Legislature in 2004, and is a public-private partnership supporting service-enriched housing for homeless families. The Legislature invested $6 million through 2006, matched by nearly $7 million in funds from private donors, including the Bill & Melinda Gates Foundation.. The Legislature should sustain and expand this program with $8 million in funding in order to provide the services necessary to make homeless families self-sufficient. 3) Preservation of Manufactured Housing Communities - Numerous manufactured housing communities throughout Snohomish County are in danger of closure, putting Snohomish County residents (primarily seniors) at risk of becoming homeless. The State should create a package of tax incentives to encourage park owners to sell their park to a qualified nonprofit or housing authority, preserving a critical affordable housing choice. (See House Bill 1621, proposed in 2007 by Rep. Brian Sullivan) 4) Increase the State's Transitional Housing Operating and Rent (THOR) Program By $10 Million to $15 Million - THOR provides transitional housing and rent assistance to homeless families with children. This proposed increase in funding will allow program eligibility to expand to individuals, homeless families without children, and those on the verge of becoming homeless. The program provides services in addition to housing to allow individuals to transition to permanent housing and Packet Page 10 of 188 Edmonds City Council Draft Minutes January 8, 2008 Page 8 become self-sufficient, including parenting classes, education, treatment, job training, and financial literacy programs. 5) Support Legislation to Mitigate Impacts of Condominium Conversions - House Bill 2014, proposed in 2007 by Rep. Chase, is expected to be reintroduced in 2008. This bill extends the notification requirement from 90 to120 days to tenants to be affected by a condominium conversion, authorizes a city or county government to require a condominium conversion declarant to pay relocation assistance to low-income tenants in an amount to be determined by the city or county, but not to exceed three months of a tenant's rent, and prohibits interior construction related to the conversion of condominiums during the 120-day notice period unless a building is vacant or unless the declarant meets specific requirements. 6) Support Legislation under development to support: Financial Counseling for Homeownership and Foreclosure Prevention, Ending Predatory and Deceptive Mortgage Lending Practices, and Increasing the Debt Limit for the Washington State Housing Finance Commission's Tax Exempt Bond Program. Councilmember Dawson commented if the Council was not comfortable with supporting these exact proposals, she asked that the Council consider supporting the general concept of increased funding for affordable housing services, legislation preserving housing choices including manufactured housing, mitigating the impacts of condominium conversions and programs that support financial literacy to enable homeownership, preventing foreclosure, ending predatory mortgage lending and increasing the debt limit for the Washington State Housing Finance Commission’s Tax Exempt Bond Program. COUNCILMEMBER DAWSON MOVED, SECONDED BY COUNCILMEMBER BERNHEIM, TO ADD SUPPORT FOR INCREASED FUNDING FOR AFFORDABLE HOUSING SERVICES, LEGISLATION PRESERVING HOUSING CHOICES INCLUDING MANUFACTURED HOUSING, MITIGATING THE IMPACTS OF CONDOMINIUM CONVERSIONS AND PROGRAMS THAT SUPPORT FINANCIAL LITERACY TO ENABLE HOMEOWNERSHIP, PREVENTING FORECLOSURE, ENDING PREDATORY MORTGAGE LENDING AND INCREASING THE DEBT LIMIT FOR THE WASHINGTON STATE HOUSING FINANCE COMMISSION’S TAX EXEMPT BOND PROGRAM. Councilmember Wambolt asked where these items originated. Councilmember Dawson explained a number of them had been supported by the Washington Low Income Housing Alliance although she did not include their entire legislative agenda. The items she listed above were non-controversial and would support affordable housing and preventing homelessness in the community. She noted some of the funding was included in the Governor’s budget. Councilmember Wambolt suggested Mr. Doubleday monitor these issues and contact the Council when support was needed. Councilmember Dawson offered to amend her motion to monitor these items and express support at the appropriate time. Council President Plunkett agreed with supporting affordable housing, however, it was difficult to express support for the specifics without an opportunity to review them. He was more comfortable with Council monitoring an affirmative affordable housing statement and asking Mr. Doubleday to monitor the specific bills Councilmember Dawson identified subject to future support. Councilmember Olson agreed with Councilmember Dawson’s suggestion to monitor the issues and express support as bills came forward. Councilmember Wilson expressed support for the general principles. He asked whether a homeless census had ever been done in Edmonds. Councilmember Dawson advised a point-in-time-count of homeless individuals in Snohomish County would be conducted on January 24. Staff displayed a flyer Packet Page 11 of 188 Edmonds City Council Draft Minutes January 8, 2008 Page 9 regarding that effort and Councilmember Dawson encouraged Councilmembers and the public to volunteer. She noted the count could be broken into more discreet areas. She assured there were homeless individuals living in South Snohomish County and in Edmonds in particular. Councilmember Dawson restated her motion as follows: THE COUNCIL EXPRESSES SUPPORT FOR LEGISLATION TO PRESERVE AFFORDABLE HOUSING AND PREVENT HOMELESSNESS AND MONITOR THE SPECIFICS MENTIONED IN HER EMAIL. MOTION CARRIED UNANIMOUSLY. With regard to taping of Executive Sessions, Council President Plunkett pointed out most cities did not keep minutes of Executive Session such as Edmonds did, therefore the public had no recourse to determine whether the Council was in Executive Session legally. He noted there were only specific topics the Council could discuss in Executive Session; in his 11 years on the Council, the Council had adhered to those rules. The legislation the Attorney General planned to propose would require tapes be retained for two years and anytime within the two years, a member of the public with a question about an Executive Session could request a judge reveal the content of the taped Executive Session. He favored open government and citizen access and expressed interest in supporting legislation for taping of local government Executive Sessions versus only monitoring legislation. He did not agree with those who felt it would be difficult to speak candidly if Executive Sessions were recorded. Councilmember Dawson commented her understanding of the bill was a court order would not allow examination of a tape to determine whether an Executive Session was appropriate. City Attorney Scott Snyder explained the primary intent was as a discovery tool for someone bringing an open meetings violation charge. The City already went far beyond what State law required including placing the minutes of an Executive Session in a public file when the reason for the Executive Session was passed. Councilmember Dawson asked under what circumstances a judge would review or could order the release of Executive Session tapes. Mr. Doubleday answered the legislation had not yet been proposed. Councilmember Dawson did not disagree with Council President Plunkett’s support of fair and open government but until the Council had an opportunity to review the legislation, she preferred to monitor the issue. She did not want Edmonds to support the AWC’s position of opposing the legislation. Council President Plunkett pointed out Edmonds kept summary minutes of Executive Session, they were not taped which was a big difference. He noted one of the reasons for proposing the legislation was there have been political entities for which citizens have wanted to pursue the discovery process but because the Executive Sessions were not taped, that discovery was not available. He recalled originally the City planned to oppose this legislation and AWC wanted municipalities to oppose taping of Executive Sessions. He was satisfied with monitoring the issue until the legislation was proposed. Councilmember Orvis did not object to recording Executive Session, commenting he viewed Executive Sessions as a public meeting where the public’s access to the information was delayed for legal reasons. Councilmember Dawson asked whether the Edmonds Council could begin recording its Executive Sessions. She suggested that be discussed at the retreat. Councilmember Wilson asked the original intent of Executive Sessions and what role the City Attorney played. Mr. Snyder answered there were limited grounds authorized by State statute for Executive Sessions: labor negotiations, provision of legal advice regarding pending or threatened litigation, and purchase of real estate. He noted the current Attorney General’s key issues are public record and open meetings. Councilmember Wilson asked what type of advice the City Attorney provided in Executive Packet Page 12 of 188 Edmonds City Council Draft Minutes January 8, 2008 Page 10 Session. Mr. Snyder answered his practice was to provide the majority of his advice in the public record because he felt it was always better that the public understand the Council’s legal choices unless it was in regard to actual litigation or a practice of the City that could lead to liability. Because there were limited reasons for holding an Executive Session, Councilmember Wilson did not support legislation that would force other cities to conduct Executive Sessions in a different manner particularly with regard to attorney-client privilege. Councilmember Dawson clarified the intent was not to eliminate Executive Sessions but to allow a judge to release relevant portions of a tape in response to a challenge. Mr. Snyder advised he had reviewed the Attorney General’s proposed legislation via the Washington State Association of Municipal Attorneys and it was designed to create and preserve evidence for open public meeting lawsuits. A judge would review the tapes to determine whether they would be admissible. He noted it was common for attorneys to have a judge determine what evidence was admissible. He summarized the legislation would not make tapes available to the public outside a lawsuit but allowed for the creation and preservation of evidence. Council President Plunkett advised he planned to propose in the future that the Edmonds City Council begin taping Executive Sessions. It was the consensus of the Council to retain the wording in the proposed 2008 legislative agenda (monitor legislation requiring local governments to tape executive sessions). COUNCILMEMBER BERNHEIM MOVED, SECONDED BY COUNCILMEMBER DAWSON, TO DELETE “WITHOUT A MANDATE ON LOCAL GOVERNMENTS” FROM THE RECOMMENDATION REGARDING CLIMATE CHANGE. Councilmember Wambolt asked the intent of including “without a mandate on local government.” Mr. Doubleday answered the intent was to be positive with regard to climate change legislation but avoid mandates. He anticipated there would be numerous bills proposed with regard to climate change. Mayor Haakenson commented his concern was unfunded mandates. Councilmember Dawson spoke in favor of monitoring legislation that collaboratively addressed climate change, suggesting Mr. Doubleday update the Council with regard to specific bills and any mandates. The Council could then consider opposing onerous/unfunded mandates. Councilmember Orvis commented the key word in this item was “collaboratively.” MOTION CARRIED UNANIMOUSLY. VOTE ON THE MAIN MOTION MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY. Councilmember Wilson encouraged Mr. Doubleday to inform the Council as opportunities arose where local support may be helpful. Councilmember Wilson suggested Mayor Haakenson write to the Governor and area legislators in support of a 4-year university in Snohomish County. Mayor Haakenson agreed. Councilmember Dawson commented the Council has supported a 4-year university in the past; it may be appropriate for the Council to adopt another resolution in support of funding a 4-year university even if the parties were unable to agree on the location. Councilmember Wilson and Councilmember Dawson offered to develop a resolution for Council consideration. Packet Page 13 of 188 Edmonds City Council Draft Minutes January 8, 2008 Page 11 11. AUDIENCE COMMENTS Roger Hertrich, Edmonds, was encouraged by the Council’s dialogue regarding the 2008 legislative agenda, anticipating the Council would give more thought to issues and work together this year. He relayed concern with the Architectural Design Board (ADB); either they had not been taught how to do their job properly or they did not understand their role and/or staff was not doing their job. He recalled a recent incident where it was the public who pointed out errors in the staff report regarding a building’s height. He pointed out one of the problems was the ADB made their recommendation based on the staff report rather than processing the application through each section of the code. Another issue was the information considered by the ADB was not complete enough, for example building elevations were not required. He urged the Council to determine what the problems were with the ADB, whether it was better training, different procedures, more specific requirements, etc. so that the Council could do its job and avoid appeals. Brian Larman, Edmonds, expressed concern with the rate at which large multi family buildings were replacing the smaller individual homes that defined the character of Edmonds. He commented on a recent ADB meeting where the Board considered a 3-unit condominium on a lot that currently contained one single family home. Although he was initially encouraged by the Board’s discussion regarding the garage doors, building materials and a portion of the building overhanging the sidewalk, once the builder remarked they were behind schedule, the ADB almost immediately stopped their discussion and approved the project with what appeared to be significant issues remaining. He was concerned with the adequacy of the ADB’s review and requested the City Council review the ADB’s procedures/processes and be more aware of how the Board conducted its business, ensure members had the necessary qualifications and effectively conducted their review to ensure projects met the City’s codes. Elisabeth Larman, Edmonds, recommended all members of the ADB reside within the City limits, noting there were enough talented, interested residents to fill all positions. She objected to people living outside Edmonds approving building in Edmonds. She recommended the ADB members be reminded that all codes and guidelines must be followed which would protect the City from poor building practices. She recommended ADB members visit the proposed site, follow the rules and have the courage to cast dissenting votes when appropriate. She recalled an ADB meeting two years ago where the past Chairman claimed the ADB was in place to serve the developers, commenting unfortunately that was still the way the ADB behaved. She also recommended ADB and Planning Board meetings be televised to provide citizens access to meetings. She was concerned that at their last meeting the ADB gave the City three more garage doors just off the sidewalk and eliminated two parking spaces, stating it was becoming more dangerous to walk on the City’s sidewalks due to curb cuts that created uneven terrain and vehicles exiting garages. She was also concerned with landscaping that was being replaced by concrete. She recommended the codes with regard to multi family, which were 27 years old, be reassessed with regard to the City’s needs. Councilmember Wambolt advised he had asked for items to be scheduled on the Council’s retreat agenda that would address the issues posed by the public including 1) review and Council oversight of the ADB and Planning Board, and 2) review the multi family zoning code. Mayor Haakenson declared a brief recess. 12. CITY ATTORNEY BRIEFING ON THE APPEARANCE OF FAIRNESS DOCTRINE Councilmember Wambolt requested City Attorney Scott Snyder also address the waterfront in his discussion. Packet Page 14 of 188 Edmonds City Council Draft Minutes January 8, 2008 Page 12 Mr. Snyder explained the intent of this item was to inform the Council as well as assist the public in understanding the difficulties the Council faced responding to questions regarding quasi judicial matters. He explained these matters were very fact dependent and he encouraged the Council to contact him with any questions. With regard to open public meetings, Mr. Snyder explained the Open Public Meeting Act required that no action be taken unless at a duly called meeting. He provided a definition of action, the transaction of the official business of a public agency by a governing body, including, but not limited to, receipt of public testimony, deliberations, reviews, evaluations, and final actions (votes). He summarized the public had the right to hear Councilmembers debate an issue. He explained the Council’s discussion could either be on legislative or quasi judicial matters. A quasi judicial matter was typically an issue between two contested parties, appeals that the Council hears. As long as the Council retained the final decision-making authority on certain land use appeals as well as site specific rezones which the Council was required by State law to conduct, the Council would continue to deal with the concept of quasi judicial. In a quasi judicial matter, the Council was limited to consideration of the record of the proceeding. Therefore if a citizen called a Councilmember to discuss a pending quasi judicial matter/application, the Councilmember could not talk with the citizen as it constituted an ex parte communication. If the Council received a telephone call, email or letter inadvertently, the Councilmember must reveal the contact on the record so that the other parties had an opportunity to rebut the information. Although an ex parte communication could be cleared by disclosing it, a legal problem could arise if information provided to the Council was outside the record. Mr. Snyder advised the matter of virtual meetings arose for both quasi judicial and legislative matters. He described a situation where a citizen sent an email to the Council and a Councilmember “Replied All” which may result in the Council debating an issue outside the record of the proceeding. A quorum of Councilmembers (four or more members) participating in serial phone calls or round-robin email exchange of information was a violation of the Open Public Meeting Act as the Council was deliberating outside the public record. He clarified a Councilmember could share information with other Councilmembers particularly on legislative matters without the expectation of a reply. He cautioned the Council about back-and-forth responses between four or more Councilmembers. With regard to the waterfront development, Mr. Snyder advised any decision regarding the rezoning of that property was a legislative matter and the Council was free to consider a wide variety of information including their own personal knowledge and information they may gather elsewhere. The Council was free to share information with other Councilmembers but four or more Councilmembers could not enter into a discussion outside the record. He cautioned the Council against vetting a new proposal by polling fellow Councilmembers; a Councilmember could talk to 1-2 others but once four were involved it would be considered an illegal meeting. He summarized the public had the right to hear the Council’s discussions. He advised the penalty for a Councilmember knowingly participating in an illegal meeting was subject to personal liability in the form of a civil penalty in the amount of $100 and the Councilmember could be subject to recall.. Mr. Snyder explained the definition of Appearance of Fairness was whether a disinterested person, apprised of the totality of a member’s personal interest or involvement be reasonably justified in thinking the involvement might affect the member’s judgment. He explained it was intended to be an objective standard; what a member of the audience might think, not what the Councilmember knew to be true. For example if a Councilmember owned a house across the street from property to be rezoned, what would a disinterested person think about the Councilmember’s judgment? Mr. Snyder explained neither the Council nor the Mayor as chair made the decision whether a Councilmember recused themselves under the Appearance of Fairness Doctrine. If someone challenged a Councilmember, he could advise the Councilmember, the Council could weight in, but the Councilmember themselves decided whether to step down; the Appearance of Fairness Doctrine had no provision for removal. Packet Page 15 of 188 Edmonds City Council Draft Minutes January 8, 2008 Page 13 Mr. Snyder provided typical examples of quasi judicial matters including subdivision approval, rezones and on-record appeals. Quasi judicial actions did not include Comprehensive Plan adoption or general zoning code amendments which were legislative actions. He noted no person could be disqualified by the Appearance of Fairness Doctrine for conducting the business of his/her office with any constituent on any matter other than a quasi judicial action. He noted although development of the waterfront may result in an application to the Council, pending the presentation of an application to the City, the issues would be legislative. To that extent the Council was acting as a legislative body and could discuss the matter freely with anyone outside a meeting other than with three or more members of the Council. Once an issue became quasi judicial, the Council was limited to the record of the lower proceeding such as the Hearing Examiner. In that instance the Council could not discuss issues with citizens. If a Councilmember received information, the information and the source would need to be disclosed. Mr. Snyder advised some Appearance of Fairness Doctrine issues could be cured, for example an ex parte communication could be revealed or if four members of the Council were disqualified, destroying the quorum, all may participate. Things that could not be cured were prejudgment and personal bias or judgment. He noted statements made in the course of a Council candidate’s campaign were not the subject of prejudgemental bias. He clarified this applied to a campaign for a candidate not running for reelection; a Councilmember who made statements during a campaign that reflected prejudgmental bias could lose their ability to participate. Mr. Snyder explained memberships in organizations could be the subject of an Appearance of Fairness challenge if topics were discussed and positions taken at a meeting. His preference was that Councilmembers not attend public meetings regarding pending applications that were in the appellate process because they could obtain information outside the record and attendance at a forum could be the basis for objection. He noted homeownership could also make a Councilmember subject to challenge; for example, a Councilmember who lived across the street from a project. With regard to conflicts, Mr. Snyder advised Councilmembers may not disclose confidential information they receive in an Executive Session. Councilmembers may not use their position to secure special privileges or exemptions for himself or others. A Councilmember may not directly or indirectly receive or agree to receive any compensation, gift, reward or gratuity for a matter connected with his/her official duties. He noted the receipt of any compensation, gift, reward or gratuity also extended to public employees. Mr. Snyder reviewed the procedures for conducting hearings: • The Chair announces the subject matter and asks for any Appearance of Fairness disclosures and challenges. He reiterated if challenged, the individual Councilmember made the decision whether to recuse themselves. The Mayor’s statement regarding Councilmembers’ participation was due to the Appearance of Fairness Doctrine’s requirement that for a challenge to be upheld, it must be made at the earliest opportunity. • The Chair announces the process and timelines. • Presentations are made and public comment taken. He recalled the Council had discussed in the past whether to continue to accept oral argument or to require written argument. He noted attorneys preferred written argument because it could be reviewed to ensure there was nothing outside the record. However, requiring written argument strongly favored those experienced in the process and placed the average citizen at a disadvantage. • Following public comment, the public portion of the hearing was closed and the Council deliberates. He cautioned Councilmembers that their decision in a quasi judicial action was on the record and their decision must be based on information in the record. He recommended Councilmembers not ask questions that could not be answered by information in the record. • The Council then takes action and staff prepares findings and conclusions for Council adoption. Packet Page 16 of 188 Edmonds City Council Draft Minutes January 8, 2008 Page 14 Mr. Snyder explained the Land Use Petition Act and GMA require the Council to adopt written findings of fact and conclusions of law. He referred to Mr. Hertrich’s comment regarding the ADB’s adoption of staff’s findings implying that was a bad thing. He noted City boards often adopted findings of fact and conclusions via the staff report as the staff reports were structured to include all the decision criteria and adoption of the staff report avoids a delay between the decision and the Board’s next meeting. He acknowledged Mr. Hertrich’s point was the staff report was incorrect, noting any inaccuracies could be corrected in a motion. Mr. Snyder explained Executive Sessions were intended for discussion with legal counsel representing the agency concerning matters such as enforcement actions, or to discuss with legal counsel litigation to which the agency, the governing body, or member acting in an official capacity is or is likely to become a party, when public knowledge regarding the discussion is likely to result in an adverse legal or financial consequence to the agency. This also includes discussion with legal counsel of legal risks of a proposed action or current practice when public discussion is likely to result in an adverse legal or financial consequence. He noted it was rare during a public hearing for him to request an Executive Session to discussion an issue; his preference was to give legal advice regarding options in an open meeting. Council President Plunkett observed until an application for a rezone was submitted for the waterfront property, Councilmembers were free to discuss and have opinions and positions. He asked whether those positions/discussions could be held against the Councilmember once an application was submitted. Mr. Snyder answered legislative issues could not be prejudged. For example, legislatively determining building heights in a particular zone was not a quasi judicial decision; determining ordinance content under which an application would be considered was not quasi judicial. In that instance, Councilmembers were free to state opinions regarding the appropriate density, height, etc. He cautioned a Councilmember about stating an opinion with regard to a specific application, development of specific tracts of land/properties, action by individual developers, etc. He urged the Council to discuss development in a general context and avoid prejudging issues via statements regarding individual properties. He acknowledged there may be some overlap when discussing development of an area as limited in scope as the waterfront. He summarized Councilmembers should feel free to discuss the attributes of current or proposed ordinances/regulations and avoid specific discussion of projects, property and developments. Council President Plunkett observed if a Councilmember’s comments were too specific, when a matter became quasi judicial, their comments could be held against them. Mr. Snyder agreed and provided examples of the type of comments to avoid. He encouraged Councilmembers to relate their comments to the Comprehensive Plan and the general needs of the community versus the impact on a specific intersection. Council President Plunkett pointed out the Appearance of Fairness applied only to quasi judicial matters. Mr. Snyder agreed, noting as legislators Councilmembers could consider their experience, comments of friends, etc. in their decision. Conversely in a quasi judicial matter, facts a Councilmember knew that were not in the record of the proceeding could not be considered in their decision. He noted it was the applicant and appellant’s responsibility to ensure adequate information was included in the Hearing Examiner or appropriate Board’s record. Citizens have the ability to participate in the process but it was important to participate at the open public hearing to ensure the record contained the information necessary to make a decision and not wait for the Council’s closed record review. He advised staff was working on revisions to the City’s hearing chapter, Title 20. The changes were being reviewed by the Planning Board and would be forwarded to the Council soon. Councilmember Orvis commented even if a Councilmember made the decision whether to recuse themselves, if they participated when there was a clear violation of the Appearance of Fairness Doctrine, Packet Page 17 of 188 Edmonds City Council Draft Minutes January 8, 2008 Page 15 the decision could be overturned and could have dire consequences to the City. Mr. Snyder agreed there was a great deal of accountability. Councilmember Orvis questioned whether the Council should totally avoid discussing the waterfront with citizens. Mr. Snyder pointed out the need for a reasonable public debate of issues. He explained Council action on any aspect of development occurred in the Council Chambers. At issue were conversations a Councilmember may have with people interested in the site; in that context he encouraged the Council to discuss it in terms of the Comprehensive Plan and the general benefit to the City. He noted the Council had the ability to request reports, engage experts, or have information provided via staff; there were ways for the Council to be proactive regarding the acquisition of information and the making of an appropriate record. Mayor Haakenson asked if Councilmembers could talk about building height. Mr. Snyder answered certainly. Mayor Haakenson pointed out a contract rezone of the site would require different building heights. Mr. Snyder answered a contract rezone could reduce or place limitations on what a zone provides, it could not expand the rights provided in the zone. If there was a 25 foot building height and a developer wanted to convince the Council to allow 30 foot building heights, as a legislative matter, the Council could discuss any aspect of that other than a specific application. Mayor Haakenson asked what the Council could discuss if there was a rumor that there was interest in increasing building heights via a contract rezone. Mr. Snyder reiterated contract rezones could not expand zoning rights; they were a way for a developer to propose a rezone such as the Hwy. 99 node with unlimited height in exchange for certain things. He summarized additional building heights could not be achieved via a contract rezone. Mayor Haakenson asked what the Council could discuss before any application was submitted if there was a rumor that a developer wanted to propose a contract rezone to build taller buildings and in turn do certain things,. Mr. Snyder advised a developer would first need to propose a legislative change to increase the height in the zone. Councilmember Dawson asked if a Councilmember who knew there was a rumor that a development would be proposed, could make a statement regarding whether or not he would approve it. Mr. Snyder advised a comment such as “I would never vote to increase the height in the zone” was appropriate. A comment such as “I would never approve an application for a building built by a certain developer” was prejudgmental bias. Councilmember Dawson asked whether a Councilmember making a comment that they thought a certain request was wonderful or they would never approve such a request was appropriate. And if after an application was submitted, that Councilmember would be in danger on the quasi judicial rezone because of their comments. Mr. Snyder answered the legally appropriate answer for a Councilmember to give the public was “I would never vote for an ordinance that would increase the height; if that law were passed, I would apply it fairly in a quasi judicial capacity based on the ordinance.” Councilmember Dawson noted that had occurred in the past; a Councilmember voted against the creation of a zone and later found themselves considering an application that utilized the zone. Mr. Snyder agreed as legislators the Council had broad discretion to adopt a wide variety of approaches. Once an ordinance was adopted and an application made, the Council was constrained to apply the ordinance criteria based on the evidence presented. With regard to the Council creating its own record, Councilmember Dawson acknowledged the danger of relying on a record created by others. She noted there were issues upon which considerable amounts of money were being spent such as expansion of Paine Field. She noted moneyed interests could create a Packet Page 18 of 188 Edmonds City Council Draft Minutes January 8, 2008 Page 16 record that was unrebutted. She asked what limits the Council had with regard to developing their own record to avoid the appearance of creating a record that was set up to fail in a future quasi judicial proceeding. Mr. Snyder answered hiring an independent expert to evaluate the economic consequences of certain actions was appropriate but cautioned against engaging experts to provide site-specific analysis. He acknowledged developers were at an inherent advantage in the development process because they spent significant amounts developing plans before filing an application. Once an application was filed, the City had 120 days to act. Therefore the Council was under considerable pressure to ensure that decisions were made and that process did not increase development costs. By the time an application reached the ADB or Hearing Examiner, there may be a limited amount of time remaining. Citizens were at a distinct disadvantage in terms of the amount of money they were willing to spend. With regard to amendments to Title 20, Mr. Snyder pointed out the Council was under considerable pressure to remain as the quasi judicial, final hearing body. One of the advantages of not being a decision maker was Councilmembers could participate in the process including hiring experts, taking an advocacy position, developing a record, etc. which as the final decision maker, they could not do. Councilmember Dawson pointed out the Council was required to be the decision maker on site specific rezones. Mr. Snyder commented on the use of the Comprehensive Plan process to develop economic or environmental information, noting that was an appropriate way to assist in preparing a record. Councilmember Dawson referred to public comments regarding the Council’s role with the ADB and/or Planning Commission including televising meetings and questioning why Councilmember did not attend Planning Board and ADB meetings. Mr. Snyder favored broad citizen access and supported televising Board meetings. He explained the problem with Councilmembers attending these meetings was challenges may arise. Councilmember Dawson commented that could be overcome if a Councilmember sat in a specified location and there was no mingling at meetings. Mr. Snyder agreed it could be structured within the law. Councilmember Wilson asked if there were any current cases or appeals in a quasi judicial status that he should not speak to citizens about. Mr. Snyder was not certain and suggested staff provide Council notice of pending applications so that they were aware when they could not discuss an issue with the public. Councilmember Wilson asked if there was a further penalty for a Councilmember who did not recuse themselves, whereby the Councilmember incurred personal liability versus professional liability. Mr. Snyder advised the City had an indemnification ordinance; the issue was whether a Councilmember was in the course of their official duties. He explained a Councilmember doing their job qualified them for legislative immunity. He advised on January 24 the Council would be provided a presentation regarding citizen complaints. He explained the Council had a policy of not responding to the public during public comment. This was developed as the result of a situation approximately 15 years ago when several members of a neighborhood complained to the Council about an intersection and the Council agreed to install a traffic circle later that week. At the following Council meeting, members of the neighborhood complained to the Council that they could not exit their driveways due to traffic backups from the traffic circle. He summarized advertising issues to ensure a range of public opinion on an issue was preferable. Councilmember Wilson recalled discussion regarding the Council allocating funds for visioning of the waterfront and asked whether any product or participation by a Councilmember would jeopardize his/her ability to participate in a quasi judicial action. Mr. Snyder answered in most cases no, it could be structured to preserve a Councilmember’s ability to participate. Councilmember Wilson envisioned a less formal process where citizens could offer their insight and there likely would be a subjective outcome and subjective participatory views. Mr. Snyder answered that was the reason for the Comprehensive Plan docketing process. If the Council wanted to update the Downtown Waterfront Plan, it was an adopted Packet Page 19 of 188 Edmonds City Council Draft Minutes January 8, 2008 Page 17 part of the Comprehensive Plan. The GMA encourages public participation via the Comprehensive Plan docketing process. COUNCILMEMBER WAMBOLT MOVED, SECONDED BY COUNCILMEMBER DAWSON, TO EXTEND THE MEETING UNTIL 10:30 P.M. MOTION CARRIED UNANIMOUSLY. Councilmember Wambolt asked whether the Chair had the ability to tell a Councilmember to recuse themselves. Mr. Snyder answered no, as an elected official a Councilmember’s power could only be removed via a recall petition; a Councilmember made the decision whether to recuse themselves. Councilmember Wambolt noted if a Councilmember did not recuse themselves, the risk was to the City. 13. PRESENTATION OF RESOLUTION THANKING COUNCILMEMBER PEGGY PRITCHARD OLSON FOR HER SERVICE AS COUNCIL PRESIDENT. Mayor Haakenson read a Resolution thanking Councilmember Olson for her service as Council President. He presented the resolution and a gift to Councilmember Olson. Councilmember Olson thanked the Council for their support, commenting serving as Council President was a great experience. 14. MAYOR’S COMMENTS Mayor Haakenson offered congratulations to Marko Liias, former Mukilteo City Councilmember, who resigned last night because he was appointed to fill Representative Brian Sullivan’s seat. Mayor Haakenson advised he met with Representative Liias this morning to discuss the City’s priorities for the legislative session. 15. COUNCIL COMMENTS Council President Plunkett welcomed the new Councilmembers. He invited Councilmember Wilson to prepare a resolution of support for funding a 4-year university in Snohomish County for Council consideration on a future agenda. Council President Plunkett noted the Council retreat is scheduled on February 1 and 2, beginning at 9:45 a.m. on February 1. He asked Councilmembers to submit any agenda items to Senior Executive Council Assistant Jana Spellman who would compile topics, consult with Mayor Haakenson and develop a draft agenda. Council President Plunkett advised of three upcoming agenda items, 1) whether the Council wanted to pursue preparation of a Strategic Plan, 2) whether to tape the Council retreat, 3) whether Councilmembers were interested in pursuing park land at the waterfront, either a portion or all of it. Councilmember Wilson thanked Senior Executive Council Assistant Jana Spellman, Assistant City Engineer Don Fiene, Community Services Director Stephen Clifton and Administrative Services Director Dan Clements for their assistance. He also thanked Councilmember Olson and Council President Plunkett for their assistance. Councilmember Orvis welcomed new Councilmembers, noting this was a unique Council in that a majority of the members attained their seat by removing an incumbent. Councilmember Dawson thanked the two new Councilmembers for their willingness to participate. She anticipated Councilmembers Bernheim and Wilson would be great additions to the Council as they were both very bright, talented and engaged in the community. Packet Page 20 of 188 Edmonds City Council Draft Minutes January 8, 2008 Page 18 Mayor Haakenson advised the next Council meeting would include a public hearing on the proposed graffiti ordinance. With regard to a strategic plan, he offered to provide the Council the strategic plan, vision and mission statement developed at the Council retreat in 2004 that staff has been acting on. He recalled public safety updates had been made to that strategic plan, and an economic development update was made last year as part of the Comprehensive Plan update. 16. ADJOURN With no further business, the Council meeting was adjourned at 10:25 p.m. Packet Page 21 of 188 AM-1352 2.C. Approval of Claim Checks and Payroll Checks Edmonds City Council Meeting Date:01/15/2008 Submitted By:Debbie Karber Submitted For:Dan Clements Time:Consent Department:Administrative Services Type:Action Review Committee: Action:Approved for Consent Agenda Information Subject Title Approval of claim checks #101383 through #101579 for January 10, 2008 in the amount of $732,356.29. Approval of payroll checks #46111 through #46127 dated January 10, 2008 in the amount of $4,882.09 for Police Department's uniform allowance. Recommendation from Mayor and Staff Approval of claim and payroll checks. Previous Council Action N/A Narrative In accordance with the State statutes, City payments must be approved by the City Council. Ordinance #2896 delegates this approval to the Council President who reviews and recommends either approval or non-approval of expenditures. Fiscal Impact Fiscal Year: 2008 Revenue: Expenditure: $737,238.38 Fiscal Impact: Claims: $732,356.29 Payroll: $ 4,882.09 Attachments Link: Claim cks 1-10-08 Form Routing/Status Route Seq Inbox Approved By Date Status 1 Admin Services Kathleen Junglov 01/10/2008 03:03 PM APRV 2 City Clerk Sandy Chase 01/10/2008 03:11 PM APRV 3 Mayor Gary Haakenson 01/10/2008 03:12 PM APRV 4 Final Approval Sandy Chase 01/10/2008 03:33 PM APRV Packet Page 22 of 188 Form Started By: Debbie Karber  Started On: 01/10/2008 02:38 PM Final Approval Date: 01/10/2008 Packet Page 23 of 188 01/10/2008 Voucher List City of Edmonds 1 2:35:38PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 101383 1/4/2008 029900 DEPT OF RETIREMENT SYSTEMS December 2007 DECEMBER 2007 DRS December 2007 DRS 811.000.000.231.540.000.00 189,802.09 Total :189,802.09 101384 1/10/2008 066054 ADIX'S BED & BATH FOR DOGS AND JANUARY 2008 KENNELING SERVICES/JANUARY 2008/EPD JANUARY 2008 SERVICES~ 001.000.410.521.700.410.00 1,921.23 Total :1,921.23 101385 1/10/2008 071177 ADVANTAGE BUILDING SERVICES 07-527 JANITORIAL SERVICE JANITORIAL SERVICE 411.000.656.538.800.410.23 334.00 FLOOR MAINTENANCE07-528 FLOOR MAINTENANCE 411.000.656.538.800.410.23 273.33 Total :607.33 101386 1/10/2008 064615 AIR COMPRESSOR SERVICE 29961 71601 FAN MOTOR ASSEMBLY 411.000.656.538.800.310.22 254.37 Sales Tax 411.000.656.538.800.310.22 22.64 Total :277.01 101387 1/10/2008 001375 AMERICAN PLANNING ASSOCIATION 061514-071202 APA MEMBERSHIP FOR STEPHEN CLIFTON APA Membership for 2008 Clifton 001.000.610.519.700.490.00 420.00 Total :420.00 101388 1/10/2008 069751 ARAMARK 512-4059081 UNIFORM SERVICES PARK MAINTENANCE UNIFORM SERVICES 001.000.640.576.800.240.00 30.36 Sales Tax 001.000.640.576.800.240.00 2.70 1Page: Packet Page 24 of 188 01/10/2008 Voucher List City of Edmonds 2 2:35:38PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :33.061013881/10/2008 069751 069751 ARAMARK 101389 1/10/2008 069751 ARAMARK 512-4040418 18386001 UNIFORMS 411.000.656.538.800.240.00 91.46 Sales Tax 411.000.656.538.800.240.00 8.14 18386001512-4046636 UNIFORMS 411.000.656.538.800.240.00 95.85 Sales Tax 411.000.656.538.800.240.00 8.55 Total :204.00 101390 1/10/2008 069751 ARAMARK 512-4038757 FLEET UNIFORM SVC FLEET UNIFORM SVC 511.000.657.548.680.240.00 19.50 Sales Tax 511.000.657.548.680.240.00 1.74 FLEET UNIFORM SVC512-4051131 FLEET UNIFORM SVC 511.000.657.548.680.240.00 19.50 Sales Tax 511.000.657.548.680.240.00 1.74 2Page: Packet Page 25 of 188 01/10/2008 Voucher List City of Edmonds 3 2:35:38PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 101390 1/10/2008 (Continued)069751 ARAMARK PW MATS512-4051132 PW MATS 001.000.650.519.910.410.00 1.38 PW MATS 411.000.652.542.900.410.00 5.24 PW MATS 111.000.653.542.900.410.00 5.24 PW MATS 411.000.654.534.800.410.00 5.24 PW MATS 411.000.655.535.800.410.00 5.24 PW MATS 511.000.657.548.680.410.00 5.26 Sales Tax 001.000.650.519.910.410.00 0.12 Sales Tax 411.000.652.542.900.410.00 0.47 Sales Tax 111.000.653.542.900.410.00 0.47 Sales Tax 411.000.654.534.800.410.00 0.47 Sales Tax 411.000.655.535.800.410.00 0.47 Sales Tax 511.000.657.548.680.410.00 0.46 STREET/STORM UNIFORM SVC512-4051133 STREET/STORM UNIFORM SVC 411.000.652.542.900.240.00 3.24 STREET/STORM UNIFORM SVC 111.000.653.542.900.240.00 3.24 Sales Tax 411.000.652.542.900.240.00 0.29 Sales Tax 111.000.653.542.900.240.00 0.29 3Page: Packet Page 26 of 188 01/10/2008 Voucher List City of Edmonds 4 2:35:38PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 101390 1/10/2008 (Continued)069751 ARAMARK FAC MAINT UNIFORM SVC512-4052797 FAC MAINT UNIFORM SVC 001.000.651.519.920.240.00 40.44 Sales Tax 001.000.651.519.920.240.00 3.60 Total :123.64 101391 1/10/2008 071120 ASHLAND SPECIALTY CHEMICALS 2500049279 113009/0702 POLYMER 411.000.656.538.800.310.51 1,937.50 Total :1,937.50 101392 1/10/2008 069819 ASSINK, PHIL 2007 INVOICE 2007 CHAPLAIN CALLS 2007 CHAPLAIN CALLS 001.000.410.521.100.410.00 75.00 Total :75.00 101393 1/10/2008 064341 AT&T MOBILITY X01062008 C/A 828698926 425.418.8755 Service 11/27-12/26/07 001.000.310.514.100.420.00 689.22 Total :689.22 101394 1/10/2008 064807 ATS AUTOMATION INC 033327 PW - SERVICE PROGRAMMABLE HEAT PW - SERVICE PROGRAMMABLE HEAT 001.000.651.519.920.480.00 627.98 Sales Tax 001.000.651.519.920.480.00 55.89 Total :683.87 101395 1/10/2008 001795 AUTOGRAPHICS 74930 CITY HALL - S CLIFTON DIRECTORY SIGNAGE CITY HALL - S CLIFTON DIRECTORY SIGNAGE 001.000.651.519.920.310.00 45.00 Sales Tax 001.000.651.519.920.310.00 4.01 Total :49.01 4Page: Packet Page 27 of 188 01/10/2008 Voucher List City of Edmonds 5 2:35:38PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 101396 1/10/2008 070305 AUTOMATIC FUNDS TRANSFER 43392 OUT SOURCING OF UTILITY BILLS UB Outsourcing area #400 printing 411.000.652.542.900.490.00 124.06 UB Outsourcing area #400 printing 411.000.654.534.800.490.00 124.06 UB Outsourcing area #400 printing 411.000.655.535.800.490.00 124.44 UB Outsourcing area #400 postage 411.000.654.534.800.420.00 372.42 UB Outsourcing area #400 postage 411.000.655.535.800.420.00 372.42 Sales Tax 411.000.652.542.900.490.00 11.04 Sales Tax 411.000.654.534.800.490.00 11.04 Sales Tax 411.000.655.535.800.490.00 11.08 OUT SOURCING OF UTILITY BILLS43466 UB Outsourcing area #200 PRINTING 411.000.652.542.900.490.00 89.92 UB Outsourcing area #200 PRINTING 411.000.654.534.800.490.00 89.92 UB Outsourcing area #200 PRINTING 411.000.655.535.800.490.00 90.18 UB Outsourcing area #200 POSTAGE 411.000.654.534.800.420.00 269.31 UB Outsourcing area #200 POSTAGE 411.000.655.535.800.420.00 269.30 Sales Tax 411.000.652.542.900.490.00 8.00 Sales Tax 411.000.654.534.800.490.00 8.00 Sales Tax 411.000.655.535.800.490.00 8.03 5Page: Packet Page 28 of 188 01/10/2008 Voucher List City of Edmonds 6 2:35:38PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 101396 1/10/2008 (Continued)070305 AUTOMATIC FUNDS TRANSFER OUT SOURCING OF UTILITY BILLS43513 UB Outsourcing area #700 PRINTING 411.000.652.542.900.490.00 22.94 UB Outsourcing area #700 PRINTING 411.000.654.534.800.490.00 22.94 UB Outsourcing area #700 PRINTING 411.000.655.535.800.490.00 23.01 Sales Tax 411.000.652.542.900.490.00 2.04 Sales Tax 411.000.654.534.800.490.00 2.04 Sales Tax 411.000.655.535.800.490.00 2.05 UB Outsourcing area #700 POSTAGE 411.000.654.534.800.420.00 89.38 UB Outsourcing area #700 POSTAGE 411.000.655.535.800.420.00 89.38 Total :2,237.00 101397 1/10/2008 001801 AUTOMATIC WILBERT VAULT CO 07-1375 & 07-1688 BURIAL SUPPLIES BURIAL SUPPLIES: CLAUSSEN 130.000.640.536.200.340.00 358.00 BURIAL SUPPLIES: WRIGHT 130.000.640.536.200.340.00 358.00 Total :716.00 101398 1/10/2008 069076 BACKGROUND INVESTIGATIONS INC COE1207 Background check services Background check services 001.000.220.516.100.410.00 50.00 Total :50.00 101399 1/10/2008 070992 BANC OF AMERICA LEASING 010079003 Canon 5870 Copier Lease - Feb. 2008 6Page: Packet Page 29 of 188 01/10/2008 Voucher List City of Edmonds 7 2:35:38PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 101399 1/10/2008 (Continued)070992 BANC OF AMERICA LEASING Canon 5870 Copier Lease - Feb. 2008 001.000.610.519.700.450.00 101.35 Canon 5870 Copier Lease - Feb. 2008 001.000.220.516.100.450.00 101.32 Canon 5870 Copier Lease - Feb. 2008 001.000.210.513.100.450.00 101.33 Copier supply charges 001.000.610.519.700.450.00 25.01 Copier supply charges 001.000.220.516.100.450.00 25.00 Copier supply charges 001.000.210.513.100.450.00 24.99 Sales Tax 001.000.610.519.700.450.00 11.25 Sales Tax 001.000.220.516.100.450.00 11.25 Sales Tax 001.000.210.513.100.450.00 11.25 Total :412.75 101400 1/10/2008 072062 BARTLETT, SHIRLEY BARTLETT1214 REFUND CLASS REFUND 001.000.000.239.200.000.00 35.00 Total :35.00 101401 1/10/2008 002500 BLUMENTHAL UNIFORM CO INC 609032-01 INV#609032-01 EDMONDS PD - KAMKA VEST XT3A-2 VEST 001.000.410.521.220.240.00 649.95 Sales Tax 001.000.410.521.220.240.00 57.85 CREDIT MEMO 634811-81 - NESS TURTLENECK634811-81 RETURN NESS TURTLENECKG 001.000.410.521.700.240.00 -22.95 Sales Tax 001.000.410.521.700.240.00 -2.04 7Page: Packet Page 30 of 188 01/10/2008 Voucher List City of Edmonds 8 2:35:38PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 101401 1/10/2008 (Continued)002500 BLUMENTHAL UNIFORM CO INC CREDIT MEMO 634821-80 SACKVILLE CAP634821-80 Sales Tax 001.000.410.521.220.240.00 -1.69 CREDIT FOR EMBROIDERYS 001.000.410.521.220.240.00 -9.95 SACKVILLE CAP RETURNG 001.000.410.521.220.240.00 -9.00 INV#637835-01 EDMONDS PD - MEHL/EXTRA637835-01 SINGLE HANDCUFF CASE 001.000.410.521.220.240.00 49.90 Sales Tax 001.000.410.521.220.240.00 4.44 INV#640948 EDMONDS PD - SACKVILLE640948 BASEBALL CAP 001.000.410.521.220.240.00 9.95 EMBROIDERY ON HAT 001.000.410.521.220.240.00 12.00 Sales Tax 001.000.410.521.220.240.00 1.95 Total :740.41 101402 1/10/2008 070009 BOLA ARCHITECTURE & PLANNING 3 EDMONDS MUSEUM MASONRY RESTORATION EDMONDS MUSEUM MASONRY RESTORATION 116.000.651.519.920.410.00 1,516.70 Total :1,516.70 101403 1/10/2008 066578 BROWN AND CALDWELL 1468716 127918 C-161 SCREENING SYSTEM IMPROVEMENTS 414.000.656.594.320.650.00 703.18 Total :703.18 101404 1/10/2008 003001 BUILDERS SAND & GRAVEL 282891 STREET - CRUSHED ROCK 8Page: Packet Page 31 of 188 01/10/2008 Voucher List City of Edmonds 9 2:35:38PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 101404 1/10/2008 (Continued)003001 BUILDERS SAND & GRAVEL STREET - CRUSHED ROCK 111.000.653.542.310.310.00 2,817.92 Sales Tax 111.000.653.542.310.310.00 214.16 STREET- CRUSHED ROCK282992 STREET- CRUSHED ROCK 111.000.653.542.310.310.00 240.00 Sales Tax 111.000.653.542.310.310.00 18.24 Total :3,290.32 101405 1/10/2008 003328 CASCADE SYMPHONY ORCHESTRA CASCADE1231 TOURISM PROMOTION AGREEMENT TOURISM PROMOTION AGREEMENT 123.000.640.573.100.410.00 1,650.00 Total :1,650.00 101406 1/10/2008 003780 CEAW Mbrshp Gebert 2008 Gebert.Membership Dues 2008 Gebert.Membership Dues 2008 001.000.620.532.200.490.00 50.00 Total :50.00 101407 1/10/2008 003510 CENTRAL WELDING SUPPLY RN12071063 HELIUM HELIUM FOR GYMNASTICS BIRTHDAY PARTIES 001.000.640.575.550.450.00 7.75 Sales Tax 001.000.640.575.550.450.00 0.69 Total :8.44 101408 1/10/2008 003510 CENTRAL WELDING SUPPLY RN12071062 ALS SUPPLIES medical oxygen 001.000.510.526.100.450.00 15.50 Sales Tax 001.000.510.526.100.450.00 1.38 Total :16.88 101409 1/10/2008 070792 CH2O 155414 FAC - CLEANING SUPPLIES 9Page: Packet Page 32 of 188 01/10/2008 Voucher List City of Edmonds 10 2:35:38PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 101409 1/10/2008 (Continued)070792 CH2O FAC - CLEANING SUPPLIES 001.000.651.519.920.310.00 544.65 Freight 001.000.651.519.920.310.00 97.78 Sales Tax 001.000.651.519.920.310.00 50.11 Total :692.54 101410 1/10/2008 064690 CHAMPION BOLT & SUPPLY INC 478042 9999 NUTS & BOLTS 411.000.656.538.800.310.21 161.26 Sales Tax 411.000.656.538.800.310.21 13.87 Total :175.13 101411 1/10/2008 065774 CHAVOND-BARRY ENGINEERING CORP 1560-121407 INCINERATION ANALYSIS INCINERATION ANALYSIS 411.000.656.538.800.410.11 904.00 Total :904.00 101412 1/10/2008 066382 CINTAS CORPORATION 460796473 UNIFORMS Stn 17 - ALS 001.000.510.526.100.240.00 93.28 Stn 17 - OPS 001.000.510.522.200.240.00 93.28 Sales Tax 001.000.510.526.100.240.00 8.30 Sales Tax 001.000.510.522.200.240.00 8.30 UNIFORMS460800638 Volunteers 001.000.510.522.410.240.00 23.16 Sales Tax 001.000.510.522.410.240.00 2.06 10Page: Packet Page 33 of 188 01/10/2008 Voucher List City of Edmonds 11 2:35:38PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 101412 1/10/2008 (Continued)066382 CINTAS CORPORATION OPS UNIFORMS460800639 Stn. 16 001.000.510.522.200.240.00 129.93 Sales Tax 001.000.510.522.200.240.00 11.57 UNIFORMS460801673 Stn 17 - ALS 001.000.510.526.100.240.00 96.80 Stn 17 - OPS 001.000.510.522.200.240.00 96.80 Sales Tax 001.000.510.526.100.240.00 8.62 Sales Tax 001.000.510.522.200.240.00 8.61 OPS UNIFORMS460801697 Stn. 20 001.000.510.522.200.240.00 142.18 Sales Tax 001.000.510.522.200.240.00 12.65 UNIFORMS460805809 Volunteers 001.000.510.522.410.240.00 23.16 Sales Tax 001.000.510.522.410.240.00 2.06 OPS UNIFORMS460805810 Stn. 16 001.000.510.522.200.240.00 129.93 Sales Tax 001.000.510.522.200.240.00 11.57 Total :902.26 101413 1/10/2008 004095 COASTWIDE LABORATORIES W1872506 FAC - NO TOUCH TOWELS, LAUNDRY SOAP 11Page: Packet Page 34 of 188 01/10/2008 Voucher List City of Edmonds 12 2:35:38PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 101413 1/10/2008 (Continued)004095 COASTWIDE LABORATORIES FAC - NO TOUCH TOWELS, LAUNDRY SOAP 001.000.651.519.920.310.00 452.60 Freight 001.000.651.519.920.310.00 2.75 Sales Tax 001.000.651.519.920.310.00 40.53 FAC MAINT - COMPLETE FINISHW1872547 FAC MAINT - COMPLETE FINISH 001.000.651.519.920.310.00 192.56 Freight 001.000.651.519.920.310.00 2.75 Sales Tax 001.000.651.519.920.310.00 17.38 FAC MAINT - BIGFOLD TOWELS, HANDW1875565 FAC MAINT - BIGFOLD TOWELS, HAND 001.000.651.519.920.310.00 482.60 Freight 001.000.651.519.920.310.00 2.75 Sales Tax 001.000.651.519.920.310.00 43.20 Total :1,237.12 101414 1/10/2008 004095 COASTWIDE LABORATORIES W1876652 OPS SUPPLIES stations' supplies 001.000.510.522.200.310.00 103.92 Freight 001.000.510.522.200.310.00 2.75 Sales Tax 001.000.510.522.200.310.00 9.49 Total :116.16 101415 1/10/2008 064369 CODE PUBLISHING CO 29788 City Code/ECDC for Bernheim City Code/ECDC for Bernheim 001.000.110.511.100.490.00 152.46 12Page: Packet Page 35 of 188 01/10/2008 Voucher List City of Edmonds 13 2:35:38PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :152.461014151/10/2008 064369 064369 CODE PUBLISHING CO 101416 1/10/2008 004377 COLE INDUSTRIAL INC 6409-0 FS 17, CITY PK BLDG, MUSEUM - BOILER FS 17, CITY PK BLDG, MUSEUM - BOILER 001.000.651.519.920.480.00 570.00 Sales Tax 001.000.651.519.920.480.00 50.73 PS, YOST, FAC - BOILER TUNE-UPS6501-0 Sales Tax 001.000.651.519.920.480.00 23.14 PS, YOST, FAC - BOILER TUNE-UPS 001.000.651.519.920.480.00 520.00 Sales Tax 001.000.651.519.920.480.00 69.42 PS, YOST, FAC - BOILER TUNE-UPS 001.000.651.519.920.480.00 520.00 Total :1,753.29 101417 1/10/2008 069983 COMMERCIAL CARD SOLUTIONS 4715 6306 8856 9757 LATE PAYMENT FEE LATE PAYMENT FEE 411.000.656.538.800.490.00 13.25 Total :13.25 101418 1/10/2008 072050 COMMUNITY TRANSIT 44347-2 INV 44347-2 SWAT BUS 1989 RTS BUS VIN 1TUMDT9A4KR826304 511.100.657.594.480.640.00 1,500.00 SIX FIRESTONE TIRES ON BUS 511.100.657.594.480.640.00 1,928.60 Total :3,428.60 101419 1/10/2008 065683 CORRY'S FINE DRY CLEANING 510-0418 UNIFORMS Batt Chiefs 001.000.510.522.200.240.00 79.46 PREV UNIFORMS510-0995 Fire Marshal 001.000.510.522.300.240.00 32.38 13Page: Packet Page 36 of 188 01/10/2008 Voucher List City of Edmonds 14 2:35:38PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 101419 1/10/2008 (Continued)065683 CORRY'S FINE DRY CLEANING PREV UNIFORMS510-1524 Fire Inspector 001.000.510.522.300.240.00 29.45 OPS UNIFORMS510-1539 Admin BC 001.000.510.522.200.240.00 47.09 UNIFORMS510-1884 fire chief 001.000.510.522.100.240.00 44.15 UNIFORMS510-2341 Asst Chief 001.000.510.522.200.240.00 29.43 Total :261.96 101420 1/10/2008 072042 CRACUT, DANIEL 2462 IMMUNIZATION/CRACUT IMMUNIZATION/CRACUT 411.000.656.538.800.410.11 352.20 Total :352.20 101421 1/10/2008 006200 DAILY JOURNAL OF COMMERCE 3198550 E8MA.RFQ Invitation 4th Avenue Cultural E8MA.RFQ Invitation 4th Avenue Cultural 125.000.640.594.750.650.00 164.50 Total :164.50 101422 1/10/2008 070230 DEPARTMENT OF LICENSING dec 2007 STATE SHARE OF CONCEALED PISTOL State Share of Concealed Pistol 001.000.000.237.190.000.00 453.00 Total :453.00 101423 1/10/2008 064422 DEPT OF GENERAL ADMIN 95-1-341 FACILITY ENGINEERING SRVS ENERGY PROJECT SERVICES 116.000.651.519.920.410.00 26,082.00 Total :26,082.00 101424 1/10/2008 064422 DEPT OF GENERAL ADMIN 201594127 FAC MAINT - HAND SOAP, MOPHEADS 14Page: Packet Page 37 of 188 01/10/2008 Voucher List City of Edmonds 15 2:35:38PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 101424 1/10/2008 (Continued)064422 DEPT OF GENERAL ADMIN FAC MAINT - HAND SOAP, MOPHEADS 001.000.651.519.920.310.00 63.40 Sales Tax 001.000.651.519.920.310.00 5.33 FAC MAINT - FLOOR POLISHING PADS201594282 FAC MAINT - FLOOR POLISHING PADS 001.000.651.519.920.310.00 53.55 Sales Tax 001.000.651.519.920.310.00 4.50 Total :126.78 101425 1/10/2008 064422 DEPT OF GENERAL ADMIN 16-1-39960 INV#16-1-39960 ACCT#23104-000 EDMONDS 1033/1122 PROGRAM ADMIN FEE 001.000.410.521.100.490.00 100.00 Total :100.00 101426 1/10/2008 061860 DEPT OF LABOR & INDUSTRIES 171611 FAC - BOILER CERTIFICATIONS FAC - BOILER CERTIFICATIONS 001.000.651.519.920.490.00 157.60 MAINT SHOP - BOILER CERTS 001.000.651.519.920.490.00 98.50 Total :256.10 101427 1/10/2008 047610 DEPT OF TRANSPORTATION 11904 Standard Specifications - 2008 Standard Specifications - 2008 001.000.620.532.200.310.00 75.00 Standard Specifications - 2008 001.000.650.519.910.310.00 25.00 Standard Specifications - 2008 111.000.653.542.900.310.00 25.00 Standard Specifications - 2008 411.000.652.542.900.310.00 25.00 Total :150.00 101428 1/10/2008 060546 DICKINSON EQUIPMENT CO INC 0118457 1137 15Page: Packet Page 38 of 188 01/10/2008 Voucher List City of Edmonds 16 2:35:38PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 101428 1/10/2008 (Continued)060546 DICKINSON EQUIPMENT CO INC COMPRESSOR REPAIR 411.000.656.538.800.480.21 723.76 Freight 411.000.656.538.800.480.21 4.81 Sales Tax 411.000.656.538.800.480.21 64.84 Total :793.41 101429 1/10/2008 064531 DINES, JEANNIE 07-2827 INV# 07-2827 EDMONDS PD TRANSCRIPTION - IA INTERVIEW 001.000.410.521.210.410.00 86.80 TRANSCRIPTION 07-4465 001.000.410.521.210.410.00 128.80 TRANSCRIPTION - IA 07-003 001.000.410.521.210.410.00 98.00 Total :313.60 101430 1/10/2008 070790 DISTINCTIVE GLASS INC 18212 CITY PK BLDG - MISC GLASS CITY PK BLDG - MISC GLASS 001.000.651.519.920.310.00 66.00 Sales Tax 001.000.651.519.920.310.00 5.87 Total :71.87 101431 1/10/2008 068591 DOUBLEDAY, MICHAEL 12312007 STATE LOBBYIST State lobbyist for Dec 2007 001.000.610.519.700.410.00 2,585.00 Total :2,585.00 101432 1/10/2008 063066 EDMONDS COMMUNITY COLLEGE ECCGYM0107 GYM RENTAL 2008 GYM RENTAL FOR VOLLEYBALL AND 001.000.640.575.520.450.00 3,615.00 Total :3,615.00 101433 1/10/2008 063448 EDMONDS LIONS CLUB 1/2/08 Display of 305 remembrance flags for 16Page: Packet Page 39 of 188 01/10/2008 Voucher List City of Edmonds 17 2:35:38PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 101433 1/10/2008 (Continued)063448 EDMONDS LIONS CLUB Display of 305 remembrance flags for 001.000.390.519.900.490.00 500.00 Total :500.00 101434 1/10/2008 062190 EDMONDS POLICE DEPT 2007 YR END REPLENISH/AUDIT DETECTIVE BUY FUND/2007 PARKING @SPD 07-0746 001.000.410.521.400.430.00 10.00 FUEL-PRISONER PICKUP~ 001.000.410.521.210.430.00 32.30 Total :42.30 101435 1/10/2008 008688 EDMONDS VETERINARY HOSPITAL 160105 INV#160105 CLIENT#308 EDMONDS PD ANAL SAC EXPRESSION - ROCKY 001.000.410.521.260.410.00 14.80 ANAL SAC INFUSION - ROCKY 001.000.410.521.260.410.00 26.40 AMOXICILLIN 500 MG - ROCKY 001.000.410.521.260.410.00 13.40 SYNOVI SOFT CHEWS - ROCKY 001.000.410.521.260.410.00 78.00 Sales Tax 001.000.410.521.260.410.00 8.13 Total :140.73 101436 1/10/2008 008705 EDMONDS WATER DIVISION 2-26950 LIFT STATION #3 LIFT STATION #3 411.000.655.535.800.470.00 43.78 Total :43.78 101437 1/10/2008 066759 EMER NORTHWEST 1424 ALS REPAIR/MAINT 2008 stretcher maint agreemt 001.000.510.526.100.480.00 756.00 Sales Tax 001.000.510.526.100.480.00 67.28 Total :823.28 17Page: Packet Page 40 of 188 01/10/2008 Voucher List City of Edmonds 18 2:35:38PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 101438 1/10/2008 071489 EMS MAGAZINE 510-1884 ADMIN MISC Subscription renewal 001.000.510.522.100.490.00 29.00 Total :29.00 101439 1/10/2008 071108 ENVIROCARE INTERNATIONAL INC 9346 6071 SPRAY NOZZLE 411.000.656.538.800.310.21 300.00 Freight 411.000.656.538.800.310.21 9.62 Total :309.62 101440 1/10/2008 071853 ERIE LANDMARK CO 24416 10 HPC Plaques 10 HPC Plaques 001.000.620.558.600.490.00 1,616.00 Freight 001.000.620.558.600.490.00 80.00 Total :1,696.00 101441 1/10/2008 069380 FBINAA WASHINGTON CHAPTER 2008 GERALD GANNON 2008 DUES GERALD GANNON, EDMONDS PD ACTIVE MEMBER DUES 2008 001.000.410.521.220.490.00 80.00 2008 DUES WILLIAM NELSON, EDMONDS PD2008 WILLIAM NELSON 2008 ACTIVE MEMBER DUES 001.000.410.521.220.490.00 80.00 Total :160.00 101442 1/10/2008 009880 FEDEX 1671-0649-8 EXPRESS SHIPMENT SHIPMENT 125.000.640.594.750.650.00 27.55 Total :27.55 101443 1/10/2008 009815 FERGUSON ENTERPRISES INC 1076531 17983 HOT WATER TANK 411.000.656.538.800.310.21 439.06 Sales Tax 411.000.656.538.800.310.21 39.08 18Page: Packet Page 41 of 188 01/10/2008 Voucher List City of Edmonds 19 2:35:38PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :478.141014431/10/2008 009815 009815 FERGUSON ENTERPRISES INC 101444 1/10/2008 009815 FERGUSON ENTERPRISES INC 1075196 PS - METERING ASSEMBLY, O RING PS - METERING ASSEMBLY, O RING 001.000.651.519.920.310.00 365.85 Freight 001.000.651.519.920.310.00 9.99 Sales Tax 001.000.651.519.920.310.00 33.45 Total :409.29 101445 1/10/2008 069940 FIRST ADVANTAGE SBS 141575 INV#141575 ACCT#ODY900JJM EDMONDS CREDIT CHECKS - DECEMBER 2007 001.000.410.521.100.410.00 10.50 Total :10.50 101446 1/10/2008 010660 FOSTER, MARLO 4 LEOFF 1 Reimbursement LEOFF 1 Reimbursement 009.000.390.517.370.230.00 1,245.78 Total :1,245.78 101447 1/10/2008 072054 GARDNER, GARY & RICHELLE 4-27025 RE: #7-0711-001 UTILITY REFUND RE: #7-0711-001 Utility Refund 411.000.000.233.000.000.00 50.14 Total :50.14 101448 1/10/2008 067232 GERRISH BEARING COMPANY 2076225-01 PILLOW BLOCK PILLOW BLOCK 411.000.656.538.800.310.21 101.04 Freight 411.000.656.538.800.310.21 5.85 Sales Tax 411.000.656.538.800.310.21 9.51 19Page: Packet Page 42 of 188 01/10/2008 Voucher List City of Edmonds 20 2:35:38PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 101448 1/10/2008 (Continued)067232 GERRISH BEARING COMPANY PILLOW BLOCK2076441-01 PILLOW BLOCK 411.000.656.538.800.310.21 39.24 Sales Tax 411.000.656.538.800.310.21 3.49 HANGER UNIT2076445-01 HANGER UNIT 411.000.656.538.800.310.21 98.82 Freight 411.000.656.538.800.310.21 6.37 Sales Tax 411.000.656.538.800.310.21 9.36 Total :273.68 101449 1/10/2008 018495 GLACIER NORTHWEST 90328711 STREET - CEMENT STREET - CEMENT 111.000.653.542.610.310.00 470.25 Sales Tax 111.000.653.542.610.310.00 41.85 STREET - CEMENT90336621 STREET - CEMENT 111.000.653.542.610.310.00 470.25 Sales Tax 111.000.653.542.610.310.00 41.85 Total :1,024.20 101450 1/10/2008 012199 GRAINGER 9534520318 SUPPLIES ENGRAVER 001.000.640.576.800.310.00 20.39 Sales Tax 001.000.640.576.800.310.00 1.81 Total :22.20 101451 1/10/2008 012199 GRAINGER 9533286101 FS 20 - RETRACT REEL CORD 20Page: Packet Page 43 of 188 01/10/2008 Voucher List City of Edmonds 21 2:35:38PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 101451 1/10/2008 (Continued)012199 GRAINGER FS 20 - RETRACT REEL CORD 001.000.651.519.920.310.00 34.60 Sales Tax 001.000.651.519.920.310.00 2.98 Total :37.58 101452 1/10/2008 071391 GRAY & OSBORNE INC 07523.00-7 E7AB.Services thru 12/15/07 E7AB.Services thru 12/15/07 112.200.630.595.330.650.00 4,131.41 Total :4,131.41 101453 1/10/2008 068011 HALLAM, RICHARD 1 LEOFF 1 Reimbursement LEOFF 1 Reimbursement 001.000.390.517.220.230.00 1,275.00 Total :1,275.00 101454 1/10/2008 062383 HEPBURN INDUSTRIES IN076282 BURIAL SUPPLIES VASE LIFTER HEAD 130.000.640.536.200.340.00 75.00 Freight 130.000.640.536.200.340.00 14.60 Total :89.60 101455 1/10/2008 067862 HOME DEPOT CREDIT SERVICES 1591962 6035 3225 0095 9949 CRIMPER 411.000.656.538.800.310.21 5.96 Sales Tax 411.000.656.538.800.310.21 0.53 6035 3225 0095 99493046201 PAINT BRUSHES 411.000.656.538.800.310.21 65.47 Sales Tax 411.000.656.538.800.310.21 5.83 21Page: Packet Page 44 of 188 01/10/2008 Voucher List City of Edmonds 22 2:35:38PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 101455 1/10/2008 (Continued)067862 HOME DEPOT CREDIT SERVICES 6035 3225 0095 99497044513 PAINTING SUPPLIES 411.000.656.538.800.310.21 206.11 Sales Tax 411.000.656.538.800.310.21 18.34 Total :302.24 101456 1/10/2008 067862 HOME DEPOT CREDIT SERVICES 4035077 6035322501434934 DRILL SUPPLIES 001.000.510.522.200.359.00 97.23 Total :97.23 101457 1/10/2008 070896 HSBC BUSINESS SOLUTIONS 044827 OPS SUPPLIES stations' supplies 001.000.510.522.200.310.00 457.23 Total :457.23 101458 1/10/2008 070042 IKON FINANCIAL SERVICES 75207011 COPIER LEASE PARK MAINTENANCE COPIER LEASE 001.000.640.576.800.450.00 28.70 Total :28.70 101459 1/10/2008 070042 IKON FINANCIAL SERVICES 75207001 RENT ON RECEPTION COPIER FROM RENT ON RECEPTION COPIER FROM 001.000.620.558.800.450.00 141.87 RENT ON LARGE COPIER FROM 12/22/2007 TO75207006 RENT ON LARGE COPIER FROM 12/22/2007 TO 001.000.620.558.800.450.00 1,007.95 RENT ON ENG. COLOR COPIER FROM75207008 RENT ON ENG. COLOR COPIER FROM 001.000.620.558.800.450.00 840.32 Total :1,990.14 101460 1/10/2008 067109 IMAGEWARE SYSTEMS SI010108H INV#SI010108H PO JAN08MAINT EDMONDS PD 22Page: Packet Page 45 of 188 01/10/2008 Voucher List City of Edmonds 23 2:35:38PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 101460 1/10/2008 (Continued)067109 IMAGEWARE SYSTEMS SOFTWARE MAINT. 1/1/08-12/31/08 001.000.410.521.210.480.00 3,534.08 Sales Tax 001.000.410.521.210.480.00 314.53 Total :3,848.61 101461 1/10/2008 068952 INFINITY INTERNET 2684981 PRESCHOOL INTERNET ACCESS INTERNET ACCESS FOR MEADOWDALE PRESCHOOL 001.000.640.575.560.420.00 15.00 Total :15.00 101462 1/10/2008 064655 INNOVAC S14792 VACUUMED SANDBED MATERIAL VACUUMED SANDBED MATERIAL 411.000.656.538.800.480.11 1,313.60 Sales Tax 411.000.656.538.800.480.11 116.91 Total :1,430.51 101463 1/10/2008 015270 JONES CHEMICALS INC 376728 HYPOCHLORITE SOLUTION HYPOCHLORITE SOLUTION 411.000.656.538.800.310.53 3,054.87 Sales Tax 411.000.656.538.800.310.53 268.83 Total :3,323.70 101464 1/10/2008 068396 KPFF CONSULTING ENGINEERS E2DB.26 E2DB.Services thru 11/30/07 E2DB.Services thru 11/30/07 125.000.640.594.750.650.00 7,593.73 Total :7,593.73 101465 1/10/2008 016850 KUKER RANKEN INC 330493-001 INV#330493-001 CUST#1005003 EDMONDS PD FLUORESCENT GREEN PAINT 001.000.410.521.400.310.00 39.60 Sales Tax 001.000.410.521.400.310.00 3.52 23Page: Packet Page 46 of 188 01/10/2008 Voucher List City of Edmonds 24 2:35:38PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :43.121014651/10/2008 016850 016850 KUKER RANKEN INC 101466 1/10/2008 017050 KWICK'N KLEEN CAR WASH 121107-01 INV# 121107-01 EDMONDS PD 64 BASIC CAR WASHES - JULY 2007 001.000.410.521.220.480.00 160.00 ULTIMATE CAR WASH - JULY 2007 001.000.410.521.220.480.00 13.50 2 TRUCK WASHES - JULY 2007 001.000.410.521.220.480.00 10.00 59 BASIC CAR WASHES - AUGUST 2007 001.000.410.521.220.480.00 147.50 38 BASIC CAR WASHES - SEPT. 2007 001.000.410.521.220.480.00 95.00 1 TRUCK WASH 001.000.410.521.220.480.00 5.00 38 BASIC CAR WASHES - OCT. 2007 001.000.410.521.220.480.00 95.00 3 TRUCK WASHES 001.000.410.521.220.480.00 15.00 35 BASIC CAR WASHES - NOV 2007 001.000.410.521.220.480.00 87.50 3 TRUCK WASHES - NOV 2007 001.000.410.521.220.480.00 15.00 Total :643.50 101467 1/10/2008 017060 L & O DISTRIBUTING CO 74230 FAC- REPLACEMENT CARTRIDGE FAC- REPLACEMENT CARTRIDGE 001.000.651.519.920.310.00 126.08 Freight 001.000.651.519.920.310.00 7.80 Sales Tax 001.000.651.519.920.310.00 11.92 24Page: Packet Page 47 of 188 01/10/2008 Voucher List City of Edmonds 25 2:35:38PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 101467 1/10/2008 (Continued)017060 L & O DISTRIBUTING CO FAC - CARTRIDGE SOCKET74400 FAC - CARTRIDGE SOCKET 001.000.651.519.920.310.00 87.55 Freight 001.000.651.519.920.310.00 7.80 Sales Tax 001.000.651.519.920.310.00 8.49 Total :249.64 101468 1/10/2008 017135 LANDAU ASSOCIATES INC 0022052 Hinkel Short Plat Geotech Review Hinkel Short Plat Geotech Review 001.000.000.245.900.621.00 1,769.05 Isaacson Grading & Drainage Review0022219 Isaacson Grading & Drainage Review 001.000.000.245.900.621.00 500.00 Total :2,269.05 101469 1/10/2008 017135 LANDAU ASSOCIATES INC 0022256 810 WALNUT ENVIRONMENTAL INVESTIGATION 810 WALNUT ENVIRONMENTAL INVESTIGATION 411.000.652.542.900.410.00 168.00 Total :168.00 101470 1/10/2008 072063 LAUBER, MADELINE IMP#7016 MOSIE SPAY/NEUTER REFUND IMPOUND 7016 MOSIE SPAY/NEUTER REFUND - MOSIE 001.000.000.343.930.000.00 50.00 SPAY/NEUTER REFUND-IMPOUND7016 COSMOIMP#7016-COSMO SPAY/NEUTER REFUND - COSMO 001.000.000.343.930.000.00 50.00 Total :100.00 101471 1/10/2008 065791 LEIRA 2008LEIRADUES 2008 LEIRA DUES 25Page: Packet Page 48 of 188 01/10/2008 Voucher List City of Edmonds 26 2:35:38PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 101471 1/10/2008 (Continued)065791 LEIRA 2008 ACTIVE MEMBER - D. SMITH 001.000.410.521.110.490.00 40.00 2008 ASSOCIATE MEMBER - BROMAN 001.000.410.521.110.490.00 25.00 2008 ASSOCIATE MEMBER - COLLINS 001.000.410.521.110.490.00 25.00 2008 ASSOCIATE MEMBER - CLARKE 001.000.410.521.110.490.00 25.00 2008 ASSOCIATE MEMBER - GREENE 001.000.410.521.110.490.00 25.00 2008 ASSOCIATE MEMBER - JOHNSON 001.000.410.521.110.490.00 25.00 Total :165.00 101472 1/10/2008 071140 MAD SCIENCE OF KING COUNTY MADSCIENCE8621 MAD SCIENCE CAMP MAD SCIENCE CAMP #8621 001.000.640.574.200.410.00 900.00 Total :900.00 101473 1/10/2008 061900 MARC 038407-IN 00-0902224 INDUSTRIAL SOLVENT 411.000.656.538.800.310.59 847.00 Sales Tax 411.000.656.538.800.310.59 75.39 Total :922.39 101474 1/10/2008 020039 MCMASTER-CARR SUPPLY CO 77742263 123106800 T-STRAINER 411.000.656.538.800.310.21 12.44 Freight 411.000.656.538.800.310.21 4.39 26Page: Packet Page 49 of 188 01/10/2008 Voucher List City of Edmonds 27 2:35:38PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 101474 1/10/2008 (Continued)020039 MCMASTER-CARR SUPPLY CO 12310680078151158 MESH SCREEN 411.000.656.538.800.310.21 11.88 Freight 411.000.656.538.800.310.21 4.39 12310680078167950 LOCTITE QUICK SET GLUE 411.000.656.538.800.310.21 56.64 Freight 411.000.656.538.800.310.21 4.39 12310680078321832 LIGHT BULBS 411.000.656.538.800.310.22 35.50 Freight 411.000.656.538.800.310.22 4.80 12310680078375691 PAPER SHREDDER 411.000.656.538.800.310.41 220.49 Freight 411.000.656.538.800.310.41 13.26 Total :368.18 101475 1/10/2008 070807 MEYERSON, GAIL MEYERSON1214 REFUND CLASS REFUND 001.000.000.239.200.000.00 17.00 Total :17.00 101476 1/10/2008 069053 MICRO COM SYSTEMS LTD 13805 WATER/SEWER - PREP FOR FICHE CONVERSIONS 27Page: Packet Page 50 of 188 01/10/2008 Voucher List City of Edmonds 28 2:35:38PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 101476 1/10/2008 (Continued)069053 MICRO COM SYSTEMS LTD WATER/SEWER - PREP FOR FICHE CONVERSIONS 411.000.654.534.800.410.00 376.22 WATER/SEWER - PREP FOR FICHE CONVERSIONS 411.000.655.535.800.410.00 376.21 Sales Tax 411.000.654.534.800.410.00 33.49 Sales Tax 411.000.655.535.800.410.00 33.48 WATER/SEWER - FICHE SCAN & INDEXING13848 WATER/SEWER - FICHE SCAN & INDEXING 411.000.654.534.800.410.00 620.07 WATER/SEWER - FICHE SCAN & INDEXING 411.000.655.535.800.410.00 620.06 Sales Tax 411.000.654.534.800.410.00 55.19 Sales Tax 411.000.655.535.800.410.00 55.18 Total :2,169.90 101477 1/10/2008 069053 MICRO COM SYSTEMS LTD 14037 MICROFILM SERVICES - PLANNING DEPT. MICROFILM SERVICES - PLANNING DEPT. 001.000.620.558.600.490.00 407.73 Sales Tax 001.000.620.558.600.490.00 36.29 Total :444.02 101478 1/10/2008 020900 MILLERS EQUIP & RENT ALL INC 58098 LINEN RENTAL LINEN RENTAL: SISTER CITY 623.200.210.557.210.490.00 99.00 Sales Tax 623.200.210.557.210.490.00 8.81 Total :107.81 101479 1/10/2008 066553 MISTER T'S TROPHIES 75283 2007 Employee of the year engraving on 28Page: Packet Page 51 of 188 01/10/2008 Voucher List City of Edmonds 29 2:35:38PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 101479 1/10/2008 (Continued)066553 MISTER T'S TROPHIES 2007 Employee of the year engraving on 001.000.220.516.100.490.00 10.00 Sales Tax 001.000.220.516.100.490.00 0.89 Total :10.89 101480 1/10/2008 070109 NAUTILUS ENVIRONMENTAL LLC 2335 TOXICITY TESTING TOXICITY TESTING 411.000.656.538.800.410.31 65.42 Total :65.42 101481 1/10/2008 062204 NELSON TRUCK EQUIP CO INC 456818 STORM - FUEL PUMP, HOSE, SWITCH FOR STORM - FUEL PUMP, HOSE, SWITCH FOR 411.000.652.542.400.310.00 1,368.94 Sales Tax 411.000.652.542.400.310.00 121.84 Total :1,490.78 101482 1/10/2008 070788 NETRIVER INC 38780 EMAIL BILLING HOSTING PACKAGE:~ 120.000.310.575.420.410.00 39.00 Total :39.00 101483 1/10/2008 067098 NEXTEL COMMUNICATIONS 411191318-073 NEXTEL SERVICES FROM 11/25-12/24/2007. NEXTEL SERVICES FROM 11/25-12/24/2007. 001.000.620.524.100.420.00 87.04 Total :87.04 101484 1/10/2008 070870 NORCAN 12/26/2007 INV#12/26/2007 DAVID MILLER, EDMONDS PD 2008 DUES - DET. DAVID MILLER 001.000.410.521.210.490.00 40.00 Total :40.00 101485 1/10/2008 063034 NORTH CENTRAL LABORATORIES 228873 13465 29Page: Packet Page 52 of 188 01/10/2008 Voucher List City of Edmonds 30 2:35:38PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 101485 1/10/2008 (Continued)063034 NORTH CENTRAL LABORATORIES STANDARD SOLUTION 411.000.656.538.800.310.31 324.05 Freight 411.000.656.538.800.310.31 8.11 Total :332.16 101486 1/10/2008 024960 NORTH COAST ELECTRIC COMPANY S1928197.001 2091 HUB 411.000.656.538.800.310.22 10.32 Sales Tax 411.000.656.538.800.310.22 0.92 Total :11.24 101487 1/10/2008 071698 NORTH SOUND CHRISTIAN NSOUND1217 REFUND REFUND OF DAMAGE DEPOSIT 001.000.000.239.200.000.00 500.00 Total :500.00 101488 1/10/2008 066391 NORTHSTAR CHEMICAL INC 0085828 SODIUM HYDROXIDE SODIUM HYDROXIDE 411.000.656.538.800.310.52 2,135.00 Sales Tax 411.000.656.538.800.310.52 190.02 SODIUM BISULFITE0085989 SODIUM BISULFITE 411.000.656.538.800.310.54 1,504.50 Sales Tax 411.000.656.538.800.310.54 133.90 SODIUM BISULFITE0086391 SODIUM BISULFITE 411.000.656.538.800.310.54 1,211.25 Sales Tax 411.000.656.538.800.310.54 107.80 Total :5,282.47 30Page: Packet Page 53 of 188 01/10/2008 Voucher List City of Edmonds 31 2:35:38PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 101489 1/10/2008 061013 NORTHWEST CASCADE INC 0651584 HONEY BUCKET RENTAL HONEY BUCKET RENTAL:~ 001.000.640.576.800.450.00 98.02 Total :98.02 101490 1/10/2008 025690 NOYES, KARIN 523 MINUTE TAKING 12/19 ADB Minutes 001.000.250.514.300.410.00 255.00 Total :255.00 101491 1/10/2008 063511 OFFICE MAX CONTRACT INC 596018 OFFICE SUPPLIES BINDERS FOR PARK MAINTENANCE 001.000.640.576.800.310.00 52.00 Sales Tax 001.000.640.576.800.310.00 4.63 Total :56.63 101492 1/10/2008 063511 OFFICE MAX CONTRACT INC 265670 520437 COFFEE FILTERS/INKJET CARTRIDGES /CD 411.000.656.538.800.310.41 168.31 Sales Tax 411.000.656.538.800.310.41 14.98 Total :183.29 101493 1/10/2008 063511 OFFICE MAX CONTRACT INC 489124 PW OFFICE SUPPLIES - HIGHLIGHTERS, PW OFFICE SUPPLIES - HIGHLIGHTERS, 001.000.650.519.910.310.00 46.70 SEWER - CALENDAR REFIL 411.000.655.535.800.310.00 5.19 Sales Tax 001.000.650.519.910.310.00 4.16 Sales Tax 411.000.655.535.800.310.00 0.46 31Page: Packet Page 54 of 188 01/10/2008 Voucher List City of Edmonds 32 2:35:38PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 101493 1/10/2008 (Continued)063511 OFFICE MAX CONTRACT INC PW OFFICE SUPPLIES - PENS, CORR TAPE,522980 PW OFFICE SUPPLIES - PENS, CORR TAPE, 001.000.650.519.910.310.00 45.87 WATER/SEWER - PUNCH, CLIPBOARDS 411.000.654.534.800.310.00 11.05 WATER/SEWER - PUNCH, CLIPBOARDS 411.000.655.535.800.310.00 11.05 Sales Tax 001.000.650.519.910.310.00 4.08 Sales Tax 411.000.654.534.800.310.00 0.98 Sales Tax 411.000.655.535.800.310.00 0.99 PW UTILITY LOCATE - 3 PART PAPER589119 PW UTILITY LOCATE - 3 PART PAPER 411.000.654.534.800.310.00 38.46 PW UTILITY LOCATE - 3 PART PAPER 411.000.655.535.800.310.00 38.46 PW UTILITY LOCATE - 3 PART PAPER 411.000.652.542.900.310.00 38.46 PW OFFICE SUPPLIES 001.000.650.519.910.310.00 123.08 Sales Tax 411.000.654.534.800.310.00 3.42 Sales Tax 411.000.655.535.800.310.00 3.42 Sales Tax 411.000.652.542.900.310.00 3.42 Sales Tax 001.000.650.519.910.310.00 10.96 32Page: Packet Page 55 of 188 01/10/2008 Voucher List City of Edmonds 33 2:35:38PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 101493 1/10/2008 (Continued)063511 OFFICE MAX CONTRACT INC PW OFFICE SUPPLIES - STAPLER590403 PW OFFICE SUPPLIES - STAPLER 001.000.650.519.910.310.00 32.23 SEWER -11X17 SHEET PROTECTORS 411.000.655.535.800.310.00 56.31 Sales Tax 001.000.650.519.910.310.00 2.87 Sales Tax 411.000.655.535.800.310.00 5.01 Total :486.63 101494 1/10/2008 063511 OFFICE MAX CONTRACT INC 526527 MOBILE FILE FOR JEANIE MCCONNELL. MOBILE FILE FOR JEANIE MCCONNELL. 001.000.620.558.800.310.00 229.35 Sales Tax 001.000.620.558.800.310.00 20.42 Total :249.77 101495 1/10/2008 070166 OFFICE OF THE STATE TREASURER nov 2007 COURT, BLDG CODE & JIS TRANSMITTAL Emergency Medical Services & Trauma 001.000.000.237.120.000.00 1,051.14 PSEA 1, 2, 3 Account 001.000.000.237.130.000.00 21,213.91 Building Code Fee Account 001.000.000.237.150.000.00 148.00 State Patrol Death Investigations 001.000.000.237.170.000.00 915.30 Judicial Information Systems Account 001.000.000.237.180.000.00 3,606.82 School Zone Safety Account 001.000.000.237.200.000.00 148.79 brain trauma injury 001.000.000.237.260.000.00 290.41 auto thft prevention 001.000.000.237.250.000.00 1,458.42 33Page: Packet Page 56 of 188 01/10/2008 Voucher List City of Edmonds 34 2:35:38PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :28,832.791014951/10/2008 070166 070166 OFFICE OF THE STATE TREASURER 101496 1/10/2008 026200 OLYMPIC VIEW WATER DISTRICT 0000130 WATER 220TH ST SW & 84TH AVE W 001.000.640.576.800.470.00 10.11 WATER0001520 820 15TH ST SW~ 130.000.640.536.500.470.00 25.97 WATER0001530 820 15TH ST SW~ 130.000.640.536.500.470.00 29.32 WATER0002930 5TH & ST RTE 104/SPRINKLER 001.000.640.576.800.470.00 10.78 WATER0005060 9803 EDMONDS WAY 001.000.640.576.800.470.00 10.78 Total :86.96 101497 1/10/2008 026200 OLYMPIC VIEW WATER DISTRICT 000292 0 WATER FOR L/S #13 WATER FOR L/S #13 411.000.655.535.800.470.00 25.28 FIRE STATION #20002140 0 FIRE STATION #20 001.000.651.519.920.470.00 164.20 Total :189.48 101498 1/10/2008 027060 PACIFIC TOPSOILS 59354 STORM - SWEEPINGS DUMP FEES STORM - SWEEPINGS DUMP FEES 411.000.652.542.320.490.00 174.94 STORM - DUMP FEES59620 STORM - DUMP FEES 411.000.652.542.320.490.00 170.67 STORM -DUMPING FEES59627 STORM -DUMPING FEES 411.000.652.542.320.490.00 170.67 34Page: Packet Page 57 of 188 01/10/2008 Voucher List City of Edmonds 35 2:35:38PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 101498 1/10/2008 (Continued)027060 PACIFIC TOPSOILS STORM - DUMP FEES59633 STORM - DUMP FEES 411.000.652.542.320.490.00 170.67 Total :686.95 101499 1/10/2008 066817 PANASONIC DIGITAL DOCUMENT COM 010079000 COPIER CONTRACT COPIER CONTRACT 411.000.656.538.800.450.41 145.22 Sales Tax 411.000.656.538.800.450.41 12.60 Total :157.82 101500 1/10/2008 066817 PANASONIC DIGITAL DOCUMENT COM 010078999 ADMIN LEASE Admin copier lease 001.000.510.522.100.450.00 137.06 Sales Tax 001.000.510.522.100.450.00 12.20 Total :149.26 101501 1/10/2008 071488 PARENTMAP 108018 DISPLAY AD JANUARY PARENTMAP~ 001.000.640.574.200.440.00 252.00 Total :252.00 101502 1/10/2008 027165 PARKER PAINT MFG. CO.INC.658187 PW - PAINT AND SUPPLIES PW - PAINT AND SUPPLIES 001.000.651.519.920.310.00 14.50 Sales Tax 001.000.651.519.920.310.00 1.30 Total :15.80 101503 1/10/2008 063890 PERFORMANCE SIGN PRODUCTS INC 45195 STREET - 30" OPAQUE COCOA 35Page: Packet Page 58 of 188 01/10/2008 Voucher List City of Edmonds 36 2:35:38PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 101503 1/10/2008 (Continued)063890 PERFORMANCE SIGN PRODUCTS INC STREET - 30" OPAQUE COCOA 111.000.653.542.640.310.00 54.90 24" OPAQUE POLO GREEN 111.000.653.542.640.310.00 45.12 Freight 111.000.653.542.640.310.00 5.00 Sales Tax 111.000.653.542.640.310.00 9.03 Total :114.05 101504 1/10/2008 008400 PETTY CASH - EPD PETTY CASH END OF YEAR 2007 PETTY CASH REIMB/PD MAILED CERTIFIED LETTERS 001.000.410.521.100.420.00 10.42 PARKING/OFFICER KAMKA~ 001.000.410.521.400.430.00 6.00 SHOOTING DEBRIEFING/DONUTS~ 001.000.410.521.100.310.00 14.25 Total :30.67 101505 1/10/2008 008350 PETTY CASH - PARKS & REC PCASH1231 PETTY CASH REIMBURSEMENT BOOK 117.100.640.573.100.490.00 16.28 Total :16.28 101506 1/10/2008 062296 PETTY CASH - WWTP 010708 WWTP PETTY CASH 36Page: Packet Page 59 of 188 01/10/2008 Voucher List City of Edmonds 37 2:35:38PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 101506 1/10/2008 (Continued)062296 PETTY CASH - WWTP ICE FOR LAB/SPONGES/FOIL/BRUSH 411.000.656.538.800.310.31 34.87 TAPE/PAPER CUPS 411.000.656.538.800.310.41 21.96 MEALS/KOHO 411.000.656.538.800.430.00 26.35 REFRESHMENTS FOR MTG//LUNCH INTERVIEWS 411.000.656.538.800.310.00 65.42 LIGHT BULBS 411.000.656.538.800.310.22 1.08 PAPER TOWELS 411.000.656.538.800.310.23 9.11 ADAPTER 411.000.656.538.800.310.21 1.85 LONG DISTANCE PHONE CALLS ELECTRICAL 411.000.656.538.800.420.00 40.50 Total :201.14 101507 1/10/2008 066139 PREMIUM MARKETING 39447 INV# 39447 EDMONDS PD TOSHIBA HDMI UPCONVERTING DVD PLAYER 001.000.410.521.400.350.00 65.00 Sales Tax 001.000.410.521.400.350.00 5.78 Total :70.78 101508 1/10/2008 065021 PRINTING PLUS 63309 GRAPHICS AD FOR WRITE ON THE SOUND 123.000.640.573.100.440.00 18.75 Sales Tax 123.000.640.573.100.440.00 1.67 Total :20.42 101509 1/10/2008 029800 PRINZ, DANIEL 99 LEOFF 1 Reimbursement LEOFF 1 Reimbursement 009.000.390.517.370.230.00 590.00 37Page: Packet Page 60 of 188 01/10/2008 Voucher List City of Edmonds 38 2:35:38PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :590.001015091/10/2008 029800 029800 PRINZ, DANIEL 101510 1/10/2008 072056 PRO-TECH SECURITY SALES 13555 INV#13555 CUST#EDM001 EDMONDS PD REFURBISH BALLISTIC SHIELD 001.000.410.521.230.480.00 815.00 LIGHT INSTALLED AT REFURB. 001.000.410.521.230.480.00 390.00 Freight 001.000.410.521.230.480.00 25.00 Total :1,230.00 101511 1/10/2008 068697 PUBLIC SAFETY TESTING INC 2007-2075 October - December 2007 PD testing fees October - December 2007 PD testing fees 001.000.220.516.210.410.00 700.00 October - December 2007 Fire testing 001.000.220.516.210.410.00 902.00 Total :1,602.00 101512 1/10/2008 067263 PUGET SAFETY EQUIPMENT COMPANY 0021346-IN EDMCITW GLOVES/COVERALLS 411.000.656.538.800.310.12 221.75 Sales Tax 411.000.656.538.800.310.12 18.62 BACK VEST0021680-IN BACK VEST 411.000.656.538.800.310.12 416.00 Sales Tax 411.000.656.538.800.310.12 34.94 Total :691.31 101513 1/10/2008 046900 PUGET SOUND ENERGY 084-904-700-6 WWTP PUGET SOUND ENERGY WWTP PUGET SOUND ENERGY 411.000.656.538.800.472.63 2,493.14 Total :2,493.14 101514 1/10/2008 046900 PUGET SOUND ENERGY 0101874006 LIBRARY 38Page: Packet Page 61 of 188 01/10/2008 Voucher List City of Edmonds 39 2:35:38PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 101514 1/10/2008 (Continued)046900 PUGET SOUND ENERGY LIBRARY 001.000.651.519.920.470.00 618.34 PARK & BUILDING MAINTENANCE SHOP0230757007 PARK & BUILDING MAINTENANCE SHOP 001.000.651.519.920.470.00 468.71 LIFT STATION #71916766007 LIFT STATION #7 411.000.655.535.800.470.00 62.09 PUBLIC SAFETY-POLICE,CRT & COUNCIL2753166004 PUBLIC SAFETY-POLICE,CRT & COUNCEL 001.000.651.519.920.470.00 607.20 Public Works2776365005 Public Works 001.000.650.519.910.470.00 46.00 Public Works 111.000.653.542.900.470.00 174.82 Public Works 411.000.654.534.800.470.00 174.82 Public Works 411.000.655.535.800.470.00 174.82 Public Works 511.000.657.548.680.470.00 174.82 Public Works 411.000.652.542.900.470.00 174.80 LIFT STATION #132986629000 LIFT STATION #13 411.000.655.535.800.470.00 84.90 200 Dayton St-Vacant PW Bldg3689976003 200 Dayton St-Vacant PW Bldg 411.000.654.534.800.470.00 640.06 MEADOWDALE CLUBHOUSE5254926008 MEADOWDALE CLUBHOUSE 001.000.651.519.920.470.00 362.60 39Page: Packet Page 62 of 188 01/10/2008 Voucher List City of Edmonds 40 2:35:38PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 101514 1/10/2008 (Continued)046900 PUGET SOUND ENERGY Fire Station # 165322323139 Fire Station # 16 001.000.651.519.920.470.00 1,579.08 SEWER LIFT STATION #95672895009 SEWER LIFT STATION #9 411.000.655.535.800.470.00 29.50 FLEET5903085008 Fleet 7110 210th St SW 511.000.657.548.680.470.00 636.30 PUBLIC SAFETY-FIRE STATION6439566008 PUBLIC SAFETY-FIRE STATION 001.000.651.519.920.470.00 1,452.10 ANDERSON CENTER6490327001 ANDERSON CENTER 001.000.651.519.920.470.00 3,434.64 LIFT STATION #88851908007 LIFT STATION #8 411.000.655.535.800.470.00 54.87 FIRE STATION #209919661109 FIRE STATION #20 001.000.651.519.920.470.00 737.75 Total :11,688.22 101515 1/10/2008 065579 QUIKSIGN 56266 LUTHERAN/CU-07-77 SIGN INSTALLATION. LUTHERAN/CU-07-77 SIGN INSTALLATION. 001.000.620.558.600.410.11 156.00 Sales Tax 001.000.620.558.600.410.11 13.88 Total :169.88 101516 1/10/2008 030780 QUIRING MONUMENTS INC 84525 MARKER MARKER: PETEK 130.000.640.536.200.340.00 440.00 Total :440.00 40Page: Packet Page 63 of 188 01/10/2008 Voucher List City of Edmonds 41 2:35:38PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 101517 1/10/2008 068484 RINKER MATERIALS 9414363193 STORM DUMPING FEES STORM DUMPING FEES 411.000.652.542.320.490.00 92.97 STREET - WASHED SAND 111.000.653.542.660.310.00 519.65 Sales Tax 111.000.653.542.660.310.00 44.69 STORM - DUMP FEES9414417896 STORM - DUMP FEES 411.000.652.542.320.490.00 43.05 Total :700.36 101518 1/10/2008 071825 ROAD CONSTRUCTION NW, INC E1CC Final/5 E1CC.Final Payment/100th Ave E1CC.Final Payment/100th Ave 112.200.630.595.330.650.00 22,314.07 Total :22,314.07 101519 1/10/2008 071979 SACKVILLE, JODI L SACKVILLE ACADEMY SHOES REIMBURSEMENT/SACKVILLE ADADEMY SHOES REIMBURSEMENT~SACKVILLE 001.000.410.521.220.240.00 67.52 Total :67.52 101520 1/10/2008 061482 SEA-WESTERN INC 121204 OPS REPAIRS & MAINT SCBA & facepiece flow tests 001.000.510.522.200.480.00 3,412.00 Sales Tax 001.000.510.522.200.480.00 303.67 OPS EXPENDABLE TOOLS121327 rubbish hooks 001.000.510.522.200.359.00 368.00 Freight 001.000.510.522.200.359.00 30.98 Sales Tax 001.000.510.522.200.359.00 35.51 Total :4,150.16 41Page: Packet Page 64 of 188 01/10/2008 Voucher List City of Edmonds 42 2:35:38PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 101521 1/10/2008 072061 SEATTLE STARS STARS1218 REFUND REFUND - RETURNING CREDIT ON ACCOUNT 001.000.000.239.200.000.00 216.00 Total :216.00 101522 1/10/2008 062299 SERPENTIX CONVEYOR CORP 12451 89372-I SOLIDS CONVEYOR PARTS 411.000.656.538.800.310.21 12,704.00 Freight 411.000.656.538.800.310.21 516.62 Sales Tax 411.000.656.538.800.310.21 1,176.64 Total :14,397.26 101523 1/10/2008 070298 SESAC INC 204956 ANNUAL FEE ANNUAL FEE FOR SESAC LICENSE 001.000.640.574.200.490.00 510.00 Total :510.00 101524 1/10/2008 072053 SHAW, JANE SHAW1227 REFUND CLASS REFUND 001.000.000.239.200.000.00 100.00 Total :100.00 101525 1/10/2008 071725 SKAGIT GARDENS INC 52129322 CITY WIDE BEAUTIFICATION SUPPLIES PLANTS FOR CITY WIDE BEAUTIFICATION 125.000.640.594.750.650.00 128.88 Freight 125.000.640.594.750.650.00 40.00 Sales Tax 125.000.640.594.750.650.00 13.51 CITY WIDE BEAUTIFICATION SUPPLIES52129330 FLOWERS FOR CITY WIDE BEAUTIFICATION 125.000.640.594.750.650.00 165.94 Sales Tax 125.000.640.594.750.650.00 12.96 42Page: Packet Page 65 of 188 01/10/2008 Voucher List City of Edmonds 43 2:35:38PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :361.291015251/10/2008 071725 071725 SKAGIT GARDENS INC 101526 1/10/2008 037375 SNO CO PUD NO 1 2340031869 UTILITY BILLING 131 SUNSET AVE 001.000.640.576.800.470.00 292.03 UTILITY BILLING3010022725 50 RAILROAD AVE 001.000.640.576.800.470.00 248.10 UTILITY BILLING5100017325 100 RAILROAD AVE 001.000.640.576.800.470.00 47.06 Total :587.19 101527 1/10/2008 037375 SNO CO PUD NO 1 387013147 463-001-705-3 23219 74TH AVE W/ BALLINGER 411.000.656.538.800.471.62 28.98 Sales Tax 411.000.656.538.800.471.62 1.74 958-001-000-8536016382 WWTP ELECTRICITY 411.000.656.538.800.471.61 31,757.14 Sales Tax 411.000.656.538.800.471.61 1,905.43 Total :33,693.29 101528 1/10/2008 037375 SNO CO PUD NO 1 112-000-511-9 22000 84TH AVE W Traffic Signal 220th St SW & 84th Ave W 111.000.653.542.640.470.00 79.40 STREET LIGHT2060015456 STREET LIGHT 111.000.653.542.640.470.00 30.72 LIFT STATION #82060018765 LIFT STATION #8 411.000.655.535.800.470.00 84.21 43Page: Packet Page 66 of 188 01/10/2008 Voucher List City of Edmonds 44 2:35:38PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 101528 1/10/2008 (Continued)037375 SNO CO PUD NO 1 BEACON LIGHT CROSS WALK2180017895 BEACON LIGHT CROSS WALK 111.000.653.542.640.470.00 36.10 SIGNAL LIGHT2710014826 SIGNAL LIGHT 111.000.653.542.640.470.00 57.43 SIGNAL LIGHT2900012432 SIGNAL LIGHT 111.000.653.542.640.470.00 31.69 DECORATIVE LIGHTS 115 2ND AVE S3260494996 deocrative lighting 111.000.653.542.630.470.00 49.39 SCHOOL FLASHING LIGHT3380016430 SCHOOL FLASHING LIGHT 111.000.653.542.640.470.00 31.69 SIGNAL LIGHT3630019994 SIGNAL LIGHT 111.000.653.542.640.470.00 96.20 Ballinger Lift Station 7403 Ballinger3900430020 Ballinger Lift Station 7403 Ballinger 411.000.655.535.800.470.00 30.72 STREET LIGHT4220016176 STREET LIGHT 111.000.653.542.630.470.00 39.57 STREET LIGHT4430018418 STREET LIGHT 111.000.653.542.640.470.00 42.64 FIRE STATION #204650022645 FIRE STATION #20 001.000.651.519.920.470.00 1,068.72 Lift Station #6 100 Pine St4670302498 Lift Station #6 100 Pine St 411.000.655.535.800.470.00 329.93 44Page: Packet Page 67 of 188 01/10/2008 Voucher List City of Edmonds 45 2:35:38PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 101528 1/10/2008 (Continued)037375 SNO CO PUD NO 1 TRAFFIC SIGNAL4680011956 TRAFFIC SIGNAL 111.000.653.542.640.470.00 110.63 STREET LIGHT4860014960 STREET LIGHT 111.000.653.542.640.470.00 39.23 SIGNAL LIGHT5240017631 SIGNAL LIGHT 111.000.653.542.640.470.00 38.70 SIGNAL LIGHT5450010938 SIGNAL LIGHT 111.000.653.542.640.470.00 112.54 SIGNAL LIGHT5450011118 SIGNAL LIGHT 111.000.653.542.640.470.00 121.01 LIFT STATION #15720013258 LIFT STATION #1 411.000.655.535.800.470.00 1,484.43 STREET LIGHTING6000013000 STREET LIGHTING 111.000.653.542.630.470.00 8,462.26 STREET LIGHTING6100013009 STREET LIGHTING 111.000.653.542.630.470.00 7,944.24 STREET LIGHTING6100013306 STREET LIGHTING 111.000.653.542.630.470.00 170.07 STREET LIGHTING6200013008 STREET LIGHTING 111.000.653.542.630.470.00 1,814.76 Total :22,306.28 101529 1/10/2008 066072 SNO CO SHERIFF & POLICE CHIEFS 2008 ANNUAL DUES SNOHOMISH COUNTY SHERIFF & POLICE CHIEFS 2008 ANNUAL DUES/CHIEF COMPAAN 001.000.410.521.100.490.00 25.00 45Page: Packet Page 68 of 188 01/10/2008 Voucher List City of Edmonds 46 2:35:38PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :25.001015291/10/2008 066072 066072 SNO CO SHERIFF & POLICE CHIEFS 101530 1/10/2008 063941 SNO CO SHERIFFS OFFICE I000189832 INV#I000189832 SRDTF JULY-DEC 2007 SNRDTF JULY-DECEMBER 2007 001.000.410.521.100.510.00 4,639.50 INV#I000189832 SRDTF JANUARY-JUNE 2008I000189832 SRDTF CONTRIB. JAN-JUNE 2008 001.000.410.521.100.510.00 4,639.50 Total :9,279.00 101531 1/10/2008 065910 SNOCOM 911 COMMUNICATIONS 434 Q1-2008 Quarterly Services Q1-2008 Quarterly Services 001.000.410.528.600.510.00 134,977.68 Q1-2008 Quarterly Services 001.000.510.528.600.510.00 48,206.31 Q1-2008 Quarterly Services 411.000.654.534.800.510.00 4,820.63 Q1-2008 Quarterly Services 411.000.655.535.800.510.00 4,820.63 Total :192,825.25 101532 1/10/2008 065910 SNOCOM 911 COMMUNICATIONS 438 FIRE ALARM/DISPATCH 2008 Esperance Dispatch 001.000.510.528.600.510.00 4,764.00 Total :4,764.00 101533 1/10/2008 064351 SNOHOMISH COUNTY TREASURER 2007191 INV#2007191 EDMONDS PD 53.58 BOOKINGS - DECEMBER 2007 001.000.410.523.600.510.00 4,753.62 763.75 HOUSING DAYS - DEC 2007 001.000.410.523.600.510.00 44,641.19 Total :49,394.81 101534 1/10/2008 070167 SNOHOMISH COUNTY TREASURER November 2007 crime victims crime victims 001.000.000.237.140.000.00 687.24 46Page: Packet Page 69 of 188 01/10/2008 Voucher List City of Edmonds 47 2:35:38PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :687.241015341/10/2008 070167 070167 SNOHOMISH COUNTY TREASURER 101535 1/10/2008 037800 SNOHOMISH HEALTH DISTRICT 01/02/08 INV 01/02/08 ACCT#C000569 EDMONDS PD HEP B VACCINE - COLLINS, AMY 001.000.410.521.910.410.00 62.00 HEP B VACCINE - MANDEVILLE 001.000.410.521.910.410.00 62.00 TITER TEST - SACKVILLE 001.000.410.521.220.410.00 34.00 Total :158.00 101536 1/10/2008 038300 SOUND DISPOSAL CO 03583 garbage & recycle for PS garbage & recycle for PS 001.000.651.519.920.470.00 501.05 garbage & recycle for FAC03585 garbage & recycle for FAC 001.000.651.519.920.470.00 570.83 garbage & recycle for Library03586 garbage & recycle for Library 001.000.651.519.920.470.00 613.33 garbage & recycle-City Hall03588 garbage & recycle-City Hall 001.000.651.519.920.470.00 400.34 Total :2,085.55 101537 1/10/2008 070677 SPRINT Eng.December Engineering Nextel thru 12/24/07 Engineering Nextel thru 12/24/07 001.000.620.532.200.420.00 571.36 Total :571.36 101538 1/10/2008 040430 STONEWAY ELECTRIC SUPPLY 1298357 LIBRARY - SUPPLIES 47Page: Packet Page 70 of 188 01/10/2008 Voucher List City of Edmonds 48 2:35:38PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 101538 1/10/2008 (Continued)040430 STONEWAY ELECTRIC SUPPLY LIBRARY - SUPPLIES 001.000.651.519.920.310.00 149.63 FAC MAINT - SUPPLIES 001.000.651.519.920.310.00 36.67 IT - TAMPER-PROOF DRIVER 001.000.310.518.880.490.00 35.32 Sales Tax 001.000.651.519.920.310.00 16.57 Sales Tax 001.000.310.518.880.490.00 3.15 FAC MAINT - NAIL PLATES1304275 FAC MAINT - NAIL PLATES 001.000.651.519.920.310.00 12.60 FAC MAINT - KNIFE SHARPENER 001.000.651.519.920.310.00 11.43 Sales Tax 001.000.651.519.920.310.00 2.14 FAC MAINT - LAMPS1310153 FAC MAINT - LAMPS 001.000.651.519.920.310.00 188.53 Sales Tax 001.000.651.519.920.310.00 16.78 CEMETERY - LAMP1312070 CEMETERY - LAMP 001.000.651.519.920.310.00 17.22 Sales Tax 001.000.651.519.920.310.00 1.53 PS - LIGHT FIXTURES1316719 PS - LIGHT FIXTURES 001.000.651.519.920.310.00 4,736.00 Sales Tax 001.000.651.519.920.310.00 421.50 Total :5,649.07 101539 1/10/2008 040480 STUSSER ELECTRIC 2338-458736 44-26789 48Page: Packet Page 71 of 188 01/10/2008 Voucher List City of Edmonds 49 2:35:38PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 101539 1/10/2008 (Continued)040480 STUSSER ELECTRIC EIP C251 CONDUIT 414.000.656.594.320.650.00 243.17 Sales Tax 414.000.656.594.320.650.00 21.64 44-267892338-458753 EIP C251 PARTS 414.000.656.594.320.650.00 79.84 Sales Tax 414.000.656.594.320.650.00 7.11 44-267892338-458845 EIP C251 CONDUIT 414.000.656.594.320.650.00 83.20 Sales Tax 414.000.656.594.320.650.00 7.40 44-267892338-458961 PLASTIC TAPE 411.000.656.538.800.310.22 38.80 Sales Tax 411.000.656.538.800.310.22 3.45 Total :484.61 101540 1/10/2008 040916 TC SPAN AMERICA 42366 GYMNASTICS T-SHIRTS GYMNASTICS BIRTHDAY PARTY T-SHIRTS 001.000.640.575.550.310.00 171.60 Sales Tax 001.000.640.575.550.310.00 15.28 Total :186.88 101541 1/10/2008 009350 THE DAILY HERALD COMPANY 1557931 E8MA.RFQ Authorization 4th Ave Cultural E8MA.RFQ Authorization 4th Ave Cultural 125.000.640.594.750.650.00 36.00 Total :36.00 101542 1/10/2008 009350 THE DAILY HERALD COMPANY 148134-12/31/2007 Planner or Senior Planner ad, #07-50 49Page: Packet Page 72 of 188 01/10/2008 Voucher List City of Edmonds 50 2:35:38PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 101542 1/10/2008 (Continued)009350 THE DAILY HERALD COMPANY Planner or Senior Planner ad, #07-50 001.000.220.516.100.440.00 24.64 Sewer MW I, #07-51 ad 001.000.220.516.100.440.00 49.28 Planner or Senior Planner ad, #07-50 001.000.620.558.600.440.00 24.64 Street MW I, #07-52 ad 001.000.220.516.100.440.00 24.64 Lead WWTP Maint. Mechanic ad, #07-53 411.000.656.538.800.440.00 139.28 Total :262.48 101543 1/10/2008 009350 THE DAILY HERALD COMPANY 101415-12/31/2007 NEWSPAPER ADS Council & Planning Agendas 001.000.250.514.300.440.00 994.99 NEWPAPER AD1561625 Public Hearing (Graffiti) 001.000.250.514.300.440.00 41.76 Total :1,036.75 101544 1/10/2008 009350 THE DAILY HERALD COMPANY 1557696 WALCKER/V-06-116 LEGAL NOTICES. WALCKER/V-06-116 LEGAL NOTICES. 001.000.620.558.600.440.00 15.84 LUTHERN/CU-07-66 LEGAL NOTICES.1558875 LUTHERN/CU-07-66 LEGAL NOTICES. 001.000.620.558.600.440.00 20.16 OSTERGAARD/ADB-07-60 LEGAL NOTICES.1558889 OSTERGAARD/ADB-07-60 LEGAL NOTICES. 001.000.620.558.600.440.00 23.04 SHAPIRO/ADB-07-79 LEGAL NOTICES.1561220 SHAPIRO/ADB-07-79 LEGAL NOTICES. 001.000.620.558.600.440.00 66.12 Total :125.16 101545 1/10/2008 072058 THE NATIONAL TRUST R1S128 NETWORK MEMBERSHIP RENEWAL FOR 2008 - 50Page: Packet Page 73 of 188 01/10/2008 Voucher List City of Edmonds 51 2:35:38PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 101545 1/10/2008 (Continued)072058 THE NATIONAL TRUST NETWORK MEMBERSHIP RENEWAL FOR 2008 - 001.000.620.558.600.490.00 250.00 Total :250.00 101546 1/10/2008 066056 THE SEATTLE TIMES C/A 042483000 Planner or Senior Planner ad, #07-50 Planner or Senior Planner ad, #07-50 001.000.220.516.100.440.00 327.64 Sewer MW I, #07-51 ad 001.000.220.516.100.440.00 327.64 Planner or Senior Planner ad, #07-50 001.000.620.558.600.440.00 327.64 Street MW I, #07-52 001.000.220.516.100.440.00 327.64 Lead WWTP Maintenance Mechanic ad, 411.000.656.538.800.440.00 327.64 Total :1,638.20 101547 1/10/2008 038315 THYSSENKRUPP ELEVATOR 454178 SENIOR CENTER ELEVATOR MONITORING SENIOR CENTER ELEVATOR MONITORING 001.000.651.519.920.480.00 10.57 Total :10.57 101548 1/10/2008 068249 TRAUTMANN MAHER & ASSOCIATES 12/31/07 MEBT Services - December 2007 MEBT Services - December 2007 001.000.220.516.100.410.00 133.73 Total :133.73 101549 1/10/2008 072029 TRIAD COMPUTER CONNECTION INC TM740200 UPS BACK UP UPS BACK UP 411.000.656.538.800.310.22 100.00 Freight 411.000.656.538.800.310.22 9.45 Sales Tax 411.000.656.538.800.310.22 9.74 51Page: Packet Page 74 of 188 01/10/2008 Voucher List City of Edmonds 52 2:35:38PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 101549 1/10/2008 (Continued)072029 TRIAD COMPUTER CONNECTION INC UPS STATIONTM740202 UPS STATION 411.000.656.538.800.310.22 620.00 Sales Tax 411.000.656.538.800.310.22 55.18 Total :794.37 101550 1/10/2008 071997 TROWBRIDGE, JANET TROWBRIDGE1217 REFUND CLASS REFUND 001.000.000.239.200.000.00 31.31 Total :31.31 101551 1/10/2008 062388 US BANK OF WASHINGTON Retainage Final E1CC.Road Cnstrctn NW Retainage Final E1CC.Road Cnstrctn NW Retainage Final 112.200.630.595.330.650.00 1,174.42 Total :1,174.42 101552 1/10/2008 069592 USA MOBILITY WIRELESS Q0298897l INV#Q0298897L EDMONDS PD PAGER SERVICE 12/27-01/26/07 001.000.410.521.100.420.00 72.86 Total :72.86 101553 1/10/2008 011900 VERIZON NORTHWEST 425-712-0647 BRACKETT'S MODEM LINE BRACKETT'S MODEM LINE 001.000.640.576.800.420.00 44.86 CEMETERY425-771-4741 EDMONDS MEMORIAL CEMETERY 130.000.640.536.200.420.00 55.40 Total :100.26 101554 1/10/2008 011900 VERIZON NORTHWEST 425-771-0423 03 0260 103797592 07 AFTER HOURS PHONE 411.000.656.538.800.420.00 55.73 Total :55.73 101555 1/10/2008 011900 VERIZON NORTHWEST 425-206-1108 TELEMETRY LIFT STATIONS 52Page: Packet Page 75 of 188 01/10/2008 Voucher List City of Edmonds 53 2:35:38PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 101555 1/10/2008 (Continued)011900 VERIZON NORTHWEST TELEMETRY LIFT STATIONS 411.000.654.534.800.420.00 145.03 TELEMETRY LIFT STATIONS 411.000.655.535.800.420.00 269.35 SEAVIEW RESERVOIR425-206-1137 SEAVIEW RESERVOIR 411.000.654.534.800.420.00 26.50 TELEMETRY LIFT STATION425-206-1141 TELEMETRY LIFT STATION 411.000.654.534.800.420.00 18.43 TELEMETRY LIFT STATION 411.000.655.535.800.420.00 34.22 TELEMETRY LIFT STATION425-206-4810 TELEMETRY LIFT STATION 411.000.654.534.800.420.00 42.17 TELEMETRY LIFT STATION 411.000.655.535.800.420.00 78.32 LIBRARY SCAN ALARM425-206-7147 LIBRARY SCAN ALARM 001.000.651.519.920.420.00 14.88 MEADOWDALE COMMUNITY CLUB-SCAN ALARM425-206-8379 MEADOWDALE COMMUNITY CLUB-SCAN ALARM 001.000.651.519.920.420.00 14.88 LIFT STATION #1425-673-5978 Lift Station #1 411.000.655.535.800.420.00 54.36 TELEMETRY STATIONS425-712-0417 TELEMETRY STATIONS 411.000.654.534.800.420.00 28.86 TELEMETRY STATIONS 411.000.655.535.800.420.00 28.86 53Page: Packet Page 76 of 188 01/10/2008 Voucher List City of Edmonds 54 2:35:38PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 101555 1/10/2008 (Continued)011900 VERIZON NORTHWEST P/W FIRE ALARM, FAX LINE & 2 SPARE LINES425-712-8251 P/W FIRE ALARM, FAX LINE & 2 SPARE LINES 001.000.650.519.910.420.00 14.09 P/W FIRE ALARM, FAX LINE & 2 SPARE LINES 111.000.653.542.900.420.00 70.44 P/W FIRE ALARM, FAX LINE & 2 SPARE LINES 411.000.654.534.800.420.00 57.76 P/W FIRE ALARM, FAX LINE & 2 SPARE LINES 411.000.655.535.800.420.00 57.76 P/W FIRE ALARM, FAX LINE & 2 SPARE LINES 511.000.657.548.680.420.00 81.71 PUBLIC SAFETY BLDG ELEVATOR PHONE425-712-8347 PUBLIC SAFETY BLDG ELEVATOR PHONE 001.000.651.519.920.420.00 59.09 FS # 16425-771-0158 FS #16 001.000.651.519.920.420.00 241.38 TELEMETRY LIFT STATIONS425-775-1534 TELEMETRY LIFT STATIONS 411.000.654.534.800.420.00 160.61 TELEMETRY LIFT STATIONS 411.000.655.535.800.420.00 298.27 PUBLIC SAFETY FIRE ALARM425-775-2455 PUBLIC SAFETY FIRE ALARM 001.000.651.519.920.420.00 49.36 Radio Line between Public Works & UB425-775-7865 Radio Line between Public Works & UB 411.000.654.534.800.420.00 52.20 FRANCES ANDERSON FIRE ALARM SYSTEM425-776-3896 FRANCES ANDERSON FIRE ALARM SYSTEM 001.000.651.519.920.420.00 118.84 54Page: Packet Page 77 of 188 01/10/2008 Voucher List City of Edmonds 55 2:35:38PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 101555 1/10/2008 (Continued)011900 VERIZON NORTHWEST VACANT PW BLDG 200 DAYTON ST425-778-3297 VACANT PW BLDG 200 DAYTON ST 411.000.654.534.800.420.00 18.49 VACANT PW BLDG 200 DAYTON ST 411.000.655.535.800.420.00 34.34 PUBLIC WORKS CPNNECTION TO 911425-RT0-9133 Public Works Connection to 911 001.000.650.519.910.420.00 5.48 Public Works Connection to 911 111.000.653.542.900.420.00 20.81 Public Works Connection to 911 411.000.654.534.800.420.00 20.81 Public Works Connection to 911 411.000.655.535.800.420.00 20.81 Public Works Connection to 911 511.000.657.548.680.420.00 20.81 Public Works Connection to 911 411.000.652.542.900.420.00 20.78 Total :2,179.70 101556 1/10/2008 011900 VERIZON NORTHWEST 425-771-0152 OPS COMMS FS #16 fax line 001.000.510.522.200.420.00 52.40 Total :52.40 101557 1/10/2008 067865 VERIZON WIRELESS 0616940128 CENTRALIZED IRRIGATION CENTRALIZED IRRIGATION 001.000.640.576.800.420.00 2.31 Total :2.31 101558 1/10/2008 067865 VERIZON WIRELESS 0613077770 965420720-00001 PRETREATMENT CELL 411.000.656.538.800.420.00 36.04 Total :36.04 55Page: Packet Page 78 of 188 01/10/2008 Voucher List City of Edmonds 56 2:35:38PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 101559 1/10/2008 067865 VERIZON WIRELESS 206-660-2168 FAC MAINT CELL - G EVANS FAC MAINT CELL - G EVANS 001.000.651.519.920.420.00 40.32 425-308-9867269992985-1 cell phone-water watch 411.000.654.534.800.420.00 36.04 425-238-8846470091643-00001 cell phone-Tod Moles 411.000.652.542.900.420.00 44.96 425-238-5456470103273-00001 cell phone-Mike Johnson 111.000.653.542.900.420.00 30.40 425-327-5379670091643-00001 cell phone-unit #77 411.000.654.534.800.420.00 111.87 425-231-2668769986915-01 cell phone-water lead 411.000.654.534.800.420.00 39.65 425-238-8252770096328-00001 cell phone-Dave Sittauer 511.000.657.548.680.420.00 1.77 Total :305.01 101560 1/10/2008 067865 VERIZON WIRELESS 0614309684 WIRELESS SERVICE FROM 11/19-12/18/2007. WIRELESS SERVICE FROM 11/19-12/18/2007. 001.000.620.524.100.420.00 60.07 Total :60.07 101561 1/10/2008 067865 VERIZON WIRELESS 0616260015 INV#0616260015 ACCT#470497482-00001 CELL PHONES 104.000.410.521.210.420.00 123.89 Total :123.89 101562 1/10/2008 069816 VWR INTERNATIONAL INC 32773246 1066294 56Page: Packet Page 79 of 188 01/10/2008 Voucher List City of Edmonds 57 2:35:38PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 101562 1/10/2008 (Continued)069816 VWR INTERNATIONAL INC GLOVES 411.000.656.538.800.310.31 665.35 Sales Tax 411.000.656.538.800.310.31 59.21 Total :724.56 101563 1/10/2008 069200 WA ST FIRE FIGHTERS' ASSOC.08-420 OPS MISC 2008 mbrshp dues 001.000.510.522.200.490.00 150.00 Total :150.00 101564 1/10/2008 045515 WABO BUCK WABO MEMBERSHIP FOR GRETCHEN BUCK FOR WABO MEMBERSHIP FOR GRETCHEN BUCK FOR 001.000.620.524.100.490.00 35.00 Total :35.00 101565 1/10/2008 045515 WABO OSTHELLER WABO MEMBERSHIP FOR LEE OSTHELLER FOR WABO MEMBERSHIP FOR LEE OSTHELLER FOR 001.000.620.524.100.490.00 35.00 Total :35.00 101566 1/10/2008 067195 WASHINGTON TREE EXPERTS 06-6287 TREE REMOVAL REMOVAL OF TREES IN CITY PARK AND 001.000.640.576.800.410.00 660.00 Total :660.00 101567 1/10/2008 045912 WASPC DUES00168500 DUES00168500 2008 DUES FOR AL COMPAAN ACTIVE DUES - CATEGORY F 001.000.410.521.100.490.00 365.00 Total :365.00 101568 1/10/2008 070194 WATOA 01012008 WATOA MEMBERSHIP FOR 2008 Watoa 2008 Membership for Clifton & Cruz 001.000.610.519.700.490.00 200.00 Total :200.00 57Page: Packet Page 80 of 188 01/10/2008 Voucher List City of Edmonds 58 2:35:38PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 101569 1/10/2008 067104 WCPDA 01012008 2008 WCPDA MEMBERSHIP CLIFTON 2008 membership for Clifton 001.000.610.519.700.490.00 50.00 Total :50.00 101570 1/10/2008 048100 WEINZ, JACK D 3 LEOFF 1 Reimbursement LEOFF 1 Reimbursement 617.000.510.522.200.230.00 172.00 Total :172.00 101571 1/10/2008 049500 WEST PUBLISHING 815103892 CODE REVISION RCW Supplements 001.000.250.514.300.310.00 1,290.50 Sales Tax 001.000.250.514.300.310.00 114.86 Total :1,405.36 101572 1/10/2008 071651 WESTCON INC S70478 PANEL METER PANEL METER 411.000.656.538.800.310.22 560.00 Freight 411.000.656.538.800.310.22 8.05 Sales Tax 411.000.656.538.800.310.22 50.56 Total :618.61 101573 1/10/2008 049902 WHITMAN, TIMOTHY 100 LEOFF 1 Reimbursement LEOFF 1 Reimbursement 009.000.390.517.370.230.00 362.00 Total :362.00 101574 1/10/2008 072055 WHITMAN, TIMOTHY AND JUBILEE 3-50900 RE: A-0711-026 UTILITY REFUND RE: A-0711-026 Utility Refund 411.000.000.233.000.000.00 156.12 Total :156.12 101575 1/10/2008 049905 WHITNEY EQUIPMENT CO INC 0028750-IN EDMO CI 58Page: Packet Page 81 of 188 01/10/2008 Voucher List City of Edmonds 59 2:35:38PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 101575 1/10/2008 (Continued)049905 WHITNEY EQUIPMENT CO INC D.O.CARTRIDGE ASSY 411.000.656.538.800.310.22 549.00 Freight 411.000.656.538.800.310.22 7.97 Sales Tax 411.000.656.538.800.310.22 49.57 Total :606.54 101576 1/10/2008 068491 WRIGHT, KELSEY WRIGHT0105 GYMNASTICS CAMP INSTRUCTION ONE DAY GYMNASTICS CAMP & BIRTHDAY 001.000.640.575.550.410.00 91.50 Total :91.50 101577 1/10/2008 063008 WSDOT~01364CN Grant Wrkshp Rgstrtn-Hauss Grant Wrkshp Rgstrtn-Hauss 001.000.620.532.200.490.00 150.00 Total :150.00 101578 1/10/2008 051050 WYATT, ARTHUR D 2 LEOFF 1 Reimbursement LEOFF 1 Reimbursement 009.000.390.517.370.230.00 191.00 Total :191.00 101579 1/10/2008 072023 ZAMMIT, MICHAEL & LISA YVONNE 1-30725 RE: #NG-11866-LR UTILITY REFUND RE: #NG-11866-LR Utility Refund 411.000.000.233.000.000.00 46.51 Total :46.51 Bank total :732,356.29197 Vouchers for bank code :front 732,356.29Total vouchers :Vouchers in this report197 59Page: Packet Page 82 of 188 01/10/2008 Voucher List City of Edmonds 60 2:35:38PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 60Page: Packet Page 83 of 188 AM-1343 2.D. Claim for Damages Edmonds City Council Meeting Date:01/15/2008 Submitted By:Linda Hynd Submitted For:Sandy Chase Time:Consent Department:City Clerk's Office Type:Action Review Committee: Action: Information Subject Title Acknowledge receipt of Claims for Damages from Jeffrey Brown ($979.04), Marni Muir (amount undetermined), and Tami Herrick (amount undetermined). Recommendation from Mayor and Staff It is recommended that the City Council acknowledge receipt of the Claims for Damages by minute entry. Previous Council Action N/A Narrative A Claim for Damages has been submitted by the following individuals: Jeffrey W. Brown 20408 12th Avenue NW Shoreline, WA 98177 ($979.04) Marni Muir 7700 175th Street SW Edmonds, WA 98026 (amount undetermined) Tami Herrick 4426 152nd Street SW Lynnwood, WA 98087 (amount undetermined) Fiscal Impact Attachments Link: Brown Claim for Damages Link: Muir Claim for Damages Packet Page 84 of 188 Link: Herrick Claim for Damages Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 01/08/2008 09:48 AM APRV 2 Mayor Gary Haakenson 01/08/2008 09:49 AM APRV 3 Final Approval Sandy Chase 01/08/2008 09:51 AM APRV Form Started By: Linda Hynd  Started On: 01/07/2008 12:03 PM Final Approval Date: 01/08/2008 Packet Page 85 of 188 Packet Page 86 of 188 Packet Page 87 of 188 Packet Page 88 of 188 Packet Page 89 of 188 AM-1346 2.E. Edmonds School District Broadband Agreement Edmonds City Council Meeting Date:01/15/2008 Submitted By:Dan Clements Time:Consent Department:Administrative Services Type:Action Review Committee:Finance Action:Approved for Consent Agenda Information Subject Title Edmonds School District Broadband Agreement Recommendation from Mayor and Staff Approve broadband agreement between the City and Edmonds School District. Previous Council Action Approved by Finance Committee on December 11, 2007. Narrative This agreement provides the terms and conditions for the City to provide broadband internet and communications services over the City's fiber optic network. Fiscal Impact Attachments Link: School District Broadband Agreement Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 01/09/2008 11:03 AM APRV 2 Mayor Gary Haakenson 01/09/2008 01:41 PM APRV 3 Final Approval Sandy Chase 01/09/2008 01:49 PM APRV Form Started By: Dan Clements  Started On: 01/09/2008 08:13 AM Final Approval Date: 01/09/2008 Packet Page 90 of 188 L:\PRODUCTIONDB\CCOUNCIL\0011_1346_1301_EDMONDS SCHOOL DISTRICT FIBER AGREEMENT FINAL.DOC City of Edmonds Fiber Optic Service Agreement with Edmonds School District This Fiber Optic Service Agreement is entered into this ______ day of _____________, 2007, between the City of Edmonds and Edmonds School District, providing for fiber optic services to Edmonds School District by the City of Edmonds. The City of Edmonds (“City”) and Edmonds School District (“District”) agree as follows: 1. Findings 1.1 The City is building a high speed, broad band fiber optic network and internet connection in the City in order to provide advanced telecommunication and data management services to its various departments and to enhance city services to the public, including but not limited to water and sewer services, fire and police services, and library and park services. 1.2 The District is poised to expand its outreach to students, staff, and the community in order to advance instructional and communication goals. However, these efforts cannot be expanded adequately and efficiently without access to a second sophisticated broadband fiber network and internet connection which provides redundant connectivity. 1.3 The installation of an advanced fiber network allows the City to enjoy substantial additional capacity in the system and the opportunity to supply broad band fiber optic and internet connection services to other government institutions, such as the District, on a basis that will expand the internal communication abilities and the educational outreach of those institutions, while at the same time lowering the overall cost of the fiber optic network to the City and enhancing the robustness of the City’s fiber optic system. The additional capacity will also enable the City to expand its own usage in future years to serve City agencies and to serve the citizens of Edmonds. Packet Page 91 of 188 Edmonds School District Broadband Agreement 2. Term 2.1 The initial term of this Agreement is five years from its effective date. 2.2 The effective date of this Agreement shall be the date on which the fiber optic connection is completed to the District, and the District has tested the connection by sending and receiving internet traffic at the demarcation patch panel. 2.3 At the end of the initial five-year term, either party may terminate the Agreement on ninety days’ advance written notice to the other party. 2.4 If not terminated at the end of the initial five-year term, the Agreement will extend automatically on a year to year basis. 2.5 Either party may then terminate the Agreement at the end of each successive one- year extension on ninety days’ advance written notice to the other party. 3. City Obligations The City will provide the following services (either with its own employees or through its contractors) to the District: 3.1 Install a high speed broad band fiber cable and connection to a demarcation patch panel attached to the District at the following locations: 3.1.1 Edmonds-Woodway High School – 7600 212th Street SW Edmonds, WA 98026 3.2 Supply metering facilities capable of measuring the District’s use of the City fiber network on an industry standard basis, as described below in section 6.4.1. 3.3 Operate and maintain the City’s high speed broad band internet connection and fiber system, including the connections to demarcation patch panels at the District for a minimum of five years from the effective date of the Agreement. 3.4 Use its best efforts to provide a 99 percent standard of reliability of the network internet connection, excluding (1) one two-hour scheduled maintenance window per month between weekend hours (Friday at 9 PM – Monday at 3 AM). 3.5 Bill the District on a monthly basis on the basis of rate principles established in section 6.4. Page 2 of 12 Packet Page 92 of 188 Edmonds School District Broadband Agreement 4. District Obligations In return for the services provided by the City under section 3, the District will do the following: 4.1 Provide suitable locations for installation of high speed broad band fiber cable and connections to demarcation patch panels attached to the District at the at the locations described in section 3.1. 4.2 Provide the City with access to District property to install the fiber connections and fiber optic cable, together with underground conduits should underground connections be required. 4.3 Provide the City with a procedure to rapidly obtain 24 hour a day/seven days per week access to the demarcation patch panels attached to the District at the locations described in section 3.1, and any other locations on District property over which the City fiber system is connected. 4.4 Assume full responsibility for the District’s communication systems on the District’s side of the demarcation patch panels. 4.5 Pay the City for costs and fees, within 30 days of receipt of a properly completed invoice. 5. Technical Specifications 5.1 Technical specifications of the City’s broad band fiber system and internet connection existing at the time this Agreement is entered into are described in Exhibit A, which is made a part of the Agreement. 5.2 The City reserves the option to change those specifications at any time during the term of the Agreement. 5.3 Should the specifications change, the City will attempt to inform the District of those changes at least sixty days prior to the change. However, because there may be multiple changes to the system over the term of the Agreement, the City does not guarantee that all changes in technical specifications will be provided to the District. 5.4 The District has the option at any time to request and obtain the most up to date technical specifications in the possession of the City. 6. Pricing The City will charge the District for high speed, broad band fiber optic network and internet connection under the following categories: (1) installation costs amortized over Page 3 of 12 Packet Page 93 of 188 Edmonds School District Broadband Agreement five years, (2) maintenance expenses, inclusive of any federal, state, city, or other local taxes, (3) port charges, and (4) bandwidth usage charges. 6.1 Installation The installation cost of connecting to the District will be charged to the District at cost and amortized over the initial five year term of the agreement. 6.1.1 The estimated cost of installing the fiber optic connection and demarcation patch panel at the locations specified in section 3.1 is provided in Exhibit B 6.1.2 This amount is only an estimate. The actual installation costs, which may be different, will be the amount used to calculate the amortized installation charges to the District. 6.1.3 The actual installation costs will be financed over 5 years using an interest rate of 1.5% over the State’s investment pool rate in effect at the time the agreement is adopted. This fixed monthly cost, will be charged for the first sixty months under the agreement. 6.1.4 After the first sixty months of billing under the agreement, the monthly charges for installation will cease, unless there are additional intervening installations or other capital costs agreed upon in writing by both parties. 6.2 Maintenance A charge for ongoing maintenance will be separately identified on the City’s monthly billing to the District. The components of that modest maintenance charge are: 6.2.1 Maintenance of fiber and conduits based in part on the length of connection between the connection points to the District and the City’s fiber system. 6.2.2 Maintenance of the hardware and software associated with the demarcation patch panels at the connections to the District and the metering mechanisms necessary to operate the connections to the District. 6.2.3 Proportionately allocated federal, state, and local taxes. 6.3 Port Charge A fixed monthly port charge will be billed to the District for each connection point identified above in section 3.1 and for any other connection to the District that may later be added. 6.3.1 The port charges identified in the illustrative Exhibit B will remain fixed for the initial five-year term of the Agreement. They may then be changed by the City on an annual basis provided the City gives the District 180 days’ advance written notice of changes in the monthly port charges. Page 4 of 12 Packet Page 94 of 188 Edmonds School District Broadband Agreement 6.4 Bandwidth A fourth component of charges to the District will be based on bandwidth usage. 6.4.1 The City will utilize an industry standard “95th percentile” method of computing network utilization as follows: 6.4.1.1 The City will track the District’s usage in 5 minute intervals over the course of a calendar month. 6.4.1.2 The City will then sort the intervals based on usage (highest to lowest) and discard the top 5 percent of intervals for that month. 6.4.1.3 The City will then compute usage based on the highest 5 minute interval remaining after discarding the top 5 percent. 6.4.2 The District will have a choice of a minimum bandwidth price schedule or no minimum bandwidth price schedule. 6.4.2.1 The rates per mb of bandwidth usage and port charges will be lower if a minimum monthly bandwidth charge is established, regardless of the actual usage. 6.4.2.2 Minimum monthly bandwidth guarantees are available at the 10, 15, 20, 30 and 50 mb/month levels. 6.4.2.3 If a minimum monthly bandwidth is guaranteed, any higher usage by the District will be charged at the lower $/mb rate associated with that minimum guarantee level. 6.4.2.4 Should the District choose not to guarantee a minimum mb/month bandwidth, the bandwidth and port charges will be higher. Bandwidth will be based only on the actual usage during the month measured by the “95th percentile” method of computing network utilization described above in section 6.4.1. 6.4.3 The District must select a bandwidth option or a specific level of minimum bandwidth at the inception of the Agreement. 6.4.3.1 The bandwidth option initially selected by the District is outlined in Schedule B. 6.4.3.2 As the Bandwidth requirements of the District increase, the District will be able to increase their minimum bandwidth commitment in order to take advantage of the lower unit costs. The District must request modification of the billing structure in writing, and it will take effect the billing period that follows the date the notice is received plus 30 days. Page 5 of 12 Packet Page 95 of 188 Edmonds School District Broadband Agreement The District may only reduce its minimum bandwidth commitment on the annual anniversary date of the Agreement or subsequent renewals. 6.4.4 The Pricing Matrix identified in Exhibit B will remain fixed for the initial five-year term of the Agreement. After the initial five-year term, the rates may be changed by the City on an annual basis provided the City gives the District 180 days’ advance written notice of changes in bandwidth charges. 7. Notices 7.1 Notices required under this Agreement must be in writing. 7.1.1 Written notices may be delivered by hand-delivery, U.S. Mail, FedEx (or other express delivery service), fax, or e-mail. 7.1.2 Notices will be effective, however, only on the date received. 7.2 Notices to the City should be sent to the following Name Dan Clements Position Administrative Services Director Street Address 121 Fifth Avenue North, Edmonds, WA 98020 Phone Number 425.771.0239 e-mail address clements@ci.edmonds.wa.us 7.3 Notices to the District should be sent to the following Name Cynthia Nelson Position Technology Director Street Address 20420 68th Ave. W, Lynnwood, WA 98036 Phone Number 425-431-7337 e-mail address nelson@edmonds.wednet.edu 7.4 The designated recipients for written notices may be changed at any time during the Agreement, so long as the change is delivered to the other party in writing. 8. Successors and Assigns 8.1 This Agreement may be assigned by either party to a successor or assign, provided the other party agrees in writing. 8.2 Approval of a request for transfer to a successor or assign must not be unreasonably withheld. 9. Limitation of Liability Page 6 of 12 Packet Page 96 of 188 Edmonds School District Broadband Agreement 9.1 The City has no responsibility for any data loss or any other consequential damages that may result from the failure, interruption or poor performance of its high speed, broad band fiber optic network and internet connection. 9.2 The only remedy available to the District as a result of the failure, interruption, or poor performance of the City’s high speed, broad band fiber optic network and internet connection is the reduction of City charges proportional to the time of the failure, interruption, or poor performance. 9.3 There are no third-party beneficiaries of this Agreement. 10. Indemnity and Insurance 10.1 The City and the District mutually indemnify each other for any losses or other claims arising from the operation and maintenance of the City’s high speed broad band internet connection and fiber system during the term of this Agreement, unless the loss or claim is caused solely by either the City or the District, in which case that party will be solely responsible. 10.2 The District shall provide a Certificate of Coverage evidencing: Commercial General, Automobile and Errors & Omissions Liability coverage written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence for personal injury, bodily injury and property damage. 11. Integration 11.1 This Agreement represents the complete agreement between the City and the District relating to the installation, maintenance and operation of the City’s high speed broad band internet connection and fiber system. 11.2 The Agreement integrates within it all prior discussions and drafts. 11.3 No amendment to the Agreement will be valid, unless it is in the form of a written amendment that specifically amends or specifically supersedes this Agreement. 12. Severability 12.1 If any part of this Agreement is held to be invalid by a court of competent jurisdiction, those provisions will be severed from the Agreement and the obligations of the parties will continue under the remaining terms of the Agreement. 12.2 If a court of competent jurisdiction finds this Agreement to be beyond the legal authority of the City to provide internet broadband services on a service contract basis, the parties agree to enter into an interlocal agreement providing for a joint arrangement to Page 7 of 12 Packet Page 97 of 188 Edmonds School District Broadband Agreement provide each government with its own internal communication under the unified management and operation of the City in accordance with the provisions of this service agreement. 13. Force Majeure The parties to this Agreement will be not be required to carry out its terms during a period when either party is prevented from doing so by a force majeure event including natural disasters such as windstorms and earthquakes, terrorist attacks or other public safety emergencies, and injunctions or other court orders. 14 Dispute Resolution 14.1 It is not anticipated that any significant disputes will arise in the course of this Agreement. If disputes do arise, however, they will be handled as follows: 14.1.1 The first step will be for the Mayor of the City and the Superintendent of the District to meet in an attempt to resolve the dispute. 14.1.2 If the Mayor of the City and the Superintendent of the District are unable to resolve the problem within two weeks of meeting, the City Council of the City and the School Board of the District will be asked to convene a special joint meeting to address the issue. 14.1.3 If within two weeks after meeting in joint session, the City Council of the City and the School Board of the District are together unable to resolve the dispute, the Mayor of the City and the Superintendent of the District will meet to agree on a mediator for a binding resolution who will be hired to convene the parties within thirty days. The cost of the mediator will be shared equally by the City and the District. If he Mayor of the City and the Superintendent of the District cannot agree on a mediator, a mediator will be appointed by the presiding judge of Snohomish County Superior Court, with the cost of arbitration born equally. The prevailing party shall be entitled to recover reasonable attorney’s fees and costs. Page 8 of 12 Packet Page 98 of 188 Edmonds School District Broadband Agreement Agreement Approved: DATED THIS ________ DAY OF _____________________, 20____. CITY OF EDMONDS Mayor Gary Haakenson ATTEST/AUTHENTICATED: By: Sandra S. Chase, City Clerk APPROVED AS TO FORM: By: W. Scott Snyder, City Attorney Edmonds School District Signature on behalf of Edmonds School District: Printed Name: Marla S. Miller Title: Assistant Superintendent, Business and Operations Date: Page 9 of 12 Packet Page 99 of 188 Edmonds School District Broadband Agreement EXHIBIT A Interface Specifications and Requirements General Background 1. The Edmonds Fiber Network (EFN) was initially established in 2005 with the installation of a 24 strand backbone running from Hwy 99 west to the vicinity of the Ferry dock in downtown Edmonds. There are numerous splice loops along the route and the City has a patch panel located in the Public Safety Building in downtown Edmonds and at the Public Works facility near the intersection of 212th and Hwy 99. This segment is referred to as the “City Backbone Segment” 2. The City backbone was augmented in 2006 with and additional of 24 strands running from the Public Works facility, south under Hwy 99 to the King Snohomish County boundary near 238th. This segment is known as the “Hwy 99 Segment” 3. Late in 2006, the City purchased six strands of fiber from the Seattle Fiber consortium running from the King- Snohomish County Boundary (238th) south to the Westin building in Seattle where it interconnects with a multi-homed Tier 1 ISP. The part of the network is known as the “Seattle Segment”. 4. Early in 2007, the City connected the Seattle Segment to 6 strands of the Hwy 99 segment which is now collectively known as the “Westin Segment”. 5. In August of 2007, the City installed a redundant Cisco 65xx switching fabric to interconnect the City Backbone with the Westin Segment to provide the City and certain Public, Education & Government (PEG) partners with high speed access to the internet as well as the State of Washington Inter-Governmental Network (IGN). 6. The Edmonds Public Works facility serves as the City’s Emergency Operations Center (EOC), and has substantial battery back-up as well as a large scale diesel generator installation that will provide continuous power in the event of a long term power outage. 7. Should the Westin Segment experience an outage, the EFN has an alternate physical route available to the internet that will automatically pick-up the traffic. The City also plans to have an alternate route to the internet through a provider not located in Seattle to provide non-stop connectivity in the event a catastrophic failure were to occur at the Westin facility. 8. All segments utilize single mode (SM) fiber. 9. Current City and Partner connections are both 2 fiber full duplex as well as single fiber full duplex. All new connections will be single fiber full duplex connections. The older two fiber connections will be transitioned to single strand over time. 10. City and Partner connections can be lit with either 100mbps or 1000mbps (1 gig) lasers depending on the customer’s requirements. Customer Specifications 1. Every connection to the EFN will have three components: a. EFN Facilities – Which includes all fiber optic cable, aerial supports and underground conduit (not on customer property) splice cases, switching and routing equipment that is located on the public side of the Customer Premises Demarcation Point (EFN - DEMARC). Page 10 of 12 Packet Page 100 of 188 Edmonds School District Broadband Agreement b. Customer Facilities – This includes any fiber-optic or copper cable that connects a customer’s systems (Routers, Firewalls, Switches or computers) to the EFN DEMARC c. EFN DEMARC - The DEMARC is the physical endpoint of the EFN facilities and is located inside the customer’s premises. Based on Customer requirements, the DEMARC can be Passive ( a non-powered fiber patch panel) or it can be Active (a non-powered fiber patch panel coupled to a fiber optic switch and optionally, a fiber-to-CAT 5 media converter) A small battery back-up device will be provided to ensure the Active DEMARC components remain operational during short term outages or power fluctuations. All DEMARC equipment whether passive or active is considered part of the EFN facilities from an ownership and management perspective. 2. Customers are required to provide a 15amp (min) power outlet within three feet of the EFN DEMARC location. This outlet does NOT need to be on a dedicated circuit, but should be sized to accommodate the load of the UPS during its rapid charge cycle. 3. Customers requiring non-stop EFN connectivity shall provide a circuit from the Customers continuous power source (UPS or Generator) to the UPS device powering the active DEMARC components. 4. At the time of contract signing, Customer and the City shall agree upon the location of the EFN DEMARC as well as the nature of the DEMARC components. 5. The City will provide Customer with a routable unique IP address for their connections as well as the addresses necessary to communicate with the EFN switching fabric. 6. Customer will be required to provide all interconnect cables required to connect their systems to the EFN demark. 7. Customers are not permitted to utilize the EFN UPS device for any purpose other than backing up the EFN DEMARC components 8. Customers are encouraged to share with the EFN support team details of their Disaster Recovery / Business Continuity (DRBC) Plan so that the EFN support team is aware of the personnel who should be contacted in the case of a long or short term outage. 9. The EFN support team will provide Customer with a DRBC plan for the EFN that the Customer can incorporate into their own DRBC planning. Page 11 of 12 Packet Page 101 of 188 Edmonds School District Broadband Agreement EXHIBIT B Pricing Matrix 1. The following Pricing Matrix reflect the agreed upon pricing to be used for the term of this agreement 2. The District has chosen a minimum bandwidth commitment of 10 Mbps for the term of the agreement. This minimum commitment can be modified UPWARD given 30 days notice pursuant to the terms of Section 6.4.3.2 of this agreement. 3. Pricing Matrix: Edmonds Fiber Network - w/minimum BW Commitment Monthly Charges Minimum Committed Usage (MB) Port Charge Capital Amortization Maint Bandwidth Total Per MB 10 $50 $158 $40 $650 $898 $65 15 $50 $158 $40 $930 $1,178 $62 20 $50 $158 $40 $1,200 $1,448 $60 30 $50 $158 $40 $1,710 $1,958 $57 50 $50 $158 $40 $2,600 $2,848 $52 4. If the District’s monthly usage based on the 95th percentile calculation method is 10mb or less the monthly charge will be $898 plus any applicable taxes. 5. If the District’s monthly usage based on the 95th percentile calculation method exceeds 10mb, the monthly charge will be calculated as follows: Example: (Assuming 11.25mb usage for the period) Component Calculation Charge Port Charge Fixed Rate Component $50.00 Amortized Capital Costs Fixed Rate Component $158.00 Maintenance Charge Fixed Rate Component $40.00 Minimum Bandwidth Charge Minimum Bandwidth Charge $650.00 Bandwidth Overage (Assuming actual bandwidth at 11.25mb for the period) 11.25 – 10.00= 1.25mb x $65 = $81.25 $81.25 Total Total Monthly Charge for 11.25 Mbps $979.25 Page 12 of 12 Packet Page 102 of 188 AM-1348 2.F. PFD Contingent Loan Agreement Edmonds City Council Meeting Date:01/15/2008 Submitted By:Dan Clements Time:Consent Department:Administrative Services Type:Action Review Committee:Finance Action:Approved for Consent Agenda Information Subject Title Public Facilities District Contingent Loan Agreement Recommendation from Mayor and Staff Approve Contingent Loan Agreement Previous Council Action Approved by Finance Committee on December 11, 2007. The City Council has previously approved backing an interim construction loan for the Edmonds Public Facilities District. Narrative This Contingent Loan Agreement is a precursor to the City's backing an Edmonds Public Facilities District bond issue of approximately $3.5 million that will replace a currently outstanding interim construction loan. This agreement differs from the interim guarantee in that the Bank of America is dropped as an interested part, and the guarantee will be for a 20 year bond issue. It is anticipated the interest rate on the permanent financing will be lower than the interim loan. Fiscal Impact Attachments Link: Contingent Loan Agreement Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 01/09/2008 01:09 PM APRV 2 Mayor Gary Haakenson 01/09/2008 01:41 PM APRV 3 Final Approval Sandy Chase 01/09/2008 01:49 PM APRV Form Started By: Dan Clements  Started On: 01/09/2008 11:51 AM Final Approval Date: 01/09/2008 Packet Page 103 of 188 50858933.3 CITY OF EDMONDS, WASHINGTON ORDINANCE NO. ____ AN ORDINANCE of the City of Edmonds, Washington, approving and authorizing the making of loans to the Edmonds Public Facilities District; authorizing the execution and delivery of a contingent loan agreement and related documents; authorizing certain other actions in connection therewith; and fixing a time when the same shall be effective. Adopted January __, 2008 This document prepared by: Foster Pepper PLLC 1111 Third Avenue, Suite 3400 Seattle, Washington 98101 (206) 447-4400 Packet Page 104 of 188 50858933.3 CITY OF EDMONDS, WASHINGTON Ordinance No. ____ AN ORDINANCE of the City of Edmonds, Washington, approving and authorizing the making of loans to the Edmonds Public Facilities District; authorizing the execution and delivery of a contingent loan agreement and related documents; authorizing certain other actions in connection therewith; and fixing a time when the same shall be effective. WHEREAS, the City of Edmonds, Washington (the “City”), is authorized by chapter 67.28 RCW to acquire and operate “tourism-related facilities;” and WHEREAS, RCW 67.28.130 authorizes the City and the Edmonds Public Facilities District (the “District”) to participate in the financing of all or any part of a tourism-related facility on such terms as may be fixed by agreement between the respective legislative bodies without submitting the matter to a vote of the electors thereof, unless the provisions of the general laws of this state applicable to the incurring of indebtedness require such submission; and WHEREAS, the City and the District have previously engaged in the cooperative financing, acquisition, construction, equipping, operation and maintenance of a tourism-related facility known as the Edmonds Centre for the Arts (the “Regional Center”); and WHEREAS, the District intends to issue approximately $3,600,000 of its General and Revenue Obligation Bonds, Series 2008 (the “Bonds”) for the purpose of: (a) prepaying and redeeming in a current refunding all outstanding amounts drawn under the District’s Not to Exceed $7,000,000 General and Revenue Obligation Line of Credit Note, 2005 (originally issued to provide funds to complete the construction of the Regional Center and other related costs and to provide interim financing upon completion) and to pay certain fees and the costs of issuance and sale of the Bonds (collectively, the “Project”); and WHEREAS, pursuant to RCW 67.28.130, the City and the District intend to enter into a Contingent Loan Agreement substantially in the form attached hereto as Exhibit A (the “Contingent Loan Agreement”) to provide credit support for the Bonds to the extent required if the Sales Tax Revenue and General Revenue (as defined in the Contingent Loan Agreement) are not sufficient to pay debt service on the Bonds; and WHEREAS, The City Council finds and determines that the City’s participation in the financing of the Regional Center will enable the District to obtain financing at the lowest interest rates available and, because of the mutual economic investments to be made in the Regional Packet Page 105 of 188 50858933.3 Center by the City and the District, will benefit both the District and the City, and therefore has determined that it is appropriate and in the best interests of the City and its citizens to execute the Contingent Loan and Agreement. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS DOES ORDAIN AS FOLLOWS: Section 1. Approval of Contingent Loan Agreement. The Contingent Loan Agreement attached as Exhibit A, and incorporated herein by reference, is approved, and the Mayor is authorized and directed to execute and deliver the Contingent Loan Agreement on the City’s behalf in substantially the form set forth as Exhibit A, with such changes as may be approved by the Mayor or the Finance Director consistent with its purpose. The Mayor and the Finance Director are each authorized to make such additional adjustments and amendments to the provisions of the Contingent Loan Agreement as may be approved by the District and as they deem to be consistent with the purposes of this Ordinance. Section 2. Loans to District Authorized. The City shall make loans to the District at the times, in the amounts and subject to the terms and conditions specified in the Contingent Loan Agreement. Section 3. Transfer of Funds. The City shall make loans to the District by transferring money to the Debt Service Fund (as defined in the Contingent Loan Agreement) for the account of District at the times, in the amounts and subject to the terms and conditions specified in the Contingent Loan Agreement. Section 4. General Authorization and Ratification. The Administrative Services Director, Mayor and other appropriate officers of the City are authorized and directed to take any actions and to execute such documents as in their judgment may be necessary or desirable to carry out the terms of, and complete the transactions contemplated in connection with this Ordinance and the Contingent Loan Agreement. The Administrative Services Director is further authorized to give the City’s approval under Section 8.7 of the Contingent Loan Agreement for the issuance of Additional Bonds by the District if, in his judgment, the conditions in Section 8.7 of the Contingent Loan Agreement are met. All actions previously taken in furtherance of and not inconsistent with the provisions of this ordinance are hereby ratified and confirmed in all respects. Packet Page 106 of 188 50858933.3 Section 5. Effective Date. This ordinance shall take effect and be in full force from and after its passage and five days following its publication as required by law. This ordinance is the exercise of a power delegated to the City Council and is not subject to referendum. PASSED by the City Council at a regular open public meeting thereof this ___ day of January, 2008. Mayor ATTEST: City Clerk APPROVED AS TO FORM: City Attorney Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Packet Page 107 of 188 50858933.3 EXHIBIT A Form of Contingent Loan Agreement [This space intentionally left blank.] Packet Page 108 of 188 50858933.3 CERTIFICATION I, the undersigned, City Clerk of the City of Edmonds, Washington (the “City”), hereby certify as follows: 1. The foregoing Ordinance No. _____ (the “Ordinance“) is a full, true and correct copy of the Ordinance duly passed at a regular meeting of the City Council of the City held at the regular meeting place thereof on January __, 2008, as that Ordinance appears on the minute book of the City; and the Ordinance will be in full force and effect five days after the publication of its summary in the City’s official newspaper; and 2. A quorum was present throughout the meeting and a sufficient number of members of the City Council voted in the proper manner for the passage of the Ordinance. IN WITNESS WHEREOF, I have hereunto set my hand this ____ day of December, 2008. CITY OF EDMONDS, WASHINGTON City Clerk ( S E A L ) Packet Page 109 of 188 FP Draft 12/31/2007 50858661.5 CONTINGENT LOAN AGREEMENT by and between THE CITY OF EDMONDS and THE EDMONDS PUBLIC FACILITIES DISTRICT relating to the EDMONDS PUBLIC FACILITIES DISTRICT $_________ GENERAL AND REVENUE OBLIGATION BONDS, SERIES 2008 Dated as of January __, 2008 This document prepared by: Foster Pepper PLLC 1111 Third Avenue, Suite 3400 Seattle, Washington 98101 (206) 447-4400 Packet Page 110 of 188 FP Draft 12/31/2007 50858661.5 TABLE OF CONTENTS ARTICLE 1. Recitals..................................................................................................................................................1 ARTICLE 2. Definitions.............................................................................................................................................2 ARTICLE 3. Loans to the District; Repayment Terms...........................................................................................2 Section 3.1 Loans to the District .........................................................................................................................2 Section 3.2 Procedures Under Guarantee; Time and Amount of Loans..............................................................3 Section 3.3 Covenants Regarding Debt Limit and Additional Debt....................................................................4 Section 3.4 Repayment Terms.............................................................................................................................5 Section 3.5 Nature of District’s Obligation.........................................................................................................5 Section 3.6 Nature of City’s Obligation..............................................................................................................6 Section 3.7 City Acknowledgments ....................................................................................................................6 ARTICLE 4. Rights of City Upon Making Loans....................................................................................................6 Section 4.1 Rights of the City..............................................................................................................................6 ARTICLE 5. Additional Obligations and Covenants...............................................................................................7 Section 5.1 Agreement to Issue Bonds................................................................................................................7 Section 5.2 Third Party Beneficiary....................................................................................................................7 Section 5.3 Representations and Warranties of the District. ...............................................................................7 Section 5.4 Additional Covenants and of the District. ........................................................................................7 ARTICLE 6. Remedies Upon Default .......................................................................................................................9 Section 6.1 Remedies of City on Default............................................................................................................9 Section 6.2 Remedies of District on Default.......................................................................................................9 Section 6.3 No Remedy Exclusive......................................................................................................................9 Section 6.4 No Implied Waiver...........................................................................................................................9 Section 6.5 Agreement to Pay Attorneys’ Fees and Expenses ............................................................................9 Section 6.6 Dispute Resolution ...........................................................................................................................9 ARTICLE 7. Hold Harmless....................................................................................................................................10 ARTICLE 8. Miscellaneous......................................................................................................................................10 Section 8.1 Continuing Disclosure Undertaking of the City .............................................................................10 Section 8.2 Governing Law; Venue ..................................................................................................................11 Section 8.3 Notices............................................................................................................................................11 Section 8.4 Binding Effect ................................................................................................................................11 Section 8.5 Severability.....................................................................................................................................12 Section 8.6 Amendments...................................................................................................................................12 Section 8.7 Additional Debt..............................................................................................................................12 Section 8.8 Waiver of Breach............................................................................................................................12 Section 8.9 No Rights Created in Third Parties.................................................................................................12 Section 8.10 Time of Essence .............................................................................................................................12 Section 8.11 Effective Date of and Termination of Agreement ..........................................................................13 Packet Page 111 of 188 FP Draft 12/31/2007 50858661.5 –1– CONTINGENT LOAN AGREEMENT RELATING TO THE EDMONDS PUBLIC FACILITIES DISTRICT’S $_________ GENERAL AND REVENUE OBLIGATION BONDS, SERIES 2008 This CONTINGENT LOAN AGREEMENT (this “Agreement”) is dated as of January [__], 2008, by and between THE CITY OF EDMONDS (the “City”), a code city organized under the laws of the State of Washington, the EDMONDS PUBLIC FACILITIES DISTRICT (the “District”), a municipal corporation established by the City of Edmonds and duly organized and existing under and by virtue of the laws of the state of Washington (together, the “Parties”). The City and the District enter into this Agreement solely for the purpose of providing credit support for the District’s General and Revenue Obligation Bonds, 2008, issued in the principal amount of $__________ pursuant to Resolution No. ___ of the District adopted on [January __, 2008] (the “Bond Resolution”). The Parties agree as follows: ARTICLE 1. Recitals The following facts and circumstances form the background of this Agreement: 1. The District is a duly organized and legally existing municipal corporation of the State of Washington. The District and the City are authorized by applicable provisions of state law, including chapters 35.57 and 35.59 RCW, and RCW 82.14.390, to acquire, construct, own, remodel, maintain, equip, repair and operate a regional center (including multipurpose community centers and special events centers) and related parking facilities. 2. The City and the District have the authority to enter into interlocal agreements under chapters 35.57, 35.59 and 67.28 RCW for joint and cooperative action, including provisions to finance joint or cooperative undertakings, multipurpose community centers, regional centers and tourism-related facilities, and to provide for services to be provided by one government to another. 3. The District’s Board of Directors (the “Board”) has previously found and determined that the residents of the District and the region will benefit from the District’s acquisition, construction, operation and maintenance of a performing arts center, known as the Edmonds Center for the Arts (the “Regional Center”), which will provide for meetings, conferences, community events, trade shows, and artistic, musical, theatrical or other cultural exhibitions, presentations or performances. 4. As authorized by RCW 35.57.040(1)(d) and RCW 82.14.390, the District has since 2001 imposed and collected a 0.033% sales and use tax to assist in financing the design, Packet Page 112 of 188 FP Draft 12/31/2007 50858661.5 –2– development, acquisition, construction, operation and management of the Regional Center, which taxing authority will expire when the bonds issued for the construction of the Regional Center and related parking facilities are retired, but not later than 2026, which is twenty-five years after the tax was first collected. 5. The District has entered into an Interlocal Agreement (the “Interlocal Agreement”) with the City, the Snohomish County Public Facilities District (the “County PFD”) and Snohomish County (the “County”), dated November 4, 2002, regarding the joint development and operation of the Regional Center and pursuant to which the City, the County PFD and the County have agreed to make payments to the District to support such joint development and operation. 6. The City began construction of the Special Events Center in [July, 2007], financed with available funds of the City [and State Grant?]; 7. Pursuant to RCW 35.57.030, the Board desires to issue not to exceed $________ of its General and Revenue Obligation Bonds, Series 2008 (the “Bonds”), payable from Sales Tax Revenue and General Revenue (as described herein) for the purpose of prepaying and redeeming all outstanding amounts drawn under the District’s not to exceed $7,000,000 General and Revenue Obligation Line of Credit Note, 2005 issued to provide funds needed to complete construction of the Regional Center and other related costs and to provide interim financing upon completion (the “Prior Note”), and paying certain fees and the costs of issuance and sale of the Bonds (collectively, the “Project”). 8. In connection with the Prior Note, the City, the District and Bank of America, N.A. entered into a Guarantee Agreement, dated as of October 26, 2005 (the “Prior Guarantee”), which will be released upon the refunding of the Prior Note. 9. The District has requested that the City provide, for the benefit of the holders of the Bonds, credit support to the District to permit the District to obtain financing for the Project at the lowest interest rates available. 10. The City is willing to provide credit support for the District’s Bonds and has authorized the execution of a contingent loan agreement pursuant to its Ordinance No. [___], adopted on [December __, 2007] and effective as of [December __, 2007] (the “City Authorizing Ordinance”). ARTICLE 2. Definitions Unless the context clearly requires otherwise, capitalized terms used in this Agreement have the meanings given such terms in the Bond Resolution. ARTICLE 3. Loans to the District; Repayment Terms Section 3.1 Loans to the District. The City shall lend money to the District at the times and in the amounts set forth in Section 3.2. The District shall borrow the amounts Packet Page 113 of 188 FP Draft 12/31/2007 50858661.5 –3– described above from the City pursuant to this Agreement for the purpose of paying debt service on the Bonds. The City irrevocably agrees to disburse all loans made hereunder directly to the District, and the District irrevocably agrees to immediately apply all such amounts received by it for the purpose of meeting its obligations under the Bonds. The aggregate principal amount of outstanding loans to be made by the City pursuant to this Agreement shall not exceed the outstanding principal amount of the Bonds, plus all interest accrued on the Bonds. Section 3.2 Procedures Under Guarantee; Time and Amount of Loans. (1) Notice of Insufficiency. On the 1st day of the month preceding each Debt Service Payment Date (or if the 1st is not a Business Day, then on the next Business Day), the District shall review the amount on deposit in the Debt Service Fund to determine whether there will be sufficient money available in the Debt Service Fund to make the required payment due on the upcoming Debt Service Payment Date. If, upon such review, it appears that the money available in the Debt Service Fund will be insufficient to make that payment, the District shall provide the City a notice in substantially the form attached hereto as Exhibit A (a “Notice of Insufficiency”) within five days after the date on which the review was required. Failure of the District to give a Notice of Insufficiency to the City shall not relieve the City of its obligation to make loans upon demand by the District under subsection (4) of this section. (2) Budgeting for Loans. Upon receipt of a Notice of Insufficiency from the District, the City shall, to the extent necessary, include in its budget the amounts required to make the loans described in subsection (4) of this section. If the need to budget for such loans was not reasonably foreseeable at the time the City prepared its biennial budget, the City shall budget for such loans under Title 35A RCW and the Edmonds Municipal Code in sufficient time to provide for the loans described in subsection (4). (3) Cancellation Notices. If, at any time before 10 a.m. (Pacific time) on the 24th day of the month preceding an upcoming Debt Service Payment Date for which the District has given a Notice of Insufficiency (or, if the 24th is not a Business Day, the Business Day preceding the 24th), the District determines that there will be sufficient money available in the Debt Service Fund to make the required payment due on the upcoming Debt Service Payment Date, the District shall provide, prior to 5 p.m. on the same day, a notice to the City in substantially the form attached hereto as Exhibit B (a “Cancellation Notice”). Delivery of a Cancellation Notice by the District to the City shall not relieve the City of its obligations to make loans upon demand by the District under subsection (4) of this section. (4) Loans. For as long as any Bonds remain outstanding, the City shall, no later than 10 a.m. on the business day preceding that Debt Service Payment Date, lend to the District an amount that, when added to the money available in the Debt Service Fund, is sufficient to make all make all payments of principal of and interest on the Bonds due on the upcoming Debt Service Payment Date. The City shall, upon demand by the District in accordance with Section 3.1, cause the amount of each loan hereunder to be transferred to the District in United States Dollars and immediately available funds. (5) Method of Notice. Notices of Insufficiency and Cancellation Notices shall be sent by the District to the City Administrative Services Director by hand delivery or facsimile Packet Page 114 of 188 FP Draft 12/31/2007 50858661.5 –4– (which facsimile shall be promptly confirmed by telephone communication to the City Administrative Services Director). The original of each such notice also shall be mailed to the City pursuant to Section 8.3. Any failure by the District to send such notices shall not nullify the City’s obligation to make loans to the District hereunder, but may result in a delay by the City in transferring loan amounts to the District. (6) Assumed Payment Under Interlocal Agreement. Solely for the purpose of determining whether sufficient money will be available in the Debt Service Fund on any Debt Service Payment Date, the parties may assume that the City will make payments to the District at the times, and in the amounts, required by the Interlocal Agreement, except to the extent expressly modified by this Agreement. Section 3.3 Covenants Regarding Debt Limit and Additional Bonds. (1) The District does not intend to submit this Agreement or any indebtedness created hereunder to qualified electors of the District for approval. Under RCW 35.57.030 and existing laws, the District may incur non-voted indebtedness in an aggregate amount equal to one-half of one percent of the value of the taxable property within the District. In light of the foregoing, and to comply with RCW 67.28.130, the District agrees not to incur additional indebtedness after the Bonds are issued unless prior written approval is obtained in accordance with Section 8.7 of this Agreement and Section 19 of the Bond Resolution. (2) In the event the District lacks sufficient non-voted debt capacity to incur indebtedness resulting from a loan from the City in the amount determined under Section 3.2, the District shall incur indebtedness for an amount equal to the District’s remaining non-voted debt capacity, if any, and any loan amount greater than the District’s then-remaining non-voted debt capacity shall be deemed an equity payment by the City to the District in exchange for an interest in the Regional Center, which need not be repaid pursuant to Section 3.4. Within 60 days after any such equity payment by the City, the District shall deliver to the City a quitclaim deed conveying to the City a tenancy-in-common interest in the Regional Center. Such interest shall be a percentage ownership interest in the Regional Center, the numerator of which shall be the sum such equity payment and the costs of transferring title and recording such quitclaim deed, and the denominator of which shall be the aggregate original principal amounts of: (a) the Bonds, (b) all bonds issued by the City to finance the Regional Center, and (c) any other bonds issued by the District to finance the Regional Center (excluding the Prior Note and any bonds, or any portion thereof, issued to refinance bonds issued by the City or the District to finance the Regional Center). (3) The City will reconvey to the District, by means of a quitclaim deed, all of the City’s interest in the Regional Center acquired pursuant to subsection (2) of this Section if the District pays to the City an amount equal to the sum of: (a) all payments made by the City to the District in exchange for an interest being reconveyed to the District; plus (b) all costs incurred by the City relating to the transfer of title and recording of deed(s); plus Packet Page 115 of 188 FP Draft 12/31/2007 50858661.5 –5– (c) interest on the sum of the amounts described by clauses (a) and (b), calculated from the date(s) of the City’s payment thereof; plus (d) the costs of transferring title to the District and recording such quitclaim deed. The rate of interest to be used for purposes of this calculation shall be the rate described in Section 3.4(2). (4) The transfers of interest authorized by this Section are intended to reflect the joint and cooperative nature of the financing of the Regional Center pursuant to chapters 35.57, 35.59 and 67.28 RCW. Section 3.4 Repayment Terms. (1) Repayment Terms . The principal amount of each loan to the District hereunder, together with interest thereon calculated as set forth in subsection (2) of this section, shall be repaid by the District from available Sales Tax Revenue and General Revenue during each calendar year after (a) the Debt Service Fund has been fully funded for such calendar year and (b) reasonable provision has been made for the operating expenses of the Regional Center. Such payments will be applied first to costs owed to the City, second, to interest owed to the City on account of outstanding loans made under this Agreement and third to the principal of all outstanding loans made under this Agreement in the order in which such loans were made. (2) Interest Rate. Each loan made under the terms of this Agreement will bear interest from the date of the loan until the date such loan is repaid. Interest on the loans will be calculated on the basis of a 365/366-day year, for the actual number of days elapsed. The rate of interest borne by each loan hereunder shall be a variable rate equal to the monthly average rate of return on the State of Washington Local Government Investment Pool (or its successor), as determined as of the last day of each month in which a loan is outstanding, and shall change monthly as of the first day of each month in which a loan is outstanding. The City may in its discretion charge a lower rate of interest. Absent manifest error, all calculations of the City Administrative Services Director shall be binding upon the District. (3) Maturity. Unless paid earlier pursuant to subsection (1) of this section, all loans hereunder shall mature on December 31 of the year of expiration of the District’s authority to impose the Sales Tax under RCW 82.14.390, as it may be amended from time to time, but not earlier than 2026, which is the year that is twenty-five years after the tax was first collected. If any loan has not been repaid under this Agreement on the loan maturity date described in this Section 3.4(3), the City shall acquire an ownership interest in the Regional Center equal to the unpaid principal and interest due to the City on that loan maturity date, and the District shall execute and deliver a quitclaim deed and such other documents as may be necessary to convey this interest to the City as described in Section 3.3, and the District’s obligation to repay the loan under this Agreement shall be discharged. Section 3.5 Nature of District’s Obligation. The District’s obligation to make the loan repayments to the City from the sources identified herein and to perform and observe the other obligations on its part contained herein shall be absolute and unconditional, and shall not be subject to diminution by setoff, counterclaim, abatement or otherwise. The full faith, credit Packet Page 116 of 188 FP Draft 12/31/2007 50858661.5 –6– and resources of the District are hereby pledged for the payment of all amounts owed to the City under this Agreement. The District’s obligations under this Agreement shall continue in effect and shall survive the satisfaction of the District’s obligations under the Bonds and the Bond Resolution until such time as principal and interest due to the City pursuant to any loan or loans made hereunder have been repaid, together with any costs owed to the City pursuant to Section 6.5 and Article 7. To further its ability to make such payments to the City, the District hereby irrevocably covenants and agrees to continue imposing the Sales Tax as permitted under RCW 82.14.390 for so long as the Bonds remains outstanding or any District obligation to pay any amount to the City under this Agreement remains outstanding. Section 3.6 Nature of City’s Obligation. The City’s obligation to advance funds to the District in the amounts, at the times, under the conditions and in the manner described herein shall be absolute and unconditional, and shall not be subject to diminution by setoff, counterclaim, abatement or otherwise. The full faith, credit and resources of the City are pledged irrevocably to make the loans, in the amounts, at the times, in the manner and subject to the limitations described herein, regardless of whether the Regional Center is operating at any particular time. The obligations of the City hereunder shall terminate upon payment in full of the principal of and interest on the Bonds. For each fiscal year during the term of this Agreement, the City agrees that it will include in its budget and appropriate an amount that the City reasonably expects to be necessary to fulfill its obligation to make loans to the District under the terms of this Agreement. Failure to so budget shall not be a default under this Agreement if the City fulfills its obligation to make loans to the District as required under this Article III. Section 3.7 City Acknowledgments. The City acknowledges and agrees that the District will pledge to the payment of the Bonds: (a) the loan proceeds it receives under this Agreement; (b) the Sales Tax Revenues, junior only to the lien granted in connection with the City’s Limited Tax General and Revenue Obligation Bonds, 2002; (c) the District’s General Revenue; and (d) proceeds of fundraising efforts for the Project as described in [Section __] of the Bond Resolution. ARTICLE 4. Rights of City Upon Making Loans Section 4.1 Rights of the City . If the City has made any loans to the District under this Agreement and such loans have not been repaid in full (whether or not the loan is in default), the City may take any one or more of the following steps: (1) The City may have access to and inspect, examine and make copies of the books and records and any and all accounts and data of the District; and (2) With the consent of the parties to the Interlocal Agreement, the City may, but shall not be required to, appoint a manager (which may be the City) or a receiver for the Regional Center. Any manager or receiver appointed pursuant to this subsection (2) shall have, in addition to all the rights and powers customarily given to and exercised by receivers, all rights of the District to manage, operate and maintain the Regional Center and shall have all other rights of the District to exercise its rights and powers in the same manner and to the same Packet Page 117 of 188 FP Draft 12/31/2007 50858661.5 –7– extent that the District could do, including without limitation the execution, enforcement and termination of contracts providing for management or maintenance of the Regional Center, all on such terms as are deemed best by the City to protect its interests under this Agreement. The City, or the manager or receiver appointed by the City, shall be entitled to receive a reasonable fee for managing the Regional Center. The City shall not enter into an agreement with a manager unless it receives written confirmation from nationally recognized bond counsel that the agreement will not adversely affect the tax-exempt nature of interest on the Bonds for federal income tax purposes. ARTICLE 5. Additional Obligations and Covenants Section 5.1 Agreement to Issue Bonds. The District shall issue the Bonds in accordance with the Bond Resolution and this Agreement in the principal amount of [$___________], which amount does not to exceed the amount necessary to finance or refinance the Regional Center in accordance with the Project Budget. Section 5.2 Third Party Beneficiary. Each covenant and commitment of the District in the Bond Resolution is incorporated herein for the further benefit of the City, and the City shall be a third party beneficiary of the contract of the District set forth in the Bond Resolution. Section 5.3 Representations and Warranties of the District. (1) Commencement of Construction Prior to January 1, 2004. The District represents that it commenced construction (within the meaning of RCW 82.14.390) of the Regional Center before January 1, 2004. (2) Regarding the Regional Center. The District has, and will have, as long as any Bonds or Additional Bonds remain outstanding, good right and lawful authority to proceed with the development of the Regional Center and to provide for the maintenance, operation, improvement and construction of the Regional Center. The District shall not release or modify the obligations of any user of the Regional Center that would in any way limit any such user’s obligation to make payment of such rents, rates, fees or other charges imposed by the District for such use of the Regional Center. The foregoing shall not prohibit the District from establishing reduced rates and charges, or eliminating rates and charges, for the use of the Regional Center for certain classes of users of the Regional Center if and as appropriate, as long as charges are applied on a fair and nondiscriminatory basis. Section 5.4 Additional Covenants and of the District. (1) Operation of Regional Center. The District agrees that it shall cause the Regional Center to be operated and maintained in a business-like fashion (including the maintenance of proper and customary property and liability insurance with respect to the Regional Center) as both a “tourism-related facility” (within the meaning of RCW 67.28.080(7)) and a “regional center” (within the meaning of RCW 35.57.020) and shall cause all books and records to be maintained with respect thereto. Packet Page 118 of 188 FP Draft 12/31/2007 50858661.5 –8– (2) Reporting. The District shall provide the City (at the notice address set forth in Section ___) with a quarterly report summarizing actual financial activity and financial expectations for the following four quarters. (3) No Liens. Neither the City nor the District shall grant or permit any lien (other than consensual liens such as contractors’ liens) against the Regional Center or its interest therein which, if unpaid, might become a lien or charge upon the Sales Tax Revenue, or any part thereof, prior to or superior to the lien of the Bonds and any Additional Bonds, or which might impair the security of the Bonds and any Additional Bonds. (4) Enforcement of Obligations. The District shall take all reasonable measures permitted by law to enforce payment to it of all Sales Tax Revenue and any payments due to it under the Interlocal Agreement, and shall at all times, to the extent permitted by law, defend, preserve and protect the rights, benefits and privileges of the District and of the Registered Owners under or with respect to the Bond Resolution. (5) Ownership, Sale, Transfer or Disposition of the Regional Center. The District shall be the owner of the Regional Center except to the extent the City acquires any interest therein pursuant to Section 3.3 of this Agreement. Except pursuant to Section 3.3, the District will not sell, transfer or otherwise dispose of any facilities or property (real or personal) comprising a part of the Regional Center, except upon approval by resolution of the Board and only consistent with one or more of the following: (a) The District in its discretion may sell, transfer or dispose (each, as used in this subparagraph, a “transfer”) of facilities or property that is not material to the operation of the Regional Center, or which has become unserviceable, inadequate, obsolete or unfit to be used in the operation of the Regional Center or is no longer necessary, material or useful to the operation of the Regional Center; or (b) The District in its discretion may transfer facilities or property if the District receives from the transferee in a bona fide, arm’s length transaction an amount equal to the fair market value of the facilities or property so transferred. As used herein, “fair market value” means the most probable price that a property should bring in a competitive and open market under all conditions requisite to a fair sale, the willing buyer and willing seller each acting prudently and knowledgeably. The proceeds of any transfer under this subparagraph (ii) shall be used (1) to promptly redeem, or irrevocably set aside for the redemption of, the District’s outstanding Bonds or Additional Bonds, and/or (2) to provide for all or part of the cost of capital improvements and/or additions to or expansions of the Regional Center. Nothing in the foregoing is intended to restrict the transfer of the facilities or property to the City pursuant to the Interlocal Agreement or to permit transfers not permitted under the Interlocal Agreement. Packet Page 119 of 188 FP Draft 12/31/2007 50858661.5 –9– ARTICLE 6. Remedies Upon Default Section 6.1 Remedies of City on Default. Upon the occurrence of a default by the District in its obligations hereunder, the City may proceed to protect and enforce its rights in equity or at law, either in mandamus or for the specific performance of any covenant or agreement contained herein, or for the enforcement of any other appropriate legal or equitable remedy, as the City may deem most effectual to protect and enforce any of its rights or interests hereunder; provided that the City may not enforce repayment of the loans until repayment in full of the principal of and interest on the Bonds. Section 6.2 Remedies of District on Default. Upon the occurrence of a default by the City in its obligations to make loans to the District hereunder, the District may proceed to protect and enforce its rights in equity or at law, either in mandamus or for the specific performance of any covenant or agreement contained herein, or for the enforcement of any other appropriate legal or equitable remedy, as the District may deem most effectual to protect and enforce any of its rights or interests hereunder. Section 6.3 No Remedy Exclusive. No remedy conferred upon or reserved to either party by this Agreement is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute, and either party hereto shall be free to pursue, at the same time, each and every remedy, at law or in equity, which it may have under this Agreement, or otherwise. Section 6.4 No Implied Waiver. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. For the exercise of any remedy, it shall not be necessary to give any notice, other than such notice as may be expressly required herein. Section 6.5 Agreement to Pay Attorneys’ Fees and Expenses. If a default arises under any of the provisions of this Agreement and either party hereto should employ attorneys or incur other expenses for the collection of amounts due under this Agreement or the enforcement of performance or observance of any obligation or agreement on the part of the other party contained in this Agreement, on demand therefor, the nonprevailing party shall pay or reimburse the prevailing party for the reasonable fees of such attorneys and such other expenses so incurred. Section 6.6 Dispute Resolution. The parties may mediate any dispute over the interpretation of any terms or conditions under this Agreement. Mediation will be made available upon request of either party. The costs associated with any such mediation shall be shared equally by the parties. Packet Page 120 of 188 FP Draft 12/31/2007 50858661.5 –10– ARTICLE 7. Hold Harmless As between the City and the District, the District shall assume the risk of, be liable for, and pay all damage, loss, cost and expense of any party, including its employees, arising out of the performance of this Agreement, except that caused by negligence and/or willful misconduct solely of the City and its employees acting within the scope of their employment. The District shall hold harmless the City and its officers, elected officials, agents, and employees against all claims, losses, suits, actions, costs, counsel fees, litigation costs, expenses, damages, judgments or decrees by reason of damage to any property or business and/or any death, injury or disability to or of any person or party, including any employee, arising out of or suffered, directly or indirectly, by reason of or in connection with the performance of this Agreement or any act, error or omission of the District or the District’s employees, agents, or subcontractors, whether by negligence or otherwise, but only after repayment in full of the principal of and interest on the Bonds. The District’s obligation shall include, but not be limited to, investigating, adjusting and defending all claims against the City alleging loss from action, error or omission or breach of any common law, statutory or other delegated duty by the District, the District’s employees, agents or subcontractors. ARTICLE 8. Miscellaneous Section 8.1 Continuing Disclosure Undertaking of the City. To meet the conditions of paragraph (d)(2) of United States Securities and Exchange Commission (“SEC”) Rule 15c2 12 (the “Rule”), as applicable to a participating underwriter for the Bonds, the City undertakes for the benefit of holders of the Bonds to provide to each NRMSIR and the SID (as those terms are defined in the Rule), the following annual financial information: (i) annual financial statements for the City prepared (except as noted in the financial statements) in accordance with generally accepted accounting principles applicable to Washington governmental units such as the City, as such principles may be changed from time to time, which statements need not be audited, except, however, that if and when audited financial statements are otherwise prepared and available to the City they will be provided; (ii) statements of authorized, issued and outstanding general obligation debt of the City; (iii) statements of assessed valuation of property within the City subject to ad valorem taxation for the fiscal year; and (iv) the ad valorem regular property tax levy rate and regular property tax levy rate limit for the fiscal year. Such annual financial information shall be provided not later than the last day of the ninth month after the end of each fiscal year of the City (currently, a fiscal year ending December 31), as such fiscal year may be changed as required or permitted by State law, commencing with the City’s fiscal year ending December 31, 2007. It may be provided in a single or multiple documents, and may be incorporated by reference to other documents that have been filed with each NRMSIR and the SID, or, if the document incorporated by reference is a “final official statement” with respect to obligations of the City, that has been filed with the MSRB. Packet Page 121 of 188 FP Draft 12/31/2007 50858661.5 –11– The City’s obligations under this undertaking shall terminate upon the legal defeasance of all of the Bonds. In addition, the City’s obligations under this undertaking shall terminate if those provisions of the Rule which require the City to comply with this undertaking become legally inapplicable in respect of the Bonds for any reason, as confirmed by an opinion of nationally recognized bond counsel or other counsel familiar with federal securities laws delivered to the City and the District, and the District provides timely notice of such termination to each NRMSIR or the MSRB and the SID. To the extent authorized by the SEC, the City may satisfy this undertaking by transmitting the required filings using http://www.disclosureusa.org (or such other centralized dissemination agent as may be approved by the SEC). Section 8.2 Governing Law; Venue. This Agreement is governed by and shall be construed in accordance with the substantive laws of the State of Washington and shall be liberally construed so as to carry out the purposes hereof. Except as otherwise required by applicable law, any action under this Agreement shall be brought in the Superior Court of the State of Washington in and for Snohomish County. Section 8.3 Notices. Except as otherwise provided herein, all notices, consents or other communications required hereunder shall be in writing and shall be sufficiently given if addressed and hand delivered or mailed by certified or registered mail, postage prepaid and return receipt requested, as follows: To the City: City of Edmonds 121 Fifth Avenue North Edmonds, WA 98020 Attention: Finance/Administrative Services Director Fax: (425) 771-0265 Telephone: (425) 771-0240 To the District: Edmonds Public Facilities District 121 Fifth Avenue North Edmonds, WA 98020 Attention: PFD Treasurer Fax: (425) 771-0265 Telephone: (425) 771-0240 The City or the District may designate any further or different addresses to which subsequent notices, certificates, requests or other communications shall be sent by giving notice of such change to the other party. Notices shall be deemed served upon deposit of such notices in the United States mail in the manner provided above. Section 8.4 Binding Effect. This Agreement shall inure to the benefit of the City, the District and the holders of the Bonds and shall be binding upon the City and the District and their successors. This Agreement may not be assigned. Packet Page 122 of 188 FP Draft 12/31/2007 50858661.5 –12– Section 8.5 Severability. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. Section 8.6 Amendments. This Agreement may be amended, changed, modified or altered by an instrument in writing duly executed by the City and the District (or the successors in title of each) if, in the opinion of bond counsel, such amendment will not adversely affect the security for the Bonds or tax exemption of interest on the Bonds. This Agreement may not be terminated until the Bonds are no longer outstanding, unless the City has assumed all liability for payment of the principal of and interest on the Bonds when due and has pledged its full faith and credit to such payment. Section 8.7 Additional Debt. So long as the Bonds remain outstanding and the Contingent Loan Agreement remains in effect, the District shall not incur any additional indebtedness, other than in the ordinary course of business, without the prior written consent of the City. Such consent shall not be unreasonably withheld if the following conditions are met at the time: (a) The District is not in default under this Agreement or under the Bond Resolution; (b) The proceeds of the additional debt will be used to fund capital expenditures relating to the Regional Center; (c) The additional indebtedness will not cause the District to exceed its non-voted debt capacity under RCW 35.57.030(1); and (d) No ownership interest in the Regional Center has been transferred to the City under Section 3.3(2) that has not been transferred back to the District under Section 3.3(3). Unless specified in a separate agreement or an amendment hereto, the City shall be under no obligation to make loans hereunder to pay debt service on any additional debt. Section 8.8 Waiver of Breach. No waiver of any breach of any covenant or agreement contained herein shall operate as a waiver of any subsequent breach of the same covenant or agreement or as a waiver of any breach of any other covenant or agreement, and in case of a breach by either party of any covenant, agreement or undertaking, the nondefaulting party may nevertheless accept from the other any payment or payments or performance hereunder without in any way waiving its right to exercise any of its rights and remedies provided for herein or otherwise with respect to any such default or defaults that were in existence at the time such payment or payments or performance were accepted by it. Section 8.9 No Rights Created in Third Parties. The terms of this Agreement are not intended to establish or to create any rights in any persons or entities other than the City, the District, the respective successors and assigns of each. Section 8.10 Time of Essence. Time and all terms and conditions shall be of the essence of this Agreement. Packet Page 123 of 188 FP Draft 12/31/2007 50858661.5 –13– Section 8.11 Effective Date of and Termination of Agreement. This Agreement shall take effect and shall supersede the Prior Guarantee Agreement as of the date first written above. Except as provided in Section 3.5, this Agreement shall terminate upon payment in full of all principal of and interest on the Bonds. Section 3.3 and Article 7 shall survive the termination of this Agreement. ORAL AGREEMENTS OR ORAL COMMITMENTS TO LEND MONEY, EXTEND CREDIT, OR FORBEAR FROM ENFORCING REPAYMENT OF A DEBT ARE NOT ENFORCEABLE UNDER WASHINGTON LAW. IN WITNESS WHEREOF, the City and the District have caused this Agreement to be executed in their respective names by their duly authorized officers, and have caused this Agreement to be dated as of the date set forth on the first page hereof. CITY OF EDMONDS, WASHINGTON ___________________________________ Mayor Attest: ___________________________________ City Clerk EDMONDS PUBLIC FACILITIES DISTRICT __________________________________ President, Board of Directors Attest: __________________________________ Secretary, Board of Directors Packet Page 124 of 188 FP Draft 12/31/2007 50560950.07 STATE OF WASHINGTON COUNTY OF SNOHOMISH ss. I certify that I know or have satisfactory evidence that ____________ and _____________ are the persons who appeared before me, and said persons acknowledged that said persons signed this instrument, on oath stated that said persons were authorized to execute the instrument and acknowledged it as the Mayor and Clerk, respectively, of the CITY OF EDMONDS, a municipal corporation of the State of Washington, to be the free and voluntary act of such municipal corporation for the uses and purposes mentioned in the instrument. Dated this ______ day of December, 2008. (Signature of Notary) (Legibly Print or Stamp Name of Notary) Notary public in and for the State of Washington, residing at My appointment expires STATE OF WASHINGTON COUNTY OF SNOHOMISH ss. I certify that I know or have satisfactory evidence that ____________ and _____________ are the persons who appeared before me, and said persons acknowledged that said persons signed this instrument, on oath stated that said persons were authorized to execute the instrument and acknowledged it as the President and Secretary, respectively, of Board of Directors of the EDMONDS PUBLIC FACILITIES DISTRICT, a municipal corporation of the State of Washington, to be the free and voluntary act of such municipal corporation for the uses and purposes mentioned in the instrument. Dated this ______ day of December, 2008. (Signature of Notary) (Legibly Print or Stamp Name of Notary) Notary public in and for the State of Washington, residing at My appointment expires Packet Page 125 of 188 FP Draft 12/31/2007 50560950.07 Exhibit A Form Notice of Insufficiency City of Edmonds 121 Fifth Avenue North Edmonds, WA 98020 Attention: Finance/Administrative Services Director VIA FACSIMILE (with telephone confirmation) Re: NOTICE OF INSUFFICIENCY Edmonds Public Facilities District General and Revenue Obligation Bonds, 2008 The undersigned, a duly authorized officer of the Edmonds Public Facilities District (the “District”), hereby certifies to the City of Edmonds, Washington (the “City”), with reference to the Contingent Loan Agreement (the “Agreement”) dated as of January [__], 2008, by and between the City and the District, and the above-captioned bonds (the “Bonds”), that: 1. Next Debt Service Payment Date: __________, 20__ 2. Debt service due: Principal $________________ Interest $________________ Total $________________ 3. There will be insufficient money available in the Debt Service Fund on the date described in clause (1) to make the debt service payments described in clause (2): Amount expected to be on deposit in the District’s Debt Service Fund: $________________ Plus the payment the City is required to make on __________, 20__, pursuant to the Interlocal Agreement: $________________ Total available for debt service $________________ 4. Amount of the loan requested is calculated as follows: Debt service total listed in clause (2): $________________ Less the amount available for debt service, as listed in clause (3): $________________ Loan Amount $________________ Pursuant to Section 3.2 of the Agreement, the City is requested to make a loan to the District no later than ___________, 20__, in the amount listed in clause (4). The City shall cause such amount to be transferred to the District’s Debt Service Fund, in United States Dollars and immediately available funds. Any capitalized term used herein and not defined shall have the meaning assigned to such term in the Agreement or, if not therein defined, as defined in the Bond Resolution. The individual signing below hereby represents that he or she is an officer of the undersigned and is duly authorized to execute and deliver this document. Dated: __________, 20__. EDMONDS PUBLIC FACILITIES DISTRICT [Executive Director or designee] Packet Page 126 of 188 50560950.07 Exhibit B Form Cancellation Notice City of Edmonds 121 Fifth Avenue North Edmonds, WA 98020 Attention: Finance/Administrative Services Director VIA FACSIMILE (with telephone confirmation) Re: CANCELLATION NOTICE Edmonds Public Facilities District General and Revenue Obligation Bonds, 2008 The undersigned, a duly authorized officer of the Edmonds Public Facilities District (the “District”), hereby certifies to the City of Edmonds, Washington (the “City”), with reference to the Contingent Loan Agreement (the “Agreement”) dated January __, 2008, by and between the City and the District, and the above-captioned bonds (the “Bonds”), that: 1. Next Debt Service Payment Date: __________, 20__ 2. Debt service due: Principal $________________ Interest $________________ Total $________________ 3. There will be sufficient money available in the Debt Service Fund on the date described in clause (1) to make the debt service payments described in clause (2): Amount expected to be on deposit in the District’s Debt Service Fund: $________________ Plus the payment the City is required to make on __________, 20__, pursuant to the Interlocal Agreement: $________________ Total available for debt service $________________ 4. The District’s Notice of Insufficiency and loan request delivered on __________, 20__ is hereby cancelled. Pursuant to Section 3.2 of the Agreement, the City is requested NOT to make a loan to the District with respect to the debt service payments described in clause (2). Any capitalized term used herein and not defined shall have the meaning assigned to such term in the Agreement or, if not therein defined, as defined in the Bond Resolution. The individual signing below hereby represents that he or she is an officer of the undersigned and is duly authorized to execute and deliver this document. Dated: __________, 20__. EDMONDS PUBLIC FACILITIES DISTRICT [Executive Director or designee] Packet Page 127 of 188 AM-1289 2.G. 2007 Street Overlay Program Acceptance Edmonds City Council Meeting Date:01/15/2008 Submitted By:Conni Curtis Submitted For:Dave Gebert Time:Consent Department:Engineering Type:Action Review Committee: Action: Information Subject Title Report on final construction costs for the 2007 Street Overlay Program project and Council acceptance of project. Recommendation from Mayor and Staff Council accept the 2007 Street Overlay Program project. Previous Council Action On March 27, 2007, Council authorized Staff to call for bids on the 2007 Street Overlay Program. On May 22, 2007, Council awarded a contract for the 2007 Street Overlay Program project to Wilder Construction, Inc. Narrative The 2007 Street Overlay Program project is complete. The project was designed, inspected and accepted by Staff. A major street included in the 2007 Street Overlay project was 76th Avenue West, from 212th Street SW to 220th Street SW. A set of before and after project photos of some of the other streets paved in 2007 is attached. Budget $945,000 Contractor Interwest Construction, Inc.$886,814 Testing $1,489 Consultant Inspection – SRI Technologies $34,612 Miscellaneous $332 Total Project Cost $923,247 Packet Page 128 of 188 Fiscal Impact Attachments Link: Before & After Photos Form Routing/Status Route Seq Inbox Approved By Date Status 1 Engineering Dave Gebert 01/10/2008 12:08 PM APRV 2 Development Services Duane Bowman 01/10/2008 12:14 PM APRV 3 City Clerk Sandy Chase 01/10/2008 01:15 PM APRV 4 Mayor Gary Haakenson 01/10/2008 01:45 PM APRV 5 Final Approval Sandy Chase 01/10/2008 02:21 PM APRV Form Started By: Conni Curtis  Started On: 11/27/2007 09:54 AM Final Approval Date: 01/10/2008 Packet Page 129 of 188 20 0 7 S t r e e t O v e r l a y s 20 0 7 S t r e e t O v e r l a y s 80 80 th t h Pl a c e W e s t , N o r t h o f S i e r r a D r i v e P la c e W e s t , N o r t h o f S i e r r a D r i v e Pa c k e t Pa g e 13 0 of 18 8 20 0 7 S t r e e t O v e r l a y s 20 0 7 S t r e e t O v e r l a y s 23 0 23 0 th t h St r e e t S W , W e s t o f 7 6 S tr e e t S W , W e s t o f 7 6 th t h Av e n u e W e s t A ve n u e W e s t Pa c k e t Pa g e 13 1 of 18 8 20 0 7 S t r e e t O v e r l a y s 20 0 7 S t r e e t O v e r l a y s 23 0 23 0 th th St r e e t S W , W e s t o f 7 6 S tr e e t S W , W e s t o f 7 6 th th Av e n u e W e s t A ve n u e W e s t Pa c k e t Pa g e 13 2 of 18 8 20 0 7 S t r e e t O v e r l a y s 20 0 7 S t r e e t O v e r l a y s 23 7 23 7 th t h St r e e t S W , o f f 2 3 6 S tr e e t S W , o f f 2 3 6 th t h St r e e t S W S tr e e t S W Pa c k e t Pa g e 13 3 of 18 8 20 0 7 S t r e e t O v e r l a y s 20 0 7 S t r e e t O v e r l a y s 23 7 23 7 th t h St r e e t S W , o f f 2 3 6 S tr e e t S W , o f f 2 3 6 th t h St r e e t S W S tr e e t S W Pa c k e t Pa g e 13 4 of 18 8 20 0 7 S t r e e t O v e r l a y s 20 0 7 S t r e e t O v e r l a y s 77 77 th t h Pl a c e W , N o r t h o f 2 3 8 P la c e W , N o r t h o f 2 3 8 th t h Pl a c e S W P la c e S W Pa c k e t Pa g e 13 5 of 18 8 20 0 7 S t r e e t O v e r l a y s 20 0 7 S t r e e t O v e r l a y s 23 9 23 9 th t h Pl a c e S W , W e s t o f 7 6 P la c e S W , W e s t o f 7 6 th t h Av e n u e W e s t A ve n u e W e s t Pa c k e t Pa g e 13 6 of 18 8 20 0 7 S t r e e t O v e r l a y s 20 0 7 S t r e e t O v e r l a y s 24 2 n d S t r e e t S W , W e s t o f 7 6 24 2 n d S t r e e t S W , W e s t o f 7 6 th t h Av e n u e W e s t A ve n u e W e s t Pa c k e t Pa g e 13 7 of 18 8 20 0 7 S t r e e t O v e r l a y s 20 0 7 S t r e e t O v e r l a y s 77 77 th t h Pl a c e W e s t , N o r t h o f 2 4 2 S t r e e t S W P la c e W e s t , N o r t h o f 2 4 2 S t r e e t S W Pa c k e t Pa g e 13 8 of 18 8 20 0 7 S t r e e t O v e r l a y s 20 0 7 S t r e e t O v e r l a y s 77 77 th t h Pl a c e W , N o r t h o f 2 4 2 S t r e e t S W P la c e W , N o r t h o f 2 4 2 S t r e e t S W Pa c k e t Pa g e 13 9 of 18 8 AM-1350 3. Arts Commission Candidate Confirmation Edmonds City Council Meeting Date:01/15/2008 Submitted By:Linda Carl Submitted For:Gary Haakenson Time:5 Minutes Department:Mayor's Office Type:Action Review Committee: Action: Information Subject Title Confirmation of Arts Commission candidate Joanne Otness. Recommendation from Mayor and Staff Please confirm the Mayor's appointment of Joanne Otness to the Arts Commission. Previous Council Action Narrative Joanne has been interviewed by the Arts Commission and is recommended to fill the open position (#7) on the commission. The Mayor has appointed Joanne to fill the four-year term (2008 - 2011). Appointments to the Arts Commission require Council confirmation. Fiscal Impact Attachments Link: Otness resume Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 01/10/2008 03:32 PM APRV 2 Mayor Gary Haakenson 01/10/2008 04:42 PM APRV 3 Final Approval Sandy Chase 01/10/2008 05:12 PM APRV Form Started By: Linda Carl  Started On: 01/10/2008 09:58 AM Final Approval Date: 01/10/2008 Packet Page 140 of 188 Packet Page 141 of 188 Packet Page 142 of 188 AM-1333 4. Graffiti Ordinance Edmonds City Council Meeting Date:01/15/2008 Submitted By:Duane Bowman Time:45 Minutes Department:Development Services Type:Action Review Committee: Action: Information Subject Title Public hearing on a proposed Ordinance adding a new Chapter 5.60, Graffiti, declaring graffiti a public nuisance, prohibiting defacement of property with graffiti and possession of graffiti implements with intent to deface, imposing criminal penalties; requiring the removal of graffiti; establishing an appeals process; establishing a graffiti fund. Recommendation from Mayor and Staff Adopt the proposed ordinance. Previous Council Action A draft ordinance was reviewed by the Public Safety Committee on July 10, 2007, with a recommendation that there be a subsequent public hearing to solicit input before a final draft is issued. The Public Safety Committee had also discussed graffiti problems and response at its meetings of February 13, March 13, and April 10, 2007. Subsequently, the City Council held a public hearing on the draft version of a graffiti ordinance on August 28, 2007 (see Exhibits 2 & 3). Staff was directed to return the ordinance with revisions for further consideration. Narrative The public hearing is on the revised draft of the proposed graffiti ordinance which incorporates the City Council revisions from the August 28, 2007 public hearing. The revised ordinance has been reviewed by Development Services and the Police Departments. Fiscal Impact Attachments Link: Exhibit 1 - Draft Graffiti Ordinance Link: Exhibit 2 - 8 28 07 CC Minutes Link: Exhibit 3 - 8 28 07 CC Exhibits Form Routing/Status Route Seq Inbox Approved By Date Status 1 Police Debbie Smith 12/31/2007 10:16 AM APRV 2 City Clerk Sandy Chase 01/07/2008 09:22 AM APRV 3 Mayor Gary Haakenson 01/07/2008 09:43 AM APRV 4 Final Approval Sandy Chase 01/07/2008 03:00 PM APRV Packet Page 143 of 188 Form Started By: Duane Bowman  Started On: 12/31/2007 09:02 AM Final Approval Date: 01/07/2008 Packet Page 144 of 188 ORDINANCE NO. _______ AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ADDING A NEW CHAPTER 5.60, GRAFFITI; DECLARING GRAFFITI A PUBLIC NUISANCE; PROHIBITING DEFACEMENT OF PROPERTY WITH GRAFFITI AND POSSESSION OF GRAFFITI IMPLEMENTS WITH INTENT TO DEFACE; IMPOSING CRIMINAL PENALTIES; REQUIRING THE REMOVAL OF GRAFFITI; ESTABLISHING AN APPEALS PROCESS; ESTABLISH A GRAFFITI FUND; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, cities are authorized under Titles 35 and 35A RCW to make and enforce by appropriate ordinances all such police and sanitary regulations as are not in conflict within state law; and WHEREAS, cities are authorized under Titles 35 and 35A RCW to declare by ordinance what shall be deemed a nuisance; and WHEREAS, cities are authorized under Chapter 7.48 RCW to abate public nuisance at the expense of the parties creating, causing, committing, or allowing the same to continue; and WHEREAS, graffiti is vandalism; and WHEREAS, the defacement of public and private property by graffiti vandals costs businesses, property owners, cities, the counties, and the State millions of dollars a year; and WHEREAS, graffiti is a visual symbol of disorder that erodes feelings of safety in and demoralizes our neighborhoods; and WHEREAS, some forms of graffiti can create a climate of intimidation, contributing to neighborhood decline; and WHEREAS, the existence of graffiti often becomes an invitation to additional crime; and WHEREAS, graffiti can result in lowered property values, business viability, and community pride; and WHEREAS, there is substantial evidence that the prompt removal of graffiti is an effective prevention strategy which discourages its return, while the failure to promptly remove graffiti increases the likelihood that more graffiti will occur on the same site and on nearby property; and {BFP679849.DOC;1/00006.900150/} - 1 - Packet Page 145 of 188 WHEREAS, public and private efforts to reduce graffiti are undermined by those few property owners who fail to cooperate in cleaning graffiti from their property despite requests from their neighbors; and WHEREAS, the failure to maintain one's property by removing graffiti to a reasonable degree and within a reasonable period of time constitutes a public nuisance for the reasons set forth above; and WHEREAS, it is necessary to take steps now to protect the public health, safety and welfare of our community against this threat; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. A new Chapter 5.60 Graffiti is hereby adopted and added to Title 5 ECC to read as follows: Chapter 5.60 GRAFFITI Sections: 5.60.010 Declaration of policy – Findings. 5.60.020 Definitions. 5.60.030 Prohibited acts. 5.60.040 Declaration of public nuisance. 5.60.050 Notice of graffiti nuisance. 5.60.060 Appeal, abatement and cost recovery proceedings. 5.60.070 Trust fund. 5.60.080 Remedies not exclusive. 5.60.090 Severability. 5.60.010 Declaration of policy – Findings. The City Council finds that graffiti on public and private buildings, structures, and on personal property, including motor vehicles, creates a condition of blight within the City that can result in the deterioration of property values, business opportunities, and enjoyment of life for persons using adjacent and surrounding properties. The City Council further finds that the presence of graffiti is inconsistent with the City's goals of maintaining property, preventing crime, and preserving aesthetic standards. Accordingly, it is the purpose of this Chapter to promote the health, safety and welfare of the general public. No provision of {BFP679849.DOC;1/00006.900150/} - 2 - Packet Page 146 of 188 this Chapter and no action taken pursuant hereto is intended to impose any duty whatsoever upon the City or any of its officers or employees. Further, nothing contained herein is intended or shall be construed as forming the basis of any liability on the part of the City, its officers, employees or agents, for any injury or damage resulting from any action or inaction on the part of the City, its officers, employees or agents. 5.60.020 Definitions. A. “Abate” or “abatement” means the removal, painting over, or the obscuring of graffiti from view. B. “Graffiti” means any unauthorized inscription, word, figure, painting or other defacement that is written, marked, etched, scratched, sprayed, drawn, painted, or engraved on or otherwise affixed to any surface of public or private property by any graffiti implement, to the extent that the graffiti was not authorized in advance by the owner or occupant of the property, or, despite advance authorization, is otherwise recognized and deemed a public nuisance pursuant to RCW 7.18.120 and .130. C. “Graffiti implement” means an aerosol paint container, broad-tipped marker, gum label, paint stick or graffiti stick, etching equipment, brush or any other recognized, similar and comparable device capable of scarring or leaving a visible unauthorized inscription, word, figure, painting, mark or other defacement on any natural or manmade surface. A “broad-tipped” marker is any form of ink pen with a tip exceeding one-quarter (1/4) inch in width. 5.60.030 Prohibited acts. A. Defacement. It shall be unlawful for any person to apply graffiti to any natural or manmade surface on any City-owned property or, without the permission of the owner or occupant, on any non-City-owned property. B. Possession of Graffiti Implements. It shall be unlawful for any person to possess any graffiti implement, with intent to damage property or under circumstances evincing an intent to use the same in order to damage property, while in or upon any public facility, park, playground, swimming pool, school property, recreational facility, or other public building or structure owned or operated by the City or while in or near an underpass, bridge {BFP679849.DOC;1/00006.900150/} - 3 - Packet Page 147 of 188 abutment, storm drain, or similar types of infrastructure unless otherwise authorized by the City. C. Penalties. Any person violating any provisions of this section shall be deemed guilty of a gross misdemeanor and upon conviction thereof shall be punished as provided in Chapter 5.50 ECC. In the case of a minor, the parent or guardian having custody of the juvenile shall be jointly and severally liable with the minor for the payment of all fines and/or restitution imposed as the result of a violation of this section, except that liability shall not be imposed upon any governmental entity, private agency, or foster parent assigned responsibility for an unemancipated minor pursuant to court order or the department of social and health services. 5.60.040 Declaration of public nuisance. Graffiti is determined to be detrimental to the public health, safety and welfare and is a public nuisance. It is a visual symbol of disorder that demoralizes and erodes feelings of safety in our neighborhoods. It contributes to neighborhood decline by inviting crime and leading to a climate of intimidation in our neighborhoods. Furthermore, it lowers property value, commerce, community pride and tax revenues. Prompt removal of graffiti from public and private property is in the public interest. 5.60.050 Notice of graffiti nuisance. A. When the City becomes aware of a property within the City with graffiti visible from a public or quasi-public place, the City shall identify the party(ies) responsible for the property and send the party an informational letter describing the nature and location of the graffiti and requesting that the graffiti be removed promptly. The letter shall explain the problems caused by the continued presence of graffiti, the need for its prompt removal at the responsible party’s expense, describe the resources available to aid in graffiti removal, and give notice that failure to remove graffiti is a violation of City code that may lead to legal action to remove the graffiti at the expense of the party and may subject the party to civil penalties. The letter may also identify any graffiti removal assistance programs available through the City, or any private graffiti removal contractors. B. If the graffiti is not removed within a reasonable period, as determined by the Development Services Director, after the information letter has been sent, the City shall issue an Order to {BFP679849.DOC;1/00006.900150/} - 4 - Packet Page 148 of 188 Correct pursuant to the City’s Civil Violation and Enforcement Procedures set forth in Chapter 20.110 ECDC to the property owner and the occupant of the property, if different; or in the alternative, the building owners association or management company if there are multiple owners and/or occupants. C. The City shall issue a Notice of Civil Violation pursuant to the City’s Civil Violation and Enforcement Procedures set forth in Chapter 20.110 ECDC to property owners or building owners association that fail to comply with the terms of the Order to Correct. The City through the Development Services Director shall access civil penalties at the rate of $250.00 per day per violation. Each and every day or portion thereof during which any violation is committed, continued, permitted or not corrected shall be a violation for purposes of this Chapter. The Development Services Director shall have the discretion to reduce the assessed daily civil penalty to not less than $25.00 per day upon a showing of good cause and need consisting of the following factors: frequency of offense, cooperation with the City in efforts to abate the graffiti, progress in abating the graffiti, and other relevant factors. D. The Development Services Director shall have the discretion to grant additional days to abate the graffiti upon a showing of good cause and need consisting of the following factors: frequency of offense, cooperation with the City in efforts to abate the graffiti, progress in abating the graffiti, and other relevant factors. 5.60.060 Appeal, abatement and cost recovery proceedings. A. A party to whom the Notice of Violation is issued may appeal the same as set forth in ECDC 20.110.040(C). Written notice requesting an appeal hearing before the Hearing Examiner shall be directed to the Development Services Director, and shall include the name of the party requesting the appeal, the address of the graffiti nuisance property, a statement indicating standing to appeal, and a concise statement as to reasons why the graffiti on the property does not constitute a public nuisance. B. Notice of Appeal Hearing. Upon a timely written request for an appeal, the City shall provide the appellant, notice of the appeal hearing before the Hearing Examiner at least five (5) business days in advance of the same. Notice shall be deemed {BFP679849.DOC;1/00006.900150/} - 5 - Packet Page 149 of 188 served three business days after the same is mailed to the parties by certified US mail. C. Determination of Hearing Examiner. The determination of the Hearing Examiner after the due process hearing shall be final, and there shall be no further administrative appeal. If after the due process hearing, the Hearing Examiner determines that the property contains graffiti viewable from a public or quasi-public place, the Hearing Examiner shall declare the same a nuisance and order the party to whom the Notice of Violation is issued to abate it. D. Hearing Examiner shall issue a decision and order, if necessary, containing the following: findings of fact; conclusions in support of the decision and order; type and method of abatement action required; the date by which said abatement must be completed; and civil penalties to be assessed by the City should appellant fail to abate the graffiti by the date established in the decision and order. Civil penalties shall range from $25.00 to $250.00 based on appellant’s appearance at the hearing, frequency of offense, cooperation with the City in efforts to abate the graffiti, progress in abating the graffiti, and other relevant factors. Each and every day or portion thereof during which any violation is committed, continued, permitted or not corrected shall be a violation for purposes of this chapter. E. Abatement. The City may, pursuant to Chapter 7.48 RCW, obtain a warrant of abatement to enter upon the property, cause the removal, painting over (in such color as shall meet with the approval of the Court), or such other eradication thereof as the Court determines appropriate, and shall provide the property owner, or building owners association, thereafter with an accounting of the costs of the eradication effort on a full cost recovery basis including reasonable legal fees and costs. 5.60.070 Trust fund. A. The City Council hereby creates the City of Edmonds Anti- Graffiti Trust Fund. Penalties assessed against violators of this Ordinance shall be placed in the fund, along with any monetary donations received from persons wishing to contribute to the fund. The City Council shall direct the expenditures of monies in the fund. Such expenditures shall be limited to the payment of the cost of graffiti removal from public property, the payment of the cost of graffiti removal from private property pursuant to subsection B below, the payment of rewards for information leading to the {BFP679849.DOC;1/00006.900150/} - 6 - Packet Page 150 of 188 conviction of violation of the Ordinance, the costs of administering the Ordinance, and such other public purposes as may be approved by the Council by resolution. B. The trust fund may be expended by the City to abate graffiti from private property without engaging in cost recovery proceedings only upon approval by the Council following a recommendation of the Hearing Examiner upon his or her finding that one of the following conditions is met: (1) abating graffiti from the private property in question accomplishes a fundamental government purpose; (2) abating graffiti from the private property in question serves the public interest and there is no donative intent; or (3) abating graffiti from the private property in question will assist the poor and infirm. Recommendation from the Hearing Examiner shall be submitted to the Council for consideration and decision. Approval shall be by resolution. 5.60.080 Remedies not exclusive. The remedies for violation of this chapter that are set forth in this chapter are not exclusive. 5.60.090 Severability. If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of the chapter or the application of the provision to other persons or circumstances is not affected. Section 2. 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 or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 3. Effective Date. This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum, and shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. {BFP679849.DOC;1/00006.900150/} - 7 - Packet Page 151 of 188 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. {BFP679849.DOC;1/00006.900150/} - 8 - Packet Page 152 of 188 SUMMARY OF ORDINANCE NO. __________ of the City of Edmonds, Washington On the ____ day of ___________, 2008, 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, ADDING A NEW CHAPTER 5.60, GRAFFITI; DECLARING GRAFFITI A PUBLIC NUISANCE; PROHIBITING DEFACEMENT OF PROPERTY WITH GRAFFITI AND POSSESSION OF GRAFFITI IMPLEMENTS WITH INTENT TO DEFACE; IMPOSING CRIMINAL PENALTIES; REQUIRING THE REMOVAL OF GRAFFITI; ESTABLISHING AN APPEALS PROCESS; ESTABLISH A GRAFFITI FUND; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. The full text of this Ordinance will be mailed upon request. DATED this _____ day of ________________, 2008. CITY CLERK, SANDRA S. CHASE {BFP679849.DOC;1/00006.900150/}- 9 - Packet Page 153 of 188 Packet Page 154 of 188 Packet Page 155 of 188 Packet Page 156 of 188 Packet Page 157 of 188 Packet Page 158 of 188 Packet Page 159 of 188 Packet Page 160 of 188 Packet Page 161 of 188 Packet Page 162 of 188 Packet Page 163 of 188 Packet Page 164 of 188 Packet Page 165 of 188 Packet Page 166 of 188 Packet Page 167 of 188 Packet Page 168 of 188 Packet Page 169 of 188 Packet Page 170 of 188 Packet Page 171 of 188 Packet Page 172 of 188 Packet Page 173 of 188 Packet Page 174 of 188 Packet Page 175 of 188 Packet Page 176 of 188 Packet Page 177 of 188 Packet Page 178 of 188 AM-1342 6. City Council Discussion and Potential Direction Regarding Strategic Planning Edmonds City Council Meeting Date:01/15/2008 Submitted By:Sandy Chase Submitted For:Council President Time:15 Minutes Department:City Clerk's Office Type:Action Review Committee: Action: Information Subject Title City Council discussion and potential direction regarding strategic planning. Recommendation from Mayor and Staff N/A Previous Council Action N/A Narrative Per discussion that took place during 2007, there has been interest expressed in the City Council developing a priorities of government strategic plan. The plan needs to include concept, process and objectives. It is requested that the City Council discuss as to whether or not you wish to move forward with the development of a strategic plan and potentially to give direction. Fiscal Impact Attachments No file(s) attached. Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 01/07/2008 09:36 AM APRV 2 Mayor Gary Haakenson 01/07/2008 09:43 AM APRV 3 Final Approval Sandy Chase 01/07/2008 03:00 PM APRV Form Started By: Sandy Chase  Started On: 01/04/2008 11:40 AM Final Approval Date: 01/07/2008 Packet Page 179 of 188 AM-1344 7. Possible Creation of Park/Open Space at Waterfront Property (Old Antique Mall) Edmonds City Council Meeting Date:01/15/2008 Submitted By:Sandy Chase Submitted For:Council President Plunkett Time:15 Minutes Department:City Clerk's Office Type:Action Review Committee: Action: Information Subject Title City Council discussion and potential direction regarding the possible creation of some park/open space at waterfront property (Old Antique Mall). Recommendation from Mayor and Staff N/A Previous Council Action N/A Narrative There have been several requests made to the City Council as well as a general discussion concerning the City of Edmonds purchasing part or all of the downtown waterfront property (antique mall) as open space/park/event possibilities. Therefore, does the Council wish to give direction whereby a plan would be developed that would lead to a determination if it is in the public interest for the City Council to attempt to purchase part or all of this subject property? Fiscal Impact Attachments No file(s) attached. Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 01/08/2008 08:38 AM APRV 2 Mayor Gary Haakenson 01/08/2008 08:41 AM APRV 3 Final Approval Sandy Chase 01/08/2008 09:04 AM APRV Form Started By: Sandy Chase  Started On: 01/07/2008 03:08 PM Final Approval Date: 01/08/2008 Packet Page 180 of 188 AM-1345 8. Discussion Regarding Audio Tape Recording City Council Retreat Edmonds City Council Meeting Date:01/15/2008 Submitted By:Sandy Chase Submitted For:Council President Plunkett Time:15 Minutes Department:City Clerk's Office Type:Action Review Committee: Action: Information Subject Title City Council discussion and potential direction regarding audio tape recording the City Council Retreat. Recommendation from Mayor and Staff N/A Previous Council Action N/A Narrative City Council Retreats used to be taped; however, they have not been audio tape recorded in the last several years. Does the Council wish to give direction regarding whether or not to audio tape record the 2008 Retreat? Fiscal Impact Attachments No file(s) attached. Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 01/08/2008 10:32 AM APRV 2 Mayor Gary Haakenson 01/08/2008 10:52 AM APRV 3 Final Approval Sandy Chase 01/08/2008 11:01 AM APRV Form Started By: Sandy Chase  Started On: 01/08/2008 08:07 AM Final Approval Date: 01/08/2008 Packet Page 181 of 188 AM-1305 9. Discussion and Potential Action Regarding Major Intersections Involving State Highways Edmonds City Council Meeting Date:01/15/2008 Submitted By:Sandy Chase Submitted For:Council President Plunkett Time:30 Minutes Department:City Clerk's Office Type:Action Review Committee: Action: Information Subject Title City Council discussion and potential action regarding major intersections involving state highways. Recommendation from Mayor and Staff Council to provide guidance to staff. Previous Council Action On December 4, 2007, a public hearing was held on the 196th Street SW/88th Avenue W Engineering Study. This public hearing was similar to other discussions there have been with respect to other intersections in Edmonds. It was suggested by Mayor Haakenson that any potential action should be considered as part and parcel for all State highways running through Edmonds. Narrative A number of actions were proposed by staff, council, citizens, and consultants at the December 4, 2007 public hearing concerning 196th Street SW/88th Avenue W. Recommended Action COUNCIL RESOLUTION: Pass the Council resolution (copy attached) for immediate transmission to Edmonds’ legislative delegation. WARRENTS/MONITORING: Ask staff to convene a meeting with DOT officials, Councilmember(s), and a citizen(s) to review how warrants are calculated so as to engage in a discussion of how said warrants are interpreted. Staff and participating Councilmember(s) to report back to Council. Fiscal Impact Attachments Link: Resolution Form Routing/Status Packet Page 182 of 188 Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 01/10/2008 01:25 PM APRV 2 Mayor Gary Haakenson 01/10/2008 01:45 PM APRV 3 Final Approval Sandy Chase 01/10/2008 02:21 PM APRV Form Started By: Sandy Chase  Started On: 12/06/2007 03:42 PM Final Approval Date: 01/10/2008 Packet Page 183 of 188 -1- RESOLUTION NO. ____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON WHEREAS, the corner of 196th Street SW (other wise known as SR 524) and 88th Avenue W generates numerous concerns from Edmonds citizens regarding its safety, and WHEREAS, this dangerous intersection involves five entries, two of which occur from a collector arterial, and two of which are from a major arterial, and the major arterial is curved with very limited site distance, and WHEREAS, in 2006, six accidents near the above dangerous intersection occurred, and WHEREAS, citizens to the north of the dangerous intersection are afraid to cross at that intersection to use Maplewood Park, a nature park that is just southwest of the intersection, and citizens have no other safe crossing from at least a half mile in the west or east direction, and said dangerous intersection essentially blocks citizens that live north of the intersection from using a park that their taxes help pay for, and WHEREAS, one citizen has testified that cars speed past his driveway after they have hurried across this intersection to avoid accidents, which creates a hazard for his entire family and degrades his quality of life, and WHEREAS, restricting access to the intersection from 88th will force traffic to take other routes on streets that have no sidewalks and are not equipped to handle more traffic, and WHEREAS, the neighborhoods to the north have recently been zoned to higher density to bring the city into compliance with state standards resulting from the Growth Management Act, and WHEREAS, numerous citizens have called for a traffic signal at this intersection, and WHEREAS, the Department of Transportation will not grant permission for the city to place a signal to ensure the safety of pedestrians, cyclists, and motorists, and WHEREAS, other dangerous intersections exist in Edmonds, some of which have had deaths occur, that also require the cooperation of the Department of Transportation, NOW, THEREFORE, BE IT RESOLVED: Packet Page 184 of 188 -2- We the City Council of the City of Edmonds humbly plead to our state elected representatives to assist the City of Edmonds in acquiring the necessary permission from D.O.T. to install traffic signals at the many dangerous intersections in Edmonds. The Council also resolves that it is their belief that a traffic signal is justified at 196th and 88th by at least two traffic warrants: 1) In 2006, 6 accidents occurred near the dangerous intersection, four of which were directly attributable to site distance and one other was caused by excessive speed (perhaps resulting from the lack of traffic control at said intersection). Traffic warrants only require five accidents at an intersection. 2) The System warrant is clearly met. The city must encourage the use of this intersection to provide even traffic flow through the neighborhoods of Seaview and Maplewood. The city transportation element identifies 88th Avenue as a “collector arterial,” which is a street that collects the traffic from the adjacent and focusing onto larger arterials. This dangerous intersection interrupts proper traffic flow, forcing citizens to take alternate routes on streets that are not designed for arterial use. There are also numerous traffic signals on SR 524 to the east of this intersection, so the impact to traffic flow on SR 524 is minimal. A traffic signal encourages proper traffic flow in our city, and hence, the systems warrant is met. The Council also pleads to the legislature to urge that D.O.T. will help the city attain more traffic signals on state routes in Edmonds. Some non-signaled intersections have killed motorists. Lastly, the Council would like to emphasize that traffic signals at all intersections are a REAL quality of life of issue. For example, it is a shame that folks to the north of SR 524 can not make use of Maplewood Park because they are afraid to cross this intersection with their children. A proper traffic signal is the only safe way to ensure safe passage for pedestrians across state routes without building expensive pedestrian overpasses. RESOLVED this ____ day of January, 2008. APPROVED: MAYOR, GARY HAAKENSON ATTEST/AUTHENTICATED: CITY CLERK, SANDRA S. CHASE Packet Page 185 of 188 -3- FILED WITH THE CITY CLERK: 01/11/2008 PASSED BY THE CITY COUNCIL: RESOLUTION NO. Packet Page 186 of 188 AM-1351 10. Council Policy on Boards/Commissions Interviews and Confirmation Edmonds City Council Meeting Date:01/15/2008 Submitted By:Sandy Chase Submitted For:Council President Plunkett Time:15 Minutes Department:City Clerk's Office Type:Action Review Committee: Action: Information Subject Title City Council discussion and potential direction in regards to Council policy on boards and commissions interviews and voting at the same meeting. Recommendation from Mayor and Staff N/A Previous Council Action N/A Narrative Council policy has been that the Council interviews and confirms candidates for boards and commissions on the same night. This allows for citizens to be interviewed and voted on the same night. Another approach would be to interview candidates one week and then take action at the following Council meeting. One procedure expedites the process while the other approach is more deliberative for Council. As President, I have been asked by several Councilmembers to change the procedure to the more deliberative approach. This item was to be taken up at the retreat. However, recent potential appointments by the Mayor have moved up this topic for Council consideration and potential action. Fiscal Impact Attachments No file(s) attached. Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 01/10/2008 02:33 PM APRV 2 Mayor Gary Haakenson 01/10/2008 03:13 PM APRV 3 Final Approval Sandy Chase 01/10/2008 03:33 PM APRV Form Started By: Sandy Chase  Started On: 01/10/2008 02:07 PM Final Approval Date: 01/10/2008 Packet Page 187 of 188 Packet Page 188 of 188