2010.01.26 CC Agenda Packet
AGENDA
Edmonds City Council
Council Chambers, Public Safety Complex
250 5th Ave. North, Edmonds
______________________________________________________________
JANUARY 26, 2010
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-2745 Approval of City Council Meeting Minutes of January 19, 2010.
C. AM-2742 Approval of claim checks #116585 through #116697 dated January 21, 2010 for
$437,010.24. Approval of payroll direct deposit and checks #49027 through #49058 for the
period of January 1 through January 15, 2010 for $662,656.90.
D. AM-2737 Acknowledge receipt of a Claim for Damages from Landon B. Reynolds ($3,276.16).
E. AM-2749 Community Services and Economic Development Quarterly Report – January, 2010.
F. AM-2739 Authorization for the Mayor to sign the Recycling Grant Agreement between the City of
Edmonds and the Washington State Department of Ecology for 2010-2011.
G. AM-2741 Senior Center Recreational Services Agreement for 2010 for the South Snohomish County
Senior Center.
3. AM-2744
(10 Minutes)
Confirmation of Mayor's appointment to the Planning Board.
4. AM-2747
(15 Minutes)
Update on the 2010 Budget (Mayor Haakenson).
5. AM-2743
(15 Minutes)
Municipal Court 2009 Annual Report.
6. AM-2746
(15 Minutes)
Public Defender Annual Report.
7. AM-2735
(30 Minutes)
Proposed Ordinance relating to limitations on contributions for City Council campaigns
and creating a new Chapter 1.99 of the Edmonds City Code. Public comment will be received
on this matter.
8.Audience Comments (3 minute limit per person)*
*Regarding matters not listed on the Agenda as Closed Record Review or as Public Hearings.
9. (15 Minutes)Council reports on outside committee/board meetings.
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9. (15 Minutes)Council reports on outside committee/board meetings.
10. (5 Minutes)Mayor's Comments
11. (15 Minutes)Council Comments
Adjourn
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AM-2745 2.B.
Approval of 01-19-2010 City Council Minutes
Edmonds City Council Meeting
Date:01/26/2010
Submitted By:Sandy Chase Time:Consent
Department:City Clerk's Office Type:Action
Review Committee:
Committee Action:
Information
Subject Title
Approval of City Council Meeting Minutes of January 19, 2010.
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: 01-19-10 Draft City Council Minutes
Form Routing/Status
Route Seq Inbox Approved By Date Status
1 City Clerk Sandy Chase 01/21/2010 01:20 PM APRV
2 Mayor Gary Haakenson 01/21/2010 01:22 PM APRV
3 Final Approval Sandy Chase 01/21/2010 03:01 PM APRV
Form Started By: Sandy
Chase
Started On: 01/21/2010 01:13
PM
Final Approval Date: 01/21/2010
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Edmonds City Council Draft Minutes
January 19, 2010
Page 1
EDMONDS CITY COUNCIL DRAFT MINUTES
January 19, 2010
At 6:15 p.m., Mayor Haakenson announced that the City Council would meet in executive session
regarding pending claims and potential litigation. He stated that the executive session was scheduled to
last approximately 30 minutes and would be held in the Jury Meeting Room, located in the Public Safety
Complex. No action was anticipated to occur as a result of meeting in executive session. Elected
officials present at the executive session were: Mayor Haakenson, Councilmembers Orvis, Fraley-
Monillas, Plunkett, Bernheim, Peterson and Wilson. Others present were City Attorney Scott Snyder,
Attorney Stephanie Croll, Attorney Grant Weed, Washington Cities Insurance Authority Executive
Director Lewis Leigh, and City Clerk Sandy Chase. At 6:45 p.m., Mayor Haakenson announced to the
public that an additional 30 minutes would be needed in executive session. The executive session
concluded at 7:11 p.m.
At 7:12 p.m., Councilmembers Orvis, Fraley-Monillas, Plunkett, Bernheim, Peterson and Wilson
interviewed Kristiana Johnson, a candidate for appointment to the Planning Board. The interview was
held in the Jury Meeting Room. Mayor Haakenson was also present for the interview.
The regular City Council meeting was called to order at 7:19 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
Steve Bernheim, Council President
Michael Plunkett, Councilmember
DJ Wilson, Councilmember
Dave Orvis, Councilmember
Adrienne Fraley-Monillas, Councilmember
Strom Peterson, Councilmember
Diane Buckshnis, Councilmember (seated at 7:28 p.m.)
STAFF PRESENT
Al Compaan, Police Chief
Stephen Clifton, Community Services/Economic
Development Director
Noel Miller, Public Works Director
Rob Chave, Planning Manager
Rob English, City Engineer
Scott Snyder, City Attorney
Sandy Chase, City Clerk
Linda Hynd, Deputy City Clerk
Jana Spellman, Senior Executive Council Asst.
Jeannie Dines, Recorder
1. APPROVAL OF AGENDA
COUNCIL PRESIDENT BERNHEIM MOVED, SECONDED BY COUNCILMEMBER
PLUNKETT, TO APPROVE THE AGENDA IN CONTENT AND ORDER. MOTION CARRIED
UNANIMOUSLY.
2. CONSENT AGENDA ITEMS
COUNCIL PRESIDENT BERNHEIM MOVED, SECONDED BY COUNCILMEMBER
PLUNKETT, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY.
The agenda items approved are as follows:
A. ROLL CALL
B. APPROVAL OF CITY COUNCIL MEETING MINUTES OF JANUARY 5, 2010.
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Edmonds City Council Draft Minutes
January 19, 2010
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C. APPROVAL OF CITY COUNCIL MEETING MINUTES OF JANUARY 12, 2010.
D. APPROVAL OF CLAIM CHECKS #116197 THROUGH #116198 DATED DECEMBER
31, 2009 FOR $33,694.78, #116199 THROUGH #116394 DATED JANUARY 7, 2010 FOR
$981,810.50, AND #116395 THROUGH #116584 DATED JANUARY 14, 2010 FOR
$3,269,574.63. APPROVAL OF PAYROLL DIRECT DEPOSITS AND CHECKS #48989
THROUGH #49026 FOR THE PERIOD DECEMBER 16 THROUGH DECEMBER 31,
2009 FOR $834,922.88.
E. ACKNOWLEDGE RECEIPT OF CLAIMS FOR DAMAGES FROM THOR CHAMBERS
($268.28) AND BARBARA DEAN (AMOUNT UNDETERMINED).
F. ASSIGNMENT OF CONTRACT - AID UNITS CONTRACT.
G. INTERLOCAL AGREEMENT FOR USE OF PUBLIC SAFETY BOAT BETWEEN
EDMONDS, AND SNOHOMISH COUNTY FIRE DISTRICTS NO. 27 AND NO. 1.
H. ORDINANCE NO. 3776 – ESTABLISHING SNOHOMISH COUNTY FIRE DISTRICT
NO. 1 AS THE PROVIDER OF RESCUE OPERATIONS AT THE WASTEWATER
TREATMENT PLANT.
I. ORDINANCE NO. 3777 – AMENDING THE PROVISIONS OF ECC 7.30.036, SEWER
SPECIAL CONNECTION DISTRICTS, TO ADD A NEW SUBSECTION ECC 7.30.036(C)
ESTABLISHING A SPECIAL CONNECTION FEE FOR CERTAIN PROPERTIES ON
OR NEAR OLYMPIC VIEW DRIVE, AND FIXING A TIME WHEN THE SAME SHALL
BECOME EFFECTIVE.
J. RESOLUTION NO. 1220 - APPROVING THE PUBLIC PARTICIPATION PLANS FOR
THE 2010 PROCESS RELATING TO THE UPDATES OF UTILITY ELEMENTS IN THE
COMPREHENSIVE PLAN. THE UPDATES WILL INCLUDE:
* 2010 COMPREHENSIVE STORM AND SURFACE WATER PLAN UPDATE
* 2010 COMPREHENSIVE WATER PLAN UPDATE
* 2010 SEWER PLAN INFILTRATION AND INFLOW STUDY WITH POLICY
RECOMMENDATION FOR THE COMPREHENSIVE SEWER PLAN
3. APPROVAL OF RULES FOR THE NOMINATION/ELECTION PROCESS TO FILL VACANT
CITY COUNCIL POSITION #4
City Clerk Sandy Chase read the rules for the nomination/election process that were used last year:
Nominations
Each Councilmember may nominate one candidate from the list of applicants by placing an “X” beside
the name of the applicant of his or her choice on the form supplied for that purpose by the City Clerk, and
by signing the nomination form. The City Clerk will announce and maintain a permanent record of the
nominations and of the Councilmember nominating each candidate.
The Election
Each Councilmember may vote for one candidate by placing an “X” beside the name of the candidate of
his or her choice on the ballot supplied for that purpose by the City Clerk, and by signing the ballot. The
City Clerk will announce and maintain a permanent record of each ballot and who voted for each
candidate.
A Deadlock
A deadlock occurs after each Councilmember votes the same way on three consecutive ballots. In the
event the City Council should deadlock, then previous nominations are declared null and void and the
Council may begin a new round of nominations.
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COUNCIL PRESIDENT BERNHEIM MOVED, SECONDED BY COUNCILMEMBER WILSON,
TO APPROVE THE RULES FOR THE NOMINATION/ELECTION PROCESS TO FILL THE
COUNCIL VACANCY. MOTION CARRIED UNANIMOUSLY.
4. APPOINTMENT TO FILL CITY COUNCIL VACANCY.
Council President Bernheim explained although the rules did not address statements by Councilmembers,
Councilmembers were welcome to provide comment.
Councilmembers completed the first nomination ballot. Those nominated were: Lora Petso
(Councilmember Fraley-Monillas), Ron Wambolt (Councilmembers Wilson and Peterson), and Diane
Buckshnis (Council President Bernheim and Councilmembers Orvis and Plunkett).
Councilmember Peterson thanked everyone who applied and participated in the interview process. He
described a telephone call that he, the Mayor and other Councilmembers received from Norm Olson, the
late Councilmember Olson’s husband, who relayed it was Ms. Olson’s wish that Ron Wambolt fulfill the
remainder of her term. Councilmember Peterson enthusiastically nominated Ron Wambolt to fulfill her
wishes.
Vote No. 1 was taken. The results were: four votes for Diane Buckshnis (Councilmembers Orvis, Fraley-
Monillas and Plunkett and Council President Bernheim) and two votes for Ron Wambolt
(Councilmembers Peterson and Wilson). Diane Buckshnis was appointed to fill the vacant City Council
position #4.
Mayor Haakenson administered the oath of office to Ms. Buckshnis and Councilmember Buckshnis took
her seat on the dais.
5. COMBINED 2009 ANNUAL REPORTS FROM THE ECONOMIC DEVELOPMENT
COMMISSION AND THE PLANNING BOARD.
Community Services/Economic Development Director Stephen Clifton explained in June 2009, the
Council passed Ordinance No. 3735, which created an Economic Development Commission (EDC). The
EDC has been meeting at least once a month and has held special meetings with the Planning Board.
EDC Chair Frank Yamamoto introduced the members of the EDC: Kerry Ayers, Bruce Faires, Stacy
Gardea, Don Hall, Darrol Haug, Betty Larman, Beatrice O’Rourke, Evan Pierce, David Schaefer, Rich
Senderoff, Bill Vance, Rob VanTassell, Bruce Witenberg, Rebecca Wolfe, and Marianne Zagorski.
Mr. Yamamoto highlighted the challenge – a budget shortfall. Projected revenues will outpace revenues
and continue for the foreseeable future if nothing is done to improve revenue flow. The main goal is to
help alleviate this situation and seek solutions other than levies and increased property taxes. He
displayed a chart illustrating a $1.5 million deficit in 2013 which will increase to nearly $6.5 million in
2020 for an accumulative total of nearly $30 million if nothing is done and no additional revenues are
identified. He displayed a chart illustrating the tax increase per household, an accumulative increase of
approximately $1700 by 2020 to sustain existing services.
In April 2009, the City Council passed a resolution directing staff to create an ordinance that would create
a Citizens Economic Development Commission. In June 2009, the City Council passed the ordinance
creating the EDC. The EDC consists of 17 members appointed by the Mayor and by each
Councilmember. The EDC’s charges include: determine new strategies for economic development,
identify new sources of revenue, review and consider strategies for improving commercial viability and
develop tourism. The EDC also incorporated the four goals contained within the existing Economic
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Development Plan: foster a healthy business community, revitalize the business districts, diversify the
tax base and strengthen the quality of life.
The EDC began by defining economic development: improve economic well being and quality of life by
developing and implementing programs, processes and ideas. The members of the EDC agree there is no
magic solution; a combination of ideas will be required to be successful. The key is to implement and act
now on those ideas because without additional revenue, there is no successful economic development or
consistent quality of life.
He displayed a list of items that impact citizens’ quality of life such as clean and green environment,
efficient public safety services, vibrant and diverse business climate, well managed roads and public
transportation, adequate sidewalks, libraries, cultural amenities, responsible development and redevelop-
ment and quality schools, noting there were many others. Citizens’ quality of life is threatened by:
Fear of change, lack of flexibility
Unaware of competition at local, state and national level
Failure to plan for the future
Ignoring past history
Mr. Yamamoto described the EDC’s process to date: Three joint meetings were held with the Planning
Board that included presentations from Snohomish County EDC, Port of Edmonds and three local cities
of Bothell, Mountlake Terrace and Lynnwood. From those presentations, the prevalent message was that
in order for economic development to succeed, strong and steady leadership from the City Council is
required along with alignment of goals and visions among all including citizens,. Another important fact
is that Edmonds is 96% built out. The City must be creative in the use of existing land and structures and
acknowledge that future development will be primarily in the form of redevelopment.
He enumerated the EDC’s proposed action items:
Act now!
Find a way for the City’s Economic Development Director position to devote full time to
economic development activities.
Create a strategic plan that will focus on economic development and requires accountability.
Initiate neighborhood business/residential center plans for Westgate and Five Corners and allow
for rezoning to attract new businesses and residences and avoid delays for developers.
Evaluate the Harbor Square plan and support the process to start redevelopment with public
involvement.
Initiate and fund marketing plan for City-owned fiber optic network.
Appoint two Councilmembers to the EDC, not the two members currently on the City Council
economic development committee in an effort to gather additional viewpoints as well as involve
more Councilmembers in economic development.
The Council respond to the EDC’s proposed ideas and future direction by the EDC’s next
meeting on February 17.
Mr. Yamamoto concluded the EDC was a very diverse group of citizens from a variety of backgrounds
and with a variety of views who are concerned about the future of Edmonds’ financial situation and
growth. He urged the Council to develop a strategic plan that extends past the current Council terms that
can be sustained and be viable into the future. In the short six months the EDC has been in existence,
they have been able to get 17 people to agree on this list of recommendations. He urged the seven
Councilmembers to agree to move forward. Every day the City fails to act costs Edmonds dollars as well
as keeps the City from growing into the community it needs to be. Pointing out neighboring communities
are continuing to grow and prosper, he urged the council to act now and not have the EDC be another
study that sits on a shelf collecting dust. The Council has an opportunity to have a positive impact on the
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community and now is the time. He reiterated the EDC looked forward to hearing from the Council at
their February 17 meeting.
Councilmember Plunkett asked for clarification on the proposed action item, “initiate neighborhood
business center plans,” pointing out some work had been done with regard to Five Corners, Hwy. 99 and
Firdale Village. Mr. Yamamoto explained the intent was to be prepared for the creation of mixed use
areas and to allow developers to do so quickly. Councilmember Plunkett asked whether the EDC planned
to make recommendations with regard to how to make the process quicker. Mr. Yamamoto answered that
could be part of the upcoming process.
Councilmember Plunkett referred to the proposed action item, “evaluate Harbor Square plan and
support,” questioning how the Council could support development when Council may be involved in a
quasi judicial process related to that development in the future. Mr. Yamamoto responded the EDC was
supportive of redevelopment of Harbor Square, not necessarily a particular concept.
With regard to deficit spending and the statement that annual revenues will fall below expenses in 2013
and a negative ending cash balance in 2013, Councilmember Wilson pointed out the City’s annual
revenue was less than annual expenditures beginning in 2011. The Fire District 1 contract allowed those
levels to be maintained through 2010. Beginning in 2011, the City will begin spending down its reserves
to fund existing operations. The City will essentially be “bankrupt” in 2013 because it will run out of
reserves at that point. He cautioned the Council could not wait until 2013 and needed to act soon. The
City has adopted the industry standard of maintaining approximately a 15% or 2-month annual cash
ending balance or approximately $5 million. He summarized the City was already in a tough spot.
Councilmember Wilson inquired about the candor of the EDC meetings. Mr. Yamamoto answered the
EDC was doing very well. His report and the narrative illustrated that via a combined effort, 17 people
with different views and backgrounds were able to reach a unanimous decision with regard to the
proposed action items.
Councilmember Fraley-Monillas commended the 17 members of the EDC for developing a product with
goals and future suggestions. She asked the date and time of the EDC’s next meeting. Mr. Yamamoto
responded it was February 17 at 6:00 p.m.
Councilmember Buckshnis commended the work done by the EDC. Observing the narrative report
referred to branding, she asked whether the intent was for the full-time Economic Development Director
to address branding. Mr. Yamamoto answered that would be one of the tasks for that position.
Councilmember Buckshnis asked if the EDC had developed any ideas with regard to branding the City.
Mr. Yamamoto answered no that could be a future action item.
Councilmember Wilson referred to the proposed action item to evaluate the Harbor Square plan and
support the process to start redevelopment to further Edmonds’ green initiatives and asked with regard to
the Antique Mall and Skippers properties, how incentives could be offered to redevelop those sites to
encourage thriving businesses. He commented it was unlikely building heights would be increased in that
area because there were not enough votes on the Council. Mr. Yamamoto suggested doing things smarter
and doing more with what the City has. He suggested the City focus on improving the process for
developers which has been done by Bothell, Mountlake Terrace and Lynnwood. Without those
improvements, developers will simply go elsewhere.
Councilmember Wilson commented because the fiber optics extend to the ferry, it would make sense for
redevelopment of that area to include fiber optics. He anticipated that would require a voter-approved
funding source. If building heights were not increased, redevelopment of that area may not pencil for a
developer. He asked what amenities the City could offer as incentives for development such as a park
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which would also require voter-approved funding. He asked whether the public or the EDC was open to
considering a voter-approved bond to fund either an extension of the fiber optics or property acquisition
for a park. Mr. Yamamoto responded the EDC has not discussed that in detail. Councilmember Wilson
asked if Mr. Yamamoto, as a downtown merchant and Downtown Edmonds Merchants Association
Chair; felt the citizens of Edmonds could support a bond or levy. Mr. Yamamoto stated he did not know.
For Councilmember Orvis, Mr. Yamamoto explained a further discussion regarding the EDC’s efforts
was scheduled on the Council’s retreat agenda. He suggested that would be an opportunity for a more in-
depth discussion.
Councilmember Peterson echoed the commendations for the work done by the EDC.
Planning Board Chair Michael Bowman recalled the formation of an EDC and consideration of economic
development by the Planning Board began with a discussion with Councilmember Wilson at the levy
committee when he suggested consideration also be given to alternatives to raising taxes. He thanked the
17 members of the EDC and the 7 Planning Board Members, 24 people with extremely varied
backgrounds, personalities and interests who were able to begin with a blank slate and do great things in a
short period of time. He asked the Council to do the same, commenting some Councilmembers have
“painted themselves into a corner over the years.” He encouraged the Council to be open to change
because it was important to the City.
Mr. Bowman explained for several months prior to beginning this process, the Planning Board gathered
data regarding the hurdles facing the City, why new businesses were not coming to Edmonds, why
businesses were leaving, etc. He urged the Council to provide direction regarding what they wanted,
what was important to them, what they opposed, etc. before the EDC and Planning Board moved forward.
He commented on issues that were confusing to the Planning Board. For example the Council voted to
lower the building heights in the BD1 zone. However, the Council may not be aware that the primary
difficulty with attracting new businesses to Edmonds is the building stock is not appropriate for their
needs; it’s old, not the right size and costs too much to bring it up to their needs. At the same time
Shoreline, Mountlake Terrace, Mill Creek, Bothell and Lynnwood are taking steps to change their cities,
rebranding and developing the kind of retail space that a retailer wants.
Mr. Bowman explained his wife, their partners and he opened a second C'est la Vie store at the Landing
in Renton in November. That new location was turnkey and cost them far less to open than the store in
Edmonds. That trend is accelerating and more and more retail space is available due to the economy and
other cities’ development of new retail space. He commented recently several retailers in Edmonds have
contacted them to inquire about their broker and real estate attorney, indicating they are considering
moving. He summarized the challenge was not only bringing in new businesses but retaining the existing
businesses. He commented some Councilmembers had never been in their store or talked to them about
their business. As an example, if the Council supported tourism, he pointed out the need for another hotel
and suggested the Council identify a preferred location.
Mr. Bowman stated he resigned from the EDC because he was given a director position with Renton’s Art
& Cultural Commission which has a 50-member Steering Committee. He commented although Renton
had been the butt of jokes for many years, they were moving forward aggressively. He described their
effort to site a 7-foot “Salman” sculpture (a salmon wearing a business suit) designed and constructed for
them by an artist friend in Edmonds. After measuring the sculpture, staff determined it could not be sited
on the sidewalk and stated a further process would be required. He was not interested in participating in
another Edmonds process and instead presented the drawing to Renton’s EDC who presented it to the
Council where it was approved. He summarized the Edmonds City Council’s reputation was combative,
not cohesive and not pro-business. He relayed a comment from a consultant for Renton’s Arts and
Cultural Commission who has worked in Edmonds who said “Edmonds is about no.”
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Mr. Bowman concluded the EDC and the Planning Board needed the Council’s support and direction. He
suggested a joint meeting where they could ask the Council specific questions and get direction from the
Council regarding whether they backed the economic development initiative and whether they were
interested in moving the City forward economically.
Councilmember Fraley-Monillas agreed some Councilmembers had not visited businesses but was certain
that would change. She pointed out Edmonds was more than the downtown corridor and there was more
than one hotel in Edmonds. Mr. Bowman pointed out most people thought of Edmonds as the downtown
core. Councilmember Fraley-Monillas recommended looking at the City as a whole.
Councilmember Wilson pointed out five Councilmembers were serving their first term and may be less
encumbered by the past. He assured no one on the Council was anti-business although he understood that
may be the perception. He summarized the Council and the community was unsure “how to get there,”
acknowledging it would take the effort of citizens and may require the citizens to lead the Council.
Councilmember Wilson asked Mr. Bowman how the Antique Mall, Skippers and Harbor Square
properties could be redeveloped within existing height limits. Mr. Bowman responded the Council
gathered data from the EDC, Planning Board and citizens but as leaders they needed to establish the
direction even if it was unpopular. As an example, he cited the light rail system in Portland that was
fiercely opposed initially but is now extremely popular and expanding. That was the result of the City
Council moving forward even though it was unpopular. The Planning Board makes recommendations to
the Council that were right for the City and all citizens but it was the Council who took the heat for the
final decision. He urged the Council to think about what was the best for the whole City even if a
decision negatively impacted a few citizens. He reiterated his suggestion for a joint meeting of the
Planning Board, EDC and the Council. With regard to how to redevelop the waterfront properties, Mr.
Bowman anticipated it would be impossible to draft a plan that would satisfy all Councilmembers.
Councilmember Wilson referred to the list of proposed action items, noting some such as appointing two
Councilmembers to the EDC and creating a strategic plan that focuses on economic development, could
easily be accomplished. Others such as evaluate the Harbor Square plan would be more difficult. He was
interested in implementing the EDC’s recommendations but needed further detail on some items. He
agreed with the suggestion for a joint meeting structured around a series of policy statements regarding
Harbor Square, fiber optics, neighborhood centers, Stevens Hospital, etc.
Councilmember Buckshnis thanked Mr. Bowman for his candor. As a former resident of the Portland
area, she agreed light rail has regenerated the southeast area. She pointed out the building stock at Old
Mill Town was changed but still remained vacant. The Council needs to address, 1) what was done
wrong that those spaces remained vacant, 2) development outside the bowl area, 3) branding and 4) how
to get retailers to be open on Sundays. Mr. Bowman agreed it was not just one issue, they were all
connected. For example retailers need restaurants and the restaurants need retailers.
Mayor Haakenson expressed his thanks to the EDC and the Planning Board for their great work,
commenting it was amazing for 24 people to reach consensus. He encouraged the citizens of Edmonds to
read the 2009 Annual Report from the EDC and Planning Board which addresses the future of the City.
He emphasized the only way to effect change was for all citizens to get involved. He summarized if the
City did not do something, it was going down a bad road.
6. DISCUSSION ABOUT MEMBERSHIP OF THE ECONOMIC DEVELOPMENT COMMISSION.
Councilmember Wilson commented the ordinance that created the Economic Development Commission
(EDC) was silent with regard to new Councilmembers. He commented on the possibility of the EDC
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doing their work and then the Council not approving it due to a disconnect because the representatives
appointed by former Councilmembers did not reflect the views of new Councilmembers. He suggested
the Council appoint new members and/or reappoint existing members to ensure the EDC represented the
Council’s views.
Councilmember Fraley-Monillas was concerned that making appointments at this point in the process
could affect consistency within the group. She asked if there were a point at which the membership
would be final. Councilmember Wilson agreed there should not be a constant change in the membership.
He anticipated this would be the only time changes could be made because no new Councilmembers
would be elected for two years. He planned to reappoint David Schaefer and in the next agenda item
appoint Mary Monfort to replace Michael Bowman who has resigned. This was an opportunity for all
Councilmembers to confirm their selections and for Councilmembers Fraley-Monillas and Buckshnis to
ensure their representative reflected their views.
Councilmember Fraley-Monillas pointed out if she appointed two new members, they would replace two
involved members and disrupt the process. Councilmember Wilson commented if she and the
Councilmember she replaced had different viewpoints, that disruption would occur sooner or later, sooner
if she appointed new representatives or later if the representatives appointed by Councilmember Wambolt
did not represent her views on economic development.
Councilmember Buckshnis commented this Commission had a two-year duration and had been working
together for six months. She anticipated making a change at this point would disrupt their cohesiveness.
She declined to make any new appointments.
The Council took no action on this item.
7. CONFIRMATION OF APPOINTMENT OF MARY MONFORT TO THE ECONOMIC
DEVELOPMENT COMMISSION.
COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER PLUNKETT, TO
CONFIRM THE APPOINTMENT OF MARY MONFORT TO THE ECONOMIC
DEVELOPMENT COMMISSION. MOTION CARRIED UNANIMOUSLY.
8. PUBLIC HEARING TO RENAME KAIREZ DRIVE TO VISTA DEL MAR DRIVE.
City Engineer Rob English explained last year the Vista Del Mar Homeowners Association made a
request to change Kairez Drive to Vista Del Mar Drive. He displayed a map of the area, identifying
Kairez Drive which is located off Olympic View Drive near Talbot Road and the 12 properties addressed
on Kairez Drive.
On December 15, 2009, the Council passed a resolution scheduling tonight’s public hearing on the
proposed street name change. At the conclusion of this public hearing, the Council has the option of
directing the City Attorney to prepare an ordinance to proceed with the street name change and to place
the ordinance on a future Consent Agenda for approval.
Mayor Haakenson opened the public participation portion of the public hearing. There were no members
of the public present who wished to provide testimony and Mayor Haakenson closed the public hearing.
COUNCILMEMBER PLUNKETT MOVED, SECONDED BY COUNCILMEMBER ORVIS, TO
DIRECT THE CITY ATTORNEY TO PREPARE AN ORDINANCE FOR THE JANUARY 26,
2010 CONSENT AGENDA TO CHANGE KAIREZ DRIVE TO VISTA DEL MAR DRIVE.
MOTION CARRIED UNANIMOUSLY.
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9. DISCUSSION REGARDING HOMELESS SHELTERS AND CONSIDERATION OF
ORDINANCES EXCLUDING EMERGENCY SHELTERS RUN BY RELIGIOUS
ORGANIZATIONS FROM THE STATE BUILDING CODE, AND ADOPTING PROCEDURES
FOR THE PERMITTING OF "TENT CITY" HOMELESS SHELTERS IN CONJUNCTION
WITH A RELIGIOUS ORGANIZATION.
City Attorney Scott Snyder explained the Council previously adopted a resolution directing staff to be as
flexible as possible in its approach to emergency shelters for the homeless and indigent. The Council
passed an ordinance under Chapter 19.27 RCW that provides the maximum flexibility under the State
Building Code for emergency/indigent housing. He referred to his memo that outlines staff’s dilemma;
the difficulty meeting the criteria of “no threat” to human life. Unlike many other cities where churches
are new buildings, the majority of Edmonds churches are older, legal nonconforming uses that do not
have sprinkler systems. Under the State Building Code, transient accommodations are required to have
sprinkler systems including crisis centers.
The direction provided to him by the Council was to be as flexible as possible; he prepared an ordinance
to exclude emergency shelters for the homeless operated by churches. The ordinance would exclude them
as a class from the State Building Code and in place of the sprinkler requirement, impose alternatives
such as maintaining a fire watch, requiring smoke alarms, prohibiting smoking and maintaining clear
emergency exits within the State’s prescribed exiting laws. Emergency is defined as very inclement
weather where the temperature is less than 33 degrees for four hours as forecast by the National Weather
Service. Churches must also be otherwise legally nonconforming. The proposed ordinance provides for
what the local churches requested and what the Council resolution directed.
He explained many of the principles addressed in his memo would also apply to church-operated year-
round, indigent housing such as a tent city. Regional advocates for the homeless have suggested the City
may want to expand its exemption. In recent litigation where cities have opposed tent cities, the cities
have lost. As a result, a structure for regulating while not permitting tent cities has been developed. He
provided a copy of such an ordinance for the Council’s review and suggested this topic be scheduled on a
future agenda.
Mike Smith, Acting Fire Marshal, Fire District 1, commented he had been in discussions with Eileen
Hansen, the pastor at Trinity Lutheran for approximately a year regarding implementation of emergency
shelters within the Edmonds city limits. He also reviewed this topic with fire marshals in surrounding
jurisdictions and a set of guidelines was developed that include a requirement for automatic fire sprinklers
in the shelter area. The City’s Building Official and he also discussed the topic and developed guidelines
which included the sprinkler requirement.
In spring 2009 the Council passed Ordinance 3730 that allows churches to apply for a compliance permit
which has a list of submittal requirements that include floor plans, entrances and exits, corridors,
hallways, direction of door swing, emergency and exit lights, fire alarms, smoke detectors, and if the
building has any active fire sprinklers. To date, the City has not received any compliance permit
applications. He anticipated this was likely due to his not wanting to approve permits for facilities that
did not have fire sprinklers. He acknowledged some surrounding jurisdictions have allowed cold weather
shelters in churches without fire sprinklers. He requested an opportunity to review a compliance permit
application for a church within the city limits. He did not support the Council adopting an ordinance that
did not require fire sprinklers in churches operating cold weather shelters. He preferred to retain the
existing ordinance, allow staff to review an application and determine whether alternatives could be
developed. If that did not work, it may be necessary for the Council to pass an ordinance eliminating the
sprinkler requirement.
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Councilmember Orvis asked if a fire sprinkler system could just be installed in the portion of the church
used for the shelter. Fire Marshal Smith answered it must be installed throughout the building.
Councilmember Orvis asked the cost of installing a fire sprinkler system. Fire Marshal Smith estimated
the cost of a sprinkler system for a commercial building at $3.50 - $5.00/square foot.
Public Comment
Alvin Rutledge, Edmonds, offered to provide a report regarding the number of churches operating
homeless shelters. He commented Lynnwood’s City Hall is used as a last resort cold weather shelter.
Next, he referred to a House Bill that would allow Ports to shelter the homeless.
Rob VanTassell, Edmonds, explained he was the Director of Housing for Catholic Community Services,
the largest provider of affordable housing in Washington State. One of the projects he recently worked on
was in the church basement of Sacred Heart parish in Seattle. He was experienced in getting building
codes and Fire Department codes to work with the church’s needs and offered to assist with that effort in
Edmonds. They have also worked with parishes in Western Washington who have hosted Tent City.
Councilmember Orvis asked whether it was possible for a church to self-install a fire sprinkler. Mr.
VanTassell did not recommend that approach, commenting many churches have members who were
qualified to install fire sprinkler systems who may be willing to do so on a cost-reduced basis.
Dorothy Sacks, Edmonds, explained for the past eight months she had been volunteering for Neighbors
in Need at Trinity Lutheran Church in Lynnwood. Neighbors in Need not only provides breakfast but
also bus tickets, shower vouchers, food bank, etc. When doing intake, she noticed many of the people are
from Edmonds, some are from Seattle and Everett. She recalled first becoming aware of the homeless
when returning from living overseas in 1991; the problem has continued to get worse. She urged cities to
do something constructive to eliminate the problem of homelessness. Because one never knew what was
in their future, it was in everyone’s best interest to provide housing for the homeless.
David Thorpe, Edmonds, appreciated the Council addressing this issue in a proactive manner. He posed
several questions, 1) why are churches required to install fire sprinklers when they already hold services
for hundreds of people without sprinklers, 2) will the Hearing Examiner hold a public hearing regarding
siting a tent city, 3) which City staff members would be the contacts with regard to tent city, 4) and do
churches have the ability to do background checks for tent city residents. He summarized he wanted
further information from the City with regard to the steps to be taken prior to siting a tent city.
Charlotte Lawson, Emergency Cold Weather System, Trinity Lutheran Church, Lynnwood,
pointed out at every military installation in the world where there is one tent, a fire watch system is
implemented. A two-person team is trained to stay awake all night holding fire extinguishers. Soldiers in
the Fire Department at Fort Lewis have offered to train volunteers to provide fire watch services. She
summarized installing fire sprinklers in churches was not financially feasible. Their goal was preventing
the homeless from dying from the cold; they obviously did not want people to die in a fire.
Phil Lovell, Edmonds, commented a definite need had been identified in the City. The City can be
flexible and bend the rules to allow churches to operate an emergency cold weather shelter. He assured
churches without fire sprinkler systems who hold services are fully compliant with the law because the
code at the time the church was built did not require fire sprinkler systems. The proposal was for
equivalency, if the letter of the code could not be met, there were means and methods to assure the safety
of the use such as via a fire watch. With 38 years experience in commercial construction and a registered
professional civil engineer, he acknowledged major developments created an environmental impact but
the City could begin a negotiation process to produce tradeoffs which may require changes to the
Comprehensive Plan and development code.
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Rev. Eileen Hanson, Trinity Lutheran Church, Lynnwood, and Jeremiah Center at Five Corners,
referred to her discussions with Fire Marshal Smith and their mutual concern with the health and safety of
their shelter guests. They had not applied for a permit because the City Building Department has
recommended they talk with the Fire Marshal before applying for a permit and Fire Marshal Smith has
made it clear he would not approve the permit unless the building has a full sprinkler system. She relayed
the cost of installing a fire sprinkler system at the Jeremiah Center was estimated at $30,000 - $50,000,
making it cost prohibitive for an emergency cold weather shelter. She was inspired and encouraged by
the Council’s consideration of the proposed ordinance because it ensured equivalency for the common
goal of health and safety.
Dave Gilbertson, Lynnwood, thanked City Attorney Scott Snyder for developing the ordinance and
Councilmember Wilson for pursuing the matter. He pointed out this was not an issue solely for Edmonds
but for cities throughout the nation. He referred to an email from Reverend Jean Kim that cited the need
to move forward on this issue as a collective body in South Snohomish County and as a nation. He cited
examples of why people become homeless including illness, lack of health insurance, job layoff,
foreclosure, etc. He pointed out many of the homeless are Vietnam veterans and questioned what type of
nation abandoned its veterans after they had served their country. He provided two quotes from Martin
Luther King, Jr., “An individual has not started living until he can rise above the narrow confines of his
individualistic concerns to the broader concerns of all humanity” and “Every man must decide whether he
will walk in the light of creative altruism or in the darkness of destructive selfishness; this is the
judgment. Life’s most persistent and urgent question is, what are you doing for others.”
Hearing no further comment, Mayor Haakenson closed public comment.
In response to Mr. Thorpe’s question why services could be held in a church without sprinkler systems,
Mr. Snyder explained a change in use imposes new requirements under the Building Code. The
underlying question, why its more dangerous to have eight people sleep for eight hours versus 1000
people in a building for an hour and half with open candles, is the heart of the constitutional issue. As the
materials he provided state, the State’s Supreme Court has been very clear. The State’s Constitution is
broader and provides greater protections than federal law in this area. The City has the obligation to use
the least restrictive means of achieving its compelling interest, it cannot be uncompromising and rigid,
and in reviewing what the City has done, they need to searchingly examine the interest and determine
whether the interest and alternatives considered for the protections and enforcement are articulated.
Constitutionally in Washington State, the care of the homeless is a recognized part of religion and as such
the City must find a way to accommodate it. Staff provided an ordinance to address the emergency
situation. With regard to the Fire Marshal’s concerns, he commented the evidence was in favor of
addressing a temporary emergency shelter. He acknowledged a $30,000 - $50,000 investment to install
fire sprinklers may be appropriate for converting a building to a permanent homeless shelter. He
reiterated his suggestion for the Council to schedule consideration of a tent city ordinance this spring.
Councilmember Wilson commented the ordinance did not specifically address temporary emergency
shelters and he was concerned it could apply to a permanent situation. Mr. Snyder referred to Section
19.00.040(1) that defines emergency as the housing of indigent and homeless persons when the ambient
temperature is forecast to be below 33 degrees for a four hour, overnight period or when wind chill or
violent storms or other inclement conditions present a direct threat to the lives of homeless and other
indigents. His intent in drafting the ordinance was to address the type of temporary emergency shelters
that local churches seek to operate. Councilmember Wilson referred to the next sentence, “Such danger
could include, but is not limited to, the threat presented by carbon monoxide poisoning for persons
attempting to take shelter in cars or other vehicles with the motor running paragraph,” which would
appear to suggest an emergency situation would exist when the temperatures were below 33 degrees or
when one was living in a vehicle. Mr. Snyder advised if the Council felt that sentence would allow a
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permanent homeless shelter, it could be deleted. The intent of that sentence was to identify dangers
associated with living outside as well as seeking shelter in inappropriate settings.
Councilmember Wilson recalled there was discussion of a limit of 14 days in order to define temporary.
Mr. Snyder answered the duration of temperatures below 33 degrees would determine the length of time
the shelter was operated. He used “as forecast by the National Weather Service” to allow churches to
plan ahead rather than watching the thermometer.
For Councilmember Wilson, Mr. Snyder explained the compliance permit would be applied for ahead of
time; a church would apply once and have an annual review. Enforcement would then be a discretionary
matter by the Building Official and Fire Marshal.
In light of the Fire Marshal’s concerns, Councilmember Wilson supported utilizing volunteers such as
Mr. VanTassell to review the City’s ordinances but to err on the side of protecting the homeless from
weather rather than from fire particularly with alternatives to fire sprinklers.
COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER FRALEY-
MONILLAS, TO ADOPT ORDINANCE ALTERNATIVE A, ORDINANCE NO. 3778, AMENDING
THE PROVISIONS OF CHAPTER 19.00 TO ADD A NEW SECTION 19.00.040, EXCLUSION OF
CHURCHES PROVIDING EMERGENCY HOUSING FOR THE INDIGENT FROM CERTAIN
REQUIREMENTS.
Councilmember Wilson summarized this was good policy and reflected the resolution the Council
unanimously approved. He commended Rev. Hansen, Kerry St. Clair Ayers and others for their
assistance.
Councilmember Peterson looked forward to the discussion of emergency shelters such as tent city, noting
this was an important step for the Council to take.
MOTION CARRIED UNANIMOUSLY.
10. PUBLIC HEARING ON AN INTERIM ORDINANCE OF THE CITY OF EDMONDS
REGARDING AMENDMENT OF ECDC 20.110.040(F) OF THE CITY'S CIVIL ENFORCEMENT
PROCEDURES RELATING TO CONTINUING FINES AND VIOLATIONS IN ORDER TO
CONFORM TO POST V. TACOMA
City Attorney Scott Snyder explained on October 15, 2009, the Washington Supreme Court held that the
City of Tacoma civil enforcement procedures violated constitutional due process protections. The ruling
was based on a continuing fine provision; once a person was found to be in violation, fines would
continue to accrue. A number of the defects cited by the Court in Post v. Tacoma are not applicable to the
City’s enforcement procedures. However, the City’s procedures do provide for the continuation of daily
fines without specifying an appeal process. The ordinance should be clarified that such fines may
continue to accrue and be addressed only after additional notice of civil violation and opportunity for
appeal.
Mr. Snyder advised he provided the Council his response to questions posed by Council President
Bernheim as well as corrected a word in the ordinance (replacing “explanation” in Section 1 of the
ordinance with “expiration.”
Councilmember Orvis understood there was a right to appeal a code enforcement action to a Hearing
Examiner. Mr. Snyder explained the civil enforcement process had two steps, first the Notice to Correct.
The Notice to Correct could be issued by various officials with various appeal routes depending on
whether it is a building code, zoning code or nuisance provision. Once a Notice to Correct is issued, if
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not complied with or appealed, the second step is a Notice of Violation. The Notice of Violation can be
appealed to the violations Hearing Examiner. Section F provides for after the Hearing Examiner has
made her determination, fines continue to accrue. For example there are pending actions in Edmonds
where people have accrued thousands of dollars in fines. The Supreme Court held that the person
accruing the fines must be given another opportunity to appeal if they correct the situation.
The interim ordinance, 1) provides a clear cut off and a new notice and opportunity so that fines do not
continue to accrue and 2) offers two alternatives for the current violators – dismiss the matter entirely or
give notice and an opportunity to appeal.
Councilmember Orvis provided an example: if he built a garage 50 feet tall, was cited and refused to
remove it and was assessed fines. The interim ordinance would provide another opportunity regarding the
fines. If the person is found to be in violation, the interim ordinance would require staff to return to the
Hearing Examiner, giving new notice to the person every time a new fine was imposed and providing a
new appeal opportunity.
Mayor Haakenson opened the public participation portion of the public hearing.
Finis Tupper, Edmonds, commented there was nothing wrong with this section of the code. In fact the
code enforcement section of the City’s website was one of the most informative. The ordinance is very
good and outlines a three step process, an Order to Correct and following an administrative hearing if the
order is not followed, staff has the opportunity to issue a Notice of Violation. The person is not obligated
to appeal until the Notice of Violation is issued. He expressed concern that his email to the Council
regarding this subject was ignored. He questioned why there was a continued misrepresentation of the
facts. He was suspect of interim ordinances and was concerned that interim ordinances were being
pushed through without public comment and very little information. He questioned the applicability of
Tacoma’s code to Edmonds, pointing out Tacoma has an administrative hearing prior to the Notice of
Violation. He urged the Council not to adopt the proposed interim ordinance before reviewing what other
cities were doing and gathering additional information.
Ken Reidy, Edmonds, was uncertain whether the City’s code was ambiguous or whether the staff did not
understand its code. He suggested more attention be paid to this issue instead of a quick fix to the
monetary penalty portion of the code. As someone familiar with the code enforcement process, he
commented on the difficulties associated with that process and how much of it could be avoided if the
City offered an administrative hearing to allow citizens to identify errors made by the City prior to the
enforcement process or if the City worked with citizens in an effort to correct problems before monetary
penalties were imposed. He urged the Council to ascertain that the standard due process requirements of
the State and federal constitution were being met by the City’s code. He urged the Council to have the
City Attorney review property rights, civil enforcement actions, etc. He cited from Post v. Tacoma, “it is
sufficient to hold that where local jurisdictions issue infractions, there must be some express procedure
available by which citizens may bring errors to the attention of their government and thereby guard
against the erroneous depravation of their interests.” Edmonds is supposed to have an express procedure
for citizens to bring errors to the attention of the City; there is supposed to be an administrative hearing
but for some reason it is overlooked. The City claims an administrative hearing is represented by an
appeal to a Hearing Examiner. However, requiring a citizen to pay to appeal a prejudged guilty verdict,
the Notice of Civil Violation, does not qualify as an administrative hearing. He displayed a thick
document prepared by the City for his appeal, commenting that did not represent an express procedure
where he could point out errors made by the City. He urged the Council not to pass the ordinance until
they reviewed the entire matter. He suggested the City establish an independent committee to review the
code enforcement process and to use his situation as a case study.
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Roger Hertrich, Edmonds, commented it appeared the issue of violators not paying their fines had been
ongoing for quite some time and he questioned why the City had not collected on those debts. He
referred to the Locke case, and agreed with Mr. Snyder’s suggestion to simply dismiss the case. He felt it
was appropriate for staff to refile violations. Although Mr. Tupper discovered these errors, he doubted he
would sue the City. He anticipated Mr. Tupper brought this to the City’s attention to allow staff to correct
the situation. He questioned the need for an interim ordinance, citing the lack of an emergency.
Alvin Rutledge, Edmonds, recalled a fence violation that was appealed to the Hearing Examiner who
reversed staff’s decision. He suggested the appeal fee be refunded to a person who won their appeal.
Hearing no further comment, Mayor Haakenson closed the public participation portion of the public
hearing.
Council President Bernheim inquired about an expedited schedule to process this ordinance via the
normal procedure. Mr. Snyder estimated review by the Planning Board would take approximately 2½
months.
With regard to the emergency, Mr. Snyder explained the City’s ordinance was violating the due process
rights of six people by providing for continuing violations.
With regard to Mr. Hertrich’s comment that Mr. Tupper raised this issue, Mr. Snyder clarified the
Washington State Supreme Court ruled on the matter on October 15, 2009. He agreed with Mr. Tupper
that interim ordinances were usually suspect and should be carefully considered. Due to the sensitivity of
this issue, the ordinance was drafted to address only the continuing fines. He provided a copy of the
proposed interim ordinance to Mr. Reidy’s attorney via email last week and instead of the usual interim
ordinance process that provides for a public hearing within 60 days, the public hearing was held tonight
because it was suspect.
He agreed with Mr. Reidy’s suggestion to review the code enforcement process and to use the process
that was followed for Mr. Reidy as a case study. The packet Mr. Reidy displayed was from the Notice of
Civil Violation, not the latter ordinance. To Mr. Rutledge’s point, anyone who appealed and won was
refunded their appeal fee. He summarized the interim ordinance was intended to correct a clear
unconstitutional provision of the City’s ordinance that arose in October 2009 and this was the first
opportunity the Council had to review it. He considered the violation of a citizen’s due process rights to
be an emergency.
With regard to Mr. Hertrich’s comments about Mr. Locke, Mr. Snyder explained that matter is in Superior
Court. With regard to the fence issue Mr. Rutledge mentioned, staff is waiting for the expiration of the 21
day LUPA appeal period.
For Councilmember Fraley-Monillas, Mr. Snyder explained under the current ordinance, once a violation
is determined, penalties accrue daily forever. He recommended this be amended to provide for periodic
notice and opportunity to appeal. Councilmember Fraley-Monillas inquired about the correlation between
administrative hearings and the Reidy-Thuesen situation. Mr. Snyder was uncertain what correlation
there was. Mr. Reidy has not been adjudged to be in violation by the Hearing Examiner and no fines are
accruing.
Councilmember Wilson inquired about Mr. Reidy’s suggestion to form an independent body to review the
City’s code enforcement process and use his situation as a case study. Mr. Snyder suggested the Planning
Board would be the appropriate body to review the City’s code enforcement procedures. One area that
needed to be addressed was the three different appeal processes depending on which City official issued
the Notice to Correct.
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Councilmember Plunkett inquired about the liability posed to the City. Mr. Snyder answered the liability
was a lawsuit because the City was violating their rights. He explained most of the people in violation
were not paying the fine because their homes were in foreclosure. If the Supreme Court says a person has
a due process right to a hearing and there cannot be continuing fines, the City needed to obey their ruling.
Councilmember Buckshnis asked how long the six people had been in violation. Mr. Snyder answered
some as short as six months, others as long as four years. Councilmember Buckshnis asked why this
change was being proposed now. Mr. Snyder answered it was due to the Supreme Court’s October 15,
2009 ruling.
COUNCILMEMBER PETERSON MOVED, SECONDED BY COUNCILMEMBER ORVIS, TO
APPROVE INTERIM ORDINANCE NO. 3779 AS AMENDED, AMENDING ECDC 20.110.040(F)
OF THE CITY'S CIVIL ENFORCEMENT PROCEDURES RELATING TO CONTINUING FINES
AND VIOLATIONS IN ORDER TO CONFORM TO POST V. TACOMA.
Councilmember Orvis observed the continual accrual of fines violated due process rights and there should
be a process for a review.
Councilmember Plunkett agreed the interim ordinance was appropriate to address the issue of due
process. He agreed with the suggestion for the Planning Board to review the code enforcement
procedures.
Council President Bernheim advised he would not support the interim ordinance as it would only take a
few months for a thorough review of the entire situation. He pointed out the City would of course not
continue to impose the unconstitutional fines, thus this only applied to future violators. The only people
who would potentially sue the City would be those that the City pursued payment of the unconstitutional
fines. He did not anticipate any exposure to the City since the City would not continue to impose the
unconstitutional fees. He preferred to refer the matter to the Planning Board for an expedited hearing and
in the meantime voluntarily refrain from imposing the unconstitutional fines.
Mr. Snyder pointed out the City turned the collection of fines to a debt collection agency who has been
actively pursuing them. One of the reasons he wanted the Council to pass the interim ordinance was so he
could ask for them back from the debt collection agency. Council President Bernheim asked why the City
could not simply direct the collection agency to cease collection efforts. Mr. Snyder assured he had
contacted the collection agency to ask them to discontinue actively pursuing the debt. Council President
Bernheim concluded that was not a reason to vote in favor of the interim ordinance.
MOTION CARRIED (4-2-1), COUNCIL PRESIDENT BERNHEIM AND COUNCILMEMBER
WILSON VOTING NO AND COUNCILMEMBER BUCKSHNIS ABSTAINING.
11. INTERIM ORDINANCE ADOPTING A PROCEDURE FOR REVIEW OF CONSTRUCTION,
ACQUISITION AND ABANDONMENT OF PUBLIC PROJECTS BY THE HEARING
EXAMINER AND RECOMMENDATION TO COUNCIL REGARDING COMPREHENSIVE
PLAN COMPLIANCE IN ORDER TO CONFORM TO THE CITY'S COMPREHENSIVE PLAN,
P. 2, EFFECT.
City Attorney Scott Snyder advised this interim ordinance was in response to a complaint made by Mr.
Tupper. In the 1980s the City’s Comprehensive Plan was part of the zoning code and contained a number
of procedures. In the 1990s when the GMA was passed, the structure for review and approval of public
projects and a variety of other processes changed dramatically and this code provision was taken out and
placed in the City’s Comprehensive Plan. That left a procedural requirement in the Comprehensive Plan
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but nothing in the ordinance. The Comprehensive Plan is not self-enforcing and there needs to be
provisions in the code so that the City’s ordinances conform to the Comprehensive Plan.
The City could change the Comprehensive Plan or the ordinance; the Comprehensive Plan can only be
amended once a year; ordinances can be amended at any time. The interim ordinance is intended to true
up the provisions of the Comprehensive Plan and the ordinance until they can be reviewed as part of this
year’s Comprehensive Plan process. The ordinance attempts to mirror the language in the
Comprehensive Plan provision and provides for an expedited review of all the public processes that were
in the Capital Facilities Plan and the Transportation Improvement Plan. He noted there may be an
appropriate role for Hearing Examiner or Council review of some projects. For example, the
Comprehensive Plan does not designate specific properties for purchase for parks. The Hearing Examiner
or Council may want to review that for Comprehensive Plan compliance.
Council President Bernheim inquired how long it would take for the Planning Board to review this using
the usual process. Mr. Snyder answered 2-4 months.
COUNCILMEMBER PETERSON MOVED, SECONDED BY COUNCILMEMBER WILSON, TO
ADOPT INTERIM ORDINANCE NO. 3780, ADOPTING A PROCEDURE FOR REVIEW OF
CONSTRUCTION, ACQUISITION AND ABANDONMENT OF PUBLIC PROJECTS BY THE
HEARING EXAMINER AND RECOMMENDATION TO COUNCIL REGARDING
COMPREHENSIVE PLAN COMPLIANCE IN ORDER TO CONFORM TO THE CITY'S
COMPREHENSIVE PLAN, P. 2, EFFECT.
Council President Bernheim commented he was not opposed to truing up the code but did not view this as
an emergency since this situation has existed for quite some time. He preferred to expeditiously send this
to the Planning Board for a deliberative review rather than adopt an interim ordinance.
Councilmember Buckshnis asked if the intent of the interim ordinance was for the City to pay Ogden
Murphy Wallace to make the changes rather than sending it to the Planning Board for recommendation.
Mr. Snyder responded he would draft the ordinance either way. Even if the Council acted tonight, a
series of public processes would follow. A public hearing would be held within the next 60 days on this
amendment. The interim ordinance expires in six months and the Comprehensive Plan process takes a
year; therefore, the Council will be required to consider it again in July. The Comprehensive Plan process
will also include a series of public hearings before the Planning Board and Council. The risk was
someone filing an appeal to the Growth Management Hearings Board (GMHB).
Councilmember Fraley-Monillas asked what prompted this. Mr. Snyder answered Mr. Tupper filed a
code enforcement complaint naming Mayor Haakenson, Mr. Bowman, Mr. Chave and himself, stating
that they were not complying with the Comprehensive Plan. An outside attorney reviewed his complaint
and staff agreed the Comprehensive Plan and code needed to be trued up. The provision he cited is so
broad that every public project needs to be reviewed by the Hearing Examiner for compliance. He
suggested when the Council reviewed fees this year, they may need to be adjusted to cover those costs.
Councilmember Fraley-Monillas clarified the ordinance resolved Mr. Tupper’s issue. Mr. Snyder
answered Mr. Tupper was correct, there was nothing in the zoning code to implement a Comprehensive
Plan provision.
Council President Bernheim clarified if anyone were to sue the City for failing to comply with this
procedure, they would have an inventory of transactions that have occurred over the past 5-10 years. This
fix would only true up future transactions and not cure past failures to comply. Mr. Snyder agreed the
passage of time would. The only person in a position to take advantage of it was Mr. Thuesen in his
appeal of the street vacation with respect to Mr. Reidy. The action would be an allegation to the GMHB
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that the City’s zoning code was not in conformance with the Comprehensive Plan and therefore is out of
compliance with GMA. The remedy would be the GMHB would order the City to pass an ordinance like
the proposed ordinance.
MOTION CARRIED (5-1-1), COUNCIL PRESIDENT BERNHEIM VOTING NO AND
COUNCILMEMBER BUCKSHNIS ABSTAINING.
COUNCILMEMBER FRALEY-MONILLAS MOVED, SECONDED BY COUNCIL PRESIDENT
BERNHEIM, TO EXTEND THE MEETING FOR 30 MINUTES. MOTION CARRIED
UNANIMOUSLY.
12. AUDIENCE COMMENTS
Don Hall, Edmonds, referred to the next agenda item and suggested more information be included on the
agenda so that citizens were aware it was in regard to marijuana. He supported the proposal but
suggested the agenda item more accurately reflect the topic of discussion. Next, he recalled urging the
Council approximately a year ago to ban plastic bags. He relayed many visitors to their store express
their appreciation to Edmonds for banning plastic bags and for caring about the environment. He
suggested the City take the additional step to ban Styrofoam. He acknowledged Styrofoam could not be
completely banned because there were certain applications for which there was no substitute.
Alvin Rutledge, Edmonds, recalled the City held development meetings on Hwy. 99 in the past. He
pointed out the hotels on Hwy. 99 generate hotel/motel tax. Next he reported on the Stevens Hospital
meeting with Swedish, noting that Mayor Haakenson attended that meeting.
Finis Tupper, Edmonds, advised he submitted a public documents request on November 24, 2009 for
grant applications and awards for money claimed in 2009. To date he has not received that information.
He inquired again and was told staff needed another two weeks. He concluded it was obvious every time
he approached the City with any issue, there was a policy to ignore him. He recalled a previous public
documents request was lost in spam mail. He expressed concern that his identity had been disclosed with
regard to the previous agenda item, noting he selected the box that stated do not disclose his identity. He
clarified he did not file a complaint; he filed a request for code enforcement. He was also frustrated by
his inability to schedule a meeting with a City employee and that he never received a response. He
invited anyone else who had been ignored by the City to contact him at 425-778-9465.
Roger Hertrich, Edmonds, questioned why one of the interim ordinances on the agenda included a
public hearing and the other did not. He questioned whether the Council understood the Comprehensive
Plan and suggested the Council review the Comprehensive Plan at their retreat. Next, he questioned
whether the City could get a credit for the fees paid to the Hearing Examiner in months where there were
no cases for her to review. With regard to amending the Comprehensive Plan once a year, he pointed out
the Comprehensive Plan could also be amended at any time on an emergency basis.
Ken Reidy, Edmonds, reiterated his recommendation for the City to review the code enforcement
procedures and the appeal process and make improvements that would benefit the City and its citizens.
He raised this issue tonight because it was logical to consider all the procedures. He reiterated his offer to
share his experience with a reviewing body. With regard to the appeal packet he displayed in his earlier
comments and Mr. Snyder’s comment that it related to his appeal of the Notice of Civil Violation, he
explained he was strongly encouraged to pursue an appeal of an Order to Correct by the next day. He was
guided down a Board of Appeals process that had nothing to do with a code enforcement action,
expended a great deal of money, time and effort and the City developed the packet he displayed, wasting
a great deal of private and taxpayer money on a process that made no sense. He urged the Council to
make improvements to the code enforcement procedures.
Packet Page 20 of 132
Edmonds City Council Draft Minutes
January 19, 2010
Page 18
13. PROPOSED AMENDMENT TO CITY LOBBYING PRIORITIES.
Council President Bernheim explained when the Council approved its lobbying priorities at the January 5
meeting, he offered to present an additional priority. His proposal was to instruct the lobbyist to support
state legislative efforts (Senate Bill 5615 and House Bill 1117) to change marijuana possession by adults
from an expensive jail-time misdemeanor to a low-cost fine-paying infraction in an effort to free up
diminishing law enforcement resources for more pressing priorities.
COUNCIL PRESIDENT BERNHEIM MOVED, SECONDED BY COUNCILMEMBER
PETERSON, TO ADD ITEM 12 TO THE LOBBYING PRIORITIES, PUBLIC SAFETY, IN
ORDER TO BETTER REALLOCATE LIMITED LOCAL AND STATE LAW ENFORCEMENT
RESOURCES, EDMONDS SUPPORTS PASSAGE OF SB 5615 AND HB 1117 REDUCING
ADULT MARIJUANA POSSESSION FROM A MISDEMEANOR TO A CIVIL INFRACTION.
UPON ROLL CALL, MOTION CARRIED (5-2), COUNCIL PRESIDENT BERNHEIM AND
COUNCILMEMBERS FRALEY-MONILLAS, ORVIS, PETERSON AND BUCKSHNIS IN
FAVOR; AND COUNCILMEMBERS PLUNKETT AND WILSON OPPOSED.
Council President Bernheim asked whether this language could be communicated to the City’s Lobbyist
Mike Doubleday as a House Committee would be voting on this tomorrow. Mayor Haakenson advised
Community Services/Economic Development Director Stephen Clifton would do so. Councilmember
Wilson suggested Council President Bernheim also email the nine Edmonds legislators.
14. MAYOR'S COMMENTS
Mayor Haakenson reported he attended last night’s Stevens Hospital Board meeting regarding the
contract with Swedish Hospital. Representatives for the doctors and union spoke in favor of the
partnership and no citizens spoke in opposition to the partnership. Stevens Hospital is moving forward
with the partnership and anticipate the process will be concluded by July/August. The hospital will have
a new name and he was hopeful Edmonds would be included in the name.
Mayor Haakenson welcomed Councilmember Buckshnis and invited her to visit his office any time.
15. COUNCIL COMMENTS
Council President Bernheim thanked the City for broadcasting the Martin Luther King, Jr. video,
“Montgomery to Memphis” on Monday. He regretted that technical difficulties had affected the sound
quality.
Council President Bernheim announced a meeting on January 28 at Trinity Place Apartments in
Lynnwood for anyone interested in participating in the annual count the homeless effort in Snohomish
County. He advised the subject of a Styrofoam ban was scheduled on the City Council retreat agenda as
well as a discussion of the intricacies of the Comprehensive Plan.
Councilmember Plunkett congratulated Councilmember Buckshnis and welcomed her to the Council.
Councilmember Buckshnis thanked everyone for their support and hoped not to let anyone down.
Councilmember Fraley-Monillas commented a lot of great people applied for the Council position. She
received numerous emails from citizens about their favorite applicant.
Packet Page 21 of 132
Edmonds City Council Draft Minutes
January 19, 2010
Page 19
Councilmember Fraley-Monillas reported she participated in a homeless march and rally in Olympia that
emphasized the increase in the number of homeless since the economy has worsened and pointing out that
many of the homeless in shelters are not the stereotypical homeless person. She encouraged the public to
support shelters in the City and throughout the area.
Councilmember Peterson congratulated Councilmember Buckshnis. He thanked the members of the
public who spoke tonight regarding homelessness, pointing out it was one of the most important issues
the Council would address. He invited the public to reflect on the horrific images from Haiti,
summarizing homelessness was a local, national and world issue.
Councilmember Orvis welcomed Councilmember Buckshnis.
16. ADJOURN
With no further business, the Council meeting was adjourned at 10:21 p.m.
Packet Page 22 of 132
AM-2742 2.C.
Approval of Claim Checks and Payroll Direct Deposit and Checks
Edmonds City Council Meeting
Date:01/26/2010
Submitted By:Debbie Karber
Submitted For:Lorenzo Hines Time:Consent
Department:Finance Type:Action
Review Committee:
Committee Action:Approved for Consent Agenda
Information
Subject Title
Approval of claim checks #116585 through #116697 dated January 21, 2010 for $437,010.24.
Approval of payroll direct deposit and checks #49027 through #49058 for the period of January 1
through January 15, 2010 for $662,656.90.
Recommendation from Mayor and Staff
Approval of claim checks and payroll direct deposit and 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:2010
Revenue:
Expenditure:$1,099,667.14
Fiscal Impact:
Claims: $437,010.24
Payroll: $662,656.90
Attachments
Link: Claim cks 1-21-10
Form Routing/Status
Route Seq Inbox Approved By Date Status
1 Finance Lorenzo Hines 01/21/2010 03:17 PM APRV
2 City Clerk Sandy Chase 01/21/2010 03:22 PM APRV
3 Mayor Gary Haakenson 01/21/2010 03:24 PM APRV
4 Final Approval Sandy Chase 01/21/2010 03:45 PM APRV
Packet Page 23 of 132
Form Started By: Debbie
Karber
Started On: 01/21/2010 10:10
AM
Final Approval Date: 01/21/2010
Packet Page 24 of 132
01/21/2010
Voucher List
City of Edmonds
1
10:07:41AM
Page:vchlist
Bank code :front
Voucher Date Vendor Invoice PO #Description/Account Amount
116585 1/21/2010 065052 AARD PEST CONTROL 277459 1-13992
PEST CONTROL
411.000.656.538.800.410.23 63.25
9.5% Sales Tax
411.000.656.538.800.410.23 6.01
Total :69.26
116586 1/21/2010 001030 ALLIED SYSTEMS PRODUCTS INC IN104128 SUPPLIES
SUPPLIES
001.000.230.512.500.310.00 57.38
Total :57.38
116587 1/21/2010 061540 ALLIED WASTE SERVICES 0197-001173332 FS #20 - Garbage Dec 09
FS #20 - Garbage Dec 09
001.000.651.519.920.470.00 120.79
PW Garbage Dec 090197-001173420
PW Garbage Dec 09
001.000.650.519.910.470.00 24.47
PW Garbage Dec 09
111.000.653.542.900.470.00 92.97
PW Garbage Dec 09
411.000.652.542.900.470.00 92.97
PW Garbage Dec 09
411.000.654.534.800.470.00 92.97
PW Garbage Dec 09
411.000.655.535.800.470.00 92.97
PW Garbage Dec 09
511.000.657.548.680.470.00 92.94
FS #16 - Garbage Dec 090197-001173490
FS #16 - Garbage Dec 09
001.000.651.519.920.470.00 125.97
MCH Garbage Dec 090197-001174162
MCH Garbage Dec 09
001.000.651.519.920.470.00 57.40
1Page:
Packet Page 25 of 132
01/21/2010
Voucher List
City of Edmonds
2
10:07:41AM
Page:vchlist
Bank code :front
Voucher Date Vendor Invoice PO #Description/Account Amount
(Continued)Total :793.451165871/21/2010 061540 061540 ALLIED WASTE SERVICES
116588 1/21/2010 065568 ALLWATER INC 011410037 COEWASTE
DRINKING WATER
411.000.656.538.800.310.11 21.85
9.5% Sales Tax
411.000.656.538.800.310.11 0.67
Total :22.52
116589 1/21/2010 073072 ALS TECHNOLOGIES INC 18201 INV#18201 EDMONDS PD
40 mm REACT PROJECTILE
001.000.410.521.400.310.00 1,204.80
Freight
001.000.410.521.400.310.00 176.28
Total :1,381.08
116590 1/21/2010 001528 AM TEST INC 57242 ICP SCAN SAMPLE NUMBERS
ICP SCAN SAMPLE NUMBERS
411.000.656.538.800.410.31 300.00
Total :300.00
116591 1/21/2010 069667 AMERICAN MARKETING 10707 BRONZE PLAQUES
CAST BRONZE PLAQUES:~
127.000.640.575.500.310.00 318.80
Freight
127.000.640.575.500.310.00 9.50
9.5% Sales Tax
127.000.640.575.500.310.00 31.19
Total :359.49
116592 1/21/2010 001375 AMERICAN PLANNING ASSOCIATION 061514-091101 APA MEMBERSHIP FOR DIRECTOR FOR 2010
2010 membership for Stephen Clifton
001.000.610.519.700.490.00 525.00
Total :525.00
116593 1/21/2010 064335 ANALYTICAL RESOURCES INC QA74 EDMONDS
NPES TESTING
2Page:
Packet Page 26 of 132
01/21/2010
Voucher List
City of Edmonds
3
10:07:41AM
Page:vchlist
Bank code :front
Voucher Date Vendor Invoice PO #Description/Account Amount
116593 1/21/2010 (Continued)064335 ANALYTICAL RESOURCES INC
411.000.656.538.800.410.31 130.00
Total :130.00
116594 1/21/2010 069751 ARAMARK 655-4691547 21580001
UNIFORM SERVICE
411.000.656.538.800.240.00 93.83
9.5% Sales Tax
411.000.656.538.800.240.00 8.91
Total :102.74
116595 1/21/2010 069751 ARAMARK 655-4683835 Street Storm Uniform Svc
Street Storm Uniform Svc
111.000.653.542.900.240.00 3.51
Street Storm Uniform Svc
411.000.652.542.900.240.00 3.51
9.5% Sales Tax
111.000.653.542.900.240.00 0.34
9.5% Sales Tax
411.000.652.542.900.240.00 0.33
Fleet Unfiorm Svc655-4683836
Fleet Unfiorm Svc
511.000.657.548.680.240.00 15.00
9.5% Sales Tax
511.000.657.548.680.240.00 1.43
Fac Maint Uniform Svc655-4691544
Fac Maint Uniform Svc
001.000.651.519.920.240.00 40.44
9.5% Sales Tax
001.000.651.519.920.240.00 3.84
PW Mats655-4695946
PW Mats
001.000.650.519.910.410.00 1.75
PW Mats
111.000.653.542.900.410.00 6.65
PW Mats
3Page:
Packet Page 27 of 132
01/21/2010
Voucher List
City of Edmonds
4
10:07:41AM
Page:vchlist
Bank code :front
Voucher Date Vendor Invoice PO #Description/Account Amount
116595 1/21/2010 (Continued)069751 ARAMARK
411.000.652.542.900.410.00 6.65
PW Mats
411.000.654.534.800.410.00 6.65
PW Mats
411.000.655.535.800.410.00 6.65
PW Mats
511.000.657.548.680.410.00 6.65
9.5% Sales Tax
001.000.650.519.910.410.00 0.17
9.5% Sales Tax
111.000.653.542.900.410.00 0.63
9.5% Sales Tax
411.000.652.542.900.410.00 0.63
9.5% Sales Tax
411.000.654.534.800.410.00 0.63
9.5% Sales Tax
411.000.655.535.800.410.00 0.63
9.5% Sales Tax
511.000.657.548.680.410.00 0.64
Fac Maint Uniform Svc655-4706347
Fac Maint Uniform Svc
001.000.651.519.920.240.00 40.44
9.5% Sales Tax
001.000.651.519.920.240.00 3.84
PW Mats655-4708175
PW Mats
001.000.650.519.910.410.00 1.75
PW Mats
111.000.653.542.900.410.00 6.65
PW Mats
411.000.652.542.900.410.00 6.65
PW Mats
411.000.654.534.800.410.00 6.65
PW Mats
4Page:
Packet Page 28 of 132
01/21/2010
Voucher List
City of Edmonds
5
10:07:41AM
Page:vchlist
Bank code :front
Voucher Date Vendor Invoice PO #Description/Account Amount
116595 1/21/2010 (Continued)069751 ARAMARK
411.000.655.535.800.410.00 6.65
PW Mats
511.000.657.548.680.410.00 6.65
9.5% Sales Tax
001.000.650.519.910.410.00 0.17
9.5% Sales Tax
111.000.653.542.900.410.00 0.63
9.5% Sales Tax
411.000.652.542.900.410.00 0.63
9.5% Sales Tax
411.000.654.534.800.410.00 0.63
9.5% Sales Tax
411.000.655.535.800.410.00 0.63
9.5% Sales Tax
511.000.657.548.680.410.00 0.64
Total :189.34
116596 1/21/2010 069699 AUDIO VISUAL SPECIALISTS 100106 Convert MLK DVD to play on Channel 21
Convert MLK DVD to play on Channel 21
001.000.110.511.100.410.00 21.85
Total :21.85
116597 1/21/2010 073035 AVAGIMOVA, KARINE 011310 INTERPRETER FEE
INTERPRETER FEE
001.000.230.512.500.410.01 100.00
INTERPRETER FEE272
INTERPRETER FEE
001.000.230.512.500.410.01 100.00
Total :200.00
116598 1/21/2010 001702 AWC EMPLOY BENEFIT TRUST February 2010 FEBRUARY 2010 AWC PREMIUMS
Fire Pension Premiums
617.000.510.522.200.230.00 4,197.55
Retirees AWC Premiums
009.000.390.517.370.230.00 27,322.73
5Page:
Packet Page 29 of 132
01/21/2010
Voucher List
City of Edmonds
6
10:07:41AM
Page:vchlist
Bank code :front
Voucher Date Vendor Invoice PO #Description/Account Amount
116598 1/21/2010 (Continued)001702 AWC EMPLOY BENEFIT TRUST
February 2010 AWC Premiums
811.000.000.231.510.000.00 257,923.80
Total :289,444.08
116599 1/21/2010 073075 BAILEY DUSKIN PEIFFLE &8366-001 99852
Dec-09 Fiber Proj Legal Fees
001.000.310.518.870.410.00 486.00
Total :486.00
116600 1/21/2010 070992 BANC OF AMERICA LEASING 011316093 COPIER RENTAL FEE
COPIER RENTAL FEE
001.000.230.512.501.450.00 154.40
Total :154.40
116601 1/21/2010 002100 BARNARD, EARL 5 LEOFF 1 Reimbursement
LEOFF 1 Reimbursement
617.000.510.522.200.230.00 51.00
Total :51.00
116602 1/21/2010 066891 BEACON PUBLISHING INC 7755 Civil Service vacancy - legal ad
Civil Service vacancy - legal ad
001.000.220.516.210.410.00 118.80
Total :118.80
116603 1/21/2010 071854 BEARD, MELISSA 9/15/09 Tuition Reimbursement - 9/23 - 11/09
Tuition Reimbursement - 9/23 - 11/09
001.000.220.516.100.490.00 800.00
Total :800.00
116604 1/21/2010 069218 BISHOP, PAUL 236 Web Maintenance thr 1/15/2010
Web Maintenance thr 1/15/2010
001.000.310.518.880.410.00 390.00
9.5% Sales Tax
001.000.310.518.880.410.00 37.05
Total :427.05
6Page:
Packet Page 30 of 132
01/21/2010
Voucher List
City of Edmonds
7
10:07:41AM
Page:vchlist
Bank code :front
Voucher Date Vendor Invoice PO #Description/Account Amount
116605 1/21/2010 073062 BLUE FLAME BLD20090889 Online Permit VOID - not in city limits.
Online Permit VOID - not in city limits.
001.000.000.257.620.000.00 95.00
Total :95.00
116606 1/21/2010 002500 BLUMENTHAL UNIFORM CO INC 786328 INV#786328 EDMONDS PD - COMPTON
MOCK TURTLENECK SHIRTS
001.000.410.521.220.240.00 39.90
9.5% Sales Tax
001.000.410.521.220.240.00 3.79
INV#786344 - EDMONDS PD - HARDWICK786344
5 IN 1 JACKET
001.000.410.521.220.240.00 200.00
NAMETAG
001.000.410.521.220.240.00 11.00
REFLECTIVE PANEL "POLICE"
001.000.410.521.220.240.00 8.00
9.5% Sales Tax
001.000.410.521.220.240.00 21.28
HEAT STAMP
001.000.410.521.220.240.00 5.00
INV#788273 - EDMONDS PD - DRUG TEST KITS788273
NARC NIK TEST KITS "G"
001.000.410.521.910.310.00 259.50
9.5% Sales Tax
001.000.410.521.910.310.00 24.65
Total :573.12
116607 1/21/2010 065739 BOBBY WOLFORD TRUCKING &038233 Storm - Dumping Fees
Storm - Dumping Fees
411.000.652.542.320.490.00 26.00
Total :26.00
116608 1/21/2010 072005 BROCKMANN, KERRY BROCKMANN11826 YOGA
YOGA #11826
001.000.640.575.540.410.00 109.20
7Page:
Packet Page 31 of 132
01/21/2010
Voucher List
City of Edmonds
8
10:07:41AM
Page:vchlist
Bank code :front
Voucher Date Vendor Invoice PO #Description/Account Amount
(Continued)Total :109.201166081/21/2010 072005 072005 BROCKMANN, KERRY
116609 1/21/2010 072075 CAMPBELL, RICHARD 2010-1-2 Medical Program Director for Dec-09
Medical Program Director for Dec-09
001.000.510.526.100.410.00 1,725.00
Total :1,725.00
116610 1/21/2010 073029 CANON FINANCIAL SERVICES 9599707 INV#9599707 CUST# 572105 EDMONDS PD
COPIER RENTAL THRU 2/1/10
001.000.410.521.100.450.00 581.60
9.5% Sales Tax
001.000.410.521.100.450.00 55.25
Total :636.85
116611 1/21/2010 067446 CEM CORPORATION 360694 466915
DRYING PADS
411.000.656.538.800.310.11 605.00
9.5% Sales Tax
411.000.656.538.800.310.11 57.48
Total :662.48
116612 1/21/2010 003510 CENTRAL WELDING SUPPLY RN12091021 2954000
ARGON/NITROGEN/OXYGEN
411.000.656.538.800.450.21 33.20
9.5% Sales Tax
411.000.656.538.800.450.21 3.15
Total :36.35
116613 1/21/2010 064840 CHAPUT, KAREN E CHAPUT11994 FRIDAY NIGHT OUT
FRIDAY NIGHT OUT #11994
001.000.640.574.200.410.00 67.20
FRIDAY NIGHT OUTCHAPUT11995
FRIDAY NIGHT OUT #11995
001.000.640.574.200.410.00 53.20
Total :120.40
116614 1/21/2010 066070 CIT TECHNOLOGY FIN SERV INC 15993558 PW Copier Lease Jan 10
8Page:
Packet Page 32 of 132
01/21/2010
Voucher List
City of Edmonds
9
10:07:41AM
Page:vchlist
Bank code :front
Voucher Date Vendor Invoice PO #Description/Account Amount
116614 1/21/2010 (Continued)066070 CIT TECHNOLOGY FIN SERV INC
PW Copier Lease Jan 10
001.000.650.519.910.450.00 607.12
Total :607.12
116615 1/21/2010 063902 CITY OF EVERETT I10000043 INV#I10000043 EDMONDS PD - TRAINING COST
2010 SHARE POLICE SKILLS TRAINING
001.000.410.521.400.490.00 300.00
Total :300.00
116616 1/21/2010 019215 CITY OF LYNNWOOD 7612 MONTHLY MAINT/OPERATIONS SEWER COSTS
MONTHLY MAINT/OPERATIONS SEWER COSTS
411.000.655.535.800.470.00 13,800.83
Total :13,800.83
116617 1/21/2010 070300 CODE 4 INC 7385 INV#7385 EDMONDS PD - COMPTON 12/14/09
INTERVIEW TECHNIQUES - 12/14/09
001.000.410.521.400.490.00 99.00
Total :99.00
116618 1/21/2010 065891 CONLEY, LISA CONLEY0114 PRESCHOOL ASSISTANT
PRESCHOOL ASSISTANT @ MEADOWDALE
001.000.640.575.560.410.00 210.00
Total :210.00
116619 1/21/2010 062891 COOK PAGING WA 7766451 Water Pager Jan 10
Water Pager Jan 10
411.000.654.534.800.420.00 4.59
Total :4.59
116620 1/21/2010 004867 COOPER, JACK F 6 LEOFF 1 Reimbursement
LEOFF 1 Reimbursement
617.000.510.522.200.230.00 1,156.80
Total :1,156.80
116621 1/21/2010 063507 COXLEY, BRUCE COXLEY011210 PHOTOGRAPHY ASSIGNMENT
PHOTOGRAPHY ASSIGNMENT:~
9Page:
Packet Page 33 of 132
01/21/2010
Voucher List
City of Edmonds
10
10:07:41AM
Page:vchlist
Bank code :front
Voucher Date Vendor Invoice PO #Description/Account Amount
116621 1/21/2010 (Continued)063507 COXLEY, BRUCE
001.000.640.574.200.410.00 50.00
Total :50.00
116622 1/21/2010 006200 DAILY JOURNAL OF COMMERCE 88547 DAILY JOURNAL OF COMMERCE 2010
Subscription for 2010
001.000.610.519.700.490.00 220.00
Total :220.00
116623 1/21/2010 072563 DATALINK MO176039 Service & Support NetApp Storage
Service & Support NetApp Storage
001.000.310.518.880.480.00 5,850.00
9.5% Sales Tax
001.000.310.518.880.480.00 555.75
Total :6,405.75
116624 1/21/2010 073065 DENOVAN, JIM DENOVAN0115 REFUND
REFUND DUE TO INSUFFICIENT REGISTRATION
001.000.000.239.200.000.00 70.00
Total :70.00
116625 1/21/2010 070683 EDMONDS MAIL & PARCEL 17883 UPS/RESOURSE LAB
UPS/RECOURSES LAB
411.000.656.538.800.420.00 146.62
9.5% Sales Tax
411.000.656.538.800.420.00 13.93
Total :160.55
116626 1/21/2010 067345 EDMONDS TOWING 0126421 Unit 101 - Towing Fees
Unit 101 - Towing Fees
511.000.657.548.680.480.00 206.50
9.5% Sales Tax
511.000.657.548.680.480.00 19.65
Unit 5 - Towing Fees0126474
Unit 5 - Towing Fees
511.000.657.548.680.480.00 122.00
9.5% Sales Tax
10Page:
Packet Page 34 of 132
01/21/2010
Voucher List
City of Edmonds
11
10:07:41AM
Page:vchlist
Bank code :front
Voucher Date Vendor Invoice PO #Description/Account Amount
116626 1/21/2010 (Continued)067345 EDMONDS TOWING
511.000.657.548.680.480.00 11.60
Total :359.75
116627 1/21/2010 069924 EIMCO WATER TECHNOLOGIES 8451392A WIPER BOTTOM/WIPER SIDE NEOPRENE
WIPER BOTTOM/WIPER SIDE NEOPRENE
411.000.656.538.800.310.21 848.00
9.5% Sales Tax
411.000.656.538.800.310.21 80.56
Total :928.56
116628 1/21/2010 008812 ELECTRONIC BUSINESS MACHINES 051552 MAINT ON COPIER
MAINT ON COPIER
001.000.230.512.500.480.00 32.01
Total :32.01
116629 1/21/2010 073076 ENTERPRISE SECURITY 60036723 Museum Alarm Monitoring ~
Museum Alarm Monitoring ~
001.000.651.519.920.480.00 171.00
Total :171.00
116630 1/21/2010 072585 GLOBAL INDUSTRIAL EQUIP CO 103346544 INV#103346544 CUST#1051747 - EDMONDS PD
85 HOOKS & 10 HANGING BINS
001.000.410.521.400.310.00 73.95
Freight
001.000.410.521.400.310.00 20.51
INV#103350199, CUST#1051747 - EDMONDS PD103350199
CORK BULLETIN BOARD
001.000.410.521.400.310.00 27.95
Freight
001.000.410.521.400.310.00 15.77
Total :138.18
116631 1/21/2010 061410 GRCC/WETRC 102836 2454
TRAINING/AMBURGEY
411.000.656.538.800.490.71 20.00
11Page:
Packet Page 35 of 132
01/21/2010
Voucher List
City of Edmonds
12
10:07:41AM
Page:vchlist
Bank code :front
Voucher Date Vendor Invoice PO #Description/Account Amount
(Continued)Total :20.001166311/21/2010 061410 061410 GRCC/WETRC
116632 1/21/2010 012560 HACH COMPANY 6549611 112830
LAB SUPPLIES
411.000.656.538.800.310.31 610.63
Freight
411.000.656.538.800.310.31 36.95
9.5% Sales Tax
411.000.656.538.800.310.31 61.53
Total :709.11
116633 1/21/2010 013500 HINGSON, ROBERT 4 LEOFF 1 Reimbursement
LEOFF 1 Reimbursement
009.000.390.517.370.230.00 4.00
Total :4.00
116634 1/21/2010 070042 IKON FINANCIAL SERVICES 81120561 Rent on reception copier from
Rent on reception copier from
001.000.620.558.800.450.00 30.66
Rent on Engineering color copier from81168365
Rent on Engineering color copier from
001.000.620.558.800.450.00 443.48
Rent on large copier from81168367
Rent on large copier from
001.000.620.558.800.450.00 827.00
Total :1,301.14
116635 1/21/2010 006841 IKON OFFICE SOLUTIONS 5013285736 Maintenance agreement on large copier
Maintenance agreement on large copier
001.000.620.558.800.480.00 41.30
Maintenance Agreement on Eng. color5013285737
Maintenance Agreement on Eng. color
001.000.620.558.800.480.00 365.57
Total :406.87
116636 1/21/2010 073073 JASPER, KATRINA A 0359095 REF SPAY/NEUTER REFUND INV#0359095
SPAY/NEUTER REFUND IMP#7955
12Page:
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Page:vchlist
Bank code :front
Voucher Date Vendor Invoice PO #Description/Account Amount
116636 1/21/2010 (Continued)073073 JASPER, KATRINA A
001.000.000.343.930.000.00 50.00
Total :50.00
116637 1/21/2010 070902 KAREN ULVESTAD PHOTOGRAPHY ULVESTAD11818 DIGITAL PHOTOGRAPHY
DIGITAL PHOTOGRAPHY #11818
001.000.640.574.200.410.00 343.00
Total :343.00
116638 1/21/2010 018760 LUNDS OFFICE ESSENTIALS 103240 Office supplies - HR
Office supplies - HR
001.000.220.516.100.310.00 215.80
9.5% Sales Tax
001.000.220.516.100.310.00 20.50
Total :236.30
116639 1/21/2010 018760 LUNDS OFFICE ESSENTIALS 103243 BUSINESS CARDS
Erick Falk double sided Business Cards
001.000.410.521.710.310.00 40.14
Alan Hardwick Business cards
001.000.410.521.220.310.00 15.14
Kari Hovorka Business cards
001.000.410.521.100.310.00 15.14
Josh McClure Business Cards
001.000.410.521.260.310.00 15.14
David Miller Business Cards
001.000.410.521.210.310.00 15.14
Ken Ploeger Business Cards
001.000.410.521.220.310.00 15.14
R.J. Ramseur Business cards
001.000.410.521.220.310.00 15.14
9.5% Sales Tax
001.000.410.521.710.310.00 3.81
9.5% Sales Tax
001.000.410.521.220.310.00 4.31
9.5% Sales Tax
13Page:
Packet Page 37 of 132
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City of Edmonds
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10:07:41AM
Page:vchlist
Bank code :front
Voucher Date Vendor Invoice PO #Description/Account Amount
116639 1/21/2010 (Continued)018760 LUNDS OFFICE ESSENTIALS
001.000.410.521.100.310.00 1.44
9.5% Sales Tax
001.000.410.521.260.310.00 1.44
9.5% Sales Tax
001.000.410.521.210.310.00 1.44
Total :143.42
116640 1/21/2010 019583 MANPOWER INC 19720982 Receptionist coverage Dec. 28 thru 31.
Receptionist coverage Dec. 28 thru 31.
001.000.620.558.800.410.00 316.49
Total :316.49
116641 1/21/2010 069362 MARSHALL, CITA 297 IN95581
INTERPRETER FEE
001.000.230.512.500.410.01 88.25
XY0028918; CR23774672
INTERPRETER FEE
001.000.230.512.500.410.01 88.25
CR23607; 23608673
INTERPRETER FEE
001.000.230.512.501.410.01 88.25
CR24300; 24801 24412674
INTERPRETER FEE
001.000.230.512.500.410.01 88.25
CR22567677
INTERPRETER FEE
001.000.230.512.501.410.01 88.25
CR23698; 22537693
INTERPRETER FEE
001.000.230.512.501.410.01 88.25
Total :529.50
116642 1/21/2010 020039 MCMASTER-CARR SUPPLY CO 44449496 123106800
CONNECTORS
411.000.656.538.800.310.21 120.32
14Page:
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Page:vchlist
Bank code :front
Voucher Date Vendor Invoice PO #Description/Account Amount
116642 1/21/2010 (Continued)020039 MCMASTER-CARR SUPPLY CO
Freight
411.000.656.538.800.310.21 5.90
12310680044517114
T STRAINERS/ALUMINUM ALLOY
411.000.656.538.800.310.21 128.92
Freight
411.000.656.538.800.310.21 21.78
12310680044667634
STRAINER
411.000.656.538.800.310.21 64.27
Freight
411.000.656.538.800.310.21 5.54
12310680044695689
SPRAY NOZZLE/STAINLESS STEEL
411.000.656.538.800.310.21 477.05
Freight
411.000.656.538.800.310.21 13.23
Total :837.01
116643 1/21/2010 070908 MICHIGAN STATE UNIVERSITY 10152 CRIMINAL JUSTICE PROGRAM
CRIMINAL JUSTICE PROGRAM
001.000.230.512.500.490.00 265.00
Total :265.00
116644 1/21/2010 068662 MINNIHAN, TERRY 3 LEOFF 1 Reimbursement
LEOFF 1 Reimbursement
009.000.390.517.370.230.00 359.13
Total :359.13
116645 1/21/2010 072991 MOE, CHELSY MOE0114 MEADOWDALE PRESCHOOL SUBSTITUTE
MEADOWDALE PRESCHOOL SUB~
001.000.640.575.560.410.00 170.00
Total :170.00
116646 1/21/2010 061654 NATIONAL BARRICADE CO LLC 227653 Water/Sewer - Sign Stands, Signs, for
15Page:
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Page:vchlist
Bank code :front
Voucher Date Vendor Invoice PO #Description/Account Amount
116646 1/21/2010 (Continued)061654 NATIONAL BARRICADE CO LLC
Water/Sewer - Sign Stands, Signs, for
411.000.654.534.800.310.00 576.75
Water/Sewer - Sign Stands, Signs, for
411.000.655.535.800.310.00 576.75
Freight
411.000.654.534.800.310.00 7.50
Freight
411.000.655.535.800.310.00 7.50
Sales Tax
411.000.654.534.800.310.00 55.51
Sales Tax
411.000.655.535.800.310.00 55.50
Total :1,279.51
116647 1/21/2010 024302 NELSON PETROLEUM 0420233-IN 01-0000817
DIESEL FUEL
411.000.656.538.800.320.00 590.84
9.5% Sales Tax
411.000.656.538.800.320.00 54.36
Total :645.20
116648 1/21/2010 065315 NEWCOMB, TRACY NEWCOMB12169 POWER PLAY
POWER PLAY #12169
001.000.640.574.200.410.00 42.00
Total :42.00
116649 1/21/2010 024960 NORTH COAST ELECTRIC COMPANY S3169049.001 2091
ELECTRICAL SUPPLIES
411.000.656.538.800.310.22 320.37
9.5% Sales Tax
411.000.656.538.800.310.22 30.44
Total :350.81
116650 1/21/2010 064006 NORTH WEST INSTRUMENT SERVICES 10577 SCALE CERTIFICATION
SCALE CERTIFICATION
16Page:
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Page:vchlist
Bank code :front
Voucher Date Vendor Invoice PO #Description/Account Amount
116650 1/21/2010 (Continued)064006 NORTH WEST INSTRUMENT SERVICES
411.000.656.538.800.410.31 180.00
9.5% Sales Tax
411.000.656.538.800.410.31 17.10
Total :197.10
116651 1/21/2010 070045 NORTHUP GROUP 2112 INV# 2112 EDMONDS PD 12/22/09
FIT FOR DUTY EVALUATION
001.000.410.521.100.410.00 1,200.00
Total :1,200.00
116652 1/21/2010 063511 OFFICE MAX INC 882782 INV#882782 ACCT#520437 250POL-EDMONDS PD
MULTI USE COPY PAPER
001.000.410.521.100.310.00 499.35
KLEENEX TISSUES
001.000.410.521.100.310.00 66.59
YELLOW HIGHLIGHTERS
001.000.410.521.100.310.00 12.68
BLACK FLEXIGRIP RETRACT PENS
001.000.410.521.100.310.00 113.50
STENO BOOKS 6x9
001.000.410.521.100.310.00 18.48
LEGAL PADS 5x8
001.000.410.521.100.310.00 11.02
YELLOW PADS 5x11.75
001.000.410.521.100.310.00 24.88
BLUE FLEXIGRIP RETRACT PENS
001.000.410.521.100.310.00 25.02
9.5% Sales Tax
001.000.410.521.100.310.00 73.29
INV#942835 ACCT#520437 250POL EDMONDS PD942835
HP LASERJET CARTRIDGE-LAWLESS
001.000.410.521.100.310.00 208.95
HP LASER COLOR PAPER
001.000.410.521.100.310.00 59.62
TRAY ORGANIZER - D.SMITH
17Page:
Packet Page 41 of 132
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Page:vchlist
Bank code :front
Voucher Date Vendor Invoice PO #Description/Account Amount
116652 1/21/2010 (Continued)063511 OFFICE MAX INC
001.000.410.521.210.310.00 17.90
9.5% Sales Tax
001.000.410.521.100.310.00 25.52
9.5% Sales Tax
001.000.410.521.210.310.00 1.70
Total :1,158.50
116653 1/21/2010 063511 OFFICE MAX INC 943373 SUPPLIES
SUPPLIES
001.000.230.512.501.310.00 99.50
SUPPLIES943420
SUPPLIES
001.000.230.512.500.310.00 11.25
SUPPLIES960385
SUPPLIES
001.000.230.512.500.310.00 107.02
SUPPLIES984325
SUPPLIES
001.000.230.512.501.310.00 152.42
Total :370.19
116654 1/21/2010 063511 OFFICE MAX INC 798198 520437
INKJET CARTRIDGES
411.000.656.538.800.310.41 69.64
9.5% Sales Tax
411.000.656.538.800.310.41 6.62
520437847674
CALENDAR
411.000.656.538.800.310.41 8.76
9.5% Sales Tax
411.000.656.538.800.310.41 0.83
520437898410
COPIER PAPER/PENS/DIVIDERS
411.000.656.538.800.310.41 85.29
9.5% Sales Tax
18Page:
Packet Page 42 of 132
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Page:vchlist
Bank code :front
Voucher Date Vendor Invoice PO #Description/Account Amount
116654 1/21/2010 (Continued)063511 OFFICE MAX INC
411.000.656.538.800.310.41 8.10
Total :179.24
116655 1/21/2010 063511 OFFICE MAX INC 141131 PW Admin - Calendars, Markers, Steno
PW Admin - Calendars, Markers, Steno
001.000.650.519.910.310.00 69.31
Water - Calendars
411.000.654.534.800.310.00 19.45
Fac Maint - Calendars
001.000.651.519.920.310.00 48.15
Street - Calendars
111.000.653.542.900.310.00 19.26
Storm - Calendars
411.000.652.542.900.310.00 20.68
Sewer - Calendars
411.000.655.535.800.310.00 22.59
Street Calendars
111.000.653.542.900.310.00 25.92
9.5% Sales Tax
001.000.650.519.910.310.00 6.59
9.5% Sales Tax
411.000.654.534.800.310.00 1.85
9.5% Sales Tax
001.000.651.519.920.310.00 4.57
9.5% Sales Tax
111.000.653.542.900.310.00 4.29
9.5% Sales Tax
411.000.652.542.900.310.00 1.97
9.5% Sales Tax
411.000.655.535.800.310.00 2.14
PW Admin - Calendar141189
PW Admin - Calendar
001.000.650.519.910.310.00 20.07
9.5% Sales Tax
001.000.650.519.910.310.00 1.90
19Page:
Packet Page 43 of 132
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City of Edmonds
20
10:07:41AM
Page:vchlist
Bank code :front
Voucher Date Vendor Invoice PO #Description/Account Amount
116655 1/21/2010 (Continued)063511 OFFICE MAX INC
PW - Returns455620
PW - Returns
001.000.650.519.910.310.00 -20.07
9.5% Sales Tax
001.000.650.519.910.310.00 -1.90
PW Calendars Returned455878
PW Calendars Returned
001.000.650.519.910.310.00 -10.53
9.5% Sales Tax
001.000.650.519.910.310.00 -0.99
PW - Calendar, Folders, Tabs797523
PW - Calendar, Folders, Tabs
001.000.650.519.910.310.00 70.90
9.5% Sales Tax
001.000.650.519.910.310.00 6.74
PW - Markers, Pens, Pencils, Erasers,871658
PW - Markers, Pens, Pencils, Erasers,
001.000.650.519.910.310.00 73.32
Sewer - Printer Ink
411.000.655.535.800.310.00 68.23
9.5% Sales Tax
001.000.650.519.910.310.00 6.96
9.5% Sales Tax
411.000.655.535.800.310.00 6.48
PW Markers871881
PW Markers
001.000.650.519.910.310.00 6.84
9.5% Sales Tax
001.000.650.519.910.310.00 0.64
Water Quality- Printer Ink897905
Water Quality- Printer Ink
411.000.654.534.800.310.00 127.08
9.5% Sales Tax
411.000.654.534.800.310.00 12.07
20Page:
Packet Page 44 of 132
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City of Edmonds
21
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Page:vchlist
Bank code :front
Voucher Date Vendor Invoice PO #Description/Account Amount
(Continued)Total :614.511166551/21/2010 063511 063511 OFFICE MAX INC
116656 1/21/2010 063511 OFFICE MAX INC 884189 Misc. office supplies including
Misc. office supplies including
001.000.620.558.800.310.00 344.39
9.5% Sales Tax
001.000.620.558.800.310.00 32.72
Total :377.11
116657 1/21/2010 064645 OLYMPIC MECHANICAL INC BLD20100002 Online Permit Void - not in city limits.
Online Permit Void - not in city limits.
001.000.000.257.620.000.00 95.00
Total :95.00
116658 1/21/2010 066339 PACIFIC OFFICE AUTOMATION 994718 B/W Copy Overage Fee (42)
B/W Copy Overage Fee (42)
411.000.654.534.800.480.00 0.19
B/W Copy Overage Fee (42)
411.000.655.535.800.480.00 0.19
B/W Copy Overage Fee (42)
411.000.652.542.900.480.00 0.19
B/W Copy Overage Fee (42)
111.000.653.542.900.480.00 0.19
Color Copy Overage Fee (1236)
411.000.654.534.800.480.00 33.28
Color Copy Overage Fee (1236)
411.000.655.535.800.480.00 33.28
Color Copy Overage Fee (1236)
411.000.652.542.900.480.00 33.28
Color Copy Overage Fee (1236)
111.000.653.542.900.480.00 33.26
9.5% Sales Tax
411.000.654.534.800.480.00 3.18
9.5% Sales Tax
411.000.655.535.800.480.00 3.18
9.5% Sales Tax
21Page:
Packet Page 45 of 132
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City of Edmonds
22
10:07:41AM
Page:vchlist
Bank code :front
Voucher Date Vendor Invoice PO #Description/Account Amount
116658 1/21/2010 (Continued)066339 PACIFIC OFFICE AUTOMATION
411.000.652.542.900.480.00 3.18
9.5% Sales Tax
111.000.653.542.900.480.00 3.18
Total :146.58
116659 1/21/2010 064552 PITNEY BOWES 3833100JA10 POSTAGE METER LEASE
Lease 12/30 to 01/30
001.000.250.514.300.450.00 866.00
Total :866.00
116660 1/21/2010 071811 PONY MAIL BOX & BUSINESS CTR 182124 INV#182124, ACCT#2772 EDMONDS PD
RADIO TO MOTOROLA FOR REPAIR
001.000.410.521.100.420.00 22.86
TASER FOR REPAIR TO TASER INT.
001.000.410.521.100.420.00 10.42
Total :33.28
116661 1/21/2010 064291 QWEST 206-Z02-0478 332B TELEMETRY
TELEMETRY
411.000.656.538.800.420.00 138.52
Total :138.52
116662 1/21/2010 070955 R&R STAR TOWING 68052 INV#68052 EDMONDS PD #10-0132
TOWING 2006 HUMMER 319WAJ
001.000.410.521.220.410.00 158.00
9.5% Sales Tax
001.000.410.521.220.410.00 15.01
Total :173.01
116663 1/21/2010 072254 RIVER OAKS COMMUNICATIONS CORP 01112010 COMCAST CABLE FRANCHISE NEGOTIATIONS
Comcast Cable Franchise Negotiations
001.000.610.519.700.410.00 173.84
Total :173.84
116664 1/21/2010 069062 RONGERUDE, JOHN 7394 PUBLIC DEFENDER FEE
PUBLIC DEFENDER FEE
22Page:
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Page:vchlist
Bank code :front
Voucher Date Vendor Invoice PO #Description/Account Amount
116664 1/21/2010 (Continued)069062 RONGERUDE, JOHN
001.000.390.512.520.410.00 800.00
Total :800.00
116665 1/21/2010 037225 SNO CO CLERKS & FINANCE ASSOC Jan-10 Jan-2010 Mtg Chase/Hynd/Karber
Jan-2010 Mtg Chase/Hynd/Karber
001.000.250.514.300.490.00 28.00
Jan-2010 Mtg Chase/Hynd/Karber
001.000.310.514.230.490.00 14.00
Total :42.00
116666 1/21/2010 037375 SNO CO PUD NO 1 PUD/SEAVIEW DISCONNECT/RECONNECT FEES
DISCONNECT & RECONNECT FEES @ SEAVIEW
001.000.640.576.800.480.00 550.00
Total :550.00
116667 1/21/2010 037375 SNO CO PUD NO 1 281055956 620-001-500-3
VARIOUS LOCATIONS
411.000.656.538.800.471.62 8.37
9.5% Sales Tax
411.000.656.538.800.471.62 0.50
Total :8.87
116668 1/21/2010 064351 SNOHOMISH COUNTY TREASURER 2009198 INV#2009198 EDMONDS PD
57.17 BOOKINGS FOR 12/09
001.000.410.523.600.510.00 5,303.09
628.50 HOUSING DAYS FOR 12/09
001.000.410.523.600.510.00 38,407.64
Total :43,710.73
116669 1/21/2010 038100 SNO-KING STAMP 44005 PW Received Date Stamp
PW Received Date Stamp
001.000.650.519.910.310.00 39.27
Freight
001.000.650.519.910.310.00 3.00
9.5% Sales Tax
001.000.650.519.910.310.00 4.02
23Page:
Packet Page 47 of 132
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City of Edmonds
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Page:vchlist
Bank code :front
Voucher Date Vendor Invoice PO #Description/Account Amount
116669 1/21/2010 (Continued)038100 SNO-KING STAMP
Water Quality - Entered Date Stamp44036
Water Quality - Entered Date Stamp
411.000.654.534.800.310.00 39.27
Freight
411.000.654.534.800.310.00 3.00
9.5% Sales Tax
411.000.654.534.800.310.00 4.02
Total :92.58
116670 1/21/2010 038100 SNO-KING STAMP 44004 Date stamp - reception desk.
Date stamp - reception desk.
001.000.620.558.800.310.00 46.29
Date stamp for planning dept.44032
Date stamp for planning dept.
001.000.620.558.800.310.00 53.87
Total :100.16
116671 1/21/2010 038300 SOUND DISPOSAL CO 03584 RECYCLING
RECYCLING
411.000.656.538.800.475.66 28.25
9.5% Sales Tax
411.000.656.538.800.475.66 1.70
Total :29.95
116672 1/21/2010 038300 SOUND DISPOSAL CO 03583 PS Garbage
PS Garbage
001.000.651.519.920.470.00 550.74
FAC Garbage03585
FAC Garbage
001.000.651.519.920.470.00 674.47
Library Garbage03586
Library Garbage
001.000.651.519.920.470.00 555.23
City Hall Garbage03588
City Hall Garbage
24Page:
Packet Page 48 of 132
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City of Edmonds
25
10:07:41AM
Page:vchlist
Bank code :front
Voucher Date Vendor Invoice PO #Description/Account Amount
116672 1/21/2010 (Continued)038300 SOUND DISPOSAL CO
001.000.651.519.920.470.00 495.66
Total :2,276.10
116673 1/21/2010 070677 SPRINT 502779811-025 INV#502779811-025 EDMONDS PD
DATA CARDS 01/07 - 02/06/10
001.000.410.521.220.420.00 169.97
Total :169.97
116674 1/21/2010 046200 STATE OF WASHINGTON Q4, 2009 Q4, 2009 Leasehold tax
Q4, 2009 Leasehold tax
001.000.000.237.220.000.00 5,076.36
Total :5,076.36
116675 1/21/2010 071585 STERICYCLE INC 3000757753 INV#3000757753 CUST#6076358 EDMONDS PD
MINIMUM MONTHLY SERVICE CHARGE
001.000.410.521.910.410.00 10.00
9.5% Sales Tax
001.000.410.521.910.410.00 0.36
Total :10.36
116676 1/21/2010 068360 SUMMIT LAW GROUP 44756 INV# 44756 EDMONDS PD 09-006 INVEST.
INVESTIGATION IA 09-006
001.000.410.521.100.410.00 5,806.50
Total :5,806.50
116677 1/21/2010 072790 TCC PRINTING & IMAGING 67380 CALENDAR OF EVENTS PRINTING
Calendar of events printing
001.000.240.513.110.440.00 768.89
9.5% Sales Tax
001.000.240.513.110.440.00 73.05
Total :841.94
116678 1/21/2010 060167 TEREX UTILITIES 099-16408 Unit 101 - Bucket Truck Rental
Unit 101 - Bucket Truck Rental
511.000.657.548.680.310.00 2,240.00
25Page:
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City of Edmonds
26
10:07:41AM
Page:vchlist
Bank code :front
Voucher Date Vendor Invoice PO #Description/Account Amount
(Continued)Total :2,240.001166781/21/2010 060167 060167 TEREX UTILITIES
116679 1/21/2010 066056 THE SEATTLE TIMES AD# 04045700 PSA ad, #09-29
PSA ad, #09-29
001.000.220.516.100.440.00 132.00
Total :132.00
116680 1/21/2010 038315 THYSSENKRUPP ELEVATOR 366338 City Hall Elevator Maint~
City Hall Elevator Maint~
001.000.651.519.920.480.00 850.28
9.5% Sales Tax
001.000.651.519.920.480.00 80.77
PS Monitoring~366339
PS Monitoring~
001.000.651.519.920.480.00 41.90
Sr Center Elev Maint376149
Sr Center Elev Maint
001.000.651.519.920.480.00 154.98
9.5% Sales Tax
001.000.651.519.920.480.00 14.71
Sr Center Elevator Monitoring~376150
Sr Center Elevator Monitoring~
001.000.651.519.920.480.00 11.94
Total :1,154.58
116681 1/21/2010 072146 TRUAX, BREANNE 01062010 MONITOR FOR JOINT EDC/PB MTG
Monitor for joint Economic Dev
001.000.240.513.110.490.00 36.00
Monitor for Economic Dev Commission
001.000.240.513.110.490.00 36.00
Total :72.00
116682 1/21/2010 072146 TRUAX, BREANNE TRUAX0116 ANDERSON CENTER MONITOR
ANDERSON CENTER GYM MONITOR FOR DANCE
001.000.640.574.100.410.00 36.00
Total :36.00
26Page:
Packet Page 50 of 132
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City of Edmonds
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Page:vchlist
Bank code :front
Voucher Date Vendor Invoice PO #Description/Account Amount
116683 1/21/2010 061192 UNITED PIPE & SUPPLY 8393705 Water Inventory - ~
Water Inventory - ~
411.000.654.534.800.341.00 609.74
Water Supplies - Super Jumbo Lids
411.000.654.534.800.310.00 863.28
9.5% Sales Tax
411.000.654.534.800.341.00 57.93
9.5% Sales Tax
411.000.654.534.800.310.00 82.01
Water Supplies - Super Jumbo Lid8397025
Water Supplies - Super Jumbo Lid
411.000.654.534.800.310.00 95.92
9.5% Sales Tax
411.000.654.534.800.310.00 9.11
Total :1,717.99
116684 1/21/2010 062693 US BANK 3306 TRAINING/ZUVELA
TRAINING/ZUVELA
411.000.656.538.800.490.71 249.00
VOICE RECORDER
411.000.656.538.800.310.41 74.00
MICROPHONE
411.000.656.538.800.310.41 66.95
Total :389.95
116685 1/21/2010 062693 US BANK 3363 Standard Ind & Auto Equip - Fleet Small
Standard Ind & Auto Equip - Fleet Small
511.000.657.548.680.350.00 292.61
Engineered Lfiting System - Unit 31 -
511.000.657.548.680.310.00 506.49
Svc Fee
511.000.657.548.680.310.00 2.00
Benson Ind - Seaview Park Building -3405
Benson Ind - Seaview Park Building -
125.000.640.576.800.310.00 1,155.23
UPS - Fleet - Owen Equip Return Postage3546
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Packet Page 51 of 132
01/21/2010
Voucher List
City of Edmonds
28
10:07:41AM
Page:vchlist
Bank code :front
Voucher Date Vendor Invoice PO #Description/Account Amount
116685 1/21/2010 (Continued)062693 US BANK
UPS - Fleet - Owen Equip Return Postage
511.000.657.548.680.420.00 4.80
WA L&I - SeaView Park - Elect Permit
001.000.640.576.800.490.00 100.70
UPS - Fleet - Owen Equip - Return
511.000.657.548.680.420.00 4.80
Total :2,066.63
116686 1/21/2010 062693 US BANK 1000 Law seminars Kernen & Jen, Climate
Law seminars Kernen & Jen, Climate
001.000.620.558.600.490.00 1,891.18
Travel Expenses for Rob English to
001.000.620.532.200.430.00 158.40
Total :2,049.58
116687 1/21/2010 069816 VWR INTERNATIONAL INC 40584218 1066294
VWR WIPERS/DETERGENT POWDER
411.000.656.538.800.310.31 132.15
9.5% Sales Tax
411.000.656.538.800.310.31 12.55
106629440584221
TIP MACRO
411.000.656.538.800.310.31 81.18
Freight
411.000.656.538.800.310.31 13.30
9.5% Sales Tax
411.000.656.538.800.310.31 8.97
Total :248.15
116688 1/21/2010 062812 WA CRANE AND HOIST CO INC 0008375-IN EWW 1EW
REPAIR CRANE
411.000.656.538.800.480.21 380.00
9.5% Sales Tax
411.000.656.538.800.480.21 36.10
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01/21/2010
Voucher List
City of Edmonds
29
10:07:41AM
Page:vchlist
Bank code :front
Voucher Date Vendor Invoice PO #Description/Account Amount
(Continued)Total :416.101166881/21/2010 062812 062812 WA CRANE AND HOIST CO INC
116689 1/21/2010 045515 WABO 19530 Job posting on WABO web site
Job posting on WABO web site
001.000.620.524.100.440.00 50.00
Total :50.00
116690 1/21/2010 067917 WALLY'S TOWING INC 43132 INV#43132 EDMONDS PD #10-0132
TOWING 1997 328 BMW 494UQU
001.000.410.521.220.410.00 158.00
9.5% Sales Tax
001.000.410.521.220.410.00 15.01
Total :173.01
116691 1/21/2010 071986 WASHINGTON INDUSTRIAL 902 10/09 CO1 C-316
C-316 SECONDARY CLARIFIER #2
414.000.656.594.320.650.00 23,525.20
C-316 RETAINAGE SECONDARY CLARIFIER #2
414.000.000.223.400.000.00 -1,074.21
Total :22,450.99
116692 1/21/2010 073063 WASHINGTON WATER HEATERS BLD20090884 Online Permit overpayment.
Online Permit overpayment.
001.000.000.257.620.000.00 10.00
Total :10.00
116693 1/21/2010 045912 WASPC 120202 DEC-09 ELECTRONIC MONITORING
DEC-09 ELECTRONIC MONITORING
001.000.230.523.200.510.00 310.50
Total :310.50
116694 1/21/2010 061395 WASTE MANAGEMENT NW 5945345-2677-9 201-0170717-2677-6
ASH DISPOSAL
411.000.656.538.800.474.65 5,304.55
Total :5,304.55
116695 1/21/2010 067115 WHELEN ENGINEERING CO INC R16405 Fleet - Strobe Light
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01/21/2010
Voucher List
City of Edmonds
30
10:07:41AM
Page:vchlist
Bank code :front
Voucher Date Vendor Invoice PO #Description/Account Amount
116695 1/21/2010 (Continued)067115 WHELEN ENGINEERING CO INC
Fleet - Strobe Light
511.000.657.548.680.480.00 98.00
Total :98.00
116696 1/21/2010 064234 WILDWATER RIVER TOURS INC AMUNDSON11985 BALD EAGLE WATCH
SKAGIT BALD EAGLE WATCH
001.000.640.574.200.410.00 476.34
Total :476.34
116697 1/21/2010 065179 WSAPT TREASURER WSAPT2010 Wash. State Assoc. of Permit
Wash. State Assoc. of Permit
001.000.620.524.100.490.00 35.00
Total :35.00
Bank total :437,010.24113 Vouchers for bank code :front
437,010.24Total vouchers :Vouchers in this report113
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Packet Page 54 of 132
AM-2737 2.D.
Claim for Damages
Edmonds City Council Meeting
Date:01/26/2010
Submitted By:Linda Hynd
Submitted For:Sandy Chase Time:Consent
Department:City Clerk's Office Type:Action
Review Committee:
Committee Action:
Information
Subject Title
Acknowledge receipt of a Claim for Damages from Landon B. Reynolds ($3,276.16).
Recommendation from Mayor and Staff
It is recommended that the City Council acknowledge receipt of the Claim for Damages by minute
entry.
Previous Council Action
N/A
Narrative
Landon B. Reynolds
7660 199th Street SW
Edmonds, WA 98026
($3,276.16)
Fiscal Impact
Attachments
Link: Reynolds Claim for Damages
Form Routing/Status
Route Seq Inbox Approved By Date Status
1 City Clerk Sandy Chase 01/21/2010 09:21 AM APRV
2 Mayor Gary Haakenson 01/21/2010 10:04 AM APRV
3 Final Approval Sandy Chase 01/21/2010 10:21 AM APRV
Form Started By: Linda
Hynd
Started On: 01/20/2010 09:37
AM
Final Approval Date: 01/21/2010
Packet Page 55 of 132
Packet Page 56 of 132
Packet Page 57 of 132
AM-2749 2.E.
Community Services and Economic Development Quarterly Report
Edmonds City Council Meeting
Date:01/26/2010
Submitted By:Stephen Clifton Time:Consent
Department:Community Services Type:Information
Review Committee:
Committee Action:
Information
Subject Title
Community Services and Economic Development Quarterly Report – January, 2010.
Recommendation from Mayor and Staff
Previous Council Action
Narrative
As requested by the City Council, this report provides an update on major projects currently
worked on by staff of the Community Services and Economic Development Departments.
Fiscal Impact
Attachments
Link: Community Services and Economic Development Quarterly Report - January, 2010
Form Routing/Status
Route Seq Inbox Approved By Date Status
1 City Clerk Sandy Chase 01/21/2010 03:44 PM APRV
2 Mayor Gary Haakenson 01/21/2010 03:46 PM APRV
3 Final Approval Sandy Chase 01/21/2010 03:48 PM APRV
Form Started By: Stephen
Clifton
Started On: 01/21/2010 03:39
PM
Final Approval Date: 01/21/2010
Packet Page 58 of 132
City of Edmonds
Community Services Department
Economic Development Department
Date: January 21, 2010
To: Mayor Haakenson and City Council members
From: Stephen Clifton, AICP
Community Services and Economic Development Director
Subject: Community Services and Economic Development
Quarterly Report – January, 2010
As requested by the City Council, this report provides an update on major projects currently
worked on by staff of the Community Services and Economic Development Departments.
Community Services
I. EDMONDS CROSSING
Project Description
Edmonds Crossing is a regional project intended to provide a long-term solution to current
operational and safety conflicts between ferry, rail, automobile, bus, and pedestrian traffic in
downtown Edmonds and along State Route 104. The Federal Highway Administration
(FHWA), Federal Transit Administration (FTA), Washington State Department of
Transportation (WSDOT) (including Washington State Ferries [WSF]), and City of Edmonds
propose to relocate the existing state ferry terminal from Main Street, in downtown
Edmonds, to Pt. Edwards, south of the downtown core. In the process, a multimodal center
would be established that would integrate ferry, rail, and transit services into a single
complex. A realigned SR 104 from its current intersection with Pine Street would provide
access. The new complex would provide an upgraded ferry terminal designed to meet the
operational requirements for accommodating forecast ferry ridership demand; a new rail
station designed to meet intercity passenger (Amtrak) and commuter rail (Sounder) service;
a transit center that would meet local bus system and regional transit system loading
requirements; facilities that allow both vehicular commuters and walk-on passengers to
utilize various transportation modes; parking, drop-off areas, retail/ concessionaire space,
waiting areas; and a system linking these facilities to allow for the safe movement of users.
City of Edmonds Community Services
Packet Page 59 of 132
Significant Activities Since October 22, 2009
October, November and December, 2009 and January, 2010 – WSF staff continue to
explore minimum build alternatives / options for Edmonds ferry improvements.
II. SOUND TRANSIT (PHASE 1, AKA SOUND MOVE)
Project Description
During the past few years, Sound Transit has been implementing what is called the Sound
Move Plan. One element calls for commuter rail services, otherwise known as Sounder.
Commuter rail will eventually link Everett in the north with Seattle, Tacoma and Lakewood in
the South, a total of 82 miles through three counties. Sounder is being implemented in
three phases, one of which includes Everett to Seattle or the North Commuter Rail corridor.
Three commuter rail stations exist along this corridor, i.e., Everett, Mukilteo and Edmonds.
Everett-Seattle Sounder, at full operation, now calls for 8 trains per day, i.e., four round trips,
and will include reverse trips. This is a reduction of two round trips from the originally
proposed operational plan. Initial service will be phased in. The first roundtrip train run
began in December, 2003.
Edmonds Station is currently located between Main and Dayton Streets along both sides of
the Burlington Northern Santa Fe (BNSF) tracks. The station area is also co-located with
Amtrak’s Edmonds Passenger Station. The Sounder commuter rail station, once completed
will include ADA accessible rail platforms, shelters, signage, lighting fixtures, hanging flower
baskets, ticket vending machines. on-site parking, and Community Transit bus station.
In an attempt to environmental enhance Willow Creek and Edmonds Marsh, a culvert will be
installed near the Marina Beach property beneath both BNSF Railroad tracks, concurrent with
the construction of a second BNSF rail line. This will allow for the eventual daylighting of
Willow Creek, if funding is available.
Significant Activities since October 22, 2009
January 5, 2010 – The Edmonds City Council approved a Development Agreement for
Edmonds Commuter Rail Station between the City of Edmonds, Washington and Sound
Transit, and an Interlocal Agreement between Sound Transit and the City of Edmonds.
This is the first of four steps necessary to begin construction on the Sound Transit
Commuter Rail Station. The remaining steps include issuing a building permit, soliciting
for bids and awarding a contract. Sound Transit expects to begin construction sometime
this spring.
III. SOUND TRANSIT 2
Expanding the regional mass transit system
On Nov. 4, 2008, voters of the Central Puget Sound region approved a Sound Transit 2 ballot
measure. The plan adds regional express bus and commuter rail service while building 36
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additional miles of light rail to form a 55-mile regional system. For additional information,
visit http://soundtransit.org/
Significant Activities Since October 22, 2009
January 7, 2010 – City of Edmonds staff participated in a technical committee consisting
of staff from jurisdictions located within north King and south Snohomish Counties. The
purpose of the committee is to meet on a regular basis, with the intent of sharing
information, discussing the environmental process and potential alignments of High
Capacity Transit, i.e., light rail.
IV. UNOCAL AKA CHEVRON SITE CLEANUP
Project Description
The UNOCAL property currently consists of a lower yard which currently contains petroleum
contamination resulting from more than 60 years of operation. Chevron, which acquired
UNOCAL, is now the entity responsible for cleaning up the site. Cleanup work at the lower
yard, which began in 2007, is a continuation of remediation work that has been ongoing at
the site since 2001. Chevron conducted the following work from summer 2007 through fall
2008:
Excavated soil with metals contamination exceeding Washington State Department of
Ecology standards in order to protect against direct contact with the soil (such as
ingestion) and impacts to the groundwater.
Excavated soil with petroleum contamination exceeding safe levels for direct contact.
Excavation of this soil was for protection of groundwater and surface water.
Excavated contaminated sediment in Willow Creek, on the northern edge of the site.
The primary excavation work at the lower yard (including the Willow Creek area) was
complete by September 2008. Over 140,000 tons of contaminated soil and 9,000 gallons of
petroleum product have been removed from the site. The lower yard site has been re-graded
and reseeded. The Willow Creek area has been re-planted with native vegetation.
Significant Activities since October 22, 2009
October, November and December, 2009 and January, 2010 – Monitoring of the site
continues.
V. EDMONDS PUBLIC FACILITIES DISTRICT
Overview
The City Council, pursuant to state law, approved the formation of the Public Facilities District
(PFD) at its April 24, 2001 meeting. A PFD is a separate municipal corporation that has
authority to undertake the design, construction, operation, promotion and financing of a
Regional Center in the city. The Public Facilities District board consists of five members
originally appointed by the City Council on June 19, 2001. Phase 1A renovation of the
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original Edmonds High School Auditorium into a first class Edmonds Center for the Arts (ECA)
and multipurpose facility was completed in September of 2006.
Significant Activities Since October 22, 2009
October, November and December, 2009 and January, 2010 –No new information at this
time.
VI. SNOHOMISH COUNTY PAINE FIELD
Overview
On July 14, 2004, a Mead & Hunt Inc. Business Travel Survey was issued which focused on
the market potential and options for Paine Field. On August 20, 2004, a Snohomish County
Citizen Cabinet issued an Economic Development Final Report -Blueprint for the Economic
Future of Snohomish County. Both reports put Paine Field in the regional spotlight as they
highlight the possibility of using Paine Field for commercial aircraft operations, thus changing
its general aviation status.
Although Snohomish County Executive Aaron Reardon and some County Council members
have said they do not support commercial air service at Paine Field, federal law obligates the
county to accommodate commercial service. Federal law does not allow the county to
prohibit or limit scheduled passenger air service. Instead, it requires that the county
negotiate with the airlines in good faith to accommodate their proposed service.
Horizon Airlines has indicated it wants to operate four times a day to Portland and twice per
day to Spokane, using 75-seat Bombardier Q400 turboprop airplanes on both routes.
Allegiant has said it plans to operate twice a week to Las Vegas, using 150-seat MD83 jet
aircraft.
Before airlines may begin commercial service, the FAA must amend the county’s operating
certificate for Paine Field as well as the airlines’ operating specifications. The county was
required to prepare an environmental assessment for FAA approval before those
amendments can occur.
Key points of the draft environmental assessment include:
1. Considering all current aircraft operations (take offs and landings) at Paine Field.
2. Traffic mitigation.
3. Emissions affecting air quality.
The draft environmental assessment is available for review at the airport office, on the Paine
Field Web site http://www.painefield.com/airserviceea.html, at
www.snoco.org/departments/airport and also in local public libraries.
The public now has the opportunity to review and comment on the draft environmental
assessment before a final determination is made by the FAA. Comments may be submitted
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by email to cayla.morgan@faa.gov or airserviceeacomments@snoco.org. The public
comment period has been extended until Feb. 5, 2010.
Significant Activities Since October 22, 2009
December 4, 2009 – A draft environmental assessment under the National Environmental
Policy Act on two proposals to initiate commercial air service at Paine Field was released
for public review and comment. The environmental review was conducted in response
to two requests to begin commercial air service at Paine Field received by Snohomish
County in 2008.
January 4, 2010 – A public hearing was held at Meadowdale High School in Lynnwood.
Mayor Haakenson attended this meeting.
January 5, 2010 – A public hearing was held at the Snohomish County PUD Auditorium in
Everett.
January 21, 2010 – A public hearing will be held at Kamiak High School in Mukilteo.
VII. RAILROAD QUIET ZONE
Overview
As discussed on a few occasions, there is an expressed desire of the City Council and Port of
Edmonds to establish a full or partial quite zone along the City's shoreline. A quiet zone is a
section of rail line that contains one or more consecutive public crossings at which locomotive
horns are not routinely sounded.
Significant Activities Since October 22, 2009
October, November and December, 2009 and December, 2010 – Although there is no new
information at this time, e.g., studies, reports, analysis, etc., I have been in contact with
another consulting company to discuss the possibilities/feasibility of implementing a
partial or full quiet zone.
VIII. WASHINGTON STATE FERRIES
Edmonds/Kingston Ferry Route Partnership Meeting – Reservation System Pre-
Design Study
Overview
The Edmonds/Kingston ferry route has been selected by Washington State Ferries (WSF) to
study the possibility of establishing a vehicle reservation pilot program. Edmonds/Kingston
was selected because it met certain selection criteria, including technical capability, diverse
customer/ridership base, customer benefit, and community traffic concerns. The Washington
State Legislature asked WSF to conduct a feasibility study for the reservation system and to
look at how it might be implemented on the Edmonds/Kingston route, if funded by the State
Legislature. This partnership group is part of a larger effort to complete a legislated vehicle
reservations pre-design report due to the Legislature before 2010 session. In response to
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the request, WSF formed a community partnership committee composed of 17 individuals
from both sides of the route representing varied interests including business and tourism;
counties, cities and ports; commuters and weekend vehicle travelers; Ferry Advisory
Committees and regional planning organizations. WSF is consulting with community partners
on how to adapt a vehicle reservations system to the specific characteristics of the
Edmonds/Kingston route. The community partnership group met at least once each month
during the development of the pre-design report. The meetings were open to the public
and held in Edmonds and Kingston on an alternating basis.
For more information on the pre-design study, materials from the partnership meetings, and
upcoming meetings, visit http://www.wsdot.wa.gov/Ferries/Planning/VehicleReservations
Significant Activities Since October 22, 2009
October 28, 2009 – A meeting of the Partnership was held in the Brackett Meeting
Room at Edmonds City Hall. A consultant for the legislature presented on the Isle of
Wight and Istanbul reservations systems, and the group discussed vehicle processing
at Edmonds and Kingston terminals.
November 12, 2009 – A meeting of the Partnership was held in the Brackett Meeting
Room at Edmonds City Hall. Topics of discussions included 1) vehicle reservation
system overview and emerging elements of a system, 2) information technology and
communications including Wave2GO, key information technology system features,
regional information signage and Edmonds/Kingston local information signs, and 3)
business rules including exceptional circumstances, draft program and business rules
and available reservations.
December 10, 2009 – Final Meeting of Edmonds/Kingston Partnership meeting which
concluded the partnership’s discussions on the potential for vehicle reservations on the
Edmonds/Kingston ferry route.
January 5, 2010 – David Moseley, presented information on the Pre-Design Study to
the Edmonds City Council. This was his second update to the Council on vehicle
reservations as the Edmonds/Kingston route is pivotal to the pre-design study given its
cross section of vehicle users including commuter, commercial and recreational.
January 11, 2010 – Final Vehicle Reservations Pre-design Study Available. The final
Vehicle Reservations Pre-design Study was submitted to the Legislature and
Washington State Ferries anticipates discussions on the study this session; WSF also
looks forward to legislative direction on how to proceed. The study is available at
www.wsdot.wa.gov/ferries/planning/vehiclereservations.htm
VIII. CITY OF EDMONDS / COMCAST FRANCHISE AGREEMENT
6
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Overview
On July 14, 2008, the City of Edmonds received a letter dated October 22, 2008 from Stan
Finley, Comcast Director of Franchising and Government Affairs (Exhibit 2) regarding renewal
of the existing franchise agreement. While Comcast is asking to reach a mutually
satisfactorily agreement through an informal negotiation process pursuant to Section 626 of
the 1984 Cable Act, the second paragraph of the Comcast letter also states “to preserve our
statutory rights to this formal procedure, this letter is our official notice to you invoking that
provision.”
With a record of successfully negotiating Verizon franchise agreements, several members of
the North Puget Sound Consortium wish to form a new Consortium for the purposes of
negotiating franchise agreements with Comcast. Jurisdictions which have been invited to
participate include: Snohomish County, the Cities of Bothell, Carnation, Edmonds, Kenmore,
Lake Forest Park, Mercer Island, Shoreline, Woodinville, and the Town of Woodway.
Benefits of a coordinated effort include: ensuring that the public receives the maximum
rights and benefits from their respective franchise agreements; better coordination of
negotiations with Comcast; sharing the costs of negotiations including hiring a national
consultant and attorneys to assure the citizens of each jurisdiction that their franchise is
competitive, both locally and nationally; and creating a common template and negotiation
strategy through the assistance of a national consultant and attorneys to maximize leverage
during the negotiations.
Significant Activities Since October 22, 2009
October, November and December, 2009, and January, 2010 – The North Puget Sound
Consortium representatives continue to work on a draft franchise agreement template.
IX. FRONTIER COMMUNICATIONS ACQUISITION OF VERIZON
Overview
On May 13, 2009, Verizon announced plans to divest its local wireline communications
system to Frontier Communications. According to a May 19, 2009 letter to the City of
Edmonds from both entities, the transaction includes Verizon’s residential and small business
telephone lines, internet service, long-distance voice accounts, as well as Verizon’s fiber-to-
the-premises (FTTP) assets; Frontier will continue to provide video services after the
completion of the merger.
Similar to the process used to negotiate the Verizon and Comcast Interlocal Agreements,
participating entities (Consortium) to an Interlocal Agreement have jointly contracted with
River Oaks Communications and Ogden Murphy Wallace for common services as well as a
mechanism for each entity to utilize the consultant’s services, as that entity sees fit, and for
additional support in reviewing or negotiating the transfer to meet specific needs of each
participating entity.
Significant Activities Since October 22, 2009
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November 17, 2009 – The Edmonds City Council voted to approve Ordinance No. 3763,
thus approving transfer of control of the franchisee (Verizon Northwest, Inc.) to Frontier
Communications Corporation.
December, 2009 and January, 2010 – The City was notified that Frontier
Communications/Verizon is reimbursing the City for expenses paid related to processing
the Frontier/Verizon Transfer Form 394. These include City of Edmonds payments to
River Oaks Communications and Ogden Murphy Wallace. This essentially concludes the
overall Frontier/Verizon process.
Economic Development
I. PARTNERSHIPS
Goal 1, Policy 1a of the Edmonds Economic Development Plan is to promote a results-
oriented permit and licensing process, which consolidates review timelines, eliminates
unnecessary steps, and maintains a strong customer service approach.
Significant Activities Since January 22, 2009
November 2, 2009 – The Development Services Department began implementation of
online permitting. Owners and contractors can now apply for the following types of
permits on-line:
Single Family Plumbing and Mechanical
Single Family Re-roof
Critical Areas
The Building Division sent flyers out to the plumbing, mechanical and re-roof contractors
that do work in the City, and submitted an article for Edmonds Update.
Goal 1 of the Edmonds Economic Development Plan states: ”foster a healthy business
community that provides employment and other economic opportunities.”
Economic Development Commission Overview
On June 2, 2009 – The City Council approved Ordinance 3735 which creates a new Citizens
Economic Development Commission (EDC) in order to determine new strategies for
economic development within the City and identify new sources of revenues. In conjunction
with the Planning Board, the new commission is to review and consider strategies designed
to improve commercial viability, tourism development, and activity.
The ED Commission consists of 17 members appointed by Mayor Gary Haakenson and the
City Council. The commission is staffed by the City’s Economic Development Director. The
Commission will make recommendations to the Mayor and City Council, as well as to other
City boards or commissions as appropriate, regarding economic development strategies. The
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commission will provide an annual report to the Council in December of every year. The
commission is scheduled to end on December 31, 2010. Minutes from monthly meetings
(once approved by the Edmonds EDC) can be found at
http://www.ci.edmonds.wa.us/EconDevMinutes.stm.
Significant Activities Since October 22, 2009
October 28, 2009 – A joint meeting between the Economic Development Commission and
the Planning Board took place in the Brackett meeting room. Presentations were given
by Deborah Knutson, Snohomish County Economic Development Council Executive
Director, and Bob McChesney, Port of Edmonds Executive Director.
November 18, 2009 – The Commission conducted its sixth public meeting in the City Hall
Brackett Meeting Room. Agenda items included reports from Sub Groups 1, 2 and 3,
and an update on previous studies and reports.
December 9, 2009 – A joint meeting between the Economic Development Commission and
the Planning Board took place in the City Council Chambers. Presentations were given
by Terrie Battuello, Bothell Assistant City Manager/Economic Development Manager,
John Caulfield, Mountlake Terrace City Manager, and David Kleitsch, Lynnwood
Economic Development Director. The meeting was aired on the City Government
Channel twice each day for one month.
December 16, 2009 – The Commission conducted its eighth public meeting in the City Hall
Brackett Meeting Room. Agenda items included discussing presentations by
representatives of Bothell, Mountlake Terrace and Lynnwood, reports from Sub Groups,
and focus group report.
January 6, 2010 – A joint meeting between the Economic Development Commission and
the Planning Board took place in the Brackett meeting room. The main topic discussed
was the Edmonds Economic Development Commission and Planning Board report.
January 19, 2010 – The Combined Economic Development Commission and the Planning
Board 2009 Annual Report was submitted to the City Council, and presentations were
given by the Edmonds Economic Development Commission and Planning Board Chairs
during the City Council meeting.
Goal 1, Policy 1f of the Edmonds Economic Development Plan states: ”Continue to partner
with business and economic development organizations, and address feedback from the
business community.”
Significant Activities Since October 22, 2009
July, August, September and October, 2009 – See Sections II and III.
II. BUSINESS EXPANSION, RETENTION, AND DIVERSIFICATION OF TAX
BASE
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Goal 1, Policy 1c of the Edmonds Economic Development Plan states: “Encourage and
expand business expansion and retention programs. Goal 3 calls for diversifying the tax base
and increasing revenues to support local services.”
Significant Activities Since October 22, 2009
October, November, December, 2009 and January, 2010 – I continued working with
property and business owners in attempts to help find leaseable space and relocate
existing businesses, in addition to discussing potential leasing and redevelopment of
buildings and land.
III. IMPROVING BUSINESS CLIMATE
Goal 2, Policy 2e of the Edmonds Economic Development Plan states: “explore options such
as Business Improvement Districts/Areas (special assessment districts) as a way to help
shopping areas fund marketing and beautification in a sustainable fashion.
Significant Activities Since October 22, 2009
October, November and December, 2009 and January, 2010 – Representatives from the
City of Edmonds and Greater Edmonds Chamber of Commerce continued to meet and
discuss the possibility of establishing a Downtown Edmonds Business Improvement Area.
Goal 2, Policy 2h of the Edmonds Economic Development Plan states: “Work to identify and
“brand” distinct business districts, where there is a natural synergy, such as the Highway 99
International District, the Stevens Hospital Medical Corridor, and the 4th Avenue Arts
Corridor.”
Significant Activities Since October 22, 2009
October, November, and December, 2009 and January, 2010 – Highway 99 Enhancement
Project - includes adding street lighting fixtures and artwork along the portion of
Highway 99 passing through the International District. Light fixtures have been
delivered to the City of Edmonds. City staff received authorization from WSDOT to
utilize grant funding to prepare bid documents. Once these have been prepared,
WSDOT will review for completeness. It’s possible the City will be soliciting for bids in
March of 2010.
October, November and December, 2009 and January, 2010 – Frances Chapin continues
to work on wayfinding signage opportunities including kiosks and locator signs.
Additionally, public parking signs, utilizing the universal parking symbol, have been
installed at various locations within the downtown area to direct visitors to public parking
areas. Small directional signs to the Edmonds Center for Arts and Public Safety Complex
have also been installed.
IV. TECHNOLOGY
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Goal 3, Policy 3b of the Edmonds Economic Development Plan states: “Leverage technology
assets, such as existing fiber connections, to pursue new revenue streams.”
Significant Activities Since October 22, 2009
October, November and December, 2009 and January 2010 – The Economic Development
and Community Services staff continue to meet with the City’s Community Technology
Advisory Committee regarding existing technology assets, e.g., fiber and
communications equipment.
V. TOURISM
Goal 3, Policy 3g of the Edmonds Economic Development Plan states: “Expand tourism efforts to
take advantage of regional trends, such as nature tourism.”
Significant Activities Since October 22, 2009
October, November and December, 2009 and January, 2010 – Cindi Cruz has been
working on updating the City’s “Rack Brochure” for distribution in 2010. The brochure,
which is tourism related, will be distributed throughout Western Washington, e.g.,
hotels, Edmonds Log Cabin, Future of Flight Museum, ferry terminals, etc. Funds to pay
for creation of the brochure come from lodging taxes. The draft brochure will be more
colorful than past brochures and will better highlight many of the activities available to
visitors and residents.
November, 2009 – “Cruising in Puget Sound, Port of Edmonds” article contained within
Northwest Yachting Magazine.
December, 2009 – The City of Edmonds is now a member of Seattle’s Convention and
Visitor's Bureau (CVB). As a member, the City of Edmonds will be included in each CVB
publication and now has an opportunity to distribute brochures at the Convention
Visitors Information Center.
January, 2010 – The Economic Development Department and Information Technology
Division secured a website domain address for the purposes of establishing a tourism
website and/or linking to existing City tourism related web pages, and for use in tourism
related marketing efforts. VisitEdmonds.com is now a functioning web domain address
and connects to a Visitor’s Guide on the City’s website.
NOTE: Obtaining a web domain address is different from actually formatting and
maintaining a website. At a minimum, the VisitEdmonds.com web address can be used
in ads to direct people to the City's existing Visitor's Guide web pages until a tourism
website or new Visitor's Guide/tourism web pages are created. I have met with Carl
Nelson, Lorenzo Hines, Frances Chapin and Cindi Cruz to discuss potential updates to the
Visitor Guide web pages.
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Items of Interest
American Recovery and Reinvestment Act (ARRA)
Significant Activities Since October 22, 2009
City’s capital maintenance overlay program
In March of this year 2009, the City of Edmonds was successful in securing $1M of
federal stimulus money for the City’s capital maintenance overlay program. The overlay
project is anticipated to begin in late summer 2009. A total of $14.9M of federal stimulus
funding for transportation improvements was distributed to Snohomish County agencies
in March. The regional selection criteria were based on project readiness and how
quickly the projects could begin construction. This funding will provide a much-needed
temporary financial resource for the overlay program. It’s important to note that the
stimulus funds will not contribute toward balancing the City’s general fund. Due to lack
of revenue, the City currently has no funds budgeted in 2009 and 2010 for the citywide
overlay program.
October, November and December, 2009 – The City of Edmonds completed
installation of new curb ramps and street overlays along portions of Dayton Street
and 212th Street using federal stimulus funding.
Energy Efficiency and Conservation Block Grant (EECBG)
In March of this year, Energy Secretary Steven Chu announced plans to invest $3.2
billion in energy efficiency and conservation projects in U.S. cities, counties, states,
territories, and Native American tribes. The Energy Efficiency and Conservation Block
Grant (EECBG) program, funded by President Obama’s American Recovery and
Reinvestment Act, will provide formula grants for projects that reduce total energy use
and fossil fuel emissions, and improve energy efficiency nationwide. The City of
Edmonds received notification that it is eligible for a $160,200 block grant under the
EECBG program. The City has until June 25, 2009 to submit an application, i.e., "claim"
the grant amount, and 18 months to obligate and three years to expend the funds. This
is an entitlement grant for cities over 35,000 in population, rather than a competitive
grant.
City staff conducted several meetings to discuss possible projects or programs that
might be eligible for this type of funding and have developed a preliminary list; these
projects are considered short term. City staff also participated in a DOE webcast to
learn about application submittal procedures and how the funds can be used.
In addition to the above, I contacted other entities such as the Port of Edmonds, Puget
Sound Energy, Snohomish County PUD, Edmonds School District and Stevens Hospital,
to find out whether they might have projects which are small in scale but could be
included in our grant application under a partnership proposal. We are not looking to
expend the grant money on a single project, and we have already identified more than
enough City of Edmonds projects to expend all of the grant money (several times over).
I requested representatives from these entities to share whether they have a project
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that (1) would have benefits for the entire community, (2) could be small enough in
terms of cost to fit within an overall multi-project application, and (3) would have
measurable, identifiable results. Examples of projects we are considering include energy-
efficient equipment retrofits, vehicle replacement, traffic signal timing, energy code
training and information programs, and software that can turn off electronic equipment
during late night non-working hours. The second reason I contact these entities is to
explore opportunities for partnering on projects that may go beyond the funding
available in this first round of block grants. US-DOE has indicated that there will be a
"competitive round" of grants available, although details have not been established. We
believe that grant applications emphasizing partnering on a community or regional level
will be what DOE is looking for, especially those that have long-term effects and can
serve as "demonstration projects" for others to access. Announcement of the EECBG
opportunity was shared with, and a proposed project list was also reviewed by, the
Mayor’s Climate Protection Committee.
On September 22, 2009, the City was notified that the Department of Energy has awarded an
Energy Efficiency Conservation Block Grant to the City of Edmonds. The award is the full
amount referenced in the March 2009 eligibility announcement ($160,200). The funds
will be used for the following six different projects. Announcement of the EECBG
opportunity was shared with, and the attached proposed project list was also reviewed
by, the Mayor’s Climate Protection Committee.
Project 1 - PC Energy Management (federal funds)
Purchase and install energy management software for City computers (PC's).
Enables automatic shut-down and management of upgrades. The cost covered
under the grant is for the purchase of the software and licenses to cover
computer workstations throughout City government, linked by network at several
building sites.
Project 2 - Network Server Energy Upgrades – (federal funds)
Purchase and install energy-efficient PC network servers, replacing old servers
still in use. Estimated project cost should enable four (4) servers to be replaced.
Existing servers will be taken out of service, thereby reducing overall energy
usage.
Project 3 - Residential & Commercial Energy Meters (federal and local non-federal
funds)
Purchase energy meters to support residential and commercial energy
monitoring, partnering with ongoing programs operated by local utilities.
Establish public information plan, coordinated with the utilities, which provides
educational resources and web-based support. The meters would be available for
loan to private citizens or businesses to help monitor and assess energy needs,
encouraging conservation and energy reduction.
This program will consist of two components: (1) the purchase of home energy
meters for loan to residential households and businesses within the city, and (2)
website development to promote the meter program and enable homeowners to
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Two types of meters will be purchased, which can be loaned out as a “set.” One
meter will be similar to a simple plug-in meter (e.g. the P3 International Kill A
Watt EZ Electricity Usage Monitor) which allows monitoring of appliance energy
consumption. The second type of meter (e.g. PowerCost Home Electricity
Monitor) is a unit that will interface with the home electric utility meter, allowing
monitoring of overall electrical energy used in the home. In tandem, these will
allow homeowners to monitor and potentially reduce overall energy usage. The
meters will be loaned out free of charge, for a defined time period, with
information on usage and savings to be reported as feedback to help assess the
benefits of the program.
The second part of the program is an enhancement to the City’s website to
promote and provide for online reporting and feedback on the effectiveness of
the program. Privacy will be afforded users, but reporting will be required of
residents choosing to participate in the program so as to provide some
measurement of effectiveness.
Project 4 - Heating System Design and Feasibility Study (federal funds)
A consultant will be hired to perform an analysis and feasibility study to replace
the Frances Anderson Cultural Center (a heavily used community center) steam
boiler heating system with ground source heat pumps or an alternative energy-
efficient heating source. The existing system is old and highly inefficient.
However, because of the size and complexity of the building and its systems, the
City needs to conduct an assessment and feasibility study to evaluate different
energy-efficient alternatives before considering replacement of the existing
system.
Project 5 - Purchase Hybrid Vehicles – (federal and local non-federal funds)
The City would purchase up to seven (7) hybrid vehicles to replace existing low-
efficiency City vehicles. EECBG funds can only be used to fund the delta between
the cost of a hybrid vehicle (or Alternative Fuel Vehicle – AFV) and the cost of a
non-hybrid vehicle (or non-AFV). Existing mid-size cars and trucks/pickups would
be replaced with small hybrid cars and hybrid utility vehicles (SUV’s). The
average fuel efficiency of the existing vehicles ranges from 8 to 22 MPG while the
new hybrid replacements provide between 32 and 50 MPG.
When purchasing vehicles, the City uses Washington State contracting
procedures and contract listing prices. According to the State of Washington
Current Contract Information, there are two types of small sedan AFV vehicles
available and one small SUV AFV vehicle available for purchase using this
process.
Note: It is possible that the City may consider the purchase of an electric police
scooter and/or other electric sedan(s) in lieu of one or more of the hybrid
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Project 6 - Low-Energy Lighting Retrofit – (federal funds)
Existing exterior lighting of the outdoor work yard at the Public Works facility is
provided by traditional, inefficient 150-watt high pressure sodium fixtures. Based
on discussions with the electrical utility provider (Snohomish PUD), the City has
determined that energy and cost savings are possible if the existing lights are
replaced with low-energy lumen-equivalent lights, such as LED fixtures. This
project would complement ongoing City efforts to replace existing lighting
fixtures with more energy efficient lights.
Significant Activities Since October 22, 2009
December 21, 2009 – Project 1 Software was purchased by the City. Request for
payment in the amount of $4,522.38 was submitted to the Department of Energy
on January 11, 2010; full reimbursement was received by the City on January 12,
2010.
December 29, 2009 – One Project 5 Hybrid Toyota Prius was delivered to the City of
Edmonds. Request for payment in the amount of $9,591.88 was submitted to the
Department of Energy on January 11, 2010; full reimbursement was received by
the City on January 12, 2010. As mentioned above, reimbursement is for the delta
between the cost of a hybrid vehicle (or Alternative Fuel Vehicle – AFV) and the
cost of a non-hybrid vehicle (or non-AFV). Using this formula, a $24,616.53
vehicle, only cost the City of Edmonds $15,024.65 ($24,616.53 - $9,591.88).
NOTE: The Prius replaces an older City vehicle which will be surplused and sold
helping further offset the cost of the new hybrid vehicle.
Burlington Northern Santa Fe – Installation of Second Rail Line
As a part of the Sound Transit’s Sound Move, Burlington Northern Santa Fe (BNSF) will
be installing a second rail line alongside the existing rail line between the areas north of
Downtown Edmonds and south of Marina Beach Park. During a meeting with Sound
Transit earlier this year, BNSF presented a plan depicting what BNSF believes to be the
final alignment and realignment of the second and existing rail lines respectively. The
plan depicts Port of Edmonds and City of Edmonds leased areas in addition to what
portions of the leased areas BNSF intends to take back from both entities as a result of
the above mentioned activities. Upon reviewing the plan, City staff requested that BNSF
survey and stake/mark in the field where the fencing (west side of tracks) is to be
located. The City and Port of Edmonds submitted this request in order to begin assessing
future impacts, and planning for post installation/realignment of the rail lines.
As expressed on a number of occasions to BNSF, the City and Port are concerned about
potential impacts related to realignment and installation of BNSF rail lines. We are
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16
equally concerned about the amount of time the City and Port may have to react to any
decision(s) made by BNSF and the potential financial impacts to our budgets. Depending
on the magnitude of BNSF construction related impacts, the City and Port of Edmonds
may not have the staffing and financial resources to mitigate the impacts. The City has
asked BNSF if they have a mitigation fund set aside to mitigate adverse impacts, if any?
To date, we have not heard back from BNSF.
Based on BNSF engineering plans and field stakes, there could be negative impacts to
Admiral Way and Marina Beach Park. As mentioned in the October, 2009 Community
Services and Economic Development Quarterly Report, the City was in the process of
securing an engineering firm in order to fully determine the impact and possibly design a
new Admiral Way alignment that will maintain access to Marina Beach Park, Port of
Edmonds and existing parking areas (see Significant Activities below).
Regarding a timeline related to the installation of a BNSF second rail line, BNSF has
indicated it intends to begin grading south of Dayton sometime during the 1st quarter of
2010 with the installation and relocation of the existing and second rail lines
respectively, sometime in 2011 and 2012.
Significant Activities Since October 22, 2009
October, November and December, 2009 and January 2010 – The City of Edmonds hired
a consultant, i.e., Ried Middleton, to help the City and Port of Edmonds fully identify
impacts likely to result by BNSF installing and relocating the second and existing rail
lines, respectively. Reid Middleton conducted a field visit to view stakes installed by
BNSF surveyors and prepared engineering drawings depicting the relationship of
proposed new and relocated rail lines, and BNSF fencing, to existing roadways and park
improvements. The drawings also include preliminary potential modifications needed to
mitigate the impacts caused by future BNSF improvements. Specific modifications
include the realignment of Admiral Way, sidewalk(s) and landscaping, reconfiguration of
parking area to minimize loss of parking, in addition to improvements necessary to
maintain access to Marina Beach Park, off-leash area, and access to Port of Edmonds.
Preliminary plans would preserve most of the parking along Admiral Way (west edge of
Port Dry Stack Storage Area) in addition to maintaining two way access along Admiral
Way, to the Port of Edmonds work yard, and Marina Beach Park and off-leash area. City
Administration formally requested, in writing, BNSF fund improvements necessary to
mitigate impacts. BNSF's initial response is to not fund the mitigation improvements. As
a result City administration schedule a meeting with a BNSF representative (see below).
January 12, 2010 – Mayor Haakenson, Port of Edmonds Executive Director McChesney
and Commissioner Block, and I met with a BNSF representative to stress the importance
and need of BNSF funding the above mentioned improvements. We are waiting to hear
back from BNSF.
Community Transit SWIFT Project
Significant Activities Since October 22, 2009
o November, 2009 – Community Transit SWIFT began operating.
Packet Page 74 of 132
AM-2739 2.F.
Recycling Grant Agreement with the Department of Ecology for 2010-2011
Edmonds City Council Meeting
Date:01/26/2010
Submitted By:Kim Karas
Submitted For:Noel Miller Time:Consent
Department:Public Works Type:Action
Review Committee:
Committee Action:Approved for Consent Agenda
Information
Subject Title
Authorization for the Mayor to sign the Recycling Grant Agreement between the City of Edmonds
and the Washington State Department of Ecology for 2010-2011.
Recommendation from Mayor and Staff
It is recommended that City Council authorize the Mayor to sign the recycling grant agreement
between Edmonds and the Washington State Department of Ecology in order to continue to fund
the City's waste prevention and recycling program for 2010-2011.
Previous Council Action
The City of Edmonds Recycling Coordinator has sought and secured funds directly from the
Washington State Department of Ecology since 1996, by means of an allocation received through
the Snohomish County Solid Waste Management Division.
Narrative
The next biennial cycle of state funding, which supports the recycling coordinator and the City's
on-going waste prevention and recycling program is written as a multi-phase agreement and
provides $21,162 for the first year of work in 2010, as outlined in the Agreement under Phase I.
Work performed under Phase II is eligible for reimbursement and is contingent upon the budget
appropriation by the State Legislature for the 2011-2013 biennium.
The grant offer represents a 75/25 match. The City's 25% match, which is budgeted under the
Combined Utility Fund 411, is $7,054, for an available program funding amount of $28,216.
Fiscal Impact
Fiscal Year:2010
Revenue:$28,216
Expenditure:
Fiscal Impact:
Department of Ecology Grant $21,162.
Combined Utility Fund 411: $7,054.
Attachments
Packet Page 75 of 132
Link: DOE Recycling Grant Agreement
Form Routing/Status
Route Seq Inbox Approved By Date Status
1 City Clerk Sandy Chase 01/21/2010 09:21 AM APRV
2 Mayor Gary Haakenson 01/21/2010 10:04 AM APRV
3 Final Approval Sandy Chase 01/21/2010 10:21 AM APRV
Form Started By: Kim
Karas
Started On: 01/20/2010 02:55
PM
Final Approval Date: 01/21/2010
Packet Page 76 of 132
Grant No. G1000397
City of Edmonds
1
COORDINATED PREVENTION GRANT AGREEMENT
BETWEEN THE
STATE OF WASHINGTON DEPARTMENT OF ECOLOGY
AND
CITY OF EDMONDS
Coordinated Prevention Grant Agreement – Grant No.: G1000397.
This is a binding agreement entered into by and between the state of Washington Department of
Ecology, hereinafter referred to as ECOLOGY or DEPARTMENT, and the City of Edmonds,
hereinafter referred to as the RECIPIENT, to carry out the activities described herein.
JURISDICTION:
MAILING ADDRESS:
CITY, STATE, ZIP:
City of Edmonds
121 Fifth Avenue N
Edmonds, WA 98020
RECIPIENT GRANT COORDINATOR:
TELEPHONE:
FAX:
E-MAIL:
Steve Fisher
425-771-0235
425-744-6057
recycleguy@ci.edmonds.wa.us
RECIPIENT BILLING/INVOICE COORDINATOR:
TELEPHONE:
FAX:
E-MAIL:
Lori Cress
425-771-0240
425-771-0265
cress@ci.edmonds.wa.us
ECOLOGY GRANT OFFICER:
TELEPHONE:
FAX:
E-MAIL:
Taisa Welhasch
425-649-7266
425-649-7259
taisa.welhasch@ecy.wa.gov
FUNDING SOURCE
MAXIMUM ELIGIBLE COST
STATE GRANT SHARE
LOCAL SHARE
STATE MAXIMUM GRANT PERCENT
FEDERAL TAX IDENTIFICATION NO.
State Building Construction Account
$28,216
$21,162
$7,054
75 %
91-6001244
EFFECTIVE DATE OF THE AGREEMENT January 1, 2010
EXPIRATION DATE OF THE AGREEMENT December 31, 2011
Packet Page 77 of 132
Grant No. G1000397
City of Edmonds
2
PART 1: SCOPE OF WORK
The task(s) set forth below summarize the RECIPIENT’S activities to be performed under this
agreement. Costs are limited to those approved by ECOLOGY as outlined in the current scope of
work and budget. Deliverables must be completed by the expiration date of this agreement, including
delivery of purchases, unless otherwise stated in this agreement or approved by ECOLOGY in
writing.
Note: The term “task” as used in this agreement is interchangeable with the term “project” as used
on the online Solid Waste Information Clearinghouse.
This agreement is a “Multi-Phased” agreement. Multi-phased means it will be written with a task’s
full scope of work and a partial budget. Phase One of this agreement includes work performed with
the budget as outlined in Phase One of section Part 2: Fund Source and Budget. Phase Two includes
the remainder of work to be performed and funds are contingent upon the budget appropriation by
the State Legislature for the 2011-2013 biennium.
After the 2011-2013 biennial allocation is secured, ECOLOGY will initiate a formal amendment to
increase funding to support Phase Two. Phase Two work is not authorized for reimbursement until a
formal amendment to increase the budget is executed. RECIPIENTS are not obligated to complete
Phase Two work until a formal amendment to increase the budget is approved.
Any work performed or costs incurred prior to the effective date of this agreement will be at
the sole expense of the RECIPIENT.
The “Maximum Eligible Cost” is the maximum amount of eligible costs incurred by a RECIPIENT
that can be reimbursed at a rate of 75% under this grant. *The “Estimated (total) Task Cost” is for
Ecology information only. It reflects the true cost of completing the full task, including expenses
beyond the Maximum Eligible Cost.
CATEGORY: Waste Reduction and Recycling
MAXIMUM ELIGIBLE CATEGORY COST: $ 22,572
1. TASK TITLE: Waste Reduction and Recycling Education and Outreach
Maximum Eligible Task Cost: $ 22,572
Summary Description: The RECIPIENT will provide recycling outreach and technical assistance
to multi-family properties, businesses and citizens within the city to increase recycling
participation. The RECIPIENT will coordinate with residents, businesses, the county and certified
waste haulers to continue to increase awareness and use of all recycle and reuse services, options
and opportunities throughout the community. The RECIPIENT will conduct a Christmas tree-
cycling activity with the Boy Scouts and a Green Business recognition activity with the local
Chamber of Commerce.
Packet Page 78 of 132
Grant No. G1000397
City of Edmonds
3
Goal Statement: The goal of this task is to reduce waste while increasing diversion and recycling
at multi-family properties and businesses within the city of Edmonds.
Outcome Statement: Over the two-year grant period, the RECIPIENT expects to respond to
approximately 50 businesses and 150 citizens about reuse and recycling options. The RECIPIENT
also expects that approximately 10 multi-family properties will start new recycling programs,
diverting 35 tons of recyclable material from the waste stream. From Christmas tree-cycling,
approximately 53 tons of organic material will be diverted.
Work Plan and Activities Timeline: A quarter is defined by calendar year and begins with the
first three months of the grant period.
Quarter Activity
Phase One
Q1 Identify multi-family properties, develop outreach materials and
coordinate with hauler. Coordinate and assist (with publicity) local
scout troops with their Christmas tree-cycle activity.
Q2 Continue providing printed public information while updating the
same on the city web site. Continue to provide outreach and
assistance to commercial business recycling efforts. Review
proposed recycling collection areas for new and remodeled multi-
family and commercial properties. Support the Chamber of
Commerce Green Business recognition program.
Q3 Ongoing
Q4 Ongoing
Phase Two
Q5 Ongoing
Q6 Ongoing
Q7 Ongoing
Q8 Ongoing. Evaluate and write final report.
Method of Evaluation: The RECIPIENT will track and report quarterly, the number of responses
to businesses and residents and the number of new multi-family properties (and individual units)
that started using the recycle collection service. Collection data from the hauler would be used for
determining total volume and/or weight of recyclables diverted and calculating any percentage of
resulting increase.
* Estimated (total) Task Cost: $ 45,134
Packet Page 79 of 132
Grant No. G1000397
City of Edmonds
4
CATEGORY: Organics
MAXIMUM ELIGIBLE CATEGORY COST: $ 5,644
2. TASK TITLE: Commercial Food Waste Composting
Maximum Eligible Task Cost: $5,644
Summary Description: The RECIPIENT will continue to provide outreach and technical
assistance to restaurants and other food service businesses on food waste composting options. It is
anticipated that this service will become a standard waste management option.
Goal Statement: The goal of this task to increase the opportunity for food service businesses to
divert the large portion of food scraps typically generated in their solid waste stream. Awareness
and education of the opportunity, and coordination with the collection service will lead to an
increase in participation.
Outcome Statement: Over the two year grant period, the RECIPIENT expects 25 businesses to
sign up for organics collection, diverting 100 tons of organics from the waste stream.
Work Plan and Activities with Quarterly Timeline:
Quarter Activity
Phase One
Q1 Promote commercial food waste composting through distribution of
outreach material and site visits. Establish regular visits with
participants for program monitoring and evaluation.
Q2 Ongoing
Q3 Ongoing
Q4 Ongoing
Phase Two
Q5 Ongoing
Q6 Ongoing
Q7 Ongoing
Q8 Ongoing. Evaluate and write final report.
Method of Evaluation: The RECIPIENT will track and report quarterly participation, collect solid
waste generation information (tons diverted), and identify barriers and particular behavioral
changes needed for success.
Packet Page 80 of 132
Grant No. G1000397
City of Edmonds
5
* Estimated (total) Task Cost: $ 11,284
PART 2: FUND SOURCE AND BUDGET
Approved costs must be consistent with the most recently approved Spending Plan. Costs cannot
exceed the agreement Budget (Part 2: Section B) without a formal amendment. To change how
funds are allocated between the grant tasks, the RECIPIENT must submit a written request to
ECOLOGY for a Letter Amendment. To change a scope of work or to increase/decrease a grant
amount, the RECIPIENT must complete and submit a Formal Amendment Request form (ECY 070-
113).
A. FUND SOURCE
PHASE ONE (057/J07 9N10C)
Maximum Eligible Cost: $22,572
Fund Fund Share (75%) State Share
State Building Construction
Account (SBCA)
$16,929
Match Requirement Match Share (25%) Match Amount
Cash Match 25% $5,643
Interlocal Costs 0% $0
PHASE ONE (057/J07 9N1BW)
Maximum Eligible Cost: $5,644
Fund Fund Share (75%) State Share
State Building Construction
Account (SBCA)
$4,233
Match Requirement Match Share (25%) Match Amount
Cash Match 25% $1,411
Interlocal Costs 0% $0
PHASE TWO
Packet Page 81 of 132
Grant No. G1000397
City of Edmonds
6
Maximum Eligible Cost: $28,202
Fund Fund Share (75%) State Share
State Building Construction
Account (SBCA)
$21,151
Match Requirement Match Share (25%) Match Amount
Cash Match 25% $7,051
Interlocal Costs 0% $0
B. BUDGET
TASK Maximum Eligible Cost
Phase 1 (Quarters 1-4 of
the Spending Plan)
Maximum Eligible Cost
Phase 2 (Quarters 5-8 of
the Spending Plan)
Category: Waste Reduction and
Recycling
$ 22,572 $ 22,562
1. Task Title: Waste Reduction and
Recycling Education & Outreach
$ 22,572 $ 22,562
Category: Organics $ 5,644 $ 5,640
2. Task Title: Commercial Food
Waste Composting
$ 5,644 $ 5,640
TOTAL MAXIMUM ELIGIBLE
COST
$ 28,216 $ 28,202
PART 3: BUDGET CONDITIONS
A. The RECIPIENT is required to provide a match of 25% of the maximum eligible cost with cash
or interlocal costs. Interlocal costs are the only type of in-kind contributions that may be used as
match.
B. Any work performed or costs incurred prior to the effective date or after the expiration
date of this agreement will be at the sole expense of the RECIPIENT.
Packet Page 82 of 132
Grant No. G1000397
City of Edmonds
7
C. Overhead is eligible at a rate up to 25 percent of staff salaries and benefits for actual time spent
on tasks outlined in this agreement. Salaries and benefits to administer the grant agreement are
eligible (excluding time spent to write a grant application).
D. To increase or decrease the budget as outlined in this grant agreement, or change the scope of
work for any project outlined in this grant agreement, ECOLOGY requires a formal amendment.
The RECIPIENT must complete and submit a formal amendment using the Formal Amendment
Request form (ECY 070-113).
E. Payments to the RECIPIENT from ECOLOGY shall be made payable to:
City of Edmonds
Attn: Lori Cress
121 Fifth Ave. N
Edmonds, WA 98020
F. If parties other than the RECIPIENT are contributing to the local share of task costs, memoranda
of understanding or other written agreements confirming the contribution shall be negotiated.
These agreements shall specify the exact work to be accomplished and be signed by all parties
contributing to the local match of this task. Copies of these agreements shall be made part of the
RECIPIENT’S grant file and submitted to ECOLOGY.
G. Spending Plans: Approved costs must be consistent with the most recently approved Spending
Plan. The RECIPIENT must submit a revised Spending Plan to ECOLOGY in order to change
the amount of funds spent by quarter. ECOLOGY’S grant officer will approve, by date stamp
and signature, the revised Spending Plan. If quarterly spending exceeds the amount outlined on
the approved spending plan, ECOLOGY reserves the right to hold payment of the overage
depending on the availability of funds. Revised and approved Spending Plans are incorporated
into this agreement by reference.
PART 4: SPECIAL TERMS AND CONDITIONS
A. BILLING AND REPORTING
1. Unless otherwise approved in writing by ECOLOGY, the RECIPIENT shall submit a
payment request to ECOLOGY at least quarterly (by calendar year), but no more often than
once per month.
2. The RECIPIENT shall submit a progress report with each payment request but no less often
than quarterly. These reports shall include activities that support incurred costs shown on the
C1 or C2 of the payment request, and must be submitted on-line through the Solid Waste
Information Clearinghouse.
3. The RECIPIENT must provide to ECOLOGY an up-to-date Spending Plan throughout the
grant period. An updated Spending Plan must be submitted when changes occur that impact
quarterly spending and / or quarterly reimbursement amounts.
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4. The RECIPIENT must submit payment requests on approved State Invoice Voucher forms:
A19-1A (ECY 060-02), Form B1 (ECY 060-3) or Form B2 (ECY 060-7), Form C1 (ECY
060-8) or Form C2 (ECY 060-9). These forms are acceptable in electronic format. The
RECIPIENT must also include all backup documentation to support items listed on Form
C1/C2. The budget is organized by task and therefore, the RECIPIENT shall itemize costs by
task on Form C1/C2 and summarize costs by task on Form B1/B2. Forms B1 and C1 are
used only when interlocal costs are used towards the 25% match.
5. For all Planning and Implementation tasks and special tasks in a solid waste enforcement
grant (special tasks do not include regular solid waste enforcement work such as enforcing
solid waste codes) the RECIPIENT must submit a Final Performance Analysis (FPA) report
on-line through the Solid Waste Information Clearinghouse. The final report must be
submitted before ECOLOGY can process a final payment request. The final payment request
and the FPA are due no later than February 14, 2012 for this grant or 45 days after the grant
budget is spent, whichever comes first.
6. For Solid Waste Enforcement tasks, recipients must submit their final quarterly solid waste
enforcement progress report on-line through the Solid Waste Information Clearinghouse no
later than February 14, 2012. Ecology will generate a summary Final Solid Waste
Enforcement report from all the quarterly reports that will serve as the final report needed to
close out the agreement.
7. Progress Report (for both planning and implementation and solid waste enforcement tasks)
and Final Performance Analysis (FPA) can be found on the Grant Details page of the Solid
Waste Information Clearinghouse once the RECIPIENT has logged on as a Registered User.
For instructions on how to become a Registered User, please visit the Coordinated Prevention
Grant website at http://www.ecy.wa.gov/programs/swfa/grants/cpg.html.
B. DOCUMENTATION
1. The RECIPIENT shall submit supporting documents for all costs incurred. Documentation
shall be provided in the order in which it is itemized on Form C1/C2. Supporting
documentation is any document deemed relevant by ECOLOGY to establish the
appropriateness of an expense listed on Form C1/C2. Please see Chapter 6 of the Program
Guidelines for Coordinated Prevention Grants 2010-2011 Grant Cycle, and the
Administrative Requirements for Recipients of Ecology Grants and Loans – Yellow Book,
Ecology Publication #91-18 (Revised September 2005) for guidance.
2. The RECIPIENT shall maintain grant related material and supporting documents in a
common file. This includes cancelled checks, invoices, purchase receipts, payroll records,
time and attendance records, contract award documents, and invoice vouchers sent to
ECOLOGY. The Recipient shall keep all supporting documents for audit purposes for at
least three years after agreement expiration.
3. The RECIPIENT shall use the ECOLOGY provided Form E, or an equivalent time
accounting document approved by ECOLOGY, to record staff hours being charged to the
grant.
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4. ECOLOGY may request additional documentation if needed to determine if a cost will be
allowed.
5. Supporting documents shall be clear and legible, and organized by task in the order it was
itemized on Form C1/C2 by the RECIPIENT.
C. OTHER SPECIAL TERMS
1. SOLID AND HAZARDOUS WASTE MANAGEMENT PLANS
Tasks must support implementation of the RECIPIENT’s local solid and hazardous waste
management plans.
For tasks related to updating a local solid and hazardous waste management plan, the
RECIPIENT agrees to incorporate the intent of the Washington State Hazardous Waste
Management Plan and Solid Waste Management Plan (Beyond Waste Plan) into the local
preliminary draft plan prior to submittal to Ecology for review. The Beyond Waste plan is a 30-
year plan with a clear vision to eliminate wastes and toxics whenever we can and use the
remaining wastes as resources. The recipient agrees to include in their plan update,
recommendations that address at least one of the following elements from the Beyond Waste
Plan: moderate risk waste, organics management or green building.
2. SOLID WASTE ENFORCEMENT
Solid Waste Enforcement money can only be spent on tasks that focus on enforcement of rules
and regulations, and shall be used exclusively for expenses necessary to enforce applicable
regulations pursuant to Chapters 70.95.220 RCW, WAC 173-350, 351 and 304.
For tasks related to inspection and permitting of solid waste facilities, those facilities must be in
compliance) at the time a payment request is submitted. Compliance is defined at a minimum as
the RECIPIENT shall have issued a compliance schedule or have taken enforcement action to
obtain compliance.
The RECIPIENT must also submit copies of permits to Ecology within seven days of their
issuance. Once a permit is issued, Ecology has 30 days to review each permit. Complete permit
applications must be submitted to Ecology, allowing 45 days for Ecology to review and
recommend for or against the issuance of a permit. The RECIPIENT must submit copies of
reports for inspections conducted in the billing period with each payment request.
3. ON-LINE CONTRACTS AND GRANTS MANAGEMENT
Washington State’s Office of Financial Management is developing an on-line contracts and
grants management system. When the system becomes available, all new or active contracts and
grant agreements must be managed in this system. The RECIPIENT agrees to register in the
state vendor registration program and to use the on-line system.
4. TRAINING
The RECIPIENT agrees to participate in any ECOLOGY recommended trainings related to
managing agreements and preparing, processing, and receiving payments.
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5. MINORITY AND WOMEN’S BUSINESS PARTICIPATION
The RECIPIENT is encouraged to solicit and recruit, to the extent possible, certified minority-
owned (MBE) and women-owned (WBE) businesses in purchases and contracts initiated after
the effective date of this agreement.
Contract awards or rejections cannot be made based on MBE or WBE participation. M/WBE
participation is encouraged, however, and the RECIPIENT and all prospective bidders or persons
submitting qualifications should take the following steps, when possible, in any procurement
initiated after the effective date of this agreement:
a) Include qualified minority and women's businesses on solicitation lists.
b) Assure that qualified minority and women's businesses are solicited whenever they are
potential sources of services or supplies.
c) Divide the total requirements, when economically feasible, into smaller tasks or
quantities, to permit maximum participation by qualified minority and women's
businesses.
d) Establish delivery schedules, where work requirements permit, which will encourage
participation of qualified minority and women's businesses.
e) Use the services and assistance of the State Office of Minority and Women's Business
Enterprises (OMWBE) and the Office of Minority Business Enterprises of the U.S.
Department of Commerce, as appropriate.
f) The RECIPIENT should report payments made to qualified firms to ECOLOGY at the
time of submitting each invoice. Please include the following information on ECOLOGY
provided form (Form D).
g) Name and state OMWBE certification number (if available) of any qualified firm
receiving funds under the invoice, including any sub-and/or sub-subcontractors.
h) The total dollar amount paid to qualified firms under this invoice.
6. PROCUREMENT AND CONTRACTS
a) The RECIPIENT shall provide written certification that it will follow its standard
procurement procedures and/or applicable state law in awarding contracts; RECIPIENTS
with no formal procurement procedures must certify that they have complied with the
"Standards for Competitive Solicitation," found in Part V of the Administrative
Requirements for Recipients of Ecology Grants and Loans – Yellow Book, Ecology
Publication #91-18 (Revised September 2005).
b) Upon issuance, the RECIPIENT shall submit a copy of all requests for qualifications
(RFQs), requests for proposals (RFPs), and bid documents relating to this grant
agreement to ECOLOGY’S grant officer.
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c) Prior to contract execution, the RECIPIENT shall submit all draft documents and a copy
of the draft proposed contract to the ECOLOGY’S grant officer for review and approval.
Following the contract execution, the RECIPIENT shall submit a copy of the final
contract to your ECOLOGY assigned grant officer.
d) Unless a specific purchase of equipment or real property is already written into the grant
agreement, the RECIPIENT must submit a written request to the DEPARTMENT to
purchase any equipment or real property (Property) with a single unit purchase price of
$5,000 or more. The request shall include the justification for the purchase of the
property, the total cost, the intended use, and the anticipated useful life of the property.
The request must be approved in writing by the DEPARTMENT prior to the purchase.
7. USE OF EXISTING CONTRACTS
The RECIPIENT may use existing contracts that conform to adopted procurement
procedures and applicable state laws. The RECIPIENT shall notify ECOLOGY if it used
contracts entered into prior to the execution of the grant agreement for performance of grant-
funded activities. The RECIPIENT shall submit a copy of the contract to its assigned
ECOLOGY grant officer. The grant eligibility of products or services secured by the
RECIPIENT under existing contracts used to perform the scope of work in this agreement
must be deemed allowable and reasonable by ECOLOGY prior to cost reimbursement.
8. PROPERTY AND EQUIPMENT MANAGEMENT AND DISPOSITION
The RECIPIENT must develop an inventory control system, including physical inventory to
document the ongoing use, a serial or vehicle identification number (VIN) and location of the
equipment. The inventory shall be submitted to the DEPARTMENT annually while the
equipment is in use. The RECIPIENT shall investigate, document, and report to the
ECOLOGY any loss, theft or damage upon discovery of such conditions. The RECIPIENT
will follow manufacturer recommended maintenance procedures to keep the property in good
operating condition.
The RECIPIENT shall submit a written request to the ECOLOGY for any intent to change
the use of the equipment as outlined in this grant agreement, including uses past the
expiration date of this agreement. Disposition of the equipment shall be determined by the
ECOLOGY and documented in writing. A copy of the determination will be provided to the
RECIPIENT upon expiration of the grant agreement.
The ECOLOGY may authorize the RECIPIENT to:
o If the equipment is necessary for the continued operation of the project or
other projects administered through ECOLOGY, the grant officer may instruct
the recipient to retain the equipment with no further compensation to Ecology.
o If the project has no further significant use for the equipment, the grant officer
may instruct the recipient to retain or sell the equipment and pay Ecology an
amount equal to ECOLOGY’s share of the current fair market value, sale
proceeds or other price agreed upon by the grant officer.
o The grant officer may instruct the recipient to transfer title to Ecology or to a
third party named by Ecology who is eligible under existing statutes.
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9. TASK INCOME
Any income directly generated as a result of the activities funded by this grant shall be
reported as a credit against the expenses of that activity, as required by ECOLOGY’S
Administrative Requirements for Ecology Grants and Loans, Ecology Publication #91-18
(Revised September 2005).
10. ALL WRITINGS CONTAINED HEREIN
This agreement, including the “General Terms and Conditions,” the latest approved Spending
Plan, Program Guidelines – Coordinated Prevention Grants 2010-2011, and ECOLOGY’S
Administrative Requirements for Ecology Grants and Loans, Ecology Publication #91-18
(Revised September 2005), contain the entire understanding between the parties, and there
are no other understandings or representations except as those set forth or incorporated by
reference herein. No subsequent modification(s) or amendment(s) of this grant agreement
shall be of any force or effect unless in writing, signed by authorized representatives of the
RECIPIENT and ECOLOGY and made part of this agreement.
11. ARCHEOLOGICAL AND CULTURAL RESOURCES
The RECIPIENT shall take reasonable action to avoid, minimize, or mitigate adverse effects
to the archeological or cultural resources. RECIPIENT shall immediately cease work and
notify ECOLOGY if any archeological or cultural resources are found while conducting
work under this agreement. In the event that historical or cultural artifacts are discovered at
the project site, the RECIPIENT shall also notify the state historic preservation officer at the
Department of Archaeology and Historic Preservation at (360) 586-3065. Applicability of the
National Historic Preservation Act (NHPA) may require the RECIPIENT to obtain a permit
pursuant to Chapter 27.53 RCW prior to conducting on-site activity with the potential to
impact historic properties (such as invasive sampling, dredging, or cleanup actions).
12. PRECEDENCE
In the event of inconsistency in this agreement, the inconsistency shall be resolved by giving
precedence in the following order: (a) applicable federal and state statutes and regulations;
(b) Scope of Work and most current approved Spending Plan; (c) Special Terms and
Conditions; (d) Coordinated Prevention Grant Program Guidelines (e) any terms incorporated
herein by reference including the Administrative Requirements for Ecology Grants and
Loans, Ecology Publication #91-18 (Revised September 2005); and (f) the General Terms
and Conditions (SS-010 Rev. 04/04).
Part 5: GENERAL TERMS AND CONDITIONS:
Pertaining to Grant and Loan Agreements of the Department of Ecology, SS-010 Rev. 04/04
A. RECIPIENT PERFORMANCE
All activities for which grant/loan funds are to be used shall be accomplished by the
RECIPIENT and RECIPIENT's employees. The RECIPIENT shall only use contractor/consultant
assistance if that has been included in the agreement’s final scope of work and budget.
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B. SUBGRANTEE/CONTRACTOR COMPLIANCE
The RECIPIENT must ensure that all subgrantees and contractors comply with the terms and
conditions of this agreement.
C. THIRD PARTY BENEFICIARY
The RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT
pursuant to this agreement, the state of Washington is named as an express third-party beneficiary of
such subcontracts with full rights as such.
D. CONTRACTING FOR SERVICES (BIDDING)
Contracts for construction, purchase of equipment and professional architectural and
engineering services shall be awarded through a competitive process, if required by State law.
RECIPIENT shall retain copies of all bids received and contracts awarded, for inspection and use by
the DEPARTMENT.
E. ASSIGNMENTS
No right or claim of the RECIPIENT arising under this agreement shall be transferred or
assigned by the RECIPIENT.
F. COMPLIANCE WITH ALL LAWS
1. The RECIPIENT shall comply fully with all applicable Federal, State and local laws,
orders, regulations and permits.
Prior to commencement of any construction, the RECIPIENT shall secure the
necessary approvals and permits required by authorities having jurisdiction over the project, provide
assurance to the DEPARTMENT that all approvals and permits have been secured, and make copies
available to the DEPARTMENT upon request.
2. Discrimination. The DEPARTMENT and the RECIPIENT agree to be bound by all
Federal and State laws, regulations, and policies against discrimination. The RECIPIENT further
agrees to affirmatively support the program of the Office of Minority and Women's Business
Enterprises to the maximum extent possible. If the agreement is federally-funded, the RECIPIENT
shall report to the DEPARTMENT the percent of grant/loan funds available to women or minority
owned businesses.
3. Wages And Job Safety. The RECIPIENT agrees to comply with all applicable laws,
regulations, and policies of the United States and the State of Washington which affect wages and
job safety.
4. Industrial Insurance. The RECIPIENT certifies full compliance with all applicable
state industrial insurance requirements. If the RECIPIENT fails to comply with such laws, the
DEPARTMENT shall have the right to immediately terminate this agreement for cause as provided
in Section K.1, herein.
G. KICKBACKS
The RECIPIENT is prohibited from inducing by any means any person employed or
otherwise involved in this project to give up any part of the compensation to which he/she is
otherwise entitled or, receive any fee, commission or gift in return for award of a subcontract
hereunder.
H. AUDITS AND INSPECTIONS
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1. The RECIPIENT shall maintain complete program and financial records relating to
this agreement. Such records shall clearly indicate total receipts and expenditures by fund source and
task or object.
All grant/loan records shall be kept in a manner which provides an audit trail for all
expenditures. All records shall be kept in a common file to facilitate audits and inspections.
Engineering documentation and field inspection reports of all construction work
accomplished under this agreement shall be maintained by the RECIPIENT.
2. All grant/loan records shall be open for audit or inspection by the DEPARTMENT or
by any duly authorized audit representative of the State of Washington for a period of at least three
years after the final grant payment/loan repayment or any dispute resolution hereunder. If any such
audits identify discrepancies in the financial records, the RECIPIENT shall provide clarification
and/or make adjustments accordingly.
3. All work performed under this agreement and any equipment purchased, shall be
made available to the DEPARTMENT and to any authorized state, federal or local representative for
inspection at any time during the course of this agreement and for at least three years following
grant/loan termination or dispute resolution hereunder.
4. RECIPIENT shall meet the provisions in OMB Circular A-133 (Audits of States,
Local Governments & Non Profit Organizations), including the compliance Supplement to OMB
Circular A-133, if the RECIPIENT expends $500,000 or more in a year in Federal funds. The
$500,000 threshold for each year is a cumulative total of all federal funding from all sources. The
RECIPIENT must forward a copy of the audit along with the RECIPIENT’S response and the final
corrective action plan to the DEPARTMENT within ninety (90) days of the date of the audit report.
I. PERFORMANCE REPORTING
The RECIPIENT shall submit progress reports to the DEPARTMENT with each payment
request or such other schedule as set forth in the Special Conditions. The RECIPIENT shall also
report in writing to the DEPARTMENT any problems, delays or adverse conditions which will
materially affect their ability to meet project objectives or time schedules. This disclosure shall be
accompanied by a statement of the action taken or proposed and any assistance needed from the
DEPARTMENT to resolve the situation. Payments may be withheld if required progress reports are
not submitted.
Quarterly reports shall cover the periods January 1 through March 31, April 1 through June
30, July 1 through September 30, and October 1 through December 31. Reports shall be due within
thirty (30) days following the end of the quarter being reported.
J. COMPENSATION
1. Method of compensation. Payment shall normally be made on a reimbursable basis
as specified in the grant agreement and no more often than once per month. Each request for
payment will be submitted by the RECIPIENT on State voucher request forms provided by the
DEPARTMENT along with documentation of the expenses. Payments shall be made for each
task/phase of the project, or portion thereof, as set out in the Scope of Work when completed by the
RECIPIENT and approved as satisfactory by the Project Officer.
The payment request form and supportive documents must itemize all allowable costs
by major elements as described in the Scope of Work. Instructions for submitting the payment
requests are found in "Administrative Requirements for Ecology Grants and Loans", part IV,
published by the DEPARTMENT. A copy of this document shall be furnished to the RECIPIENT.
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When payment requests are approved by the DEPARTMENT, payments will be made to the
mutually agreed upon designee.
Payment requests shall be submitted to the DEPARTMENT and directed to the
Project Officer assigned to administer this agreement.
2. Period of Compensation. Payments shall only be made for actions of the
RECIPIENT pursuant to the grant/loan agreement and performed after the effective date and prior to
the expiration date of this agreement, unless those dates are specifically modified in writing as
provided herein.
3. Final Request(s) for Payment. The RECIPIENT should submit final requests for
compensation within forty-five(45) days after the expiration date of this agreement and within
fifteen (15) days after the end of a fiscal biennium. Failure to comply may result in delayed
reimbursement.
4. Performance Guarantee. The DEPARTMENT may withhold an amount not to
exceed ten percent (10%) of each reimbursement payment as security for the RECIPIENT's
performance. Monies withheld by the DEPARTMENT may be paid to the RECIPIENT when the
project(s) described herein, or a portion thereof, have been completed if, in the DEPARTMENT's
sole discretion, such payment is reasonable and approved according to this agreement and, as
appropriate, upon completion of an audit as specified under section J.6. herein.
5. Unauthorized Expenditures. All payments to the RECIPIENT may be subject to final
audit by the DEPARTMENT and any unauthorized expenditure(s) charged to this grant/loan shall be
refunded to the DEPARTMENT by the RECIPIENT.
6. Mileage and Per Diem. If mileage and per diem are paid to the employees of the
RECIPIENT or other public entities, it shall not exceed the amount allowed under state law for state
employees.
7. Overhead Costs. No reimbursement for overhead costs shall be allowed unless
provided for in the Scope of Work hereunder.
K. TERMINATION
1. For Cause. The obligation of the DEPARTMENT to the RECIPIENT is contingent
upon satisfactory performance by the RECIPIENT of all of its obligations under this agreement. In
the event the RECIPIENT unjustifiably fails, in the opinion of the DEPARTMENT, to perform any
obligation required of it by this agreement, the DEPARTMENT may refuse to pay any further funds
thereunder and/or terminate this agreement by giving written notice of termination.
A written notice of termination shall be given at least five working days prior to the
effective date of termination. In that event, all finished or unfinished documents, data studies,
surveys, drawings, maps, models, photographs, and reports or other materials prepared by the
RECIPIENT under this agreement, at the option of the DEPARTMENT, shall become Department
property and the RECIPIENT shall be entitled to receive just and equitable compensation for any
satisfactory work completed on such documents and other materials.
Despite the above, the RECIPIENT shall not be relieved of any liability to the
DEPARTMENT for damages sustained by the DEPARTMENT and/or the State of Washington
because of any breach of agreement by the RECIPIENT. The DEPARTMENT may withhold
payments for the purpose of setoff until such time as the exact amount of damages due the
DEPARTMENT from the RECIPIENT is determined.
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2. Insufficient Funds. The obligation of the DEPARTMENT to make payments is
contingent on the availability of state and federal funds through legislative appropriation and state
allotment. When this agreement crosses over state fiscal years the obligation of the DEPARTMENT
is contingent upon the appropriation of funds during the next fiscal year. The failure to appropriate
or allot such funds shall be good cause to terminate this agreement as provided in paragraph K.1
above.
When this agreement crosses the RECIPIENT's fiscal year, the obligation of the
RECIPIENT to continue or complete the project described herein shall be contingent upon
appropriation of funds by the RECIPIENT's governing body; Provided, however, that nothing
contained herein shall preclude the DEPARTMENT from demanding repayment of ALL funds paid
to the RECIPIENT in accordance with Section O herein.
3. Failure to Commence Work. In the event the RECIPIENT fails to commence work
on the project funded herein within four months after the effective date of this agreement, or by any
date mutually agreed upon in writing for commencement of work, the DEPARTMENT reserves the
right to terminate this agreement.
L. WAIVER
Waiver of any RECIPIENT default is not a waiver of any subsequent default. Waiver of a
breach of any provision of this agreement is not a waiver of any subsequent breach and will not be
construed as a modification of the terms of this agreement unless stated as such in writing by the
authorized representative of the DEPARTMENT.
M. PROPERTY RIGHTS
1. Copyrights and Patents. When the RECIPIENT creates any copyrightable materials
or invents any patentable property, the RECIPIENT may copyright or patent the same but the
DEPARTMENT retains a royalty-free, nonexclusive and irrevocable license to reproduce, publish,
recover or otherwise use the material(s) or property and to authorize others to use the same for
federal, state or local government purposes.
Where federal funding is involved, the federal government may have a proprietary
interest in patent rights to any inventions that are developed by the RECIPIENT as provided in 35
U.S.C. 200-212.
2. Publications. When the RECIPIENT or persons employed by the RECIPIENT use or
publish information of the DEPARTMENT; present papers, lectures, or seminars involving
information supplied by the DEPARTMENT; use logos, reports, maps or other data, in printed
reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to the DEPARTMENT.
3. Tangible Property Rights. The DEPARTMENT's current edition of "Administrative
Requirements for Ecology Grants and Loans", Part V, shall control the use and disposition of all real
and personal property purchased wholly or in part with funds furnished by the DEPARTMENT in
the absence of state, federal statute(s), regulation(s), or policy(s) to the contrary or upon specific
instructions with respect thereto in the Scope of Work.
4. Personal Property Furnished by the DEPARTMENT. When the DEPARTMENT
provides personal property directly to the RECIPIENT for use in performance of the project, it shall
be returned to the DEPARTMENT prior to final payment by the DEPARTMENT. If said property
is lost, stolen or damaged while in the RECIPIENT's possession, the DEPARTMENT shall be
reimbursed in cash or by setoff by the RECIPIENT for the fair market value of such property.
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5. Acquisition Projects. The following provisions shall apply if the project covered by
this agreement includes funds for the acquisition of land or facilities:
a. Prior to disbursement of funds provided for in this agreement, the
RECIPIENT shall establish that the cost of land/or facilities is fair and reasonable.
b. The RECIPIENT shall provide satisfactory evidence of title or ability to
acquire title for each parcel prior to disbursement of funds provided by this agreement. Such
evidence may include title insurance policies, Torrens certificates, or abstracts, and attorney's
opinions establishing that the land is free from any impediment, lien, or claim which would impair
the uses contemplated by this agreement.
6. Conversions. Regardless of the contract termination date shown on the cover sheet,
the RECIPIENT shall not at any time convert any equipment, property or facility acquired or
developed pursuant to this agreement to uses other than those for which assistance was originally
approved without prior written approval of the DEPARTMENT. Such approval may be conditioned
upon payment to the DEPARTMENT of that portion of the proceeds of the sale, lease or other
conversion or encumbrance which monies granted pursuant to this agreement bear to the total
acquisition, purchase or construction costs of such property.
N. SUSTAINABLE PRODUCTS
In order to sustain Washington’s natural resources and ecosystems, the RECIPIENT is
encouraged to implement sustainable practices where and when possible. These practices include
use of clean energy, and purchase and use of sustainably produced products (e.g. recycled paper).
For more information, see www.ecy.wa.gov/sustainability..
O. RECOVERY OF PAYMENTS TO RECIPIENT
The right of the RECIPIENT to retain monies paid to it as reimbursement payments is
contingent upon satisfactory performance of this agreement including the satisfactory completion of
the project described in the Scope of Work. In the event the RECIPIENT fails, for any reason, to
perform obligations required of it by this agreement, the RECIPIENT may, at the DEPARTMENT's
sole discretion, be required to repay to the DEPARTMENT all grant/loan funds disbursed to the
RECIPIENT for those parts of the project that are rendered worthless in the opinion of the
DEPARTMENT by such failure to perform.
Interest shall accrue at the rate of twelve percent (12%) per year from the time the
DEPARTMENT demands repayment of funds. If payments have been discontinued by the
DEPARTMENT due to insufficient funds as in Section K.2 above, the RECIPIENT shall not be
obligated to repay monies which had been paid to the RECIPIENT prior to such termination. Any
property acquired under this agreement, at the option of the DEPARTMENT, may become the
DEPARTMENT'S property and the RECIPIENT'S liability to repay monies shall be reduced by an
amount reflecting the fair value of such property.
P. PROJECT APPROVAL
The extent and character of all work and services to be performed under this agreement by
the RECIPIENT shall be subject to the review and approval of the DEPARTMENT through the
Project Officer or other designated official to whom the RECIPIENT shall report and be responsible.
In the event there is a dispute with regard to the extent and character of the work to be done, the
determination of the Project Officer or other designated official as to the extent and character of the
work to be done shall govern. The RECIPIENT shall have the right to appeal decisions as provided
for below.
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Q. DISPUTES
Except as otherwise provided in this agreement, any dispute concerning a question of fact
arising under this agreement which is not disposed of in writing shall be decided by the Project
Officer or other designated official who shall provide a written statement of decision to the
RECIPIENT. The decision of the Project Officer or other designated official shall be final and
conclusive unless, within thirty days from the date of receipt of such statement, the RECIPIENT
mails or otherwise furnishes to the Director of the DEPARTMENT a written appeal.
In connection with appeal of any proceeding under this clause, the RECIPIENT shall have
the opportunity to be heard and to offer evidence in support of this appeal. The decision of the
Director or duly authorized representative for the determination of such appeals shall be final and
conclusive. Appeals from the Director's determination shall be brought in the Superior Court of
Thurston County. Review of the decision of the Director will not be sought before either the
Pollution Control Hearings Board or the Shoreline Hearings Board. Pending final decision of
dispute hereunder, the RECIPIENT shall proceed diligently with the performance of this agreement
and in accordance with the decision rendered.
R. CONFLICT OF INTEREST
No officer, member, agent, or employee of either party to this agreement who exercises any
function or responsibility in the review, approval, or carrying out of this agreement, shall participate
in any decision which affects his/her personal interest or the interest of any corporation, partnership
or association in which he/she is, directly or indirectly interested; nor shall he/she have any personal
or pecuniary interest, direct or indirect, in this agreement or the proceeds thereof.
S. INDEMNIFICATION
1. The DEPARTMENT shall in no way be held responsible for payment of salaries,
consultant's fees, and other costs related to the project described herein, except as provided in the
Scope of Work.
2. To the extent that the Constitution and laws of the State of Washington permit, each
party shall indemnify and hold the other harmless from and against any liability for any or all
injuries to persons or property arising from the negligent act or omission of that party or that party's
agents or employees arising out of this agreement.
T. GOVERNING LAW
This agreement shall be governed by the laws of the State of Washington.
U. SEVERABILITY
If any provision of this agreement or any provision of any document incorporated by
reference shall be held invalid, such invalidity shall not affect the other provisions of this agreement
which can be given effect without the invalid provision, and to this end the provisions of this
agreement are declared to be severable.
V. PRECEDENCE
In the event of inconsistency in this agreement, unless otherwise provided herein, the
inconsistency shall be resolved by giving precedence in the following order: (a) applicable Federal
and State statutes and regulations; (b) Scope of Work; (c) Special Terms and Conditions; (d) Any
terms incorporated herein by reference including the "Administrative Requirements for Ecology
Grants and Loans"; and (e) the General Terms and Conditions.
Packet Page 94 of 132
Grant No. G1000397
City of Edmonds
19
IN WITNESS WHEREOF, the parties sign this Agreement:
STATE OF WASHINGTON CITY OF EDMONDS
DEPARTMENT OF ECOLOGY
__________________________________ _____________________________
Laurie G. Davies Date Signatory Date
Program Manager
Waste 2 Resources
______________________________
Printed Name and Title of Signatory
Approved as to form only Assistant Attorney General
Packet Page 95 of 132
AM-2741 2.G.
Senior Center Recreational Services Agreement 2010
Edmonds City Council Meeting
Date:01/26/2010
Submitted By:Brian McIntosh Time:Consent
Department:Parks and Recreation Type:Action
Review Committee:
Committee Action:
Information
Subject Title
Senior Center Recreational Services Agreement for 2010 for the South Snohomish County Senior
Center.
Recommendation from Mayor and Staff
Authorize Mayor to sign the agreement.
Previous Council Action
none
Narrative
The City of Edmonds has a long-standing relationship with the South Snohomish County Senior
Center to assist in providing recreational services at the Senior Center. Annually the City of
Edmonds agrees to contribute to the recreational services and programs provided by the Senior
Center to benefit Edmonds citizens.
$60,000 was budgeted for both 2009 and 2010 in the current adopted City budget. There are no
major changes in the 2010 Agreement.
Fiscal Impact
Attachments
Link: Recreation Services Agreement
Form Routing/Status
Route Seq Inbox Approved By Date Status
1 City Clerk Sandy Chase 01/21/2010 09:21 AM APRV
2 Mayor Gary Haakenson 01/21/2010 10:04 AM APRV
3 Final Approval Sandy Chase 01/21/2010 10:21 AM APRV
Form Started By: Brian
McIntosh
Started On: 01/21/2010 08:48
AM
Final Approval Date: 01/21/2010
Packet Page 96 of 132
RECREATIONAL SERVICES AGREEMENT
2010
BETWEEN THE CITY OF EDMONDS, WASHINGTON
AND
THE SOUTH COUNTY SENIOR CENTER
The following is an agreement between the CITY OF EDMONDS, Washington (hereinafter
referred to as the "City"), a municipal corporation, and the SOUTH COUNTY SENIOR
CENTER, INC. (hereinafter referred to as the "Senior Center"), a non-profit organization
organized under the laws of the State of Washington.
W I T N E S S E T H
1. The City agrees to pay the Senior Center for the calendar year 2010 the sum of sixty
thousand dollars ($60,000) in equal installments of five thousand dollars ($5,000) on or
before the fifteenth of each month.
2. In consideration of said funds the Senior Center agrees to provide and augment the
recreational activities of the City by providing recreational and social service programs to
senior citizens of Edmonds. The parties agree that it is to the mutual benefit of both signators
hereto to have the Senior Center plan and program said recreational and social service
activities for senior citizens of Edmonds rather than the City establishing a separate
recreational program of its own due to the economies and efficiencies that may be achieved
by such mutual cooperation between the parties. All programs of the Center shall be
available to eligible Edmonds citizens at the same cost, if any, or at a reduced rate below that
to which such programs are available to the general senior population.
3. The funds received by the Senior Center under this Agreement shall be used exclusively for
the purposes of providing recreational and social service programs or to help fund
recreational classes and social service programs for senior citizens of Edmonds for the
calendar year 2010. Any funds not so used shall be refunded to the City and the failure to
utilize the funds for the purposes enumerated in this agreement shall be grounds for
termination of this agreement without notice by the City. The Senior Center shall account for
the expenditures of all such funds received by it from the City on an annual or more frequent
basis and shall provide a statement in the form prescribed by the City through its Finance
Director, or other authorized official, evidencing the nature and manner of expenditures of
these funds and providing the City with substantiation that these funds have been used for the
purposes enumerated. The Senior Center shall maintain its financial records in accordance
with generally accepted accounting practice and shall make such records available for
inspection during normal business hours by the City, the State Auditor or their designee(s).
In the event the Senior Center expends any of these funds for purposes other than
enumerated, and such expenditures are deemed to be a violation of the provisions of the
Constitution or the laws of the State of Washington, the City may, at its alternative,
{WSS759635.DOC;1\00006.900000\ } 1
Packet Page 97 of 132
4. The Senior Center agrees to protect, indemnify and save the City, its officers, agents and
employees harmless from and against any and all injury or damage to the City or its property,
and also from and against all claims, demands and causes of action of every kind and
character arising directly or indirectly or in any way incident to, in connection with, or
arising out of or under the terms of this Agreement, caused by the fault of the Senior Center,
its agents, employees, representatives or subcontractors. The Senior Center specifically
promises to indemnify the City against claims or suits brought under Title 51 RCW by his
employees or subcontractors and waives any immunity that the Senior Center may have
under that title with respect to the City. The Senior Center further agrees to fully indemnify
the City from and against any and all costs of defending any such claim or demand to the end
that the City is held harmless therefrom. This section shall not apply to damages or claims
resulting from the sole negligence of the City, in which event the laws of the State of
Washington shall govern the parties’ respective liabilities.
5. The Senior Center shall secure and maintain in full force and effect during performance of all
work pursuant to this agreement a policy of comprehensive general liability insurance
providing coverage of at least $1,000,000 per occurrence and $3,000,000 aggregate for
personal injury; $250,000 per occurrence and aggregate for property damage. Such policy
shall list the City as a named insured and shall include a provision prohibiting cancellation of
said policy except upon thirty (30) days written notice to the City. Certificates of coverage
shall be delivered to the City within fifteen (15) days of execution of this document.
6. The Senior Center shall be and is an independent contractor and nothing herein shall be
interpreted to create an employment relationship between the City and the Senior Center or
with any employee of either the City or the Senior Center with respect to employees of the
other party. The Senior Center agrees to hold harmless and indemnify the City from any and
all employee related costs arising from or out of a claim by any of its employees against the
City of Edmonds for wages, costs or benefits relating to such employee's employment by the
Senior Center.
7. The Senior Center agrees to maintain current records containing the residence addresses of
the persons who utilize the services during the calendar year of the contract and provide a
yearend report on total number of Edmonds residents accessing services and the true and
actual numbers of service hours provided to all clientele.
8. Either party may terminate this Agreement without cause upon providing 30 days written
notice to the other Party; PROVIDED, that the City may terminate this Agreement effective
immediately for breach of paragraph 3 or 5. Termination shall not affect the Senior Center’s
obligation to protect, indemnify, and hold harmless the City as provided hereunder. This
agreement shall be automatically renewed for each successive year unless revoked in writing
by one of the parties prior to November 30th of the current year; unless terminated as
provided herein.
{WSS759635.DOC;1\00006.900000\ } 2
Packet Page 98 of 132
{WSS759635.DOC;1\00006.900000\ } 3
DATED this _______ day of ____________, 2010.
CITY OF EDMONDS: SOUTH COUNTY SENIOR CENTER,
INC.
By:
Mayor Gary Haakenson Its:
ATTEST/AUTHENTICATED:
Sandra S. Chase, City Clerk
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
By:
W. Scott Snyder
Packet Page 99 of 132
AM-2744 3.
Planning Board Confirmation
Edmonds City Council Meeting
Date:01/26/2010
Submitted By:Linda Carl
Submitted For:Gary Haakenson Time:10 Minutes
Department:Mayor's Office Type:Action
Review Committee:
Committee Action:
Information
Subject Title
Confirmation of Mayor's appointment to the Planning Board.
Recommendation from Mayor and Staff
Previous Council Action
The Council rejected the Mayor's previous appointment of Lois Broadway for the appointment to
the Planning Board; therefore, the Mayor reviewed those who interviewed and now has selected
Kristiana Johnson for appointment.
Narrative
Kristiana will fill the alternate position, which expires in December 2012.
Fiscal Impact
Attachments
Link: Application
Form Routing/Status
Route Seq Inbox Approved By Date Status
1 City Clerk Sandy Chase 01/21/2010 01:11 PM APRV
2 Mayor Gary Haakenson 01/21/2010 01:15 PM APRV
3 Final Approval Sandy Chase 01/21/2010 01:20 PM APRV
Form Started By: Linda
Carl
Started On: 01/21/2010 12:00
PM
Final Approval Date: 01/21/2010
Packet Page 100 of 132
Packet Page 101 of 132
AM-2747 4.
Update on the 2010 Budget
Edmonds City Council Meeting
Date:01/26/2010
Submitted By:Sandy Chase
Submitted For:Mayor Gary Haakenson Time:15 Minutes
Department:City Clerk's Office Type:Information
Review Committee:
Committee Action:
Information
Subject Title
Update on the 2010 Budget (Mayor Haakenson).
Recommendation from Mayor and Staff
Previous Council Action
Narrative
Mayor Haakenson will give a report on the 2010 Budget at this evening's meeting.
Fiscal Impact
Attachments
No file(s) attached.
Form Routing/Status
Route Seq Inbox Approved By Date Status
1 City Clerk Sandy Chase 01/21/2010 03:00 PM APRV
2 Mayor Gary Haakenson 01/21/2010 03:05 PM APRV
3 Final Approval Sandy Chase 01/21/2010 03:08 PM APRV
Form Started By: Sandy
Chase
Started On: 01/21/2010 02:57
PM
Final Approval Date: 01/21/2010
Packet Page 102 of 132
AM-2743 5.
Municipal Court Annual Report
Edmonds City Council Meeting
Date:01/26/2010
Submitted By:Doug Fair Time:15 Minutes
Department:Municipal Court Type:Information
Review Committee:
Committee Action:
Information
Subject Title
Municipal Court 2009 Annual Report.
Recommendation from Mayor and Staff
Previous Council Action
Narrative
Please refer to the attached 2009 Annual Report and charts.
Fiscal Impact
Attachments
Link: 2009 Annual Report
Link: 2009 Annual Report Charts
Form Routing/Status
Route Seq Inbox Approved By Date Status
1 City Clerk Sandy Chase 01/21/2010 01:11 PM APRV
2 Mayor Gary Haakenson 01/21/2010 01:15 PM APRV
3 Final Approval Sandy Chase 01/21/2010 01:20 PM APRV
Form Started By: Doug
Fair
Started On: 01/21/2010 11:05
AM
Final Approval Date: 01/21/2010
Packet Page 103 of 132
EDMONDS MUNICIPAL COURT
2009 COUNCIL REPORT
_______________________________________________________________________
________________________________________________________________________
Filings
Our filings have increased over the past five years. However, our
2009 year-end total of 7,853 exceeded the total filings from 2008 by
only 71 filings. This represents a leveling of the growth we have
experienced since 2005.
Revenues and Expenses
In 2009 our gross revenues totaled $1,247,883. This was a minute
increase in gross revenues of $4,309 over 2008. Given the economic
downturn of 2009, I am pleased that our gross revenues remained
stable. The resulting net revenue, after reimbursements to the State,
was $865,657.
On the expense side of the ledger, the Court spent $724,975 which
was about 4% below our original budget estimate. As a result, net
revenues exceeded expenditures in 2009 by $140,682. This is an
increase of about 8% over 2008.
This year, at the suggestion of Council, I compared expenses to the
original budget, not the adjusted budget so there are larger variations
then in past reports. The expense categories that are substantially
over budget are in minor equipment and repair and maintenance.
There were a couple of items in these categories that should have
been allocated to repair and maintenance judicial as they were
purchased from court improvement funds. If we allocate those
Packet Page 104 of 132
funds to the appropriate category, then minor equipment comes in
under budget and repair/maint goes from 452% over budget to
142% over budget. This was not done this year because the repair
and maintenance judicial category was a new category that was added
after these items had been categorized.
Passports
Since March of 2002, when the Edmonds Municipal Court received
its Passport Agent Designation Certificate from the US Bureau of
Consular Affairs, we have processed 8,566 passport applications.
Going into last year we were uncertain as to the demand for
passports due to the uncertainty regarding the Olympics, passport
requirements and license requirements for cross-border traffic. The
new licenses that meet federal requirements appear to have lowered
the demand for passports.
Last year, the Court processed only 800 applications, grossing
$20,000. That is the lowest revenue generated by the passport
program since its inception in 2002.
EHM and SCRAM Monitoring
The Edmonds Municipal Court utilizes Electronic Home Monitoring
(EHM) as a jail alternative. This enables the judge to be more
flexible when determining jail options. EHM eligibility is determined
by using written criteria based on a statutory scheme developed for
felony offenses.
We monitor some EHM through our probation department. A
defendant pays the Court $15 a day for the EHM equipment that the
court rents for $5.75, leaving a $9.75 monetary gain per diem. The
amount a defendant pays is based on a sliding scale so that those who
are less fortunate still have the opportunity to receive EHM. In 2009
Packet Page 105 of 132
income exceeded expenses by $7,814 and 40 defendants utilized this
program saving 1,266 jail days.
We also outsource some EHM because of equipment compatibility
issues. We do not collect any money on the outsourced EHM.
However, we do save the amount of money that would be spent were
these defendants in jail. In 2009 53 defendants used the outsourced
EHM program saving 1,334 jail days.
We also use an alcohol sensor-monitoring bracelet called a SCRAM
bracelet. This device routinely monitors a defendant for the
consumption of alcohol and immediately reports any violations. This
is a useful tool in providing a pre-trial release option for defendants
who might otherwise be held in custody. In 2009 36 defendants
utilized this program saving 3,884 jail days.
In 2009 the City of Edmonds paid $61.11 a day for a defendant who
was incarcerated in the Snohomish County Jail. In addition, every
time a defendant reports to the Snohomish County Jail a one-time
booking fee of $90.76 is charged to the City. The City of Lynnwood
charged $65 a day with a $10 booking fee. These expenses were
saved when EHM or SCRAM is ordered in lieu of jail.
In 2009, 129 defendants served 6,484 days using EHM and SCRAM.
Using the most conservative estimates ($61.11 a day without booking
fees) the citizens of Edmonds saved $396,237 had all of those days
been served in jail.
In reality, not all of those days would be saved. Some of the EHM is
required by statute on DUI and physical control cases. We did not
track those separately but we will do so for 2010 and beyond. Also,
some of the SCRAM defendants may have made bail so they would
not have been in custody for the entire time they were on a SCRAM
bracelet.
Packet Page 106 of 132
Community Service
In addition to EHM, the Court offers community service options to
defendants. A defendant may provide eight hours of service to a
local non-profit agency in lieu of a day of jail. Community Service is
ideal for a defendant who has received a short jail sentence on a
minor offense. It provides an excellent alternative to using jail space
and spending tax dollars to house offenders. This program provides
an opportunity to “give-back” to our community.
In 2009, 263 defendants provided 9,836 hours of community service.
This was a savings of 1,229 jail days and saved the City $74,921 in jail
costs. This is a large increase over past reports. Part of this was an
increase in use and part was an effort on our part of tracking the days
more accurately.
Court Improvement Account Funds
As you may recall, the City receives money from the State by virtue
of having the judicial position an elected position. The City has
received $29,911 from the State since 2006. This money has been set
aside in a court improvement account. To date, $21,304.39 has been
expensed from this account.
Between 2006 and 2008 these funds were used to make the following
improvements:
Pour concrete steps and handrail outside the back
entrance to the administrative office.
Provide a keyless entry to the backdoor and chambers.
Reconfigure the probation office for increased safety by
routing probationers through an outside door, not the
main entrance to the Court’s administrative office.
Offset payments on an update to the security alarm
system used in the public safety facility.
Packet Page 107 of 132
In 2009 we purchased “panic buttons” for use by clerks and the
judge. These buttons notify emergency dispatch that there is an
emergency in this room and to dispatch officers to the courtroom
facility. These alarms can be made available to the council or
hearings examiners for use during their public meetings in this room.
In addition, we purchased wireless headsets for three staff members.
These staff members spend a significant amount of time on the
phone. The wireless headsets enabled them to continue to move
about the office while still on the phone. They are able to copy
documents and retrieve files without being tethered to their desks.
Finally, and most importantly, we purchased all of the equipment
necessary to conduct video hearings with the Snohomish County jail.
This will serve numerous purposes: It will increase the number of
calendars for incarcerated individuals and hopefully reduce the jail
budget; it should reduce the transportation costs of bringing
prisoners down here; and it will increase the safety factor as we will
be bringing far fewer prisoners down to court.
The increase in the number of calendars may result in a request for a
contract renegotiation from the Prosecutor and the Public Defender.
They currently staff one in-custody calendar per week. There will be
two video calendars on a weekly basis.
Staffing and Workload
The Court employs an administrator, a probation clerk and five full-
time clerks. The part-time clerk resigned her position in March and,
due to the budget situation, she was not replaced.
In 2005 the staff processed 5,318 cases. In 2009 we processed 7,853
cases. That is an increase of 47% over five years. The
Administrative Office of the Courts (AOC) has calculated the judicial
Packet Page 108 of 132
workload to be .93 of a judicial full-time equivalent (FTE). It is
currently set at .55 judicial FTE.
Not only has the Court been able to absorb the increased caseload
without an increase in staffing or increasing the judicial FTE
percentage, we are actually doing it with less staffing and less
experienced staff. As you may recall, we hired two replacement
clerks at the end of 2008. It generally takes about five years to fully
train a court clerk. However, these new clerks hit the ground running
and have done a great job. These new clerks, together with a very
experienced cadre of existing clerks, have done an exemplary job in
meeting an ever-increasing workload.
Even if case levels continue to rise, we may not need to request a
staff increase in the near future. Part of this optimism stems from
the pending implementation of electronic ticketing. This will provide
staff time-savings because the ticket information will be entered only
once: electronically by the officer at the time the citation is issued.
Currently, clerks must reenter all the information into the database
once a ticket is filed with the Court.
Despite this optimism, the Court cannot continue to absorb increases
in workload indefinitely. If caseloads continue to rise then staffing
issues will need to be addressed at some point. The disparity
between the current judicial FTE and the AOC calculated workload
should also be addressed in the next year or two.
Packet Page 109 of 132
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Fe
b
2
4
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8
9
8
5
4
4
8
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5
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F
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3
6
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A pr
27
9
6
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1
5
3
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3
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Ma
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3
5
4
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4
6
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2
Ma
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46
5
6
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7
7
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8
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7
3
Ju
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e
3
3
7
6
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6
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30
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l
27
6
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28
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30
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26
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6
4
6
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5
Se
p
24
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3
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p
14
6
6
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6
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t
35
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22
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No
v
35
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4
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4
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18
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c
19
9
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20
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22
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23
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23
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36
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38
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21
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3
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0
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5
8
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9
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70.08%
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0
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83.38%
3
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0
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8
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66.25%
3
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6
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0
3
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E
L
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T
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1
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6
9
6
6
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3
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36.96%
3
4
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3
7
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3
2
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3
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9
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7
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9
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3
10.70%
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3
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3
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1
0
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0
0
0
9
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2
9
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7
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7
92.93%
3
5
3
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1
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0
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T
R
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6
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7
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6
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5
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1
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6
3
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3
5
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1
0
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0
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B
C
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6
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7
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6
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5
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7
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0
0
0
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5
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5
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63.21%
3
5
4
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0
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P
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3
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2
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6
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8.50%
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3
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37.81%
3
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3
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3
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1
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97.35%
3
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55.78%
3
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Pa
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11
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%
2
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M
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5
0
0
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8
-
2
,
5
3
8
269.20%
2
3
0
.
5
1
2
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5
0
0
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4
1
0
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0
0
P
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-
3
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111.33%
2
3
0
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5
1
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5
0
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4
1
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1
P
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1
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3
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7
-
3
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3
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7
121.11%
2
3
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5
1
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5
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4
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0
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C
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0.00%
2
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5
1
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5
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4
3
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0
0
T
R
A
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2
,
0
0
0
9
9
9
1
,
0
0
1
49.95%
2
3
0
.
5
1
2
.
5
0
0
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4
5
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0
0
R
E
N
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/
L
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3
0
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1
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4
1
4
6
51.33%
2
3
0
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5
1
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5
0
0
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4
8
0
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0
0
R
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M
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4
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6
452.44%
2
3
0
.
5
1
2
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3
0
5
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1
0
R
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A
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&
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0
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-
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0.00%
2
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5
1
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8
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1
0
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8
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0.00%
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9
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0
0
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2
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0
0
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5
-
2
4
5
112.25%
2
3
0
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5
1
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5
4
0
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4
9
0
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0
0
M
I
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J
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2
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4
0
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7
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2
6
7
8
71.75%
T
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C
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F
F
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C
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5
6
0
,
7
2
2
5
2
4
,
4
0
5
3
6
,
3
1
7
93.52%
2
3
0
.
5
1
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.
5
0
1
P
R
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B
A
T
I
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2
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1
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0
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1
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,
0
1
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1
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0
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2
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9
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6
102.76%
2
3
0
.
5
1
2
.
5
0
1
.
1
2
0
.
0
0
O
V
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E
1
,
0
0
0
1
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4
0
9
-
4
0
9
140.90%
2
3
0
.
5
1
2
.
5
0
1
.
2
3
0
.
0
0
B
E
N
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F
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S
4
6
,
4
3
3
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8
,
3
2
9
-
1
,
8
9
6
104.08%
2
3
0
.
5
1
2
.
5
0
1
.
3
1
0
.
0
0
S
U
P
P
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1
0
,
0
0
0
1
3
,
0
8
6
-
3
,
0
8
6
130.86%
2
3
0
.
5
1
2
.
5
0
1
.
3
5
0
.
0
0
S
M
A
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L
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U
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3
0
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0
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0
0
0.00%
2
3
0
.
5
1
2
.
5
0
1
.
4
1
0
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0
1
P
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-
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P
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1
2
,
0
0
0
1
3
,
4
1
8
-
1
,
4
1
8
111.82%
2
3
0
.
5
1
2
.
5
0
1
.
4
2
0
.
0
0
C
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M
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C
A
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0
2
0
5
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2
0
5
0.00%
2
3
0
.
5
1
2
.
5
0
1
.
4
3
0
.
0
0
T
R
A
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5
0
0
2
2
3
2
7
7
44.60%
2
3
0
.
5
1
2
.
5
0
1
.
4
5
0
.
0
0
R
E
N
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A
L
/
L
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1
,
7
0
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1
,
6
1
5
8
5
95.00%
2
3
0
.
5
1
2
.
5
0
1
.
4
8
0
.
0
0
R
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P
A
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&
M
A
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C
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4
0
0
3
1
0
9
0
77.50%
2
3
0
.
5
1
2
.
5
0
1
.
4
9
0
.
0
0
M
I
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L
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A
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4
0
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4
8
3
-
8
3
120.75%
2
3
0
.
5
2
3
.
2
0
0
.
5
1
0
.
0
0
H
O
M
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M
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I
T
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-
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C
1
4
,
0
0
0
1
0
,
4
9
1
3
,
5
0
9
74.94%
T
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P
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A
T
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1
9
4
,
7
4
8
2
0
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,
5
7
0
-
5
,
8
2
2
102.99%
G
R
A
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T
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L
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M
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T
7
5
5
,
4
7
0
7
2
4
,
9
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5
3
0
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4
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5
95.96%
Pa
c
k
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t
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g
e
11
4
of
13
2
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8
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8
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9
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1
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3
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0
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3
6
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4
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2
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7
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6
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AM-2746 6.
Public Defender Annual Report
Edmonds City Council Meeting
Date:01/26/2010
Submitted By:Sandy Chase Time:15 Minutes
Department:City Clerk's Office Type:Information
Review Committee:
Committee Action:
Information
Subject Title
Public Defender Annual Report.
Recommendation from Mayor and Staff
Previous Council Action
Narrative
James Feldman, Public Defender, will be present at the meeting to give a report. Attached is a
letter/report submitted by Mr. Feldman.
Fiscal Impact
Attachments
Link: 01-26-10 Letter from James Feldman, Public Defender
Form Routing/Status
Route Seq Inbox Approved By Date Status
1 City Clerk Sandy Chase 01/21/2010 01:20 PM APRV
2 Mayor Gary Haakenson 01/21/2010 01:22 PM APRV
3 Final Approval Sandy Chase 01/21/2010 03:01 PM APRV
Form Started By: Sandy
Chase
Started On: 01/21/2010 01:18
PM
Final Approval Date: 01/21/2010
Packet Page 117 of 132
Packet Page 118 of 132
Packet Page 119 of 132
Packet Page 120 of 132
Packet Page 121 of 132
Packet Page 122 of 132
Packet Page 123 of 132
Packet Page 124 of 132
AM-2735 7.
Limitations on Contributions for City Council Campaigns
Edmonds City Council Meeting
Date:01/26/2010
Submitted By:Jana Spellman
Submitted For:Council President Bernheim Time:30 Minutes
Department:City Council Type:Action
Review Committee:
Committee Action:
Information
Subject Title
Proposed Ordinance relating to limitations on contributions for City Council campaigns and
creating a new Chapter 1.99 of the Edmonds City Code. Public comment will be received on this
matter.
Recommendation from Mayor and Staff
Previous Council Action
An initial discussion of campaign finance limits took place at the November 17, 2009 Council
Meeting.
Exh. 1: 11/17/09 Council Minutes
Narrative
Council President Bernheim has placed this item on the agenda for discussion and possible action.
Exh. 2: Memo from Council President Bernheim with proposed ordinance.
Exh. 3: 01-22-10 Council President Bernheim email regarding campaign contribution limits.
Fiscal Impact
Attachments
Link: Exh. 1 11-17-2009 CM
Link: Exh. 2 Bernheim Memo-Proposed Ord
Link: Exh. 3 Bernheim Email re: Campaign Contribution Limits
Form Routing/Status
Route Seq Inbox Approved By Date Status
1 City Clerk Sandy Chase 01/21/2010 11:32 AM APRV
2 Mayor Gary Haakenson 01/21/2010 11:36 AM APRV
3 Final Approval Sandy Chase 01/21/2010 01:20 PM APRV
Form Started By: Jana
Spellman
Started On: 01/19/2010 03:11
PM
Final Approval Date: 01/21/2010
Packet Page 125 of 132
Final Approval Date: 01/21/2010
Packet Page 126 of 132
Packet Page 127 of 132
Packet Page 128 of 132
City of Edmonds
City Councilman Steve Bernheim
January 22, 2010
Memo to Edmonds City Council re: Proposed Campaign Contribution Limits
Date: November 9, 2009
Summary of Campaign Contribution Limit Proposal: Attached is a draft, short ordinance providing for
campaign contribution limits for city council and mayoral elections. A candidate's own funds and volunteer
services would not count, but in-kind and cash contributions would be limited to $750. The operative
language is found in section 3 of the proposal:
(a) No candidate shall accept or receive during the election cycle, campaign contributions totaling
more than $750.00 from any person.
(b) The limitations in this section shall apply to all contributions except: (1) a candidate's
contributions of his/her own resources to his/her own campaign; (2) the value of volunteer
services; or (3) publicly donated funds under provisions authorizing public funding of local
campaigns.
Background: Contributions to City Council and Mayor races now are literally unlimited: anyone from
anywhere may contribute an unlimited amount (except that no one may give more than $5,000 during the
last three weeks before the election).
Though Edmonds is Washington’s 19th largest city, according to Chris Fyall’s July 29, 2009 Everett
Herald article, “Edmonds’ council elections, … regularly rank among Washington’s most expensive. In
2005, Edmonds featured the state’s 10th most expensive council election. In 2007, it was ninth.…
Already, the candidates have raised $1.58 for every person in Edmonds. On a per capita basis, it gives
Edmonds the state’s fourth most expensive council election, behind just Seattle, Olympia and Shoreline.”
This year, seven candidates raised $125,000 for City Council races. The two most expensive campaigns
together spent more than $58,000.In 2007, ten candidates (including the Mayor’s race) raised over
$175,000. Historically, the record contribution for Edmonds City Council races is $4,380 given by an
Edmonds print shop manager. The most expensive race spent more than $37,000.
Most city council candidates announced their general support for limiting campaign contributions at the
South County Senior Center candidate forum on Monday, August 10, though a maximum contribution
amount was not specified by any candidate.
My proposed limit of $750 permits the voters of Edmonds to limit the influence of large single donors,
whether corporate or individual, local or from out-of-state or foreign countries and, though not perfect, is
better than the current situation permitting unlimited contributions from anyone, anywhere. My concern is
not so much with the contributions we have recorded as with the possibility of larger contributions ahead.
Enforcement: Violations of the ordinance would be a class 3 misdemeanor enforceable in Edmonds
Municipal Court. Violations would be detected from contribution reports filed with the state Public
Disclosure Commission.
Exhibit 2
Memo from Council President Bernheim
Proposed Ordinance
3 pages
Packet Page 129 of 132
2
ORDINANCE NO. ___
AN ORDINANCE OF THE CITY OF EDMONDS RELATING TO
LIMITATIONS ON CONTRIBUTIONS FOR CITY COUNCIL CAMPAIGNS
AND CREATING A NEW CHAPTER 1.99 OF THE EDMONDS MUNICIPAL
CODE.
A new Chapter 1.99, "Limits on Campaign Contributions," is hereby added
to Title 1 of the Edmonds Municipal code, to read as follows:
Chapter 1.99 LIMITS ON CAMPAIGN CONTRIBUTIONS
1.99.010 Definitions.
For purposes of this chapter, the definitions found in RCW 42.17.020
as currently enacted or as hereafter amended or recodified and
interpretations thereof published in Title 390-05 WAC are hereby adopted
by reference, except that:
(a) "Election cycle" means the combination of the general or
special election and the primary election for the office in question and
begins on the date an individual becomes a candidate for such office
as defined in subsection (e) below and ends on the date that
candidate files his or her final report pursuant to RCW 42.17.080(2).
(b) To "accept" or "receive" a contribution means the receipt of a
contribution, deposit of funds with other campaign funds, and report
of the contribution to the Public Disclosure Commission, except when a
candidate returns the contribution to the contributor within five business
days of the date on which it is received by the candidate or political
committee.
(c) "Person" includes an individual, partnership, joint venture, public or
private corporation, association, federal, state, or local governmental entity
or agency however constituted, candidate,
committee, political committee, political party, executive committee
thereof, or any other organization or group of persons, however
organized.
(d) "Public Disclosure Commission" means the Washington State
Public Disclosure Commission, established under RCW 42.17.350, or its
successor.
Packet Page 130 of 132
3
(e) "Candidate" is defined in RCW 42.17.020.
1.99.020 Application.
These limits shall apply to candidates in any election for the Edmonds City
Council or for Mayor of the City of Edmonds.
1.99.030 Contribution limits.
(a) No candidate shall accept or receive during the election cycle,
campaign contributions totaling more than $750.00 from any person.
(b) The limitations in this section shall apply to all contributions except: (1)
a candidate's contributions of his/her own resources to his/her own
campaign; (2) the value of volunteer services; or (3) publicly donated funds
under provisions authorizing public funding of local campaigns.
1.99.050 Enforcement.
Any violation of this Act shall be a class 3 misdemeanor and shall be
enforceable by the Police Department of the City of Edmonds and any
proceedings to enforce such Ordinance shall be brought in the municipal
court of the city of Edmonds.
Packet Page 131 of 132
Chase, Sandy
From: Stephen A. Bernheim [steve@stevebernheim.com]
Sent: Friday, January 22, 2010 11:35 AM
To: Chase, Sandy
Subject: Fw: campaign contribution limits and Supreme Court
1/22/2010
sandy, is it too late to include the below message with today's agenda packet on the campaign contribution limit
proposal ?
bernheim.
----- Original Message -----
From: Stephen A. Bernheim
To: Jana Spellman ; DJ Wilson ; Michael Plunkett ; Dave Orvis ; Strom Peterson ; Adrienne Fraley-Monillas
Cc: Gary Haakenson ; Jana Spellman ; W. Scott Snyder
Sent: Friday, January 22, 2010 11:34 AM
Subject: campaign contribution limits and Supreme Court
Hi!
In case anyone was asking, "How does yesterday's Citizens United Supreme Court case affect Bernheim's
proposed campaign contribution limit ordinance?" the answer is "not at all."
In Citizens United yesterday, the Supreme Court said federal prohibitions on independent, corporate election-
related activities and expenditures violate constitutional rights to free speech . The court struck down the federal
law because it restricted speech based on the identity of the speaker and because it prohibited corporations from
engaging in certain electioneering activities other than making campaign contributions. The case did not involve
contributions to candidates' campaigns, and the Court referred favorably to prior Supreme Court precedent,
Buckley v. Valeo, 424 U.S. 1 (1976) which upheld the constitutionality of limits on direct contributions to
candidates.
My proposal imposes limits only on direct contributions to candidates' campaigns, the limit that was upheld in
Buckley. My proposal is not a speech restriction based on the identity of the speaker or the content of the speech
and does not restrict in any way corporate campaign contributions that would be contrary to Citizens United, nor
does it in any way prohibit independent, non-campaign expenditures by anyone.
If anyone would care to review the decision, let me know and i'll send you the .pdf. You can find it on the web at
www.supremecourtus.gov/opinions/09pdf/08-205.pdf.
Steve Bernheim
Edmonds City Council # 6
http://www.ci.edmonds.wa.us/cp6.stm
512 Bell St.
Edmonds WA 98020
Council Office Hours: after 4:30 p.m.
425-744-3021 (desk/message)
425 712 8418 (fax)
206 240 5344 (cell)
council@stevebernheim.com
Packet Page 132 of 132