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2010.06.01 CC Agenda Packet              AGENDA Edmonds City Council Council Chambers, Public Safety Complex 250 5th Ave. North, Edmonds ______________________________________________________________ JUNE 1, 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-3109 Approval of City Council Meeting Minutes of May 25, 2010.   C. AM-3105 Approval of claim checks #119126 to #119246 dated May 27, 2010 for $511,626.90.   D. AM-3103 Acknowledge receipt of Claims for Damages from Verizon (amount undetermined), and Erin Graafstra ($6,994.26).   3. AM-3100 (5 Minutes) Community Service Announcement - Greater Edmonds Chamber of Commerce / 4th of July Events.   4. AM-3102 (20 Minutes) Mike Doubleday - Washington State Legislative Session Recap.   5. AM-3106 (30 Minutes) Public hearing, followed by action, renewing interim zoning Ordinance No. 3769, which defined Temporary Homeless Shelter and identified zoning districts where temporary homeless shelters are permitted.   6. AM-3107 (20 Minutes) Public hearing, followed by action, renewing Interim Ordinance 3779, amending the provisions of ECDC 20.110.040(F), Monetary Penalties, clarifying the impact of the amendment on existing code enforcement actions.   7. AM-3108 (20 Minutes) Public hearing, followed by action, renewing interim Ordinance 3780, adopting certain procedures with respect to the abandonment, construction and authorization of public projects and street vacations and dedications.   8. AM-3088 (30 Minutes) Public hearing, followed by action, on a proposed Ordinance amending Edmonds Community Development Code Title 19, adopting updated International Building Codes.   9.Audience Comments (3 minute limit per person)* *Regarding matters not listed on the Agenda as Closed Record Review or as Public Hearings.   10. AM-3101 (10 Minutes) Reconsideration of funding source for Climate Solutions New Energy Cities.   Packet Page 1 of 196   11. (5 Minutes)Mayor's Comments   12. (15 Minutes)Council Comments   ADJOURN   Packet Page 2 of 196 AM-3109 2.B. Approve 05-25-10 City Council Minutes Edmonds City Council Meeting Date:06/01/2010 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 May 25, 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: 05-25-10 Draft City Council Minutes Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 05/27/2010 12:10 PM APRV 2 Mayor Gary Haakenson 05/27/2010 12:14 PM APRV 3 Final Approval Sandy Chase 05/28/2010 08:27 AM APRV Form Started By: Sandy Chase  Started On: 05/27/2010 12:08 PM Final Approval Date: 05/28/2010 Packet Page 3 of 196 Edmonds City Council Draft Minutes May 25, 2010 Page 1 EDMONDS CITY COUNCIL DRAFT MINUTES May 25, 2010 At 5:30 p.m., Mayor Haakenson announced that the City Council would meet in executive session regarding pending litigation. He stated that the executive session was scheduled to last approximately 90 minutes and would be held in the Police Training Room, located in the Public Safety Complex. Elected officials present at the executive session were: Mayor Haakenson, and Councilmembers Plunkett, Fraley-Monillas, Buckshnis, Peterson and Wilson. Others present were Attorney Grant Weed, Attorney Stephanie Croll, and City Clerk Sandy Chase. The executive session concluded at 6:46 p.m. The regular City Council meeting was called to order at 7:00 p.m. by Mayor Haakenson in the Council Chambers, 250 5th Avenue North, Edmonds. The meeting was opened with the flag salute. ELECTED OFFICIALS PRESENT Gary Haakenson, Mayor Strom Peterson, Council President Pro Tem D. J. Wilson, Councilmember Michael Plunkett, Councilmember Dave Orvis, Councilmember Adrienne Fraley-Monillas, Councilmember Diane Buckshnis, Councilmember ELECTED OFFICIALS ABSENT Steve Bernheim, Council President ALSO PRESENT Graham Marmion, Student Representative STAFF PRESENT Jim Lawless, Assistant Police Chief John Westfall, Fire Marshal Debi Humann, Human Resources Director Sandy Chase, City Clerk Jana Spellman, Senior Executive Council Asst. Jeannie Dines, Recorder 1. APPROVAL OF AGENDA COUNCILMEMBER PLUNKETT MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO APPROVE THE AGENDA IN CONTENT AND ORDER. MOTION CARRIED UNANIMOUSLY. 2. CONSENT AGENDA ITEMS COUNCILMEMBER WILSON 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 MAY 18, 2010. Packet Page 4 of 196 Edmonds City Council Draft Minutes May 25, 2010 Page 2 C. APPROVAL OF CLAIM CHECKS #118986 TO #119125 DATED MAY 20, 2010 FOR $532,678.53. APPROVAL OF PAYROLL DIRECT DEPOSIT AND CHECKS #49268 THROUGH #49309 FOR THE PAY PERIOD OF APRIL 15 - APRIL 30, 2010 FOR $645,555.20. APPROVAL OF PAYROLL DIRECT DEPOSIT AND CHECKS #49310 THROUGH #49358 FOR THE PAY PERIOD OF MAY 1 - MAY 15, 2010 FOR $623,745.94. D. RESOLUTION NO. 1231 - THANKING COUNCILMEMBER DAVE ORVIS FOR HIS SERVICE. E. ORDINANCE NO. 3793 OF THE CITY OF EDMONDS, WASHINGTON, REPEALING ORDINANCE NO. 3592, ADOPTING A BIENNIAL BUDGET PROCESS, AUTHORIZING REVERSION TO THE PROVISIONS OF CHAPTER 35A.33 RCW WITH RESPECT TO THE PREPARATION OF A BUDGET FOR FISCAL YEAR 2011, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. 3. PRESENTATION OF RESOLUTION AND PLAQUE TO COUNCILMEMBER DAVE ORVIS. Council President Pro Tem Peterson read a resolution thanking Councilmember Orvis for his service on the City Council from January 2000 through May 31, 2010 and wishing him success in his and his family’s future. He presented Councilmember Orvis a plaque in recognition of his service. Councilmember Plunkett commented he first met Councilmember Orvis when he was a resident making comment to the Council regarding his interest in keeping property taxes at or below the rate of inflation, which he succeeded in doing as a Councilmember. He envied Councilmember Orvis’ elevation to the role of citizen. He recalled Councilmember Orvis’ efforts to prohibit casinos in Edmonds, explaining at one time casinos were allowed in any commercial zone and a casino owner had expressed interest in locating a casino at the site of the Antique Mall. Councilmember Orvis and others collected 5,000 signatures on a petition and submitted the petition to the Council. The Council subsequently approved a ban on casinos in Edmonds. Councilmember Plunkett recalled Meadowdale residents’ interest in a walkway on 76th and Councilmember Orvis’ efforts that made that a reality via grant funds to connect a walkway to the park above Haines Wharf. He cited Councilmember Orvis’ efforts to preserve the charm and character of Edmonds, noting he was easy to work with and never took personal umbrage or personal shots at other Councilmembers. He wished Councilmember Orvis well in his future endeavors and thanked him for his service. Councilmember Fraley-Monillas expressed her admiration for Councilmember Orvis’ work on the Council. Although the quietest and most unemotional member of the Council, she recognized him for thinking through things before speaking, a model she hoped to emulate. She cited the importance of his work with the Snohomish Health District, particularly his tenacity and consistency. She admired his decision to resign to focus on his family. Councilmember Buckshnis wished Councilmember Orvis good luck. Councilmember Wilson commented whenever Councilmember Orvis spoke, he was sincere and well informed. He recalled the first time Councilmember Orvis and he met was in 2001 when they discussed Brightwater and how to obtain more funding for park acquisition and sidewalk construction. He recognized Councilmember Orvis’ steadfastness, commenting although they sometimes disagreed, he would miss Councilmember Orvis on the Council. Packet Page 5 of 196 Edmonds City Council Draft Minutes May 25, 2010 Page 3 Council President Pro Tem Peterson commented although Councilmember Orvis and he had an exciting campaign, he knew once he was appointed to the Council, that that was behind them. Although they have disagreed on occasion, he respected his opinion, recognizing that it was well thought out and sincere. He was especially impressed with his work with the Snohomish Health District, noting the importance of helping those less fortunate. Mayor Haakenson expressed his appreciation for Councilmember Orvis’ service. He commented that Councilmember Orvis’ decision to resign to focus on his family illustrated his priorities were in the right place. Councilmember Orvis recalled when Council President Pro Tem Peterson was appointed, he was quoted as saying an appointment was the political equivalent of marrying your sister, noting his resignation was creating an appointment situation. He explained his decision to resign was to spend more time with his family as he could no longer meet both responsibilities. Councilmember Orvis referred to Edmonds’ historic small town charm, commenting since he has been on the Council, the citizens and the Council have banned gambling, bought Marina Beach Park, built the Edmonds Center for the Arts, constructed numerous sidewalk and pathway projects, rebuilt 220th, and said no to taller buildings. He hoped the community and the Council would continue to say no to taller buildings especially on the waterfront. Councilmember Orvis cited New Haven, Connecticut as an example of a city that decided eliminating historic structures would be good for economic development. An activist, Suzette Kilo, lost her Supreme Court case to prevent the city’s use of eminent domain to purchase and demolish her historic home and replace it with a new building. Unfortunately, the ultimate result was the destruction of a historic area of the city and an empty lot due to New Haven’s inability to finance the new buildings. He urged the Council to retain the historic small town charm, views and open space in Edmonds, noting Edmonds’ strength was its small town charm, its waterfront, its commitment to the arts, not taller buildings. Edmonds economic future depends on preserving its small town charm and he anticipated in future elections Councilmembers would be evaluated on their ability to preserve its small town charm. Councilmember Orvis thanked Senior Executive Council Assistant Jana Spellman, City Clerk Sandy Chase and all City staff; the Council and Mayor; the people of Edmonds who elected him and gave him the honor of serving on the Council for the past ten years; and his wife, Martha, for her support during his ten years on the Council. 4. RECEPTION IN HONOR OF COUNCILMEMBER DAVE ORVIS. At 7:22 p.m., Mayor Haakenson recessed the Council to a reception in honor Councilmember Orvis. The meeting was reconvened at 7:35 p.m. Councilmember Orvis left the meeting at the conclusion of the reception. 5. 2010 RECOMMENDATION FROM THE CITIZENS' COMMISSION ON COMPENSATION OF ELECTED OFFICIALS. Mayor Haakenson left the dais during discussion of this item. Council President Pro Tem Peterson thanked the Commission for their work. Packet Page 6 of 196 Edmonds City Council Draft Minutes May 25, 2010 Page 4 Deb Anderson, Chair, Citizens’ Commission on Compensation of Elected Officials, introduced the members of the Commission: Lisa Gallucci, Janice Flaagan, Alan Doman, Anne Ball, Dilys Rosales, and Norma Middleton. She explained the Commission was established in 1999 and is composed of 7 members. The Commission meets every even year and their recommendations are to be filed with the City Clerk by the first Monday in May. The Commission task is to review elected officials’ compensation (Council, Mayor and Municipal Court Judge) and recommend adjustments so that citizens of the highest quality may be attracted to public service. Any approved compensation changes for Councilmembers will become effective with the new Council terms beginning January 1, 2012. The compensation of the Mayor and Judge may be altered during their term. Historically, compensation for City employees per the Council’s Non-Represented Compensation Policy has been determined by comparing acceptable cities by population in Pierce, King and Snohomish Counties. The Citizens’ Commission used seven cities above and below Edmonds by population; cities above are Kirkland, Redmond, Shoreline, Lakewood, Auburn, Renton and Kent, cities below are Sammamish, Puyallup, Marysville, Lynnwood, Bothell, University Place and Burien. The Commission used the following comparable data in their review of Mayor and Council compensation: • City population • Form of government • Position, responsibilities and scope of work • Edmonds historical compensation information • Current compensation and benefits • FTEs By population, out of the 14 comparable cities, Edmonds ranked 8 by population. By FTE, Edmonds ranks 11th out of the 14 comparable cities, below the median. She noted the Commission determined FTE was relevant as it provided insight into various cities’ workloads and could increase demand on the position of Mayor. She pointed out Sammamish, Burien, and University Place have lower FTE because they contract out most city work. Ms. Anderson explained the Council adopted the Non-Represented Compensation Policy which strives to maintain equity in pay for all employees, offers competitive salaries to attract high level applicants, offers internal equity to foster long term retention of valuable employees and rewards meritorious job performance for deserving individuals. The Policy is based on maintaining salary ranges at the median when compared to cities of similar size in King, Pierce and Snohomish Counties. This Policy has been in place for approximately ten years. With regard to the Mayor’s compensation, she explained when the Commission made their recommendation in 2008, the compensation level for the position of Mayor was at the 39th percentile, well below the median. In 2010, the compensation level has slipped farther behind and is currently at the 36th percentile. When compared to the 14 cities, the position of Mayor in Edmonds ranked second to last or 13th. Edmonds City Code 10.80 states that the Commission’s mandate is to review compensation for elected officials to ensure that the citizens of the highest quality are attracted to public service. The proposed increases recognize that the current Mayor’s compensation is significantly below similar jurisdictions in both salary and benefits. In addition to more generous salary structures, many of the comparable cities also provide either a deferred compensation benefit or car allowance or both. Ms. Anderson provided a chart illustrating the Mayor’s salary 1988 – 2010, noting the level of compensation had not changed since 2008. She explained in 2008 the Commission recommended the following: • Increasing the Mayor’s salary by 3.5% effective July 1, 2008, increasing the salary to $104,963 Packet Page 7 of 196 Edmonds City Council Draft Minutes May 25, 2010 Page 5 • A 3.5% increase effective July 1, 2009 increasing the salary to $108,637 • Add a monthly $400 deferred compensation contribution in addition to the base rate, increasing the Mayor’s salary by $4800/year. The 2008 Commission felt the increases were warranted and conservative based on the position’s 2008 ranking at the 39th percentile. In lieu of the 2008 Commission’s recommendation, the Council proposed and approved the following: • Increase the compensation of the Mayor by $983/month to an annual salary of $113,210 effective July 1, 2008 (Ordinance No. 3685) • Effective July 1, 2009, increase the compensation of Mayor to $125,000, a 10.4% increase • The July 1, 2009 increase was later delayed to January 1, 2011 (Ordinance No. 3733) The 2010 Commission recommends the following compensation for the position of Mayor: • Ordinance No. 3733 adopted by Council on May 20, 2008 move forward with a July 1, 2010 modified implementation date. This action will increase compensation for the position of Mayor to $125,000, moving the compensation to the 40th percentile which is still well below the median. • A market rate adjustment of 2% effective January 1, 2011 • A market rate adjustment of 2% effective January 1, 2012 The market adjustments are warranted as the salary for the position of Mayor is still well below the 50th percentile. With regard to Council salaries, Ms. Anderson displayed a chart of Council salaries 1988 – 2010, pointing out Council salaries had not changed since 2002. She noted in addition to the base rate, each Councilmember earns $50 per meeting per month up to maximum of 8 meetings per month or an additional $400/month as well as benefits. When the Commission made their recommendation in 2008, the compensation level for Councilmembers was 52%, slightly above the median. In 2010, the compensation level has moved to the median at the 50th percentile. When compared to the 14 cities, Council positions in Edmonds ranked 7th, the median. Because Council positions are paid at the median, the Commission recommends no compensation change for 2010 and 2011. With regard to the Municipal Court Judge, Ms. Anderson explained in 2006 the Council required the position of Edmonds Municipal Court Judge become an elected position which brought it under the scope of the Citizens’ Commission on Compensation for Elected Officials. Establishing the position as an elected position qualified the City to receive reimbursement from State court improvement account funds. As an incentive to attract quality Municipal Court Judges, cities were given an opportunity to receive funds if they paid judges at least 95% of the salary set for District Court Judges. The Edmonds Municipal Court Judge position is currently part time, 0.55 FTE, and the Commission recommends the following: • Maintain compensation at 95% of the salary of District Court Judge • No increase in 2010 in accordance with State Salary Commission • If necessary during 2011, increase compensation to maintain 95% requirement Ms. Anderson concluded that while the Commission was well aware of the current economic climate and how the economy has specifically affected the City of Edmonds, the Commission took the scope of their work from the Edmonds City Code which states it is the policy of the city of Edmonds to base the compensation of elected officials on realistic standards so that elected officials of the City may be compensated according to the duties of their office and so that citizens of the highest quality may be Packet Page 8 of 196 Edmonds City Council Draft Minutes May 25, 2010 Page 6 attracted to service. While the commission feels their recommendations are reasonable based on market analysis, it was outside the Commission’s scope to determine the budgetary constraints toward implementing their recommendations. The Commission respectfully acknowledged that budget implementation was the City Council’s function; however, the Commission implores the Council to take their recommendations seriously. Councilmember Buckshnis commented the Commission did not differentiate between City Manager and Mayor. Ms. Anderson stated their analysis looked at the City Manager and the Mayor together because in Edmonds’ the position of Mayor functions as both the City Manager and Mayor. Councilmember Buckshnis observed the Commission equated them as one in the same, however, a City Manager reports to the City Council and has many more reporting requirements. Ms. Anderson responded they were considered the same in the Commission’s analysis. Councilmember Buckshnis pointed out Shoreline, who has a City Manager, has a FTE of 143. She questioned whether their FTE was lower because a City Manager was more efficient. Councilmember Wilson responded Shoreline did not have their own Fire Department, Police Department or Sewer Department. Councilmember Buckshnis concluded Shoreline was not really comparable to Edmonds. She asked if the Commission compared like cities with regard to job responsibilities. Ms. Anderson responded the Commission compared like cities based on population, form of government, position responsibilities and scope of work, historical compensation information, current compensation and benefits, and FTE. Councilmember Buckshnis asked the median salary of an Edmonds’ resident. Ms. Anderson responded an individual citizens’ salary was not relative to the Commission’s scope of work. Councilmember Buckshnis asked why cities in closer proximity to Edmonds were not used in the comparison such as Mukilteo, Everett, Mountlake Terrace, and Kingston. Ms. Anderson explained the Commission used the Council approved Non-Represented Compensation Policy to determine the comparison cities by population in Pierce, King and Snohomish Counties. Councilmember Fraley-Monillas observed the Commission provided information regarding how Edmonds ranked with the other 14 cities by population and FTE. The Commission referenced how the Mayor’s salary ranked with the other 14 cities but the Mayor’s/City Manager’s compensation in the other 14 cities was not provided. Ms. Anderson referred to a list of the Mayor’s compensation in the 14 cities, citing for example the salary of Kent’s City Manager was $13,487/month and Lakewood’s was $12,380/month. Councilmember Fraley-Monillas suggested it would be helpful for the Council to have the population, FTE and Mayor’s salary comparison with other cities. Human Resources Director Deb Humann responded the Commission discussed providing the Council all the data considered and decided it was the Commission’s responsibility to provide a recommendation based on the data and did not provide all the data used in making their recommendation. It could be provided if the Council desired. Councilmember Fraley-Monillas suggested a list of the Mayor’s/City Manager’s compensation of the 14 other cities would be helpful to compare it to the number of staff supervised and city population. Councilmember Wilson asked the deadline for the Commission to provide their recommendation. Ms. Humann responded the deadline per City Code was for the Commission to submit their recommendation by the first Monday which was accomplished. Councilmember Wilson asked whether the Commission could do additional research if the Council requested. Ms. Humann answered it was not precluded by code but had not been done in the past. She offered to provide the Council additional information. With regard to the selection of comparable cities, Councilmember Wilson referenced the City’s policy of paying at the 50th percentile and asked whether the Council adopted the list of comparable cities. Ms. Packet Page 9 of 196 Edmonds City Council Draft Minutes May 25, 2010 Page 7 Humann responded the policy states comparable cities in Pierce, King and Snohomish County that are directly above and below by population. When she conducts the salary survey for City staff, she uses nine cities including Edmonds, four above and four below. Councilmember Wilson asked whether it was appropriate to revisit that policy in light of the differences in governmental structure between cities. Ms. Humann answered how compensation was determined varied by city; some incorporate salaries of private partnerships with the City, others use a percentage of other cities’ compensation, etc. Councilmember Wilson suggested it may be appropriate in the future to do an “apples to apples” comparison as much as possible. He understood the logic of comparing a strong Mayor to a City Manager observing that method had a fundamental flaw. He preferred to compare Edmonds’ Mayor to other strong Mayors even if the cities were not the four above and below with regard to population. He recognized the similarities between a strong Mayor and a City Manager but anticipated a City Manager was a different job and a different level of compensation than a strong Mayor. He suggested staff remind the Council of this issue prior to the Citizens’ Commission on Compensation of Elected Officials beginning their work. Council President Pro Tem Peterson asked if the cost of living in different cities was considered, noting the cost of living in Kirkland was different than Burien. Ms. Humann responded that was not considered. Councilmember Fraley-Monillas asked whether compensation provided by State or County was considered. Ms. Humann answered County and Fire District salaries were considered in Fire Department comparables. She anticipated King County and other jurisdictions’ salaries would be considered in the salary survey for the Police negotiations because when staff leaves, they usually are hired by those agencies. She concluded State and County salaries were not considered in the Non-Represented Salary Policy. Councilmember Fraley-Monillas asked whether State or County salaries were considered in comparing compensation for positions such as Parks & Recreation. Ms. Humann answered no; there was adequate information available from other cities for Teamster and SEIU employees. Ms. Humann asked what additional information the Council wished her to provide. Councilmember Fraley-Monillas requested the annual salary of the Mayor or City Manager for the comparable cities and an indication whether the city had a strong Mayor or City Manager. Ms. Anderson explained the Commission only compared base salary because the compensation package such as deferred compensation, benefits, etc. varied widely between cities. Councilmember Wilson commented it was appropriate to request that information if there were at least four Councilmembers interested in increasing the Mayor’s salary. He did not support the Commission’s recommendation to increase the Mayor’s salary and proposed repealing the ordinance that deferred the Mayor’s increase to July 1, 2011. Councilmember Fraley-Monillas advised she would like to have the information she requested. Councilmember Buckshnis commented salaries were part of the information the proposed levy committee would be reviewing. She did not support an increase in the Mayor’s salary. Councilmember Wilson explained when the Council discussed increasing the Mayor’s salary in 2008, he supported the increase, recalling Councilmember Wambolt made a very compelling case for the increase at that time. The Mayor’s $113,000 salary is an appropriate level. When the economy fell off a cliff in September 2008, the Council passed an ordinance to postpone the second increase. He suggested the Council direct staff to return with a repeal of Ordinance 3733 that had postponed the Mayor’s salary increase from $113,000 to $125,000. When the economy improved, the Council could revisit the Mayor’s compensation. Packet Page 10 of 196 Edmonds City Council Draft Minutes May 25, 2010 Page 8 COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER PLUNKETT, THAT THE COUNCIL RESOLVE TO DIRECT STAFF TO PREPARE A REPEAL OF ORDINANCE NO. 3733, THE ORDINANCE THAT DEFERRED THE MAYOR’S SECOND PAY RAISE TO $125,000 AND BRING IT BACK FOR COUNCIL CONSIDERATION. Councilmember Wilson acknowledged the questions regarding comparing the salary of a City Manager to a strong Mayor were valid He appreciated Ms. Anderson’s comment that it was the Council’s responsibility to consider the budgetary pressures. If the Council planned to ask the voters to approve a levy, it was important to avoid large salary increases. He envisioned providing a pay raise to a City Manager in order to retain him/her; however, as a political figure, it was a symbolic gesture to ask the Mayor to forego a future pay increase. He concluded in this economic climate and the potential for a levy, it was prudent to forego a pay increase for the Mayor. Council President Pro Tem Peterson understood Councilmember Wilson point and the difficulty of the politics and symbolism. Conversely, the Commission’s work indicates the difficulty of an apples to apples comparison. He pointed out the importance of attracting quality people to the Mayor’s position, noting although the Mayor’s position was political, it required a great deal of work. He noted Edmonds’ 205 FTE with a population of 40,000 compared to Lynnwood’s 455 FTE with a population of 35,000, questioning which manager had the more difficult job; the manager managing more people or the manager managing fewer people doing more work. He agreed with the Commission’s recommendation and did not support the motion. MOTION CARRIED (4-1), COUNCIL PRESIDENT PRO TEM PETERSON VOTING NO. COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCIL PRESIDENT PRO TEM PETERSON, TO ACCEPT THE RECOMMENDATION OF THE CITIZENS’ COMMISSION ON COMPENSATION OF ELECTED OFFICIALS REGARDING THE MUNICIPAL COURT JUDGE. Councilmember Plunkett asked why this action was necessary. Ms. Humann explained the Council never passed an ordinance establishing the Judge’s compensation at 95% of the salary of a District Court Judge; a dollar amount representing the Judge’s salary had been incorporated in the annual salary ordinance. Councilmember Wilson asked how Snohomish County District Court Judge’s salaries were established. Ms. Humann answered the amount was set by the State Citizens’ Commission on Compensation of Elected Officials. She explained in order to qualify for court improvement account funds from the State, the Municipal Court Judge’s salary must be maintained at 95% of a District Court Judge’s salary. MOTION CARRIED UNANIMOUSLY. 6. AUDIENCE COMMENTS Ron Wambolt, Edmonds, referred to email communication with Councilmember Buckshnis prompted by a levy proposal he sent to Councilmember on May 11. He qualified his proposal with three assumptions, 1) approximately $600,000 in Fire District 1 receipts would be returned to the General Fund, 2) pay increases for 2011 and 2012 be limited to 2.5% versus the 3.5% in the forecast, and 3) the ending balance for each year would be no lower than $3 million. Councilmember Buckshnis disagreed with his assumptions, stating that was how misinformation got disseminated. He acknowledged Councilmember Buckshnis’ right to disagree with his assumptions, however, in the context they were provided, they were not misinformation. In a series of emails that followed, that was the last reference to the levy proposal and Councilmember Buckshnis proceeded to criticize him for other alleged failings including why he had not audited the Fire District 1 numbers and that if he had listened to her and others, Packet Page 11 of 196 Edmonds City Council Draft Minutes May 25, 2010 Page 9 it may have been possible to save the City $1 – $1½ million. Councilmember Buckshnis arrived at that conclusion via a flawed analysis by totaling expenses that included compensation and not other expenses incurred by Fire District 1. He suggested if Councilmember Buckshnis audited Fire District 1 costs, she would find the contract with Fire District 1 was a bargain for Edmonds. Next, he disagreed with Councilmember Buckshnis’ assertion that $400,000 was removed from the REET fund, commenting she did not understand the 2009 REET statement. Finally she insulted him with a statement that it was no wonder he did not get past the primary and speculated he had a problem with intelligent women. He quoted from an email by Councilmember Fraley-Monillas, “do not waste your time Diane with him, he still thinks he is on Council as evident by attending every event and meeting possible...you need to consider his age and his need to remain involved no matter if he is correct or not. Kind of sad.” Mr. Wambolt invited the public to email him at RRWambolt@msn.com to read the emails. Al Rutledge, Edmonds, reported today’s Lake Ballinger Forum meeting was cancelled. The next meeting is scheduled for June 22 at 2:00 p.m. in Mountlake Terrace. Next, he reported 32%-35% of Edmonds residents were seniors. The City needs to provide services for both seniors and the younger generation. Don Hall, Edmonds, referred to Agenda Item 7, Formation of a Levy Committee, commenting the Council had already formed a levy committee, the 60+ member Levy Review Committee that met last year. The discussion regarding the levy was simply a continuation of those people’s thoughts. He acknowledged that although the numbers may have changed, he doubted the conclusion had changed –the City needs a levy. The elected Councilmembers were the bottom line and needed to make the decision regarding a levy. There was not enough time to form committees, gather information and report to the Council. He supported Councilmember Wilson’s suggestion for the Council to meet every Thursday and to involve the public during those meetings. He urged the Council to get on with it and do what they had to do to get a levy passed. Ray Martin, Edmonds, asked whether the increase in the Mayor’s salary had been resolved. He was informed the Council had not approved a salary increase for the Council or Mayor. He commended Councilmember Orvis, a fine gentleman, an honest, straight shooter with a personal code of honor who was true to himself. He was saddened to learn Councilmember Orvis had been accused of assaulting his son and was insulted when he learned Mayor Haakenson and Councilmember Wilson had recommended he resign. He noted Councilmember Orvis was subsequently acquitted of the charges. Roger Hertrich, Edmonds, echoed Mr. Martin’s concern with Mayor Haakenson and Councilmember Wilson’s request that Councilmember Orvis resign. Next, he referred to his comments at that May 18 Council meeting that building permits were down 58% and plan check fees were down 42%, noting the meeting minutes did not reflect his comment that the number of employees had not been reduced correspondingly. With regard to the Mayor’s salary, he recommended the Council reconsider the method used to compare the Mayor’s salaries, suggesting neighboring cities such as Mukilteo, Everett and Mountlake Terrace be used and that the type of revenue each city collected be considered such as sales tax versus property tax. He suggested the Council instruct staff to develop a new policy for comparing salaries. He anticipated the employees who took furloughs during the last year would not appreciate the Mayor receiving a pay increase. 7. CONTINUED DISCUSSION AND POTENTIAL ACTION ON THE FORMATION OF A LEVY COMMITTEE. Councilmember Plunkett explained this was a continued discussion from last week regarding the formation of a 7-member levy committee comprised of a member appointed by each Councilmember. He explained Mayor Haakenson would be presenting a very bare-boned budget in October, a budget that did Packet Page 12 of 196 Edmonds City Council Draft Minutes May 25, 2010 Page 10 not assume a levy increase. The Finance Committee proposes the levy committee consider the following, 1) augmentation of the General Fund, 2) capital targets of opportunity, 3) take public comment, and 4) receive additional direction from the Council as information is developed and presented to the levy committee. The intent would be a levy in February 2011 with the outside possibility of a levy in November 2010. He explained Councilmembers were welcome to meet with the committee. He supported the Finance Committee’s original recommendation, to form a 7-member levy committee. COUNCILMEMBER PLUNKETT MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, THAT STAFF MAKE THE ANNOUNCEMENT THAT THE COUNCIL IS FORMING A LEVY COMMITTEE MADE UP OF SEVEN PEOPLE, EACH CHOSEN BY ONE COUNCILMEMBER. Councilmember Buckshnis reported she watched last week’s meeting on television and wanted to respond to the issues raised by Councilmember Wilson. She pointed out Consent Agenda Item E changed the budget from a two-year budget to a one-year budget. In an effort to compare and contrast the proposed levy committee to last year’s 60+ member levy review committee, she acknowledged the hours Councilmember Wilson spent organizing information that was presented to the committee. She remarked whenever there was a revenue issue, there was a corresponding expense issue; because revenues have declined, expenses must also be reduced. She envisioned this levy committee as a citizen-friendly committee similar to the committee used by Redmond and Portland, Oregon. She envisioned questions such as were raised last week about the attorney’s fees could be investigated by this committee. Rather than a tour of the City’s operations that was provided to last year’s levy review committee, she envisioned this committee would be interactive and educate citizens and look at salaries of non-union employees compared to cities close to Edmonds and cities with a similar tax structure. The levy committee would consider the future of Yost Pool and the Senior Center. She concluded the committee needed to consider a variety of issues and it was necessary to take time to investigate revenues and expenses. She commented the committee could be more than 7 people if others wanted to help, comparing it to the Economic Development Committee that had 17 members who met in subcommittees. Councilmember Wilson commented the model used for last year’s levy review committee was a model used by other cities such as Lake Forest Park. He cautioned the Council not to underestimate the amount of time a levy committee takes, noting someone needed to be responsible for guiding the conversation. A levy committee would require some structure and whoever led the committee needed to be willing to put in the time. He did not support the motion, reiterating the Council was the committee and it was the Council’s responsibility to make the decisions. If the Council needed additional information, it was their responsibility to ask for it, not the citizens, particularly when no structure had been established for obtaining information. He recalled an ordinance was passed to form both last year’s levy review committee and the Economic Development Committee, thereby establishing a clear structure. Councilmember Wilson pointed out of the items Councilmembers Plunkett and Buckshnis identified for the levy committee to discuss, none of them solved the revenue problem. He agreed discussing Yost Pool and the Senior Center were important; however, it did not address the operational shortfall. Although it was worthwhile to discuss changing the salary compensation policy, it did not address the operational shortfall. He agreed with taking public comment, noting that also did not address the operational shortfall. He summarized none of the rationales identified for forming the levy committee addressed the operational shortfall. He agreed with increased transparency, better reporting of financial data, and forecasting best case/worst case scenario, however, none of that addressed the operational shortfall. If the intent was a levy committee, Council President Pro Tem Peterson questioned why the committee would be discussing salaries and overtime, noting those were topics more appropriately discussed by a budget committee. He recalled during last year’s Council retreat, the Council discussed overtime versus salaries and it was discussed as background information by last year’s levy review committee. He agreed Packet Page 13 of 196 Edmonds City Council Draft Minutes May 25, 2010 Page 11 attorneys’ fees and consultants’ fees were important budget discussions but did not relate to a levy. Recognizing that the timeframe for formulating a levy and placing it on the ballot was rapidly shrinking, he was hesitant to add another layer of bureaucracy when the Council itself was an excellent committee to make those decisions. For those reasons as well as the lack of clarity regarding the structure of the levy committee, he did not support the motion. For example, Councilmember Plunkett’s motion stated it would be a seven member committee; Councilmember Buckshnis said the committee could be larger. He acknowledged the need to discuss both revenues and expenses but did not see how talking about salaries and overtime in the Police Department would solve the City’s overarching financial issues. Councilmember Plunkett commented his motion was to establish a committee of seven people. He assumed Councilmember Buckshnis meant other people could participate; the committee would be seven people. He pointed out one of the purposes of the levy committee was augmenting the General Fund budget which did address the shortfall. He anticipated the budget Mayor Haakenson will present in October would need to be augmented, likely via a levy. He disagreed with Council President Pro Tem Peterson, commenting he had not yet reached the conclusion that a levy was needed. He acknowledged the Council took votes on a levy last year, but in the end he did not support moving forward with a levy. He did not support moving forward with a levy now until labor negotiations had been completed, noting labor was 65-70% of the City’s budget. He questioned how the Council could recommend a budget when 65-70% of the budget was undetermined. He was unable to support a levy until he had an opportunity to review a no levy increase budget and learn what may need to be augmented and until he had a better understanding of future labor costs. In the meantime, the levy committee could review the issues and provide new perspective and new ideas. He acknowledged the ultimate decision with regard to a levy was made by the Council. He did not anticipate a levy committee would adversely affect the process and would in fact provide more information. Councilmember Fraley-Monillas was perplexed by the comment that salaries and overtime were not part of the levy decision-making process. Because salaries were such a major portion of the City’s budget, she did not anticipate being able to formulate a levy until negotiations had been concluded because that process would identify how much money was needed. She envisioned part of the levy committee’s charge would be to determine what to spend money on and what levy monies were needed for. She was perplexed by the comments against forming a levy committee. To Mr. Hall’s comments regarding the previous levy committee, Councilmember Fraley-Monillas pointed out things had changed dramatically since the levy review committee began their work. She recognized that all but one of the levy review committee subcommittees were in favor of a levy. However, the Council chose not to place a levy on the ballot at that time. The situation has now changed again and a levy committee was needed to consider what things could be funded via a levy. She disagreed with those who felt last year’s levy review committee resulted in adequate community input. She concluded there was time for a levy committee to review the issues. She was wary of preparing a levy prior to the completion of labor negotiations, fearing without that information the levy amount could either be too much or too little. She recognized the concern with a levy committee holding up the process, commenting what was delaying the process was the upcoming labor negotiations. Councilmember Buckshnis clarified the reason she wanted the levy committee to discuss staffing and overtime was the City spent $1.2 million in overtime for Police and Fire last year. The 2010 budget includes two new positions in the Police Department. Her goal was to understand whether the overtime was necessary or whether a third person should be hired in the Police Department. She summarized the levy committee would seek answers to these and other questions. She pointed out responses from finance staff has been slower than in the past; for example staff has not responded to a question she asked in March regarding $400,000 in REET that was taken out to bring the forecast in line. She summarized the levy committee was about citizen involvement, understanding the City’s finances and educating citizens. Packet Page 14 of 196 Edmonds City Council Draft Minutes May 25, 2010 Page 12 Council President Pro Tem Peterson agreed with the importance of getting numbers, having a better understanding and having financial information available on the City’s website. He recalled one of the advantages of last year’s 60+ member levy review committee was that it was comprised of volunteers who were not appointed by Councilmembers. One of the disadvantages of each Councilmember appointing a member to the levy committee was the likelihood that the person each Councilmember appointed would support his/her viewpoint. He recognized that labor was a major part of the City’s budget, pointing out the City was basically a service industry and people are necessary to provide those services. He emphasized that even if the Council held every employee to a 0% increase, a levy would still be needed. He envisioned whatever increase was agreed to during labor negotiations would not substantially change the bottom line in a few years. Council President Pro Tem Peterson disagreed with waiting to complete labor negotiations before making a decision regarding a levy, envisioning once labor negotiations were completed, something else would arise. Although he agreed last year to postpone the levy, the Council agreed at that time that a levy was imperative in the near future, a situation that has not changed and if anything, has worsened due to the economic climate. He wanted to formulate a levy as quickly and as transparently as possible and did not support the Council using a levy committee as a filter. Councilmember Wilson commented this was his third year on the Council and he deals with governments extensively in his day job. During his first year on the Council he thought he knew much more than he did. In his third year on Council, he continues to learn that he knows far less than he likes to think he does. When he was first elected, he voted in a manner that reflected his trust in the more senior Councilmembers. Although he sometimes disagreed with Councilmember Plunkett as well as with Mayor Haakenson, he always listened to their viewpoints because they were senior members. With six Councilmembers in their first term, he recommended Councilmembers be better listeners and for Councilmember Plunkett and Mayor Haakenson to provide their viewpoint. He acknowledged sometimes he has had to take votes without complete information and sometimes he did not get answers from staff in a timely manner. He was confident the seven members of a levy committee would not get their questions answered any more quickly than a Councilmember. He beseeched Councilmembers Buckshnis and Fraley-Monillas to work with the Council and for Councilmember Plunkett and Mayor Haakenson to provide leadership. Councilmember Fraley-Monillas commented she was listening to the recommendation made by the senior member of the Council, Councilmember Plunkett. To Council President Pro Tem Peterson’s comment that a levy would still be necessary even if no raises were provided, she questioned how the amount of the levy would be determined. She did not understand the rush, recommending the Council take the time necessary to determine what things should and should not be paid for. For example, there was a problem if the City was spending over $1 million in overtime rather than filling regular positions as it was cheaper to fill regular positions and pay benefits than pay overtime. She summarized it was her responsibility as an elected official to ensure a levy was the right thing for the citizens. She was not willing to approve a levy without adequate information regarding how much money a levy needed to generate and what a levy would fund. Council President Pro Tem Peterson asked whether formal direction would be provided to staff or the committee regarding a report they would provide. Councilmember Plunkett responded initial direction was outlined in last week’s packet. While the committee was being formed in the next 2-3 weeks, he anticipated the Finance Committee in conjunction with the Council could provide direction. Packet Page 15 of 196 Edmonds City Council Draft Minutes May 25, 2010 Page 13 Councilmember Buckshnis referred to her narrative that identified areas the committee would review. She recommended citizens who apply for the levy committee understand financial statements, modified accrual accounting, cash flows and financial modeling if possible and have the ability to conduct research. Councilmember Plunkett advised the Council would approve the direction given to the committee. Council President Pro Tem Peterson asked whether there was a timeframe for the committee to gather information and provide a recommendation. Councilmember Plunkett answered there was not. Mayor Haakenson observed if the motion passed, Senior Executive Council Assistant Jana Spellman would issue a press release announcing the Council was forming a 7-member levy committee, He asked when the Council would appoint the 7 members. Councilmember Plunkett asked how long was typically provided for application to a committee and City Clerk Sandy Chase advised a two week period was usually provided. Councilmember Plunkett clarified the Council was accepting applications for appointment to the levy committee. Councilmember Wilson suggested the qualifications Councilmember Buckshnis cited be included in the motion. Councilmember Plunkett agreed. Councilmember Fraley-Monillas asked if the qualifications were desirable or if it was up to each Councilmember. Councilmember Buckshnis answered it would be up to each Councilmember to make their selection. Mayor Haakenson clarified in two weeks after applications have been submitted, each Councilmember will select one person. Councilmember Wilson inquired about the implementation of the levy committee such as the frequency of their meetings, how they would get their questions answered, how questions from the committee and the Council would be prioritized, whether Ms. Spellman would staff the committee and forward questions to staff, how the committee’s work would be facilitated, etc. Mayor Haakenson acknowledged confusion with the timeline based on comments that a decision would not be made regarding a levy until the budget was presented in October and until labor negotiations were completed which may not be until 2011. He questioned why a levy committee would begin meeting any time soon with those restrictions. Without knowing the structure of the committee or the frequency of their meetings, he anticipated someone would need to take minutes of their meetings, write down the committee’s questions and refer them to staff and staff would do their best to provide answers. Councilmember Buckshnis commented she had obtained a number of financial reports and a great deal of information had been provided via public records requests such as Ms. Bloom’s request regarding the City Attorney expenses. She summarized it was simply a matter of the committee organizing itself and establishing a framework. The sooner the committee met and the more information they disseminated to the public, the better. She did not anticipate placing a levy on the ballot in November 2010. MOTION CARRIED (3-2), COUNCILMEMBERS WILSON AND PETERSON VOTING NO. 8. EDMONDS CITY COUNCIL LETTER OF SUPPORT FOR EDMONDS CENTER FOR THE ARTS. Council President Pro Tem Peterson explained one of the funding sources for the Edmonds Center for the Arts’ (ECA) capital campaign were funds from Snohomish County designated for arts organizations throughout the County and due to the economy, some of those revenues have not been realized. As a Packet Page 16 of 196 Edmonds City Council Draft Minutes May 25, 2010 Page 14 result several arts organizations, including the ECA, are seeking replacement funds. The Snohomish County Lodging Tax Fund has a reserve available and they are in the process of creating an allocation process to distribute those funds to arts organizations and Public Facilities Districts throughout Snohomish County. Council President Pro Tem Peterson requested the Council sign a letter of support to be sent to the Snohomish County Council who will make the ultimate decision regarding allocation of the funds. He read the letter stating the Edmonds City Council’s support of the ECA and the Edmonds Public Facilities District (EPFD) in the upcoming allocation process of the unallocated Snohomish County Lodging Tax funds. The letter cited the ECA’s $3 million contribution to the local economy and South Snohomish County and the ECA’s dependence on the support of patrons and local and County government. The letter urged the Council to support an allocation of the Snohomish County Lodging Tax Fund to the ECA, noting the ECA provided a home for many important Snohomish County arts organizations including the Cascade Symphony Orchestra, Olympic Ballet Theater, Sno-King Community Chorale, and Edmonds Community College and established Edmonds and Snohomish County as a true arts community. COUNCIL PRESIDENT PRO TEM PETERSON MOVED, SECONDED BY COUNCILMEMBER WILSON, THAT THE CITY COUNCIL SIGN THE LETTER. Councilmember Wilson highlighted the statement in the letter that the ECA requires the lodging tax funds from Snohomish County, pointing out the debt on the ECA is guaranteed by the City. Because the ECA does not generate enough to cover operations and debt service, another source needs to be identified. If another source is not identified, the City is responsible for the debt service. He urged the citizens of Edmonds to communicate with their Snohomish County Council representative Mike Cooper and Snohomish County Executive Aaron Reardon to urge them to allocate the lodging tax funds to the ECA. If funds are not allocated to the ECA, the debt service will be part of the budget discussion this fall, approximately $186,000 annually, the equivalent of two police officers. MOTION CARRIED UNANIMOUSLY. 9. COUNCIL REPORTS ON OUTSIDE COMMITTEE/BOARD MEETINGS. Council President Pro Tem Peterson reported the Edmonds Public Facilities District meeting included discussion regarding the above letter. The PFD Board and the Executive Director Joe McIalwain are working diligently to identify funds to cover the capital debt. Despite the economy, the ECA staff, volunteers, and board have done a remarkable job keeping operations in the black; an amazing feat for a performing arts center particularly in this economy. He urged citizens to support the ECA. Councilmember Wilson reported he attended 11 meetings during the last month in his capacity as a Councilmember. He highlighted the Lake Ballinger Forum, advising the Forum is in line for $4.2 million in federal funds for capital improvements and to keep all the jurisdictions involved. The existing Interlocal Agreement will terminate in June and a new Interlocal Agreement will be presented to the Council in June. The Lake Ballinger Forum is a national model and senior leadership from the Department of Ecology (DOE) plan to attend the June meeting so that DOE and Governor Gregoire can promote the model in Washington as well as nationally. With regard to the Parking Committee, Councilmember Plunkett reported Parking Enforcement Officer Debbie Dawson issued 197 violations in March due in part to working nights during March. He cautioned violators that parking enforcement was 24/7. He relayed Councilmember Fraley-Monillas plans to change several items in the Parking Code at the recommendation of Officer Dawson. The Committee Packet Page 17 of 196 Edmonds City Council Draft Minutes May 25, 2010 Page 15 recommended an additional handicapped parking zone south of Dayton on 5th. The Committee has also asked the Municipal Court to research why they dismissed 13 parking violations. Councilmember Buckshnis reported the Friends of the Edmonds Marsh made a report to the Port. With regard to WRIA 8, she commented on efforts to move daylighting of Willow Creek from their ten year plan to their three year plan and to invite the Port to participate in WRIA 8. 10. MAYOR'S COMMENTS Mayor Haakenson invited the public to the Edmonds Memorial Cemetery’s annual Memorial Day event on May 31 at 11:00 a.m. 11. COUNCIL COMMENTS Council President Pro Tem Peterson invited the public to attend the Jazz Connection, presented by the Edmonds Daybreakers Rotary and the ECA, on Saturday, May 29. Councilmember Wilson expressed his appreciation to Councilmember Orvis for his service. Councilmember Wilson commented one of the lessons of the recession was that government needs to reinvent itself and figure out how to provide services differently and more smartly, often referred to as Government 2.0. An example of that is the Fire District 1 contract. The model of focusing services in a municipal corporation like a Fire District that only provides fire services makes sense. Although the City has taken some of those steps, the Council is having difficulty with determining a levy, also part of Government 2.0, making the case to voters regarding a levy every 2-5 years. He suggested over the next 12-18 months consideration be given to forming a Parks District such as Metro Parks Tacoma, a Parks District that explicitly funds parks. He noted the City took a similar action years ago when it reverse annexed the Edmonds Library into the Sno-Isle Library System. The formation of a Parks District would require voter approval of its formation and to elect representatives. With the formation of a Parks District, the City would no longer be responsible for parks and the City’s costs would diminish considerably. As a result the City could lower its costs and possibly lower taxes. Councilmember Wilson also suggested the Council consider reverse annexing into Fire District 1. Currently, citizens do not have an elected voice on Fire District 1 because they do not elect Fire Commissioners; the contract is managed by Mayor Haakenson. He acknowledged fire service in Fire District 1 would cost Edmonds citizens far more via reverse annexation than the current cost of fire service. However, the City could lower its costs without the responsibility for the $6+ million contract with Fire District 1. Fire District 1 is reviewing via allowances in State law how they can establish a graduated cost for service that would allow for example a single family home to have a lower fire rating than a nursing home. He urged the Council to think about ways to restructure government. He suggested citizens peruse the Tacoma Metro Parks and Fire District 1 websites and consider whether direct representation would provide more benefits. Councilmember Plunkett referred to a comment he made a few weeks ago regarding postponing a vote to change the City to a City Manager form of government. He clarified his intent was to move the vote on that change to February 2011 to prevent a change in the form of government in the vortex of at least three important issues. He has requested Council President Bernheim schedule Council direction on the matter on a future agenda. Councilmember Fraley-Monillas commented substantial public records requests have been submitted again over the past week for emails dating back five months or longer, requiring the employment of Packet Page 18 of 196 Edmonds City Council Draft Minutes May 25, 2010 Page 16 additional staff to assist with gathering that information. She planned to propose hiring temporary staff to make all emails available on the City’s website to avoid public records requests for emails. She commented this level of public records requests had never occurred in the past and they are originating from specific individuals. Councilmember Buckshnis reported on her trip to Lithuania where she met with Central Bank representatives. Central Bank did not engage in any derivatives and have not had to close any banks or put money into their banking system. She commented on the tremendous impact the economic downturn has had on tourism. Student Representative Marmion announced the Edmonds-Woodway High School May 26 Art Show that features two local artists and promotes the work of high school art students. 12. ADJOURN With no further business, the Council meeting was adjourned at 9:35 p.m. Packet Page 19 of 196 AM-3105 2.C. Approval of Claim Checks Edmonds City Council Meeting Date:06/01/2010 Submitted By:Lorenzo Hines Time:Consent Department:Finance Type:Action Review Committee: Committee Action:Approved for Consent Agenda Information Subject Title Approval of claim checks #119126 to #119246 dated May 27, 2010 for $511,626.90. Recommendation from Mayor and Staff Approve Previous Council Action N/A Narrative The following City claims are submitted for approval by the City Council in accordance with current law. Fiscal Impact Fiscal Year:2010 Revenue: Expenditure:$511,626.90 Fiscal Impact: Claims: $511,626.90 Attachments Link: Claim cks 5-27-10 Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 05/26/2010 04:32 PM APRV 2 Mayor Gary Haakenson 05/26/2010 04:36 PM APRV 3 Final Approval Sandy Chase 05/26/2010 04:38 PM APRV Form Started By: Lorenzo Hines  Started On: 05/26/2010 04:08 PM Final Approval Date: 05/26/2010 Packet Page 20 of 196 05/26/2010 Voucher List City of Edmonds 1 3:00:23PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 119126 5/27/2010 061029 ABSOLUTE GRAPHIX 510415 POOL T-SHIRTS T-SHIRTS FOR YOST POOL STAFF 001.000.640.575.510.310.00 257.35 9.5% Sales Tax 001.000.640.575.510.310.00 24.45 Total :281.80 119127 5/27/2010 066054 ADIX'S BED & BATH FOR DOGS AND JUNE 2010 ANIMAL BOARDING FOR 6/10 EDMONDS AC ANIMAL BOARDING FOR 06/10 001.000.410.521.700.410.00 2,032.66 Total :2,032.66 119128 5/27/2010 065413 ALPINE TREE SERVICE 2070 MAPLEWOOD PARK TREE CLEANUP CLEAN BROKEN TOPS FROM MAPLE TREE/TRIM 001.000.640.576.800.480.00 225.00 9.5% Sales Tax 001.000.640.576.800.480.00 21.38 PINE RIDGE PARK TREE TOPPING2071 TOPPING OF 2 TREES @ PINE RIDGE PARK 001.000.640.576.800.480.00 175.00 9.5% Sales Tax 001.000.640.576.800.480.00 16.63 CEMETERY TREE REMOVAL2072 TAKE DOWN DEAD LOCUST TREE, HAUL AWAY 130.000.640.536.200.410.00 1,150.00 9.5% Sales Tax 130.000.640.536.200.410.00 109.25 YOST PARK TREE REMOVAL2073 YOST PARK TREE REMOVAL & TRIMMING, 001.000.640.576.800.480.00 1,750.00 9.5% Sales Tax 001.000.640.576.800.480.00 166.25 Total :3,613.51 119129 5/27/2010 069751 ARAMARK 655-4920327 UNIFORM SERVICES 1Page: Packet Page 21 of 196 05/26/2010 Voucher List City of Edmonds 2 3:00:23PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 119129 5/27/2010 (Continued)069751 ARAMARK PARK MAINTENANCE UNIFORM SERVICES 001.000.640.576.800.240.00 41.70 9.5% Sales Tax 001.000.640.576.800.240.00 3.96 Total :45.66 119130 5/27/2010 069751 ARAMARK 655-4920331 21580001 UNFORM SERVICE 411.000.656.538.800.240.00 67.13 9.5% Sales Tax 411.000.656.538.800.240.00 6.38 Total :73.51 119131 5/27/2010 069751 ARAMARK 655-4900911 Street/Storm Uniform Svc Street/Storm Uniform Svc 111.000.653.542.900.240.00 9.69 Street/Storm Uniform Svc 411.000.652.542.900.240.00 9.69 9.5% Sales Tax 111.000.653.542.900.240.00 0.92 9.5% Sales Tax 411.000.652.542.900.240.00 0.92 Fleet Uniform Svc655-4900912 Fleet Uniform Svc 511.000.657.548.680.240.00 6.00 9.5% Sales Tax 511.000.657.548.680.240.00 0.57 PW Mats655-4912845 PW Mats 001.000.650.519.910.410.00 1.01 PW Mats 111.000.653.542.900.410.00 3.84 PW Mats 411.000.652.542.900.410.00 3.84 PW Mats 2Page: Packet Page 22 of 196 05/26/2010 Voucher List City of Edmonds 3 3:00:23PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 119131 5/27/2010 (Continued)069751 ARAMARK 411.000.654.534.800.410.00 3.84 PW Mats 411.000.655.535.800.410.00 3.84 PW Mats 511.000.657.548.680.410.00 3.83 9.5% Sales Tax 001.000.650.519.910.410.00 0.10 9.5% Sales Tax 111.000.653.542.900.410.00 0.37 9.5% Sales Tax 411.000.652.542.900.410.00 0.37 9.5% Sales Tax 411.000.654.534.800.410.00 0.37 9.5% Sales Tax 411.000.655.535.800.410.00 0.37 9.5% Sales Tax 511.000.657.548.680.410.00 0.34 Fleet Uniform Svc655-4912847 Fleet Uniform Svc 511.000.657.548.680.240.00 5.85 9.5% Sales Tax 511.000.657.548.680.240.00 0.56 Fac Maint Uniform Svc655-4920328 Fac Maint Uniform Svc 001.000.651.519.920.240.00 32.17 9.5% Sales Tax 001.000.651.519.920.240.00 3.06 PW Mats655-4924765 PW Mats 001.000.650.519.910.410.00 1.01 PW Mats 111.000.653.542.900.410.00 3.84 PW Mats 411.000.652.542.900.410.00 3.84 3Page: Packet Page 23 of 196 05/26/2010 Voucher List City of Edmonds 4 3:00:23PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 119131 5/27/2010 (Continued)069751 ARAMARK PW Mats 411.000.654.534.800.410.00 3.84 PW Mats 411.000.655.535.800.410.00 3.84 PW Mats 511.000.657.548.680.410.00 3.83 9.5% Sales Tax 511.000.657.548.680.410.00 0.34 9.5% Sales Tax 001.000.650.519.910.410.00 0.10 9.5% Sales Tax 411.000.655.535.800.410.00 0.37 9.5% Sales Tax 111.000.653.542.900.410.00 0.37 9.5% Sales Tax 411.000.652.542.900.410.00 0.37 9.5% Sales Tax 411.000.654.534.800.410.00 0.37 Fleet Uniform Svc655-4924767 Fleet Uniform Svc 511.000.657.548.680.240.00 5.85 9.5% Sales Tax 511.000.657.548.680.240.00 0.56 Total :120.08 119132 5/27/2010 071124 ASSOCIATED PETROLEUM 0074651-IN Fleet Unleaded Gas 7700 Gal Fleet Unleaded Gas 7700 Gal 511.000.657.548.680.340.11 17,599.12 St Excise Tax Gas, WA Oil Spill 511.000.657.548.680.340.11 3,040.73 Diesel 1500 Gal 511.000.657.548.680.340.10 3,430.35 St Excise Tax Diesel, WA Oil Spill 511.000.657.548.680.340.10 592.37 WA St Svc Fees 4Page: Packet Page 24 of 196 05/26/2010 Voucher List City of Edmonds 5 3:00:23PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 119132 5/27/2010 (Continued)071124 ASSOCIATED PETROLEUM 511.000.657.548.680.340.10 40.00 9.5% Sales Tax 511.000.657.548.680.340.10 3.80 Total :24,706.37 119133 5/27/2010 064343 AT&T 7303860502001 425-744-6057 PUBLIC WORKS Public Works Fax Line 001.000.650.519.910.420.00 1.91 Public Works Fax Line 111.000.653.542.900.420.00 7.25 Public Works Fax Line 411.000.654.534.800.420.00 7.25 Public Works Fax Line 411.000.655.535.800.420.00 7.25 Public Works Fax Line 511.000.657.548.680.420.00 7.25 Public Works Fax Line 411.000.652.542.900.420.00 7.23 Total :38.14 119134 5/27/2010 001835 AWARDS SERVICE INC 73880 SOFTBALL AWARDS SOFTBALL AWARDS 001.000.640.575.520.310.00 203.50 9.5% Sales Tax 001.000.640.575.520.310.00 19.34 Total :222.84 119135 5/27/2010 001702 AWC EMPLOY BENEFIT TRUST June JUNE 2010 AWC PREMIUMS 06/10 Fire Pension AWC Premiums 617.000.510.522.200.230.00 4,197.55 06/10 Retirees AWC Premiums 009.000.390.517.370.230.00 27,322.73 06/10 AWC Premiums 811.000.000.231.510.000.00 259,842.74 5Page: Packet Page 25 of 196 05/26/2010 Voucher List City of Edmonds 6 3:00:23PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :291,363.021191355/27/2010 001702 001702 AWC EMPLOY BENEFIT TRUST 119136 5/27/2010 069218 BISHOP, PAUL 282 WEB SITE MAINTENANCE Web site maintenance 001.000.310.518.880.410.00 520.00 Total :520.00 119137 5/27/2010 003075 BNSF RAILWAY COMPANY BNSF Permit 1 E9FB/E0FA.BNSF TEMP OCCUPANCY PERMIT E9FB/E0FA.BNSF Temp Occupancy Permit 412.200.630.594.320.410.00 600.00 Total :600.00 119138 5/27/2010 065739 BOBBY WOLFORD TRUCKING &33301 BRUSHWOOD RECYCLING RECYCLE BRUSHWOOD @ MARINA BEACH 001.000.640.576.800.470.00 26.00 Total :26.00 119139 5/27/2010 066578 BROWN AND CALDWELL 14124482 C-311 C-311 ODOR CONTROL PROJECT 414.000.656.594.320.410.10 6,379.75 Total :6,379.75 119140 5/27/2010 003001 BUILDERS SAND & GRAVEL 290642 CRUSHED CRUSHED ROCK 001.000.640.576.800.310.00 265.00 9.5% Sales Tax 001.000.640.576.800.310.00 25.18 Total :290.18 119141 5/27/2010 072988 BUNTTING INC C198 Retainage Retainage Retainage 116.000.000.223.400.000.00 6,069.83 Total :6,069.83 119142 5/27/2010 071766 CAMPBELL, CONNIE CAMPBELL12670 CHUCKANUT BAY KAYAK TOUR CHUCKANUT BAY KAYAK TOUR #12670 001.000.640.574.200.410.00 124.20 6Page: Packet Page 26 of 196 05/26/2010 Voucher List City of Edmonds 7 3:00:23PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :124.201191425/27/2010 071766 071766 CAMPBELL, CONNIE 119143 5/27/2010 069813 CDW GOVERNMENT INC 1B249PR COMPUTER PARTS Parts for computer in Police Dept 001.000.310.518.880.310.00 603.34 9.5% Sales Tax 001.000.310.518.880.310.00 57.31 Total :660.65 119144 5/27/2010 070144 CEDAR GROVE COMPOSTING INC 210845 TWO-WAY TOPSOIL TWO WAY TOPSOIL 001.000.640.576.800.310.00 192.50 9.5% Sales Tax 001.000.640.576.800.310.00 14.82 Total :207.32 119145 5/27/2010 068484 CEMEX 9419220813 Roadway - Asphalt Roadway - Asphalt 111.000.653.542.310.310.00 596.80 9.5% Sales Tax 111.000.653.542.310.310.00 56.70 Roadway - Liquid Asphalt9419220814 Roadway - Liquid Asphalt 111.000.653.542.310.310.00 892.44 9.5% Sales Tax 111.000.653.542.310.310.00 84.78 Roadway - Dump Fees9419248794 Roadway - Dump Fees 411.000.652.542.320.490.00 111.25 Asphalt 111.000.653.542.310.310.00 704.01 9.2% Sales Tax 111.000.653.542.310.310.00 64.40 Roadway - Asphalt9419326762 Roadway - Asphalt 111.000.653.542.310.310.00 420.00 7Page: Packet Page 27 of 196 05/26/2010 Voucher List City of Edmonds 8 3:00:23PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 119145 5/27/2010 (Continued)068484 CEMEX 9.5% Sales Tax 111.000.653.542.310.310.00 39.90 Total :2,970.28 119146 5/27/2010 073249 CG ENGINEERING, PLLC 12042 On-call Struct Eng for Bld Div On-call Struct Eng for Bld Div 001.000.620.524.100.410.00 167.50 Total :167.50 119147 5/27/2010 064690 CHAMPION BOLT & SUPPLY INC 520000137 9999 NITRILE GLOVES 411.000.656.538.800.310.31 199.80 9.5% Sales Tax 411.000.656.538.800.310.31 18.99 Total :218.79 119148 5/27/2010 064840 CHAPUT, KAREN E CHAPUT12537 FRIDAY NIGHT OUT FRIDAY NIGHT OUT #12537 001.000.640.574.200.410.00 117.60 Total :117.60 119149 5/27/2010 073243 CHAVEZ-ALVIZO, LETICIA CHAVEZ-ALVIZO0511 REFUND REFUND OF DAMAGE DEPOSIT FOR MEADOWDALE 001.000.000.239.200.000.00 300.00 Total :300.00 119150 5/27/2010 019215 CITY OF LYNNWOOD 7910 INV#7910 CUST#45 - EDMONDS PD NEXTEL PHONES - NARCS 04/2010 104.000.410.521.210.420.00 56.61 Total :56.61 119151 5/27/2010 065519 CITY OF LYNNWOOD ADV MOTOR OPS INV ADV. MOTORCYCLE OPS - EDMONDS PD ROTH - ADV. MOTORCYCLE OPS 001.000.410.521.400.490.00 50.00 FALK - ADV. MOTORCYCLE OPS 001.000.410.521.400.490.00 50.00 8Page: Packet Page 28 of 196 05/26/2010 Voucher List City of Edmonds 9 3:00:23PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 119151 5/27/2010 (Continued)065519 CITY OF LYNNWOOD HARBINSON - ADV MOTORCYCLE OPS 001.000.410.521.400.490.00 50.00 Total :150.00 119152 5/27/2010 035160 CITY OF SEATTLE 100115 1-218359-279832 2203 N 205TH/METER 762972 411.000.656.538.800.471.62 15.44 Total :15.44 119153 5/27/2010 063389 CLAY, JON 1347 TRAVEL/CLAY/TRAINING TRAVEL/CLAY/TRAINING 411.000.656.538.800.430.00 107.00 Total :107.00 119154 5/27/2010 004095 COASTWIDE LABS W2191999 SUPPLIES SEAT COVERS, LINERS, TOILET TISSUE, ETC. 001.000.640.576.800.310.00 1,079.36 9.5% Sales Tax 001.000.640.576.800.310.00 102.54 Total :1,181.90 119155 5/27/2010 004095 COASTWIDE LABS W2192376 Library - Supplies Library - Supplies 001.000.651.519.920.310.00 20.79 Fac Maint - Towels, Magic Eraser, 001.000.651.519.920.310.00 453.23 9.5% Sales Tax 001.000.651.519.920.310.00 45.03 Fac Maint - Roll TowelsW2192376-1 Fac Maint - Roll Towels 001.000.651.519.920.310.00 30.99 9.5% Sales Tax 001.000.651.519.920.310.00 2.94 Total :552.98 119156 5/27/2010 005965 CUES INC 325569 Sewer - Scews, Washers 9Page: Packet Page 29 of 196 05/26/2010 Voucher List City of Edmonds 10 3:00:23PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 119156 5/27/2010 (Continued)005965 CUES INC Sewer - Scews, Washers 411.000.655.535.800.310.00 110.61 Freight 411.000.655.535.800.310.00 8.16 9.5% Sales Tax 411.000.655.535.800.310.00 11.28 Total :130.05 119157 5/27/2010 061570 DAY WIRELESS SYSTEMS - 16 42170 Unit EQ63EQ - Radios & Programming Unit EQ63EQ - Radios & Programming 511.100.657.594.480.640.00 939.50 Freight 511.100.657.594.480.640.00 15.00 9.5% Sales Tax 511.100.657.594.480.640.00 90.68 Total :1,045.18 119158 5/27/2010 006626 DEPT OF ECOLOGY 2449 SLENKER/OPERATOR CERTF SLENKER/OPERATOR CERTF 411.000.656.538.800.490.00 50.00 Total :50.00 119159 5/27/2010 064531 DINES, JEANNIE 10-3100 MINUTE TAKING 05/18 Council Minutes 001.000.250.514.300.410.00 291.00 Total :291.00 119160 5/27/2010 072582 DORSE AIR PORDUCTS S1317848.001 PS - Cabinet Fan PS - Cabinet Fan 001.000.651.519.920.310.00 205.38 9.2% Sales Tax 001.000.651.519.920.310.00 18.89 Total :224.27 119161 5/27/2010 007253 DUNN LUMBER 33394 Fac Maint - Truck Supplies - Brushes, Fac Maint - Truck Supplies - Brushes, 10Page: Packet Page 30 of 196 05/26/2010 Voucher List City of Edmonds 11 3:00:23PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 119161 5/27/2010 (Continued)007253 DUNN LUMBER 001.000.651.519.920.310.00 57.38 9.5% Sales Tax 001.000.651.519.920.310.00 5.45 Total :62.83 119162 5/27/2010 073037 EDMONDS ACE HARDWARE 001134/1 PARKS & REC GAS CANS 001.000.640.576.800.310.00 29.97 9.5% Sales Tax 001.000.640.576.800.310.00 2.85 PARKS & REC001138/1 HOOKS 001.000.640.576.800.310.00 4.58 9.5% Sales Tax 001.000.640.576.800.310.00 0.44 PARKS & REC001140/1 HOOKS, ETC. 001.000.640.576.800.310.00 6.36 9.5% Sales Tax 001.000.640.576.800.310.00 0.60 Total :44.80 119163 5/27/2010 073037 EDMONDS ACE HARDWARE 001136/1 Fac Maint - Unit 26 - Pencil Compass, Fac Maint - Unit 26 - Pencil Compass, 001.000.651.519.920.310.00 38.76 9.5% Sales Tax 001.000.651.519.920.310.00 3.68 PW -Street Bay - Ant Bait001137/1 PW -Street Bay - Ant Bait 001.000.651.519.920.310.00 4.99 9.5% Sales Tax 001.000.651.519.920.310.00 0.47 Fac Maint Unit 26 - Ext Cord , Fasteners001139/1 Fac Maint Unit 26 - Ext Cord , Fasteners 001.000.651.519.920.310.00 30.89 11Page: Packet Page 31 of 196 05/26/2010 Voucher List City of Edmonds 12 3:00:23PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 119163 5/27/2010 (Continued)073037 EDMONDS ACE HARDWARE 9.5% Sales Tax 001.000.651.519.920.310.00 2.93 PW - Ant Bait001141/1 PW - Ant Bait 001.000.651.519.920.310.00 4.99 9.5% Sales Tax 001.000.651.519.920.310.00 0.47 Total :87.18 119164 5/27/2010 007675 EDMONDS AUTO PARTS 21963 SUPPLIES SUPPLIES 001.000.640.576.800.310.00 29.99 9.5% Sales Tax 001.000.640.576.800.310.00 2.85 SUPPLIES22068 BLACK SILICONE 001.000.640.576.800.310.00 12.88 9.5% Sales Tax 001.000.640.576.800.310.00 1.22 Total :46.94 119165 5/27/2010 008705 EDMONDS WATER DIVISION 3-01808 LIFT STATION #11 LIFT STATION #11 411.000.655.535.800.470.00 23.80 MEADOWDALE CLUB HOUSE3-03575 MEADOWDALE CLUB HOUSE 001.000.651.519.920.470.00 204.95 LIFT STATION #123-07525 LIFT STATION #12 411.000.655.535.800.470.00 58.66 LIFT STATION #153-07709 LIFT STATION #15 411.000.655.535.800.470.00 23.80 LIFT STATION #43-09350 LIFT STATION #4 12Page: Packet Page 32 of 196 05/26/2010 Voucher List City of Edmonds 13 3:00:23PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 119165 5/27/2010 (Continued)008705 EDMONDS WATER DIVISION 411.000.655.535.800.470.00 56.62 LIFT STATION #103-09800 LIFT STATION #10 411.000.655.535.800.470.00 29.92 LIFT STATION #93-29875 LIFT STATION #9 411.000.655.535.800.470.00 31.97 Total :429.72 119166 5/27/2010 066378 FASTENAL COMPANY WAMOU19912 Fac Maint - Truck Supplies Fac Maint - Truck Supplies 001.000.651.519.920.310.00 75.37 9.5% Sales Tax 001.000.651.519.920.310.00 7.16 Fac Maint - SuppliesWAMOU19917 Fac Maint - Supplies 001.000.651.519.920.310.00 95.35 9.5% Sales Tax 001.000.651.519.920.310.00 9.06 Total :186.94 119167 5/27/2010 009815 FERGUSON ENTERPRISES INC 1767759 17983 PIPE FITTINGS 411.000.656.538.800.310.21 334.78 9.5% Sales Tax 411.000.656.538.800.310.21 31.80 179831767759-1 PIPE FITTING/COUPLINGS 411.000.656.538.800.310.21 841.00 9.5% Sales Tax 411.000.656.538.800.310.21 79.89 Total :1,287.47 119168 5/27/2010 073244 FERGUSON, SUSAN FERGUSON0513 REFUND REFUND DUE TO INSUFFICIENT REGISTRATION 13Page: Packet Page 33 of 196 05/26/2010 Voucher List City of Edmonds 14 3:00:23PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 119168 5/27/2010 (Continued)073244 FERGUSON, SUSAN 001.000.000.239.200.000.00 37.00 Total :37.00 119169 5/27/2010 072932 FRIEDRICH, KODY FRIEDRICH12561 IRISH DANCE CLASSES IRISH DANCE 13+ #12561 001.000.640.574.200.410.00 87.75 IRISH DANCE 13+ #12565 001.000.640.574.200.410.00 178.75 IRISH DANCE FOR KIDS #12603 001.000.640.574.200.410.00 143.33 Total :409.83 119170 5/27/2010 061589 GALLS INC 510601801 INV#510601801 ACCT#3736713 - EDMONDS PD 5.11 SLEET BOOTS (HAWLEY) 001.000.410.521.260.240.00 116.99 9.5% Sales Tax 001.000.410.521.260.240.00 11.11 Total :128.10 119171 5/27/2010 011210 GC SYSTEMS INC 000022956A Water - Seat O Rings, Stems, Seats Water - Seat O Rings, Stems, Seats 411.000.654.534.800.310.00 1,110.00 Freight 411.000.654.534.800.310.00 9.69 9.5% Sales Tax 411.000.654.534.800.310.00 106.37 Total :1,226.06 119172 5/27/2010 012190 GORSUCH, BRUCE GORSUCH12140 VOLLEYBALL SKILLS INTERMEDIATE VOLLEYBALL SKILLS #12140 001.000.640.575.520.410.00 490.00 Total :490.00 119173 5/27/2010 012199 GRAINGER 9246030697 SAFETY CABINET SAFETY CABINET, SELF CLOSE, 2 DOOR, 60 001.000.640.576.800.310.00 1,292.00 14Page: Packet Page 34 of 196 05/26/2010 Voucher List City of Edmonds 15 3:00:23PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 119173 5/27/2010 (Continued)012199 GRAINGER Freight 001.000.640.576.800.310.00 155.68 9.5% Sales Tax 001.000.640.576.800.310.00 137.53 Total :1,585.21 119174 5/27/2010 012199 GRAINGER 9246030705 Library - 6V Batteries Library - 6V Batteries 001.000.651.519.920.310.00 204.52 Freight 001.000.651.519.920.310.00 13.76 9.5% Sales Tax 001.000.651.519.920.310.00 20.74 Fac Maint - Folding Hand Truck9250729366 Fac Maint - Folding Hand Truck 001.000.651.519.920.350.00 110.12 9.5% Sales Tax 001.000.651.519.920.350.00 10.46 Fac Maint - Industrial Lube9250904639 Fac Maint - Industrial Lube 001.000.651.519.920.310.00 28.42 Sales Tax 001.000.651.519.920.310.00 2.62 Total :390.64 119175 5/27/2010 067798 GREAT NORTHERN WORKWEAR &642028 DISCOVERY PROGRAM SUPPLIES DISCOVERY PROGRAM CAPS WITH LOGOS 001.000.640.574.350.240.00 90.00 Freight 001.000.640.574.350.240.00 7.50 9.5% Sales Tax 001.000.640.574.350.240.00 8.97 Total :106.47 119176 5/27/2010 012560 HACH COMPANY 6728499 112830 15Page: Packet Page 35 of 196 05/26/2010 Voucher List City of Edmonds 16 3:00:23PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 119176 5/27/2010 (Continued)012560 HACH COMPANY LAB SUPPLIES 411.000.656.538.800.310.31 722.88 Freight 411.000.656.538.800.310.31 36.95 9.5% Sales Tax 411.000.656.538.800.310.31 72.19 Total :832.02 119177 5/27/2010 070042 IKON FINANCIAL SERVICES 82178518 INV#82178518 467070-1005305A3 EDMONDS PD COPIER RENTAL 05/13-06/12/10 001.000.410.521.100.450.00 340.00 ADDITIONAL IMAGES 001.000.410.521.100.450.00 154.17 9.5% Sales Tax 001.000.410.521.100.450.00 46.95 Total :541.12 119178 5/27/2010 064655 INNOVATIVE VACUUM SERVICES INC S16662 Storm - 4th & Dayton Storm Drain Storm - 4th & Dayton Storm Drain 411.000.652.542.400.480.00 1,086.25 9.5% Sales Tax 411.000.652.542.400.480.00 103.19 Total :1,189.44 119179 5/27/2010 014940 INTERSTATE BATTERY SYSTEMS 764953 Shop Supplies - Fuse, Connectors, Rings Shop Supplies - Fuse, Connectors, Rings 511.000.657.548.680.311.00 24.65 9.5% Sales Tax 511.000.657.548.680.311.00 2.34 Shop Supplies - Batteries, Pipe Sealant765293 Shop Supplies - Batteries, Pipe Sealant 511.000.657.548.680.311.00 32.75 9.5% Sales Tax 511.000.657.548.680.311.00 3.11 Shop Supplies - Circuit Breakers765367 16Page: Packet Page 36 of 196 05/26/2010 Voucher List City of Edmonds 17 3:00:23PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 119179 5/27/2010 (Continued)014940 INTERSTATE BATTERY SYSTEMS Shop Supplies - Circuit Breakers 511.000.657.548.680.311.00 29.50 9.5% Sales Tax 511.000.657.548.680.311.00 2.80 Unit M16 - Boat Cable766051 Unit M16 - Boat Cable 511.000.657.548.680.310.00 56.55 9.5% Sales Tax 511.000.657.548.680.310.00 5.37 Shop Supplies - Cable Ties, Lugs,766500 Shop Supplies - Cable Ties, Lugs, 511.000.657.548.680.311.00 82.00 9.5% Sales Tax 511.000.657.548.680.311.00 7.79 Total :246.86 119180 5/27/2010 066913 KDL HARDWARE SUPPLY INC 427612 Fac Maint - Return Keyed Door Knobs Fac Maint - Return Keyed Door Knobs 001.000.651.519.920.310.00 -178.80 9.5% Sales Tax 001.000.651.519.920.310.00 -16.99 Fac Maint - Keyed Door Knobs429149 Fac Maint - Keyed Door Knobs 001.000.651.519.920.310.00 184.80 Freight 001.000.651.519.920.310.00 5.62 9.5% Sales Tax 001.000.651.519.920.310.00 18.09 Total :12.72 119181 5/27/2010 073245 KIM, TRACY KIM0510 REFUND CUSTOMER REQUESTED REFUND 001.000.000.239.200.000.00 92.00 Total :92.00 17Page: Packet Page 37 of 196 05/26/2010 Voucher List City of Edmonds 18 3:00:23PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 119182 5/27/2010 069355 KLEINFELDER INC 643913 C-311 C-311ODOR CONTROL PROJECT 414.000.656.594.320.410.10 809.80 Total :809.80 119183 5/27/2010 064400 KOHO, STEPHEN 1458 TRAVEL/KOHO TRAVEL/KOHO 411.000.656.538.800.430.00 310.80 Total :310.80 119184 5/27/2010 068677 KONECRANES AMERICA INC SEA00485782 Sewer - Equipment Repairs and Handling Sewer - Equipment Repairs and Handling 411.000.655.535.800.480.00 780.82 Unit 106 - RepairsSEA00485847 Unit 106 - Repairs 511.000.657.548.680.480.00 380.00 9.5% Sales Tax 511.000.657.548.680.480.00 36.10 Total :1,196.92 119185 5/27/2010 068024 KRUCKEBERG BOTANIC GARDEN KRUCKEBERG12647 GARDEN WORKSHOP GARDEN WORKSHOP #12647 001.000.640.574.200.410.00 52.50 Total :52.50 119186 5/27/2010 017050 KWICK'N KLEEN CAR WASH 05172010-01 INV#05172010-01 EDMONDS PD 45 CAR WASHES @ $5.03 - 04/10 001.000.410.521.220.480.00 226.35 Total :226.35 119187 5/27/2010 060132 LAB SAFETY SUPPLY 1015439008 Traffic - Trfc Brr Poly Cade - 4@ Traffic - Trfc Brr Poly Cade - 4@ 111.000.653.542.640.310.00 2,064.00 Freight 111.000.653.542.640.310.00 296.97 Total :2,360.97 18Page: Packet Page 38 of 196 05/26/2010 Voucher List City of Edmonds 19 3:00:23PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 119188 5/27/2010 018760 LUNDS OFFICE ESSENTIALS 104253 OFFICE SUPPLIES Office Supplies 001.000.250.514.300.310.00 319.91 9.5% Sales Tax 001.000.250.514.300.310.00 30.39 OFFICE SUPPLIES104315 Business Cards~250-00241 001.000.640.574.100.490.00 19.16 Todd Cort250-00241 001.000.640.574.100.490.00 19.16 JoAnne Zulauf250-00241 001.000.620.558.800.310.00 19.16 9.5% Sales Tax 001.000.640.574.100.490.00 3.64 9.5% Sales Tax 001.000.620.558.800.310.00 1.82 Total :413.24 119189 5/27/2010 018980 LYNNWOOD HONDA 704807 SPARK PLUGS, SPRAYER SPARK PLUGS, MOWERS 001.000.640.576.800.310.00 136.89 9.5% Sales Tax 001.000.640.576.800.310.00 13.00 Total :149.89 119190 5/27/2010 020039 MCMASTER-CARR SUPPLY CO 55631606 123106800 SUMP PUMP FLOAT SWITCH 411.000.656.538.800.310.21 -64.54 12310680055631607 SUMP PUMP FLOAT SWITCH 411.000.656.538.800.310.21 -64.54 12310680055661252 STRUT MOUNT CLAMP/PIPE FITTING/GLUE 411.000.656.538.800.310.21 162.64 Freight 411.000.656.538.800.310.21 11.04 19Page: Packet Page 39 of 196 05/26/2010 Voucher List City of Edmonds 20 3:00:23PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 119190 5/27/2010 (Continued)020039 MCMASTER-CARR SUPPLY CO 12310680055835838 FLANGE/GASKETS 411.000.656.538.800.310.21 203.50 Freight 411.000.656.538.800.310.21 6.54 Total :254.64 119191 5/27/2010 020900 MILLERS EQUIP & RENT ALL INC 107577 131 ALUMINUM 411.000.656.538.800.310.21 34.00 9.5% Sales Tax 411.000.656.538.800.310.21 3.23 Total :37.23 119192 5/27/2010 024302 NELSON PETROLEUM 0428609-IN Fleet Filter Inventory Fleet Filter Inventory 511.000.657.548.680.340.40 13.45 9.5% Sales Tax 511.000.657.548.680.340.40 1.27 Total :14.72 119193 5/27/2010 072700 NETWORK HARDWARE RESALE LLC 292673 COMPUTER HARDWARE Computer hardware parts 001.000.310.518.880.350.00 1,830.00 Freight 001.000.310.518.880.350.00 19.78 9.5% Sales Tax 001.000.310.518.880.350.00 1.88 Total :1,851.66 119194 5/27/2010 065315 NEWCOMB, TRACY NEWCOMB12374 FUN FACTORY FUN FATORY #12374 001.000.640.574.200.410.00 287.00 Total :287.00 119195 5/27/2010 066391 NORTHSTAR CHEMICAL INC 11348 260 20Page: Packet Page 40 of 196 05/26/2010 Voucher List City of Edmonds 21 3:00:23PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 119195 5/27/2010 (Continued)066391 NORTHSTAR CHEMICAL INC SODIUM BISULFITE 411.000.656.538.800.310.54 609.00 9.5% Sales Tax 411.000.656.538.800.310.54 57.86 Total :666.86 119196 5/27/2010 061013 NORTHWEST CASCADE INC 1-123102 HONEY BUCKET RENTAL HONEY BUCKET RENTAL: EDMONDS ELEMENTARY 001.000.640.576.800.450.00 189.87 HONEY BUCKET RENTAL1-125153 MADRONA ELEMENTARY HONEY BUCKET RENTAL 001.000.640.576.800.450.00 101.20 Total :291.07 119197 5/27/2010 067868 NW TANK & ENVIRONMENTAL 28437 Fleet Tank Repairs Fleet Tank Repairs 511.000.657.548.680.480.00 765.00 Total :765.00 119198 5/27/2010 063511 OFFICE MAX INC 597278 INV#597278 ACCT#520437 250POL EDMONDS PD CDR RECORDABLE DISCS 001.000.410.521.220.310.00 85.65 10x13 KRAFT CATALOG ENVELOPES 001.000.410.521.910.310.00 372.30 DYMO D LABEL CASSETES 001.000.410.521.910.310.00 60.85 DYMO 3/4" LABELING TAPE 001.000.410.521.910.310.00 84.85 AVERY WHITE COPIER LABELS 001.000.410.521.910.310.00 151.30 9.5% Sales Tax 001.000.410.521.220.310.00 8.14 9.5% Sales Tax 001.000.410.521.910.310.00 63.57 21Page: Packet Page 41 of 196 05/26/2010 Voucher List City of Edmonds 22 3:00:23PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :826.661191985/27/2010 063511 063511 OFFICE MAX INC 119199 5/27/2010 063511 OFFICE MAX INC 6200068 WRITE ON THE SOUND SUPPLIES WRITE ON THE SOUND SUPPLIES: FOLDERS, 117.100.640.573.100.310.00 215.28 9.5% Sales Tax 117.100.640.573.100.310.00 20.45 LABELS655579 LABELS 001.000.640.574.100.310.00 25.54 9.5% Sales Tax 001.000.640.574.100.310.00 2.43 LABELS690322 LABELS 001.000.640.574.100.310.00 44.82 9.5% Sales Tax 001.000.640.574.100.310.00 4.25 TONER694349 TONER 001.000.640.574.100.310.00 101.41 9.5% Sales Tax 001.000.640.574.100.310.00 9.63 Total :423.81 119200 5/27/2010 063511 OFFICE MAX INC 549646 PW Admin & Water Quality - Shipping PW Admin & Water Quality - Shipping 001.000.650.519.910.310.00 37.13 PW Admin & Water Quality - Shipping 411.000.654.534.800.310.00 37.13 9.5% Sales Tax 001.000.650.519.910.310.00 3.53 9.5% Sales Tax 411.000.654.534.800.310.00 3.53 PW Supplies - Copy paper585463 PW Supplies - Copy paper 001.000.650.519.910.310.00 399.80 22Page: Packet Page 42 of 196 05/26/2010 Voucher List City of Edmonds 23 3:00:23PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 119200 5/27/2010 (Continued)063511 OFFICE MAX INC Monthly Planner Admin 001.000.650.519.910.310.00 11.71 9.5% Sales Tax 001.000.650.519.910.310.00 39.09 Total :531.92 119201 5/27/2010 064070 PALMATIER, LISA PALMATIER0524 REIMBURSEMENT REIMBURSEMENT FOR CEMETERY BOARD 130.000.640.536.500.310.00 83.47 Total :83.47 119202 5/27/2010 072303 PERFORMANCE LEADERSHIP 219 INV# 219 EDMONDS PD MAXIMIZE YOUR MESSAG 3 REG (2@$250, 1 FREE) - BARKER, 001.000.410.521.400.490.00 500.00 Total :500.00 119203 5/27/2010 071983 PICKELBALL STUFF LLC 11106 PICKLEBALL SUPPLIES PICKLEBALLS 001.000.640.575.520.310.00 22.80 Freight 001.000.640.575.520.310.00 6.42 9.5% Sales Tax 001.000.640.575.520.310.00 2.78 Total :32.00 119204 5/27/2010 064552 PITNEY BOWES 3833100MY10 POSTAGE METER LEASE Lease 04/30 to 05/30 001.000.250.514.300.450.00 866.00 Total :866.00 119205 5/27/2010 069198 PNCWA WESTERN WA REGION 5/24/2010 TRAINING/PALADA/SLENKER/SEBERS/GARCIA/AM TRAINING/PALADA/SLENKER/SEBERS/GARCIA/AM 411.000.656.538.800.490.71 775.00 Total :775.00 119206 5/27/2010 029117 PORT OF EDMONDS 03870 CITY OF EDMONDS STORMWATER 23Page: Packet Page 43 of 196 05/26/2010 Voucher List City of Edmonds 24 3:00:23PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 119206 5/27/2010 (Continued)029117 PORT OF EDMONDS Pier StormWater Rent for May 2010 001.000.640.576.800.470.00 1,665.96 UNIT F1 B1 FUEL04371 Fire Boat - Fuel 511.000.657.548.680.320.00 153.15 Total :1,819.11 119207 5/27/2010 064088 PROTECTION ONE 2422756 Library - Up Grade Fire Panel Library - Up Grade Fire Panel 001.000.651.519.920.480.00 646.06 Total :646.06 119208 5/27/2010 071911 PROTZ, MARGARET PROTZ12532 FELDENKRAIS WORKSHOP FELDENKRAIS WORKSHOP #12532 001.000.640.575.540.410.00 73.50 Total :73.50 119209 5/27/2010 068900 PUGET SOUND PARTNERSHIP May 25, 2010 RENTAL REIMBURSEMENT Brackett Room reimbursement 001.000.000.362.420.000.00 1,200.00 Total :1,200.00 119210 5/27/2010 062178 PUMP INDUSTRIES INC 61892 BEARING/SEAL/CHOKER RING/GASKET BEARING/SEAL/CHOKER RING/GASKET 411.000.656.538.800.310.21 2,468.00 Freight 411.000.656.538.800.310.21 165.62 9.5% Sales Tax 411.000.656.538.800.310.21 250.19 Total :2,883.81 119211 5/27/2010 062657 REGIONAL DISPOSAL COMPANY 001756 Storm - Sweep Dump Fees Storm - Sweep Dump Fees 411.000.652.542.320.490.00 873.49 Total :873.49 24Page: Packet Page 44 of 196 05/26/2010 Voucher List City of Edmonds 25 3:00:23PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 119212 5/27/2010 067003 SCHOETTLE, GEORGE 051210 CPR TRAINING CPR TRAINING 411.000.656.538.800.490.71 360.00 Total :360.00 119213 5/27/2010 072733 SCHWING BIOSET INC 61406422 31000560 SCREWS FOR SCHWING PUMP 411.000.656.538.800.310.21 10,991.12 Freight 411.000.656.538.800.310.21 651.87 Total :11,642.99 119214 5/27/2010 066964 SEATTLE AUTOMOTIVE DIST INC 03-049633 Unit 251 - Drum/Rotors, Disc Brake Pads Unit 251 - Drum/Rotors, Disc Brake Pads 511.000.657.548.680.310.00 37.31 9.5% Sales Tax 511.000.657.548.680.310.00 3.54 Total :40.85 119215 5/27/2010 071502 SLENKER, ROBERT 2449 TRAVEL/SLENKER/TRAINING TRAVEL/SLENKER/TRAINING 411.000.656.538.800.430.00 76.00 Total :76.00 119216 5/27/2010 037375 SNO CO PUD NO 1 2006-5164-4 600 3RD AVE S 600 3RD AVE S 001.000.640.576.800.470.00 887.62 18500 82ND AVE W2007-1403-8 18500 82ND AVE W 001.000.640.576.800.470.00 77.94 250 6TH AVE N2008-6924-6 250 6TH AVE N 001.000.640.576.800.470.00 191.88 23700 104TH AVE W2011-8453-8 23700 104TH AVE W 001.000.640.576.800.470.00 157.62 8030 185TH ST SW2011-9708-4 25Page: Packet Page 45 of 196 05/26/2010 Voucher List City of Edmonds 26 3:00:23PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 119216 5/27/2010 (Continued)037375 SNO CO PUD NO 1 8030 185TH ST SW 001.000.640.576.800.470.00 388.92 8030 185TH ST SW2011-9708-4 8030 185TH ST SW 001.000.640.576.800.470.00 102.80 100 DAYTON ST2012-3682-5 100 DAYTON ST 001.000.640.576.800.470.00 360.55 603 3RD AVE S2013-8327-0 603 3RD AVE S 001.000.640.576.800.470.00 29.51 251 6TH AVE N2014-5305-7 251 6TH AVE N 001.000.640.576.800.470.00 147.84 600 3RD AVE S2021-1448-4 600 3RD AVE S 001.000.640.576.800.470.00 117.49 1341 9TH AVE N2022-5062-7 1341 9TH AVE N 001.000.640.576.800.470.00 29.51 Total :2,491.68 119217 5/27/2010 037375 SNO CO PUD NO 1 113525100 2030-9778-7 WWTP ELECTRICITY 411.000.656.538.800.471.61 24,244.68 9.5% Sales Tax 411.000.656.538.800.471.61 1,454.69 Total :25,699.37 119218 5/27/2010 037375 SNO CO PUD NO 1 200468593 LIFT STATION #4 8311 TALBOT RD LIFT STATION #4 411.000.655.535.800.470.00 426.05 4 WAY LIGHT 101 9TH AVE S200592954 SIGNAL LIGHT 111.000.653.542.640.470.00 29.51 26Page: Packet Page 46 of 196 05/26/2010 Voucher List City of Edmonds 27 3:00:23PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 119218 5/27/2010 (Continued)037375 SNO CO PUD NO 1 200 DAYTON ST-OLD PW BLDG200638609 200 Dayton St-Vacant PW Bldg 411.000.654.534.800.470.00 727.32 SIGNAL LIGHT 200 3RD200678019 SIGNAL LIGHT 111.000.653.542.640.470.00 52.71 SEAVIEW RESERVOIR 18520 90TH W200739845 SEAVIEW RESERVOIR 411.000.654.534.800.470.00 31.54 4 WAY LIGHT 9600 BOWDOIN WAY201147063 SIGNAL LIGHT 111.000.653.542.640.470.00 43.52 BLINKING LIGHT201431244 BLINKING LIGHT 111.000.653.542.640.470.00 31.55 LIBRARY201551744 LIBRARY 001.000.651.519.920.470.00 1,874.01 TRAFFIC LIGHT 117 3RD AVE S201572898 SIGNAL LIGHT 111.000.653.542.640.470.00 137.40 4 WAY LIGHT 901 WALNUT201782646 SIGNAL LIGHT 111.000.653.542.640.470.00 51.43 Public Works201942489 Public Works 001.000.650.519.910.470.00 73.56 Public Works 411.000.654.534.800.470.00 279.52 Public Works 411.000.655.535.800.470.00 279.52 Public Works 511.000.657.548.680.470.00 279.52 Public Works 411.000.652.542.900.470.00 279.54 27Page: Packet Page 47 of 196 05/26/2010 Voucher List City of Edmonds 28 3:00:23PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 119218 5/27/2010 (Continued)037375 SNO CO PUD NO 1 Public Works 111.000.653.542.900.470.00 279.52 PUBLIC SAFETY COMPLEX202291662 PUBLIC SAFETY COMPLEX 001.000.651.519.920.470.00 4,255.16 LIGHT 120 5TH N202389375 SIGNAL LIGHT 111.000.653.542.630.470.00 15.37 CITY HALL202439246 CITY HALL 001.000.651.519.920.470.00 2,216.70 Total :11,363.45 119219 5/27/2010 064351 SNOHOMISH COUNTY TREASURER 2010068 INV#2010068 - EDMONDS PD 51.25 BOOKINGS FOR 04/10 001.000.410.523.600.510.00 4,612.50 481.50 HOUSING DAYS FOR 04/10 001.000.410.523.600.510.00 30,093.75 37 WORK RELEASE DAILY MAIN FEES 001.000.410.523.600.510.00 1,554.00 WORK RELEASE FEES INMATES PD 001.000.410.523.600.510.00 -620.00 Total :35,640.25 119220 5/27/2010 073109 SNYDER ROOFING OF 10-W018-4 M-051 RETAINAGE 414.000.656.594.320.410.10 1,550.00 Total :1,550.00 119221 5/27/2010 060371 STANDARD INSURANCE CO June 2010 JUNE 2010 STANDARD INSURANCE 00/10 Standard Insurance 811.000.000.231.550.000.00 13,637.46 Total :13,637.46 119222 5/27/2010 061782 STATE TREASURER 312 000 093 001 0005 MASTER LICENSE RENEWAL 2010 - ~ 28Page: Packet Page 48 of 196 05/26/2010 Voucher List City of Edmonds 29 3:00:23PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 119222 5/27/2010 (Continued)061782 STATE TREASURER MASTER LICENSE RENEWAL 2010 - ~ 511.000.657.548.680.490.00 120.00 Total :120.00 119223 5/27/2010 040480 STUSSER ELECTRIC 2338-477132 44-26789 ELECTRICAL SUPPLIES 411.000.656.538.800.310.22 40.18 9.5% Sales Tax 411.000.656.538.800.310.22 3.82 Total :44.00 119224 5/27/2010 068360 SUMMIT LAW GROUP 46179 INV#46179 EDMONDS PD 20119 000003 JHC INVESTIGATION 5.4 HOURS @$250/HR 001.000.410.521.100.410.00 1,350.00 Total :1,350.00 119225 5/27/2010 073242 SUPERIOR CLEANING &, RESTORATION25611 CITY PARK RESTROOM ARSON RESTORATION CITY PARK RESTROOM ARSON RESTORATION 125.000.640.576.800.480.00 3,084.21 9.5% Sales Tax 125.000.640.576.800.480.00 293.00 Total :3,377.21 119226 5/27/2010 040917 TACOMA SCREW PRODUCTS INC 18903261 Water - Supplies Water - Supplies 411.000.654.534.800.310.00 8.50 9.5% Sales Tax 411.000.654.534.800.310.00 0.81 Total :9.31 119227 5/27/2010 040916 TC SPAN AMERICA 51997 GYMNASTICS SHOW T-SHIRTS GYMNASTICS SHOW SHIRTS 001.000.640.575.550.310.00 702.90 9.5% Sales Tax 001.000.640.575.550.310.00 66.78 GYMNASTICS SHOW T-SHIRTS51998 29Page: Packet Page 49 of 196 05/26/2010 Voucher List City of Edmonds 30 3:00:23PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 119227 5/27/2010 (Continued)040916 TC SPAN AMERICA T-SHIRTS FOR SPRING GYMNASTICS SHOW 001.000.640.575.550.310.00 891.58 9.5% Sales Tax 001.000.640.575.550.310.00 84.71 Total :1,745.97 119228 5/27/2010 027269 THE PART WORKS INC 283669 SUPPLIES VALVES, KITS, ETC. 001.000.640.576.800.310.00 747.43 9.5% Sales Tax 001.000.640.576.800.310.00 71.00 Total :818.43 119229 5/27/2010 038315 THYSSENKRUPP ELEVATOR 195360 Library - Service Coverage outside of Library - Service Coverage outside of 001.000.651.519.920.480.00 3,651.00 9.5% Sales Tax 001.000.651.519.920.480.00 346.86 Total :3,997.86 119230 5/27/2010 069673 TRANSTECH ELECTRIC INC 3822 Street Light Pole Removal @ 702 9th N Street Light Pole Removal @ 702 9th N 111.000.653.542.630.480.00 1,835.00 9.5% Sales Tax 111.000.653.542.630.480.00 174.33 Total :2,009.33 119231 5/27/2010 072146 TRUAX, BREANNE 05192010 MONITOR FOR ECONOMIC DEVELOPMENT COM MTG Monitor for Economic Development 001.000.240.513.110.490.00 36.00 Total :36.00 119232 5/27/2010 066842 TSI 14437 EDMO00 VFD CONTROL PANEL 411.000.656.538.800.480.22 7,880.00 9.5% Sales Tax 30Page: Packet Page 50 of 196 05/26/2010 Voucher List City of Edmonds 31 3:00:23PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 119232 5/27/2010 (Continued)066842 TSI 411.000.656.538.800.480.22 748.60 Total :8,628.60 119233 5/27/2010 070774 ULINE INC 32523762 INV#32523762 CUST#2634605 EDMONDS PD 5x7 1/2 CLASP ENVELOPES 001.000.410.521.910.310.00 81.00 GROCERY BAGS 3-1/2x2-3/8x6-7/8 001.000.410.521.910.310.00 55.00 Freight 001.000.410.521.910.310.00 20.50 Total :156.50 119234 5/27/2010 061192 UNITED PIPE & SUPPLY 8416359 Meter Inventory - m-mtrtrpl-0.626-010 Meter Inventory - m-mtrtrpl-0.626-010 411.000.654.534.800.342.00 1,466.76 Sales Tax 411.000.654.534.800.342.00 126.14 Water - Supplies - Meter Box Lids,8418058 Water - Supplies - Meter Box Lids, 411.000.654.534.800.310.00 1,316.64 Sales Tax 411.000.654.534.800.310.00 113.23 Water Inventory - w-setterbyp-02-0108425531 Water Inventory - w-setterbyp-02-010 411.000.654.534.800.341.00 1,711.88 Sales Tax 411.000.654.534.800.341.00 147.22 Total :4,881.87 119235 5/27/2010 062693 US BANK 3348 APWA Program Monthly Meeting - N Miller APWA Program Monthly Meeting - N Miller 001.000.650.519.910.490.00 37.00 APWA - Annual Public Works Week 001.000.650.519.910.490.00 40.00 Svc Fees 31Page: Packet Page 51 of 196 05/26/2010 Voucher List City of Edmonds 32 3:00:23PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 119235 5/27/2010 (Continued)062693 US BANK 001.000.650.519.910.490.00 2.00 IMSA - Cert Renewals for C Hiatt, T3355 IMSA - Cert Renewals for C Hiatt, T 111.000.653.542.900.490.00 120.00 Svc Fees3355 Svc Fees 111.000.653.542.900.490.00 2.00 Fisheries Supply - Fleet- Boat Supplies3363 Fisheries Supply - Fleet- Boat Supplies 511.000.657.548.680.310.00 78.06 Mobile Equip Sys- Unit 31 - Gasket, 511.000.657.548.680.310.00 66.24 Fisheries Supplies - Boat - Wire 511.000.657.548.680.310.00 99.50 WA St Lic - Boat Lic Fees 511.000.657.548.680.310.00 24.25 Marine Power - Boat - Oil Lines 511.000.657.548.680.310.00 47.34 Magic Toyota - Unit 99 - Relay 511.000.657.548.680.310.00 103.35 Fisheries Supplies - Boat M-16 - Fire 511.000.657.548.680.310.00 49.56 Fisheries Supplies - Boat M-16 - 511.000.657.548.680.310.00 18.29 Edmonds Ace Hdwr - Boat m-16 - Steel 511.000.657.548.680.310.00 8.75 Seton Name Plate Co - PS - Accessible3405 Seton Name Plate Co - PS - Accessible 001.000.651.519.920.310.00 63.57 Guardian Security - Old PW Monthly Fees 001.000.651.519.920.480.00 55.00 PW VISA3546 Verizon - MCH Scan Line monthly and 001.000.651.519.920.420.00 416.23 US Plastics - Storm - Supplies 32Page: Packet Page 52 of 196 05/26/2010 Voucher List City of Edmonds 33 3:00:23PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 119235 5/27/2010 (Continued)062693 US BANK 411.000.652.542.320.310.00 260.47 Automotive Training Group - 511.000.657.548.680.490.00 370.00 Sign Warehouse - Sign Shop - Pre Mask 111.000.653.542.640.310.00 56.19 Sign Warehouse - Sign Shop - Transfer 111.000.653.542.640.310.00 70.19 Contract Furnishings Mart - Library - 001.000.651.519.920.310.00 85.74 USPS - Storm - Return Postage to Sigh 411.000.652.542.900.420.00 30.11 Svc Fees 111.000.653.542.900.310.00 4.48 Svc Fees 001.000.651.519.920.310.00 4.48 Svc Fees 511.000.657.548.680.310.00 4.60 Water - Amer Pub Wks - Over Pmt on3546 Water - Amer Pub Wks - Over Pmt on 411.000.654.534.800.490.00 -10.00 Total :2,107.40 119236 5/27/2010 064423 USA BLUE BOOK 141240 Freight Freight 411.000.654.534.800.310.00 -26.81 9.5% Sales Tax 411.000.654.534.800.310.00 -2.55 Sewer - 4" Fiberglass Tile Probes145781 Sewer - 4" Fiberglass Tile Probes 411.000.655.535.800.310.00 47.88 Freight 411.000.655.535.800.310.00 45.43 411.000.655.535.800.310.00 8.86 33Page: Packet Page 53 of 196 05/26/2010 Voucher List City of Edmonds 34 3:00:23PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :72.811192365/27/2010 064423 064423 USA BLUE BOOK 119237 5/27/2010 069592 USA MOBILITY WIRELESS T0298897E INV#T0298897E - EDMONDS PD PAGER/MESSAGING 05/27-06/26/10 001.000.410.521.100.420.00 157.78 Total :157.78 119238 5/27/2010 044960 UTILITIES UNDERGROUND LOC CTR 0040099 utility locates April 2010 utility locates April 2010 411.000.654.534.800.410.00 78.00 utility locates April 2010 411.000.655.535.800.410.00 78.00 utility locates April 2010 411.000.652.542.900.410.00 80.35 Total :236.35 119239 5/27/2010 011900 VERIZON NORTHWEST 425-206-7147 LIBRARY SCAN ALARM LIBRARY SCAN ALARM 001.000.651.519.920.420.00 15.01 WATER - 8505 BOWDOIN425-672-6030 LS line set up fees 411.000.654.534.800.420.00 137.85 FLEET MAINTENANCE FAX LINE425-672-7132 FLEET MAINTENANCE FAX LINE 511.000.657.548.680.420.00 101.83 TELEMETRY STATIONS425-712-0417 TELEMETRY STATIONS 411.000.654.534.800.420.00 26.71 TELEMETRY STATIONS 411.000.655.535.800.420.00 26.71 P/W FIRE ALARM, FAX LINE & 2 SPARE LINES425-712-8251 P/W FIRE ALARM, FAX LINE & 2 SPARE LINES 001.000.650.519.910.420.00 14.69 P/W FIRE ALARM, FAX LINE & 2 SPARE LINES 111.000.653.542.900.420.00 73.47 P/W FIRE ALARM, FAX LINE & 2 SPARE LINES 34Page: Packet Page 54 of 196 05/26/2010 Voucher List City of Edmonds 35 3:00:23PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 119239 5/27/2010 (Continued)011900 VERIZON NORTHWEST 411.000.654.534.800.420.00 61.71 P/W FIRE ALARM, FAX LINE & 2 SPARE LINES 411.000.655.535.800.420.00 61.71 P/W FIRE ALARM, FAX LINE & 2 SPARE LINES 511.000.657.548.680.420.00 82.28 MEADOWDALE CLUB HOUSE FIRE ALARM LINE425-745-4313 Meadowdale Club House Fire Alarm Line 001.000.651.519.920.420.00 201.44 TELEMETRY LIFT STATIONS425-775-1534 TELEMETRY LIFT STATIONS 411.000.654.534.800.420.00 160.31 TELEMETRY LIFT STATIONS 411.000.655.535.800.420.00 297.72 PUBLIC SAFETY FIRE ALARM425-775-2455 PUBLIC SAFETY FIRE ALARM 001.000.651.519.920.420.00 50.06 Radio Line between Public Works & UB425-775-7865 Radio Line between Public Works & UB 411.000.654.534.800.420.00 53.42 LS 7425-776-2742 LS 7 411.000.655.535.800.420.00 30.56 LS 8425-778-5982 LS 8 411.000.655.535.800.420.00 54.79 PUBLIC WORKS C0NNECTION TO 911425-RT0-9133 Public Works Connection to 911 001.000.650.519.910.420.00 5.48 Public Works Connection to 911 111.000.653.542.900.420.00 20.81 Public Works Connection to 911 411.000.654.534.800.420.00 20.81 Public Works Connection to 911 411.000.655.535.800.420.00 20.81 Public Works Connection to 911 35Page: Packet Page 55 of 196 05/26/2010 Voucher List City of Edmonds 36 3:00:23PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 119239 5/27/2010 (Continued)011900 VERIZON NORTHWEST 511.000.657.548.680.420.00 20.81 Public Works Connection to 911 411.000.652.542.900.420.00 20.78 Total :1,559.77 119240 5/27/2010 062812 WA CRANE AND HOIST CO INC 0009390-IN EWW 1EW REPAIR/CRANE 411.000.656.538.800.480.21 570.00 9.5% Sales Tax 411.000.656.538.800.480.21 54.15 Total :624.15 119241 5/27/2010 049500 WEST PUBLISHING 820625541 CODE UPDATES RCW Supplements 001.000.250.514.300.310.00 638.00 9.5% Sales Tax 001.000.250.514.300.310.00 60.64 Total :698.64 119242 5/27/2010 065256 WHITESAVAGE & LYLE, INC.WHITESAVAGE0524 EDMONDS FLOWER POLE ARTWORK - #1 PAYMENT #1: FLOWER POLE ARTWORK 117.200.640.575.500.410.00 330.00 Total :330.00 119243 5/27/2010 073018 WILCO-WINFIELD 109349 GARDEN SUPPLIES RANGER PRO, DYNAMARK BLUE 001.000.640.576.800.310.00 191.50 Freight 001.000.640.576.800.310.00 31.72 9.5% Sales Tax 001.000.640.576.800.310.00 18.20 Total :241.42 119244 5/27/2010 069969 WILLIAMS, PAMELA WILLIAMS0524 MILEAGE REIMBURSEMENT MILEGE REIMBURSEMENT FOR CLASSROOM 001.000.640.574.350.430.00 45.50 36Page: Packet Page 56 of 196 05/26/2010 Voucher List City of Edmonds 37 3:00:23PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :45.501192445/27/2010 069969 069969 WILLIAMS, PAMELA 119245 5/27/2010 067465 WOOD, JULIA WOOD11957 GYROKINESIS GYROKINESIS #11957 001.000.640.575.540.410.00 65.00 Total :65.00 119246 5/27/2010 063008 WSDOT 0159 PURCHASING, BIDDING & CONTRACT MGMT CLAS Hauss & Sibrel-Purchasing, Bidding & 001.000.620.532.200.490.00 200.00 Total :200.00 Bank total :511,626.90121 Vouchers for bank code :front 511,626.90Total vouchers :Vouchers in this report121 37Page: Packet Page 57 of 196 AM-3103 2.D. Claims for Damages Edmonds City Council Meeting Date:06/01/2010 Submitted By:Sandy Chase Time:Consent Department:City Clerk's Office Type:Action Review Committee: Committee Action: Information Subject Title Acknowledge receipt of Claims for Damages from Verizon (amount undetermined), and Erin Graafstra ($6,994.26). Recommendation from Mayor and Staff It is recommended that the City Council acknowledge receipt of the Claims for Damages by minute entry. Previous Council Action N/A Narrative Claims have been received from the following: Verizon CMR Claims Department P.O. Box 60770 Oklahoma City, OK 73146-0770 (Amount Undetermined) Erin Graafstra 22716 - 121st Dr. NE Arlington, WA 98223 ($6,994.26) Fiscal Impact Attachments Link: Verizon Notice of Claim Link: Graafstra Claim for Damages Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 05/24/2010 02:58 PM APRV 2 Mayor Gary Haakenson 05/24/2010 03:00 PM APRV Packet Page 58 of 196 3 Final Approval Sandy Chase 05/25/2010 09:05 AM APRV Form Started By: Sandy Chase  Started On: 05/24/2010 02:55 PM Final Approval Date: 05/25/2010 Packet Page 59 of 196 Packet Page 60 of 196 Packet Page 61 of 196 Packet Page 62 of 196 AM-3100 3. Community Service Announcement Edmonds City Council Meeting Date:06/01/2010 Submitted By:Jana Spellman Submitted For:Council President Bernheim Time:5 Minutes Department:City Council Type:Information Review Committee: Committee Action: Information Subject Title Community Service Announcement - Greater Edmonds Chamber of Commerce / 4th of July Events. Recommendation from Mayor and Staff Previous Council Action Narrative Community Service Announcement - Greater Edmonds Chamber of Commerce / 4th of July Events. Fiscal Impact Attachments No file(s) attached. Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 05/26/2010 04:32 PM APRV 2 Mayor Gary Haakenson 05/26/2010 04:36 PM APRV 3 Final Approval Sandy Chase 05/26/2010 04:38 PM APRV Form Started By: Jana Spellman  Started On: 05/20/2010 03:55 PM Final Approval Date: 05/26/2010 Packet Page 63 of 196 AM-3102 4. Mike Doubleday - Washington State Legislative Session Recap Edmonds City Council Meeting Date:06/01/2010 Submitted By:Stephen Clifton Time:20 Minutes Department:Community Services Type:Information Review Committee: Committee Action: Information Subject Title Mike Doubleday - Washington State Legislative Session Recap. Recommendation from Mayor and Staff Previous Council Action Narrative Mike Doubleday will be attending the June 1, 2010 City Council meeting to provide an overview of the most recently held Washington State legislative session. Additionally, this meeting will offer an opportunity for the City Council to discuss preliminarily legislative agenda items which Mr. Doubleday could incorporate into a draft legislative agenda to be presented this fall to the City Council. For citizens reviewing this agenda item, attached is an April, 2010 Final State Legislative Report I provided to the City Council on April 23, 2010. Fiscal Impact Attachments Link: Attachment 1 - Mike Doubleday Final 2010 State Legislative Report Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 05/24/2010 02:58 PM APRV 2 Mayor Gary Haakenson 05/24/2010 03:00 PM APRV 3 Final Approval Sandy Chase 05/25/2010 09:05 AM APRV Form Started By: Stephen Clifton  Started On: 05/24/2010 10:56 AM Final Approval Date: 05/25/2010 Packet Page 64 of 196 Mike Doubleday Doubleday Government Relations April 2010 Final 2010 State Legislative Report City of Edmonds Packet Page 65 of 196 2 CITY OF EDMONDS 2010 STATE LEGISLATIVE AGENDA/ OUTCOMES 4 Bills that Passed in 2009 Affecting Edmonds 1. State Revenue Package 8 2. Local Government Fiscal Flexibility 10 3. Storm Water Funding for Local Governments 10 4. Operating Budget Funding 11 5. Supplemental Transportation Budget 11 6. High Density Urban Development 12 7. Amending the Transportation Benefit District Statute 13 8. Extending the Deadlines for Review and Evaluation of 13 Comprehensive Land Use Plans and Development Regulations for Three Years 9. Upgrading the E-911 System 14 10. Campaign Contribution Limits for Local Government Officials 14 11. Clarifying the Integration of the Shoreline Management Act 14 with the Growth Management Act 12. Allowing Cities to Direct Requestors to their Web Site 15 for Public Records 13. Housing Homeless Persons on Property Owned or 15 Controlled by a Church 14. Rental Housing Inspection Programs 16 15. Restructuring the three Growth Management Hearings Boards 17 into One Board 16. Creating Community Facilities Districts 17 17. Disclosure of Public Records Containing Information Used to 18 Locate or Identify Employees of Criminal Justice Agencies 18. Amending Local Revitalization Financing 18 19. Alternative City Assumption and Tax Authority Provisions 18 Pertaining to Water—Sewer Districts 20. Allowing Local Governments to Create Golf Cart Zones 19 Bills that Did Not Pass That Would Have Affected Edmonds 1. Large Commercial Airport Siting 20 2. Expansion of the Wrongful Death Statute 20 Packet Page 66 of 196 3 3. Street Utility 21 4. Limiting Automated Traffic Safety Cameras 22 5. Changing Timing of Impact Fee Payments 22 6. Creating a Cap on Hearing Examiner Fees 23 7. Privatization of State Liquor Stores 23 8. Financing Operations and Capital Needs of Transit Agencies 24 9. Reclassifying Possession of 40 Grams or Less of Marijuana from a Misdemeanor to a Class 2 Civil Infraction 24 10. Cap and Trade/Climate Change 25 Packet Page 67 of 196 4 City of Edmonds 2010 State Legislative Agenda / Outcomes City of Edmonds 2010 State Legislative Agenda TOP PRIORITY 1. Transportation • Ferry Terminal WSDOT’s Public Private Partnership Office released a Request for Proposals (RFP) in early January to sell WSF’s property (parking lot) just north of the Skipper’s property near the ferry terminal. The RFP would require the developer to work with the City and WSF on an agreeable project to eliminate the traffic-pedestrian problem at the ferry terminal. WSDOT has since briefed the council on the proposal. - Seek state assistance to address Edmonds’ ferry terminal issues, e.g., queuing and vehicular storage, vehicular and pedestrian accessibility/safety, pedestrian overpass, etc. The Edmonds Ferry Terminal is the only ferry terminal in the Washington State Ferry system that interfaces with a heavily used railroad corridor. • Transportation Benefit District (TBD) – Support changes to the TBD statute that clarifies that any City transportation improvement project and/or program contained within a Transportation Plan is eligible for Transportation Benefit District funds. 2SHB 1591 has been signed by the Governor. It allows projects in a city’s comprehensive plan as an allowable use for TBD funding (see page 13). Packet Page 68 of 196 5 2. Shell Valley Community Emergency Access Road Funding • Work to secure funding in the supplemental transportation budget to help pay for construction of an emergency access road from the Shell Valley subdivision to Main Street in Edmonds. There is $250,000 for this project in the supplemental transportation budget which has been signed the Governor (see ESSB 6381 on page 11). 3. Phase II Storm Water Funding • Seek additional state funding for cities, including Edmonds that must meet Phase II storm water requirements. Funding for cities was provided in the supplemental capital budget to assist cities in meeting the NPDES mandate (see page 10). 4. Lake Ballinger • Support Lake Ballinger Watershed Forum’s multi-jurisdictional approach to addressing water quality and drainage issues. The City decided against moving forward on this request in 2010. 5. Airport Siting • Monitor legislation that seeks to site a new commercial airport in the Puget Sound region. SB 6304 was introduced by not heard this year. (see page 20). 6. LEOFF 1 Medical Liability • Seek help from the State Actuary to identify the liability for medical and long-term care costs for LEOFF 1 retirees, by jurisdiction, and pursue options for providing financial assistance to local governments for this liability. There was no change to the 2009-11 biennial budget which provided $25,000 for an actuarial evaluation of local governments’ liabilities for Law Enforcement Officers’ and Fire Fighters’ Retirement System plan post-retirement medical benefits. Packet Page 69 of 196 6 SECONDARY PRIORITY 1. Reducing Greenhouse Gas Emissions Legislation • Monitor legislation to reduce greenhouse gas emissions through land use regulations. ESHB 2538 was signed by the Governor. It encourages cities to provide for compact development. (See page 12). 2. Taping Local Governments Executive Sessions • Monitor legislation requiring local governments to tape executive sessions. There was no bill introduced on this subject in 2010 and the 2009 taping bill was not advanced. 3. Public Records Requests • Support and monitor legislation to provide some relief for cities and other governmental agencies related to public records requests. SSB 6367 was signed by the Governor; it permits cities to direct requestors to an agency website for information (see page 15). 4. Aerospace Industry • Support the Washington State Aerospace Partnership and other stakeholder groups in developing a unified strategy to ensure that Washington State remains the leading location in the world for aerospace. 5. Street Utility • Monitor legislation creating a local option street utility for cities, based on per trip charges. HB 2618, sponsored by Rep. Liias did not pass (see page 21). 6. Climate Change • Support legislation that collaboratively addresses climate change. Last year’s major bill on this subject, SB 5735, was not advanced in 2010, and no other greenhouse gas emissions bills were advanced. 7. Brokered Natural Gas • Monitor legislation that reinstates the ability of cities, like Edmonds, to tax brokered natural gas. ESHB 3179 was signed by the Governor. It permits cities to continue to tax brokered natural gas (see page 10). Packet Page 70 of 196 7 8. Revenue Flexibility • Real Estate Excise Tax (REET) - Support revision to the usage of REET that provides consistency between the 1st and 2nd quarter REET. This issue was not addressed although it was in early versions of ESHB 3179 (local governments’ fiscal flexibility bill). 9. Infrastructure Financing and Transportation General Infrastructure i. Local Revitalization Financing (LRF), and – Continue working with other local jurisdictions to maintain and expand tools to assist cities with infrastructure needs, such as: ii Local Infrastructure Financing Tool (LIFT). Transportation Improvement Board – Maintain or expand existing grant and loan programs such as the Transportation Improvement Board (TIB) and the Public Works Trust Fund. The Local Revitalization Financing statute was amended in E2SSB 6609 to allow other taxing districts to limit their property tax contribution to the revitalization area, and to allow the sponsoring local government to issue revenue bonds (see page 18). An effort to consolidate TIB with other agencies did not pass, although the issue will be studied in the 2010 interim. 10. Puget Sound Partnership • Monitor the activities of the Puget Sound Partnership and participate in their discussions about likely region-wide taxing district legislation in 2011 to fund the Partnership Action Agenda. The Puget Sound Partnership’s budget increased from $11.3M to $14.5M for the remainder of the biennium due to the addition of federal funds. 11. Public Health • Support legislation that provides a predictable, dedicated funding source to County governments to fund public health and provide services to residents of both incorporated and unincorporated areas. The public health system has deteriorated due in part to uncertain funding that has not kept pace with inflation, population growth and the emergence of new health problems. An early effort to tax candy for public health funds did not advance (HB 2388). A sales tax on candy was included in the final revenue bill (E2SSB 6143). Packet Page 71 of 196 8 Bills that Passed in 2010 Affecting Edmonds 1. State Revenue Package (E2SSB 6143), Senator Prentice, 11th District, South Seattle, Renton, Skyway On the 30th • Increased revenues - $757 million day of the special session, the Legislature passed a revenue bill to address a $2 .8 billion revenue shortfall for the remainder of the 2009-11 biennium (ending June 30, 2011). The long-debated solution contains the following elements: • Spending reductions - $840 M • Increased federal funds - $633 M • Use of other funds - $328 M • Use of reserves - $256 M Some of the revenue increases will bring additional funding to cities in 2011 as follows: 1. tax avoidance transactions - $2..8 M 2. livestock nutrients - $395,000 3. repealing the sales tax exemptions for bottled water and candy $23.7 M 4. PUD privilege tax clarification - $1.3 M The state Department of Revenue (DOR) estimates the total revenue impact to local governments (cities and counties, about 80% to cities) as follows: • FY 2010 - $220,000 • FY 2011 - $28.2 M • FY 2012 - $30.3 M • FY 2013 – $33.0 M • FY 2014 – 9.4 M • FY 2015 - $9.8 M The elements of the revenue package, with the sections affecting cities in bold, are listed below (see next page for chart): Packet Page 72 of 196 9 Tax Provision/Suspension of Exemption Explanation 2009-11 estimated revenue to the state Minimum nexus standards specifies nexus standards for state B&O tax of businesses domiciled outside Washington but doing business inside Washington: $84.7M Tax avoidance transactions closes methods used to avoid use tax and real estate excise taxes $8.5M Modifying first mortgage deduction the first mortgage interest deduction for banks is disallowed $3.6M Direct seller B&O exemption eliminates the B&O exemption for firms selling into Washington using direct seller’s representatives $155M B&O tax on manufacturing certain agricultural products limit s the B&O “preferential” tax for meat processing to manufacturers $4.1M Sales tax exemption for livestock nutrient equipment and facilities suspends this exemption for three years, commencing July 1, 2010 $1.3M B&O tax on corporate directors disallows the B&O tax exemption for corporate directors $2.1M Tax debts: corporate liability allows state DOR to pursue uncollected taxes of a terminated or insolvent limited liability business from the chief executive or chief financial officer $1.1M Sales and Use tax on bottled water imposes sales tax on sales of bottled water for three years, May 1, 2010, to June 30, 2013: $32.6M Sales tax on candy and gum imposes permanent sales tax on sales of candy and gum commencing June 1, 2010 $30.5M PUD privilege tax clarification “gross revenue” for the tax applies to all charges for electricity $1.2M Temporary B&O Surcharge on service businesses service businesses’ B&O rate is increased from 1.5% to 1.75% for three years: July 1, 2010 to June 30, 2013; the small business tax credit is increased $242M Limiting the B&O exemption for property management salaries Repeals the B&O exemption for amounts received by a property management company from the owner of a property for gross wages and benefits paid to on-site personnel $6.9M Temporary Beer Tax increase increases the beer tax by 50 cents per gallon for three years, June 1, 2010 to June 30, 2013; the increase does not apply to the first 60,000 barrels produced by small brewers $59M Temporary carbonated beverages tax increase increases the tax on carbonated beverages by 2 cents per 12 ounce bottle for three years, July 1, 2010 to June 30, 2013 $33.5M Limiting the bad debt deduction limits the bad deduction for bad debts (no person purchasing an installment sales contract may claim this deduction $1.7M Packet Page 73 of 196 10 2. Local Government Fiscal Flexibility (ESHB 3179) Rep. Springer, 45th District, Kirkland area This bill was an AWC priority and allows cities and counties some flexibility in existing revenue authority as follows: • Allows cities in Snohomish County to impose, with voter approval, a public safety sales tax of 0.1% if Snohomish County does not go to the ballot for their existing 0.3% sales tax authority by the end of 2010; the combined county-city sales tax pursuant to this authority may not exceed 0.3%. The legislation also eliminates the non-supplant language for this revenue source, which will add to our uses for this funding, • Eliminates the non-supplant language in the 0.1% criminal justice sales tax in Snohomish County, • Allows gambling revenue to be used for general public safety programs, as opposed to current law which restricts this revenue to local gambling enforcement programs. • There is also a provision in the bill allowing cities who formerly taxed brokered natural gas including Edmonds to once again tax that product (a state Court of Appeals court last year disallowed cities from imposing the tax). 3. Storm water Funding for Local Governments (Supplemental Capital Budget (ESHB 2836), Rep. Dunshee, 44th District, southeast Snohomish County The storm water bill, HB 3181, that raised the toxics waste tax from the current 0.7 to 1.5% (its’ last iteration was a 0.4% raise over 4 years) was not passed by the Legislature. Instead, storm water funding to help local governments meet the NPDES mandates is included in the supplemental capital budget as follows (this is one year funding): • About $8 million is designated as grants to local government to meet staffing levels to comply with the federal mandate; this funding should equal about $70,000 for each Phase I and II NPDES jurisdiction, • The remaining money, about $40 million, must be allocated to local governments through a grant process to fund projects or activities that mitigate or prevent contamination of storm water. This is Model Toxic Control Act (MTCA) funding that was diverted to assist with the operating budget deficit last year. Packet Page 74 of 196 11 4. Operating Budget Funding (ESSB 6444), Senator Prentice, 11th District, South Seattle, Renton, Skyway • Puget Sound Partnership Funding is increased for the Puget Sound Partnership for the remainder of the biennium from $11.3M to $14.5M. The additional funding is federal dollars. In addition, the capital budget included funding for a number of clean up projects on Puget Sound. • State Shared Revenues The Liquor Revolving Account , which is the liquor profits and taxes shared with local government, is reduced from $80M to about $69M for the remainder of the biennium; however, an additional $18M was included in last year’s 2009-11 budget for local governments. Still, cities will experience a slight reduction in this funding for the remainder of the biennium. The Municipal Criminal Justice Assistance Account is slightly increased to $27.2M from the biennial passed amount of $25.6M. 5. Supplemental Transportation Budget, (ESSB 6381), Senator Haugen, Senate Transportation Committee Chair, 10th District, Camano and Whidbey Islands A few items in the supplemental transportation budget passed by the Legislature are of importance to Edmonds: • in section 204(5), the Joint Transportation Committee (JTC) conduct a study “to establish a statewide blueprint for public transportation that will serve to guide state investments in public transportation. At a minimum, the study should include an assessment of unmet operating and capital needs of public transportation agencies, the state role in funding the unmet needs, and the priorities for state investments.” The JTC will convene a “public advisory panel” to provide input for the study. There are no city representatives on the panel but “other individuals deemed appropriate (see section 205(5)(c)(i-xi), page 12 of ESSB 6381). The report is due December 1, 2010; • in section 204(8), the JTC will evaluate services from the Transportation Improvement Board (TIB) and similar agencies (e.g. County Road Administration Board), this review responds to the Packet Page 75 of 196 12 Governor’s recommendation to consolidate smaller transportation agencies as part of an effort to streamline state government; • the Transportation Commission may impose a ferry surcharge effective July 1, 2011 (section 205), • As part of its development of the statewide transportation plan, the Transportation Commission shall review prioritized projects from PSRC and submit the review along with its recommendations to the House and Senate transportation committees by January 1, 2011. (section 205; this list could be the basis for a transportation revenue package which may be enacted in the 2011 session), • The DOT Aviation Division shall develop guidelines for consultation procedures and a process to assist cities and counties to identify land uses that may be incompatible with airports and airport operations, and to encourage the adoption of comprehensive plan policies and development regulations consistent with such land uses (section 214; similar language was in SB 6603, a bill that was not enacted); • $2 million is provided for “scoping unfunded state highway projects” to ensure that a well-vetted list is available for future program funding discussions (section 220); • DOT must report to the legislature by November 1, 2011, statistics regarding on-time arrival and departure status for ferries on a route-by- route and month-by-month basis. The report must include reasons for any delay over ten minutes. The statistics must be displayed on the WSF website and on each ferry and terminal (section 222); • $250,000 is provided solely for the Shell Valley emergency access road and bicycle/pedestrian path (section 308(17)). 6. High Density Urban Development (ESHB 2538), Rep Upthegrove, 33rd District, Des Moines, Burien This bill was the successor to the 2009 bill that mandated cities near a transit station to achieve a density minimum of 50 units per acre. That bill was opposed by cities and died. ESHB 2538 encourages cities planning under GMA to include compact developments in their comprehensive plans. The bill further requires the development of a non project environmental impact statement for any compact development in a comp plan. Packet Page 76 of 196 13 7. Amending the Transportation Benefit District (TBD) Statute (2SHB 1591), Rep. Upthegrove, 33rd District, Burien, Des Moines The bill clarifies that “transportation improvement” means in addition to any project contained in the transportation plan of the state or regional transportation planning organization (RTPO), any project contained in the transportation plan of a city, county, or any jurisdiction eligible to be included in a TBD. The bill also clarifies that TBDs are authorized to impose impact fees for transportation improvements within the district that are constructed by any entity, not only for those improvements constructed by the TBD itself. The bill also establishes that TBDs that impose a voter-approved sales tax after July 1, 2010, are authorized to impose the sales tax beyond the 10-year limitation if the tax revenues are dedicated to the repayment of general obligation bonds. 8. Extending the Deadlines for Review and Evaluation of Comprehensive Land Use Plans and Development Regulations for Three Years (SSB 6611) Senator Pridemore, 49th District, Vancouver The Growth Management Act (GMA), enacted in 1990 and 1991, obligated cities planning under the Act to update their comprehensive plans and development regulations every seven years (in King county). The last update was due December 1, 2004; therefore the next update was due December 1, 2011. SSB 6611 slips the 2011 date to December 1, 2014, but every seven years thereafter, so the update beyond 2014 will be due December 1, 2021. Jurisdictions that comply with the revision deadlines, demonstrate substantial progress toward compliance with the schedules for development regulations that protect critical areas, or comply with three-year extension provisions, are eligible to receive financial assistance from the Public Works Assistance Account the Water Quality Account. Packet Page 77 of 196 14 9. Upgrading the E-911 System (SSB 6846), Senator Brandland), 42 District, Bellingham area As of January 1, 2011, counties may increase the 911 tax on telephone lines from .50 (50 cents) to .70 and the state may increase their same tax from .20 to .25. The state money will allow the 911 system to modernize to an Internet Protocol Network: the system only works for voice now, meaning text messages will not work with the system. The county money will upgrade the equipment so that messages from the new system will be accepted. 10. Campaign Contribution Limits for Local Government Officials (SSB 6344), Senator Fairley, 32nd District, Lake Forest Park area Campaign contribution limits, per the 1992 Fair Campaign Practices Act, are expanded to include all city council and mayoral offices. Contributions from an individual, a union, or business may not exceed $800 per election to a candidate for city council or mayor (same as the limits for state and legislative offices). Political party contributions are limited to .80 (80 cents) per registered voter in the candidate’s jurisdiction for the election cycle. The Public Disclosure Commission (PDC) adjusts these limits for inflation every even-numbered years. Existing local campaign contribution limits may continue to apply as long as the contribution limits don exceed the limits set by the PDC. 11. Clarifying the Integration of the Shoreline Management Act (SMA) with the Growth Management Act (GMA), (EHB 1653), Representative Simpson, 47th District, Kent, Auburn, Covington, Maple Valley The GMA is the comprehensive land use planning framework for cities and counties in Washington. The SMA governs the use of state shorelines. A 2008 state Supreme Court case left it unclear which statute controlled procedures inside shorelines until a new SMA master plan is approved by the state Department of Ecology (DOE). EHB 1653 says development regulations adopted under GMA to protect critical areas within shorelines of the state apply within shorelines until the DOE approves one of the following: • a comprehensive master program update, Packet Page 78 of 196 15 • a segment of a master program relating to critical areas, or • a new of amended master program, provided the master program is approved by DOE on or after March 1, 2002. 12. Allowing Cities to Direct Requestors to their Web Site for Public Records (SSB 6367), Senator Hatfield, 19th District, Grays Harbor area The Public Records Act requires that all state and local governments make all public records available for public inspection and copying unless they fall within statutory exemptions. SSB 6367 permits public agencies to provide a requestor an internet address and link on the agency’s website to the specific records requested. If the requester cannot access records through the internet, the agency must provide hard copies or allow the requester to view copies on the agency computer. 13. Relating to Housing Homeless Persons on Property Owned or Controlled by a Church (ESHB 1956), Representative Williams, 22nd District, Olympia area The city or county regulation of homeless encampments on church property has been an issue in Olympia for a number of years. In ESHB 1956, a “religious organization” is authorized to host temporary encampments for the homeless on any real property owned or controlled by the organization. Cities and counties are prohibited from the following in regulation homeless encampments: • enacting ordinances or regulations that impose conditions other than those necessary to protect the public health and safety and do not substantially burden the decisions or actions of a religious organization providing homeless housing, • imposing permit fees in excess of the actual costs associated with the review and approval of the required permit applications, or • requiring a religious organization to obtain insurance pertaining to liability of a city with regard to the homeless persons housed on the Packet Page 79 of 196 16 church property or otherwise requiring the organization to indemnify the city against such liability. Local governments are granted immunity from civil liability for damages arising from permitting decisions and activities occurring in homeless encampments. ESHB 1956 does not supercede current consent decrees or negotiated settlements entered into between a public agency and a religious organization prior to July 1, 2010, pertaining to the homeless encampment. 14. Rental Housing Inspection Programs, (SSB 6459), Senator Hobbs, 44th District, Snohomish, Lake Stevens area The City of Pasco had adopted a mandatory local rental housing inspection program. Apartment owners and landlords objected and brought the issue to Olympia. Pursuant to SSB 6459, cities may require landlords to provide a certificate of inspection as a business license condition. A ”certificate of inspection” means a verification by a qualified inspector that the landlord has not failed to fulfill any substantial obligation that endangers or impairs the health or safety of a tenant. A city may only require a certificate of inspection every three years. Generally, multi-unit rental properties are inspected by a sampling based on a number of units, or the property owner may elect to have all the units inspected. If a rental property is asked to provide a certificate of inspection for a sample unit and a selected unit fails an initial inspection, the city may require all unites to provide a certificate of inspection. A city may also require all units to provide a certificate of inspection if a rental property has had conditions that endanger or impair the health or safety of a tenant reported since the last required inspection. If a rental property owner does not agree with the findings of an inspection performed by a city the city is required to offer an appeals process. Packet Page 80 of 196 17 15. Restructuring the three Growth Management Hearings Boards into One Board (SSB 6214), Senator Haugen, 10th District, Camano and Whidbey Islands Pursuant to SSB 6214, the three regional Growth Management Hearings Boards (GMHB) are abolished and consolidated into a single Growth Management Hearing Board. The new consolidated board will consist of seven members, appointed by the Governor for six-year terms from three regions of the state: two members each from Central Puget Sound, Eastern Washington and Western Washington. Petitions for review filed with the consolidated board must be heard and decided by a regional three-member panel, with membership on the panels selected from among the full membership of the consolidated GMHB. A majority of the regional panel members selected to hear and decide a case must reside within the region in which the case arose. The Central Puget Sound regional panel will decide matters pertaining to the cities and counties in King, Pierce, Snohomish, and Kitsap counties. 16. Creating Community Facilities Districts (ESSB 6241), Senator Kilmer, 26th District, Gig Harbor area Community Facilities Districts (CFD) are authorized and designed to provide financing for community facilities and local, subregional, and regional infrastructure. A CFD is created by a petition approved by a city or county in which the district is located. The petition must: • Be approved by 100% of the district’s landowners all of whom requesting that their property be subject to assessments, • Explain the object and plan of the district and the specific facilities to be financed. A CFD is independently governed by a Board of Supervisors. The legislative authority approving the CFD must approve appointments to the Board. A CFD may acquire, finance and sell real and personal property, levy assessments, issue revenue and assessment bonds, and finance the cost of any facility with an estimated life of five years or longer. A CFD may finance planning and design work, water systems, streets and parking facilities, areas for pedestrian, equestrian, or bicycle use, bus systems, and numerous other facilities. Special assessments may be imposed by the CFD on privately owned real property Packet Page 81 of 196 18 within the district to finance the facilities and improvements authorized by the CFD. 17. Disclosure of Public Records containing information used to locate or identify employees of criminal justice agencies (ESHB 1317), Rep. Kessler, 24th District, Hoquiam, Aberdeen areas Photographs and month and year of birth in personnel files of employees and workers of criminal justice agencies (including city police departments) are added to the Public Records Act as exempt from public inspection and copying. However, news media shall access to the photographs and date of birth information. 18. Local Revitalization Financing (LRF) for Local Governments (E2SSB 6609), Senator Kastama, 25th District, Tacoma area The Legislature created the Local Revitalization Financing (LRF) program for local governments in 2009. Pursuant to the program, a city (or county or port district), may create a “revitalization area,” sell bonds to make improvements in the revitalization area, and then use the increase in sales taxes and property taxes from within the revitalization area to pay off the bonds. E2SSB 6609 modified the LRF program slightly as follows: • Six projects not funded in the initial round of state contributions to LRF projects were funded, • A participating taxing district, other than the sponsoring taxing district, may limit its’ property tax contributions through an interlocal agreement, and • The sponsoring local government may issue revenue bonds to pay for the improvements in the revitalization area. 19. Alternative City Assumption and Tax Authority Provisions pertaining to Water—Sewer Districts (SHB 2990), Representative Pettigrew, 37th District, South Seattle area Under current law, cities can assume a water-sewer district without a public vote. However, cities cannot levy a utility tax on customers of water-sewer districts inside the city boundaries. Packet Page 82 of 196 19 Pursuant to SHB 2990, a city in King County with a population between 80,000 and 85,000 as certified on April 1, 2009 (City of Renton), can enter into an interlocal agreement with a water-sewer district allowing the city to impose a utility tax on the gross revenues of the water-sewer district. If the city levies the tax and adopts a resolution to assume all or part of the district, the city in consultation with the district must complete a feasibility study, jointly and equally funded by the city and the district, regarding the assumption of the district. The study is not necessary if the board of the water-sewer district consents to the assumption by the city. Following the study, an assumption must be placed on the ballot and must be approved by the voters residing within the district. The act expires on January 1, 2015. 20. Allowing Local Governments to Create Golf Cart Zones (SSB 6207), Senator Haugen, 10th District, Camano and Whidbey Islands Cities and counties may create golf cart zones by ordinance. The ordinance would allow the use of golf carts on public roads that have speed limits of 25 mph or less. Golf carts are defined as gas-powered or electric-powered four- wheeled vehicles that cannot attain a speed higher than 20 mph, designed for use on a golf course. Local jurisdictions that create golf cart zones may restrict the operation of golf carts to daylight hours and may prohibit the operation of golf carts in designated bicycle lanes that are within the golf cart zone. Packet Page 83 of 196 20 Bills That Did Not Pass in 2010 That Would Have Affected Edmonds 1. Large Commercial Airport Siting (SB 6304), Senator Keiser, 33rd District, Des Moines, SeaTac Airport area SB 6304, introduced by Senator Keiser from the SeaTac airport area, mandated that cities in which there is a planned commercial service airport (defined as an airport that receives scheduled passenger service and enplanes 10,000 or more passengers annually) must include in their comprehensive plans the creation of aviation protection zones of at least 7 miles around the future facility. Incompatible uses such as housing, K-12 facilities, and hospitals may not be sited within this zone. The bill also included funding for a consultant who was to identify the location of the next primary commercial service airport in the state. I expect additional work on this bill during the 2010 interim. 2. Expansion of the Wrongful Death Statute (2ESSB 6508), Senator Fairley, 32nd District, Lake Forest Park area The Legislature has provided for legal action and recovery of damages for a person’s wrongful death. These actions are 1) general wrongful death statute, 2) child death statute, 3) general survival statute, and 4) special survival statute. The last iteration of this bill made the following changes to existing statutes: • Allowed a wrongful death action by the parents of a deceased adult child if the parents had “significant involvement in the adult child’s life.” Present law allows a parents’ action if the parents are financially dependent upon the adult child for support; • In such cases, this bill permitted damages for economic and noneconomic damages. Current statutory law does not list the damages recoverable although case law lists some damages: this bill was an extension of case law damages. • The child death statute was amended to provide that each parent, separately from the other, is entitled to recover for his or her own loss regardless of marital status. Packet Page 84 of 196 21 • The special survival statute was amended to allow for the recovery of noneconomic damages. This version of the bill did not allow joint and several liability to apply against state and local governments, so that each public agency would be liable for their proportion of fault. The bill was opposed by cities as a potentially quite large increase in wrongful death payments. 3. Street Utility (HB 2618/SB 6616), Representative Liias, 21st District, Edmonds, Lynnwood, Mukilteo area, and Senator Jacobsen, 46th District, NE Seattle The bill permitted cities to establish a jurisdiction-wide street maintenance utility (SMU) and to impose charges to fund the maintenance, preservation, and operation of streets. The SMU is based on a per trip charge rate. SMU rates would apply to residents, businesses, governmental entities and other users in the SMU service area. SMU rates must be uniform for the same class of ratepayers and must be established using sound engineering principles; SMU rates may take into account the following: • A base level of operations cost component • User location • Time of use • Number and type of vehicle associated with the household unit, government entity, or business In addition to findings of need and rate schedules, the city ordinance establishing the SMU must: • Create a SMU advisory committee, • A referendum procedure for the ordinance, and • Appeal provisions allowing ratepayers to challenge a rate, a rate classification, and the base rate. Permissible uses for the SMU were maintaining, operating, and preserving streets, bridges, gutters, curbs, and sidewalks. Rates may be phased in. Packet Page 85 of 196 22 4. Limiting the Use of Automated Traffic Safety Cameras (HB 2780), Representative Hurst, 31st District, SE King County area Under current law, cities are authorized to use automated traffic safety cameras (sometimes referred to as “photo radar”) under specific statutory conditions, among them that the compensation paid to the equipment vendor must be based on the value of the equipment and services rendered and not upon a portion of the fine. Some legislators maintained that cities were charging exorbitant rates for intersection red light violations and were reducing the yellow light time to catch more violators. HB 2780 did the following: • The yellow light duration is required to be at least four seconds at any intersection where an automated traffic safety camera is installed. • The fine for an infraction generated by an automated traffic safety camera is limited to $25. • Limited the process by which a registered owner declared that they were not operating the vehicle at the time of the infraction. 5. Changing Timing of Impact Fee Payments (ESHB 3067), Representative Williams, 22nd District, Olympia area Under current law, GMA counties may assess developers an impact fee that provides partial payment for public facilities needed to serve the new development. Payment is generally due as a condition of development approval. ESHB 3067 mandated that King and Snohomish counties provide a process for the payment of impact fees as part of a covenant and not at development approval. This process was part of a pilot project in Pierce County and in the City of Sammamish where developers argued that more upfront payment of impact fees discouraged development at a time when the construction industry has high unemployment. In opposition, cities argued that cities can do this now under current law, and this bill amounts to a mandate to delay impact fee payments. The final iteration of the bill required the payment of the impact fee at the earlier of 12 months after the permit issuance or at closing whichever came earlier. The amendments also changed the word covenant to the word lien. Packet Page 86 of 196 23 6. Creating a Cap on Hearing Examiner Fees (SB 5621), Senator Kline, 37th District, SE Seattle Cities and counties are authorized to hire or contract with a hearing examiner to conduct administrative or quasi-judicial proceedings including such land use issues as conditional uses, variances, shoreline permits, preliminary plat approvals, and rezones. Cities and counties can charge fees for such decisions. SB 5621 capped the hearing examiner fee at $200, the existing statutory rate established for superior court filing fees for judicial review of an agency action. The bill’s proponent argued the higher hearing examiner fees assessed by most cities served as a deterrent to citizens wanting a rezone or plat approval. Cities argued the lower fee did not cover their costs. 7. Privatization of State Liquor Stores (HB 3189), Representative Alexander, 20th District, Thurston and Lewis counties; (SB 6840) Senator Tom, 48th District, Bellevue Washington is one of eighteen liquor control states in which the state has a monopoly over the distribution and sale of specified types of liquor. The state Liquor Control Board (LCB) determines where liquor stores are established and the number of stores in each area of the state. The LCB also appoints contract liquor stores in areas of the state where no liquor stores are located. There are approximately 160 state liquor stores and 155 contract liquor stores in the state. The state “marks up” the cost of liquor and adds taxes to the cost. The resulting “liquor profits and taxes” are distributed to the state, cities, and counties. HB 3189 states in the intent section that it is in the best interests of the state to consider how to implement a full contract liquor store system. The state must convert at least 20 state liquor stores to contract stores by July 1, 2012, and convert an additional 10 higher volume stores by July 1, 2011 on a pilot basis. The LCB must also study the contracting out of the state’s retail sale of liquor and report to the legislature by December 31, 2012. Pursuant to SB 6840, the LCB, the state Department of Revenue, and the Office of Financial Management, must present a plan to the legislature by December 1, 2010 that will cease all state liquor distribution by July 1, 2012, and that will Packet Page 87 of 196 24 generate the same projected revenue from liquor profits and taxes in the future for the state and local jurisdictions. 8. Financing Operations and Capital Needs of Transit Agencies (HB 2855), Rep. Liias, 21st District, Edmonds, Lynnwood, and Mukilteo areas There are 28 public transit systems operating in the state. Transit systems can be formed under different governance structures, including public transportation benefit areas (PTBAs), metropolitan municipal corporations (Metros), county transportation authorities, city-owned transit systems, and regional transit authorities (RTAs). To fund capital and operating public transportation expenses, public transit systems are authorized to seek voter approval of up to 0.9 sales and use tax. Most transit systems may seek voter approval of a B&O tax and a household tax in lieu of a sales tax. Fares may be set and increased by the transit agency’s governing body without voter approval. Pursuant to HB 2855, the governing body of a public transit system is authorized to impose by majority vote of the governing body up to $20 in vehicle fees on vehicles registered to owners who reside within the boundaries of the public transit system. Public transit systems in King, Pierce, Snohomish, and Kitsap counties are authorized to seek voter approval of up to $30 in vehicle fees. Both authorizations are temporary and expire in four years. The bill included language to prevent no “stacking” of fees (only one can impose the fee) when a public transit system overlaps with a Transportation Benefit District (TBD). The bill also directed a study to guide future investments in public transportation. The study language was included in the supplemental transportation budget (ESSB 6381) discussed under Bills that Passed . 9. Reclassifying Possession of 40 Grams of Less of Marijuana from a Misdemeanor to a Class 2 Civil Infraction (HB 1177 / SB 5615) Under current law, marijuana is a Schedule I controlled substance (schedule I-V, with schedule I being the most controlled). The possession of 40 grams or less of marijuana is a misdemeanor offense. All other offenses relating to the possession, manufacturing, delivering or possessing with intent to deliver marijuana are Packet Page 88 of 196 25 considered level I, class C felony offenses. The maximum punishment for a class C felony is five years imprisonment, $10,000 fine, or both. It is a misdemeanor offense to use drug paraphernalia to plant, cultivate, grow, manufacture, conceal, ingest, inhale, or otherwise introduce a controlled substance into the human body. The punishment for a misdemeanor offense if a maximum of 90 days in jail, a fine of $1,000, or both. In addition, all persons convicted of a misdemeanor violation under the Uniform Controlled Substances Act must receive a mandatory minimum punishment of no less than 24 hours in jail and a fine of no less than $250. Pursuant to HB 1177 and SB 5615, both bills initially introduced in 2009, it is a misdemeanor offense for a person under the age of 18 to possess 40 grams or less of marijuana. All other persons found guilty of possession of 40 grams or less of marijuana are guilty of a class 2 civil infraction and must pay a $100 penalty. It is a misdemeanor offense for a person under the age of 18 to unlawfully use drug paraphernalia. Any person over of the age of 18 found to have unlawfully used drug paraphernalia with marijuana and where no other controlled substance we used is guilty of a class 2 civil infraction and must pay a $100 penalty. Police officers do not have the authority to arrest a person who they have probably cause to believe is committing a misdemeanor or gross misdemeanor involving only the use of or possession of cannabis. 10. Cap and Trade/Climate Change (E2SSB 5735), Senator Rockefeller, 23rd District, Kitsap County Last year’s major greenhouse gas emissions reduction bill, E2SSB 5735, was not advanced in 2010. The state is waiting for action on this issue at the federal level. The last version of the 2009 bill had the following elements: • Required the state Department of Ecology (DOE) to develop its "best estimate" of emissions levels in 2012 for government agencies and persons that emit 25,000 metric tons of carbon dioxide equivalent or greater each Packet Page 89 of 196 26 year and calculate the emissions reductions necessary in order to meet the 2020 emission reduction requirements in the state which are: o by 2020, overall emission reductions of greenhouse gases in the state to 1990 levels; o by 2035, reductions to 25% below 1990 levels; o by 2050, reductions to 50% below 1990 levels. • Required DOE to work with stakeholders to plan emission reduction estimates by February 15, 2010; stakeholders may submit recommendations on how to achieve the required emission reductions by July 15, 2010; DOE must report to the legislature by December 1, 2010, on how the state will achieve the required emission reductions by 2020; the report must also assess economic sectors where reductions in greenhouse gases cannot be realized as well as an assessment on the sectors that are necessary to the economic vitality of the state. Packet Page 90 of 196 27 Packet Page 91 of 196 AM-3106 5. Renewing Interim Zoning Ordinance No. 3769 Edmonds City Council Meeting Date:06/01/2010 Submitted By:Rob Chave Time:30 Minutes Department:Planning Type:Action Review Committee: Committee Action: Information Subject Title Public hearing, followed by action, renewing interim zoning Ordinance No. 3769, which defined Temporary Homeless Shelter and identified zoning districts where temporary homeless shelters are permitted. Recommendation from Mayor and Staff Approve adoption of an interim zoning ordinance extending the interim zoning provisions. Previous Council Action Council adopted Ordinance #3769 on December 15, 2009. Narrative Council adopted Ordinance #3769 on December 15, 2009 which amended the zoning code to provide for temporary homeless shelters. By adopting the proposed ordinance, the Council will extend the provisions while the Planning Board completes its recommendations on the issue. Fiscal Impact Attachments Link: Exhibit 1: Proposed Ordinance Link: Exhibit 2: Ordinance 3769 Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 05/27/2010 12:06 PM APRV 2 Mayor Gary Haakenson 05/27/2010 12:08 PM APRV 3 Final Approval Sandy Chase 05/27/2010 12:10 PM APRV Form Started By: Rob Chave  Started On: 05/26/2010 09:49 PM Final Approval Date: 05/27/2010 Packet Page 92 of 196 {BFP788184.DOC;1\00006.900150\ } - 1 - 0006.90000 BFP/ 05/12/10 ORDINANCE NO. _______ AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, RENEWING INTERIM ZONING ORDINANCE NO. 3769, WHICH DEFINED TEMPORARY HOMELESS SHELTER AND INDENTIFIED ZONING DISTRICTS WHERE TEMPORARY HOMELESS SHELTERS ARE PERMITTED, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, RCW 36.70A.390 and 35A.63.220 authorize and permit cities to adopt and renew interim zoning regulations provided that certain conditions are met; and WHEREAS, interim ordinance no. 3769 was adopted by the City to establish zoning districts where temporary homeless shelters are permitted on an interim basis until the Edmonds Planning Board can thoroughly review and recommend to the City Council a set of permanent regulations; and WHEREAS, despite its diligence, the Edmonds Planning Board has not been able to finalize its review and recommendation on the issue; and WHEREAS, the Planning Board estimates that a period not to exceed six months is necessary to complete its review and recommendation; and WHEREAS, the City Council held a public hearing on renewal of interim ordinance no. 3769 on _______________, 2010, and after considering all testimony received, determined to renew said interim ordinance as provided herein; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Packet Page 93 of 196 {BFP788184.DOC;1\00006.900150\ } - 2 - Section 1. Findings. a) The findings as set forth in the “WHEREAS” clauses of the instant interim ordinance are adopted and incorporated herein by this reference. The City Council hereby makes the following findings in support of renewing interim ordinance no. 3769: b) All findings by the City Council in support of interim ordinance no. 3769 are adopted and incorporated herein by this reference. c) Section 2. Interim ordinance no. 3769, which was originally adopted on December 15, 2009, is hereby renewed and made effective through December 15, 2010, unless sooner repealed, replaced by permanent regulations or renewed by a subsequent ordinance. Section 3. Planning Board Work Plan Section 4. . The Edmonds Planning Board is directed to continue and complete its review of interim ordinance no. 3769, to conduct such public hearings as may be necessary or desirable, and to make a recommendation on a set of final regulations to replace interim ordinance no. 3769. The Planning Board should forward its recommendation to the City Council in sufficient time for the City Council to consider and take action prior to December 15, 2010 when interim ordinance no. 3769 is set to expire. Severability Section 5. . If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Effective Date. This ordinance, being an exercise of a power specifi- cally delegated to the City legislative body, is not subject to referendum, and shall take effect Packet Page 94 of 196 {BFP788184.DOC;1\00006.900150\ } - 3 - five (5) days after passage and publication of an approved summary thereof consisting of the title. APPROVED: MAYOR GARY HAAKENSON ATTEST/AUTHENTICATED: CITY CLERK, SANDRA S. CHASE APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY W. SCOTT SNYDER FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. Packet Page 95 of 196 {BFP788184.DOC;1\00006.900150\ } - 4 - SUMMARY OF ORDINANCE NO. __________ of the City of Edmonds, Washington On the ____ day of ___________, 2010, the City Council of the City of Edmonds, passed Ordinance No. _____________. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, RENEWING INTERIM ZONING ORDINANCE NO. 3769, WHICH DEFINED TEMPORARY HOMELESS SHELTER AND INDENTIFIED ZONING DISTRICTS WHERE TEMPORARY HOMELESS SHELTERS ARE PERMITTED, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this _____ day of ________________, 2010. CITY CLERK, SANDRA S. CHASE Packet Page 96 of 196 Packet Page 97 of 196 Packet Page 98 of 196 Packet Page 99 of 196 Packet Page 100 of 196 Packet Page 101 of 196 AM-3107 6. Renewing Interim Ordinance 3779 Edmonds City Council Meeting Date:06/01/2010 Submitted By:Rob Chave Time:20 Minutes Department:Planning Type:Action Review Committee: Committee Action: Information Subject Title Public hearing, followed by action, renewing Interim Ordinance 3779, amending the provisions of ECDC 20.110.040(F), Monetary Penalties, clarifying the impact of the amendment on existing code enforcement actions. Recommendation from Mayor and Staff Approve adoption of the ordinance extending the interim zoning provisions (Exhibit 2). Previous Council Action Council adopted Ordinance #3779 on January 19, 2010 (see Exhibit 3). Narrative Council adopted Ordinance #3779 on January 19, 2010 which amended the ECDC 20.110 to clarify city enforcement actions and the process for assessing fines. By adopting the proposed ordinance, the Council will extend the provisions while the Planning Board completes its recommendations on the issue. Fiscal Impact Attachments Link: City Attorney Memo Link: Proposed Ordinance Link: Exhibit 2: Ordinance 3779 Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 05/27/2010 12:06 PM APRV 2 Mayor Gary Haakenson 05/27/2010 12:08 PM APRV 3 Final Approval Sandy Chase 05/27/2010 12:10 PM APRV Form Started By: Rob Chave  Started On: 05/26/2010 10:01 PM Final Approval Date: 05/27/2010 Packet Page 102 of 196 {WSS790097.DOC;1\00006.900000\ }A Member of the International Lawyers Network with independent member law firms worldwide 1601 Fifth Avenue, Suite 2100 • Seattle, WA 98101-1686 • 206.447.7000 • Fax: 206.447.0215 Web: www.omwlaw.com MEMORANDUM DATE: May 24, 2010 TO: Edmonds City Council City of Edmonds FROM: W. Scott Snyder, Office of the City Attorney RE: Interim Ordinance -- Code Enforcement Procedures Conformance to the City’s code enforcement procedures to the Supreme Court’s decision in Post v. Tacoma is before the Planning Board. The Planning Board has been introduced to the subject, will provide a long-term ordinance shortly and will be holding a public hearing. Given the volume of matters which have been forwarded to it, it has not had an opportunity to address the issue. The draft interim ordinance contains an additional provision. Section 3 of the interim ordinance was not contained in the initial ordinance. It clarifies that appeals to the Superior Court will be taken in accordance with Chapter 36.70C RCW, the Land Use Petition Act (LUPA) process. The existing City ordinance provides for a 10-day appeal period and does not refer to LUPA. LUPA has a 30-day appeal period. The Code should be conformed to state statute in order to provide better notice to your citizens of their potential appeal route. WSS/gjz Packet Page 103 of 196 {WSS756749.DOC;1\00006.900000\ } - 1 - 0006.90000 WSS/gjz 12/30/09 R:5/18/10gjz ORDINANCE NO. _______ AN INTERIM ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE PROVISIONS OF ECDC 20.110.040(F) MONETARY PENALTIES IN ORDER TO CLARIFY THE IMPACT OF THE AMENDMENT ON EXISTING CODE ENFORCEMENT ACTIONS, AMENDING ECDC 20.110.040(D) TO CLARIFY APPEAL PROCEDURES TO SUPERIOR COURT, PROVIDING FOR NOTICE PURSUANT TO RCW 36.70A.106, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, the Washington State Supreme Court in its decision in Post v. Tacoma, 217 P.3d 1179 (2009) has determined that code enforcement procedures which provide for continuing penalties without the opportunity for appeal is a violation of due process; and WHEREAS, Chapter 20.110 ECDC provides for specific notice of violation [ECDC 20.110.040(A)(2)] and of repeat violations [ECDC 20.110.040(B)(2)]; and WHEREAS, the code enforcement procedures also provide for notice of violation and appeal [ECDC 20.110.040(B) and (C)]; and WHEREAS, however, ECDC 20.110.040(F) provides for continuing violations with the imposition of a fine without the specific provision for additional notice of hearing; and WHEREAS, ECDC 20.110.040(D) should be clarified to specify appeal by Chapter 35.70C RCW to provide explicit appeal information; and WHEREAS, the City Council deems it to be in the public interest to clarify that continuing violations shall be accompanied by additional notice of violation and opportunity for hearing; and Packet Page 104 of 196 {WSS756749.DOC;1\00006.900000\ } - 2 - WHEREAS, RCW 36.70A.390 provides for the imposition of interim zoning controls without a public hearing, subject to a public hearing within sixty (60) days; and WHEREAS, this ordinance has been referred to the Planning Board for review and recommendation; and WHEREAS, the Planning Board due to a heavy work load, has begun review but has been unable to make a recommendation; and WHEREAS, the Planning Board estimates that an additional 60-90 days may be required for it to hold a public hearing and to make a recommendation; and WHEREAS, a public hearing was held on ____________, 2010 pursuant to RCW 36.70A.390; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. There is hereby adopted as an interim zoning control, the following revision of ECDC 20.110.040 Enforcement Procedures 20.110.040 Enforcement procedures. , (F) Monetary Penalties, to read as follows: . . . F. Monetary Penalties. Except where a different penalty is specifically established by this code, violations shall be assessed at the rate of $100 per day or a portion of day thereof, for each and every day after the service of the notice of civil violation. The violations Hearing Examiner may also grant an extension of the date upon which fines begin in order to allow for a reasonable period of abatement. Such extension shall not exceed ten (10) calendar days. Following a finding of the Hearing Examiner of the existence of a violation at the appeal hearing on the expiration of the appeal period, continuing fines may be assessed by the provision of additional notice of civil violation pursuant to 20.110.040(B)(2) and an opportunity for hearing. No additional Packet Page 105 of 196 {WSS756749.DOC;1\00006.900000\ } - 3 - fine for a continuing violation may be assessed without the provision of notice and the opportunity for a hearing. . . . Section 2. Any pending code violation which is subject to the accrual of additional fines based upon a notice of civil violation shall be immediately stayed. At the discretion of the Community Services Director or his/her designee, the staff may provide for either notice of repeated violation pursuant to the provisions of 20.110.040(B)(2) followed by an opportunity for hearing, or dismissal of the pending code enforcement action and refiling by the provision of a new notice of civil violation under 20.110.040(B). Section 3. Section ECDC 20.110.030 Enforcement procedures 20.110.040 Enforcement procedures , Section D Appeal to Superior Court is amended to read as follows: . . . D. Appeal to Superior Court. The determination of the Hearing Examiner is final and shall be appealable to Superior Court in accordance with Chapter 36.70C RCW. Section 4. Notice of the adoption of this ordinance shall be provided to the Washington State Department of Community, Trade and Economic Development. Section 5. Effective Date APPROVED: . This ordinance, being an exercise of a power specifi- cally delegated to the City legislative body, is not subject to referendum, and shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. MAYOR GARY HAAKENSON Packet Page 106 of 196 {WSS756749.DOC;1\00006.900000\ } - 4 - ATTEST/AUTHENTICATED: CITY CLERK, SANDRA S. CHASE APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY W. SCOTT SNYDER FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. Packet Page 107 of 196 {WSS756749.DOC;1\00006.900000\ }- 5 - SUMMARY OF ORDINANCE NO. __________ of the City of Edmonds, Washington On the ____ day of ___________, 2010, the City Council of the City of Edmonds, passed Ordinance No. _____________. A summary of the content of said ordinance, consisting of the title, provides as follows: AN INTERIM ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE PROVISIONS OF ECDC 20.110.040(F) MONETARY PENALTIES IN ORDER TO CLARIFY THE IMPACT OF THE AMENDMENT ON EXISTING CODE ENFORCEMENT ACTIONS, AMENDING ECDC 20.110.040(D) TO CLARIFY APPEAL PROCEDURES TO SUPERIOR COURT, PROVIDING FOR NOTICE PURSUANT TO RCW 36.70A.106, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this _____ day of ________________, 2010. CITY C LERK, SANDRA S. CHASE Packet Page 108 of 196 Packet Page 109 of 196 Packet Page 110 of 196 Packet Page 111 of 196 Packet Page 112 of 196 Packet Page 113 of 196 AM-3108 7. Renewing Interim Ordinance 3780 Edmonds City Council Meeting Date:06/01/2010 Submitted By:Rob Chave Time:20 Minutes Department:Planning Type:Action Review Committee: Committee Action: Information Subject Title Public hearing, followed by action, renewing interim Ordinance 3780, adopting certain procedures with respect to the abandonment, construction and authorization of public projects and street vacations and dedications. Recommendation from Mayor and Staff Approve adoption of the ordinance extending the interim zoning provisions (Exhibit 1). Previous Council Action Council adopted Ordinance #3779 on January 19, 2010 (see Exhibit 2). Narrative Council adopted Ordinance #3780 on January 19, 2010 which amended the Edmonds Community Development Code to re-establish procedures requiring Hearing Examiner review for certain public projects and approvals. By adopting the proposed ordinance, the Council will extend the provisions while the Planning Board completes its recommendations on the issue. Fiscal Impact Attachments Link: Exhibit 1: Proposed Ordinance Link: Exhibit 2: Ordinance 3780 Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 05/27/2010 12:06 PM APRV 2 Mayor Gary Haakenson 05/27/2010 12:08 PM APRV 3 Final Approval Sandy Chase 05/27/2010 12:10 PM APRV Form Started By: Rob Chave  Started On: 05/26/2010 10:13 PM Final Approval Date: 05/27/2010 Packet Page 114 of 196 {WSS791058.DOC;1\00006.900000\ } - 1 - 0006.90000 WSS/gjz 5/27/10 ORDINANCE NO. _______ AN INTERIM ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ADOPTING CERTAIN PROCEDURES WITH RESPECT TO THE ABANDONMENT, CONSTRUCTION AND AUTHORIZATION OF PUBLIC PROJECTS, STREET VACATIONS AND DEDICATIONS, PROVIDING FOR FILING WITH THE WASHINGTON STATE DEPARTMENT OF COMMUNITY TRADE AND ECONOMIC DEVELOPMENT, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE AND PROVIDING FOR EXPIRATION. WHEREAS, the City of Edmonds Comprehensive Plan, Effect Of Plan, Sections B and C establishes procedure for Hearing Examiner review and advisory recommendation to the City Council, and WHEREAS, such provisions have been in effect for many years and, while superseded by the City’s Comprehensive Facilities Plan and other procedures mandated by the Growth Management Act, remain in full force and effect, and WHEREAS, there are no implementing provisions within the City’s Community Development Code, and the Comprehensive Plain is not self executing, and WHEREAS, the City is obligated to maintain consistency between its Comprehensive Plan and Zoning Code in order to remain in compliance with the requirements of the Growth Management Act, Chapter 36.70A RCW, and WHEREAS, the Edmonds Planning Commission has scheduled a public hearing regarding the interim ordinance but has not yet returned its recommendation, and WHEREAS, a public hearing was held June 1, 2010 regarding extension of the Packet Page 115 of 196 {WSS791058.DOC;1\00006.900000\ } - 2 - existing interim ordinance, and WHEREAS, the City Council deems it to be in the public interest to: A. Adopt interim zoning procedures to ensure compliance with the provisions of the City’s Comprehensive Plan; and B. Continue with review of the aforementioned provisions of the Comprehensive Plan for review in the 2010 Comprehensive Plan amendment process, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The following interim zoning procedures are hereby established to be administered in conjunction with the procedural requirements of Title 20 of the Edmonds Community Development Code: 1.1 Public Projects 1.1.1 A proposal to construct or authorize any of the public properties detailed in Section 1.1 which are listed on the Capital Facilities Plan, Parks Plan, Capital Improvements Plan or other Comprehensive Plan element may be heard either individually or as a group. The hearing before the Hearing Examiner for the construction or authorization of any project so listed in the Comprehensive Plan shall be listed on the Hearing Examiner’s agenda, and notice published on the City’s web site and on City bulletin boards. No street, park or other public way, ground, place, space or public building or structure, or utility (whether publicly or privately owned) shall be abandoned, constructed or authorized until the Hearing Examiner has reviewed and reported to the City Council the location, extent and consistency with the Comprehensive Plan. The Hearing Examiner’s report shall be advisory only. Packet Page 116 of 196 {WSS791058.DOC;1\00006.900000\ } - 3 - 1.2. Notice of the Hearing Examiner review of a public project, construction or authorization not shown on a Comprehensive Plan element shall be individually noticed in accord with ECDC 20.03.002. By way of illustration and not limitation, such procedures shall include posting, published notice and mailed notice to property owners within three hundred (300) feet of the project. 1.2. Street Vacations and Dedication. The Comprehensive Plan shall be consulted prior to the establishment, improvement, abandonment or vacation of any street. No dedication of any street or other area for public use shall be accepted by the City Council until its location, character, extent and effect thereof shall be considered by the Hearing Examiner with respect to the Comprehensive Plan. The Hearing Examiner’s report shall be provided to the City Council with respect to the abandonment, vacation or dedication of any street or other right of way in public use. Dedications within the short subdivision process which do not require City Council acceptance of the dedication are exempt from this requirement. In any development permit process which has been delegated to the Hearing Examiner under the provisions of the Edmonds Community Development Code and includes the dedication of a street or other area for public use, the Hearing Examiner shall consider whether the action is consistent with the Comprehensive Plan as a part of the Hearing Examiner’s determination on the underlying permit. 1.2.1 Hearing Examiner review shall be substituted for the Planning Board review provided for in Chapter 20.65.010 during the life of this interim ordinance. The hearing procedures and notification for any other process shall be consistent with the requirements of ECDC Chapter 20.65 and as a Type V procedure. 1.2.2 Review of a dedication with a permit shall be processed in the same manner as the underlying development permit. Packet Page 117 of 196 {WSS791058.DOC;1\00006.900000\ } - 4 - 1.2.3 Street vacations shall be processed as provided in Chapter 20.70 ECDC, provided, however, that the Hearing Examiner shall hold a hearing prior to City Council consideration. Section 2. These interim zoning procedures are adopted pursuant to the authorization of Chapter 36.70A RCW. A public was held on the adoption of these procedures on June 1, 2010. Section 3. Notice of the adoption of this interim ordinance shall be provided to the Washington State Department of Community, Trade and Economic Development. Section 4. Effective Date Section 5. The adoption of an interim zoning procedure shall expire on its own terms six months after its effective date unless extended by act of the City Council. . This ordinance, being an exercise of a power specifi- cally delegated to the City legislative body, is not subject to referendum, and shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. APPROVED: MAYOR GARY HAAKENSON ATTEST/AUTHENTICATED: CITY CLERK, SANDRA S. CHASE APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY W. SCOTT SNYDER Packet Page 118 of 196 {WSS791058.DOC;1\00006.900000\ } - 5 - FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. Packet Page 119 of 196 {WSS791058.DOC;1\00006.900000\ }- 6 - SUMMARY OF ORDINANCE NO. __________ of the City of Edmonds, Washington On the ____ day of ___________, 2010, the City Council of the City of Edmonds, passed Ordinance No. _____________. A summary of the content of said ordinance, consisting of the title, provides as follows: AN INTERIM ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ADOPTING CERTAIN PROCEDURES WITH RESPECT TO THE ABANDONMENT, CONSTRUCTION AND AUTHORIZATION OF PUBLIC PROJECTS, STREET VACATIONS AND DEDICATIONS, PROVIDING FOR FILING WITH THE WASHINGTON STATE DEPARTMENT OF COMMUNITY TRADE AND ECONOMIC DEVELOPMENT, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE AND PROVIDING FOR EXPIRATION. The full text of this Ordinance will be mailed upon request. DATED this _____ day of ________________, 2010. CITY CLERK, SANDRA S. CHASE Packet Page 120 of 196 Packet Page 121 of 196 Packet Page 122 of 196 Packet Page 123 of 196 Packet Page 124 of 196 Packet Page 125 of 196 Packet Page 126 of 196 AM-3088 8. Title 19 Revisions - Adopting Updated International Building Codes Edmonds City Council Meeting Date:06/01/2010 Submitted By:Leonard Yarberry Time:30 Minutes Department:Building Type:Action Review Committee:Community/Development Services Committee Action:Recommend Review by Full Council Information Subject Title Public hearing, followed by action, on a proposed Ordinance amending Edmonds Community Development Code Title 19, adopting updated International Building Codes. Recommendation from Mayor and Staff Move to adopt the attached Ordinance adopting the 2009 International Codes and amending Title 19 of the ECDC. Previous Council Action Reviewed by Community/Development Services Committee Narrative The 2009 International Building Codes, as amended by the State, become effective statewide on July 1, 2010. The Ordinance attached adopts the 2009 codes as stipulated under the RCW and provides amendments that blend the codes into the framework of the ECDC. Additionally there are some proposed language changes to the ECDC to help eliminate redundancies, delete superseded codes and to simplify the format. A more detailed narrative is attached. Fiscal Impact Attachments Link: Attachment 1 - Narrative Link: Attachment 2 - Ordinance Link: Attachment 3 - Analysis of revisions Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 05/27/2010 12:06 PM APRV 2 Mayor Gary Haakenson 05/27/2010 12:08 PM APRV 3 Final Approval Sandy Chase 05/27/2010 12:10 PM APRV Form Started By: Leonard Yarberry  Started On: 05/18/2010 11:52 AM Final Approval Date: 05/27/2010 Packet Page 127 of 196 Packet Page 128 of 196 Narrative City Council Agenda Item 8 Council meeting: June 1, 2010 Addenda item: Title 19 Revisions – Adoption of updated International Building Codes This item was discussed by the Community/Development Services committee on May 11th . In the State of Washington building codes are adopted and amended at the State level as required by the State Building Code Act of 1974 (RCW 19.27). Building codes are revised nationally on a 3 year cycle and these are reviewed and amended by the State Building Code Council and adopted by the Legislature. The 2009 International Building Codes have been adopted by the State and become effective on July 1, 2010. Background: Locally we adopt and amend the State Building Code so it will be become a part of our municipal code. This allows for our own administrative control, enforcement and appeal procedures. The attached ordinance provides for the adoption of the codes as adopted and amended by the State of Washington, these include the Building Code, Residential Code, Mechanical Code, Fuel Gas Code, Plumbing Code and Energy Code. Additionally the ordinance adopts the Existing Building Code, Property Maintenance Code and Performance Code. These additional adoptions provide added tools to more effectively deal with unique situations, such as historic and existing buildings, and problems associated with dangerous and hazardous buildings. Proposed Ordinance: The ordinance as crafted substantially maintains the requirements of the ECDC as it is currently written. The format has been revised to reduce the volume of code language and to simplify its use. The attached Exhibit provides an analysis of the revisions and helps to explain the format changes. A separate ordinance will adopt the 2009 Fire Code and revisions to the Marina Code. 1) A significant difference is that the proposed ordinance consolidates the administration of the adopted codes. Each adopted code has its own separate administrative section, which can be difficult for the user to ensure they are using the correct provision. The ordinance sets up the administrative provisions found in chapter one (1) of the International Building Code (IBC) for administration of the Building, Residential , New language and changes Packet Page 129 of 196 Mechanical and Plumbing code. The chapter has been amended as needed to make the transition from code to code. 2) Work exempt from a permit has a couple of proposed modifications in the attached ordinance. a) The first draft included a revision to the retaining wall exemption. During the committee meeting there was discussion and concern express. It my subsequent research I noted that with the present restrictions on rockeries the revision originally proposed is somewhat redundant. This has been removed and the language reflects the present code language un-amended. b) The City presently provides an exemption on residential buildings for the replacement of windows and doors. These exemptions are specific to Edmonds and not general code exemptions. The problems of water and moisture infiltration from improperly installed exterior components can lead to structural damage and well as mold problems. Additional there are specific code provisions for windows related to fire egress, safety glazing and energy efficiency. This was discussed during the committee meeting. I conducted a survey of other jurisdictions to determine how they approach the issue. Some exempt this items, other do not. Of the ones that do the most common language provides for an exemption provided that safety glazing and/or egress is not an issue. This then puts the responsibility back to the contractor/homeowner. Siding and door exemptions are common and again this type of exemption places the responsibility for proper installation on the contractor/homeowner. I have provided three (3) options in the proposed ordinance. This first keeps the existing language in the ECDC. The second allows replacement to be exempt where there is not a code requirement for fire egress windows or safety glazing. In this option doors is exempt. The third option would eliminate the exemptions completely and require a permit for this work. c) The City provides a permit exemption for replacement of individual deck members, joist, stair treads and rails. There are specific code requirements related to proper materials, installation, sizing and safety that are pertinent to exterior decks and railings. As with the item above I have included two options for consideration. The first maintains the current language exempting these items from permit. The second would eliminate the exemption. 3) In 2008 the Council provided some extensions to permits application timelines in an effort to ease the impact of the economic environment. Then in 2009 an ordinance was enacted to provide temporary relief on permit expiration timelines. Both of these ordinances have specified sunset dates. The current municipal code incorporated these two provisions by reprinting complete code sections three times with the effective dates used to separate which was to apply when. The attached ordinance takes those two ordinances and places them in the introductory statement of the section. This eliminates approximately 14 pages of code (due to repeating language) but has exactly the same effect. Packet Page 130 of 196 4) New additions to Title 19 include the Property Maintenance Code, which replaces the 1997 Abatement of Dangerous Buildings Code and 1997 Uniform Housing Code. The Existing Building Code replaces the Washington State Historic Building code that is no longer supported by the State. Finally the Performance Code is added as a tool to assist in evaluation of complex projects that may not lend to prescriptive code provisions. The Council discussion on June 1st will be a public hearing, followed by Council action on the attached adoptive ordinance. Packet Page 131 of 196 {WSS790568.DOC;1\00006.900000\ } 5/27/2010 3:10 PM - 1 - 0006.90000 WSS/gjz 5/11/10 R:5/27/10gjz ORDINANCE NO. _______ AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, REPEALING AND ENACTING THE PROVISIONS OF AND ENACTMENT OF CHAPTERS 19.00 BUILDING CODE; 19.05 RESIDENTIAL BUILDING CODE; 19.05 MECHANICAL CODE AND FUEL GAS CODE; 19.20 PLUMBING CODE; 19.30 ENERGY CODE; 19.40 INTERNATIONAL PROPERTY MAINTENANCE CODE; CHAPTER 19.50 INTERNATIONAL EXISTING BUILDING CODE; CHAPTER 19.55 ELECTRICAL CODE; REPEALING CHAPTER 19.35 VENTILATION CODE RCW TO ADOPT NEW PROVISIONS OF THE STATE BUILDING CODE AND REVISIONS THERETO, AND TO RESTRUCTURE TITLE 19, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, Chapter 19.27 establishes the State Building code and requires each jurisdiction to enforce the provisions of the State Building code, and WHEREAS, pursuant to Chapter 19.27.060, the City has the ability to amend administrative provisions of the State Code, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The Edmonds Community Development Code Title 19 is hereby amended by the repeal of Chapter 19.00 and the adoption of a new Chapter 19.00 relating to Building Code, to read as follows: Chapter 19.00 BUILDING CODE Sections: 19.00.000 Purpose. Packet Page 132 of 196 {WSS790568.DOC;1\00006.900000\ } 5/27/2010 3:10 PM - 2 - 19.00.005 Referenced codes 19.00.010 Conflict between codes 19.00.015 Administrative provisions 19.00.020 International Building code adopted 19.00.025 International Building code section amendments 19.00.030 Architectural design review – Optional vesting. 19.00.040 Excluding nonconforming religious building from certain requirements. 19.00.000 Purpose The purpose of the codes and regulations adopted in this title is to provide minimum standards to safeguard life, health, property and public welfare by regulating and controlling the design, construction, quality of materials, use and occupancy, location and maintenance of all buildings and structures within the City of Edmonds. It is not the purpose or intent to create or designate any particular class or group of persons to be especially protected or benefited, nor is it intended to create any special relationship with any individual 19.00.005 Referenced codes Where the following codes are referenced within any of the codes adopted and amended in this title, they shall be substituted as follows: A. International Building Code” shall mean the Building Code as adopted and amended in this title. B. “International Residential Code” shall mean the Residential Building Code as adopted and amended in this title. C. “International Mechanical Code” shall mean the Mechanical Code as adopted and amended in this title. D. “International Fuel Gas Code” shall mean the Fuel Gas Code as adopted in Chapter 19.27 RCW and in accordance with the mechanical code as adopted and amended in this title. E. “International Fire Code” shall mean the Fire Code as adopted and amended in this title. F. “Uniform Plumbing Code” shall mean the Plumbing Code as adopted and amended in this title. Packet Page 133 of 196 {WSS790568.DOC;1\00006.900000\ } 5/27/2010 3:10 PM - 3 - G. “Washington State Energy Code” shall mean the Energy Code as adopted and amended in this title. H. The “National Electrical Code” shall mean the Electrical Code as adopted and amended in this title. I. “International Existing building code” shall mean the existing Building Code as adopted and amended in this title. J. International Property Maintenance Code shall mean the property maintenance code as adopted and amended in this title. K. International Code Council Performance Code shall mean the performance code as adopted and amended in this title. 19.00.010 Conflict between Codes In case of conflict among any of the codes referenced in 19.00.005 and subsequently adopted by this chapter, the first named code shall govern over those following. In case of conflicts between other codes and provisions adopted by this chapter, the code or provision that is most specific, as determined by the building official, shall apply. 19.00.015 Administrative provisions The administrative provisions contained in Chapter 1 of the International Building code as adopted and subsequently amended by this chapter shall be used as the general administrative provisions for the codes listed in 19.00.000 under A, B, C, D and F, unless otherwise indicated. 19.00.020 International Building code adopted. The International Building Code (IBC), 2009 Edition, published by the International Code Council, as amended by the Washington State Building code Council in Chapter 51-50 WAC, and as subsequently amended by this chapter, is hereby adopted along with Appendix Chapters E, G, H, I and J. 19.00.025 International Building Code section amendments The following section of the IBC are hereby amended as follows: A. Section 104.3 Notices and Orders, is amended to read: The building official shall issue all necessary notices or orders to Packet Page 134 of 196 {WSS790568.DOC;1\00006.900000\ } 5/27/2010 3:10 PM - 4 - ensure compliance with this code. The building official is also authorized to use Chapter 20.110 ECDC for code compliance in addition to the remedies provided for in this code. B. Section 105.1.1 Annual Permit is deleted. C. Section 105.1.1 Demolition Permits, is added and shall read; Before the partial or complete demolition of any building or structure (interior or exterior), a demolition permit shall be obtained from the building official. The permit fee is established pursuant to Chapter 19.70 ECDC. The applicant shall also post with the city, prior to permit issuance, a performance bond, or frozen fund, conforming to Chapter 17.10 ECDC herein, in an amount to be determined by the building official to satisfy all city requirements no later than 180 days after the issuance of the permit. The demolition performance bond or frozen fund shall not be released until the building official determines the following requirements have been completed: 1 Cap Abandoned Sanitary Sewers. Septic tanks shall be pumped, collapsed and removed and/or filled with earth, sand, concrete, CDF or hard slurry. 2 Knock Down of Concrete Foundation Walls, Porches, Chimneys and Similar Structures. Concrete, bricks, cobbles and boulders shall be broken to less than 12-inch diameter. Debris left on site shall conform to IBC Section 1804.2 for clean fill. 3 Construction debris, vegetation, and garbage attributable to the demolition shall be removed from the site and from unopened street right-of-way within 30 days of written notice. No debris of any kind may be placed or maintained on street right-of-way (including alleys) without a permit issued pursuant to Chapter 18.60 or 18.70 of the Edmonds Community Development Code. 4 Repair of any damage to, and restoration of, any public property to substantially original conditions, i.e., alley, street, sidewalk, landscaping, water meter, utilities, rockeries, retaining walls, etc, in accordance with this code and the City’s engineering requirements. 5 Grading of Site Back to Original Topography Packet Page 135 of 196 {WSS790568.DOC;1\00006.900000\ } 5/27/2010 3:10 PM - 5 - Grades. Basements shall be filled and compacted to 90 percent as verified by a special inspector. “Structural fill” is defined as any fill placed below structures, including slabs, where the fill soils need to support loads without unacceptable deflections or shearing. Structural fill shall be clean and free draining, placed above unyielding native site soils and compacted to a minimum of 90 percent modified proctor, per ASTM D1557. 6 Temporary erosion control shall be installed and maintained per Chapter 18.30 ECDC. D. Section 105.1.2 Annual permit records, is deleted. E. Section 105.2 Work exempt from permit, is replaced as follows; Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. It is the applicant’s responsibility to comply with bulk zoning code standards per ECDC Title 16 and storm water management provisions per Chapter 18.30 ECDC. Permits shall not be required for the following unless required by the provisions of ECDC Title 23 or limited or prohibited by the provisions of Chapter 19.10 ECDC: 1. Building (general): (a) One (1) story detached accessory structures used as tool and storage sheds, playhouses and similar uses; provided the floor area (measured to the exterior wall or post) does not exceed 120 square feet, with a maximum eave of thirty (30) inches. (b) Fences not over six (6) feet high; provided a permit is not required by Chapter 17.30 ECDC. (c) Movable cases, counters and partitions not over five (5) feet nine (9) inches high. (d) Retaining walls 4 feet (1,219 mm) in height or less measured vertically from the finished grade at the exposed toe of the retaining wall to the highest point in the wall, unless: I Supporting a surcharge; or Packet Page 136 of 196 {WSS790568.DOC;1\00006.900000\ } 5/27/2010 3:10 PM - 6 - II Impounding Class I, II, III-A liquids; or III Subject to the provisions of Chapter 23.50 ECDC or Chapter 23.80 ECDC. (e) Rockeries. (f) Water tanks supported directly upon grade if the capacity does not exceed 500 gallons and the ratio of height to diameter or width does not exceed two (2) to one (1). (g) Sidewalks and driveways not more than 30 inches above adjacent grade, and not over any basement or story below and are not part of an accessible route, provided a permit is not required by Chapter 18.60 ECDC. (h) Painting, papering, tiling, carpeting, cabinets, countertops and similar finish work. (i) Temporary motion picture, television and theater stage sets and scenery (j) Shade cloth structures constructed for nursery or agricultural purposes. (k) Prefabricated swimming pools accessory to an occupancy in which the pool walls are entirely above the adjacent grade and the capacity does not exceed 5,000 gallons. Hot tubs and spas less than 5,000 gallons, completely supported by the ground. (l) Swings and other playground equipment accessory to an occupancy. (m) Grading less than fifty (50) cubic yards (placed, removed or moved within any 365-day period) unless subject to the provisions of Chapter 23.50 ECDC or Chapter 23.80 ECDC. (n) Repair of appliances which do not alter original approval, certification, listing or code. (o) Replacement or adding new insulation with no drywall removal or placement. (p) Replacement or repair of existing gutters or downspouts. (q) The following types of signs are exempt from permit requirements except that dimensional size and placement standards Packet Page 137 of 196 {WSS790568.DOC;1\00006.900000\ } 5/27/2010 3:10 PM - 7 - shall comply with Chapter 20.60 ECDC: I. Replacing the panel on a previously permitted existing wall cabinet or pole sign, II. Repainting an existing previously permitted wood sign, III. Painted or vinyl lettering on storefront windows, IV. Governmental signs, campaign signs, official public notices, and signs required by provision of local, state, or federal law, V. Temporary signs announcing the sale or rent of property and other temporary signs as described in ECDC 20.60.080, VI. Signs erected by the transportation authorities, and temporary seasonal and holiday displays. (r). Television antennas less than thirty-nine (39) inches in diameter. 2. Mechanical: (a) Portable heating, ventilation, cooling, cooking or clothes drying appliances (b) Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe. (c) Portable fuel cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid. (d) Steam, hot or chilled water piping within any heating or cooling equipment regulated by this code. (d) Portable evaporative cooler (f) Self-contained refrigeration systems containing ten(10) pounds or less of refrigerant or that are actuated by motor of one (1) horsepower or less. 3. Plumbing: Packet Page 138 of 196 {WSS790568.DOC;1\00006.900000\ } 5/27/2010 3:10 PM - 8 - (a) The stopping of leaks in drains, water, soil, waste or vent pipe, provided that the replacement of defective material shall be done with new material and a permit obtained and inspection made. 4. Residential permit exemptions: In addition the following exemptions apply for single family dwellings: (a) One (1) story detached accessory structures used as tool and storage sheds, playhouses and similar uses; provided the floor area (measured to the exterior wall or post) does not exceed 200 square feet, with a maximum eave of twelve (12) inches and maximum height of fifteen (15) feet. Vehicle storage structures, such as garages and carports, are not exempted except as set forth in ECDC 19.05.010 (E)(33) for canopies. (b) Window awnings supported by an exterior wall and do not project more than fifty-four (54) inches from the exterior wall and do not require additional support. ECDC Title 23 provisions shall not apply to such awnings. (c) Sport courts less than 2,000 square feet (d) Dock repair of individual decking members. ECDC Title 23 provisions shall not apply. (e) Replacement or repair of existing exterior siding. ECDC Title 23 provisions shall not apply. (f) (option 1 existing) Replacement or repair of existing window or doors with no change in size or framing. ECDC Title 23 provisions shall not apply. (option 2: Replacement or repair of existing window or doors provided; no alteration of structural members is required, the replacement would not require installation of safety glazing, the installation does not affect egress requirements. ECDC Title 23 provisions shall not apply.) (option 3: delete the exemption) (g) (option 1 existing) Replacement or repair of individual decking, joists, stair treads, or intermediate rails. ECDC Title 23 provisions do not apply. (option 2) delete exemption. Packet Page 139 of 196 {WSS790568.DOC;1\00006.900000\ } 5/27/2010 3:10 PM - 9 - (h) Sidewalks and driveways not more than 30 inches above adjacent grade, and not over any basement or story below and are not part of an accessible route, provided a permit is not required by Chapter 19.60 ECDC. (i) Uncovered platforms, decks, patios, not exceeding 200 square feet in area, that are not more than thirty (30) inches above grade at any point, are not attached to a dwelling and do not serve the exit door required by IRC Section R311.4 (j) Canopies, as defined in ECDC 17.70.035, accessory to a single family dwelling, with a floor area measured to the exterior wall or post not to exceed 200 square feet, for covered storage, carport or similar use. F. Section 105.3.2 Time limitation of permit application, is amended to read: (effective until November 7, 2010). 1. Applications, for which no permit is issued within 360 days following the date of application, shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the building official. 2. The building official may extend the time for action by the applicant for a period not exceeding 360 days prior to such expiration date. 3. No application shall be extended more than once for a total application life of 720 days. In order to renew action on an expired application, the applicant shall submit a new application, revised plans based on any applicable code or ordinance change, and pay new plan review fees. Alternative F. Section 105.3.2 Time limitation of permit application, is amended to read: (effective after November 7, 2010) 1. Applications, for which no permit is issued within 180 days following the date of application, shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the building official. 2. The building official may extend the time for action by the applicant for a period not exceeding 180 days prior to such expiration date. 3. No application shall be extended more than once for a total Packet Page 140 of 196 {WSS790568.DOC;1\00006.900000\ } 5/27/2010 3:10 PM - 10 - application life of 360 days. In order to renew action on an expired application, the applicant shall submit a new application, revised plans based on any applicable code or ordinance change, and pay new plan review fees. G. Section 105.3.3 Fully complete application, is added and reads; In accordance with the provisions of RCW 19.27.031 and 19.27.074, an applicant’s rights shall vest when a fully complete building permit application is filed. A fully complete building permit application is an application executed by the owners of the property for which the application is submitted or the duly authorized agent(s) for such owners, containing each and every document required under the terms of these ordinances and the IBC and is substantially complete in all respects. It is anticipated that minor changes or revisions may be required and are frequently made in the course of any building application review process, and such minor revisions or changes shall not keep an application from being deemed complete if a good faith attempt has been made to submit a substantially complete application containing all required components. Where required, the application and supporting documents shall be stamped and/or certified by the appropriate engineering, surveying or other professional consultants. A fully complete building permit application shall be accompanied by all fees, including but not limited to building permit fees and plan review fees required under the provisions of this chapter and code. H. Section 105.3.4 Concurrent review, is added and reads; An applicant may submit an application for building permit approval and request plan review services concurrently with, or at any time following, the submittal of a complete application for any necessary or required discretionary permit approval or discretionary hearing; provided, that any building permit application submitted concurrently with an application for discretionary permit or approvals shall not be considered complete unless the applicant submits a signed statement, on a form approved by the director, which acknowledges that the building permit application is subject to any conditions or requirements imposed pursuant to the review and approval of any necessary or required discretionary permit or approvals. The applicant shall solely bear the risk of building permit submittal with discretionary permit approval. If, after discretionary approval, the building permit plans are modified or amended to comply with conditions or restrictions required by any discretionary permit or approval, the Packet Page 141 of 196 {WSS790568.DOC;1\00006.900000\ } 5/27/2010 3:10 PM - 11 - applicant shall be solely responsible for any and all costs which result therefrom, including but not limited to additional full plan review fees; provided further, that any applicant-initiated changes made after the original plan review is complete shall also require payment of full plan review fees. I. Section 105.5 Permit expiration and extension, is amended to read: 1. Every permit issued under ECDC Title shall expire by limitation 360 days after issuance, except as provided in ECDC 19.0.025J(2). 2. The following permits shall expire by limitation, 180 days after issuance and may not be extended: Demolition permits required by ECDC19.00.030; Permits for Moving Buildings required by Chapter 19.60 ECDC; Mechanical permits; Tank removal, tank fill, or tank placement permits; Grading, excavation and fill permits; Water service line permits; Plumbing permits; Gas piping permits; Deck and dock permits; Fence permits; Re-roof permits; Retaining wall permits; Swimming pool, hot tub and spa permits; Sign permits; Shoring permits; Foundation permits. 3. Prior to expiration of an active permit the applicant may request in writing an extension for an additional year. If the plans and specifications for the permit extension application are the same as the plans and specifications submitted for the original permit application and provided there has been at least one (1) required progress inspection conducted by the city building inspector prior to the extension, the permit shall be extended. Permit fees shall be charged at a rate of one half the original building permit fee to extend the permit. Prior to Feb. 27, 2011 if work has not started on the project, and no code violations exist, the applicant may make a written request to the Building Official to waive the required progress inspection in Packet Page 142 of 196 {WSS790568.DOC;1\00006.900000\ } 5/27/2010 3:10 PM - 12 - order to renew the permit. The written request shall provide reasonable cause unrelated to the neglect or fault of the permittee as to the reason work has not started on the project, and an estimated date by which work will begin. (note that after Feb. 27, 2011 this paragraph is void) 4. If the applicant cannot complete work issued under an extended permit within a total period of two (2) years, the applicant may request in writing, prior to the second year expiration, an extension for a third and final year. Provided there has been at least one (1) required progress inspection conducted by the city building inspector prior to the extension, the permit shall be extended for a third and final year. In lieu of permit fees for the third year extension, inspection fees shall be charged for the remaining work based on the number of required inspections remaining for the project for all city departments. 5. The maximum amount of time any building permit may be extended shall be a total of three (3) years. At the end of any three (3) year period starting from the original date of permit issuance, the permit shall become null and void and a new building permit shall be required, with full permit fees, in order for the applicant to complete work. The voiding of the prior permit shall negate all previous vesting of zoning or Building codes. Whenever an appeal is filed and a necessary development approval is stayed in accordance with ECDC 20.07.004 the time limit periods imposed under this section shall also be stayed until final decision. 6. The building official may reject requests for permit extension where he determines that modifications or amendments to the applicable zoning and Building codes have occurred since the original issuance of the permit and/or modifications or amendments would significantly promote public health and safety if applied to the project through the issuance of a new permit. J. Section 105.5.1 Recommence work on an expired permit, is added and reads:. 1. In order to recommence work on an expired permit, a new permit application with full permit fees shall be submitted to the building official. 2. New permit applications shall be reviewed under current zoning and Building codes in effect at the time of complete application submittal. If a new permit is sought to recommence work on an expired permit, the new permit shall be vested under Packet Page 143 of 196 {WSS790568.DOC;1\00006.900000\ } 5/27/2010 3:10 PM - 13 - the codes in effect when an application for a new permit is submitted which fully complies with ECDC19.00.015. When additional plan review is required, plan review fees shall be charged. K. Section 107.3.3 Phased approval is amended to read: 1. The building official may issue partial permits for phased construction as part of a development before the entire plans and specifications for the whole building or structure have been approved provided architectural design board approval has been granted and a fully complete permit application for the entire building or structure has been submitted for review. 2. Phased approval means permits for grading, shoring, and foundation may be issued separately, provided concurrent approval is granted by the planning manager, city engineer and fire marshal, when applicable. No phased approval permit shall be issued unless approved civil plans detailing the construction of all site improvements including, but not limited to: curbs, gutters, sidewalks, paved streets, water lines, sewer lines, and storm drainage have been signed as approved by the city engineer. 3. With such phased approval, a performance bond shall be posted with the city pursuant to Chapter 17.10 ECDC, to cover the estimated cost of construction to city standards for the improvements. L. Section 108 Temporary Structures and Uses, is deleted M. Section 110.3.3 Lowest floor elevation, is amended to read: In flood hazard areas, upon placement of the lowest floor, including the basement, and prior to further vertical construction, the elevation certification required in Section 1612.5 shall be submitted to the building official. Prior to final inspection approval, the building official shall require an elevation certificate based on finished construction prepared and sealed by a State licensed land surveyor. N. Section 113 Board of Appeals, is deleted and replaced by 19.80 ECDC O. Section 501.2 Address Identification, is amended to read: Approved numbers or addresses shall be installed by the property Packet Page 144 of 196 {WSS790568.DOC;1\00006.900000\ } 5/27/2010 3:10 PM - 14 - owner for new and existing buildings in such a position as to be clearly visible and legible from the street or roadway fronting the property. Letters or numbers on the building shall be a minimum six (6) inches in height and stroke a minimum of .75 inch of a contrasting color to the building base color. Where public or private access is provided and the building address cannot be viewed from the public way, a monument, pole or other approved sign or means shall be used to identify the structure. This means of premises identification does not preclude approved identification also affixed to structure.” P. Section 1612.1.1 Residential Structures, is added and reads: Construction or reconstruction of residential structures is prohibited within designated floodways, except for (i) repairs, reconstruction, or improvements to a structure which do not increase the ground floor area; and (ii) repairs, reconstruction or improvements to a structure, the cost of which does not exceed 50 percent of the market value of the structure either, (A) before the repair, or reconstruction is started, or (B) if the structure has been damaged, and is being restored, before the damage occurred. Any project for improvement of a structure to correct existing violations of State or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions, or to structures identified as historic places, may be excluded from the 50 percent calculation. Q. Section 3103 Temporary Structures, is deleted. R. Section 3108.1.1 Radio, television and cellular communication related equipment and devices, is added and reads: A permit shall be required for the installation or relocation of commercial radio, television or cellular tower support structures including monopoles, guyed or lattice towers, whip antennas, panel antennas, parabolic antennas and related accessory equipment, and accessory equipment shelters (regardless of size) including roof mounted equipment shelters S. Section 3109.1 Applicability and maintenance, is amended to read: 1. Swimming pools, hot tubs and spas of all occupancies shall comply with the requirements of this section and other applicable sections of this code. Packet Page 145 of 196 {WSS790568.DOC;1\00006.900000\ } 5/27/2010 3:10 PM - 15 - 2. It is the responsibility of the owner to maintain a swimming pool, hot tub or spa in a clean and sanitary condition and all equipment shall be maintained in a satisfactory operating condition when the swimming pool, hot tub or spa is in use. A swimming pool, hot tub or spa that is neglected, not secured from public entry and/or not maintained in a clean and sanitary condition or its equipment in accord with manufacturers recommendations shall be determined to be a hazard to health and safety and shall be properly mitigated to the satisfaction of the building official. T. Section 3109.3 Public Swimming Pools, is deleted. U. Section 3109.4 Residential Swimming Pools, is deleted V. Section 3109.6 Location and Setbacks, is added and reads; Swimming pools, hot tubs and spas shall meet requirements of the zoning code of the city of Edmonds. 1. Minimum setbacks are measured from property lines to the inside face of the pool, hot tub or spa as required by the zoning code for accessory structures. 2. All other accessory buildings and equipment shall meet the normally required setbacks for accessory structures in the zone in which they are located. W. Section 3109.7 Tests and cross-connection devices, is added and reads; 1. All swimming pool, hot tub and spa piping shall be inspected and approved before being covered or concealed. 2. Washington State Department of Health approved cross connection devices are required to be provided on potable water systems when used to fill any swimming pool, hot tub or spa. X. Section 3109.8 Wastewater disposal, is added and reads; A means of disposal of the total contents of the swimming pool, hot tub or spa (including partial or periodic emptying) shall be reviewed and approved by the public works director. 1. No direct connection shall be made between any swimming pool, hot tub or spa to any storm drain, city sewer main, drainage Packet Page 146 of 196 {WSS790568.DOC;1\00006.900000\ } 5/27/2010 3:10 PM - 16 - system, seepage pit, underground leaching pit, or sub-soil drain. 2. A sanitary tee (outside cleanout installed on the main building side sewer line) shall be provided for draining of treated water into the city sanitary sewer system. Y. Section 3109.9 Inspection requirements, is added and reads; The appropriate city inspector shall be notified for the following applicable inspections: 1. Footing, wall, pre-form, pre-gunite, erosion control, underground plumbing, sanitary extension and cleanout, mechanical pool equipment, gas piping, mechanical enclosure location, cross connection and final inspection. 2. An initial cross connection control installation inspection is required by the city cross connection control specialist prior to final installation approval. 3. All backflow assemblies shall be tested by state certified backflow assembly testers upon initial installation and then annually thereafter. Copies of all test reports shall be submitted to the city water division for review and approval. Z. Section 3403.2.1 Residential Structures, is added and reads; Construction or reconstruction of residential structures is prohibited within designated floodways, except for (i) repairs, reconstruction, or improvements to a structure which do not increase the ground floor areas; and (ii) repairs, reconstruction or improvements to a structure, the cost of which does not exceed 50 percent of the market value of the structure either, (A) before the repair, or reconstruction is started, or (B) if the structure has been damaged, and is being restored, before the damage occurred. Any project for improvement of a structure to correct existing violations of State or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions, or to structures identified as historic places, may be excluded in the 50 percent. AA. Appendix E, Accessibility Requirements, is amended by deleting sections E107, E108, E110 and E111. Packet Page 147 of 196 {WSS790568.DOC;1\00006.900000\ } 5/27/2010 3:10 PM - 17 - BB. Appendix G, Flood-Resistant Construction, is amended by addition of new section; Section G301.1(4) Where base flood elevation data has not been provided or is not available from another authoritative source, it shall be generated for subdivision proposals and other proposed developments which contain at least 50 lots or 5 acres, whichever is less. CC. Appendix H, Signs, is amended as follows; 1. Section H101.2 Signs exempt from permits, is replaced by ECDC 19/00.010(Q). 2. Section H101.2.1 Prohibited signs is added and reads as follows: a. It is unlawful for any person to advertise or display any visually communicated message, by letter or pictorially, of any kind on any seating bench, or in direct connection with any bench. b. All signs not expressly permitted by Chapter 20.60 ECDC. c. Signs which the city engineer determines to be a hazard to vehicle or pedestrian traffic because they resemble or obscure a traffic control device, or pose a hazard to a pedestrian walkway or because they obscure visibility needed for safe traffic passage. Such signs shall be immediately removed at the request of the city engineer. d. All signs which are located within a public right-of-way and that have been improperly posted or displayed are hereby declared to be a public nuisance and shall be subject to immediate removal and confiscation per ECDC 20.60.090. 3. Sections H104 Identification, H106.1.1 Internally illuminated signs, H107 Combustible materials, H108 Animated devices, H109.1 Height restrictions, and H110 Roof signs are Deleted. DD. Appendix J, Grading is amended as follows; 19.00.030 Architectural design review – Optional vesting. In addition to the vesting rights created by RCW 19.27.095 and ECDC19.00.015, an applicant for development as defined in Packet Page 148 of 196 {WSS790568.DOC;1\00006.900000\ } 5/27/2010 3:10 PM - 18 - ECDC 20.10.010 and subject to architectural design board (ADB) review may, at the applicant’s option, file a fully complete augmented architectural design review application (hereinafter “augmented ADB application”) and vest rights including applicable permit, development and impact fees under the provisions of the ECDC and the state Building code as adopted and amended by the city of Edmonds, this title as then in effect, to, but only to, the extent that the application provides full and detailed information necessary to confirm the particular regulation to be vested. The burden is on the applicant to provide such detail. A. A fully complete, augmented application for architectural design review shall consist of a complete application for architectural design review, executed by each and every property owner of record of the development site or their duly authorized agent(s), accompanied by the following: 1. All fees required by ordinance, including impact mitigation fees, to be deposited at the time such State Environmental Policy Act (SEPA) requirements become final. 2. A site plan showing the current zoning of the development site, the footprint of all proposed structures, the total square footage and use of each floor, all setbacks required by either the zoning code or state Building codes, proposed parking configurations, and exits. 3. Elevation drawings showing the original grade of the site, any proposed alterations to grade, the proposed height of the structure and the number of stories. 4. A letter executed by all owners of record or their duly authorized agent(s) detailing the proposed use in sufficient detail to determine whether the proposed use complies with the zoning code then in effect and with the Building code then in effect to determine type of construction and occupancy classifications of the IBC and IFC as those codes then in effect. 5. A building permit application, as described in IBC Section 105.3 as the same exists or is hereafter amended, and all building permit and plan review fees as established and set forth in Chapter 19.70 ECDC; provided, that the plans required by IBC Section 106 107, as the same exists or is hereafter amended, and other engineering documents, plans or drawings required by ECDC Title 18 may be submitted within 90 days of final ADB approval, or final approval on appeal. Packet Page 149 of 196 {WSS790568.DOC;1\00006.900000\ } 5/27/2010 3:10 PM - 19 - B. Upon filing of the augmented ADB application, the applicant shall be deemed fully vested as if a fully complete building permit application had been filed; provided: 1. The burden shall be upon the applicant to supply all material required by the provisions of this section and as necessary to meet the requirements of Chapter 20.10 ECDC. The applicant may supplement the original application in the event an application is deemed incomplete by the development services director or designee. Vesting shall occur only when the application is deemed complete by the development services director. Failure to supplement an incomplete application within 90 days of final ADB approval shall result in forfeiture of all fees paid and no vesting right shall attach. 2. The application shall expire along with all rights vested 180 days following the date of application if final architectural design approval is not received. a. The development services director or designee may issue an extension for an additional period, not exceeding 180 days, upon written request by the applicant(s) or their agent(s). Such request for extension shall be filed prior to the expiration of the original application time period. An extension shall be granted if the architectural design board has not yet considered the application or an appeal thereof is pending. b. The time period shall run concurrently with the periods established by ECDC 19.00.005 as the same exists or is hereafter amended. No application shall be extended more than once. In order to renew an application after expiration, the applicant shall resubmit all required information and pay a new plan review fee. 3. The applicant shall comply with all provisions of state law and regulation and this code regarding SEPA review. Review periods or delays occasioned by SEPA shall stay the time periods set by this chapter. 4. Following final ADB approval, the applicant shall file the plans and information required by IBC Section 106 107. It is anticipated that minor adjustments and changes may and are usually required to the plans submitted as a result of the plan review and administrative process; provided, that the following changes shall not be considered “minor” and shall forfeit vesting rights, and shall require the filing of a new application: Packet Page 150 of 196 {WSS790568.DOC;1\00006.900000\ } 5/27/2010 3:10 PM - 20 - a. Any substantial change not required by the terms of ADB approval. b. Any increase in height or total square footage or any change which would change the occupancy classification for the purposes of the State Building code. 5. Any decision of the city staff regarding the application stated in this section and its interpretation shall be considered a Type I decision appealable only to the superior court of Snohomish County by Land Use Petition Act. C. The rights vested by ECDC 19.00.025 I (section 105.3.3 of IBC as amended) and this section refer only to zoning and Building code rights protected by RCW 19.27.095. D. These sections shall not be interpreted to create vesting rights not protected by RCW 19.27.095 and shall not be interpreted as a further limitation on the administrative obligations and legislative powers of the city. By way of illustration and not limitation, this chapter does not limit: 1. The city council’s authority to create local improvement districts. 2. The city council’s authority to legislate life safety requirements that are not required to recognize existing vested rights. 3. Environmental and shorelines review and mitigation procedures. 19.00.040 Excluding nonconforming religious building from certain requirements. Existing legal nonconforming churches, synagogues, mosques and other buildings use for religious observance (hereinafter “church” or “churches”) are hereby excluded from any requirement of the State Building Code which would be triggered by a change of use as specifically limited and set forth herein: 1. This change in use exclusion is limited solely to a change in use for the provision of emergency housing to the homeless and other indigent persons. The term “emergency” shall mean to the housing of indigent and homeless persons when the ambient temperature is forecast by the National Weather Service to be Packet Page 151 of 196 {WSS790568.DOC;1\00006.900000\ } 5/27/2010 3:10 PM - 21 - below 33 degrees for a four-hour overnight period or when wind chill, violent storms or other inclement conditions present a direct threat to the lives of homeless and other indigent persons without shelter. 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. 2. In order to claim this exclusion, a church shall: a. Be a legal nonconforming structure prior to the provision of emergency housing for the homeless and indigent. In the alternative, a church may establish that it has previously provided overnight housing to members of its congregation or the public in emergencies, for educational, religious or other purposes. b. Maintain a “fire watch.” The term “fire watch” shall mean the maintenance during all times when indigent housing services are provided of a watch by paid staff or volunteers who shall, on premises, monitor for fires or violations of no smoking prohibitions. At least one fire monitor shall be provided for each eight persons housed. c. Provide an operational smoke detection system. d. Prohibit the smoking of tobacco or similar products on the premises and prohibit the use of any open flame in the area in which the homeless or indigent persons are temporarily housed. e. Maintain clear and unobstructed means of egress. Exits must not be locked in the direction of egress unless a special egress control device is installed in accordance with the Building Code. 3. The application of this exclusion is intended to fulfill the City’s obligation to provide flexibility and consider reasonable alternatives in the application of the rigid requirements of the State Building Code. The Building Official is directed to avoid technical inflexibility, to consider the use of any reasonable alternative which would provide the minimum protections required either under the State Building Code or this exclusion and to be flexible when considering alternative approaches to the specific requirements set forth above. All decisions by the Building Official shall be in writing and articulate the public interest to be served as well as an analysis of the alternatives. Packet Page 152 of 196 {WSS790568.DOC;1\00006.900000\ } 5/27/2010 3:10 PM - 22 - 4. These provisions are for the purpose of providing for and promoting the health, safety and welfare of the general public. See Chapter 19.00 Limitation of Benefitted and Protected Classes. Section 2. The Edmonds Community Development Code Title 19 is hereby amended by the repeal and reenactment of Chapter 19.05 Residential Building Code to read as follows: Chapter 19.05 RESIDENTIAL BUILDING CODE Sections: 19.05.000 International Residential Code adopted. 19.05.010 Chapter One (1) not adopted. 19.05.020 Section amendments. 19.05.030 Manufactured home installation standards. 19.05.000 International Residential Code adopted. The International Residential Code (IRC), 2009 Edition, published by the International Code Council, as amended by the Washington State Building code Council in Chapter 51-51 WAC, and as subsequently amended by this chapter, is hereby adopted along with Appendix Chapters A, B, C, K and R. 19.05.010 Chapter One (1) not adopted. Chapter one (1) is not adopted. See ECDC 19.00.015 19.05.020 Section amendments. The following sections of the IRC are hereby amended as follows: A. Table R301.2(1) Climatic and Geographic Design Criteria, is amended with the following criteria: 1. Ground Snow Load = 25 psf 2. Wind Speed(d) = 85 mph 3. Topographical effects(k) = No 4. Seismic Design Category(f) = D2 5. Weathering(a) = moderate 6. Frost Line Depth(b) = 18 inches 7. Termite(c) = slight to moderate 8. Winter Design Temp(e) = 27 degrees F Packet Page 153 of 196 {WSS790568.DOC;1\00006.900000\ } 5/27/2010 3:10 PM - 23 - 9. Flood Hazard(g) = NFIP adoption 3/26/74. FIRM maps 11/8/99 10. Ice Shield Underlayment(h) = not required 11. Air Freezing Index(i) = 0-1000 12. Mean Annual Temp(j) = 50 degrees F B. Section R324 Automatic fire sprinkler system, is added and reads; An automatic fire sprinkler system is required for buildings containing five (5) or more attached dwelling units. Refer to ECDC 19.25.040. 19.05.030 Manufactured home installation standards. A Permit Regulations. 1. Chapter 296-150M WAC, as currently promulgated together with any future amendments thereof, or future additions thereto, is hereby adopted. The building official is authorized to issue building permits and collect permit fees for the installation of all manufactured homes that meet the requirements of this chapter, to inspect the installation of manufactured homes, and enforce all violations of this chapter. 2. All references to “installation permits” in Chapter 296- 150M WAC, as herein adopted by reference, shall refer to building permits issued for the installation of manufactured homes. 3. Fees for the installation of a manufactured home shall be set forth in Chapter 19.70 ECDC. All other applicable development fees shall also be imposed as with any other single- family residence. 4. Mobile homes shall be permitted only within designated mobile home parks. 5. Pursuant to added RCW 35.21.897, 35A.21.310, 36.01.220, and amended RCW 35.63.160 and 1998 c 239 s 1, homes built to 42 USC Section 5401 through 5403 standards (as amended in 2000) shall be regulated for the purposes of siting, in the same manner as site-built homes, factory-built homes, or homes built to any other approved state construction. 6. Manufactured homes to be placed within the city shall not be older than three calendar years from the date of complete permit application submittal. The applicant is required to provide the Packet Page 154 of 196 {WSS790568.DOC;1\00006.900000\ } 5/27/2010 3:10 PM - 24 - vehicle identification number (VIN) information. 7. All spaces measured from the underside of the home to finished grade shall be enclosed with a decorative skirting. 8. Manufactured homes shall be thermally equivalent to the current State Energy Code. 9. The minimum manufactured home size shall be at least two fully enclosed parallel sections each not less than 12 feet wide by 36 feet long. 10. Coated metal, tin, or vinyl roofing material is not permitted. 11. Manufactured homes shall comply with all other development standards of this code. Section 3 The Edmonds Community Development Code is hereby amended by the repeal and reenactment of Chapter 19.15 Mechanical and Fule Gas Code, to read as follows: Chapter 19.15 MECHANICAL CODE AND FUEL GAS CODE Sections: 19.15.000 International Mechanical Code adopted. 19.15.005 Amendments 19.15.010 International Fuel Gas Code adopted. 19.15.015 Amendments 19.15.000 International Mechanical Code adopted. The International Mechanical Code (IMC), 2009 Edition, published by the International Code Council, as amended by the Washington State Building code Council in Chapter 51-52 WAC, and as subsequently amended by this chapter is hereby adopted. 19.15.005 Amendments Chapter one (1) is not adopted. See ECDC 19.00.015 19.15.010 International Fuel Gas Code adopted. The International Fuel Gas Code, 2009 Edition, published by the International Code Council, as amended by the Washington State Building code Council in Chapter 51-52 WAC inclusive of NFPA Packet Page 155 of 196 {WSS790568.DOC;1\00006.900000\ } 5/27/2010 3:10 PM - 25 - 54 and 58, and as subsequently amended by this chapter, is hereby adopted. 19.15.015 Amendments Chapter one (1) is not adopted. See ECDC 19.00.015 Section 4 The Edmonds Community Development Code is hereby amended by the repeal and reenactment of Chapter 19.20 Plumbing Code to read as follows: Chapter 19.20 PLUMBING CODE Sections: 19.20.000 Uniform Plumbing Code adopted. 19.20.005 Amendments. 19.20.010 Evidence of potable water. 19.20.000 Uniform Plumbing Code adopted. The Uniform Plumbing Code (UPC), 2009 Edition, published by the International Association of Plumbing and Mechanical Officials, as amended by the Washington State Building code Council in Chapter 51-56 WAC, and as subsequently amended by this chapter; provided that any provisions that affect fuel gas piping are not adopted, is hereby adopted. 19.20.005 Amendments. A. Chapter one (1) is not adopted. See ECDC 19.00.015 B. Section 1014 Grease traps and interceptors, is deleted. See ECC 7.90 C. Section 1016 Sand Interceptors, is deleted D. Section 1017 Oil and flammable liquids interceptors, is deleted. E. Chapter 12 Fuel piping, is deleted F. Chapter 15 Firestop protection, is deleted 19.20.010 Evidence of potable water. Prior to the issuance of any building permit for new development, Packet Page 156 of 196 {WSS790568.DOC;1\00006.900000\ } 5/27/2010 3:10 PM - 26 - the building official shall require substantive evidence of an adequate potable water supply from the purveyor of water to the site for which a building permit is requested. For those areas lying within the service area of the city of Edmonds water utility, the notification from a duly authorized representative of the city's water utility shall be sufficient; provided, nothing herein shall be interpreted to prevent the city or any of its water purveyors from declaring a moratorium or other water emergency limiting or otherwise restricting the availability of adequate potable water. Applicants relying on a well shall provide a copy of applicable state approval for the appropriation and a current test of water quality by a qualified laboratory. Section 5. the Edmonds Community Development Code is hereby amended by the repeal and reenactment of Chapter 19.30 Energy Code to read as follows: Chapter 19.30 ENERGY CODE Sections: 19.30.000 State Energy Code adopted. 19.30.000 State Energy Code adopted. The Washington State Energy Code, 2009 Edition, as adopted and amended by the Washington State Building code Council in Chapter 51-11 WAC, is hereby adopted. Section 5. The Edmonds Community Development Code Title 19 is hereby amended by the repeal of Chapter 19.35 Ventilation Code Section 6. The Edmonds Community Development Code Title 19 is hereby amended by the repeal of Chapter 19.40 Dangerous Buildings Code and the adoption of a new Chapter 19.40 International Property Maintenance Code to read as follows: Chapter 19.40 International Property Maintenance Code Sections: 19.40.000 International Property Maintenance Code adopted. Packet Page 157 of 196 {WSS790568.DOC;1\00006.900000\ } 5/27/2010 3:10 PM - 27 - 19.40.005 Amendments 19.40.000 International Property Maintenance Code adopted. The International Property Maintenance Code, 2009 Edition, published by the International Code Council, is hereby adopted. 19.40.005 Amendments. A. Section 102.3 Application of other codes, is amended to read: Repairs, additions or alterations to a structure, or changes of occupancy shall be done in accordance with the procedures and provisions of the codes listed in 19.00.005. Nothing in this code shall be construed to cancel, modify or set aside any provision of the ECDC. B. Section 106 Violations, is deleted and replaced as follows; Violation of any provisions of this code are subject to the Civil Violation – Enforcement procedures in Chapter 20.110 ECDC. C. Sections 108.2 Closing of vacant structures, 108.3 Notice, 108.4 Placarding, 108.5 Prohibited occupancy, 108.6 Abatement methods and 108.7 Record, are deleted and replaced by the provisions of Chapter 20.110 ECDC D. Section 111 Means of Appeal, is deleted and replaced by ECDC section 20.110.040 C. E. Section 302 is deleted F. Section 303 is deleted G. Section 308 is deleted H. Section 309 is deleted Section 7 The Edmonds Community Development Code Title 19 is hereby amended by the repeal of Chapter 19.45 Housing Code and the adoption of a new Chapter 19.45 International Code Council Performance Code to read as follows: Chapter 19.45 Packet Page 158 of 196 {WSS790568.DOC;1\00006.900000\ } 5/27/2010 3:10 PM - 28 - INTERNATIONAL CODE COUNCIL PERFORMANCE CODE Sections: 19.45.000 International Code Council Performance Code adopted. The International Code Council Performance Code, 2009 Edition, published by the International Code Council, is hereby adopted. Section 8 The Edmonds Community Development Code, Title 19, is hereby amended by the repeal of Chapter 19.50 Historic Building code and adoption of a new Chapter 19.50 International Existing Building code, to read as follows: Chapter 19.50 INTERNATIONAL EXISTING BUILDING CODE Sections: 19.50.000 International Existing Building code adopted. The International Existing Buildings Code, 2009 Edition, published by the International Code Council, as amended by the Washington State Building code Council in Chapter 51-50 WAC, and as subsequently amended by this chapter, is hereby adopted.is hereby adopted along with Appendix Chapter A (Guidelines for the seismic retrofit of existing buildings) and Resource A (Guidelines on fire ratings of archaic materials and assemblies). Section 9 The Edmonds Community Development Code, Title 19, is hereby amended by the adoption of a new Chapter 19.55 Electrical Code, to read as follows: Chapter 19.55 ELECTRICAL CODE Sections: 19.55.000 National Electrical Code adopted. 19.55.005 When code effective. 19.55.010 Nonliability. 19.55.015 Conflicts – How resolved. 19.55.000 National Electrical Code adopted. Under the statutory authority of RCW 19.27.031 and 19.27.074, the National Electrical Code, 2002 2008 Edition, as published by Packet Page 159 of 196 {WSS790568.DOC;1\00006.900000\ } 5/27/2010 3:10 PM - 29 - the National Fire Protection Association, is hereby adopted as the electrical code for the city of Edmonds subject to the amendments made herein. The State of Washington Department of Labor and Industries, Electrical Inspection Section, Rules and Regulations for Installing Electric Wiring and Equipment and Administrative Rules, 2002 2008 Edition, is hereby adopted as part of the electrical code of the city of Edmonds. [Ord. 3651 § 1, 2007]. 19.55.005 When code effective. If the state of Washington, through its duly designated electrical inspector or inspectors, for any reason fails to continue to inspect electrical installation, license the same or provide the standards, the provisions of the Edmonds electrical code as amended shall be applicable to all electrical installation in the city as if the state of Washington had not exercised jurisdiction of any kind. 19.55.010 Nonliability. This chapter shall not be construed to relieve or lessen the responsibility of any person owning, operating or installing any electrical equipment for damages to anyone injured by a defect of the equipment, nor shall the city or its agent be held as assuming any such liability by reason of the inspection under this code or the certificate of inspection issued by the building department. 19.55.015 Conflicts – How resolved. If there is any conflict between the electrical code of the city, the National Electrical Code and/or the rules and regulations as set forth by the state of Washington for electric wires and equipment, then the conditions, requirements, provisions or terms which provide, in the opinion of the building official, for the greatest public safety shall be observed and shall control. Section 10. Effective Date. This ordinance, being an exercise of a power specifi- cally delegated to the City legislative body, is not subject to referendum, and shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. APPROVED: Packet Page 160 of 196 {WSS790568.DOC;1\00006.900000\ } 5/27/2010 3:10 PM - 30 - MAYOR GARY HAAKENSON ATTEST/AUTHENTICATED: CITY CLERK, SANDRA S. CHASE APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY W. SCOTT SNYDER FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. Packet Page 161 of 196 {WSS790568.DOC;1\00006.900000\ } 5/27/2010 3:10 PM - 31 - SUMMARY OF ORDINANCE NO. __________ of the City of Edmonds, Washington On the ____ day of ___________, 2010, the City Council of the City of Edmonds, passed Ordinance No. _____________. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, REPEALING AND ENACTING THE PROVISIONS OF AND ENACTMENT OF CHAPTERS 19.00 BUILDING CODE; 19.05 RESIDENTIAL BUILDING CODE; 19.05 MECHANICAL CODE AND FUEL GAS CODE; 19.20 PLUMBING CODE; 19.30 ENERGY CODE; 19.40 INTERNATIONAL PROPERTY MAINTENANCE CODE; CHAPTER 19.50 INTERNATIONAL EXISTING BUILDING CODE; CHAPTER 19.55 ELECTRICAL CODE; REPEALING CHAPTER 19.35 VENTILATION CODE RCW TO ADOPT NEW PROVISIONS OF THE STATE BUILDING CODE AND REVISIONS THERETO, AND TO RESTRUCTURE TITLE 19, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this _____ day of ________________, 2010. CITY CLERK, SANDRA S. CHASE Packet Page 162 of 196 1 Analysis of Revisions This analysis examines the proposed code language listed in the left column and provides commentary in the right hand column. The commentary will reference the current code document, which is separate. Because of the different approach used in the adoption language it was not possible to provide a useful side by side style of comparison International Building Code (IBC) New ECDC code reference Commentary 19.00.000 Purpose The purpose of the codes and regulations adopted in this title is to provide minimum standards to safeguard life, health, property and public welfare by regulating and controlling the design, construction, quality of materials, use and occupancy, location and maintenance of all buildings and structures within the City of Edmonds. It is not the purpose or intent to create or designate any particular class or group of persons to be especially protected or benefited, nor is it intended to create any special relationship with any individual The purpose section is new. This was added as the first section to establish a regulatory scope for the code and amendments to be adopted. 19.00.005 Referenced codes Where the following codes are referenced within any of the codes adopted and amended in this title, they shall be substituted as follows: A. “International Building Code” shall mean the building code as adopted and amended in this title. B. “International Residential Code” shall mean the residential building code as adopted and amended in this title. C. “International Mechanical Code” shall mean the mechanical code as adopted and amended in this title. D. “International Fuel Gas Code” shall mean the fuel gas code as adopted in Chapter 19.27 RCW and in accordance with the mechanical code as adopted and amended in this title. E. “International Fire Code” shall mean the fire code as adopted and amended in this title. Referenced codes was formerly listed under 19.00.000 International Building Code adopted. This is fundamentally the same as the previous document with the following changes: The Uniform Housing Code and Uniform Code for the Abatement of Dangerous Buildings have not been published since 1997 and are no longer adopted. These are replaced by the International Property Maintenance Code, which was designed to replace these documents. The State Historic Building Code is no longer supported by the State and is replaced by the International Existing Building Code. This is consistent with the changes to WAC 51-50. The Washington State Ventilation and Indoor Air Quality Code no longer exists within the WAC’s having been replaced by the changes to the Mechanical Code. Packet Page 163 of 196 2 F. “Uniform Plumbing Code” shall mean the plumbing code as adopted and amended in this title. G. “Washington State Energy Code” shall mean the energy code as adopted and amended in this title. H. The “National Electrical Code” shall mean the electrical code as adopted and amended in this title. I. “International Existing Building Code” shall mean the existing building code as adopted and amended in this title. J. International Property Maintenance Code shall mean the property maintenance code as adopted and amended in this title. K. International Code Council Performance Code shall mean the performance code as adopted andamended in this title. 19.00.010 Conflict between Codes In case of conflict among any of the codes referenced in 19.00.005 and subsequently adopted by this chapter, the first named code shall govern over those following. In case of conflicts between other codes and provisions adopted by this chapter, the code or provision that is most specific, as determined by the building official, shall apply. This is a new section. It is intended to establish the hierarchy of codes as laid out in RCW 19.27 19.00.015 Administrative provisions The administrative provisions as specified in Chapter 1 of the International Building Code as adopted and subsequently amended by this chapter shall be used as the general administrative provisions for the codes listed in 19.00.000 under A, B, C, D and F, unless otherwise indicated The adopted codes each have their own separate administrative chapters. This section intends to simplifiy the administration by combining these into a single document. Chapter 1 of the IBC (as further amended) is set up as the single administrative provisions for the Building Code, Residential Code, Mechanical Code and Plumbing Code. The Fire Code is separated out since it has its own special administrative needs as do the Existing Building Code and the Property Maintenance Code. 19.00.020 International Building Code adopted. The International Building Code (IBC), 2009 Edition, published by the International Code Council, as amended by the Washington State Building Code Council in Chapter 51-50 WAC, and as subsequently amended by this chapter, is hereby adopted along with Appendix Chapters E, G, H, I and J. This was formerly in section 19.00.000. The language has been simplified. Reference is made to appropriate WAC 51-50. 19.00.025 International Building Code section amendments The following sections of the IBC are hereby amended as follows All of the section below are local amendments to the IBC as adopted by the State. For the most part the language is the same as the current Municipal Code. Significant difference is that all administrative provisions are now contained here instead of in the separate code adoption sections. Note: NC means there is no change from existing code language Packet Page 164 of 196 3 A. Section 104.3 Notices and orders, is amended to read: The building official shall issue all necessary notices or orders to ensure compliance with this code. The building official is also authorized to use Chapter 20.110 ECDC for code compliance in addition to the remedies provided for in this code. NC B. Section 105.1.1 Annual permit is deleted. NC C. Section 105.1.1 Demolition permits, is added and reads; Before the partial or complete demolition of any building or structure (interior or exterior), a demolition permit shall be obtained from the building official. The permit fee is hereby established as set forth in Chapter 19.70 ECDC. The applicant shall also post with the city, prior to permit issuance, a performance bond, or frozen fund, conforming to Chapter 17.10 ECDC herein, in an amount to be determined by the building official to satisfy all city requirements no later than 180 days after the issuance of the permit. The demolition performance bond or frozen fund shall not be released until the building official determines the following requirements have been completed: A. Cap Abandoned Sanitary Sewers. Septic tanks are to be pumped, collapsed and removed and/or filled with earth, sand, concrete, CDF or hard slurry. B. Knock Down of Concrete Foundation Walls, Porches, Chimneys and Similar Structures. Concrete, bricks, cobbles and boulders shall be broken to less than 12- inch diameter. Debris left on site shall conform to IBC Section 1804.2 for clean fill. C. Construction debris, vegetation, and garbage attributable to the demolition shall be removed from the site and from unopened street right-of-way within 30 days of written notice. No debris of any kind may be placed on street right-of-way (including alleys) without a right-of-way permit. D. Repair of any damage to, and restoration of, any public property to substantially original conditions, i.e., alley, street, sidewalk, landscaping, water meter, utilities, rockeries, retaining walls, etc. E. Grading of Site Back to Original Topography Grades. Basements shall be filled and compacted to 90 percent to be verified by special inspector. “Structural fill” is defined as any fill placed below structures, including slabs, where the fill soils need to NC This section has been moved from 19.00.030 Packet Page 165 of 196 4 support loads without unacceptable deflections or shearing. Structural fill should be clean and free draining and should be placed above unyielding native site soils and compacted to a minimum of 90 percent modified proctor, per ASTM D1557. F. Temporary erosion control is installed and maintained per Chapter 18.30 ECDC. D. Section 105.1.2 Annual permit records, is deleted. NC E. Section 105.2 Work exempt from permit, is replaced as follows; Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. It is the applicant’s responsibility to comply with bulk zoning code standards per ECDC Title 16 and storm water management provisions per Chapter 18.30 ECDC. Permits shall not be required for the following unless subject to the provisions of ECDC Title 23 or limited or prohibited by the provisions of Chapter 19.10 ECDC: 1. Building (general): (a) One (1) story detached accessory structures used as tool and storage sheds, playhouses and similar uses; provided the floor area (measured to the exterior wall or post) does not exceed 120 square feet, with a maximum eave of thirty (30) inches. (b) Fences not over six (6) feet high; provided a permit is not required by Chapter 17.30 ECDC. (c) Movable cases, counters and partitions not over five (5) feet nine (9) inches high. (d) Retaining walls 4 feet (1,219 mm) in height or less measured vertically from the finished grade at the exposed toe of the retaining wall to the highest point in the wall, unless: a. Supporting a surcharge; or Work exempt from a permit now includes all the permit exemptions from the building, residential, mechanical and plumbing code in one location. Previously the exemptions were lisited under the individual code adoption sections. The majority of the exemptions are the same as the current ECDC. With some exceptions as noted below. Packet Page 166 of 196 5 b. Impounding Class I, II, III-A liquids; or c. Subject to the provisions of Chapter 23.50 ECDC or Chapter 23.80 ECDC. (e) Rockeries. (f) Water tanks supported directly upon grade if the capacity does not exceed 500 gallons and the ratio of height to diameter or width does not exceed two (2) to one (1). (g) Sidewalks and driveways not more than 30 inches above adjacent grade, and not over any basement or story below and are not part of an accessible route, provided a permit is not required by Chapter 18.60 ECDC. (h) Painting, papering, tiling, carpeting, cabinets, countertops and similar finish work. (i) Temporary motion picture, television and theater stage sets and scenery. (j) Shade cloth structures constructed for nursery or agricultural purposes. (k) Prefabricated swimming pools accessory to an occupancy in which the pool walls are entirely above the adjacent grade and the capacity does not exceed 5,000 gallons. Hot tubs and spas less than 5,000 gallons, completely supported by the ground. (l) Swings and other playground equipment accessory to an occupancy. (m) Grading less than fifty (50) cubic yards (placed, removed or moved within any 365-day period) unless subject to the provisions of Chapter 23.50 ECDC or Chapter 23.80 ECDC. (n) Repair of appliances which do not alter original approval, certification, listing or code. Packet Page 167 of 196 6 (o) Replacement or adding new insulation with no drywall removal or placement. (p) Replacement or repair of existing gutters or downspouts. (q) The following types of signs are exempt from permit requirements except that dimensional size and placement standards shall comply with Chapter 20.60 ECDC: I. Replacing the panel on a previously permitted existing wall cabinet or pole sign, II. Repainting an existing previously permitted wood sign, III. Painted or vinyl lettering on storefront windows, IV. Governmental signs, campaign signs, official public notices, and signs required by provision of local, state, or federal law, V. Temporary signs announcing the sale or rent of property and other temporary signs as described in ECDC 20.60.080, VI. Signs erected by the transportation authorities, and temporary seasonal and holiday displays. (r) Television antennas less than thirty-nine (39) inches in diameter. 2. Mechanical: (a) Portable heating, ventilation, cooling, cooking or clothes drying appliances (b) Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe. (c) Portable fuel cell applicances that are not connected to a fixed piping system and are not interconnected to a power grid. Packet Page 168 of 196 7 (d) Steam, hot or chilled water piping within any heating or cooling equipment regulated by this code. (e) Portable evaporative cooler (f) Self-contained refrigeration systems containing ten(10) pounds or less of refrigerant or that are actuated by motoer of one (1) horsepower or less. 3. Plumbing: (a) The stopping of leaks in drains, water, soil, waste or vent pipe, provided that the replacement of defective material shall be done with new material and a permit obtained and inspection made. Residential permit exemptions: In addition the following exemptions apply for single family dwellings: (a) One (1) story detached accessory structures used as tool and storage sheds, playhouses and similar uses; provided the floor area (measured to the exterior wall or post) does not exceed 200 square feet, with a maximum eave of twelve (12) inches and maximum height of fifteen (15) feet. Vehicle storage structures, such as garages and carports, are not included except as set forth in ECDC 19.05.010E(33) for canopies. (b) Window awnings supported by an exterior wall and do not project more than fifty-four (54) inches from the exterior wall and do not require additional support. ECDC Title 23 provisions do not apply. (c) Sport courts less than 2,000 square feet (d) Dock repair of individual decking members. ECDC Title 23 provisions do not apply. (e) Replacement or repair of existing exterior siding. ECDC Title 23 provisions Packet Page 169 of 196 8 shall not apply. (f) Replacement or repair of existing window or doors with no change in size or framing. ECDC Title 23 provisions shall not apply. (g) Replacement or repair of individual decking, joists, stair treads, or intermediate rails. ECDC Title 23 provisions do not apply. (h) Sidewalks and driveways not more than 30 inches above adjacent grade, and not over any basement or story below and are not part of an accessible route, provided a permit is not required by Chapter 18.60 ECDC. (i) Uncovered platforms, decks, patios, not exceeding 200 square feet in area, that are not more than thirty (30) inches above grade at any point, are not attached to a dwelling and do not serve the exit door required by IRC Section R311.4 (j) Canopies, as defined in ECDC 17.70.035, accessory to a single family dwelling, with a floor area measured to the exterior wall or post not to exceed 200 square feet, for covered storage, carport or similar use. Item (f) is the existing code language. Two other options are provided. There are specific code provisions related to window replacement such as the need for safety glazing in certain locations, the need for fire egress windows from sleeping rooms, and energy code specifications. Additionally the improper replacement of windows and doors can lead to moisture infiltration issues, causing structural damage and/or mold problems. Option 2 would tighten this a bit, but leave it up to the contractor/owner to evaluate. Replacement or repair of existing window or doors provided: no alteration of structural members is required, the replacement would not require installation of safety glazing, the installation does not affect egress requirements. Option 3 would totally delete the exemption and therefore require permits for window or door replacement. The City of Edmonds permit exemption for replacement of individual deck members, joist, stair treads and rails has been deleted. There are a number of serious injuries associated with improperly constructed decks annually. Option 2 would delete this exemption Packet Page 170 of 196 9 F. Section 105.3.2 Time limitation of permit application, is amended to read: (effective until November 7, 2010). 1. Applications, for which no permit is issued within 360 days following the date of application, shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the building official. 2. The building official may extend the time for action by the applicant for a period not exceeding 360 days prior to such expiration date. 3. No application shall be extended more than once for a total application life of 720 days. In order to renew action on an expired application, the applicant shall submit a new application, revised plans based on any applicable code or ordinance change, and pay new plan review fees. The next couple of sections have been consolidated to simplify how the code reads and make is simpler to use. In 2008 the Council passed an ordinance (#3699) that provided for extensions to the normal timelines for permit applications. This The intend was to provide some additional time in light of the economic situation and difficulties that people were experiencing with funding of projects. The Ordinance sets up a timeline that ends on 11/7/2010. This ordinance was later supplemented by ordinance # 3726 that provided temporary relief from the expiration of issued permits. (See language in section 105.5 Permit expiration and extension). The exception allows for a request to extend a permit without having the required progress inspection if there is a reasonable cause for the delay. This is void after Feb 27, 2011. The current code incorporates these two ordinances by reproducing sections of the code 3 times so as to deal with the timelines. The proposed code simplifies this by placing the time limits separate and removing the redundant language. Alternate F. Section 105.3.2 Time limitation of permit application, is amended to read: (effective after November 7, 2010) 1. Applications, for which no permit is issued within 180 days following the date of application, shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the building official. 2. The building official may extend the time for action by the applicant for a period not exceeding 180 days prior to such expiration date. 3. No application shall be extended more than once for a total application life of 360 days. In order to renew action on an expired application, the applicant shall submit a new application, revised plans based on any applicable code or ordinance change, and pay new plan review fees. Section F, above, is in effect until 11/7/2010. After 11/7/2010 alternate section F takes effect. In essence the sun setting of the ordinance. Packet Page 171 of 196 10 G. Section 105.3.3 Fully complete application, is added and reads; In accordance with the provisions of RCW 19.27.031 and 19.27.074, an applicant’s rights shall vest when a fully complete building permit application is filed. A fully complete building permit application is an application executed by the owners of the property for which the application is submitted or the duly authorized agent(s) for such owners, containing each and every document required under the terms of these ordinances and the IBC and is substantially complete in all respects. It is anticipated that minor changes or revisions may be required and are frequently made in the course of any building application review process, and such minor revisions or changes shall not keep an application from being deemed complete if a good faith attempt has been made to submit a substantially complete application containing all required components. Where required, the application and supporting documents shall be stamped and/or certified by the appropriate engineering, surveying or other professional consultants. A fully complete building permit application shall be accompanied by all fees, including but not limited to building permit fees and plan review fees required under the provisions of this chapter and code. NC from existing ECDC Moved from 19.00.015 to the section of IBC dealing with applications for ease of use. H. Section 105.3.4 Concurrent review, is added and reads; An applicant may submit an application for building permit approval and request plan review services concurrently with, or at any time following, the submittal of a complete application for any necessary or required discretionary permit approval or discretionary hearing; provided, that any building permit application submitted concurrently with an application for discretionary permit or approvals shall not be considered complete unless the applicant submits a signed statement, on a form approved by the director, which acknowledges that the building permit application is subject to any conditions or requirements imposed pursuant to the review and approval of any necessary or required discretionary permit or approvals. The applicant shall solely bear the risk of building permit submittal with discretionary permit approval. If, after discretionary approval, the building permit plans are modified or amended to comply with conditions or restrictions required by any discretionary permit or approval, the applicant shall be solely responsible for any and all costs which result therefrom, including but not limited to NC from existing Moved from 19.00.020 to section of IBC dealing with applications for ease of use. Packet Page 172 of 196 11 additional full plan review fees; provided further, that any applicant-initiated changes made after the original plan review is complete shall also require payment of full plan review fees. I. Section 105.5 Permit expiration and extension, is amended to read: 1. Every permit issued under ECDC Title 19 shall expire by limitation 360 days after issuance, except as provided in ECDC 19.00.025J(2). 2. The following permits shall expire by limitation, 180 days after issuance and may not be extended: Demolition permits required by ECDC 19.00.030; Permits for Moving Buildings required by Chapter 19.60 ECDC; Mechanical permits; Tank removal, tank fill, or tank placement permits; Grading, excavation and fill permits; Water service line permits; Plumbing permits; Gas piping permits; Deck and dock permits; Fence permits; Re-roof permits; Retaining wall permits; Swimming pool, hot tub and spa permits; Sign permits; Shoring permits; Foundation permits. 3. Prior to expiration of an active permit the applicant may request in writing an extension for an additional year. If the plans and specifications for the permit extension application are the same as the plans and specifications submitted for the original permit application and provided there has been at least one (1) required progress inspection conducted by the city building inspector prior to the extension, the permit shall be extended. Permit fees shall be charged at a rate of one half the original building permit fee to extend the permit. NC from existing language. Packet Page 173 of 196 12 Prior to Feb. 27, 2011 if work has not started on the project, and no code violations exist, the applicant may make a written request to the Building Official to waive the required progress inspection in order to renew the permit. The written request shall provide reasonable cause unrelated to the neglect or fault of the permittee as to the reason work has not started on the project, and an estimated date by which work will begin. (note that after Feb. 27, 2011 this paragraph is void) 4. If the applicant cannot complete work issued under an extended permit within a total period of two (2) years, the applicant may request in writing, prior to the second year expiration, an extension for a third and final year. Provided there has been at least one (1) required progress inspection conducted by the city building inspector prior to the extension, the permit shall be extended for a third and final year. In lieu of permit fees for the third year extension, inspection fees shall be charged for the remaining work based on the number of required inspections remaining for the project for all city departments. 5. The maximum amount of time any building permit may be extended shall be a total of three (3) years. At the end of any three (3) year period starting from the original date of permit issuance, the permit shall become null and void and a new building permit shall be required, with full permit fees, in order for the applicant to complete work. The voiding of the prior permit shall negate all previous vesting of zoning or building codes. Whenever an appeal is filed and a necessary development approval is stayed in accordance with ECDC 20.07.004, the time limit periods imposed under this section shall also be stayed until final decision. 6. The building official may reject requests for permit extension where he determines that modifications or amendments to the applicable zoning and building codes have occurred since the original issuance of the permit and/or modifications or amendments would significantly promote public health and safet y if applied to the project through the issuance of a new permit. This paragraph has been modified to include the date of 2/27/2011. This is, as noted above in 105.3.2, an attempt to simplify and eliminate the redundant language. The intent and result remains un-affected. J. Section 105.5.1 Recommence work on an expired permit, is added and reads:. 1. In order to recommence work on an expired permit, a new permit application with full permit fees shall be submitted to the building official. NC Packet Page 174 of 196 13 2. New permit applications shall be reviewed under current zoning and building codes in effect at the time of complete application submittal. If a new permit is sought to recommence work on an expired permit, the new permit shall be vested under the codes in effect when an application for a new permit is submitted which fully complies with ECDC 19.00.015. When additional plan review is required, plan review fees shall be charged. K. Section 107.3.3 Phased approval is amended to read: 1. The building official may issue partial permits for phased construction as part of a development before the entire plans and specifications for the whole building or structure have been approved provided architectural design board approval has been granted and a fully complete permit application for the entire building or structure has been submitted for review. 2. Phased approval means permits for grading, shoring, and foundation may be issued separately, provided concurrent approval is granted by the planning manager, city engineer and fire marshal, when applicable. No phased approval permit shall be issued unless approved civil plans detailing the construction of all site improvements including, but not limited to: curbs, gutters, sidewalks, paved streets, water lines, sewer lines, and storm drainage have been signed as approved by the city engineer. 3. With such phased approval, a performance bond shall be posted with the city pursuant to Chapter 17.10 ECDC, to cover the estimated cost of construction to city standards for the improvements. NC in basic language. Phased approval was previously referenced separately in the Building and Residential codes. It is now combined. L. Section 108 Temporary Structures and Uses, is deleted NC M. Section 110.3.3 Lowest floor elevation, is amended to read: In flood hazard areas, upon placement of the lowest floor, including the basement, and prior to further vertical construction, the elevation certification required in jSection 1612.5 shall be submitted to the building official. Prior to final inspection approval, the building official shall require an elevation certificate based on finished construction prepared and sealed by a State licensed land surveyor. NC Packet Page 175 of 196 14 N. Section 113 Board of Appeals, is deleted and replaced by 19.80 ECDC NC O. Section 501.2 Address Identification, is amended to read: Approved numbers or addresses shall be installed by the property owner for new and existing buildings in such a position as to be clearly visible and legible from the street or roadway fronting the property. Letters or numbers on the building shall be a minimum six (6) inches in height and stroke a minimum of .75 inch of a contrasting color to the building base color. Where public or private access is provided and the building address cannot be viewed from the public way, a monument, pole or other approved sign or means shall be used to identify the structure. This means of premises identification does not preclude approved identification also affixed to structure.” NC P. Section 1612.1.1 Residential Structures, is added and reads: Construction or reconstruction of residential structures is prohibited within designated floodways, except for (i) repairs, reconstruction, or improvements to a structure which do not increase the ground floor areas; and (ii) repairs, reconstruction or improvements to a structure, the cost of which does not exceed 50 percent of the market value of the structure either, (A) before the repair, or reconstruction is started, or (B) if the structure has been damaged, and is being restored, before the damage occurred. Any project for improvement of a structure to correct existing violations of State or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions, or to structures identified as historic places, may be excluded in the 50 percent. NC Q. Section 3103 Temporary Structures, is deleted. NC R. Section 3108.1.1 Radio, television and cellular communication related equipment and devices, is added and reads: A permit is required for the installation or relocation of commercial radio, television or cellular tower support structures including monopoles, guyed or lattice towers, whip antennas, panel antennas, parabolic antennas and related accessory equipment, and accessory equipment shelters (regardless of size) including roof mounted equipment NC Packet Page 176 of 196 15 shelters S. Section 3109.1 Applicability and maintenance, is amended to read: 1. Swimming pools, hot tubs and spas of all occupancies shall comply with the requirements of this section and other applicable sections of this code. 2. It is the responsibility of the owner to maintain the swimming pool, hot tub or spa in a clean and sanitary condition and all equipment maintained in a satisfactory operating condition when the swimming pool, hot tub or spa is in use. A swimming pool, hot tub or spa that is neglected, not secured from public entry and/or not maintained shall be determined to be a hazard to health and safety and shall be properly mitigated to the satisfaction of the building official . T. Section 3109.3 Public Swimming Pools, is deleted. NC NC U. Section 3109.4 Residential Swimming Pools, is deleted Reference is now made to IRC appendix G for barrier protection around pools V. Section 3109.6 Location and Setbacks, is added and reads; Swimming pools, hot tubs and spas shall meet requirements of the zoning code of the city of Edmonds. 1. Minimum setbacks are measured from property lines to the inside face of the pool, hot tub or spa as required by the zoning code for accessory structures. 2. All other accessory buildings and equipment shall meet the normally required setbacks for accessory structures in the zone in which they are located. NC W. Section 3109.7 Tests and cross-connection devices, is added and reads; 1. All swimming pool, hot tub and spa piping shall be inspected and approved before being covered or concealed. 2. Washington State Department of Health approved cross connection devices are required to be provided on potable water systems when used to fill any swimming pool, hot tub or spa. NC Packet Page 177 of 196 16 X. Section 3109.8 Wastewater disposal, is added and reads; A means of disposal of the total contents of the swimming pool, hot tub or spa (including partial or periodic emptying) shall be reviewed and approved by the public works director. 1. No direct connection shall be made between any swimming pool, hot tub or spa to any storm drain, city sewer main, drainage system, seepage pit, underground leaching pit, or sub-soil drain. 2. A sanitary tee (outside cleanout installed on the main building side sewer line) shall be provided for draining of treated water into the city sanitary sewer system. NC Y. Section 3109.9 Inspection requirements, is added and reads; The appropriate city inspector shall be notified for the following applicable inspections: 1. Footing, wall, pre-form, pre-gunite, erosion control, underground plumbing, sanitary extension and cleanout, mechanical pool equipment, gas piping, mechanical enclosure location, cross connection and final inspection. 2. An initial cross connection control installation inspection is required by the city cross connection control specialist prior to final installation approval. 3. All backflow assemblies shall be tested by state certified backflow assembly testers upon initial installation and then annually thereafter. Copies of all test reports shall be submitted to the city water division for review and approval. NC Z. Section 3403.2.1 Residential Structures, is added and reads; Construction or reconstruction of residential structures is prohibited within designated floodways, except for (i) repairs, reconstruction, or improvements to a structure which do not increase the ground floor areas; and (ii) repairs, reconstruction or improvements to a structure, the cost of which does not exceed 50 percent of the market value of the structure either, (A) before the repair, or reconstruction is started, or (B) if the structure has been damaged, and is being NC Packet Page 178 of 196 17 restored, before the damage occurred. Any project for improvement of a structure to correct existing violations of State or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions, or to structures identified as historic places, may be excluded in the 50 percent. AA. Appendix E, Accessibility Requirements, is amended by deleting sections E107, E108, E110 and E111. NC BB. Appendix G, Flood-Resistant Construction, is amended by addition of new section; Section G301.1(4) Where base flood elevation data has not been provided or is not available from another authoritative source, it shall be generated for subdivision proposals and other proposed developments which contain at least 50 lots or 5 acres, whichever is less. NC CC. Appendix H, Signs, is amended as follows; 1. Section H101.2 Signs exempt from permits, is replaced by ECDC 19.00.010(Q). 2. Section H101.2.1 Prohibited signs is added and reads;. a. It is unlawful for any person to advertise or display any visually communicated message, by letter or pictorially, of any kind on any seating bench, or in direct connection with any bench. b. All signs not expressly permitted by Chapter 20.60 ECDC. c. Signs which the city engineer determines to be a hazard to vehicle or pedestrian traffic because they resemble or obscure a traffic control device, or pose a hazard to a pedestrian walkway or because they obscure visibility needed for safe traffic passage. Such signs shall be immediately removed at the request of the city engineer. d. All signs which are located within a public right-of-way and that have been improperly posted or displayed are hereby declared to be a public nuisance and NC Packet Page 179 of 196 18 shall be subject to immediate removal and confiscation per ECDC 20.60.090. DD. Appendix J, Grading is amended as follows; Section J103.2 Exemptions is deleted. See ECDC 19.00.025E(13) NC 19.00.030 Architectural design review – Optional vesting. In addition to the vesting rights created by RCW 19.27.095 and ECDC 19.00.015, an applicant for development as defined in ECDC 20.10.010 and subject to architectural design board (ADB) review may, at the applicant’s option, file a fully complete augmented architectural design review application (hereinafter “augmented ADB application”) and vest rights including applicable permit, development and impact fees under the provisions of the ECDC and the state building code as adopted and amended by the city of Edmonds, this title as then in effect, to, but only to, the extent that the application provides full and detailed information necessary to confirm the particular regulation to be vested. The burden is on the applicant to provide such detail. A. A fully complete, augmented application for architectural design review shall consist of a complete application for architectural design review, executed by each and every property owner of record of the development site or their duly authorized agent(s), accompanied by the following: 1. All fees required by ordinance, including impact mitigation fees, to be deposited at the time such State Environmental Policy Act (SEPA) requirements become final. 2. A site plan showing the current zoning of the development site, the footprint of all proposed structures, the total square footage and use of each floor, all setbacks required by either the zoning code or state building codes, proposed parking configurations, and exits. 3. Elevation drawings showing the original grade of the site, any proposed alterations to grade, the proposed height of the structure and the number of stories. 4. A letter executed by all owners of record or their duly authorized agent(s) detailing the proposed use in sufficient detail to determine whether the proposed use complies with the zoning code then in effect and with the building code then in effect to determine type of NC Packet Page 180 of 196 19 construction and occupancy classifications of the IBC and IFC as those codes then in effect. 5. A building permit application, as described in IBC Section 105.3 as the same exists or is hereafter amended, and all building permit and plan review fees as established and set forth in Chapter 19.70 ECDC; provided, that the plans required by IBC Section 106 107, as the same exists or is hereafter amended, and other engineering documents, plans or drawings required by ECDC Title 18 may be submitted within 90 days of final ADB approval, or final approval on appeal. B. Upon filing of the augmented ADB application, the applicant shall be deemed fully vested as if a fully complete building permit application had been filed; provided: 1. The burden shall be upon the applicant to supply all material required by the provisions of this section and as necessary to meet the requirements of Chapter 20.10 ECDC. The applicant may supplement the original application in the event an application is deemed incomplete by the development services director or designee. Vesting shall occur only when the application is deemed complete by the development services director. Failure to supplement an incomplete application within 90 days of final ADB approval shall result in forfeiture of all fees paid and no vesting right shall attach. 2. The application shall expire along with all rights vested 180 days following the date of application if final architectural design approval is not received. a. The development services director or designee may issue an extension for an additional period, not exceeding 180 days, upon written request by the applicant(s) or their agent(s). Such request for extension shall be filed prior to the expiration of the original application time period. An extension shall be granted if the architectural design board has not yet considered the application or an appeal thereof is pending. b. The time period shall run concurrently with the periods established by ECDC 19.00.005 as the same exists or is hereafter amended. No application shall be extended more than once. In order to renew an application after expiration, the applicant shall resubmit all required information and pay a new plan review fee. 3. The applicant shall comply with all provisions of state law and regulation and this code regarding SEPA review. Review periods or delays occasioned by SEPA shall stay the Packet Page 181 of 196 20 time periods set by this chapter. 4. Following final ADB approval, the applicant shall file the plans and information required by IBC Section 106 a. Any substantial change not required by the terms of ADB approval. 107. It is anticipated that minor adjustments and changes may and are usually required to the plans submitted as a result of the plan review and administrative process; provided, that the following changes shall not be considered “minor” and shall forfeit vesting rights, and shall require the filing of a new application: b. Any increase in height or total square footage or any change which would change the occupancy classification for the purposes of the State Building Code. 5. Any decision of the city staff regarding the application stated in this section and its interpretation shall be considered a Type I decision appealable only to the superior court of Snohomish County by Land Use Petition Act. C. The rights vested by ECDC 19.00.025 I (section 105.3.3 of IBC as amended) and this section refer only to zoning and building code rights protected by RCW 19.27.095. D. These sections shall not be interpreted to create vesting rights not protected by RCW 19.27.095 and shall not be interpreted as a further limitation on the administrative obligations and legislative powers of the city. By way of illustration and not limitation, this chapter does not limit: 1. The city council’s authority to create local improvement districts. 2. The city council’s authority to legislate life safety requirements that are not required to recognize existing vested rights. 3. Environmental and shorelines review and mitigation procedures. Packet Page 182 of 196 21 International Residential Code (IRC) 19.05.000 International Residential Code adopted. The International Residential Code (IRC), 2009 Edition, published by the International Code Council, as amended by the Washington State Building Code Council in Chapter 51-51 WAC, and as subsequently amended by this chapter, is hereby adopted along with Appendix Chapters A, B, C, G, K and R. Language simplified. 19.05.005 Section amendments. Chapter one (1) is not adopted. See ECDC 19.00.015 This supports the use of IBC chapter one (1) for the administrative provisions Packet Page 183 of 196 22 The following sections of the IRC are herby amended as follows: A. Table R301.2(1) Climatic and Geographic Design Criteria, is amended with the following criteria: 1. Ground Snow Load = 25 psf 2. Wind Speed(d) = 85 mph 3. Topographical effects(k) = No 4. Seismic Design Category(f) = D2 5. Weathering(a) = moderate 6. Frost Line Depth(b) = 18 inches 7. Termite(c) = slight to moderate 8. Winter Design Temp(e) = 27 degrees F 9. Flood Hazard(g) = NFIP adoption 3/26/74. FIRM maps 11/8/99 10. Ice Shield Underlayment(h) = not required 11. Air Freezing Index(i) = 0-1000 12. Mean Annual Temp(j) = 50 degrees F These are the required design criteria for City of Edmonds. No change from previous B. Section R324 Automatic fire sprinkler system, is added and reads; An automatic fire sprinkler system is required for buildings containing five (5) or more attached dwelling units. Refer to ECDC 19.25.040. NC 19.05.02510 Manufactured home installation standards. A. Permit Regulations. 1. Chapter 296-150M WAC, as currently promulgated together with any future amendments thereof, or future additions thereto, is hereby adopted by reference and incorporated into the ECDC as if set forth herein in full. The building official is authorized to issue building permits and collect permit fees for the installation of all manufactured homes that meet the requirements of this chapter, to inspect the installation of manufactured homes, and enforce all violations of this chapter. NC Packet Page 184 of 196 23 2. All references to “installation permits” in Chapter 296-150M WAC, as herein adopted by reference, shall refer to building permits issued for the installation of manufactured homes. 3. Fees for the installation of a manufactured home shall be set forth in Chapter 19.70 ECDC. All other applicable development fees shall also be imposed as with any other single-family residence. 4. Mobile homes are permitted only within designated mobile home parks. 5. Pursuant to added RCW 35.21.897, 35A.21.310, 36.01.220, and amended RCW 35.63.160 and 1998 c 239 s 1, homes built to 42 USC Section 5401 through 5403 standards (as amended in 2000) shall be regulated for the purposes of siting, in the same manner as site-built homes, factory-built homes, or homes built to any other approved state construction. 6. Manufactured homes to be placed within the city shall not be older than three calendar years from the date of complete permit application submittal. The applicant is required to provide the vehicle identification number (VIN) information. 7. All spaces measured from the underside of the home to finished grade shall be enclosed with a decorative skirting. 8. Manufactured homes shall be thermally equivalent to the current State Energy Code. 9. The minimum manufactured home size shall be at least two fully enclosed parallel sections each not less than 12 feet wide by 36 feet long. Packet Page 185 of 196 24 10. Coated metal, tin, or vinyl roofing material is not permitted. 11. Manufactured homes shall comply with all other development standards of this code. [Ord. 3651 § 1, 2007]. International Mechanical Code and Fuel Gas Code (IMC & IFGC) 19.15.000 International Mechanical Code adopted. The International Mechanical Code (IMC), 2009 Edition, published by the International Code Council, as amended by the Washington State Building Code Council in Chapter 51-52 WAC, and as subsequently amended by this chapter is hereby adopted. Language is simplified otherwise no c hange. 19.15.005 Amendments Chapter one (1) is not adopted. See ECDC 19.00.015 This supports the use of IBC chapter one (1) for the administrative provisions Packet Page 186 of 196 25 19.15.010 International Fuel Gas Code adopted. The International Fuel Gas Code, 2009 Edition, published by the International Code Council, as amended by the Washington State Building Code Council in Chapter 51-52 WAC inclusive of NFPA 54 and 58, and as subsequently amended by this chapter, is hereby adopted. 19.15.015 Amendments Chapter one (1) is not adopted. See ECDC 19.00.015 Language is simplified otherwise no change. This supports the use of IBC chapter one (1) for the administrative provisions Uniform Plumbing Code 19.20.000 Uniform Plumbing Code adopted. The Uniform Plumbing Code (UPC), 2009 Edition, published by the International Association of Plumbing and Mechanical Officials, as amended by the Washington State Building Code Council in Chapter 51-56 WAC, and as subsequently amended by this chapter; provided that any provisions that affect fuel gas piping are not adopted, is hereby adopted. 2009 reference and language is simplified otherwise no change 19.20.005 Amendments. Chapter one (1) is not adopted. See ECDC 19.00.015 Packet Page 187 of 196 26 Section 1014 Grease traps and interceptors, is deleted. See ECC 7.90 Section 1016 Sand Interceptors, is deleted Section 1017 Oil and flammable liquids interceptors, is deleted. Chapter 12 Fuel piping, is deleted Chapter 15 Firestop protection, is deleted 19.20.010 Evidence of potable water. Prior to the issuance of any building permit for new development, the building official shall require substantive evidence of an adequate potable water supply from the purveyor of water to the site for which a building permit is requested. For those areas lying within the service area of the city of Edmonds water utility, the notification from a duly authorized representative of the city's water utility shall be sufficient; provided, nothing herein shall be interpreted to prevent the city or any of its water purveyors from declaring a moratorium or other water emergency limiting or otherwise restricting the availability of adequate potable water. Applicants relying on a well shall provide a copy of applicable state approval for the appropriation and a current test of water quality by a qualified laboratory. [Ord. 3651 § 1, 2007]. NC Washington State Energy Code 19.30.000 State Energy Code adopted. The Washington State Energy Code, 2009 Edition, as adopted and amended by the Washington State Building Code Council in Chapter 51-11 WAC, is hereby adopted. 2009 reference otherwise NC Packet Page 188 of 196 27 International Property Maintenance Code 19.40.000 International Property Maintenance Code adopted. The International Property Maintenance Code, 2009 Edition, published by the International Code Council, is hereby adopted. This is a new code adoption. The International Property Maintenance Code (IPMC) replaces the Uniform Housing Code and the Uniform Code for the Abatement of Dangerous Buildings, which are deleted. The IPMC is formatted to work in conjunction with the IBC and the International Existing Building Code (IEBC). 19.40.005 Amendments. There are some amendments necessary to make this code work with our current enforcement and appeal process. A. Section 102.3 Application of other codes, is amended to read: Repairs, additons or alterations to a structure, or changes of occupancy shall be done in accordance with the procedures and provisions of the codes listed in 19.00.005. Nothing in this code shall be construed to cancel, modify or set aside any provision of the ECDC. This makes the tie to the ECDC, which thereby links the IPMC to our zoning provisions B. Section 106 Violations, is deleted and replaced as follows; Violation of any provisions of this code are subject to the Civil Violation – Enforcement procedures in Chapter 20.110 ECDC. This section removes the violation process in the IPMC and references the processes laid out in the ECDC. C. Sections 108.2 Closing of vacant structures, 108.3 Notice, 108.4 Placarding, 108.5 Prohibited occupancy, 108.6 Abatement methods and 108.7 Record, are deleted and replaced by the provisions of Chapter 20.110 ECDC Again using enforcement process of the ECDC D. Section 111 Means of Appeal, is deleted and replaced by ECDC section 20.110.040 C. Appeal process of ECDC replace those laid out in IPMC E. Section 302 is deleted Packet Page 189 of 196 28 F. Section 303 is deleted G. Section 308 is deleted H. Section 309 is deleted These sections are deleted to avoid conflict with ECDC zoning code and municipal code nuisance regulations. International Existing Building Code 19.50.000 International Existing Building Code adopted. The International Existing Buildings Code, 2009 Edition, published by the International Code Council, as amended by the Washington State Building Code Council in Chapter 51-50 WAC, and as subsequently amended by this chapter, is hereby adopted.is hereby adopted along with Appendix Chapter A (Guidelines for the seismic retrofit of existing buildings) and Resource A (Guidelines on fire ratings of archaic materials and assemblies). The International Existing Building Code (IEBC) is a new adoption. This replaces the old Washington State Historic Building Code, which is no longer supported by the State. The Code is adopted along with the State amendments. Electrical Code 19.55.000 National Electrical Code adopted. Under the statutory authority of RCW 19.27.031 and 19.27.074, the National Electrical Code, 2002 2008 Edition, as published by the National Fire Protection Association, is hereby adopted as the electrical code for the city of Edmonds subject to the amendments made herein. The State of Washington Department of Labor and Industries, Electrical Inspection Section, Rules and Regulations for Installing Electric Wiring and Equipment and Administrative Rules, 2002 2008 Edition, is hereby adopted as part of the electrical code of the city of Edmonds. Reference to the 2008 edition of the National Electrical Code. Otherwise NC Packet Page 190 of 196 29 19.55.005 When code effective. If the state of Washington, through its duly designated electrical inspector or inspectors, for any reason fails to continue to inspect electrical installation, license the same or provide the standards, the provisions of the Edmonds electrical code as amended shall be applicable to all electrical installation in the city as if the state of Washington had not exercised jurisdiction of any kind. NC 19.55.010 Nonliability. This chapter shall not be construed to relieve or lessen the responsibility of any person owning, operating or installing any electrical equipment for damages to anyone injured by a defect of the equipment, nor shall the city or its agent be held as assuming any such liability by reason of the inspection under this code or the certificate of inspection issued by the building department. NC 19.55.015 Conflicts – How resolved. If there is any conflict between the electrical code of the city, the National Electrical Code and/or the rules and regulations as set forth by the state of Washington for electric wires and equipment, then the conditions, requirements, provisions or terms which provide, in the opinion of the building official, for the greatest public safety shall be observed and shall control. NC Packet Page 191 of 196 AM-3101 10. Reconsideration of Funding Source for Climate Solutions New Energy Cities Edmonds City Council Meeting Date:06/01/2010 Submitted By:Jana Spellman Submitted For:Councilman Strom Peterson Time:10 Minutes Department:City Council Type:Action Review Committee: Committee Action: Information Subject Title Reconsideration of funding source for Climate Solutions New Energy Cities. Recommendation from Mayor and Staff Previous Council Action During the May 18, 2010 Edmonds City Council Meeting, Councilmember Peterson explained Climate Solutions is an organization working with cities throughout the northwest to create new energy cities via reducing their reliance on fossil fuels, encouraging the use of renewable energies, and smart grid technology, all things that the Council has advocated in recent years. Climate Solutions provided a proposal to partner with the City on a professional basis to create a roadmap/guideline for Edmonds to become a leadership city in energy independence. Their proposal includes short term (in the next few months), mid-term (18 months – 5 years), and long range planning (up to 20 years). Climate Solutions requests the City provide $15,000. For that investment, the City will receive approximately $35,000 worth of work due to Climate Solutions’ ability to leverage their connections. Narrative During the discussion regarding where funding of this proposal was to come from, two sources were identified: Council Contingency Fund and the Council's Professional Budget line item. The Council voted to fund this proposal from the Council's professional budget line item. Council President Bernheim later determined that the appropriate funding source is the Council Contingency Fund and is asking that the Council reconsider and vote to fund this proposal from the Council Contingency Fund and rescind the decision to fund it from the Council's professional budget line item. Attachment 1: May 18, 2010 DRAFT Edmonds City Council Minutes Attachment 2: Document showing Council Contingency Fund Balance Fiscal Impact Attachments Link: Attach: 1 - May 18 2010 Council Minutes - Climate Solutions Link: Attach 2: Council Contingency Fund Doc Packet Page 192 of 196 Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 05/27/2010 12:06 PM APRV 2 Mayor Gary Haakenson 05/27/2010 12:08 PM APRV 3 Final Approval Sandy Chase 05/27/2010 12:10 PM APRV Form Started By: Jana Spellman  Started On: 05/21/2010 09:29 AM Final Approval Date: 05/27/2010 Packet Page 193 of 196 Edmonds City Council Draft Minutes May 18, 2010 Page 13 10. PRESENTATION ON CLIMATE SOLUTIONS NEW ENERGY CITIES. Councilmember Peterson explained Climate Solutions is an organization working with cities throughout the northwest to create new energy cities via reducing their reliance on fossil fuels, encouraging the use of renewable energies, and smart grid technology, all things that the Council has advocated in recent years. Climate Solutions has provided a proposal to partner with the City on a professional basis to create a roadmap/guideline for Edmonds to become a leadership city in energy independence. Their proposal includes short term (in the next few months), mid-term (18 months – 5 years), and long range planning (up to 20 years). Climate Solutions requests the City provide $15,000. For that investment, the City will receive approximately $35,000 worth of work due to Climate Solutions’ ability to leverage their connections. In the short term, Climate Solutions will create an action plan specific to Edmonds in consultation with government, business, environmental and community leaders as well as the public. Climate Solutions has reviewed the City’s Sustainability Element as well as work done by Sustainable Edmonds and the Mayor’s Climate Protection Committee. Although he has long been a supporter of this type of effort, Councilmember Peterson noted it is clear in light of the recent environmental disaster in the Gulf of Mexico that the public needs to take responsibility for its addiction to oil. Other advantages to this effort include economic development, job creation, public safety and public health and investing locally. Councilmember Fraley-Monillas expressed support for the City’s participation. She asked the source of the $15,000 expenditure. Councilmember Peterson answered options include, 1) the funds from Fire District 1, or 2) the Council Contingency Fund. He noted although the Council dedicated the Fire District 1 funds to capital investment, he viewed the end product as an investment in infrastructure. Council President Bernheim recalled the only appropriations from the Council Contingency Fund were $5,000 for Cascade Land Conservancy and $5,000 for Sustainable Edmonds. Councilmember Wilson advised the total amount in the Council Contingency Fund was $20,000. Council President Bernheim preferred not to use the Fire District 1 funds without further discussion. Councilmember Wilson suggested the $15,000 be taken from the ending cash balance. Although there may be good reasons to use the Fire District 1 funds, he preferred not to set that precedence. He noted the savings from not filling the Development Services Director position could be allocated toward this expenditure. Councilmember Peterson commented Cascade Land Conservancy was another excellent example of a partnership. The City has 25 hours of staff time from Cascade Land Conservancy and they have expressed willingness to work with the Economic Development Committee on the neighborhoods of Westgate and Five Corners. He urged the Council to make a decision regarding Climate Solutions tonight; one of the reasons they are able to provide Edmonds a good deal is economy of scale with other cities joining at the same time. Council President Bernheim expressed support for partnering with Climate Solutions but preferred to wait until a specific funding source was identified. He suggested Councilmember Peterson provide funding options at a future meeting including the balance in the Council Contingency Fund. Mayor Haakenson advised there was a sufficient amount in the Council Contingency Fund for this expenditure. Council President Bernheim expressed his support with funding from the Council Contingency Fund. Councilmember Wilson advised approximately $76,000 was budgeted for Council professional services and anticipated funding was available from that source. He anticipated the funds in the Council Contingency Fund would be needed for a levy committee. Packet Page 194 of 196 Edmonds City Council Draft Minutes May 18, 2010 Page 14 COUNCILMEMBER PETERSON MOVED, SECONDED BY COUNCILMEMBER WILSON, TO ACCEPT CLIMATE SOLUTIONS’ PROPOSAL AS PRESENTED WITH FUNDS FROM THE PROFESSIONAL SERVICES PORTION OF THE COUNCIL BUDGET. MOTION CARRIED (4- 1), COUNCILMEMBER PLUNKETT VOTING NO. 11. DISCUSSION OF INTERNET WIRELESS ACCESS FOR COUNCIL CHAMBERS. Council President Bernheim commented it would be useful for Councilmembers to have internet access during Council meetings as it would allow them to access the City’s databases and codes, minutes of past meetings, etc. He recalled the issue was raised when Councilmember Wilson was Council President and it was resolved at the Council retreat to have internet access installed at the dais. It was originally planned to be installed in March and was later promised for mid-May. If staff was too busy to do the installation, he suggested the Council Assistant engage someone to do the installation. Student Representative Marmion asked if the Ethernet ports under the dais were active. Council President Bernheim advised they were not currently functional. He asked if City Clerk Sandy Chase had wired internet at her seat in the Council Chambers. Ms. Chase answered certain areas in the Council Chambers have wired internet. Mayor Haakenson advised Finance Director Lorenzo Hines was working on it and had emailed Council President Bernheim an updated timeline. He assured staff would get it done although it was not a top priority. The Council was welcome to hire an independent contractor. Council President Bernheim requested Mr. Hines be removed from the project and he would coordinate it himself. Councilmember Wilson commented the Council had given the Council President authority to move forward expeditiously. He recognized Mr. Hines had other more important priorities. Mayor Haakenson answered it was not Mr. Hines, it was the City’s Information Technology staff of 2½ people that do not have time. Councilmember Wilson recognized the City was so under capitalized it did not have the resources to undertake the Council’s requests whether it was financial data, inventorying carbon emissions, etc. He suggested Council President Bernheim provide information to the Council regarding hiring someone to provide internet access in Council Chambers. 12. DISCUSSION AND POSSIBLE ACTION ON REQUEST TO MAYOR OF CITY OF EDMONDS BY EDMONDS CITY COUNCIL FOR INFORMATION REGARDING LEGAL FEES PAID BY THE CITY OF EDMONDS FROM JANUARY 1, 2009 THROUGH APRIL 28, 2010. Council President Bernheim commented this was another example of accommodating the busy City staff. He requested a printout of the 2009 legal fees from the vouchers that indicated who it was paid to, the amount, and the description. That information would allow the Council to see what law firms are paid by the City and for what purpose which could be used in the analysis of the City’s legal fees. He advised the 2009 budget for legal fees did not divide it into payee such as the fiber optics lawyer, bond counsel, Ogden Murphy Wallace, etc. He expressed concern that the information he requested had not been provided by staff and asked whether the Council supported his request for that information. He had been offered as an alternative all the legal bills from Ogden Murphy Wallace; however, his intent was to determine the total amount the City expended on legal services. Mayor Haakenson assured Council President Bernheim that his request had not been ignored but as his email stated, the Finance Department is very busy and understaffed; Mr. Hines would get to his request at some point but it could be several months. Council President Bernheim responded he was interested in receiving the information sooner. Councilmember Fraley-Monillas observed the answer was provided by Ms. Bloom via her public records request. The underlying issue is an in-house attorney versus a contract attorney. Recognizing little could be done at the present time because the City is contracted with Ogden Murphy Wallace through 2011, she recommended the Council continue to evaluate an in-house versus a contract attorney and whether there Packet Page 195 of 196 Pa c k e t Pa g e 19 6 of 19 6