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2012.12.11 CC Meeting and Committee Meetings Agend              AGENDA EDMONDS CITY COUNCIL Council Chambers ~ Public Safety Complex 250 5th Avenue North, Edmonds _____________________________________________ DECEMBER 11, 2012             6:00 P.M. - CALL TO ORDER / FLAG SALUTE   1.(5 Minutes)Roll Call   2.(5 Minutes)Approval of Agenda   3.(5 Minutes)Approval of Consent Agenda Items   A. Approval of City Council Meeting Minutes of December 4, 2012.   B. Approval of claim checks #135698 dated November 30, 2012 for $14,011.30 and claim checks #135699 through #135835 dated December 6, 2012 for $419,306.90 (replacement check #135747 $135.00). Approval of payroll replacement check #51969 $1,805.20, payroll direct deposit & checks #51970 through #51983 for $458,071.96, benefit checks #51984 through #51995 and wire payments of $264,720.11 for the period November 16, 2012 through November 30, 2012.   4.Audience Comments (3 Minute Limit Per Person)* *Regarding matters not listed on the agenda as Closed Record Review or Public Hearings   5.(60 Minutes)2013 Budget Adoption   6.(5 Minutes)Mayor's Comments   7.(15 Minutes)Council Comments   8.(45 Minutes)Convene in executive session regarding potential litigation per RCW 42.30.110(1)(i).   9.(5 Minutes)Reconvene in open session.  Potential action as a result of meeting in executive session.   ADJOURN TO CITY COUNCIL COMMITTEE MEETINGS   The City Council Committee meetings are work sessions for the City Council and staff only. The meetings are open to the public but are not public hearings. The Committees will meet in separate meeting rooms as indicated below.   10.Finance Committee Packet Page 1 of 369 10.Finance Committee Jury Meeting Room   A.(15 Minutes)Draft Proposed Cable Franchise Agreement between the City of Edmonds, Washington and Comcast of Washington LLC and Comcast of California/Colorado/Washington I, Inc.   B.(15 Minutes)2012 Budget Amendment   C.(10 Minutes)October 2012 Monthly Financial Report   D.(10 Minutes)Public Comments (3 Minute Limit Per Person)   11.Parks, Planning & Public Works Committee Meeting Room:  Council Chambers   A.(5 Minutes)Authorization for Mayor to approve acceptance and recording of Public Pedestrian Access Easement for Key Bank   B.(5 Minutes)Authorization to award construction services for the 76th Avenue W Water Main Replacement Project to Santana Trucking & Excavating, Inc.   C.(5 Minutes)Report on final cost on the Perrinville Creek Mitigation Project and acceptance of project.   D.(5 Minutes)Briefing on the Status of the Dayton Street & SR104 Drainage Alternatives Study.   E.(5 Minutes)Authorization for Mayor to sign Proposed Supplemental Agreement No. 1 with HDR Engineering, Inc for design services on the WWTP Standby Power Distribution and Switchgear Improvements Project.   F.(10 Minutes)Discussion on Interim Ordinance Related to a Zoning Code Change to the BN Zone (Westgate only) - Reduction of Front Structural Setback along SR-104.   G.(10 Minutes)Public Comments (3 Minute Limit Per Person)   12.Public Safety and Personnel Committee Meeting Room:  Police Training Room   A.(10 Minutes)IT Supervisor job description approval.   B.(10 Minutes)Personnel Policy edits.   C.(10 Minutes)Supplemental Agreement No. 1 to Animal Kenneling Services Agreement   D.(10 Minutes)Public Comments (3 Minute Limit Per Person)   ADJOURN   Packet Page 2 of 369    AM-5325     3. A.              City Council Meeting and Committee Meetings Meeting Date:12/11/2012 Time:Consent   Submitted By:Sandy Chase Department:City Clerk's Office Committee: Type: Action Information Subject Title Approval of City Council Meeting Minutes of December 4, 2012. Recommendation Review and approval. Previous Council Action N/A Narrative Attached is a copy of the draft minutes. Attachments 12-04-12 Draft City Council Minutes Form Review Inbox Reviewed By Date Mayor Dave Earling 12/06/2012 07:55 PM Finalize for Agenda Sandy Chase 12/07/2012 08:28 AM Form Started By: Sandy Chase Started On: 12/06/2012 11:17 AM Final Approval Date: 12/07/2012  Packet Page 3 of 369 Edmonds City Council Draft Minutes December 4, 2012 Page 1 EDMONDS CITY COUNCIL DRAFT MINUTES December 4, 2012 The Edmonds City Council meeting was called to order at 7:00 p.m. by Mayor Earling in the Council Chambers, 250 5th Avenue North, Edmonds. The meeting was opened with the flag salute. ELECTED OFFICIALS PRESENT Dave Earling, Mayor Strom Peterson, Council President Frank Yamamoto, Councilmember Joan Bloom, Councilmember Kristiana Johnson, Councilmember Lora Petso, Councilmember Adrienne Fraley-Monillas, Councilmember Diane Buckshnis, Councilmember (arrived 7:02 p.m.) STAFF PRESENT Jim Lawless, Assistant Police Chief Stephen Clifton, Community Services/Economic Development Director Phil Williams, Public Works Director Shawn Hunstock, Finance Director Carrie Hite, Parks & Recreation Director Rob Chave, Planning Manager Carl Nelson, CIO Kernen Lien, Senior Planner Jeff Taraday, City Attorney Sandy Chase, City Clerk Jana Spellman, Senior Executive Council Asst. Jeannie Dines, Recorder 1. ROLL CALL City Clerk Sandy Chase called the roll. All Councilmembers were present with the exception of Councilmember Buckshnis. 2. APPROVAL OF AGENDA COUNCIL PRESIDENT PETERSON MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO APPROVE THE AGENDA IN CONTENT AND ORDER. MOTION CARRIED (6-0). (Councilmember Buckshnis was not present for the vote. (Councilmember Buckshnis arrived at 7:02 p.m.) 3. APPROVAL OF CONSENT AGENDA ITEMS Councilmember Bloom requested Items A and B be removed from the Consent Agenda. COUNCIL PRESIDENT PETERSON MOVED, SECONDED BY COUNCILMEMBER YAMAMOTO, TO APPROVE THE CONSENT AGENDA AS AMENDED. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: C. APPROVAL OF CLAIM CHECKS #135610 THROUGH #135697 DATED NOVEMBER 29, 2012 FOR $839,642.62 (REPLACEMENT CHECK #135662 $18,595.29). D. NONREPRESENTED COMPENSATION POLICY. Packet Page 4 of 369 Edmonds City Council Draft Minutes December 4, 2012 Page 2 E. LAW SUPPORT (NON-COMMISSIONED POLICE DEPARTMENT EMPLOYEE GROUP) MEMO OF UNDERSTANDING (MOU) FOR ONE YEAR EXTENSION. F. ORDINANCE NO. 3900 - ADOPTING CHAPTER 20.23 OF THE EDMONDS COMMUNITY DEVELOPMENT CODE, BED AND BREAKFASTS, AND AMENDING OTHER REFERENCES AND DEFINITIONS AS NECESSARY. G. ORDINANCE NO. 3901 - STREET VACATION AMENDMENT TO CHAPTER 20.70 OF THE EDMONDS COMMUNITY DEVELOPMENT CODE (FILE AMD20120003). H. ORDINANCE NO. 3902 - AMENDMENTS TO CHAPTER 4.12 OF THE EDMONDS CITY CODE AND PORTIONS OF CHAPTERS 16.43, 16.50, 16.55, AND 16.60 OF THE EDMONDS COMMUNITY DEVELOPMENT CODE TO EXPRESSLY PERMIT MOTORIZED MOBILE VENDORS. ITEM A: APPROVAL OF CITY COUNCIL MEETING MINUTES OF NOVEMBER 20, 2012. Councilmember Bloom requested the following: • Revise Fred Breske’s comments Page 3, Audience Comments: “He questioned what other property had to divert property water from the City’s stormwater drainage system onto private property as a condition to obtain a building permit.” ITEM B: APPROVAL OF CITY COUNCIL MEETING MINUTES OF NOVEMBER 27, 2012. Councilmember Bloom requested the following: • Replace the first sentence, second paragraph, Page 18, with “Councilmember Bloom referred to Change #14 (revised wording in Senior Planner, Associate Planner and Senior and Engineering Planning Manager job descriptions), and requested it be revised to read, “Prepares and maintains a variety of records and reviews related to assigned activities; recommends updates or makes recommendations regarding policy or code changes to the department head as necessary.” COUNCILMEMBER BLOOM MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO APPROVE CONSENT AGENDA ITEMS A AND B AS AMENDED. MOTION CARRIED UNANIMOUSLY. 4. AUDIENCE COMMENTS Donna Breske, Snohomish, a licensed civil engineer, relayed she submitted a request to the city for an internal investigation for four unsubstantiated and falsely issued city code violations to one individual by Code Enforcement Officer Mike Thies: 1. Although no city business license is required per city code for a house rental, Mr. Thies issued a code violation for failure to obtain a business license for a house rental. 2. Ignoring 17.60.010 that requires proof of non-compliance for a noise violation, Mr. Thies issued a noise violation without any proof from a qualified testing laboratory. 3. Mr. Thies issued a code violation for advertising an event facility when the advertisement was for a vacation house rental, not an event facility. 4. Mr. Thies issued a code violation stating the people renting the house would not meet the definition of family per ECDC 21.30.010. The definition applies to people residing in the City, not visiting and renting a vacation house. The November 3, 2008 Council meeting minutes reflect a statement by the former City Attorney that the City has never regulated the common practice of renting houses. Ms. Breske pointed out the house, located at 8022 Cyrus Place, and owned by John Ryan, was lost to foreclosure in 2011 because the City bombarded him with unsubstantiated code violations. The unsubstantiated code violations triggered the issuance of a warrant for Mr. Ryan’s arrest for failure to obtain a business license. On June 6, 2010, Mr. Ryan was placed under arrest by the Edmonds Police Department and placed in jail. She summarized she tells everyone she knows not to bring their investment money to Edmonds; they will get thrown in jail for Packet Page 5 of 369 Edmonds City Council Draft Minutes December 4, 2012 Page 3 unsubstantiated code violations. She provided the Council copies of the information she submitted today requesting a formal investigation Mona Fairbanks, Edmonds, an artist, recognized cuts have been made to the budget but wanted to emphasize the importance of arts in Edmonds for personal business and bringing people to the community. She referenced the presentation by Roger Brooks, commenting making the City beautiful with visual, performing and literary arts will attract people as illustrated by the number of people who attended the recent tree lighting event. She urged the Council to remember the arts. Gretchen Johnston, Edmonds, Director, Edmonds Conference Center, explained when she left her previous employer, Washington State Arts Alliance, colleagues from across the state told her how lucky she was to be coming to Edmonds because it was such a strong arts community. They referenced Edmonds’ art galleries, its public art, its downtown flower boxes and the many events such as the writers conference, the arts festival, music festivals, etc. She heard this same view from Edmonds residents while serving on the advisory committee for the Cultural Plan update. Edmonds’ civic identity is closely tied to arts and culture and that identity is important to the quality of life and economic vitality for the community. A clear up-to-date Cultural Plan can help keep that identity alive. The conference center uses that identity to market their facility regionally. She urged the Council to remember the importance of arts and culture to the community and local economy. Alvin Rutledge, Edmonds, referred to the Post Office’s test of same day delivery in 2013 and suggested the City inquire whether that would be possible in Edmonds. Next, he recalled Walmart’s interest in the former Kmart site and residents’ concerns with a large business and their interest in keeping Edmonds a small town. He noted there may be similar concerns if a large business expresses interest in the recently purchased waterfront property. Dave Page, Edmonds, recalled in 2000-2001, voters’ approval of $30 license tabs and 1% cap on property tax increases resulted in a $1 million reduction in the City’s annual revenue. By various cuts and other manipulations, the City’s budget reached this point, a lean, mean, fighting machine, noting all the fat has been cut. The City is facing large deficits next year and in future years and there are no more ways to address it. All departments were asked to cut 4.5%; as a result the Police Department cut 3 police officers and other programs. The Public Works Department already does not have sufficient funds to do street overlays. Overlays done downtown and elsewhere were funded by federal grants, not an ongoing overlay program. The Parks Department also cut 4.5%. He summarized this needs to be addressed; sooner rather than later the public needs to make a decision about what kind of city they want to have. Tracy Felix, Edmonds, thanked the Council and Mayor for the service they give to the community and the difficult decisions they will be making regarding the budget. She echoed Ms. Johnston and Ms. Fairbanks’ comments regarding the importance of arts in Edmonds. Arts are the city’s cultural identity and a huge part of her life. A working artist in Edmonds for at least 15 years, she has participated in the Art Walk, is a member of the Art Festival Foundation and Artist Connect, involved with all the galleries in the city, and recently opened an art supply, gallery and workshop studio on Main Street. She referred to the grants to schools for in-classroom projects and artists in residencies, commenting on the amount of support and caring in that program. She urged the Council to restore staff support for the cultural arts department. She noted Cultural Arts Manager Francis Chapin obtains grants to support art programs. 5. LEOFF 1 INSURANCE PLAN CHANGE Parks & Recreation/Interim Human Resources Reporting Director Carrie Hite explained staff has been researching medical plans and made a change to medical plans for employees and Council to United Health Care (UNHC); that plan also included LEOFF 1 employees. The City is responsible for medical costs for 30 retired law enforcement and firefighters (LEOFF 1), paying Medicare parts A, B and D as Packet Page 6 of 369 Edmonds City Council Draft Minutes December 4, 2012 Page 4 well as an additional medical plan through AWC. During analysis, a better plan than UNHC was found to cover the LEOFF 1 retired employees through the Employers Health Coalition of Washington (EHCW) working with the National Employees Benefit Companies, Inc., called AmWINS. This plan reduces the premium and results in savings to the City. Councilmembers Fraley-Monillas and Bloom, representatives of the Disability Board that approves medically necessary expenses for LEOFF 1 retired employees, also reviewed the proposed plan. Staff recently hired a consultant to perform an actuarial study with the 2012 claims data for LEOFF 1 retirees. That study was not peer reviewed and the results are +/- 30% margin of error. Savings of up to $185,000/year are anticipated in LEOFF 1 costs, primarily in premium share costs. Even in the worst case scenario of adding 30% to the cost of the bottom line, the AmWINS plans could still potentially save $75,000. The Disability Board plans to look at medical benefit plan limits next year. Another benefit of having LEOFF 1 retirees on a different plan and not following employees and Council onto the UNHC plan is they will not be included in the City’s claims data and included on their own in a pooled trust through AmWINS. Ms. Hite recommended the savings not be identified for any spending but be added to the LEOFF 1 reserves for any future liability until the City has 1-2 years of experience with this new plan. There is the potential to enter into a Medicare supplement plan with UNHC plan next year; the open enrollment ends December 7, which was too soon to consider that plan for 2013. Councilmember Fraley-Monillas expressed her support, commenting Councilmember Bloom and she reviewed the plan and it appeared there would be cost savings while providing similar services. Councilmember Bloom also expressed her support. Mayor Earling reiterated Ms. Hite’s suggestion not to utilize the savings from this change in the 2013 budget until the City has a track record of performance. Councilmember Buckshnis asked if this will impact Fund 617 or 009. Ms. Hite answered it would be allocated to Fund 009. Councilmember Buckshnis commented on the proposed change to Fund 009. Ms. Hite explained costs of $550,000 are incurred annually. Some cities spend dollar for dollar for LEOFF 1 in their budgets; others have a reserve for liabilities. She noted the City has some liability and risk as LEOFF 1 retirees age and a few are receiving benefits for long term care which is very expensive. There is potential for more requests for long term care. Therefore it would be prudent for the City to consider its reserves and budget accordingly. Councilmember Buckshnis suggested if the reserves are at $532,000 and there will be additional savings of $185,000-$200,000, then $100,000 could be allocated for a code rewrite. Ms. Hite answered the Council may do that; however, she noted staff may need to request additional funds for LEOFF 1 costs if the balance gets too low. COUNCIL PRESIDENT PETERSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO AUTHORIZE THE MAYOR TO SIGN THE ATTACHED AGREEMENTS TO PROVIDE THE AMWINS INSURANCE PLAN FOR LEOFF 1 RETIRED EMPLOYEES. MOTION CARRIED UNANIMOUSLY. 6. UPDATE FROM THE PLANNING BOARD There was no one from the Planning Board present to provide an update. Packet Page 7 of 369 Edmonds City Council Draft Minutes December 4, 2012 Page 5 7. CITY OF EDMONDS DRAFT 2013 LEGISLATIVE AGENDA AND PROFESSIONAL SERVICES AGREEMENT BETWEEN CITY OF EDMONDS AND MIKE DOUBLEDAY. Community Service/Economic Development Director Stephen Clifton explained the Council packet contains the proposed draft 2013 legislative agenda, which, if approved by the Council, will serve as a scope of work for Mike Doubleday, the City’s legislative contractor, during the 2013 legislative session. The draft legislative agenda has been modified since previously presented to the Council on October 8 based on comments from Directors, Councilmembers and meetings Mayor Earling and he have had with legislative representatives. The Council packet also includes a Professional Services Agreement between Mike Doubleday and City of Edmonds for year 2013 that needs to be approved by Council. Mike Doubleday explained the 2013 session is 105 days, January 14 through the end of April. There are three State budgets, capital, operating and transportation. He reviewed top priorities in the City of Edmonds’ 2013 Legislative Agenda: • Transportation Revenue Package o Statewide Package – Support the advancement of a statewide transportation revenue package, with a substantial local government component, to address maintenance and infrastructure projects in Edmonds o Public Access To/From West and East Sides of BNSF Rail Lines and Edmonds Ferry Terminal – Edmonds seeks funding to alleviate public safety, public access and ferry loading concerns as a result of more train travel through Edmonds [this item was not included in Mr. Doubleday’s presentation but was included in the legislative agenda in the Council packet] o Transportation Benefit District (TBD) – Support legislation to create local funding options for street maintenance through formation of local street utilities or by expansion of the existing TBD to raise the local option with Council approval from $20 to $40. o Healthy & Sustainable Communities – Pursue funding to support and enhance “Healthy & Sustainable Communities” efforts – including Complete Streets, Safe Routes to Schools, Bicycle & Pedestrian Grants, and the Recreational Trails Program (Transportation Budget). • Coal Trains o Monitor any legislation relating to the movement of coal along the BNSF rail lines. • Public Records Requests o Support legislation that provides some financial relief for cities and other governmental agencies related to, and addresses ways of managing public records requests. • Extension of Public Facilities District (PFD) Sales and Use Tax Credit o Seek to extend the PFD sales tax credit (.033) 15 years from 2027 to 2042. • State-Shared Liquor Revenues o Remove the $10 million annual diversion of liquor taxes to the state general fund. This funding was formerly distributed to cities. • Washington Wildlife and Recreation Program o Advocate for increased WWRP funding in 2013-15 Capital Budget. Mr. Doubleday reviewed support items on the 2013 Legislative Agenda: • Phase II Storm Water Funding o Seek state funding for cities, including Edmonds, so they can continue to meet Phase II storm water permit requirements • Refinements to Local Revitalization Financing (LRF) and Tax Increment Financing (TIF) Tools o Support a new round of funding for the LRF. o Support the passage of TIF in Washington. • Youth Athletic Facilities o Pursue legislation to re-establish funding for the Youth Athletic Facilities (YAF) Account (Capital Budget/Policy Bill). The YAF account remains in state statute, but has not been Packet Page 8 of 369 Edmonds City Council Draft Minutes December 4, 2012 Page 6 funded for several years. The City of Edmonds supports the reestablishment of the YAF funding, through retention of 50 percent of the expected sales tax proceeds that would come from the application of sales tax on competitive leagues run by public agencies and private organizations, and Metropolitan Park Districts. • Monitor and Support the easing property tax ‘suppression’ pressures on Metropolitan Parks Districts (MPDs). • Support Legislation that Removes or Extends the Sunset Provision Relating to Lodging Tax Uses Allowing Funds to be Used for 0perations and/or Support of the Operations and Capital Expenditures of Tourism-Related Facilities Owned by Non-profit Organizations. • Support $80 Million for Puget Sound Acquisition and Restoration (PSAR) Funding which Supports Implementation of the Highest Priority Projects Throughout Puget Sound. • Support $40 Million Request in Recreation and Conservation Office Capital Budget Request, to Serve as State Match to Federal Pacific Coastal Salmon Recovery Fund. • Support Funding for Salmon Recovery Lead Entities in the Recreation and Conservation Office’s General Fund Budget Request. • Support a Study Bill of the Draft Watershed Investment District Legislation. Councilmember Buckshnis asked if Mr. Doubleday wanted to meet with her to review the salmon recovery issues discussed at WRIA8. Mr. Doubleday answered yes. Also, with the passage of the marijuana initiative, Councilmember Buckshnis asked if the sale of marijuana would generate taxes for the City. Mr. Doubleday answered in theory cities would receive tax revenue. That will be decided by the Liquor Control Board during the next six months. Councilmember Petso asked if there had been any change in the relevant legislative committees that may assist or impair the effort to extend the PFD Sales and Use Tax Credit. Mr. Doubleday answered there has been no change in the House; the Ways and Means Chair is the same and he does not like special purpose districts. He was unaware of the Senate Ways and Means Committee Chair’s feelings regarding PFDs. Councilmember Petso asked about the intent to monitor coal trains, pointing out the Council has passed at least two resolutions opposing the coal trains and the terminal in Bellingham. Mr. Doubleday advised he was aware of that. Councilmember Petso suggested Mr. Doubleday actively monitor that issue and keep the Council up to date. Councilmember Petso expressed concern that there were a number of support items funded by the capital budget and asked how the City could share its priorities with the legislature priorities on those items. Mr. Doubleday advised most of the items were generic and cities/groups would receive a small percentage. Councilmember Bloom pointed out the top priorities in the Council packet included Public Access To/From West and East Sides of BNSF Rail Lines and Edmonds Ferry Terminal but Mr. Doubleday’s presentation did not include that item. She expressed concern with the language “ferry loading concerns” in the second bullet point. As Council did not approve including the underpass on the CIP, she preferred to study public safety and public access and consider ways to fund that, separate from the underpass. Councilmember Fraley-Monillas commented if “ferry loading concerns” were removed, consideration would still be given to public access to/from the west and east sides of the railroad tracks. Mr. Clifton agreed, explaining public access could mean pedestrian, bicycle and vehicular. Main Motion #1 COUNCILMEMBER BLOOM MOVED, SECONDED BY COUNCILMEMBER PETSO, TO STRIKE “FERRY LOADING CONCERNS” FROM “THE PUBLIC ACCESS TO/FROM WEST AND EAST SIDES OF BNSF RAIL LINES AND EDMONDS FERRY TERMINAL…” BULLET POINT. Packet Page 9 of 369 Edmonds City Council Draft Minutes December 4, 2012 Page 7 Councilmember Petso commented she too was interested in revising this item so that it was not specific to a ferry underpass. To those who have asked why not study it, Councilmember Petso said studying was never presented as an option; it was presented to the Council as a project. An alternative would be to change the language to “Edmonds seeks funding to study several alternatives to alleviate…” She supported seeking funding to study alternatives for public safety access for pedestrian access and possibly for ferry loading but wanted there to be options such as Pt. Edwards and Main Street locations; the City needs to decide and convey which way they want to proceed. If the intent is to use the language to push the tunnel project that the Council recently declined, she did not support it. Councilmember Fraley-Monillas did not support the motion as she preferred the language Councilmember Petso proposed to study several alternatives. Amendment #1 COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER PETSO, TO AMEND THE MOTION SO THAT THE SECOND BULLET READS, “PUBLIC ACCESS TO/FROM WEST AND EAST SIDES OF BNSF RAIL LINES AND EDMONDS FERRY TERMINAL - EDMONDS SEEKS FUNDING TO STUDY SEVERAL ALTERNATIVES TO ALLEVIATE PUBLIC SAFETY, PUBLIC ACCESS AND FERRY LOADING CONCERNS AS A RESULT OF MORE TRAIN TRAVEL THROUGH EDMONDS.” Council President Peterson pointed out the amendment included the language removed by the main motion. Action on Amendment #1 COUNCILMEMBER BUCKSHNIS WITHDREW HER AMENDMENT WITH THE AGREEMENT OF THE SECOND. Action on Main Motion #1 THE VOTE ON THE MOTION FAILED (2-5), COUNCILMEMBERS BLOOM AND PETSO VOTING YES. Main Motion #2 COUNCILMEMBER FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO AMEND THE SECOND BULLET POINT TO READ, “PUBLIC ACCESS TO/FROM WEST AND EAST SIDES OF BNSF RAIL LINES AND EDMONDS FERRY TERMINAL - EDMONDS SEEKS FUNDING TO STUDY SEVERAL ALTERNATIVES TO ALLEVIATE PUBLIC SAFETY, PUBLIC ACCESS AND FERRY LOADING CONCERNS AS A RESULT OF MORE TRAIN TRAVEL THROUGH EDMONDS.” Councilmember Johnson observed there was a conflict between the Council’s previous decision that this is not a top priority and now direction to Mr. Doubleday that this is a top priority; everything cannot be a top priority. She preferred the legislative agenda only include three top priorities (Statewide Package, Transportation Benefit District, and Healthy & Sustainable Communities). She found it difficult to vote against this, acknowledging it is an important issue but until the results of the Strategic Plan are available, she questioned giving this direction to Mr. Doubleday. Councilmember Fraley-Monillas explained this will enable Mr. Doubleday to begin talking to legislators. If the Council prefers it not be a top priority, it could be moved to support items. Councilmember Yamamoto pointed out priorities could be modified in the future. Amendment #2 COUNCILMEMBER FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER BLOOM, TO MOVE THIS ITEM OFF THE LIST OF TOP PRIORITIES TO THE SUPPORT SECTION. Packet Page 10 of 369 Edmonds City Council Draft Minutes December 4, 2012 Page 8 Council President Peterson asked if the legislature had discussed funding for this project. Mr. Doubleday answered during a Joint Transportation Committee visit to Edmonds a few months ago, three trains passed by within 30 minutes which demonstrated the concern. If the item is moved to the support section, no other cities are pursuing it but Edmonds. Council President Peterson was concerned with missing an opportunity if this item is moved to support. He clarified he was not advocating for the undercrossing, but if the City was not actively engaging legislators in looking at this, they will not do it. He did not support moving this item to support as this item is related specifically to Edmonds and Edmonds needs to take the lead; the ferry route is the Edmonds-Kingston route, not Mukilteo-Kingston. Councilmember Fraley-Monillas asked if Mr. Doubleday was not actively pursuing the other 14 items on the support list. Mr. Doubleday answered with the time he has, he will working mostly on top priorities and work on support items as time permits. Councilmember Fraley-Monillas asked if there was another section other than top priority or support. Mr. Clifton commented Edmonds is the only Washington State terminal with an at-grade crossing and that poses significant conflicts for pedestrians, vehicles and bicycles and maneuvering around ferry traffic loading/unloading. If Edmonds is not pushing to address safety issues at the Edmonds terminal and the waterfront, no other city will fight on the City’s behalf. That is why it is a top priority. Councilmember Yamamoto did not support moving this item to the support section as he wanted Mr. Doubleday to pursue it with legislators. Councilmember Buckshnis did not support this amendment but will support adding language to the item as a top priority. She supported studying ways to get around, over, or under the railroad tracks. Action on Amendment #2 COUNCILMEMBER FRALEY-MONILLAS WITHDREW THE AMENDMENT WITH THE AGREEMENT OF THE SECOND. Councilmember Bloom did not support the motion because her original motion to remove “ferry loading concerns” was due to her interest in pursuing safety access separate from a huge project that would stop/reroute train and ferry traffic for two years and have a huge economic impact to the City. She preferred to focus on the immediate public safety and public access problem. Councilmember Johnson commented this was an important issue but not a 2013 legislative agenda top priority. As a transportation planner, she sees the relationship between transportation and land use. As the City will be doing an update to the Comprehensive Plan and there is potential for redevelopment, those need to be considered at the same time. She preferred to pursue safety issues separate from the 2013 legislative agenda. Action on Main Motion #2 UPON ROLL CALL, MOTION FAILED (3-4), COUNCILMEMBERS BUCKSHNIS, YAMAMOTO AND COUNCIL PRESIDENT PETERSON VOTING YES; AND COUNCILMEMBERS JOHNSON, FRALEY-MONILLAS, BLOOM AND PETSO VOTING NO. Main Motion #3 COUNCILMEMBER PETSO MOVED, SECONDED BY COUNCILMEMBER BLOOM, TO REMOVE THE SECOND BULLET FROM THE 2013 LEGISLATIVE AGENDA. Action on Main Motion #3 MOTION CARRIED (4-3), COUNCIL PRESIDENT PETERSON AND COUNCILMEMBERS BUCKSHNIS AND YAMAMOTO VOTING NO. Packet Page 11 of 369 Edmonds City Council Draft Minutes December 4, 2012 Page 9 Main Motion #4 COUNCILMEMBER FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER PETSO, TO APPROVE THE 2013 STATE LEGISLATIVE AGENDA. Councilmember Bloom recalled during the last legislative session the Senate or the House voted to exempt audio recordings of executive sessions from public records requests and if a request was made, a judge would review the tape to determine if the Council met the criteria for an executive session. She suggested including that on the 2013 legislative agenda. City Attorney Jeff Taraday recalled Councilmember Bloom’s interest was for all audio recordings of executive sessions to be automatically exempt from public records regardless of the subject of the executive session versus the current hodge- podge of exemptions. Councilmember Bloom clarified her intent was to support the original bill that was approved by either the House or Senate. If the Council was not interested, she was okay with not pursuing it at this time. Action on Main Motion #4 THE VOTE ON THE MOTION CARRIED UNANIMOUSLY. Main Motion #5 COUNCIL PRESIDENT PETERSON MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO APPROVE THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF EDMONDS AND MIKE DOUBLEDAY. Action on Main Motion #5 THE MOTE ON THE MOTION CARRIED UNANIMOUSLY. 8. SHORELINE MASTER PROGRAM UPDATE INTRODUCTION Senior Planner Kernen Lien explained the City has been working on the Shoreline Master Program (SMP) update for about six years. The Planning Board recommended the Council review the SMP update concurrent with the Harbor Square Master Plan. He provided an overview: • Shoreline Management Act (SMA) o Passed by legislature in 1971, adopted by voters in 1972 • SMA policies address: o Shoreline Uses o Environmental Protection o Public Access • Shoreline Master Program (SMP) Under the Shoreline Management Act (SMA), each city and county with "shorelines of the state" must prepare and adopt a Shoreline Master Program (SMP) that is based on state laws and rules but is tailored to the specific geographic, economic and environmental needs of the community. The local SMP is essentially a shoreline-specific combined comprehensive plan, zoning ordinance, and development permit system. In 2003, the Department of Ecology (DOE) adopted new guidelines for SMP development. The SMP guidelines are state standards which local governments must follow in drafting their SMPs. The guidelines translate the broad policies of the SMA into standards for regulation of shoreline uses. The SMP consists of several sections, including: • Shoreline Inventory and Characterization • Shoreline Restoration Plan • Development Regulations o Draft ECDC Title 24 o Policies, regulations and standards for shoreline uses and modifications o Administrative provisions Packet Page 12 of 369 Edmonds City Council Draft Minutes December 4, 2012 Page 10 • Cumulative Impact Analysis In 2006 the City received a grant from DOE to begin work on the SMP update. A Technical Advisory Committee (TAC) was formed who reviewed policies, inventory and characterization, restoration plan, and shoreline environments. A consultant drafted ECDC Title 24 and the Cumulative Impact Analysis. Tonight’s presentation is intended to be an introduction to the SMP update; Mr. Lien envisioned there would be several reviews/discussions with the Council in the first quarter of 2013. Once the Council adopts the SMP; it is forwarded to DOE for approval. Mr. Lien explained the SMP applies to shoreline jurisdictions which include: • All marine waters • Streams and rivers greater than 20 cfs (Edmonds has none) • Lakes 20 acres or larger • Shorelands – upland areas within 200 feet • Associated wetlands Mr. Lien explained the intent of shoreline environments is to encourage uses that will protect or enhance the current or desired character of a shoreline. Environment designations are analogous to zoning designations for areas under SMA jurisdiction. The TAC reviewed the environmental designations with the exception of Mixed Use III and how it applies to Harbor Square. In the current draft SMP, there are 11 shoreline jurisdictions. Mr. Lien displayed a map of current shoreline designations, explained the current shoreline jurisdiction is 200 feet from Puget Sound. Under the current SMP, the Edmonds Marsh is considered an associated wetland, meaning shoreline jurisdiction ends at the edge of the Edmonds Marsh boundary. As part of the update, the Edmonds Marsh was determined to be a shoreline, meaning that shoreline jurisdiction extends 200 feet beyond the Marsh. He displayed an aerial view of the Edmonds Marsh, identifying historic boundaries of the marsh in 1870, 1944, 1964 and 2006. In negotiations with DOE, the extent of Edmonds Marsh as a shoreline was determined to be the 2006 boundary. Shoreline jurisdiction extends 200 feet beyond the Edmonds Marsh, into Harbor Square and the potential Edmonds Crossing site. Mr. Lien displayed another aerial view, a survey WSDOT did when considering Edmonds Crossing. A question that often arises is what happens when Willow Creek is day lighted and saltwater is allowed to intrude further into the Edmonds Marsh. He explained the Edmonds Marsh boundary will not expand; the salt aspect of the Marsh will expand. He identified the area that WSDOT believes will become a salt marsh (blue hatched on map) and the 10-foot elevation mark (mean high tide of Puget Sound is 10 feet depicted as red line on map). Mr. Lien explained it was near the end of the SMP update that DOE determined Edmonds Marsh would be a shoreline rather than an associated wetland. During the SMP update, consideration must be given to all plans, studies, surveys, inventories, and systems of classification made or being made by federal, state, regional, or local agencies, by private individuals, or by organizations dealing with pertinent shorelines of the state. The SMP must be consistent with the Comprehensive Plan and the Comprehensive Plan must be consistent with the SMP. When it was discovered Edmonds Marsh would be a shoreline, he was aware of the Port’s plans with regard to the Harbor Square Master Plan. When a new environment was created it was with that and the City’s Comprehensive Plan in mind. He referred to the Downtown Master Plan that states, this area is appropriate for design-driven master planned development which provides for a mix of uses and takes advantage of its strategic location between the waterfront and downtown. Under the current SMP, there were two Urban Mixed Use zones: • Urban Mixed Use I Packet Page 13 of 369 Edmonds City Council Draft Minutes December 4, 2012 Page 11 o North of fishing pier to Brackett’s Landing South • Urban Mixed Use II o Ferry Terminal o Marina Beach to fishing pier With the language in the Downtown Master Plan and the knowledge of the Harbor Square Master Plan, a new shoreline environment was established: • Urban Mixed Use III o Upland areas around Edmonds Marsh o Commercial area north of ferry terminal Mr. Lien explained the Urban Mixed-Use III designation is appropriate for those areas that have been intensely developed and that have no direct access to navigable waters. This designation is assigned to areas that are suitable and planned for mixed-use development including high-intensity, commerce, transportation, recreation and residential development. (ECDC 24.30.070.B). The Planning Board delayed review of the SMP update until the Harbor Square Master Plan was submitted. Mr. Lien reviewed uses and bulk and dimensional standards in the SMP that apply to Harbor Square: • ECDC 24.40.80 – Permitted Use by Shoreline Designation o Multifamily Residential Development proposed as an allowed use • ECDC 24.40.090 – Bulk and Dimensional Standards o 50 foot setback from edge of Edmonds Marsh for most uses and development o 15 foot setback for recreational use o Allowed height 35 feet with footnote that height determined by underlying zoning The current contract rezone for Harbor Square property has a 35-foot height limit. The Port has requested taller building within the Harbor Square site. Mayor Earling reiterated there will be further meetings on the SMP update. He invited general, big picture questions from the Council. Councilmember Bloom commented when she reviewed the SMP, it is clear that wetland buffers need to be observed. It was her understanding the Marsh is a wetland and the standard buffer for a Category I wetland such as the Edmonds Marsh was 200 feet; the Harbor Square Master Plan has a 50-foot setback. She asked how that would be resolved. Mr. Lien answered critical area regulations are an outgrowth of the GMA. There have been a few court decisions that have addressed that and DOE has developed guidelines: areas 200 feet from the ordinary high water mark are ruled by the SMP and areas outside of shoreline jurisdictions are ruled by the GMA and the critical areas regulations. When the SMP update was being drafted, there were a few options: copy specific sections of the Critical Areas Ordinance (CAO) into the SMP, reference the CAO and SMP, or include portions of the CAO in the appendix of the SMP. The City did a combination, adopting most of the CAO within the SMP but DOE felt the City’s wetland regulations did not meet their requirements and requested the City incorporate their Best Available Science for Small Jurisdictions. Title 24 contains a new section regarding wetlands and how wetland buffers will be applied within a shoreline jurisdiction area; the base buffer from DOE is 150 feet. Mr. Lien referred to allowed uses in critical areas, ECDC 23.40.220.C and ECDC 23.50.020, explaining Harbor Square is currently developed to approximately 25 feet of the Edmonds Marsh. Any redevelopment is an allowed activity per the City’s critical area regulations. The Port’s Master Plan references enhancing and increasing the buffer where possible but the critical area regulations would allow the site to be redeveloped within the critical area buffers because it already is a developed area. Packet Page 14 of 369 Edmonds City Council Draft Minutes December 4, 2012 Page 12 Councilmember Buckshnis relayed her understanding that the City would grandfather in its current footprint. Mr. Lien answered the Port is grandfathered to the developed footprint which is within 25 feet in some places. The impervious footprint of Harbor Square can be redeveloped per the City’s critical area regulations. In addition to language in the Harbor Square Master Plan regarding enhancing and increasing the buffer where possible, there are other things that can be done to improve the Marsh and reduce existing impacts. Councilmember Buckshnis asked if she could add to the questions she previously asked of staff regarding Harbor Square. Mr. Lien advised another public hearing regarding the Harbor Square Master Plan is scheduled for December 18. 9. PUBLIC HEARING ON THE PLANNING BOARD RECOMMENDATION TO APPROVE THE PORT OF EDMONDS REQUEST TO INCORPORATE THE PORT’S HARBOR SQUARE MASTER PLAN INTO THE CITY’S COMPREHENSIVE PLAN. THE HARBOR SQUARE MASTER PLAN ENVISIONS A MIXED-USE TRANSIT-ORIENTED DEVELOPMENT. THE MIXED-USE NATURE OF THE MASTER PLAN WILL ALLOW FOR RETAIL, COMMERCIAL, OFFICE AND PUBLIC USES, AND RESIDENTIAL HOUSING. THE MASTER PLAN COULD PROVIDE 340 TO 358 RESIDENTIAL UNITS, 50,400 SQUARE FEET OF RETAIL, 9,784 SQUARE FEET OF OFFICE, 123,410 SQUARE FEET OF RECREATIONAL HEALTH CLUB USES (INCLUDING TENNIS COURTS), 3.8 ACRES OF PUBLIC OPEN SPACE, AND 1,091 SPACES OF OFF-STREET PARKING. THE MASTER PLAN ENVISIONS BUILDINGS OF VARYING HEIGHTS, UP TO A MAXIMUM OF 55 FEET CONCEPTUALLY, BUILDINGS UP TO 35 FEET ARE PROPOSED FOR THE SR-104/DAYTON STREET INTERSECTION WHILE BUILDINGS OF 45 FEET ARE PROPOSED ALONG DAYTON STREET (WITH STEP-BACK PROVISIONS FOR PORTIONS ABOVE 35 FEET). FIVE STORY BUILDINGS (UP TO 55 FEET IN HEIGHT) COULD BE LOCATED TOWARD THE FAR SOUTHERN EDGE OF THE SITE. Senior Planner Kernen Lien explained the Port of Edmonds has submitted a request to the City to incorporate the Port’s Harbor Square Master Plan into the City’s Comprehensive Plan. The Port envisions a mixed use development including retail, commercial, office, public uses, and residential development. He emphasized this is a non-project level plan review. The Port has not applied for a development permit or a rezone. However, incorporating the Port’s Harbor Square Master Plan into the Comprehensive Plan would lay the foundation for a future rezone and/or development agreement for the site. Mr. Lien reviewed steps in a timeline of the Comprehensive Plan/development review process for Harbor Square, 2004-2014 and beyond, identifying points where the City Council will be involved (shown in italics): • 2004-June 2012 o Port prepares and adopts Harbor Square Master Plan • July – October 2012 o City reviews and adopts Harbor Square Master Plan as a Comprehensive Plan amendment o City completes and adopts SMP • 2012-2013 o City and Port enact conceptual development agreement/MOU • Undetermined – depends on market conditions and other factors o The Port prepares and issues a developer RFP, review proposals and select developer o Developer refines analysis, secures financing and prepares proposal and permit application o Developer applies to City for final development agreement, City reviews and approves with conditions o Developer completes construction documents and prepares building permit application o City reviews building permit application o Construction begins Packet Page 15 of 369 Edmonds City Council Draft Minutes December 4, 2012 Page 13 Pursuant to ECDC 20.00.050, an amendment to the Comprehensive Plan may be adopted only if the following findings are made: • The proposed amendment is consistent with the provisions of the Edmonds Comprehensive Plan and is in the public interest. • The proposed amendment would not be detrimental to the public interest, health, safety or welfare of the City. • The proposed amendment would maintain the appropriate balance of land uses within the City. Mr. Lien explained Harbor Square is located within the Downtown/Waterfront Activity Center and the site itself is within the Downtown Master Plan District which includes Harbor Square, the Antique Mall site, the WSDOT parking area and the former Skippers site. The Downtown Master Plan district is described as: Downtown Master Plan. The properties between SR-104 and the railroad, including Harbor Square, the Edmonds Shopping Center (former Safeway site), and extending past the Commuter Rail parking area up to Main Street. This area is appropriate for design-driven master planned development which provides for a mix of uses and takes advantage of its strategic location between the waterfront and downtown. The location of existing taller buildings on the waterfront, and the site's situation at the bottom of “the Bowl,” could enable a design that provides for higher buildings outside current view corridors. Any redevelopment in this area should be oriented to the street fronts, and provide pedestrian-friendly walking areas, especially along Dayton and Main Streets. Development design should also not ignore the railroad side of the properties, since this is an area that provides a “first impression” of the city from railroad passengers and visitors to the waterfront. Art work, landscaping, and modulated building design should be used throughout any redevelopment project (pg. 55). The Planning Board reviewed the Harbor Square Master Plan over seven meetings and forwarded a recommendation to incorporate the Harbor Square Master Plan into the City’s Comprehensive Plan. The Planning Board also made 14 specific recommendations for Council consideration. At the November 20 meeting, the City Council scheduled two public hearings, tonight and December 18. Also at that meeting Councilmembers indicated they would submit questions for staff and Port response. The Port’s responses are included in the Council packet (Attachments 5 and 6); City staff’s responses will be available before the continued hearing on December 18. Mr. Lien referred to correspondence the City has received related to the public hearing that have been provided to the Council this evening (printed on pink paper). Councilmember Petso commented Comprehensive Plan amendments generally need to be submitted by December 31 the year prior to their consideration. There is an exception in the code that the Council may for good cause shown accept applications after the prescribed deadline. She asked what constituted good cause shown and whether a motion was necessary to accept it as a 2012 or 2013 application. Mr. Lien responded the Port requested that the Harbor Square Master Plan be docketed for 2012; the Port has made that request every year since 2009. Public entities such as the Port, School District and Hospital District have their own processes for adopting plans. The Port Commission had to adopt the Harbor Square Master Plan before it was forwarded to the City. When public entities are expecting adoption in the coming year, the City has accepted letters requesting the docket, knowing they have their own public process to go through prior to coming to the City. Mr. Taraday clarified Councilmember Petso was raising a factual question about whether this in fact was a late application for 2012. Councilmember Petso asked if out of an abundance of caution she wanted to ensure it was accepted as a 2012 application, would the correct course of action be to ask for a vote on December 18 and what would constitute good cause shown. With regard to good cause shown, Mr. Taraday explained it is a legislative determination; the Council determines whether there is good cause to accept an application submitted after the deadline. He noted that is not to say that this is a late application. Packet Page 16 of 369 Edmonds City Council Draft Minutes December 4, 2012 Page 14 Mr. Taraday explained the purpose of the deadline and the docketing process is to ensure all Comprehensive Plan amendments are reviewed in a simultaneous process so that the Planning Board and Council understand the relationship between the amendments. Some years there may be several Comprehensive Plan amendments being considered at the same time. The docketing process ensures each amendment’s effect on the Comprehensive Plan as well as on the other amendments is considered. There are no other pending Comprehensive Plan amendments in 2012; therefore, the issue of integration between the amendments is not an issue. Because this is a Master Plan, a good argument could be made that the Council could adopt it as the initial adoption of a subarea plan. If it is treated as an initial adoption of a subarea plan, one of the exceptions to the annual amendment cycle, the Council can adopt it whenever they want. The Council could make a motion out of an abundance of caution, but he did not want Council to assume the application was untimely because he had not concluded that it was. Council President Peterson asked for clarification whether the application was timely. Mr. Taraday answered he has seen correspondence dated 2011 that requests this be docketed for 2012. If one considers that correspondence the application, it is timely. His understanding is, even though the code refers to Comprehensive Plan amendment applications being made on a form provided by the director, he was uncertain such a form exists. If there is no true application form, there would be no reason not to consider the letter as an application for the purpose of 2012. He summarized it was difficult for him to conclude tonight whether or not this was a timely application. His point was that it does not matter because whether it is timely or not, if the Council decides to treat it as the initial adoption of a subarea plan, it can be adopted whenever the Council wishes. Mayor Earling opened the public participation portion of the public hearing. Charles Gold, Edmonds, speaking for a number of people, relayed their strong opposition to a 55-foot height variance on the Harbor Square property. Citing economic viability, increased profitability, the Port asked the Council for the right to destroy the long standing practice of height control that has created the lovely and desirable Edmonds bowl, an island-like waterfront that attracts residents and visitors and supports solid property values. The Port has a right to develop up to 35 feet; if a higher limit is allowed, he fears it will be the new height limit west of SR 104 on all buildings beginning with the former Antique Mall and Skippers sites and extending throughout the waterfront. The City will have to grant the same limits to all or be sued by developers or property owners at the expense of taxpayers. The result is the irreplaceable loss of the quiet lovely town everyone desires. He relayed their request that the voters decide via a referendum whether to “Ballardize” Edmonds’ waterfront and downtown or if they wish to address problems in a less invasive way. They urge the Council to represent them and retain the bowl concept and limit height near the waterfront. Although it appears the project will generate a lot of one- time revenue and a small amount of ongoing revenue, no study has been done regarding infrastructure costs. He relayed their slogan, “Don’t Ballardize Edmonds.” Drake Bradley, Edmonds, a resident of Bella Coola Condominiums on 5th Avenue, referred to Attachment 7 of the Harbor Square Master Plan report, a study conducted by UW students on the impact of a 65-foot structure at Harbor Square. He displayed a map illustrating an L-shaped area where 65-foot structures were envisioned and the visibility of that location from 45 locations. He displayed a graph illustrating the results for Observation Point 42, explaining the students determined what could be seen from this point using airborne laser radar, topography and software. The conclusion, that structures would not be visible from Hemlock & 5th, is incorrect because the picture for Observation Point 42 shows a building across the street that blocks the view of all of Puget Sound and a good portion of the sky. He commented that this is a worthless data point because there is no view to be blocked. A majority of the points in the view corridor the Planning Board wanted studied are bounded by buildings on the left and right side of the road which, from the 6 foot elevation the students used, are high enough to block any building in the distance. The data leads to the mistaken conclusion that there is no dramatic visual impact Packet Page 17 of 369 Edmonds City Council Draft Minutes December 4, 2012 Page 15 of this structure. He pointed out the analysis needed to be done not from the street elevation but the elevation of view properties. Although the study goal was to assess whether there would be a negative impact on property values for property owners in the Edmonds bowl, the methodology does not allow that conclusion to be drawn because the observation points are not viewpoints of Puget Sound. He did not support the 55-foot height limit or the project until a solution to this problem was determined. Bill Angle, Edmonds, commented he has been a commercial property developer of public and private projects for the past 15-20 years and was also a participant in the preliminary redevelopment vision for Harbor Square. At that time he was not adverse to greater density and felt over-height exceptions could be addressed by really good design. In the course of this process, he called attention to the scale and began to have concerns when he learned there would be a parking garage of up to 1000 stalls. He noted 1000 parking stalls in one or a series of buildings represents an infrastructure cost of $35 million. He displayed information regarding a transit-oriented development in Redmond, Overlake Station, sponsored by King County that has 2 floors, 300 affordable apartments, and 500 parking stalls on a Park & Ride garage on 3 acres. The proposed Harbor Square project is 2½ - 3 times as large on 9 acres. He spoke in favor of maintaining Edmonds’ village atmosphere as cited in the Comprehensive Plan. The proposed project will be a very different kind of village, dramatically different than existing development. If allowed for public property, it almost assuredly will be requested for the Safeway and Skipper’s sites. Rick Utt, Edmonds, a former Architectural Design Board Member, a Planning Commissioner for Everett during the rezoning and application for the Navy port, and an expert witness on a lawsuit regarding a view corridor, commented on the sacredness of height requirements in Edmonds. After being asked to conduct a study of increasing height limits 5 feet, he soon learned you don’t mess with building heights in Edmonds, a fact everyone should be well aware of before suggesting increased heights. He was concerned with the lack of information to make this assessment; the materials include pictures and aerial views but the lidar survey is worthless because the reference points do not match the viewpoints. He was also concerned that the Antique Mall site, which has the same zoning, was not being considered at the same time. He feared if this development was approved, the heights permitted for Harbor Square would be cited when the Antique Mall site was developed. Elliott Shaw, Edmonds, stated he, his wife and his son purchased property at 3rd & Dayton and enjoy the view. He recalled asking the Council if any had a view and Mayor Earling’s response that he had a view. He asked if Mayor Earling’s view was obstructed by Harbor Square. City Attorney Jeff Taraday pointed out the purpose of a public hearing was for the Council to hear from the public, not vice versa. Mr. Shaw commented his view is obstructed by the proposed Harbor Square development. He explained he had to cut his building down 2½ inches which cost him a lot of money. He summarized the proposed Harbor Square Master Plan is wrong. He referred to an advertisement for an exceptional Emerald Place view condominium, commenting what sells in Edmonds is the view and he did not want his view eliminated. He suggested in the future the public hearing on the Harbor Square Master Plan be at the beginning of the agenda. He was opposed to any increased height and recommended the Port live with the 35-foot height limit. He referred to Michael Echelbarger’s purchase of the Antique Mall property and asked whether Mayor Earling was involved with that. Mayor Earling responded he was not involved with that acquisition. Charles Schaaf, Edmonds, said he signed in to show his attendance. Peter Tassani, Edmonds, a civil engineer from UW, spoke in favor of the Port’s plan for redevelopment of Harbor Square. He pointed out the project will create jobs, local businesses will profit from increased foot traffic and the City will increase its tax base. Edmonds needs to take advantage of opportunities in an honest and responsible manner such as has been done via this process and continue to build the City’s reputation as business friendly and continue to fund arts. The influx of resources, capital and human, is a sign of life and growth. Although many have spoken about deficits and budget cuts, some of those same Packet Page 18 of 369 Edmonds City Council Draft Minutes December 4, 2012 Page 16 people are unwilling to expand responsibly to maintain services they desire. The proposed buildings are a responsible way to proceed; going up is preferable to spreading out. He concluded over the three years the plans have been developed, the process has been transparent. He referred to a common phrase in business, if you are not growing you’re dying, and encouraged the City to grow and the Council to approve the Harbor Square Master Plan. John Reed, Edmonds, a member of the Edmonds Planning Board, speaking on behalf of Alliance for Citizens of Edmonds (ACE), summarized ACE’s goals: to support responsible development that respects and compliments the character of Edmonds, its small town atmosphere and its general low level architecture; promotes preservation of the natural environment in the City, its streams, beaches, parks and open space. ACE also attempts to provide citizens with accurate information about land use activities to allow them to make informed decisions and provide relevant input to elected leaders. ACE was asked by the Port to consider supporting the redevelopment vision earlier this year. In early April ACE conditionally supported the mixed use concept for the property detailed in the Port brochure mailed to citizens, provided that, a) heights were reduced to less than 5 and 4 stories, b) Dayton setbacks and step- backs were increased to eliminate the wall effect, and c) more emphasis was placed on open space and gathering space within the property. ACE also requested more opportunity for general public input. Those changes have not been made. After considerable discussion, ACE concluded they cannot lend their support to the proposal presented by the Port even if all of the Planning Board recommendations are incorporated. He summarized points in their December 3, 2012 letter sent to the Council: • 5 story, 55-foot buildings do not respect and compliment the small town atmosphere and general low level architecture of Edmonds and have an undesirable and unnecessary effect on uphill private views. • 4-story, 45-foot buildings 15 feet off Dayton with no upper floor step-back requirement will severely impact public view corridors, especially if similar structures were allowed in the future on the north side of Dayton. • Alternatives other than intense residential mixed use that incorporate more open space, gathering spaces and features that generate tourism and attract visitors to the City should be considered by the Port, City and citizens before modifying the Comprehensive Plan. • Several environmental concerns need to be addressed now including the impact of tall buildings near the Marsh, on the Marsh and its wildlife, the fill nature of the Harbor Square soils, underground and under-building contamination, train noise and ongoing flooding problems on SR104 at Dayton. • The tall building proposed by the Port at Harbor Square will lead to similar proposals of the Antique Mall and Skippers properties and possibly uphill toward downtown. It will be difficult of the City to control or deny them after allowing Harbor Square to develop in this manner. ACE recommends the Port Harbor Square Master Plan not be incorporated into the City’s Comprehensive Plan and instead propose that the Port, City, and the public work together to develop one or more alternative redevelopment visions for the Harbor Square site, taking advantage of its prime location near the waterfront. Hank Landau, Woodway, a property and business owner in Edmonds, explained as Edmonds is one of his favorite places, he looked closely at the Port of Edmonds conceptual plan for Harbor Square. He also looked at areas needing improvement in Edmonds, such as the large number of vacant commercial buildings, the struggling nature of some business and the loss of tax revenue. He recalled when moving to the area in 1973, most products and services were available in Edmonds. He believed the Port’s proposal will rejuvenate the downtown area in a highly positive way. It is more likely to provide space for business that complement existing businesses than to compete with them. With proper marketing it will provide a catalyst for technology based businesses to move to Edmonds, providing high paying jobs. The availability of commuter rail, buses and the ferry and a downhill route for morning bicyclists and the housing units at Harbor Square will mitigate the increase in auto traffic. The proposed plan will also add Packet Page 19 of 369 Edmonds City Council Draft Minutes December 4, 2012 Page 17 to the pedestrian friendliness of the waterfront, provide further amenities for Edmonds residents and potential environmental improvements to the Edmonds Marsh and Willow Creek. Although he was concerned with view impacts, the Port’s plan minimizes this impact. Vertical development also lessens the environmental impact caused by urban sprawl and decreases energy consumption compared to horizontal growth. The Port’s proposal for 3-5 story buildings is much less than the 18 stories proposed for Pt. Wells below Woodway and Shoreline. If the Port was less interested in what is good for the community and more interested in revenue, it could have made the argument that it is on a transportation corridor and thus justify extremely tall buildings that would truly impede neighbors views. Kathleen Dewhirst, Edmonds, explained she was on the Steering Committee, a diverse group who worked very hard and discussed a wide variety of options. All the Port is asking is for the Council to have a vision for the future; this is an opportunity to provide a platform so that a developer can make a proposal. She urged the Council to adopt the Harbor Square Master Plan. John Rutter, Edmonds, a resident of a view condominium on 3rd Avenue South, asked whose interest the Council should be most concerned with; in his opinion the Port’s interest was dwarfed by concern with the interest and investment of Edmonds view owners. The three condominium owners on his level of the building paid a 100% premium for their views, a total of about $800,000 purely for the view. The floor below paid slightly less. Considering other buildings in the Edmonds bowl with views, the Edmonds citizens’ investment is enormous. He feared if one building was allowed at 55 feet, the next developer would expect the same. Karen Wiggins, Edmonds, requested the Council not amend the Comprehensive Plan to allow the height and density increases requested by the Port’s Harbor Square Master Plan. The majority of Edmonds residents want to keep Edmonds like it is because they love the small town character. She was not opposed to change and was supportive of allowing residences on the Harbor Square site. She noted the City’s reference to the Ebbtide as a benchmark for new development, questioning whether the City wanted to compound one mistake with many others. She was concerned with residential development close to the train tracks and pointed out there is no scientific evidence that buildings that close and that tall next to Edmonds Marsh will not harm the Marsh. As Chair of the Edmonds Parking Committee, she knows people will only walk up to two blocks from where they park their car. The proposed development is 4-5 blocks from 5th & Dayton; shoppers will not walk that far, meaning either downtown or new development at Harbor Square will suffer and die. She referred to Edmonds’ duty to protect its public view corridors and suggested the Port do a virtual reality presentation to prove their proposal does not violate this requirement. Judy Nelson, Edmonds, expressed her strong opposition to the Harbor Square Master Plan. Implementation of the plan which includes 5-story building and 358 new residences is not in the public interest and will negatively affect the beauty and character of Edmonds for visitors and residents by blocking views of the water and increasing traffic congestion. The redevelopment plan will result in 2000 more people and 1000 more cars. It is questionable whether the project could be built as no soils engineering study has been performed. It is also questionable whether this area should be developed due to climate change and the increased likelihood of flooding and other natural disasters. She urged the Council to vote no on the Harbor Square Master Plan. Jan Conner, Edmonds, Manager, Best Western Hotel at Harbor Square, explained the company is also under a management agreement to manage Harbor Square property. She agreed with the proposed Harbor Square Master Plan, pointing out this is an effort to take the next step. If change and redevelopment are not considered, some of the values that Edmonds residents treasure are in jeopardy due to budget and service cuts. She urged the Council to give serious consideration to the Harbor Square Master Plan. Although she understood the concern with views, the Council is responsible for protecting public, not private views. This project will take years but is needed to add vitality to Edmonds. Packet Page 20 of 369 Edmonds City Council Draft Minutes December 4, 2012 Page 18 Chris Keuss, Edmonds, expressed support for the Harbor Square Master Plan. A member of the Steering Committee, he listed the principles the Committee formulated: • Create an entry point and visual gateway and a key link to the downtown area. New development may have an impact on downtown businesses; encourage links to downtown. • Ensure the area is pedestrian friendly to encourage the public to walk the area and use the public amenities. • Mixed use development encourages the Edmonds community to be more actively involved at Harbor Square and the waterfront. • Make sure the Edmonds Marsh is protected and enhanced via buffers, improved walking trails, viewing sites and habitat improvement. The principles were developed over a year; the Port has worked hard to gather public input on the plan and incorporate it into the plan. Economic development will generate badly needed revenue and have a positive impact on the business community. The Master Plan would reinvigorate a slowly deteriorating area into a vibrant and visible attractive community asset. He encouraged the Council to include the Harbor Square Master Plan in the Comprehensive Plan. Darlene Stern, Edmonds, a member of the EDC, stated she was speaking as a private citizen in favor of incorporating the Port’s Harbor Square Master Plan into the Comprehensive Plan. She suggested considering what is important to citizens: preserving the charm, the Marsh and public views. The proposal will provide sustainable economic development, connectivity between the waterfront and downtown, optimize transportation components, and create energy and interest in the business community. The Port has been a good neighbor and partner to the City, improving the marina and bringing interest and value to the community, demonstrating its transparency during the last four years this project has been under consideration by holding public meetings and implementing the community’s ideas into the Master Plan. Change is inevitable in business cycles and community cycles; change and survival is not mandatory for businesses or communities. The Harbor Square Master Plan is a conceptual idea for consideration; many steps will need to be taken before any of the renderings offered by the Port can come to fruition. None of the ideas can be discussed unless the first step is taken. She preferred Edmonds be vibrant, thriving and financially successful. She urged the Council to consider the benefits of including the Master Plan in the Comprehensive Plan: local residential dwellings, increased shopping for tourists and residents and connecting the waterfront and downtown. Redevelopment would increase interest in Edmonds and bring visitors interested in the City’s historical amenities while improving its financial future. She has a view but recognizes it is not the City’s responsibility to maintain or legislate policy that allows citizens to keep their views. Ron Clyborne, Edmonds, explained the goal of the Edmonds Chamber of Commerce is to promote the economic vitality of the greater Edmonds business community through advocacy, leadership and education. As President of the Chamber, speaking on behalf of the Board of Directors and members, the proposed development is a crucial step forward and he encouraged the Council to incorporate the Port’s Harbor Square Master Plan into the City’s Comprehensive Plan. The Chamber Board carefully reviewed the Port’s plan and concluded the Harbor Square Master Plan is a benefit to the community overall, not just the business community. The Board appreciates that some are concerned about change, their points of view are important, they contribute to a healthy dialogue and the Chamber respects their opinions. He urged the community to maintain their focus on the Harbor Square Master Plan and avoid worst case scenarios by citing examples such as Kirkland or Ballard. The Chamber wants to maintain the small town feel and charm of Edmonds. This plan represents a landmark decision and a critical moment in the City. The Council can choose to go forward or backward; to approve the Master Plan and allow the project to continue is seizing the opportunity and taking a bold step. The Council must weigh many factors and make one of their most difficult decisions during their tenure. The Harbor Square Master Plan has the Chamber’s full endorsement. Packet Page 21 of 369 Edmonds City Council Draft Minutes December 4, 2012 Page 19 Val Stewart, Edmonds, Vice President, Planning Board, referred to Planning Board Chair Phil Lovell’s summary of the Planning Board’s review of the Harbor Square Master Plan, adding that the Planning Board’s vote on the proposal overall was recorded as 6-1. At the October 10 meeting, 4 hours and 37 minutes into the meeting, she stated if she were to vote tonight, she would vote no. The reason she planned to vote no was the first of the 14 recommendations read, building heights shall be limited to 45 feet and consideration may be given to heights up to 55 feet if the development proposal includes significant public amenities and/or sustainable design certification such as LEED platinum. She wanted “or” removed to ensure any project with a 55 foot height was held to the highest standards. During their review, the Planning Board was reminded this is not a project proposal, but rather an amendment to the Comprehensive Plan. The Planning Board’s charge was whether to include residential and up to certain heights in the Comprehensive Plan. She recommended the Council consider the question, if the Comprehensive Plan includes language providing for buildings to be up to 55 feet in height, does that mean development regulations must allow buildings as high as 55 feet? Would an applicant asking for a zoning change that allowed 55-foot buildings be entitled to that change or would the City have discretion to deny such a change in zoning? She was in favor of the conceptual plan in general although she was uncomfortable with some aspects. Alan Mearns, Edmonds, a marine biologist and a member of the Friends of the Edmonds Marsh, explained the Friends have been involved in the Port’s planning effort and the Port has addressed many of the concerns they raised. The Port recognizes the ecological and cultural aspects of the Marsh and its wildlife and took their input seriously. However, the devil is in the details and they wonder how the hundreds of species of fish, wildlife and birds will adapt to the changes. In the later planning stages, he recommends bringing in experience from other marsh areas in urban and suburban environments to discuss how building setbacks, building heights, etc. affect wildlife in marshes. Dave Buelow, Edmonds, suggested the Council think about the following during their deliberations: 1. Harbor Square is not safe for residential construction. The land is fill dirt and has a very high water table. This combination makes it susceptible to liquefaction in the event of an earthquake as well as located in a high danger zone if a tsunami were to hit. If disaster hits here, the decisions the Council is able to make will determine if property damage, injury and loss of life could take place. 2. The Harbor Square project has not been thoroughly reviewed from an environmental impact perspective. The Port and Planning Board say this is not needed for inclusion into the Comprehensive Plan. That may be the process but it is backward and dangerous; the full impact of this development should be thoroughly vetted before being incorporated into the City’s Comprehensive Plan 3. The traffic study is not being considered. The Port’s own study states the project will generate an additional 3,300 net vehicle trips per day, taking the total to over 8,000, a 70% increase with no infrastructure changes proposed. 4. The transit advantage touted for this project is ending; the estimated completion date of Harbor Square corresponds with the arrival of light rail in Lynnwood on the I-5 corridor in 10 years. Edmonds School District is already moving tenants out of a former school site near 220th and Sound Transit is hoping to take over the site for the new Edmonds rail station. Commuter rail in the bowl will end. 5. Private views will be seriously impacted in the lower bowl. The Planning Board dismissed this claim when the Chair concluded it was a non-issue. View impacts will be dramatic, and the result will be decreased quality of life and home values for those in the viewshed along with decreased property tax revenues for the City. Mr. Buelow concluded the decision before the Council is huge and is about much more than Harbor Square. If a tax supported public entity gets their way, others will seek to replicate it on adjacent properties and potentially throughout the City. The Harbor Square Master Plan will negatively impact the Packet Page 22 of 369 Edmonds City Council Draft Minutes December 4, 2012 Page 20 lives of many residents and is potentially dangerous for new residents. He urged the Council to vote against including the Harbor Square Master Plan in the Comprehensive Plan. COUNCIL PRESIDENT PETERSON MOVED, SECONDED BY COUNCILMEMBER PETSO, TO EXTEND THE MEETING FOR 45 MINUTES. MOTION CARRIED UNANIMOUSLY. Larry Beard, Edmonds, spoke in favor of the amendment to include the Harbor Square Master Plan in the Comprehensive Plan. The City desperately needs an increase in tax revenue and to create a transition from downtown to the waterfront. The area between SR 104 and the railroad tracks is an economic and aesthetic wasteland, more akin to the Kent Valley than what would be expected on the Edmonds waterfront. The Port has proposed a well thought out plan that will actually work. Such a plan is not financially viable unless heights are sufficient to create residential properties, mixed use and amenities. Without residential and building height adjustments, the development does not pencil out. He urged the City Council to support including the Harbor Square Master Plan in the Comprehensive Plan. He pointed out due to the location in the bowl, view impacts will be negligible; however, it is not the City’s responsibility to protect private views, only public views. He concluded this project is needed to maintain and improve the City’s vitality. Steve Johnston, Edmonds, encouraged the Council to approve the amendment to allow the incorporation of the Harbor Square Master Plan into the Comprehensive Plan. This concept has been carefully, publicly and transparently vetted by fellow citizens. Responsible redevelopment consistent with the amendment will provide additional revenues to the City via construction fees in the short term and property taxes in the long term. It will provide community gathering places, high-end shopping and residents, and quality amenities. New residents will spend money in the City. A specific project will provide many opportunities including further protection of the Edmonds Marsh. It is scientifically possible to protect the Marsh with small buffers. It is scientifically possible and engineering feasible to build a 4 or 5 story building on the site despite the soils. This could be the centerpiece of a newly vibrant and healthy downtown and waterfront. With regard to shadows and shading, the City has lived in the shadow of no change for too long. This project can be the beginning of a carefully thought out, beneficial and feasible future for the community; no action is no plan at all. Roger Hertrich, Edmonds, challenged the timing of the filing of the Comprehensive Plan amendment. In addition, the Shoreline Master Plan map identifies soils and liquefaction for this area on Figure 10. He suggested the Council ask the City Attorney whether the City was liable by recommending changes in an area that had geologic problems. He attended several Planning Board meetings and suggested a study of the shadow from the tall buildings was missing from the process. Snohomish County’s Comprehensive Plan requires studies regarding shadows from tall buildings. He envisioned Dayton Avenue would be a cold corridor when the sun was blocked by buildings. He envisioned the shadow from buildings would also impact wildlife in the Edmonds Marsh. He envisioned development that was allowed on the south side of Dayton would also be requested on the north side. He concluded the Harbor Square Master Plan was a dramatic change and should not be approved. Ron Wambolt, Edmonds, a resident in downtown Edmonds with a view, recognized he does not own the view and it could go away at any time. To those opposed to the Port’s proposal, he noted many of the statements and opinions were devoid of facts and were opinions that denigrate the lengthy and thorough work done by the Port, Steering Committee, expert consultants and the Planning Board. He pointed out the Council represents everyone, not just those whose views may possibly be affected. To those who cited 65-foot buildings, the maximum is 35 feet; the average of the buildings is 45 feet. To the person who spoke about a parking garage with condominiums above, he pointed out the parking garage is envisioned along the railroad tracks and could potentially be topped with tennis courts, not condominiums. To those that question why the Antique Mall is not being discussed now, he pointed out the Port does not own the Antique Mall property. To those worried about 45-55 foot buildings setting a precedent and the Antique Packet Page 23 of 369 Edmonds City Council Draft Minutes December 4, 2012 Page 21 Mall developing with similar height buildings, he questioned why there were not more 5-story buildings like the Ebbtide. To the speaker who said the City would lose money from decreased property values if views were blocked, he pointed out the tax rate would simply increase to allow the City to collect 1% more in taxes than they did the prior year. He expressed his support for the project. Natalie Shippen, Edmonds, suggested the Council disregard the 500 pages of data they were asked to evaluate, as it only represents what $196,000 will buy. Instead, she urged the Council to consider the appeal Edmonds has for its citizens. The Planning Department paraded representatives of four failed cities before the Planning Board (Shoreline, Mountlake Terrace, Bothell and Lynnwood). Those cities all proposed taller buildings, the modern day snake oil. A failed town is one whose residents are not satisfied or proud of it. Edmonds is not a failed town; its residents are pleased with what they see and hear from visitors. Edmonds does not need a remedy or fix; it only needs a City Council that will protect what pleases residents. If Edmonds buys the remedy of failed towns, there is no turning back; once larger buildings are allowed, they will spread and what citizens once enjoyed will be lost. She urged the Council to deny the Port’s misguided proposal, say no to its 40-55 foot developer incentives and preserve what Edmonds residents value. Hearing no further comment, Mayor Earling closed the public participation portion of the public hearing. COUNCIL PRESIDENT PETERSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO CONTINUE THE PUBLIC HEARING TO DECEMBER 18, 2012. MOTION CARRIED UNANIMOUSLY. 10. ADOPTION OF UTILITY RATE ORDINANCE Public Works Director Phil Williams advised the packet included the Water Comprehensive Plan and appendixes as well as the Stormwater Comprehensive Plan, both approved by the Council and incorporated into the Comprehensive Plan in 2010. The plans include rate recommendations approved by the Council for ongoing rate adjustments for water and stormwater. Mr. Williams displayed a page from the 2010 Water Rate Plan that illustrates the recommended rate increase for 2013 of 7.5%. He displayed a page from the 2010 Stormwater Rate Plan that illustrates the recommended rate increase for 2013 of 8.5%; his revised recommendation is an 8.0% increase. He provided a comparison of 2010 sewer rates, noting Edmonds rates are 11th of the 12 comparator cities; Edmonds’ rate is $25.32; the average is $39.48 or 56% higher than Edmonds’s rates. He displayed a comparison of 2010 sewer rates that included two additional cities, pointing out Edmonds’ rate of $25.32; the average is $38.53 or 52% higher than Edmonds. He also displayed a comparison of 2012 sewer rates, pointing out Edmonds’ rate of $25.32; the average is $42.21 or 67% higher than Edmonds. He noted Edmonds has not adjusted its rates during the past two years; most other jurisdictions have. He provided a comparison of the percentage of rate changes for the comparator cities. He also provided a rate comparison of the average monthly single family utility bill changes (based on 500 cf/month without taxes. Mr. Williams pointed out Edmonds’ sewer rates are low. The Sewer Comprehensive Plan is being prepared now and will be presented to the Council for review and adoption mid-year. The plan will contain new capital projects that were unknown when the plan was last updated six years ago. The projects are based on data gathered via video of the City’s sewer lines. Staff recommends adjusting rates by 5% now to smooth future larger rate increases. Main Motion COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER YAMAMOTO, TO APPROVE ORDINANCE NO. 3903, AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE PROVISIONS OF SECTION 7.30.030 WATER RATES – METER INSTALLATION CHARGES, RELATING TO UTILITY RATES OF WATER Packet Page 24 of 369 Edmonds City Council Draft Minutes December 4, 2012 Page 22 SUPPLIED THROUGH METERS, THE PROVISIONS OF SECTION 7.30.040 UTILITY CHARGES – SANITARY SEWER, RELATING TO UTILITY RATES FOR SANITARY SEWER SERVICE, AND THE PROVISIONS OF SECTION 7.50.050 RATES AND CHARGES, RELATING TO UTILITY RATES FOR STORM AND SURFACE WATER MANAGEMENT SERVICES, IN ORDER TO INCREASE SUCH RATES. Amendment #1 COUNCILMEMBER PETSO MOVED, SECONDED BY COUNCILMEMBER BLOOM, TO AMEND THE MOTION TO NOT INCREASE THE SANITARY SEWER RATES IN SECTION 7.30.040. Councilmember Petso understood the concept of smoothing the rates and that staff sees increases coming based on preliminary work that has been done. She preferred not to impose a rate increase until a capital plan has been approved and the revenue analysis provided. Action on Amendment #1 UPON ROLL CALL, THE VOTE ON THE AMENDMENT CARRIED (4-3), COUNCILMEMBERS PETSO, FRALEY-MONILLAS, BLOOM AND JOHNSON VOTING YES; COUNCILMEMBERS YAMAMOTO, BUCKSHNIS AND COUNCIL PRESIDENT PETERSON VOTING NO. City Attorney Jeff Taraday clarified the amendment effectively deletes Section 2 from the ordinance. Action on Main Motion THE VOTE ON THE MAIN MOTION CARRIED UNANIMOUSLY. 11. MAYOR'S COMMENTS Mayor Earling reported a group of statewide Mayors are meeting to discuss a potential recommendation to the legislature for an improved statewide transportation package. It likely will include a recommendation regarding gas tax, a small increase in Motor Vehicle Excise Tax, and increased TBD fees from $20 to $40. He offered to provide the Council a memo in the next few days with the recommendations, noting it is scheduled as an agenda item on December 18. 12. COUNCIL COMMENTS Councilmember Johnson thanked everyone who participated in tonight’s public hearing. It was a very balanced representation and she appreciated all the comments. She reported the 2013 Historic Preservation Commission calendar featuring historic buildings in Edmonds is in presales this week for $4.50, the price will increase to $5.00 next week. Calendars are sold at City Hall, the Edmonds Museum and at many local businesses. She thanked the public for supporting their local Historic Preservation Commission and Edmonds Museum. Councilmember Yamamoto thanked everyone who attended this evening and provided input at the public hearing. Councilmember Buckshnis thanked everyone who emailed, called and stopped her on the street to offer their input. She pointed out an article in the Citywide Vision publication, relaying her hope to move toward Budgeting by Priorities next year. Councilmember Fraley-Monillas referred to a comment that the Council needs to have a vision for Edmonds future, assuring that she is up half the night most nights wondering about the City’s vision for the future. Packet Page 25 of 369 Edmonds City Council Draft Minutes December 4, 2012 Page 23 Councilmember Bloom thanked everyone who provided input tonight, noting it was enriching and enlightening to hear all perspectives. She was concerned with the either-or attitude; if the Council did not approve the Port project, they had no vision or that was the only vision. Regardless of what the Council decides and particularly if the Council does not approve the project, the Council has a wide-open opportunity to determine its vision and work in a short term way rather than what the City will look like in decades. She looked forward to the continued public hearing and encouraged everyone with an opinion to talk to the Council. 13. ADJOURN With no further business, the Council meeting was adjourned at 10:34 p.m. Packet Page 26 of 369    AM-5324     3. B.              City Council Meeting and Committee Meetings Meeting Date:12/11/2012 Time:Consent   Submitted For:Shawn Hunstock Submitted By:Nori Jacobson Department:Finance Committee: Type: Action Information Subject Title Approval of claim checks #135698 dated November 30, 2012 for $14,011.30 and claim checks #135699 through #135835 dated December 6, 2012 for $419,306.90 (replacement check #135747 $135.00). Approval of payroll replacement check #51969 $1,805.20, payroll direct deposit & checks #51970 through #51983 for $458,071.96, benefit checks #51984 through #51995 and wire payments of $264,720.11 for the period November 16, 2012 through November 30, 2012. Recommendation Approval of claim, payroll and benefit direct deposit, checks and wire payments. Previous Council Action N/A Narrative In accordance with the State statutes, City payments must be approved by the City Council. Ordinance #2896 delegates this approval to the Council President who reviews and recommends either approval or non-approval of expenditures. Fiscal Impact Fiscal Year:2012 Revenue:Expenditure:1,156,110.27 Fiscal Impact: Claims $433,318.20 Claims reissued check $135.00 Payroll Employee checks and direct deposit $458,071.96 Payroll Benefit checks and wire payments $264,720.11 Payroll reissued check $1,805.20 Total Payroll $722,792.07 Attachments Claim Checks 11-30-12 Claim Checks 12-6-12 Project Number 12-6-12 Payroll Benefit Nov 16-30 Payroll Summary Nov 16-30 Form Review Inbox Reviewed By Date Finance Shawn Hunstock 12/06/2012 11:42 AM Packet Page 27 of 369 City Clerk Sandy Chase 12/06/2012 11:45 AM Mayor Dave Earling 12/06/2012 07:53 PM Finalize for Agenda Sandy Chase 12/07/2012 08:28 AM Form Started By: Nori Jacobson Started On: 12/06/2012 10:38 AM Final Approval Date: 12/07/2012  Packet Page 28 of 369 11/30/2012 Voucher List City of Edmonds 1 7:43:08AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 135698 11/30/2012 060371 STANDARD INSURANCE CO Dec 2012 standard DECEMBER 2012 STANDARD December 2013 standard insurance 811.000.000.231.550.000.00 14,011.30 Total :14,011.30 Bank total :14,011.301Vouchers for bank code :front 14,011.30Total vouchers :Vouchers in this report1 1Page: Packet Page 29 of 369 12/06/2012 Voucher List City of Edmonds 1 10:25:50AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 135699 12/6/2012 072627 911 ETC INC 21448 MONTHLY 911 DATABASE MAINT Nov-12 911 database maint 001.000.310.518.880.480.00 100.00 Total :100.00 135700 12/6/2012 065052 AARD PEST CONTROL 1-23276 PEST CONTROL MEADOWDALE PEST CONTROL 001.000.640.576.800.480.00 75.00 9.5% Sales Tax 001.000.640.576.800.480.00 7.12 RATS AT SENIOR CENTER314385 RATS AT SENIOR CENTER 001.000.640.576.800.480.00 105.00 9.5% Sales Tax 001.000.640.576.800.480.00 9.98 Total :197.10 135701 12/6/2012 060228 ANS OF WASHINGTON INC EDWARDS ANS NOTARY RENEWAL NOTARY RENEWAL EDWARDS 130.000.640.536.200.490.00 129.75 Total :129.75 135702 12/6/2012 069751 ARAMARK UNIFORM SERVICES 655-6524523 UNIFORM SERVICE UNIFORM SERVICE 001.000.640.576.800.240.00 28.22 9.5% Sales Tax 001.000.640.576.800.240.00 2.68 Total :30.90 135703 12/6/2012 072576 ART ACCESS 12697 EXHIBIT ADS EXHIBIT ADS 123.000.640.573.100.440.00 52.50 Total :52.50 135704 12/6/2012 070305 AUTOMATIC FUNDS TRANSFER 67196 OUT SOURCING OF UTILITY BILLS 1Page: Packet Page 30 of 369 12/06/2012 Voucher List City of Edmonds 2 10:25:50AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 135704 12/6/2012 (Continued)070305 AUTOMATIC FUNDS TRANSFER UB Outsourcing area #600 Printing 411.000.652.542.900.490.00 33.06 UB Outsourcing area #600 Printing 411.000.654.534.800.490.00 33.06 UB Outsourcing area #600 Printing 411.000.655.535.800.490.00 34.05 UB Outsourcing area #600 Postage 411.000.654.534.800.420.00 116.15 UB Outsourcing area #600 Postage 411.000.655.535.800.420.00 116.15 9.5% Sales Tax 411.000.652.542.900.490.00 2.86 9.5% Sales Tax 411.000.654.534.800.490.00 2.86 9.5% Sales Tax 411.000.655.535.800.490.00 3.80 OUT SOURCING OF UTILITY BILLS67316 UB Outsourcing area #300 Printing 411.000.652.542.900.490.00 150.11 UB Outsourcing area #300 Printing 411.000.654.534.800.490.00 150.11 UB Outsourcing area #300 Printing 411.000.655.535.800.490.00 154.66 UB Outsourcing area #300 Postage 411.000.654.534.800.420.00 501.88 UB Outsourcing area #300 Postage 411.000.655.535.800.420.00 501.87 9.5% Sales Tax 411.000.652.542.900.490.00 14.26 9.5% Sales Tax 411.000.654.534.800.490.00 14.26 9.5% Sales Tax 411.000.655.535.800.490.00 14.69 2Page: Packet Page 31 of 369 12/06/2012 Voucher List City of Edmonds 3 10:25:50AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :1,843.83135704 12/6/2012 070305 070305 AUTOMATIC FUNDS TRANSFER 135705 12/6/2012 001801 AUTOMATIC WILBERT VAULT CO 25289 ROUGH BOX ALVES ROUGH BOX ALVES 130.000.640.536.200.340.00 405.00 ROUGH BOX MURZA25388 ROUGH BOX MURZA 130.000.640.536.200.340.00 704.00 Total :1,109.00 135706 12/6/2012 069076 BACKGROUND INVESTIGATIONS INC COE1112 Background check services Background check services 001.000.220.516.100.410.00 20.00 Total :20.00 135707 12/6/2012 066891 BEACON PUBLISHING INC 2449 CEMETERY AD CEMETERY AD 130.000.640.536.200.440.00 108.00 Total :108.00 135708 12/6/2012 065257 BEYETTE, PAM BEYETTE 11/30/12 SR99- NOT GRANT ELIGIBLE SR99 ARTWORK-NOT GRANT ELIGIBLE 117.200.640.575.500.410.00 3,170.00 Total :3,170.00 135709 12/6/2012 028050 BILL PIERRE FORD INC 506048 Fleet Brake Parts Inventory Fleet Brake Parts Inventory 511.000.657.548.680.340.40 453.14 9.5% Sales Tax 511.000.657.548.680.340.40 43.05 Total :496.19 135710 12/6/2012 073029 CANON FINANCIAL SERVICES 12322720 CANON CONTRACT CHARGE C1030 Canon contract charges Mayor's Office 001.000.210.513.100.450.00 9.33 Canon contract charges Mayor's Office 001.000.220.516.100.450.00 9.33 3Page: Packet Page 32 of 369 12/06/2012 Voucher List City of Edmonds 4 10:25:50AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 135710 12/6/2012 (Continued)073029 CANON FINANCIAL SERVICES Canon contract charges Mayor's Office 001.000.610.519.700.450.00 9.33 9.5% Sales Tax 001.000.210.513.100.450.00 0.89 9.5% Sales Tax 001.000.220.516.100.450.00 0.89 9.5% Sales Tax 001.000.610.519.700.450.00 0.88 CANON CONTRACT CHARGE IRC505112337270 Canon contract charge IRC5051 001.000.610.519.700.450.00 83.35 Canon contract charge IRC5051 001.000.220.516.100.450.00 83.35 Canon contract charge IRC5051 001.000.210.513.100.450.00 83.29 9.5% Sales Tax 001.000.610.519.700.450.00 7.92 9.5% Sales Tax 001.000.220.516.100.450.00 7.92 9.5% Sales Tax 001.000.210.513.100.450.00 7.91 Total :304.39 135711 12/6/2012 074281 CARBURETOR CONNECTION INC 0000030 Propane Conversion for Future PD car Propane Conversion for Future PD car 511.100.657.594.480.640.00 11,990.00 9.5% Sales Tax 511.100.657.594.480.640.00 1,139.05 Total :13,129.05 135712 12/6/2012 003320 CASCADE MACHINERY & ELECTRIC 394587 Sewer - Fan Cover Sewer - Fan Cover 411.000.655.535.800.310.00 344.40 Freight 411.000.655.535.800.310.00 45.05 4Page: Packet Page 33 of 369 12/06/2012 Voucher List City of Edmonds 5 10:25:50AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 135712 12/6/2012 (Continued)003320 CASCADE MACHINERY & ELECTRIC 9.5% Sales Tax 411.000.655.535.800.310.00 37.00 Sewer - LS 3 - Pump Repair394964 Sewer - LS 3 - Pump Repair 411.000.655.535.800.310.00 2,200.00 9.5% Sales Tax 411.000.655.535.800.310.00 209.00 Total :2,835.45 135713 12/6/2012 068484 CEMEX LLC 9424982614 Roadway - Asphalt Roadway - Asphalt 111.000.653.542.310.310.00 285.00 9.5% Sales Tax 111.000.653.542.310.310.00 27.08 Total :312.08 135714 12/6/2012 003510 CENTRAL WELDING SUPPLY ly 187952 COMPRESSED GAS, NOZZLES GAS, NOZZLES OTHER SUPPLIES 001.000.640.576.800.310.00 91.41 9.5% Sales Tax 001.000.640.576.800.310.00 8.69 Total :100.10 135715 12/6/2012 003510 CENTRAL WELDING SUPPLY LY 187525 Water - Carbon Dioxide Water - Carbon Dioxide 411.000.654.534.800.310.00 45.00 9.5% Sales Tax 411.000.654.534.800.310.00 4.27 Total :49.27 135716 12/6/2012 064840 CHAPUT, KAREN E CHAPUT 15925 FRIDAY NIGHT OUT FRIDAY NIGHT OUT 001.000.640.574.200.410.00 60.00 Total :60.00 5Page: Packet Page 34 of 369 12/06/2012 Voucher List City of Edmonds 6 10:25:50AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 135717 12/6/2012 003710 CHEVRON AND TEXACO BUSINESS 36401705 INV#36401705 ACCT#7898305185 EDMONDS PD FUEL FOR NARCS VEHICLE 104.000.410.521.210.320.00 454.10 TAX EXEMPT FILING FEE 104.000.410.521.210.320.00 4.54 Total :458.64 135718 12/6/2012 063902 CITY OF EVERETT I12003328 Water Quality - Water Lab Analysis Water Quality - Water Lab Analysis 411.000.654.534.800.410.00 712.80 Total :712.80 135719 12/6/2012 035160 CITY OF SEATTLE 1-218359-279832 WWTP FLOW METER 2203 N 205TH ST WWTP FLOW METER 2203 N 205TH ST 411.000.656.538.800.471.62 17.08 Total :17.08 135720 12/6/2012 066468 COAST PRODUCTS INC 112-1115 FAC -Window Mount Fan and Controller FAC -Window Mount Fan and Controller 001.000.651.519.920.310.00 627.00 Freight 001.000.651.519.920.310.00 15.94 9.5% Sales Tax 001.000.651.519.920.310.00 61.08 Total :704.02 135721 12/6/2012 004095 COASTWIDE LABS W2493632-1 FAC - Supplies FAC - Supplies 001.000.651.519.920.310.00 178.18 9.5% Sales Tax 001.000.651.519.920.310.00 16.93 Total :195.11 135722 12/6/2012 073667 COBURN, LI COBURN 11/29/2012 GYM ATTENDANT AT EDCC GYM ATTENDANT EDCC 14 HOURS 001.000.640.575.520.410.00 140.00 6Page: Packet Page 35 of 369 12/06/2012 Voucher List City of Edmonds 7 10:25:50AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :140.00135722 12/6/2012 073667 073667 COBURN, LI 135723 12/6/2012 004377 COLE INDUSTRIAL INC WC14424A FAC -Replaced Tubes in Burnham Boiler FAC -Replaced Tubes in Burnham Boiler 116.000.651.519.920.480.00 19,725.00 9.5% Sales Tax 116.000.651.519.920.480.00 1,873.88 Total :21,598.88 135724 12/6/2012 070323 COMCAST 8498 31 030 0721433 CEMETERY INTERNET SERVICE CEMETERY INTERNET SERVICE 130.000.640.536.200.420.00 116.59 Total :116.59 135725 12/6/2012 062891 COOK PAGING WA 8893873 WATER WATCH PAGER WATER WATCH PAGERS 411.000.654.534.800.420.00 4.25 Total :4.25 135726 12/6/2012 065683 CORRY'S FINE DRY CLEANING NOVEMBER 2013 DRY CLEANING OCT/NOV -EDMONDS PD CLEANING/LAUNDRY OCT/NOV 2012 001.000.410.521.220.240.00 1,191.75 Total :1,191.75 135727 12/6/2012 005965 CUES INC 377119 Sewer -TV Truck Camera Repair Sewer -TV Truck Camera Repair 411.000.655.535.800.480.00 300.00 Parts 411.000.655.535.800.480.00 136.87 Freight 411.000.655.535.800.480.00 50.30 9.5% Sales Tax 411.000.655.535.800.480.00 17.78 Sewer - TV Camera Repair & Parts377226 Sewer - TV Camera Repair & Parts 411.000.655.535.800.480.00 1,284.16 7Page: Packet Page 36 of 369 12/06/2012 Voucher List City of Edmonds 8 10:25:50AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 135727 12/6/2012 (Continued)005965 CUES INC Freight 411.000.655.535.800.480.00 16.68 9.5% Sales Tax 411.000.655.535.800.480.00 123.58 Total :1,929.37 135728 12/6/2012 072189 DATASITE 30207 SHREDDING SERVICES/CABINETS Doc Shred Services City Clerk 001.000.250.514.300.410.00 25.00 Doc Shred Services Finance 001.000.310.514.230.410.00 25.00 Document Storage 001.000.250.514.300.410.00 65.00 Total :115.00 135729 12/6/2012 073823 DAVID EVANS & ASSOC INC 325278 E1CA.SERVICES THRU 11/03/12 E1CA.Services thru 11/03/12 112.200.630.595.330.410.00 26,264.60 E1AA.SERVICES THRU 11/03/12325312 E1AA.Services thru 11/03/12 112.200.630.595.330.410.00 27,686.96 Total :53,951.56 135730 12/6/2012 068734 DEPT OF LABOR AND INDUSTRIES AK60025 Ramseur - refund of overpayment of Ramseur - refund of overpayment of 001.000.410.521.220.110.00 160.54 Total :160.54 135731 12/6/2012 029900 DEPT OF RETIREMENT SYSTEMS NOV DRS NOVEMBER 2012 DRS November 2012 DRS 811.000.000.231.540.000.00 200,771.35 Total :200,771.35 135732 12/6/2012 064531 DINES, JEANNIE 12-3319 MINUTE TAKING 11/27 Council Minutes 8Page: Packet Page 37 of 369 12/06/2012 Voucher List City of Edmonds 9 10:25:50AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 135732 12/6/2012 (Continued)064531 DINES, JEANNIE 001.000.250.514.300.410.00 312.00 Total :312.00 135733 12/6/2012 068591 DOUBLEDAY, MICHAEL 11302012 STATE LOBBYIST NOVEMBER 2012 State lobbyist for November 2012 001.000.610.519.700.410.00 2,391.00 Total :2,391.00 135734 12/6/2012 070244 DUANE HARTMAN & ASSOCIATES INC 12-1955.6 E2FB.SERVICES THRU 11/25/12 E2FB.Services thru 11/25/12 412.200.630.594.320.410.00 2,017.86 E3GA.SERVICES THRU 11/25/1212-2035.5 E3GA.Services thru 11/25/12 412.300.630.594.320.410.00 82.00 Total :2,099.86 135735 12/6/2012 007253 DUNN LUMBER 1583444 FLOWER BASKET Flower Baskets 001.000.640.576.810.310.00 747.99 9.5% Sales Tax 001.000.640.576.810.310.00 71.06 Total :819.05 135736 12/6/2012 068292 EDGE ANALYTICAL 12-19429 Water Quality - Water Samples Water Quality - Water Samples 411.000.654.534.800.410.00 1,036.00 Total :1,036.00 135737 12/6/2012 008705 EDMONDS WATER DIVISION 3-07490 16113 75TH PL W 16113 75TH PL W 001.000.640.576.800.470.00 60.19 18410 92ND AVE W3-38565 18410 92ND AVE W 001.000.640.576.800.470.00 29.57 Total :89.76 9Page: Packet Page 38 of 369 12/06/2012 Voucher List City of Edmonds 10 10:25:50AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 135738 12/6/2012 008705 EDMONDS WATER DIVISION 3-01808 LIFT STATION #11 6811 1/2 157TH PL W LIFT STATION #11 6811 1/2 157TH PL W 411.000.655.535.800.470.00 32.11 CLUBHOUSE 6801 MEADOWDALE RD3-03575 CLUBHOUSE 6801 MEADOWDALE RD 001.000.651.519.920.470.00 246.15 LIFT STATION #12 16121 75TH PL W3-07525 LIFT STATION #12 16121 75TH PL W 411.000.655.535.800.470.00 60.19 LIFT STATION #15 7710 168TH PL SW3-07709 LIFT STATION #15 7710 168TH PL SW 411.000.655.535.800.470.00 29.57 LIFT STATION #4 8311 TALBOT RD3-09350 LIFT STATION #4 8311 TALBOT RD 411.000.655.535.800.470.00 62.73 LIFT STATION #10 17526 TALBOT RD3-09800 LIFT STATION #10 17526 TALBOT RD 411.000.655.535.800.470.00 29.57 LIFT STATION #9 19300 80TH AVE W3-29875 LIFT STATION #9 19300 80TH AVE W 411.000.655.535.800.470.00 29.57 Total :489.89 135739 12/6/2012 031060 ELECSYS INTERNATIONAL CORP 110283 RADIX MONTHLY MAINT AGREEMENT Radix Monthly Maint Agreement -Jan 411.000.654.534.800.480.00 152.00 Total :152.00 135740 12/6/2012 008812 ELECTRONIC BUSINESS MACHINES 082105 1 METER READING Meter reading 10/25/12 001.000.640.574.100.480.00 18.79 9.5% Sales Tax 001.000.640.574.100.480.00 1.79 METER READING 10/30/12082178 1 METER READING 10/30/12 001.000.640.574.100.480.00 52.37 10Page: Packet Page 39 of 369 12/06/2012 Voucher List City of Edmonds 11 10:25:50AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 135740 12/6/2012 (Continued)008812 ELECTRONIC BUSINESS MACHINES 9.5% Sales Tax 001.000.640.574.100.480.00 4.98 Total :77.93 135741 12/6/2012 008812 ELECTRONIC BUSINESS MACHINES 081939 COPIER MAINT COPIER MAINT 001.000.230.512.501.480.00 78.29 COPIER MAINT082104 COPIER MAINT 001.000.230.512.501.480.00 2.39 Total :80.68 135742 12/6/2012 008812 ELECTRONIC BUSINESS MACHINES 082179 CUST# MK5533 C5051 GQM52286 COPIER Meter charges 10/30/12 - 11/30/12 B& 001.000.310.514.230.480.00 96.37 9.5% Sales Tax 001.000.310.514.230.480.00 9.16 ZSYST MK0315 PRINTER MAINTENANCE082198 9.5% Sales Tax 001.000.310.518.880.350.00 3.18 Maintenance excess for printers 001.000.310.518.880.350.00 33.52 Total :142.23 135743 12/6/2012 008812 ELECTRONIC BUSINESS MACHINES 082180 COPIER CHARGE C5051 Copier charges C5051 001.000.610.519.700.450.00 123.89 Copier charges C5051 001.000.210.513.100.450.00 123.85 Copier charges C5051 001.000.220.516.100.450.00 123.86 9.5% Sales Tax 001.000.610.519.700.450.00 11.77 9.5% Sales Tax 001.000.210.513.100.450.00 11.77 11Page: Packet Page 40 of 369 12/06/2012 Voucher List City of Edmonds 12 10:25:50AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 135743 12/6/2012 (Continued)008812 ELECTRONIC BUSINESS MACHINES 9.5% Sales Tax 001.000.220.516.100.450.00 11.76 Total :406.90 135744 12/6/2012 008812 ELECTRONIC BUSINESS MACHINES 082182 METER READING 11/30 to 12/30 Meter Reading 001.000.250.514.300.420.00 288.09 9.5% Sales Tax 001.000.250.514.300.420.00 27.37 Total :315.46 135745 12/6/2012 071967 ENG, STEPHEN ENG 15807 TAEKWON-DO 15807 TAEKWON-DO 15807 001.000.640.574.200.410.00 66.00 Total :66.00 135746 12/6/2012 064733 ENVIROSORB COMPANY 119803 Storm - Booms, Absorbant Sheets,Socks Storm - Booms, Absorbant Sheets,Socks 411.000.652.542.400.310.00 1,210.00 9.5% Sales Tax 411.000.652.542.400.310.00 114.95 Total :1,324.95 135747 12/6/2012 072931 ESTATE OF DARLENE FELDER Rec049779 Bldg permit refund BLD 20090595 Bldg permit refund BLD 20090595 001.000.000.257.620.000.00 135.00 Total :135.00 135748 12/6/2012 066378 FASTENAL COMPANY WAMOU27117 SUPPLIES SUPPLIES 001.000.640.576.800.310.00 7.10 9.5% Sales Tax 001.000.640.576.800.310.00 0.67 Total :7.77 135749 12/6/2012 066378 FASTENAL COMPANY WAMOU27142 Fleet- Supplies 12Page: Packet Page 41 of 369 12/06/2012 Voucher List City of Edmonds 13 10:25:50AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 135749 12/6/2012 (Continued)066378 FASTENAL COMPANY Fleet- Supplies 511.000.657.548.680.310.00 11.88 Freight 511.000.657.548.680.310.00 4.80 9.5% Sales Tax 511.000.657.548.680.310.00 1.58 Total :18.26 135750 12/6/2012 009895 FELDMAN, JAMES A 113012 PUBLIC DEFENDER FEE PUBLIC DEFENDER FEE 001.000.390.512.520.410.00 10,030.00 Total :10,030.00 135751 12/6/2012 009815 FERGUSON ENTERPRISES INC 0359319 Meter - Inventory #2031 ~ Meter - Inventory #2031 ~ 411.000.654.534.800.342.00 3,900.00 9.5% Sales Tax 411.000.654.534.800.342.00 370.50 Meter Inventory - #2024~0359319-1 Meter Inventory - #2024~ 411.000.654.534.800.342.00 1,080.54 9.5% Sales Tax 411.000.654.534.800.342.00 102.65 Water - Regulator, Sealant2474766 Water - Regulator, Sealant 411.000.654.534.800.310.00 210.35 Freight 411.000.654.534.800.310.00 13.77 9.5% Sales Tax 411.000.654.534.800.310.00 21.30 Total :5,699.11 135752 12/6/2012 070855 FLEX PLAN SERVICES INC 207830 Flexicommute plan - December 2012 Flexicommute plan - December 2012 001.000.220.516.100.410.00 25.00 13Page: Packet Page 42 of 369 12/06/2012 Voucher List City of Edmonds 14 10:25:50AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :25.00135752 12/6/2012 070855 070855 FLEX PLAN SERVICES INC 135753 12/6/2012 010660 FOSTER, MARLO 86 LEOFF 1 Reimbursement LEOFF 1 Reimbursement 009.000.390.517.370.230.00 41.47 LEOFF 1 Reimbursement 009.000.390.517.370.290.00 7,090.00 Total :7,131.47 135754 12/6/2012 011900 FRONTIER 425-712-0647 IRRIGATION SYSTEM IRRIGATION SYSTEM 001.000.640.576.800.420.00 41.91 MEADOWDALE PRESCHOOL425-745-5055 MEADOWDALE PRESCHOOL 001.000.640.575.560.420.00 70.63 Total :112.54 135755 12/6/2012 011900 FRONTIER 253-007-4989 SEAVIEW RESERVOIR TELEMETRY CIRCUIT LINE SEAVIEW RESERVOIR TELEMETRY CIRCUIT 411.000.654.534.800.420.00 29.02 TELEMETRY CIRCUIT LINES253-012-9166 TELEMETRY CIRCUIT LINES 411.000.654.534.800.420.00 151.72 TELEMETRY CIRCUIT LINES 411.000.655.535.800.420.00 281.76 TELEMETRY CIRCUIT LINE253-014-8062 TELEMETRY CIRCUIT LINE 411.000.654.534.800.420.00 18.53 TELEMETRY CIRCUIT LINE 411.000.655.535.800.420.00 34.42 TELEMETRY CIRCUIT LINE253-017-4360 TELEMETRY CIRCUIT LINE 411.000.654.534.800.420.00 43.86 TELEMETRY CIRCUIT LINE 411.000.655.535.800.420.00 81.46 WWTP AFTER HOUR BUSINESS LINE425-712-0423 14Page: Packet Page 43 of 369 12/06/2012 Voucher List City of Edmonds 15 10:25:50AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 135755 12/6/2012 (Continued)011900 FRONTIER WWTP AFTER HOUR BUSINESS LINE 411.000.656.538.800.420.00 59.70 CIVIC CENTER ELEVATOR PHONE LINE425-712-8347 CIVIC CENTER ELEVATOR PHONE LINE 001.000.651.519.920.420.00 55.54 FIRE STATION #16 ALARM AND FAX LINES425-771-0158 FIRE STATION #16 ALARM AND FAX LINES 001.000.651.519.920.420.00 166.62 CIVIC CENTER ALARM LINES 250 5425-775-2455 CIVIC CENTER FIRE AND INTRUSION ALARM 001.000.651.519.920.420.00 50.97 FRANCES ANDERSON CENTER ALARM LINE425-776-3896 FRANCES ANDERSON CENTER FIRE AND 001.000.651.519.920.420.00 111.74 CITY HALL ALARM LINES 121 5TH AVE N425-776-6829 CITY HALL FIRE AND INTRUSION ALARM 001.000.651.519.920.420.00 111.74 UTILITY LOCATE DESIGNATED LINE425-778-3297 UTILITY LOCATE DESIGNATED LINE 411.000.654.534.800.420.00 19.12 UTILITY LOCATE DESIGNATED LINE 411.000.655.535.800.420.00 35.51 Total :1,251.71 135756 12/6/2012 073922 GAVIOLA, NIKKA GAVIOLA 15815 TAEKWON-D0 TAEKWON-DO 001.000.640.575.540.410.00 224.09 Total :224.09 135757 12/6/2012 063137 GOODYEAR AUTO SERVICE CENTER 108352 Unit 49 - Tires Unit 49 - Tires 511.000.657.548.680.310.00 378.00 State Tire Fee 511.000.657.548.680.310.00 4.00 9.5% Sales Tax 15Page: Packet Page 44 of 369 12/06/2012 Voucher List City of Edmonds 16 10:25:50AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 135757 12/6/2012 (Continued)063137 GOODYEAR AUTO SERVICE CENTER 511.000.657.548.680.310.00 35.91 Total :417.91 135758 12/6/2012 012199 GRAINGER 9708624359 STRIPING PAINT CREDIT STRIPING PAINT CREDIT 001.000.640.576.800.310.00 -42.36 9.5% Sales Tax 001.000.640.576.800.310.00 -4.03 ENCLOSURES FOR 6TH AND MAIN IRRIGATION997867543 ENCLOSURE FOR 6TH AND MAIN IRRIGATION 001.000.640.576.800.310.00 888.25 9.5% Sales Tax 001.000.640.576.800.310.00 84.38 Total :926.24 135759 12/6/2012 012199 GRAINGER 9976867987 Water Sewer Street Storm -PW Wash Water Sewer Street Storm -PW Wash 111.000.653.542.310.350.00 319.55 Water Sewer Street Storm -PW Wash 411.000.652.542.400.350.00 319.55 Water Sewer Street Storm -PW Wash 411.000.654.534.800.350.00 319.55 Water Sewer Street Storm -PW Wash 411.000.655.535.800.350.00 319.55 9.5% Sales Tax 111.000.653.542.310.350.00 30.36 9.5% Sales Tax 411.000.652.542.400.350.00 30.36 9.5% Sales Tax 411.000.654.534.800.350.00 30.36 9.5% Sales Tax 411.000.655.535.800.350.00 30.34 City Park Bldg - Water Alarm9977822650 City Park Bldg - Water Alarm 001.000.651.519.920.310.00 97.32 16Page: Packet Page 45 of 369 12/06/2012 Voucher List City of Edmonds 17 10:25:50AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 135759 12/6/2012 (Continued)012199 GRAINGER 9.5% Sales Tax 001.000.651.519.920.310.00 9.25 Total :1,506.19 135760 12/6/2012 012355 GRCC/BAT B5606 RENEWAL 2013 KATRINA HARRIS RENEWAL 2013 KATRINA HARRIS 001.000.640.576.800.490.00 42.00 Total :42.00 135761 12/6/2012 012355 GRCC/BAT B1862 BAT Cert 2013 Renewal for L McMurphy BAT Cert 2013 Renewal for L McMurphy 411.000.654.534.800.490.00 42.00 Total :42.00 135762 12/6/2012 068015 GRICE INDUSTRIES INC G457 Water - 75' Cable Water - 75' Cable 411.000.654.534.800.310.00 240.00 Freight 411.000.654.534.800.310.00 18.00 Total :258.00 135763 12/6/2012 012560 HACH COMPANY 8031471 Water Quality - Installation Kit, PVC Water Quality - Installation Kit, PVC 411.000.654.534.800.310.00 470.00 Freight 411.000.654.534.800.310.00 37.95 9.5% Sales Tax 411.000.654.534.800.310.00 48.26 Water Quality - Sulfuric Acid for CL28039402 Water Quality - Sulfuric Acid for CL2 411.000.654.534.800.310.00 114.90 Freight 411.000.654.534.800.310.00 15.95 9.5% Sales Tax 411.000.654.534.800.310.00 12.44 17Page: Packet Page 46 of 369 12/06/2012 Voucher List City of Edmonds 18 10:25:50AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 135763 12/6/2012 (Continued)012560 HACH COMPANY Water Quality -Colorimeter Assembly8048967 Water Quality -Colorimeter Assembly 411.000.654.534.800.310.00 414.25 Freight 411.000.654.534.800.310.00 27.95 9.5% Sales Tax 411.000.654.534.800.310.00 42.01 Total :1,183.71 135764 12/6/2012 012900 HARRIS FORD INC 128453 Unit 24 - Screen Assembly Unit 24 - Screen Assembly 511.000.657.548.680.310.00 60.54 9.5% Sales Tax 511.000.657.548.680.310.00 5.75 Unit 24 - Kits128515 Unit 24 - Kits 511.000.657.548.680.310.00 33.67 9.5% Sales Tax 511.000.657.548.680.310.00 3.20 Unit 97 - Pedal129021 Unit 97 - Pedal 511.000.657.548.680.310.00 63.61 9.5% Sales Tax 511.000.657.548.680.310.00 6.04 Unit 42 - Lockset129854 Unit 42 - Lockset 511.000.657.548.680.310.00 67.70 9.5% Sales Tax 511.000.657.548.680.310.00 6.43 Fleet Stock - Oil Plug129947 Fleet Stock - Oil Plug 511.000.657.548.680.310.00 47.16 9.5% Sales Tax 511.000.657.548.680.310.00 4.48 Unit 535 - Buckle Assembly130744 18Page: Packet Page 47 of 369 12/06/2012 Voucher List City of Edmonds 19 10:25:50AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 135764 12/6/2012 (Continued)012900 HARRIS FORD INC Unit 535 - Buckle Assembly 511.000.657.548.680.310.00 161.62 9.5% Sales Tax 511.000.657.548.680.310.00 15.35 Unit 379 - Seat Belt Assmebly130752 Unit 379 - Seat Belt Assmebly 511.000.657.548.680.310.00 135.86 9.5% Sales Tax 511.000.657.548.680.310.00 12.91 EQ87WQ - Seatcover130796 EQ87WQ - Seatcover 511.100.657.594.480.640.00 199.95 9.5% Sales Tax 511.100.657.594.480.640.00 19.00 Unit 338 - AC Relay131280 Unit 338 - AC Relay 511.000.657.548.680.310.00 156.91 9.5% Sales Tax 511.000.657.548.680.310.00 14.91 Unit 338 - Thermo Seal131286 Unit 338 - Thermo Seal 511.000.657.548.680.310.00 7.25 9.5% Sales Tax 511.000.657.548.680.310.00 0.69 Unit 51 - Fuel Cap Assembly131290 Unit 51 - Fuel Cap Assembly 511.000.657.548.680.310.00 20.48 9.5% Sales Tax 511.000.657.548.680.310.00 1.95 Fleet - Refund dated 6/4/12 Core FeesCM126892 Fleet - Refund dated 6/4/12 Core Fees 511.000.657.548.680.310.00 -300.00 9.5% Sales Tax 511.000.657.548.680.310.00 -28.50 19Page: Packet Page 48 of 369 12/06/2012 Voucher List City of Edmonds 20 10:25:50AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 135764 12/6/2012 (Continued)012900 HARRIS FORD INC Unit 24 - Returns dated 7/9/12CM127769 Unit 24 - Returns dated 7/9/12g 511.000.657.548.680.310.00 -157.16 9.5% Sales Tax 511.000.657.548.680.310.00 -14.93 Unit 49 - RepairsFOCS320824 Unit 49 - Repairs 511.000.657.548.680.480.00 647.60 9.5% Sales Tax 511.000.657.548.680.480.00 61.52 Total :1,253.99 135765 12/6/2012 010900 HD FOWLER CO INC I3252326 Hydrant - 23432 74th - Traffic Repair Hydrant - 23432 74th - Traffic Repair 411.000.654.534.800.310.00 839.39 9.5% Sales Tax 411.000.654.534.800.310.00 79.74 Hydrant - 23432 74th - Main ValveI3257397 Hydrant - 23432 74th - Main Valve 411.000.654.534.800.310.00 493.22 9.5% Sales Tax 411.000.654.534.800.310.00 46.86 Water Inventory #0492 - W-VALVCI-02I3257398 Water Inventory #0492 - W-VALVCI-02 411.000.654.534.800.341.00 828.63 Water Inventory - #0476 -~ 411.000.654.534.800.341.00 623.67 Water Supplies - Joints, Adapters, 411.000.654.534.800.310.00 3,202.54 9.5% Sales Tax 411.000.654.534.800.341.00 137.97 9.5% Sales Tax 411.000.654.534.800.310.00 304.24 Water Supplies - Joint Adapters,InsertI3263769 Water Supplies - Joint Adapters,Insert 20Page: Packet Page 49 of 369 12/06/2012 Voucher List City of Edmonds 21 10:25:50AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 135765 12/6/2012 (Continued)010900 HD FOWLER CO INC 411.000.654.534.800.310.00 714.55 9.5% Sales Tax 411.000.654.534.800.310.00 67.89 Water Inventory - #0430 ~I3263770 Water Inventory - #0430 ~ 411.000.654.534.800.341.00 2,470.60 9.5% Sales Tax 411.000.654.534.800.341.00 234.71 Total :10,044.01 135766 12/6/2012 071417 HD SUPPLY WATERWORKS LTD 5744850 Storm - 8x14'lengths of PVC Sewer Pipe Storm - 8x14'lengths of PVC Sewer Pipe 411.000.652.542.400.310.00 2,252.88 9.5% Sales Tax 411.000.652.542.400.310.00 214.03 Total :2,466.91 135767 12/6/2012 067099 HOLLEMAN, JOHN 85 LEOFF 1 Reimbursement LEOFF 1 Reimbursement 009.000.390.517.370.230.00 403.78 Total :403.78 135768 12/6/2012 072041 IBS INCORPORATED 523844-1 Fleet Shop Supplies Fleet Shop Supplies 511.000.657.548.680.311.00 214.18 Freight 511.000.657.548.680.311.00 9.34 9.5% Sales Tax 511.000.657.548.680.311.00 21.24 Total :244.76 135769 12/6/2012 073548 INDOFF INCORPORATED 2170029 SUPPLIES SUPPLIES 001.000.230.512.501.310.00 -72.20 SUPPLIES2174989 21Page: Packet Page 50 of 369 12/06/2012 Voucher List City of Edmonds 22 10:25:50AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 135769 12/6/2012 (Continued)073548 INDOFF INCORPORATED SUPPLIES 001.000.230.512.501.310.00 73.20 SUPPLIES2188470 SUPPLIES 001.000.230.512.501.310.00 66.10 SUPPLIES2191006 SUPPLIES 001.000.230.512.501.310.00 65.69 Total :132.79 135770 12/6/2012 073548 INDOFF INCORPORATED 2188601 Office supplies - toner- HR Office supplies - toner- HR 001.000.220.516.100.310.00 168.00 9.5% Sales Tax 001.000.220.516.100.310.00 15.96 Total :183.96 135771 12/6/2012 073548 INDOFF INCORPORATED 2188342 Office supplies for DSD Office supplies for DSD 001.000.620.558.800.310.00 520.88 Total :520.88 135772 12/6/2012 068952 INFINITY INTERNET 410951 PRESCHOOL INTERNET PRESCHOOL INTERNET 001.000.640.575.560.420.00 15.00 Total :15.00 135773 12/6/2012 073744 JOHNSON PARTNERSHIP 12161 CHT INSTALLATION ASSESSMENT CHT Installation Assessment 132.000.640.594.760.410.00 454.65 Total :454.65 135774 12/6/2012 070285 KPLU-FM IN-1121129807 PROMOTIONAL ONLINE AD 11/12 - Promotional online web ad on KPLU 001.000.240.513.110.440.00 120.00 PROMOTIONAL RADIO AD 11/12 -11IN-1121129871 22Page: Packet Page 51 of 369 12/06/2012 Voucher List City of Edmonds 23 10:25:50AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 135774 12/6/2012 (Continued)070285 KPLU-FM Radio promotional ad 11/12 - 11/18/12 001.000.240.513.110.440.00 1,030.00 Total :1,150.00 135775 12/6/2012 068024 KRUCKEBERG BOTANIC GARD FOUND KRUNCKEBERG 16082 KRUCKEBERG BOTANIC WORKSHOP KRUCKEBERG BOTANIC WORKSHOP 001.000.640.574.200.410.00 32.50 Total :32.50 135776 12/6/2012 074135 LAFAVE, CAROLYN 12/04/2012 CITY HOLIDAY BREAKFAST DECORATIONS Decorations for city holiday breakfast 001.000.220.516.100.490.00 196.16 Total :196.16 135777 12/6/2012 068711 LAWN EQUIPMENT SUPPLY 11012-191 HOSE AND BLOWER BAND HOSE AND BLOWER BAND 001.000.640.576.800.310.00 98.34 9.5% Sales Tax 001.000.640.576.800.310.00 9.34 Total :107.68 135778 12/6/2012 068957 LYNN PEAVEY COMPANY 266314 INV#266314 CUST#980012 -EDMONDS PD STERILE DISPOSABLE TWEEZERS 001.000.410.521.220.310.00 54.00 DEIONIZED STERILE WATER 001.000.410.521.220.310.00 83.85 Freight 001.000.410.521.220.310.00 19.50 9.5% Sales Tax 001.000.410.521.220.310.00 14.95 Total :172.30 135779 12/6/2012 069362 MARSHALL, CITA 1026 INTERPRETER FEE INTERPRETER FEE 001.000.230.512.500.410.01 88.32 23Page: Packet Page 52 of 369 12/06/2012 Voucher List City of Edmonds 24 10:25:50AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 135779 12/6/2012 (Continued)069362 MARSHALL, CITA INTERPRETER FEE1027 INTERPRETER FEE 001.000.230.512.501.410.01 88.32 INTERPRETER FEES1052 INTERPRETER FEES 001.000.230.512.500.410.01 88.32 INTERPRETER FEES1059 INTERPRETER FEES 001.000.230.512.500.410.01 88.32 INTERPRETER FEES1061 INTERPRETER FEES 001.000.230.512.501.410.01 88.32 Total :441.60 135780 12/6/2012 020039 MCMASTER-CARR SUPPLY CO 40520354 A BASIN UPGRADE MATERIALS AERATION BASIN CONTROL UPGRADE MATERIALS 414.000.656.594.320.650.10 79.52 Freight 414.000.656.594.320.650.10 9.06 A BASIN UPGRADE MATERIALS40554327 A BASIN UPGRADE MATERIALS 414.000.656.594.320.650.10 52.83 Freight 414.000.656.594.320.650.10 21.78 A BASIN UPGRADE MATERIALS40616458 A BASIN UPGRADE MATERIALS 414.000.656.594.320.650.10 61.00 Freight 414.000.656.594.320.650.10 8.27 BIMETAL BAND SAW BLADE40643920 BIMETAL BAND SAW BLADE 411.000.656.538.800.310.21 93.26 Freight 411.000.656.538.800.310.21 6.29 24Page: Packet Page 53 of 369 12/06/2012 Voucher List City of Edmonds 25 10:25:50AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :332.01135780 12/6/2012 020039 020039 MCMASTER-CARR SUPPLY CO 135781 12/6/2012 072223 MILLER, DOUG MILLER 11/28/2012 GYM MONITOR FOR BASKETBALL GYM MONITOR FOR BASKETBALL 14 001.000.640.575.520.410.00 140.00 Total :140.00 135782 12/6/2012 064570 NATIONAL SAFETY INC 0333687-IN Water - Splash Goggles Clear Water - Splash Goggles Clear 411.000.654.534.800.310.00 15.75 9.5% Sales Tax 411.000.654.534.800.310.00 1.49 Water- Harnes & Supplies0333688-IN Water- Harnes & Supplies 411.000.654.534.800.310.00 1,100.35 9.5% Sales Tax 411.000.654.534.800.310.00 104.53 Water - Line For Harness0333875-IN Water - Line For Harness 411.000.654.534.800.310.00 197.20 9.5% Sales Tax 411.000.654.534.800.310.00 18.74 Water - Return Bib Overalls0333901-CM Water - Return Bib Overalls 411.000.654.534.800.240.00 -214.60 9.5% Sales Tax 411.000.654.534.800.240.00 -20.39 Sewer - LS 6 - CH4 Sensor &Supplies0334041-IN Sewer - LS 6 - CH4 Sensor &Supplies 411.000.655.535.800.480.00 1,415.00 Freight 411.000.655.535.800.480.00 13.22 9.5% Sales Tax 411.000.655.535.800.480.00 135.69 Total :2,766.98 25Page: Packet Page 54 of 369 12/06/2012 Voucher List City of Edmonds 26 10:25:50AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 135783 12/6/2012 073678 NORTHSHORE FITNESS LLC NORTHSHORE 15865 ZUMBA 15865 ZUMBA 15865 001.000.640.575.540.410.00 18.90 ZUMBA 15936 001.000.640.574.200.410.00 42.30 Total :61.20 135784 12/6/2012 061013 NORTHWEST CASCADE INC 1-534856A RENTALS 2ND PAYMENT FROM MARATHON RENTAL 2MD PAYMENT FROM MARATHON 001.000.640.576.800.450.00 523.42 RENTAL AGREEMENT YOST PARK POOL1-574237 RENTAL AGREEMENT YOST PARK POOL 001.000.640.576.800.450.00 310.99 RENTAL AGREEMENT1-575675 RENTAL AGREEMENT 001.000.640.576.800.450.00 587.88 CREDIT 11/26/121-577978 Credit 11/26/2012 001.000.640.576.800.450.00 -54.18 Total :1,368.11 135785 12/6/2012 025690 NOYES, KARIN 000 00 339 11/14/12 Planning Board Minutes 11/14/12 Planning Board Minutes 001.000.620.558.600.410.00 560.00 Total :560.00 135786 12/6/2012 073891 NW ENERGY EFFICIENCY COUNCIL 6948 Class - BOC 201 - Perventive Maint & Class - BOC 201 - Perventive Maint & 001.000.651.519.920.490.00 225.00 Total :225.00 135787 12/6/2012 063511 OFFICE MAX INC 329622 SUPPLIES SUPPLIES PENS 117.100.640.573.100.310.00 16.20 CALENDAR 130.000.640.536.500.310.00 2.90 26Page: Packet Page 55 of 369 12/06/2012 Voucher List City of Edmonds 27 10:25:50AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 135787 12/6/2012 (Continued)063511 OFFICE MAX INC 9.5% Sales Tax 117.100.640.573.100.310.00 1.53 9.5% Sales Tax 130.000.640.536.500.310.00 0.28 STAPLER377624 STAPLER 001.000.640.574.100.310.00 24.10 9.5% Sales Tax 001.000.640.574.100.310.00 2.30 OFFICE SUPPLIES, PAPER,FOLDERS458729 OFFICE SUPPLIES, PAPER,FOLDERS 001.000.640.576.800.310.00 168.66 9.5% Sales Tax 001.000.640.576.800.310.00 16.02 FOLDERS458821 FOLDERS 001.000.640.576.800.310.00 8.60 9.5% Sales Tax 001.000.640.576.800.310.00 0.82 Total :241.41 135788 12/6/2012 063511 OFFICE MAX INC 290080 INV#290080 ACCT#520437 250POL EDMONDS PD FLEXIGRIP RETRACTABLE PENS 001.000.410.521.100.310.00 70.92 9.5% Sales Tax 001.000.410.521.100.310.00 6.74 Total :77.66 135789 12/6/2012 063511 OFFICE MAX INC 056789 SUPPLIES SUPPLIES 001.000.230.512.500.310.00 68.06 SUPPLIES108840 SUPPLIES 001.000.230.512.501.310.00 217.93 SUPPLIES108994 27Page: Packet Page 56 of 369 12/06/2012 Voucher List City of Edmonds 28 10:25:50AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 135789 12/6/2012 (Continued)063511 OFFICE MAX INC SUPPLIES 001.000.230.512.500.310.00 29.89 SUPPLIES249791 SUPPLIES 001.000.230.512.501.310.00 170.96 SUPPLIES907564 SUPPLIES 001.000.230.512.500.310.00 14.45 Total :501.29 135790 12/6/2012 063511 OFFICE MAX INC 329544 OFFICE SUPPLIES Office Supplies 001.000.250.514.300.310.00 64.73 9.5% Sales Tax 001.000.250.514.300.310.00 6.15 Total :70.88 135791 12/6/2012 068709 OFFICETEAM 36847022 Deborah Pinney -HR Assistant services Deborah Pinney -HR Assistant services 001.000.220.516.100.410.00 525.36 Total :525.36 135792 12/6/2012 026200 OLYMPIC VIEW WATER DISTRICT 0054671 23700 104TH AVE W SERVICE 23700 104TH 001.000.640.576.800.470.00 704.74 SERVICE 23700 104TH AVE W0060860 SERVICE 23700 104TH AVE W 001.000.640.576.800.470.00 72.88 Total :777.62 135793 12/6/2012 073921 ORONG, DANIELLE ORONG VOLLEYBALL GYM ATTENDANT MONITOR FOR VOLLEYBALL 7 HOURS 001.000.640.575.520.410.00 70.00 Total :70.00 135794 12/6/2012 002203 OWEN EQUIPMENT COMPANY 00066157 Fleet - Unit 31 - Handle 28Page: Packet Page 57 of 369 12/06/2012 Voucher List City of Edmonds 29 10:25:50AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 135794 12/6/2012 (Continued)002203 OWEN EQUIPMENT COMPANY Fleet - Unit 31 - Handle 511.000.657.548.680.310.00 85.47 Unit 66 - Nozels, Connections 511.000.657.548.680.310.00 150.84 Freight 511.000.657.548.680.310.00 13.83 9.5% Sales Tax 511.000.657.548.680.310.00 23.76 Total :273.90 135795 12/6/2012 070962 PAULSONS TOWING INC 99990 INV#99990 - EDMONDS PD TOW FORD BRONCO #328YAS 001.000.410.521.220.410.00 158.00 9.5% Sales Tax 001.000.410.521.220.410.00 15.01 Total :173.01 135796 12/6/2012 070003 PAXTON, LAUREL PAXTON 16134 LITE FITNESS 16134 LITE FITNESS 16134 001.000.640.575.540.410.00 92.25 Total :92.25 135797 12/6/2012 066796 PETTY CASH - COURT 123112 MAILING THE ELECTRONIC HOME MONITORING MAILING THE ELECTRONIC HOME MONITORING 001.000.230.512.501.420.00 13.76 Total :13.76 135798 12/6/2012 008350 PETTY CASH - PARKS & REC PCASH120312 PETTY CASH REIMBURSEMENT WOTS SUPPLIES 117.100.640.573.100.310.00 6.57 HALLOWEEN STICKERS 001.000.640.575.550.310.00 3.25 LIFECYCLES DISCOVERY PROGRAM 001.000.640.574.350.310.00 3.85 PRESCHOOL SUPPLIES 29Page: Packet Page 58 of 369 12/06/2012 Voucher List City of Edmonds 30 10:25:50AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 135798 12/6/2012 (Continued)008350 PETTY CASH - PARKS & REC 001.000.640.575.560.310.00 2.19 GYMNASTICS SUPPLIES 001.000.640.575.550.310.00 14.53 POSTAGE GYMNASTICS 001.000.640.574.200.420.00 28.08 PRESCHOOL SUPPLIES 001.000.640.575.560.310.00 11.12 WOTS SUPPLIES 117.100.640.573.100.310.00 21.33 ENDORSMENT 001.000.640.576.800.490.00 85.00 PRESCHOOL PHOTOS 001.000.640.575.560.490.00 2.86 GYMNASTICS 001.000.640.575.550.310.00 22.52 MILEAGE/PARKING 001.000.640.574.100.430.00 22.43 SISTER CITY MAILING 138.100.210.557.210.490.00 4.50 Total :228.23 135799 12/6/2012 071811 PONY MAIL BOX & BUSINESS CTR 204041 Water- Postage to Radix Water- Postage to Radix 411.000.654.534.800.420.00 23.75 Packaging Box 411.000.654.534.800.310.00 3.25 9.5% Sales Tax 411.000.654.534.800.310.00 0.32 Fleet-Santa Cruz Gunlock Return Mailing204063 Fleet-Santa Cruz Gunlock Return Mailing 511.000.657.548.680.420.00 18.17 WATER SEWER STREET STORM-L&204177 Water Sewer Street Storm - L&I Safety 111.000.653.542.900.420.00 2.64 30Page: Packet Page 59 of 369 12/06/2012 Voucher List City of Edmonds 31 10:25:50AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 135799 12/6/2012 (Continued)071811 PONY MAIL BOX & BUSINESS CTR Water Sewer Street Storm - L&I Safety 411.000.652.542.900.420.00 2.64 Water Sewer Street Storm - L&I Safety 411.000.654.534.800.420.00 2.64 Water Sewer Street Storm - L&I Safety 411.000.655.535.800.420.00 2.62 Fleet- Case Power Return Postage204271 Fleet- Case Power Return Postage 511.000.657.548.680.480.00 17.56 Total :73.59 135800 12/6/2012 046900 PUGET SOUND ENERGY 010-187-400-6 SNO-ISLE LIBRARY 650 MAIN ST /METER SNO-ISLE LIBRARY 650 MAIN ST /METER 001.000.651.519.920.470.00 242.41 CITY PARK BUILDING 600 3RD AVE S023-075-700-7 CITY PARK BUILDING 600 3RD AVE S 001.000.651.519.920.470.00 194.46 CIVIC CENTER 250 5TH AVE N /METER275-316-600-4 CIVIC CENTER 250 5TH AVE N /METER 001.000.651.519.920.470.00 237.17 PUBLIC WORKS OMC 7110 210TH ST SW277-636-500-5 PUBLIC WORKS OMC 7110 210TH ST SW 001.000.650.519.910.470.00 24.34 PUBLIC WORKS OMC 7110 210TH ST SW 111.000.653.542.900.470.00 92.48 PUBLIC WORKS OMC 7110 210TH ST SW 411.000.654.534.800.470.00 92.48 PUBLIC WORKS OMC 7110 210TH ST SW 411.000.655.535.800.470.00 92.48 PUBLIC WORKS OMC 7110 210TH ST SW 511.000.657.548.680.470.00 92.48 PUBLIC WORKS OMC 7110 210TH ST SW 411.000.652.542.900.470.00 92.45 OLD PUBLIC WORKS 200 DAYTON ST368-997-600-3 OLD PUBLIC WORKS 200 DAYTON ST 31Page: Packet Page 60 of 369 12/06/2012 Voucher List City of Edmonds 32 10:25:50AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 135800 12/6/2012 (Continued)046900 PUGET SOUND ENERGY 411.000.654.534.800.470.00 324.48 MEADOWDALE CLUBHOUSE 6801 N MEADOWDALE525-492-600-8 MEADOWDALE CLUBHOUSE 6801 N MEADOWDALE 001.000.651.519.920.470.00 267.25 FIRE STATION # 16 8429 196TH ST SW532-232-313-9 FIRE STATION # 16 8429 196TH ST SW 001.000.651.519.920.470.00 535.18 LIFT STATION #9 8001 SIERRA DR /567-289-500-9 LIFT STATION #9 8001 SIERRA DR / 411.000.655.535.800.470.00 35.64 FLEET MAINTENANCE BAY 21105 72590-308-500-8 FLEET MAINTENANCE BAY 21105 72 511.000.657.548.680.470.00 264.32 FIRE STATION #17 275 6TH AVE N /643-956-600-8 FIRE STATION #17 275 6TH AVE N / 001.000.651.519.920.470.00 636.78 FRANCES ANDERSON CENTER 700649-032-700-1 FRANCES ANDERSON CENTER 700 001.000.651.519.920.470.00 1,692.66 FIRE STATION #20 23009 88TH AVE W991-966-110-9 FIRE STATION #20 23009 88TH AVE W 001.000.651.519.920.470.00 182.30 Total :5,099.36 135801 12/6/2012 030780 QUIRING MONUMENTS INC 00000132087 INSCRIPTION BLUE INSCRIPTION BLUE 130.000.640.536.200.340.00 329.00 MARKER, ARLENE00000132088 MARKER, ARLENE 130.000.640.536.200.340.00 90.00 MARKER. WOOD00000132089 MARKER. WOOD 130.000.640.536.200.340.00 90.00 MARKER, FLORENCE00000132090 MARKER, FLORENCE 32Page: Packet Page 61 of 369 12/06/2012 Voucher List City of Edmonds 33 10:25:50AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 135801 12/6/2012 (Continued)030780 QUIRING MONUMENTS INC 130.000.640.536.200.340.00 90.00 Total :599.00 135802 12/6/2012 006841 RICOH USA INC 5024290043 Additional images DSD Reception copier Additional images DSD Reception copier 001.000.620.558.800.450.00 11.20 Total :11.20 135803 12/6/2012 074280 ROSI, LYNDA Rosi 12/3/12 REFUND,CUSTOMER REQUESTED REFUND,CUSTOMER REQUESTED 001.000.000.239.200.000.00 6.00 Total :6.00 135804 12/6/2012 074279 SANTA CRUZ GUNLOCKS LLC 30898 Unit 449 POL - Gun Locks Unit 449 POL - Gun Locks 511.000.657.548.680.310.00 462.00 Freight 511.000.657.548.680.310.00 10.22 Total :472.22 135805 12/6/2012 070115 SHANNON & WILSON INC 87679 E2FB.SERVICES THRU 11/10/12 E2FB.Services thru 11/10/12 412.200.630.594.320.410.00 9,801.30 Total :9,801.30 135806 12/6/2012 036070 SHANNON TOWING INC 156804 INV#156804 - EDMONDS PD TOW PONTIAC #AEZ6570 001.000.410.521.220.410.00 158.00 9.5% Sales Tax 001.000.410.521.220.410.00 15.01 Total :173.01 135807 12/6/2012 037303 SNO CO FIRE DIST # 1 12-119 FS 17 Fire Districts Order to Repair FS 17 Fire Districts Order to Repair 001.000.651.519.920.480.00 182.82 33Page: Packet Page 62 of 369 12/06/2012 Voucher List City of Edmonds 34 10:25:50AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :182.82135807 12/6/2012 037303 037303 SNO CO FIRE DIST # 1 135808 12/6/2012 037375 SNO CO PUD NO 1 2013-2711-1 610 PINE ST 310 PINE ST SERVICE 001.000.640.576.800.470.00 31.68 750 15TH ST SW2015-5730-3 750 15TH ST SW 001.000.640.576.800.470.00 287.10 750 15TH ST SW2021-6153-5 750 15TH ST SW 001.000.640.576.800.470.00 172.59 Total :491.37 135809 12/6/2012 037375 SNO CO PUD NO 1 2016-1027-6 SERVICE CEMETERY SERVICE 750 15TH ST 130.000.640.536.500.470.00 16.70 Total :16.70 135810 12/6/2012 037375 SNO CO PUD NO 1 2001-2487-3 TRAFFIC LIGHT 9933 100TH AVE W TRAFFIC LIGHT 9933 100TH AVE W 111.000.653.542.640.470.00 56.56 CLUBHOUSE 6801 MEADOWDALE RD2003-8645-6 CLUBHOUSE 6801 MEADOWDALE RD 001.000.651.519.920.470.00 128.90 FRANCES ANDERSON CENTER 7002004-2241-8 FRANCES ANDERSON CENTER 700 001.000.651.519.920.470.00 2,986.67 LIFT STATION #4 8311 TALBOT RD2004-6859-3 LIFT STATION #4 8311 TALBOT RD 411.000.655.535.800.470.00 422.96 TRAFFIC LIGHT 101 9TH AVE S /METER2005-9295-4 TRAFFIC LIGHT 101 9TH AVE S /METER 111.000.653.542.640.470.00 30.64 OLD PUBLIC WORKS 200 DAYTON ST2006-3860-9 OLD PUBLIC WORKS 200 DAYTON ST 411.000.654.534.800.470.00 723.98 34Page: Packet Page 63 of 369 12/06/2012 Voucher List City of Edmonds 35 10:25:50AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 135810 12/6/2012 (Continued)037375 SNO CO PUD NO 1 TRAFFIC LIGHT 200 3RD AVE S /METER2006-7801-9 TRAFFIC LIGHT 200 3RD AVE S /METER 111.000.653.542.640.470.00 55.01 TRAFFIC LIGHT 23800 FIRDALE AVE2011-0356-1 TRAFFIC LIGHT 23800 FIRDALE AVE 111.000.653.542.640.470.00 56.25 LIFT STATION #12 16121 75TH PL W2012-6598-0 LIFT STATION #12 16121 75TH PL W 411.000.655.535.800.470.00 326.85 LIFT STATION #11 6811 1/2 157TH PL W2013-7496-4 LIFT STATION #11 6811 1/2 157TH PL W 411.000.655.535.800.470.00 32.01 TRAFFIC LIGHT 660 EDMONDS WAY2015-6343-4 TRAFFIC LIGHT 660 EDMONDS WAY 111.000.653.542.640.470.00 55.02 TRAFFIC LIGHT 117 3RD AVE S /METER2015-7289-8 TRAFFIC LIGHT 117 3RD AVE S /METER 111.000.653.542.640.470.00 185.78 LIFT STATION #15 7710 168TH PL SW2015-9448-8 LIFT STATION #15 7710 168TH PL SW 411.000.655.535.800.470.00 30.64 DECORATIVE LIGHTING 413 MAIN ST2016-5690-7 DECORATIVE LIGHTING 413 MAIN ST 111.000.653.542.630.470.00 515.47 PEDEST CAUTION LIGHT 23190 1002017-0375-8 PEDEST CAUTION LIGHT 23190 100 111.000.653.542.640.470.00 52.86 TRAFFIC LIGHT 901 WALNUT ST /METER2017-8264-6 TRAFFIC LIGHT 901 WALNUT ST /METER 111.000.653.542.640.470.00 55.85 STREET LIGHT 7601 RIDGE WAY /NOT2023-8937-5 STREET LIGHT 7601 RIDGE WAY /NOT 111.000.653.542.630.470.00 15.64 LOG CABIN &DECORATIVE LIGHTING2024-2158-2 LOG CABIN &DECORATIVE LIGHTING 35Page: Packet Page 64 of 369 12/06/2012 Voucher List City of Edmonds 36 10:25:50AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 135810 12/6/2012 (Continued)037375 SNO CO PUD NO 1 001.000.651.519.920.470.00 213.92 WWTP ENERGY MANAGEMENT SERVICE2025-7952-0 WWTP ENERGY MANAGEMENT SERVICE 411.000.656.538.800.471.61 8.41 CHARGE STATION #1 552 MAIN ST2042-9221-3 CHARGE STATION #1 552 MAIN ST 111.000.653.542.640.470.00 31.68 Total :5,985.10 135811 12/6/2012 067609 SNOHOMISH COUNTY CITIES 11/21/2012 SNOHOMISH COUNTY CITIES DINNER Snohomish County Cities Nov. 001.000.210.513.100.430.00 35.00 Total :35.00 135812 12/6/2012 070167 SNOHOMISH COUNTY TREASURER November 2012 Crime Victims Court Remittance - Crime Victims Court Remittance - 001.000.000.237.140.000.00 884.68 Total :884.68 135813 12/6/2012 038300 SOUND DISPOSAL CO 103587 DISPOSAL FEES DISPOSAL FEES 001.000.640.576.800.470.00 569.63 Total :569.63 135814 12/6/2012 009400 STELLAR INDUSTRIAL SUPPLY INC 3188664 Water Sewer -Upside Down Blue and Water Sewer -Upside Down Blue and 411.000.654.534.800.310.00 190.20 Water Sewer -Upside Down Blue and 411.000.655.535.800.310.00 190.20 9.5% Sales Tax 411.000.654.534.800.310.00 18.07 9.5% Sales Tax 411.000.655.535.800.310.00 18.07 Total :416.54 135815 12/6/2012 040430 STONEWAY ELECTRIC SUPPLY S100364377.001 Fac Main - Elect Supplies 36Page: Packet Page 65 of 369 12/06/2012 Voucher List City of Edmonds 37 10:25:50AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 135815 12/6/2012 (Continued)040430 STONEWAY ELECTRIC SUPPLY Fac Main - Elect Supplies 001.000.651.519.920.310.00 25.23 9.5% Sales Tax 001.000.651.519.920.310.00 2.40 FAC - Elect SuppliesS100367011.003 FAC - Elect Supplies 001.000.651.519.920.310.00 36.83 9.5% Sales Tax 001.000.651.519.920.310.00 3.50 Fac Maint - Elect SuppliesS100368498.001 Fac Maint - Elect Supplies 001.000.651.519.920.310.00 60.55 9.5% Sales Tax 001.000.651.519.920.310.00 5.75 PW - Elect SuppliesS100372068.001 PW - Elect Supplies 001.000.651.519.920.310.00 55.82 9.5% Sales Tax 001.000.651.519.920.310.00 5.30 Total :195.38 135816 12/6/2012 070837 SUNBELT RENTALS INC 471467 DECORATING PLAZA TREE DECORATING PLAZA TREE 001.000.640.576.800.450.00 2,122.45 9.5% Sales Tax 001.000.640.576.800.450.00 201.65 Total :2,324.10 135817 12/6/2012 073501 SYNAPTEC SOFTWARE INC 2841 ANNUAL SUPPORT FOR LAWBASE SOFEWARE ANNUAL SUPPORT FOR LAWBASE SOFEWARE 001.000.230.512.501.490.00 800.00 Total :800.00 135818 12/6/2012 065578 SYSTEMS INTERFACE INC 14155 Water - Supply and Install UPS's at 5 Water - Supply and Install UPS's at 5 37Page: Packet Page 66 of 369 12/06/2012 Voucher List City of Edmonds 38 10:25:50AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 135818 12/6/2012 (Continued)065578 SYSTEMS INTERFACE INC 411.000.654.534.800.480.00 2,360.00 9.5% Sales Tax 411.000.654.534.800.480.00 224.20 Total :2,584.20 135819 12/6/2012 009350 THE DAILY HERALD COMPANY 0001801598 RFP AD FOR YOUTH SPORTS CAMPS RFP ad for Youth Sports Camps 001.000.640.574.200.440.00 68.80 Total :68.80 135820 12/6/2012 009350 THE DAILY HERALD COMPANY 11302012 NEWSPAPER ADS City Council & Plan Brd Agendas 001.000.250.514.300.440.00 1,772.10 NEWSPAPER AD1801678 Hearing:Harbor Sq Master Plan 001.000.250.514.300.440.00 75.68 NEWSPAPER AD1802302 Ord. 3898 001.000.250.514.300.440.00 25.80 NEWSPAPER AD1802304 Ord. 3899 001.000.250.514.300.440.00 32.68 Total :1,906.26 135821 12/6/2012 043935 UPS 00002T4T13472 SHIPPER 2T4T13 Return freight RMA 90089764 Blue Star 001.000.310.518.880.420.00 23.94 Total :23.94 135822 12/6/2012 064423 USA BLUE BOOK 809920 Water - Pry Bar, Gauges,Pipe Jackets Water - Pry Bar, Gauges,Pipe Jackets 411.000.654.534.800.310.00 217.34 Freight 411.000.654.534.800.310.00 16.91 9.5% Sales Tax 38Page: Packet Page 67 of 369 12/06/2012 Voucher List City of Edmonds 39 10:25:50AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 135822 12/6/2012 (Continued)064423 USA BLUE BOOK 411.000.654.534.800.310.00 22.25 Water - 10' Hose for Pipe Freezer816933 Water - 10' Hose for Pipe Freezer 411.000.654.534.800.310.00 47.95 Freight 411.000.654.534.800.310.00 13.14 9.5% Sales Tax 411.000.654.534.800.310.00 5.80 Sewer - 4' Metal Measuring Wheel (2)817263 Sewer - 4' Metal Measuring Wheel (2) 411.000.655.535.800.310.00 265.90 Freight 411.000.655.535.800.310.00 31.04 9.5% Sales Tax 411.000.655.535.800.310.00 28.21 Water - Master Locks, Keys820103 Water - Master Locks, Keys 411.000.654.534.800.310.00 283.44 Freight 411.000.654.534.800.310.00 20.38 9.5% Sales Tax 411.000.654.534.800.310.00 28.86 Total :981.22 135823 12/6/2012 067865 VERIZON WIRELESS 1140170938 C/A 571242650-0001 Blackberry Cell Phone Service Bld Dept 001.000.620.524.100.420.00 186.03 Blackberry Cell Phone Service City Clerk 001.000.250.514.300.420.00 56.00 iPad Cell Phone Service Council 001.000.110.511.100.420.00 270.13 Blackberry Cell Phone Service Court 001.000.230.512.500.420.00 91.37 Blackberry Cell Phone Service Planning 001.000.620.558.600.420.00 89.43 39Page: Packet Page 68 of 369 12/06/2012 Voucher List City of Edmonds 40 10:25:50AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 135823 12/6/2012 (Continued)067865 VERIZON WIRELESS Blackberry Cell Phone Service Econ 001.000.610.519.700.420.00 75.09 Blackberry Cell Phone Service 001.000.620.532.200.420.00 277.10 Blackberry Cell Phone Service Facilities 001.000.651.519.920.420.00 91.05 Blackberry Cell Phone Service Finance 001.000.310.514.230.420.00 304.08 Blackberry Cell Phone Service HR 001.000.220.516.100.420.00 30.02 Blackberry Cell Phone Service IT 001.000.310.518.880.420.00 1,605.11 Blackberry Cell Phone Service Mayor' 001.000.210.513.100.420.00 85.09 Blackberry Cell Phone Service Parks Dept 001.000.640.574.100.420.00 55.07 Blackberry Cell Phone Service Police 001.000.410.521.220.420.00 817.66 Blackberry Air Cards Police Dept 001.000.410.521.220.420.00 1,003.58 Blackberry Cell Phone Service PW Admin 001.000.650.519.910.420.00 56.00 Blackberry Cell Phone Service PW St Dept 111.000.653.542.900.420.00 35.98 Blackberry Cell Phone Service PW Water 411.000.654.534.800.420.00 38.00 Blackberry Cell Phone Service PW Water 411.000.655.535.800.420.00 37.99 Blackberry Cell Phone Service Sewer Dept 411.000.655.535.800.420.00 95.08 Blackberry Cell Phone Service WWTP 411.000.656.538.800.420.00 121.07 Blackberry Cell Phone Service Water 411.000.654.534.800.420.00 135.09 40Page: Packet Page 69 of 369 12/06/2012 Voucher List City of Edmonds 41 10:25:50AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 135823 12/6/2012 (Continued)067865 VERIZON WIRELESS C/A 772540262-000011140511022 Lift Station access - testing 001.000.310.518.880.420.00 18.14 Total :5,574.16 135824 12/6/2012 069836 VOLT SERVICE GROUP 28257386 OFFICE CLERK TEMPORARY HIRE OFFICE CLERK TEMPORARY HIRE 411.000.656.538.800.410.11 488.80 OFFICE CLERK TEMPORARY HIRE28296100 OFFICE CLERK TEMPORARY HIRE 411.000.656.538.800.310.00 488.80 Total :977.60 135825 12/6/2012 061485 WA ST DEPT OF HEALTH 2013 Waterworks Cert Water Dept Renewals - J Waite, L Water Dept Renewals - J Waite, L 411.000.654.534.800.490.00 294.00 Sewer Dept Renewals - T Harris, J 411.000.655.535.800.490.00 210.00 Total :504.00 135826 12/6/2012 074282 WALDE, SHEILA WALDE 7/23/2012 REFUND FROM 7/23/2012 102453 REFUND FROM 7/23/2012 001.000.000.239.200.000.00 146.00 Total :146.00 135827 12/6/2012 073552 WELCO SALES LLC 5715 INV#5715 - EDMONDS PD 1,100 EVIDENCE FORMS-2013 001.000.410.521.910.310.00 485.00 9.5% Sales Tax 001.000.410.521.910.310.00 46.08 Total :531.08 135828 12/6/2012 073552 WELCO SALES LLC 5711 SUPPLIES SUPPLIES 001.000.230.512.501.310.00 149.69 41Page: Packet Page 70 of 369 12/06/2012 Voucher List City of Edmonds 42 10:25:50AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :149.69135828 12/6/2012 073552 073552 WELCO SALES LLC 135829 12/6/2012 073552 WELCO SALES LLC 5722 #10 WINDOW &REGULAR ENVELOPES #10 Window Envelopes -Finance dept 001.000.310.514.230.310.00 460.00 #10 Regular Envelopes -Administrative 001.000.310.514.100.310.00 119.50 9.5% Sales Tax 001.000.310.514.230.310.00 43.70 9.5% Sales Tax 001.000.310.514.100.310.00 11.35 Total :634.55 135830 12/6/2012 073552 WELCO SALES LLC 5723 BUSINESS CARDS FOR IT,PD AND DEV SER Business Cards-Josh Munson250-00290 001.000.310.518.880.310.00 14.00 N.L. Bickar250-00290 001.000.410.521.100.310.00 14.00 K. Strum250-00290 001.000.410.521.100.310.00 14.00 Aaron Greenmun250-00290 001.000.410.521.100.310.00 14.00 R.T. Smith250-00290 001.000.410.521.100.310.00 14.00 R. Sutton250-00290 001.000.410.521.100.310.00 14.00 Michael D. Clugston250-00290 001.000.620.558.800.310.00 14.00 Kernen Lien250-00290 001.000.620.558.800.310.00 14.00 Jennifer Machuga250-00290 001.000.620.558.800.310.00 14.00 9.5% Sales Tax 001.000.310.518.880.310.00 1.33 9.5% Sales Tax 001.000.410.521.100.310.00 6.65 42Page: Packet Page 71 of 369 12/06/2012 Voucher List City of Edmonds 43 10:25:50AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 135830 12/6/2012 (Continued)073552 WELCO SALES LLC 9.5% Sales Tax 001.000.620.558.800.310.00 3.99 Total :137.97 135831 12/6/2012 073552 WELCO SALES LLC 5712 Utility Billing - #9 Return Env (2500) Utility Billing - #9 Return Env (2500) 411.000.652.542.900.310.00 45.57 Utility Billing - #9 Return Env (2500) 411.000.654.534.800.310.00 45.57 Utility Billing - #9 Return Env (2500) 411.000.655.535.800.310.00 45.56 9.5% Sales Tax 411.000.652.542.900.310.00 4.33 9.5% Sales Tax 411.000.654.534.800.310.00 4.33 9.5% Sales Tax 411.000.655.535.800.310.00 4.33 Total :149.69 135832 12/6/2012 068106 WELCOME COMMUNICATIONS 7702 Sewer - Grinder Pump Batteries Sewer - Grinder Pump Batteries 411.000.655.535.800.310.00 178.69 9.5% Sales Tax 411.000.655.535.800.310.00 16.97 Total :195.66 135833 12/6/2012 049500 WEST PUBLISHING 826025259 LAW MANUALS FOR JUDGE'S REVIEW LAW MANUALS FOR JUDGE'S REVIEW 001.000.230.512.500.310.00 220.64 Total :220.64 135834 12/6/2012 066678 WSDA PESTICIDE MGMT DIVISION 77744 LICENSE RENEWAL KATRINA HARRIS LICENSE RENEWAL 001.000.640.576.800.490.00 33.00 43Page: Packet Page 72 of 369 12/06/2012 Voucher List City of Edmonds 44 10:25:50AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :33.00135834 12/6/2012 066678 066678 WSDA PESTICIDE MGMT DIVISION 135835 12/6/2012 067374 XPEDITER TECHNOLOGY LLC 3629 INV#3629 - EDMONDS PD ANNUAL MAIN AGMT TO 12/1/2013 001.000.410.521.100.410.00 5,237.54 Total :5,237.54 Bank total :419,441.90137Vouchers for bank code :front 419,441.90Total vouchers :Vouchers in this report137 44Page: Packet Page 73 of 369 PROJECT NUMBERS (By Project Title) Funding Project Title Project Accounting Number Engineering Project Number FAC Edmonds Museum Exterior Repairs Project c327 E0LA FAC Senior Center Roof Repairs c332 E0LB General SR99 Enhancement Program c238 E6MA General SR104 Telecommunications Conduit Crossing c372 E1EA PM Dayton Street Plaza c276 E7MA PM Fourth Avenue Cultural Corridor c282 E8MA PM Interurban Trail c146 E2DB PM Marina Beach Additional Parking c290 E8MB PM Senior Center Parking Lot & Landscaping Improvements c321 E9MA STM 2012 Citywide Storm Drainage Improvements c382 E2FE STM Dayton Street & SR104 Storm Drainage Alternatives c374 E1FM STM Edmonds Marsh Feasibility Study c380 E2FC STM NPDES m013 E7FG STM Perrinville Creek Culvert Replacement c376 E1FN STM Public Facilities Water Quality Upgrades c339 E1FD STM Storm Contribution to Transportation Projects c341 E1FF STM Stormwater Development Review Support (NPDES Capacity)c349 E1FH STM Stormwater GIS Support c326 E0FC STM SW Edmonds-105th/106th Ave W Storm Improvements c336 E1FA STM Talbot Road/Perrinville Creek Drainage Improvements c307 E9FB STM Lake Ballinger Associated Projects 2012 c381 E2FD STM North Talbot Road Drainage Improvements c378 E2FA STM SW Edmonds Basin #3-238th St. SW to Hickman Park Infiltration System c379 E2FB STR 100th Ave W/Firdale Ave/238th St. SW/Traffic Signal Upgrade c329 E0AA STR 2009 Street Overlay Program c294 E9CA STR 2011 Residential Neighborhood Traffic Calming c343 E1AB STR 226th Street Walkway Project c312 E9DA STR 228th St. SW Corridor Improvements i005 E7AC STR 76th Ave W at 212th St SW Intersection Improvements c368 E1CA STR 76th Avenue West/75th Place West Walkway Project c245 E6DA STR 9th Avenue Improvement Project c392 E2AB STR Caspers/Ninth Avenue/Puget Drive (SR524) Walkway Project c256 E6DB STR Five Corners Roundabout (212th Street SW @ 84th Avenue W)c342 E1AA STR Main Street Lighting and Sidewalk Enhancements c265 E7AA Revised 12/6/2012Packet Page 74 of 369 PROJECT NUMBERS (By Project Title) Funding Project Title Project Accounting Number Engineering Project Number STR Shell Valley Emergency Access Road c268 E7CB STR Sunset Walkway Improvements c354 E1DA STR Transportation Plan Update c391 E2AA SWR 2012 Sanitary Sewer Comp Plan Update c369 E2GA SWR 2013 Sewerline Replacement Project c398 E3GA SWR Alder/Dellwood/Beach Pl/224th St. Sewer Replacement c347 E1GA SWR Alder Sanitary Sewer Pipe Rehabilitation c390 E2GB SWR BNSF Double Track Project c300 E8GC SWR City-Wide Sewer Improvements c301 E8GD SWR Lift Station 2 Improvements (Separated from L/s 13 - 09/01/08)c298 E8GA SWR OVD Sewer Lateral Improvements c142 E3GB SWR Sewer Lift Station Rehabilitation Design c304 E9GA WTR Sewer, Water, Stormwater Revenue Requirements Update c370 E1GB WTR 2010 Waterline Replacement Program c363 E0JA WTR 2011 Waterline Replacement Program c333 E1JA WTR 2012 Waterline Overlay Program c388 E2CA WTR 2012 Waterline Replacement Program c340 E1JE WTR 2013 Waterline Replacement Program c397 E3JA WTR 5th Avenue Overlay Project c399 E2CC WTR 76th Ave W Waterline Extension with Lynnwood c344 E1JB WTR AWD Intertie and Reservoir Improvements c324 E0IA WTR Edmonds General Facilities Charge Study c345 E1JC WTR Main Street Watermain c375 E1JK WTR OVD Watermain Improvements c141 E3JB WTR Pioneer Way Road Repair c389 E2CB WTR PRV Station 11 and 12 Abandonment c346 E1JD Revised 12/6/2012Packet Page 75 of 369 PROJECT NUMBERS (By Engineering Number) Funding Engineering Project Number Project Accounting Number Project Title STR E0AA c329 100th Ave W/Firdale Ave/238th St. SW/Traffic Signal Upgrade STM E0FC c326 Stormwater GIS Support WTR E0IA c324 AWD Intertie and Reservoir Improvements WTR E0JA c363 2010 Waterline Replacement Program FAC E0LA c327 Edmonds Museum Exterior Repairs Project FAC E0LB c332 Senior Center Roof Repairs STR E1AA c342 Five Corners Roundabout (212th Street SW @ 84th Avenue W) STR E1AB c343 2011 Residential Neighborhood Traffic Calming STR E1CA c368 76th Ave W at 212th St SW Intersection Improvements STR E1DA c354 Sunset Walkway Improvements General E1EA c372 SR104 Telecommunications Conduit Crossing STM E1FA c336 SW Edmonds-105th/106th Ave W Storm Improvements STM E1FD c339 Public Facilities Water Quality Upgrades STM E1FF c341 Storm Contribution to Transportation Projects STM E1FH c349 Stormwater Development Review Support (NPDES Capacity) STM E1FM c374 Dayton Street & SR104 Storm Drainage Alternatives STM E1FN c376 Perrinville Creek Culvert Replacement SWR E1GA c347 Alder/Dellwood/Beach Pl/224th St. Sewer Replacement WTR E1GB c370 Sewer, Water, Stormwater Revenue Requirements Update WTR E1JA c333 2011 Waterline Replacement Program WTR E1JB c344 76th Ave W Waterline Extension with Lynnwood WTR E1JC c345 Edmonds General Facilities Charge Study WTR E1JD c346 PRV Station 11 and 12 Abandonment WTR E1JE c340 2012 Waterline Replacement Program WTR E1JK c375 Main Street Watermain STR E2AA c391 Transportation Plan Update STR E2AB c392 9th Avenue Improvement Project WTR E2CA c388 2012 Waterline Overlay Program WTR E2CB c389 Pioneer Way Road Repair WTR E2CC c399 5th Avenue Overlay Project PM E2DB c146 Interurban Trail STM E2FA c378 North Talbot Road Drainage Improvements STM E2FB c379 SW Edmonds Basin #3-238th St. SW to Hickman Park Infiltration System STM E2FC c380 Edmonds Marsh Feasibility Study STM E2FD c381 Lake Ballinger Associated Projects 2012 STM E2FE c382 2012 Citywide Storm Drainage Improvements Revised 12/6/2012Packet Page 76 of 369 PROJECT NUMBERS (By Engineering Number) Funding Engineering Project Number Project Accounting Number Project Title SWR E2GA c369 2012 Sanitary Sewer Comp Plan Update SWR E2GB c390 Alder Sanitary Sewer Pipe Rehabilitation SWR E3GA c398 2013 Sewerline Replacement Project SWR E3GB c142 OVD Sewer Lateral Improvements WTR E3JA c397 2013 Waterline Replacement Program WTR E3JB c141 OVD Watermain Improvements STR E6DA c245 76th Avenue West/75th Place West Walkway Project STR E6DB c256 Caspers/Ninth Avenue/Puget Drive (SR524) Walkway Project General E6MA c238 SR99 Enhancement Program STR E7AA c265 Main Street Lighting and Sidewalk Enhancements STR E7AC i005 228th St. SW Corridor Improvements STR E7CB c268 Shell Valley Emergency Access Road STM E7FG m013 NPDES PM E7MA c276 Dayton Street Plaza SWR E8GA c298 Lift Station 2 Improvements (Separated from L/s 13 - 09/01/08) SWR E8GC c300 BNSF Double Track Project SWR E8GD c301 City-Wide Sewer Improvements PM E8MA c282 Fourth Avenue Cultural Corridor PM E8MB c290 Marina Beach Additional Parking STR E9CA c294 2009 Street Overlay Program STR E9DA c312 226th Street Walkway Project STM E9FB c307 Talbot Road/Perrinville Creek Drainage Improvements SWR E9GA c304 Sewer Lift Station Rehabilitation Design PM E9MA c321 Senior Center Parking Lot & Landscaping Improvements Revised 12/6/2012Packet Page 77 of 369 PROJECT NUMBERS (By New Project Accounting Number) Funding Project Accounting Number Engineering Project Number Project Title WTR c141 E3JB OVD Watermain Improvements SWR c142 E3GB OVD Sewer Lateral Improvements PM c146 E2DB Interurban Trail General c238 E6MA SR99 Enhancement Program STR c245 E6DA 76th Avenue West/75th Place West Walkway Project STR c256 E6DB Caspers/Ninth Avenue/Puget Drive (SR524) Walkway Project STR c265 E7AA Main Street Lighting and Sidewalk Enhancements STR c268 E7CB Shell Valley Emergency Access Road PM c276 E7MA Dayton Street Plaza PM c282 E8MA Fourth Avenue Cultural Corridor PM c290 E8MB Marina Beach Additional Parking STR c294 E9CA 2009 Street Overlay Program SWR c298 E8GA Lift Station 2 Improvements (Separated from L/s 13 - 09/01/08) SWR c300 E8GC BNSF Double Track Project SWR c301 E8GD City-Wide Sewer Improvements SWR c304 E9GA Sewer Lift Station Rehabilitation Design STM c307 E9FB Talbot Road/Perrinville Creek Drainage Improvements STR c312 E9DA 226th Street Walkway Project PM c321 E9MA Senior Center Parking Lot & Landscaping Improvements WTR c324 E0IA AWD Intertie and Reservoir Improvements STM c326 E0FC Stormwater GIS Support FAC c327 E0LA Edmonds Museum Exterior Repairs Project STR c329 E0AA 100th Ave W/Firdale Ave/238th St. SW/Traffic Signal Upgrade FAC c332 E0LB Senior Center Roof Repairs WTR c333 E1JA 2011 Waterline Replacement Program STM c336 E1FA SW Edmonds-105th/106th Ave W Storm Improvements STM c339 E1FD Public Facilities Water Quality Upgrades WTR c340 E1JE 2012 Waterline Replacement Program STM c341 E1FF Storm Contribution to Transportation Projects STR c342 E1AA Five Corners Roundabout (212th Street SW @ 84th Avenue W) STR c343 E1AB 2011 Residential Neighborhood Traffic Calming WTR c344 E1JB 76th Ave W Waterline Extension with Lynnwood WTR c345 E1JC Edmonds General Facilities Charge Study Revised 12/6/2012Packet Page 78 of 369 PROJECT NUMBERS (By New Project Accounting Number) Funding Project Accounting Number Engineering Project Number Project Title WTR c346 E1JD PRV Station 11 and 12 Abandonment SWR c347 E1GA Alder/Dellwood/Beach Pl/224th St. Sewer Replacement STM c349 E1FH Stormwater Development Review Support (NPDES Capacity) STR c354 E1DA Sunset Walkway Improvements WTR c363 E0JA 2010 Waterline Replacement Program STR c368 E1CA 76th Ave W at 212th St SW Intersection Improvements SWR c369 E2GA 2012 Sanitary Sewer Comp Plan Update WTR c370 E1GB Sewer, Water, Stormwater Revenue Requirements Update General c372 E1EA SR104 Telecommunications Conduit Crossing STM c374 E1FM Dayton Street & SR104 Storm Drainage Alternatives WTR c375 E1JK Main Street Watermain STM c376 E1FN Perrinville Creek Culvert Replacement STM c378 E2FA North Talbot Road Drainage Improvements STM c379 E2FB SW Edmonds Basin #3-238th St. SW to Hickman Park Infiltration System STM c380 E2FC Edmonds Marsh Feasibility Study STM c381 E2FD Lake Ballinger Associated Projects 2012 STM c382 E2FE 2012 Citywide Storm Drainage Improvements WWTP c383 WWTP WWTP ReRoof Project WTR c388 E2CA 2012 Waterline Overlay Program WTR c389 E2CB Pioneer Way Road Repair SWR c390 E2GB Alder Sanitary Sewer Pipe Rehabilitation STR c391 E2AA Transportation Plan Update STR c392 E2AB 9th Avenue Improvement Project WTR c397 E3JA 2013 Waterline Replacement Program SWR c398 E3GA 2013 Sewerline Replacement Project WTR c399 E2CC 5th Avenue Overlay Project STR i005 E7AC 228th St. SW Corridor Improvements STM m013 E7FG NPDES Revised 12/6/2012Packet Page 79 of 369 PROJECT NUMBERS (By Project Title) Funding Project Title Project Accounting Number Engineering Project Number STR 100th Ave W/Firdale Ave/238th St. SW/Traffic Signal Upgrade c329 E0AA STR 2009 Street Overlay Program c294 E9CA WTR 2010 Waterline Replacement Program c363 E0JA STR 2011 Residential Neighborhood Traffic Calming c343 E1AB WTR 2011 Waterline Replacement Program c333 E1JA STM 2012 Citywide Storm Drainage Improvements c382 E2FE SWR 2012 Sanitary Sewer Comp Plan Update c369 E2GA WTR 2012 Waterline Overlay Program c388 E2CA WTR 2012 Waterline Replacement Program c340 E1JE SWR 2013 Sewerline Replacement Project c398 E3GA WTR 2013 Waterline Replacement Program c397 E3JA STR 226th Street Walkway Project c312 E9DA STR 228th St. SW Corridor Improvements i005 E7AC WTR 5th Ave Overlay Project c399 E2CC STR 76th Ave W at 212th St SW Intersection Improvements c368 E1CA WTR 76th Ave W Waterline Extension with Lynnwood c344 E1JB STR 76th Avenue West/75th Place West Walkway Project c245 E6DA STR 9th Avenue Improvement Project c392 E2AB SWR Alder Sanitary Sewer Pipe Rehabilitation c390 E2GB SWR Alder/Dellwood/Beach Pl/224th St. Sewer Replacement c347 E1GA WTR AWD Intertie and Reservoir Improvements c324 E0IA SWR BNSF Double Track Project c300 E8GC STR Caspers/Ninth Avenue/Puget Drive (SR524) Walkway Project c256 E6DB SWR City-Wide Sewer Improvements c301 E8GD STM Dayton Street & SR104 Storm Drainage Alternatives c374 E1FM PM Dayton Street Plaza c276 E7MA WTR Edmonds General Facilities Charge Study c345 E1JC STM Edmonds Marsh Feasibility Study c380 E2FC FAC Edmonds Museum Exterior Repairs Project c327 E0LA STR Five Corners Roundabout (212th Street SW @ 84th Avenue W)c342 E1AA PM Fourth Avenue Cultural Corridor c282 E8MA PM Interurban Trail c146 E2DB STM Lake Ballinger Associated Projects 2012 c381 E2FD SWR Lift Station 2 Improvements (Separated from L/s 13 - 09/01/08)c298 E8GA Revised 12/6/2012Packet Page 80 of 369 PROJECT NUMBERS (By Project Title) Funding Project Title Project Accounting Number Engineering Project Number STR Main Street Lighting and Sidewalk Enhancements c265 E7AA WTR Main Street Watermain c375 E1JK PM Marina Beach Additional Parking c290 E8MB STM North Talbot Road Drainage Improvements c378 E2FA STM NPDES m013 E7FG SWR OVD Sewer Lateral Improvements c142 E3GB WTR OVD Watermain Improvements c141 E3JB STM Perrinville Creek Culvert Replacement c376 E1FN WTR Pioneer Way Road Repair c389 E2CB WTR PRV Station 11 and 12 Abandonment c346 E1JD STM Public Facilities Water Quality Upgrades c339 E1FD PM Senior Center Parking Lot & Landscaping Improvements c321 E9MA FAC Senior Center Roof Repairs c332 E0LB SWR Sewer Lift Station Rehabilitation Design c304 E9GA WTR Sewer, Water, Stormwater Revenue Requirements Update c370 E1GB STR Shell Valley Emergency Access Road c268 E7CB General SR104 Telecommunications Conduit Crossing c372 E1EA General SR99 Enhancement Program c238 E6MA STM Storm Contribution to Transportation Projects c341 E1FF STM Stormwater Development Review Support (NPDES Capacity)c349 E1FH STM Stormwater GIS Support c326 E0FC STR Sunset Walkway Improvements c354 E1DA STM SW Edmonds Basin #3-238th St. SW to Hickman Park Infiltration System c379 E2FB STM SW Edmonds-105th/106th Ave W Storm Improvements c336 E1FA STM Talbot Road/Perrinville Creek Drainage Improvements c307 E9FB STR Transportation Plan Update c391 E2AA Revised 12/6/2012Packet Page 81 of 369 PROJECT NUMBERS (Phase and Task Numbers) Phases and Tasks (Engineering Division) Phase Title ct Construction ds Design pl Preliminary sa Site Acquisition & Prep st Study ro Right-of-Way Task Title 196 Traffic Engineering & Studies 197 MAIT 198 CTR 199 Engineering Plans & Services 950 Engineering Staff Time 970 Construction Management 981 Contract 990 Miscellaneous 991 Retainage stm Engineering Staff Time-Storm str Engineering Staff Time-Street swr Engineering Staff Time-Sewer wtr Engineering Staff Time-Water prk Engineering Staff Time-Park Packet Page 82 of 369 Benefit Checks Summary Report City of Edmonds Pay Period: 561 - 11/16/2012 to 11/30/2012 Bank: front - Union Bank Direct DepositCheck AmtNamePayee #DateCheck # 51984 12/05/2012 mebt AST TTEE 109,178.02 0.00 51985 12/05/2012 epoa EPOA-1 POLICE 1,219.00 0.00 51986 12/05/2012 epoa4 EPOA-4 POLICE SUPPORT 117.00 0.00 51987 12/05/2012 flex FLEX-PLAN SERVICES, INC 464.17 0.00 51988 12/05/2012 jhan JOHN HANCOCK 1,656.59 0.00 51989 12/05/2012 pb NATIONWIDE RETIREMENT SOLUTION 3,703.05 0.00 51990 12/05/2012 cope SEIU COPE 72.00 0.00 51991 12/05/2012 seiu SEIU LOCAL 925 3,151.86 0.00 51992 12/05/2012 sdu STATE DISBURSEMENT UNIT 250.00 0.00 51993 12/05/2012 uw UNITED WAY OF SNOHOMISH COUNTY 314.00 0.00 51994 12/05/2012 icma VANTAGE TRANSFER AGENTS 304884 1,726.33 0.00 51995 12/05/2012 wadc WASHINGTON STATE TREASURER 15,751.00 0.00 137,603.02 0.00 Bank: wire - FRONTIER BANK Direct DepositCheck AmtNamePayee #DateCheck # 1972 12/05/2012 aflac AFLAC 4,222.12 0.00 1975 12/05/2012 front FRONTIER BANK 122,686.47 0.00 1976 12/05/2012 oe OFFICE OF SUPPORT ENFORCEMENT 208.50 0.00 127,117.09 0.00 264,720.11 0.00Grand Totals: Page 1 of 112/4/2012 Packet Page 83 of 369 Payroll Earnings Summary Report City of Edmonds Pay Period: 561 (11/16/2012 to 11/30/2012) Hours AmountHour Type Hour Class Description 112 43.00 0.00NO PAY NON HIREDABSENT 121 592.25 20,037.15SICK LEAVESICK 122 1,118.25 38,500.00VACATIONVACATION 123 108.25 3,608.66HOLIDAY HOURSHOLIDAY 124 144.75 4,114.63FLOATER HOLIDAYHOLIDAY 125 166.00 5,381.81COMPENSATORY TIMECOMP HOURS 129 88.00 3,127.25Police Sick Leave L & ISICK 130 8.00 289.21Holiday Compensation UsedCOMP HOURS 133 40.75 1,060.94Police Support Floater HolidayHOLIDAY 141 81.00 2,377.77BEREAVEMENTBEREAVEMENT 150 228.00 8,127.15Kelly Day UsedREGULAR HOURS 151 12.00 393.74HOLIDAY COMP BUY BACKCOMP HOURS 152 22.88 750.73COMPTIME BUY BACKCOMP HOURS 155 57.25 2,358.54COMPTIME AUTO PAYCOMP HOURS 157 2.13 69.89SICK LEAVE PAYOFFSICK 158 130.06 4,267.48VACATION PAYOFFVACATION 170 0.00 4,200.00COUNCIL BASE PAYREGULAR HOURS 171 108.00 1,350.00COUNCIL MEETING PAYREGULAR HOURS 172 64.00 800.00COUNCIL OTHER MEETINGREGULAR HOURS 173 0.00 100.00COUNCIL AGENDA PAYREGULAR HOURS 174 0.00 100.00COUNCIL PRESIDENTS PAYREGULAR HOURS 190 12,408.50 421,298.71REGULAR HOURSREGULAR HOURS 191 4.00 3,542.87FIRE PENSION PAYMENTSREGULAR HOURS 195 64.00 2,278.90ADMINISTRATIVE LEAVEREGULAR HOURS 196 161.00 6,014.19LIGHT DUTYREGULAR HOURS 210 162.75 6,247.13OVERTIME-STRAIGHTOVERTIME HOURS 215 48.00 1,976.14WATER WATCH STANDBYOVERTIME HOURS 216 16.00 1,368.08STANDBY TREATMENT PLANTMISCELLANEOUS 220 150.50 7,871.56OVERTIME 1.5OVERTIME HOURS 225 58.75 3,464.10OVERTIME-DOUBLEOVERTIME HOURS 411 0.00 770.12SHIFT DIFFERENTIALSHIFT DIFFERENTIAL 602 96.75 0.00ACCRUED COMPCOMP HOURS 603 18.00 0.00Holiday Comp 1.0COMP HOURS 12/04/2012 Page 1 of 3 Packet Page 84 of 369 Payroll Earnings Summary Report City of Edmonds Pay Period: 561 (11/16/2012 to 11/30/2012) Hours AmountHour Type Hour Class Description 604 76.50 0.00ACCRUED COMP TIMECOMP HOURS 607 5.00 0.00Holiday Compensatory Time 1.5COMP HOURS acc 0.00 23.10ACCREDITATION PAYMISCELLANEOUS acs 0.00 155.51ACCRED/POLICE SUPPORTMISCELLANEOUS boc 0.00 78.48BOC II CertificationMISCELLANEOUS cpl 0.00 134.74TRAINING CORPORALMISCELLANEOUS crt 0.00 667.88CERTIFICATION III PAYMISCELLANEOUS det 0.00 94.01DETECTIVE PAYMISCELLANEOUS det4 0.00 780.22Detective 4%MISCELLANEOUS ed1 0.00 764.81EDUCATION PAY 2%EDUCATION PAY ed2 0.00 817.78EDUCATION PAY 4%EDUCATION PAY ed3 0.00 5,217.93EDUCATION PAY 6%EDUCATION PAY fmls 94.00 3,148.98FAMILY MEDICAL/SICKSICK fmlv 64.00 2,293.46Family Medical Leave VacationVACATION hol 2,280.60 76,726.38HOLIDAYHOLIDAY k9 0.00 202.12K-9 PAYMISCELLANEOUS lg1 0.00 1,942.92LONGEVITY PAY 2%LONGEVITY PAY lg2 0.00 1,356.42LONGEVITY PAY 4%LONGEVITY PAY lg3 0.00 4,981.98LONGEVITY 6%LONGEVITY PAY lg4 0.00 513.90Longevity 1%LONGEVITY lg5 0.00 65.67Longevity 3%LONGEVITY lg6 0.00 250.21Longevity .5%LONGEVITY lg7 0.00 434.83Longevity 1.5%LONGEVITY lgh 0.00 0.00Longevity HourlyLONGEVITY mtc 0.00 188.02MOTORCYCLE PAYMISCELLANEOUS ooc 0.00 248.635% OUT OF CLASSMISCELLANEOUS pds 0.00 43.78Public Disclosure SpecialistMISCELLANEOUS phy 0.00 1,719.45PHYSICAL FITNESS PAYMISCELLANEOUS prof 0.00 144.12PROFESSIONAL STANDARDS SERGEANMISCELLANEOUS sdp 0.00 271.58SPECIAL DUTY PAY 5%MISCELLANEOUS sgt 0.00 144.12ADMINISTRATIVE SERGEANTMISCELLANEOUS traf 0.00 296.11TRAFFICMISCELLANEOUS 12/04/2012 Page 2 of 3 Packet Page 85 of 369 Payroll Earnings Summary Report City of Edmonds Pay Period: 561 (11/16/2012 to 11/30/2012) Hours AmountHour Type Hour Class Description Total Net Pay:$458,071.96 $659,553.89 18,722.92 12/04/2012 Page 3 of 3 Packet Page 86 of 369    AM-5326     5.              City Council Meeting and Committee Meetings Meeting Date:12/11/2012 Time:60 Minutes   Submitted For:Shawn Hunstock Submitted By:Shawn Hunstock Department:Finance Review Committee: Committee Action:  Type: Action  Information Subject Title 2013 Budget Adoption Recommendation Recommend approval of the 2013 Proposed Budget, as amended. Previous Council Action Budget workshops on 10/23/12 and 10/30/12. Public Hearings on 11/5/12 and 11/20/12. Narrative Council will consider the 2013 Proposed Budget and will discuss changes to it. Included in the agenda packet is a list of changes to the proposed budget that is being recommended by Mayor Earling, Council President Peterson, Council member Buckshnis and Finance Director Hunstock. Fiscal Impact Fiscal Year:2013 Revenue:$66,426,307 Expenditure:$78,708,399 Fiscal Impact: Attachments Budgetary Changes to 2013 Proposed Budget Recommended Budgetary Changes to 2013 Proposed Budget Non-Budgetary Changes to 2013 Proposed Budget 2013 Debt Service Savings by Bond Issue Updated Strategic Outlook, pg. 21 Updated Mayor's Office Org Chart, pg. 50 Updated Development Services Org Chart, pg. 96 2013 Budget Ordinance 2013 Budget Attachment A 2013 Budget Attachment B 2013 Budget Decision Packages Form Review Inbox Reviewed By Date Packet Page 87 of 369 City Clerk Sandy Chase 12/06/2012 01:59 PM Mayor Sandy Chase 12/07/2012 09:40 AM Finalize for Agenda Sandy Chase 12/07/2012 09:42 AM Form Started By: Shawn Hunstock Started On: 12/06/2012 12:05 PM Final Approval Date: 12/07/2012  Packet Page 88 of 369 Budget Changes (General Fund Only) 2013 2014 2015 2016 2017 Amount Proposed Budget Outlook Outlook Outlook Outlook Approved Y/N Comment Surplus/(Deficit) from Strategic Outlook (pg. 21)(0) 75,863 (504,003) (1,090,436) (1,430,097) Increases/(Decreases) in General Fund Revenue: *Decrease in sewer utility taxes (23,500) - - - - - Decrease utility tax revenue due to rate increase not being adopted. Subtotal: (23,500) - - - - - Increases/(Decreases) in General Fund Expenditures: Corrections: Additional bond refinance savings (GF portion)(7,517) - - - - - Decrease contribution to ECA (pg. 69)(30,000) - - - - - Corrections to Parks budget (pg. 109 & 115)(51,370) - - - - - Increase in Prosecutor costs (pg. 58)4,200 - - - - - Decision Packages (pg. 43): Diverse fiber route to Hwy 99 (City Park to Cemetery)60,000 - This item would fund part of the cost of establishing a diverse fiber route. This portion would be for City Park to the cemetery. Completion of the rest of the route from the cemetery to Hwy 99 would cost an additional $115,000. Fiber optic customer development 40,000 - This item would fund marketing efforts, both time and materials, for connection of new customers to the existing fiber infrastructure, as well as help offset some of the capital cost of making the physical connection to the infrastructure. PROS Plan (fund at either $100K or $125K)125,000 - - Staff recommends including funding of the PROS plan at the full amount, $125,000, to include the cultural arts component of the plan. Council amendments: Fiber business plan 35,000 - The Finance Committee recommended this item be added to the list at their November meeting. This would fund a business plan related to fiber that would help inform the Council, CTAC, EDC Tech Committee and others about the future strategic direction of fiber as well as how to market to those opportunities. Video annotation of Council meetings (Phase I)27,000 - - - - - In addition to the up-front costs, it would be necessary to budget $10,095 of annual on-going costs as well. Video annotation of Council meetings (Phase II)22,000 - This would provide a "mobile studio" that could be used for video/audio recordings for meetings held outside of Council chambers. Reduce Police overtime (range of $20K to $70K)(20,000) - - - - - The PD is expecting YE 2012 OT expenditure in the area of $373,000. Of that amount, aproximately $46,000 is reimburseable from contracts or grants. The PD suggests $400,000 (which includes reimburseable OT) as a budgeted amount for 2013 that will provide some cushion for contingencies. This represents a $20,000 decrease from the original draft budget. Reduce overtime in Council budget ($5,287 to $5,687 in savings) (pg. 49)(5,287) - - - - - Reduce overall training/travel in PD budget (pg. 72)(30,000) - - - - - The PD is expecting YE 2012 Travel expenditure of $15,000. This line pays for travel, hotel, and ancillary expenses for out of town training. The PD routinely seeks training that does not involve out of town travel. However, certain training is not offered locally, so by necessity, travel is necessary for employees to receive training - much of it required to attain/retain certifications. In addition, this line pays for travel associated with background investigations of prospective employees. The PD suggests $16,000 as a budgeted amount for 2013. This represents a $10,000 decrease from the original draft budget. Consider skipping 2013 transfer to Firemen's Pension Fund (617) (pg. 180)(50,000) - Fund balance is historically around $200,000 in this fund. Move B fund contribution to 2012 rather than 2013 (311,000) - There is no guarantee a surplus will exist in 2012 to make this contribution. If a surplus does not occur in 2012, fund balance would be needed to pay for these charges. When looking at two years, 2012 and 2013, rather than just 2013, this would result in spending the same $311,000 more than once which reduces fund balance in the General Fund. Restore seasonal labor cuts in Parks & Rec (pg. 117 &118)64,400 - - - - - Restore beach ranger cut (pg. 109)10,000 - - - - - Restore cut in Parks & Rec for irrigation (pg. 117)15,000 - - - - - Provide funding for Code re-write ($75K for 2013 and $75K for 2014) (pg. 99) 150,000 - - It might not be possible to complete this project by the end of 2013. If this is fully funded in 2013, the unspent contract amount could be carried over to 2014 with Council approval. Restore Planning Board minute taking cut (range of $3,500 to $5,000) (pg. 99) 3,500 - - - - - Reduce GF contribution to LEOFF Insurance Reserve Fund (one-time savings) (300,000) - Reducing the transfer-in from $600,000 to $300,000 will leave almost a significantly reduced fund balance in this fund. If long-term care costs continue trending up, the fund will run out of money and it will be necessary to request Council to add additional funding from the General Fund. Decrease contract to FD1 (remove 2% COLA adjustment) (pg. 69)(124,456) - If this amount is removed and the union contract negotiations are settled later with a COLA other than 0%, it will be necessary to add back some or all of this reduction later. Restore Council travel budget to $2,500 (pg. 49)1,500 - - - - - Reduce supplies budget in PD Records Management division (pg. 76)(1,800) - - - - - This supplies line is used for purchase of all PD department forms and citations, as well as folders and tabs for our police records. The PD did not purchase citation forms in 2011 or 2012, however will need to do so in 2013 at an estimated cost of $1500 over and above the other miscellaneous operating supplies that are normally purchased out of this line. The PD suggests a budgeted amount for 2013 of $4,700. This represents a $1,800 decrease from the original draft budget. Reduce uniform budget in Parks Maint to 2012 Estimate (pg. 117)(1,000) - - - - - We could reduce this by $1000. We still need to replace uniforms for existing staff on an intermittent basis. Restore 0.2 FTE reduction in Public Works Admin (pg. 123)12,377 - - - - - - - - - - - *Reduce GF contribution to the Building Maintenance Fund 016 (pg. 133)(20,000) - The City provides accessible facilities in all public areas except one. The Frances Anderson Center Gymnasium has two locker rooms that need extensive remodeling to meet this requirement. An estimated $150,000 would be needed for this project. - - - - - - - - - - - - - - - - - - - - - - - - Subtotal: (382,453) - - - - - Revised Surplus/(Deficit) - General Fund Only 358,953 (0) 75,863 (504,003) (1,090,436) (1,430,097) Budget Changes (Other Funds) Corrections: Additional bond refinance savings (non-GF portion)(43,191) - - - - - Reduce hotel/motel tax in fund 120 by the amount going to fund 123 (pg. 144) (17,250) - Water fund bond proceeds of $4.5M in 2013 (vs. $5.3M in 2012) (pg. 169) 4,500,000 - Sewer/WWTP bond proceeds of $2.0M in 2013 (vs. $3.9M in 2012) (pg. 174) 2,000,000 - Decision Packages (pg. 43): Engineering FTE 95,890 - - - - - The position will not be charged to the General Fund. Salary and benefit costs will be charged to the Street fund and/or utility funds depending on the projects the individual works on, as recorded on timesheets each pay period. Council amendments: Remove $40,000 from Municipal Arts Fund (117) for senior center art (pg. 142) (40,000) - Reallocate $200,000 budgeted for community garden to diff. project (pg. 149)- - Consider skipping 2013 transfer to Firemen's Pension Fund (617) (pg. 180)(50,000) - Move B fund contribution to 2012 rather than 2013 (pg. 179)(311,000) - SR104 transportation study (pg. 139)150,000 - - *Reduce GF contribution to the Building Maintenance Fund 016 (pg. 133)(20,000) - See above comment on this item. - Total Budget Changes (Other Funds)6,264,449 - - - - - *Added to the list on 12/6/2012. Packet Page 89 of 369 Budget Changes (General Fund Only) 2013 2014 2015 2016 2017 Amount Proposed Budget Outlook Outlook Outlook Outlook Approved Y/N Comment Surplus/(Deficit) from Strategic Outlook (pg. 21)(0) 75,863 (504,003) (1,090,436) (1,430,097) Increases/(Decreases) in General Fund Revenue: *Decrease in sewer utility taxes (23,500) (23,500) (23,500) (23,500) (23,500) (23,500) y Decrease utility tax revenue due to rate increase not being adopted. Subtotal: (23,500) (23,500) (23,500) (23,500) (23,500) (23,500) Increases/(Decreases) in General Fund Expenditures: Corrections: Additional bond refinance savings (GF portion)(7,517) (7,517) (7,517) (7,517) (7,517) (7,517) y Decrease contribution to ECA (pg. 69)(30,000) (30,000) (30,000) (30,000) (30,000) (30,000) y Corrections to Parks budget (pg. 109 & 115)(51,370) (51,370) (51,370) (51,370) (51,370) (51,370) y Increase in Prosecutor costs (pg. 58)4,200 4,200 4,200 4,200 4,200 4,200 y Decision Packages (pg. 43): Diverse fiber route to Hwy 99 (City Park to Cemetery)60,000 60,000 y This item would fund part of the cost of establishing a diverse fiber route. This portion would be for City Park to the cemetery. Completion of the full route from City Park to Hwy 99 would cost an additional $115,000. Fiber optic customer development 40,000 40,000 y This item would fund marketing efforts, both time and materials, for connection of new customers to the existing fiber infrastructure, as well as help offset some of the capital cost of making the physical connection to the infrastructure. PROS Plan (fund at either $100K or $125K)125,000 62,500 62,500 y Staff recommends including funding of the PROS plan at the full amount, $125,000, to include the cultural arts component of the plan. Council amendments: Fiber business plan 35,000 35,000 y The Finance Committee recommended this item be added to the list at their November meeting. This would fund a business plan related to fiber that would help inform the Council, CTAC, EDC Tech Committee and others about the future strategic direction of the fiber as well as how to market to those opportunities. Video annotation of Council meetings (Phase I)27,000 27,000 10,095 10,095 10,095 10,095 y In addition to the up-front costs, it would be necessary to budget $10,095 of annual on-going costs as well. Video annotation of Council meetings (Phase II)22,000 22,000 y This would provide a "mobile studio" that could be used for video/audio recordings for meetings held outside of Council chambers. Reduce Police overtime (range of $20K to $70K)(20,000) (20,000) (20,000) (20,000) (20,000) (20,000) y The PD is expecting YE 2012 OT expenditure in the area of $373,000. Of that amount, aproximately $46,000 is reimburseable from contracts or grants. The PD suggests $400,000 (which includes reimburseable OT) as a budgeted amount for 2013 that will provide some cushion for contingencies. This represents a $20,000 decrease from the original draft budget. Reduce overtime in Council budget ($5,287 to $5,687 in savings) (pg. 49)(5,287) - - - - - Reduce overall training/travel in PD budget (pg. 72)(30,000) (10,000) (10,000) (10,000) (10,000) (10,000) y The PD is expecting YE 2012 Travel expenditure of $15,000. This line pays for travel, hotel, and ancillary expenses for out of town training. The PD routinely seeks training that does not involve out of town travel. However, certain training is not offered locally, so by necessity, travel is necessary for employees to receive training - much of it required to attain/retain certifications. In addition, this line pays for travel associated with background investigations of prospective employees. The PD suggests $16,000 as a budgeted amount for 2013. This represents a $10,000 decrease from the original draft budget. Consider skipping 2013 transfer to Firemen's Pension Fund (617) (pg. 180)(50,000) (50,000) y Fund balance is historically around $200,000 in this fund. Move B fund contribution to 2012 rather than 2013 (311,000) - There is no guarantee a surplus will exist in 2012 to make this contribution. If a surplus does not occur in 2012, fund balance would be needed to pay for these charges. When looking at two years, 2012 and 2013, rather than just 2013, this would result in spending the same $311,000 more than once which reduces fund balance in the General Fund. Restore seasonal labor cuts in Parks & Rec (pg. 117 &118)64,400 - - - - - Restore beach ranger cut (pg. 109)10,000 - - - - - Restore cut in Parks & Rec for irrigation (pg. 117)15,000 - - - - - Provide funding for Code re-write ($75K for 2013 and $75K for 2014) (pg. 99) 150,000 75,000 75,000 y It might not be possible to complete this project by the end of 2013. If this is fully funded in 2013, the unspent contract amount could be carried over to 2014 with Council approval. Restore Planning Board minute taking cut (range of $3,500 to $5,000) (pg. 99) 3,500 3,500 3,500 3,500 3,500 3,500 y Reduce GF contribution to LEOFF Insurance Reserve Fund (one-time savings) (300,000) (200,000) y Reducing the transfer-in from $600,000 to $300,000 will leave almost a significantly reduced fund balance in this fund. If long-term care costs continue trending up, the fund will run out of money and it will be necessary to request Council to add additional funding from the General Fund. Decrease contract to FD1 (remove 2% COLA adjustment) (pg. 69)(124,456) - If this amount is removed and the union contract negotiations are settled later with a COLA other than 0%, it will be necessary to add back some or all of this reduction later. Restore Council travel budget to $2,500 (pg. 49)1,500 - - - - - Reduce supplies budget in PD Records Management division (pg. 76)(1,800) (1,800) (1,800) (1,800) (1,800) (1,800) y This supplies line is used for purchase of all PD department forms and citations, as well as folders and tabs for our police records. The PD did not purchase citation forms in 2011 or 2012, however will need to do so in 2013 at an estimated cost of $1500 over and above the other miscellaneous operating supplies that are normally purchased out of this line. The PD suggests a budgeted amount for 2013 of $4,700. This represents a $1,800 decrease from the original draft budget. Reduce uniform budget in Parks Maint to 2012 Estimate (pg. 117)(1,000) (1,000) (1,000) (1,000) (1,000) (1,000) y We could reduce this by $1000. We still need to replace uniforms for existing staff on an intermittent basis. Restore 0.2 FTE reduction in Public Works Admin (pg. 123)12,377 12,377 12,377 12,377 12,377 12,377 y - - - - - - *Reduce GF contribution to the Building Maintenance Fund 016 (pg. 133)(20,000) - - - - - The City provides accessible facilities in all public areas except one. The Frances Anderson Center Gymnasium has two locker rooms that need extensive remodeling to meet this requirement. An estimated $150,000 would be needed for this project. - - - - - - - - - - - - - - - - - - - - - - - - Subtotal: (382,453) (30,110) 45,985 (91,515) (91,515) (91,515) Revised Surplus/(Deficit) - General Fund Only 358,953 6,610 6,378 (435,988) (1,022,421) (1,362,082) Budget Changes (Other Funds) Corrections: Additional bond refinance savings (non-GF portion)(43,191) (43,191) (43,191) (43,191) (43,191) (43,191) Y Reduce hotel/motel tax in fund 120 by the amount going to fund 123 (pg. 144) (17,250) (17,250) y Water fund bond proceeds of $4.5M in 2013 (vs. $5.3M in 2012) (pg. 169) 4,500,000 4,500,000 y Sewer/WWTP bond proceeds of $2.0M in 2013 (vs. $3.9M in 2012) (pg. 174) 2,000,000 2,000,000 y Decision Packages (pg. 43): Engineering FTE 95,890 95,890 95,890 95,890 95,890 95,890 y The position will not be charged to the General Fund. Salary and benefit costs will be charged to the Street fund and/or utility funds depending on the projects the individual works on, as recorded on timesheets each pay period. Council amendments: Remove $40,000 from Municipal Arts Fund (117) for senior center art (pg. 142) (40,000) - Reallocate $200,000 budgeted for community garden to diff. project (pg. 149)- - Consider skipping 2013 transfer to Firemen's Pension Fund (617) (pg. 180)(50,000) (50,000) Y Move B fund contribution to 2012 rather than 2013 (pg. 179)(311,000) - SR104 transportation study (pg. 139)150,000 - - *Reduce GF contribution to the Building Maintenance Fund 016 (pg. 133)(20,000) - See above comment on this item. - Total Budget Changes (Other Funds)6,264,449 6,485,449 52,699 52,699 52,699 52,699 *Added to the list on 12/6/2012. Packet Page 90 of 369 Changes to 2013 Proposed Budget (NOT changes to the 2013 budgeted amounts)     Cover, page headings, etc, ‐ Remove the word “Proposed”   Page 1, and all other relevant pages – Change “Parks and Recreation” to “Parks, Recreation and  Cultural Services.”   Page 1, and all other relevant pages – Change “Administrative Services” to “Finance and Information  Services.”   Insert after page 6 – Budget ordinance, including attachments. Update Table of Contents and all  subsequent page numbers.   Page 17, Debt Policies, Practical or Fiscal Limitations – Change bulleted item to say “…should not…”  rather than “…cannot…”   Page 17, Debt Policies, General Debt Policies – Change second bullet to spell out “Local  Improvement District” rather than abbreviating “LID.”   Page 21 – Make correction to Target Ending Fund Balance. This was incorrectly calculated as 16% of  General Fund expenditures. Per the recently adopted Reserve Policy, the target is 16% of revenue,  not expenditures. The revised targets are as follows:  o 2010 ‐ $5,760,949  o 2011 ‐ $5,470,210  o 2012 ‐ $5,449,078  o 2013 ‐ $5,478,299  o 2014 ‐ $5,542,591  o 2015 ‐ $5,616,931  o 2016 ‐ $5,693,285  o 2017 ‐ $5,603,710  Also, make any necessary changes to these targets and the table as a whole for any last minute  changes Council makes to the budget.   Page 25 – Change FTE count for Court in 2013 to 6.5 (rather than 7.0). Decrease total FTE by 0.5 to  195.3. Also, change PW Admin/Facilities for 2013 to “12.3” rather than “13.3” and  Water/Sewer/WWTP from “31.5” to “32.5.”   Page 26 – Add a column to the table on the bottom of the page showing the amount of revenue  (property taxes) received from new construction.   Page 37 – Correct labels on pie chart.   Page 39 – For bar graph at bottom of page insert the data point (dollar amount) for each bar.   Page 41 – In the last paragraph, change the first word from “may” to “many.”   Page 46 – Add “$” where missing for each column and totals.   Page 49 – Replace Council budget narrative with the narrative the Council President distributed at  the October 23rd Budget Workshop.   Page 50 – Add all positions for City Clerk and HR (see hardcopy).   Page 55 – Add a Total line that sums both Personnel and Civil Service below the two tables.   Page 59 – Correct Org Chart to show 4.5 Court Clerks rather than 5.0.   Page 61 – Add a Total line that sums both Court and Probation below the two tables.  Packet Page 91 of 369  Page 62 – Correct graphics on Finance & Information Services Org Chart. One of the three full‐time  positions will be changed to “IT Supervisor” once the recruitment is done and a recommendation is  made to HR.   Page 69 – Correct the description from “Transfer to Fund 116” to read “Transfer to Fund 016.”   Pages 76 and 79 – The Sergeant position eliminated as a result of the VSIP should have been shown  as a reduction in the Patrol division rather than Records Management as was included in the  Proposed Budget. Page 79 will be updated to show the reduction there rather than page 76. No  change to the overall budget for PD.   Page 78 – Update narrative to reflect “five” rather than “six” Sergeants, and “24” rather than “25”  Patrol Officers. Update last sentence on the page to reference the loss of two Patrol Officer  positions and one Sergeant position.   Page 90 – Correct the narrative to state that contributions were not made in 2009 and 2012.   Page 96 – Update Org Chart to reflect reclassification of one of the Associate Planner positions to  Senior Planner, as approved by Council in October 2012.   Page 98 – Second to last sentence of the last paragraph, change “…twice‐monthly to a once‐a‐ month meeting format” to “…twice‐monthly to the equivalent of a once‐a‐month meeting format.”   Page 133 – Change references from “Fund 116” to “Fund 016.” The fund number is being changed  effective with the 2013 budget from 116 to 016.   Page 144 – Change the 2012 Budget and 2012 Estimate for Hotel/Motel taxes from $69,000 for each  to $51,750. This reflects the budget amendment passed by Council in 2012 changing the way  hotel/motel taxes are receipted in to the 120 and 123 Funds.    Page 152 – Remove the last sentence in the budget narrative “contributions may be considered tax  deductible if for “exclusive public purposes.”” The sentence does not apply to this type of fund.  There are no donations to this fund.   Page 164 – Change “insurance recoveries” to “insurance.”   Page 165 – Change header from “LID” to “Local Improvement District.”   Page 169 – Revenue bond proceeds in 2012 Estimate change to $0. $4,500,000 will be budgeted in  2013 instead.   Page 171 – Revenue bond proceeds in 2012 Estimate should be $0.   Page 174 – Revenue bond proceeds in 2012 Estimate change to $0. $2,000,000 will be budgeted in  2013 instead.   Page 180 – Change “beginning cash” and “ending cash” in table to say “beginning balance” and  “ending balance.”   Page 182 – Add the fund number “125” to the left of Edmonds Marsh Feasibility Study and Park  Impact Fee Study line items.   Page 185 – Add to the Non‐Represented list a “Stormwater Engineer Manager” position with the pay  range of $77,738 to $104,176. This was an erroneous omission from the position listing. The position  is already included in the budget, so no budgetary change with this addition.  Packet Page 92 of 369 20 0 1 LT G O  ‐   B Ye a r Fu n d  12 6 F u n d  00 1 F u n d  11 1 F u n d  41 1 T o t a l F u n d  00 1 F u n d  41 4 T o t a l F u n d  12 6 F u n d  126 P F D General  Obligation  Total 20 1 3 B u d g e t 3 0 2 , 2 0 8 5 0 , 7 5 9 2 9 , 0 1 7 2 9 , 0 1 7 4 1 1 , 0 0 0 1 7 3 , 4 0 8 3 4 , 0 6 7 2 0 7 , 4 7 5 8 9 , 0 0 0 5 6 , 5 5 0 3 5 7 , 9 5 0 4 1 4 , 5 0 0 20 1 3 A c t u a l 2 9 8 , 3 8 5 5 0 , 1 1 6 2 8 , 6 4 9 2 8 , 6 4 9 4 0 5 , 8 0 0 1 6 6 , 5 3 3 3 2 , 7 1 7 1 9 9 , 2 5 0 8 1 , 6 2 8 5 2 , 4 6 9 3 3 2 , 1 2 1 3 8 4 , 5 9 0 Sa v i n g s 3 , 8 2 4 6 4 2 36 7 3 6 7 5 , 2 0 0 6 , 8 7 4 1 , 3 5 1 8 , 2 2 5 7 , 3 7 3 4 , 0 8 1 2 5 , 8 2 9 2 9 , 9 1 0 5 0 , 7 0 8 Fu n d  00 1 7 , 5 1 7 Fu n d  11 1 3 6 7 Fu n d  12 6 1 5 , 2 7 7 Fu n d  41 1 3 6 7 Fu n d  41 4 1 , 3 5 1 Fu n d  23 4 2 5 , 8 2 9 50 , 7 0 8 19 9 8  LT G O LT G O  ‐   A LTGO 20 0 1 2002 V: \ B o n d s \ C o p y o f D e b t S c h e d u l e s 2 0 1 2 B u d g e t S a v i n g s S a v i n g s S u m m a r y 10/31/2012 1:27 PM Pa c k e t Pa g e 93 of 36 9 Executive Summary - Current Forecast Changes in Fund Balance 11-Dec-12 City of Edmonds: Strategic Outlook 2010 2011 2012 2013 2014 2015 2016 2017 Actual Actual Estimate Proposed Budget Outlook Outlook Outlook Outlook Beginning Working Capital Balance 6,068,906 8,193,286 8,973,910 9,281,847 9,281,846 9,357,709 8,853,706 7,763,270 REVENUE Property Tax 13,672,873 13,436,557 13,321,904 13,472,494 13,617,996 13,799,945 13,984,706 13,167,327 Retail Sales Tax 4,468,237 4,690,244 4,873,609 4,913,150 5,011,413 5,111,641 5,213,874 5,318,152 Other Sales & Use Tax 547,008 520,527 524,937 529,123 534,501 539,935 545,425 550,972 Utility Tax 5,984,189 6,232,489 6,398,758 6,507,643 6,572,719 6,638,447 6,704,831 6,771,879 Other Taxes 303,114 280,162 271,229 274,466 279,341 284,308 289,368 294,523 Licenses/Permits/Franchise 1,227,302 1,137,177 1,141,582 1,160,181 1,171,712 1,183,359 1,195,121 1,207,002 Construction Permits 415,113 529,120 410,812 395,436 398,890 402,379 405,903 409,462 Grants 209,434 99,685 9,928 17,191 - - - - State Revenues 795,552 714,344 875,378 569,336 584,556 588,417 592,312 596,244 Intergov't Service Charges 184,488 221,343 264,935 224,682 209,147 206,624 208,287 211,331 Interfund Service Charges 1,284,137 1,401,380 1,353,228 1,522,998 1,530,613 1,538,266 1,545,957 1,553,687 Chgs. for Goods & Services 2,914,196 2,458,488 2,310,258 2,399,575 2,440,723 2,483,424 2,527,690 2,573,534 Fines & Forfeits 624,447 690,078 545,442 518,898 530,569 542,507 554,716 567,203 Misc Revenues 1,935,604 409,663 392,466 364,619 373,366 382,332 391,521 400,941 Total Revenue 34,565,693 32,821,257 32,694,466 32,869,792 33,255,547 33,701,584 34,159,713 33,622,257 Revenue Growth / (Decline)3.0% -5.0% -0.4% 0.5% 1.2% 1.3% 2.7% 1.1% EXPENSES Salaries and Wages 12,376,573 12,429,499 13,165,902 12,728,985 13,007,782 13,330,476 13,661,238 13,932,463 Benefits 3,929,193 4,161,662 4,041,325 4,153,714 4,467,181 4,813,291 5,195,850 5,290,780 Supplies 567,263 474,292 515,009 468,094 479,796 491,791 504,086 516,688 Services 4,484,691 3,838,898 3,525,524 3,473,886 3,592,733 3,730,209 3,847,757 4,006,818 Intergov't 8,053,622 8,116,230 8,197,421 8,325,155 8,527,784 8,735,478 8,948,365 9,166,575 Debt Service 1,422,455 1,433,777 1,445,780 1,425,390 1,284,432 1,255,009 1,213,423 218,745 Transfers 2,013,051 612,035 899,623 1,346,535 853,150 858,334 863,656 879,119 Interfund 932,643 974,240 595,946 948,033 966,826 990,997 1,015,772 1,041,166 Total Expenses 33,779,491 32,040,633 32,386,530 32,869,792 33,179,685 34,205,587 35,250,148 35,052,354 Expense Growth / (Decline)2.5% -5.1% 1.1% 1.5% 0.9% 3.1% 3.1% -0.6% Ending Fund Balance 6,855,108 8,973,910 9,281,847 9,281,846 9,357,709 8,853,706 7,763,270 6,333,174 Target Ending Working Capital Balance (1)5,760,949 5,470,210 5,449,078 5,478,299 5,542,591 5,616,931 5,693,285 5,603,710 (1) The Reserve Policy recommends two months (16%) of General Fund revenue be used as a target. Revenue beyond expenses 786,202 780,624 307,936 (0) 75,863 Expenses beyond revenue (504,003) (1,090,436) (1,430,097) Packet Page 94 of 369 Mayor Dave Earling Executive Assistant City Attorney Human Resources Manager City Clerk Human Resources Analyst Deputy City Clerk Accounting Assistant Senior Office Assistant (City Hall Main Receptionist) Public Disclosure/Records Management Specialist (PT) Packet Page 95 of 369 Development Services Rob Chave (Acting) Code Enforcement Officer Administrative Assistant (2 PT) Permit Coordinator II Development Services Tech III Sr. Combination Building Inspector Plans Examiner Building Official Planning Manager Senior Planner Associate Planner (3) Administrative Assistant Packet Page 96 of 369 - 1 - ORDINANCE NO. ____ AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, RELATING TO THE BUDGET FOR FISCAL YEAR COMMENCING JANUARY 1, 2013 AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, on or before the first business day in the third month prior to the beginning of the fiscal year of 2013, the Finance Director submitted to the Mayor the estimates of revenues and expenditures for the next fiscal year as required by law; and, WHEREAS, the Mayor reviewed the estimates and made such revisions and/or additions as deemed advisable and prior to sixty days before January 1, 2013, filed the said revised preliminary budget with the City Clerk together with a budget message, as recommendation for the final budget, and WHEREAS, the City Clerk provided sufficient copies of such preliminary budget and budget message to meet the reasonable demands of taxpayers therefore and published and posted notice of filing and the availability of said preliminary budget together with the date of a public hearing for the purpose of fixing a final budget, all as required by the law, and WHEREAS, the City Council scheduled hearings on the preliminary budget for the purpose of providing information regarding estimates and programs, and WHEREAS, the City Council did meet on November 5, 2012 which was on or before the first Monday of the month next preceding the beginning of the ensuing fiscal year, for the purpose of fixing a final budget at which hearing all taxpayers were heard who appeared for or against any part of said budget, and WHEREAS, following the conclusion of said hearing the City Council made such adoptions and changes as it deemed necessary and proper, NOW, THEREFORE; Packet Page 97 of 369 - 2 - THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Attached hereto and identified as Exhibit A, in summary form, are the totals of estimated revenues and appropriations for each separate fund and the aggregate totals for all such funds combined, and by this reference said Exhibit A is incorporated herein as if set forth in full and the same is hereby adopted in full. The Finance Director is authorized to include year-end cash balances in the final budget document as determined at the close of the fiscal year. Section 2. A complete copy of the final budget for 2013, as adopted, together with a copy of this adopting ordinance shall be transmitted by the City Clerk to the Division of Municipal Corporations of the Office of the State Auditor and to the Association of Washington Cities. Section 3. This ordinance is a legislative act delegated by statute to the City Council of the City of Edmonds, is not subject to referendum and shall take effect January 1, 2013. APPROVED: _____________________________ MAYOR, DAVE EARLING ATTEST/AUTHENTICATE: _______________________________ CITY CLERK, SANDRA S. CHASE APPROVED AS TO FORM OFFICE OF THE CITY ATTORNEY: BY ____________________________ CITY ATTORNEY Packet Page 98 of 369 - 3 - FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. ____ Packet Page 99 of 369 - 4 - SUMMARY OF ORDINANCE NO. ____ of the City of Edmonds, Washington On the 20th day of November, 2012, 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, RELATING TO THE BUDGET FOR FISCAL YEAR COMMENCING JANUARY 1, 2013 AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this 20th day of November, 2012. CITY CLERK, SANDRA S. CHASE Packet Page 100 of 369 DIFFERENCE REVENUE EXPENDITURES (REV - EXP)* 001 GENERAL FUND 32,869,792$ 32,869,792$ -$ 009 LEOFF-MEDICAL INS. RESERVE SUBFUND 600,350 619,400 (19,050) 011 RISK MANAGEMENT RESERVE SUBFUND 418,200 661,000 (242,800) 012 CONTINGENCY RESERVE SUBFUND 123,223 - 123,223 016 BUILDING MAINTENANCE SUBFUND 56,900 35,000 21,900 Total General Fund 34,068,465 34,185,192 (116,727) 104 DRUG ENFORCEMENT FUND 20,175 80,033 (59,858) 111 STREET FUND 1,406,800 1,558,082 (151,282) 112 COMBINED STREET CONST/IMPROVE 6,223,755 6,254,984 (31,229) 117 MUNICIPAL ARTS ACQUIS. FUND 59,891 130,600 (70,709) 118 MEMORIAL STREET TREE 27 - 27 120 HOTEL/MOTEL TAX REVENUE FUND 70,120 68,500 1,620 121 EMPLOYEE PARKING PERMIT FUND 18,120 26,726 (8,606) 122 YOUTH SCHOLARSHIP FUND 2,025 4,000 (1,975) 123 TOURISM PROMOTIONAL FUND/ARTS 19,000 19,000 - 125 PARK ACQ/IMPROVEMENT 650,600 964,000 (313,400) 126 SPECIAL CAPITAL FUND 650,600 677,382 (26,782) 127 GIFTS CATALOG FUND 20,483 20,020 463 129 SPECIAL PROJECTS FUND 14,700 14,700 - 130 CEMETERY MAINTENANCE/IMPROV 119,950 152,761 (32,811) 132 PARKS CONSTRUCTION 1,869,500 1,887,500 (18,000) 136 PARKS TRUST FUND 228 - 228 137 CEMETERY MAINTENANCE TRUST FD 14,600 - 14,600 138 SISTER CITY COMMISSION 3,517 4,600 (1,083) 139 TRANSPORTATION BENEFIT DISTRICT 645,000 645,000 - Total Special Revenue Funds 11,809,091 12,507,888 (698,797) 211 LID FUND CONTROL 22,130 22,130 - 213 LID GUARANTY FUND 22,230 - 22,230 234 LTGO BOND DEBT SERVICE FUND 414,500 414,500 - Total Debt Service Funds 458,860 436,630 22,230 421 WATER UTILITY FUND 6,125,680 9,164,888 (3,039,208) 422 STORM UTILITY FUND 3,486,716 4,439,175 (952,459) 423 SEWER/WWTP UTILITY FUND 9,020,123 16,822,996 (7,802,873) Total Enterprise Funds 18,632,519 30,427,059 (11,794,540) In t e r n a l Se r v i c e F u n d s 511 EQUIPMENT RENTAL FUND 1,361,972 1,042,840 319,132 Fi d u c i a r y Fu n d s 617 FIREMEN'S PENSION FUND 95,400 108,790 (13,390) Totals 66,426,307$ 78,708,399$ (12,282,092)$ * Amount represents a contribution to or (use of) fund balance. En t e r p r i s e Fu n d s Fund EXHIBIT "A" 2013 BUDGET SUMMARY BY FUND Ge n e r a l F u n d Sp e c i a l R e v e n u e F u n d s De b t S e r v i c e Fu n d s Packet Page 101 of 369 CORRECTIONS, REVISED CORRECTIONS, REVISED ADJUSTMENTS REVENUE ADJUSTMENTS EXPENDITURES DIFFERENCE REVENUE DECISION PKGS BUDGET EXPENDITURES DECISION PKGS BUDGET (REV - EXP)* 001 GENERAL FUND 32,869,792$ -$ 32,869,792$ 32,869,792$ -$ 32,869,792$ -$ 009 LEOFF-MEDICAL INS. RESERVE SUBFUND 600,350 600,350 619,400 619,400 (19,050) 011 RISK MANAGEMENT RESERVE SUBFUND 418,200 418,200 661,000 661,000 (242,800) 012 CONTINGENCY RESERVE SUBFUND 123,223 123,223 - - 123,223 016 BUILDING MAINTENANCE SUBFUND 56,900 56,900 35,000 35,000 21,900 Total General Fund 34,068,465 - 34,068,465 34,185,192 - 34,185,192 (116,727) 104 DRUG ENFORCEMENT FUND 20,175 20,175 80,033 80,033 (59,858) 111 STREET FUND 1,406,800 1,406,800 1,558,082 - 1,558,082 (151,282) 112 COMBINED STREET CONST/IMPROVE 6,223,755 6,223,755 6,254,984 6,254,984 (31,229) 117 MUNICIPAL ARTS ACQUIS. FUND 59,891 59,891 130,600 - 130,600 (70,709) 118 MEMORIAL STREET TREE 27 27 - - 27 120 HOTEL/MOTEL TAX REVENUE FUND 70,120 70,120 68,500 68,500 1,620 121 EMPLOYEE PARKING PERMIT FUND 18,120 18,120 26,726 26,726 (8,606) 122 YOUTH SCHOLARSHIP FUND 2,025 2,025 4,000 4,000 (1,975) 123 TOURISM PROMOTIONAL FUND/ARTS 19,000 19,000 19,000 19,000 - 125 PARK ACQ/IMPROVEMENT 650,600 650,600 964,000 964,000 (313,400) 126 SPECIAL CAPITAL FUND 650,600 650,600 677,382 - 677,382 (26,782) 127 GIFTS CATALOG FUND 20,483 20,483 20,020 20,020 463 129 SPECIAL PROJECTS FUND 14,700 14,700 14,700 14,700 - 130 CEMETERY MAINTENANCE/IMPROV 119,950 119,950 152,761 152,761 (32,811) 132 PARKS CONSTRUCTION 1,869,500 1,869,500 1,887,500 1,887,500 (18,000) 136 PARKS TRUST FUND 228 228 - - 228 137 CEMETERY MAINTENANCE TRUST FD 14,600 14,600 - - 14,600 138 SISTER CITY COMMISSION 3,517 3,517 4,600 4,600 (1,083) 139 TRANSPORTATION BENEFIT DISTRICT 645,000 645,000 645,000 645,000 - Total Special Revenue Funds 11,809,091 - 11,809,091 12,507,888 - 12,507,888 (698,797) 211 LID FUND CONTROL 22,130 22,130 22,130 22,130 - 213 LID GUARANTY FUND 22,230 22,230 - - 22,230 234 LTGO BOND DEBT SERVICE FUND 414,500 414,500 414,500 - 414,500 - Total Debt Service Funds 458,860 - 458,860 436,630 - 436,630 22,230 421 WATER UTILITY FUND 6,125,680 6,125,680 9,164,888 - 9,164,888 (3,039,208) 422 STORM UTILITY FUND 3,486,716 3,486,716 4,439,175 - 4,439,175 (952,459) 423 SEWER/WWTP UTILITY FUND 9,020,123 9,020,123 16,822,996 - 16,822,996 (7,802,873) Total Enterprise Funds 18,632,519 - 18,632,519 30,427,059 - 30,427,059 (11,794,540) In t e r n a l Se r v i c e F u n d s 511 EQUIPMENT RENTAL FUND 1,361,972 - 1,361,972 1,042,840 1,042,840 319,132 Fi d u c i a r y Fu n d s 617 FIREMEN'S PENSION FUND 95,400 - 95,400 108,790 108,790 (13,390) Totals 66,426,307$ -$ 66,426,307$ 78,708,399$ -$ 78,708,399$ (12,282,092)$ * Amount represents a contribution to or (use of) fund balance. De b t S e r v i c e Fu n d s En t e r p r i s e Fu n d s EXHIBIT "B" 2013 BUDGET RECONCILIATION BY FUND Fund Ge n e r a l F u n d Sp e c i a l R e v e n u e F u n d s Packet Page 102 of 369 2013 Proposed Budget  City of Edmonds, Washington  43   DECISION PACKAGES    Budget  Year General Water  Utility Storm  Utility Sewer  Utility Decision Package Duration 2013 001 421 422 423 Council None Mayor None Municipal Court None Admin Services Diverse  Fiber Route  to Hwy 99 One  Time 60,000   60,000    Fiber Optic Customer Development One  Time 40,000   40,000    Police None Community Services/ Econ. Development None Development Services None Parks & Rec PROS Plan One  Time 125,000 125,000  Public Works Engineering FTE Ongoing 95,890   31,963   31,963     31,963    Grand Total 320,890 225,000 31,963   31,963     31,963    2013 Proposed Budget Decision Packages Fund        Packet Page 103 of 369 Fund Number: Department Number: Cost Center Number: Decision Package Title: Preparer: Ranking: Budget Year Requested:2013 If ongoing costs, please put an " X " in the Ongoing Column Expenditure Costs Ongoing 2013 2014 2015 2016 2017 Salaries (11)- - - - Overtime (12)- - - - Benefits (23)- - - - Uniforms (24)- - - - Supplies (31)- - - - Small equip (35)$20,000 - - - - Prof. Services (41)- - - - Communication (42)- - - - Travel (43)- - - - Advertising (44)- - - - Rental/Lease (45)- - - - Repair/Maint (48)- - - - Miscellaneous - - - - Capital Equipment (64)$40,000 - - - - Other:- - - - Total Expenses 60,000$ -$ -$ -$ -$ Program Description: Sources (Revenues) for this decision package are from: Decision Package Request Form Diverse Fiber Route to Highway 99 Carl Nelson Currently the City uses redundant copper based PRIs to provide reliable phone service.  To replace   the copper phone service  with a fiber based  lower cost service also requires the City to have a  second fiber path from downtown to the Public Works facility on  99and 210th Street.  In addition to providing reliable phone service the reliability of connectivity is assured for Police,  theWaste Water Treatment Plant, Public works, and other City service that use, and demand,  reliable high availability internet connectivity.   When the New World computer aided dispatch  system comes on‐line in 2013‐2014 high reliability internet will be essential for day to day  operations. Having the diverse route also opens up the possibility for the City to consider avoiding updating  and replacing its data center in the future with Cloud services from other governmental entities. Upon completion of the route, $18,000/yr savings by displacing copper telephone service. Packet Page 104 of 369 As part of a multi‐year process to complete the route an estimate is being prepared for  constructing the second path from City Park to Hiway 99.  To help set expectations, the  approximate distance from is  18,000 to 22,000 feet.   If most of this run can be accomplished  above ground for $10 per foot (PUD offered to help the City 2 years ago and quoted $5/ft as a  favor to the City).   Getting fiber from City Park to the Cemetry is the first step of a multiyear  effort to complete the diverse route  to HiWay 99. It is estimated that  the cost to get to the  Cemetry from City Park would be  $40,000.  The hardware/software to support extension of the  diverse route is estimated to be about a $20,000 one time expenditure. Packet Page 105 of 369 Fund Number: Department Number: Cost Center Number: Decision Package Title: Preparer: Ranking: Budget Year Requested:2013 If ongoing costs, please put an " X " in the Ongoing Column Expenditure Costs Ongoing 2013 2014 2015 2016 2017 Salaries (11)- - - - Overtime (12)- - - - Benefits (23)- - - - Uniforms (24)- - - - Supplies (31)- - - - Small equip (35)5,000 5,000 - - - Prof. Services (41)25,000 25,000 - - - Communication (42)- - - - Travel (43)- - - - Advertising (44)- - - - Rental/Lease (45)- - - - Repair/Maint (48)5,000 5,000 - - - Miscellaneous - - - - Capital Equipment (64)5,000 5,000 - - - Other:- - - - Total Expenses 40,000$ 40,000$ -$ -$ -$ Program Description: Sources (Revenues) for this decision package are from: Decision Package Request Form Fiber Optic Customer Development Carl Nelson Identify, develop, and sign customers for use of the City of Edmonds excess fiber optic capacity.   Hire a consultant to find 10‐20 new customers  in the next 2 years who will  generate a range of  $250‐$700/mo in revenue ($30,000 to $120,000 per year total) by the City providing internet  and other services to them. From a previous study of businesses in the Edmonds area close to where fiber is located (see  attached map) potential customers were identified (blue columns in map below).  Additionally, using an industry average  per connection cost estimate of $1,500 from the City's  RFI in 2007 and assuming  an average of 25 contact hours  per customer to get them to signing  and an equivalent number of hours for construction/provision of service to the customer,   results in an estimate for 20 potential customers of of about 1000 hours of  "staff" or consultant  time.  Therefore,  a proposed budget  over a 2 yr period of $50,000 for 1000 hours of consultant  time @$50/hr and  $30,000 over that same time to establish service .  Current and Future ISP services to Edmonds Fiber & Data Services (FIDA) customers. Packet Page 106 of 369 Packet Page 107 of 369 Fund Number: Department Number: Cost Center Number: Decision Package Title: Preparer: Ranking: 1 Budget Year Requested:2013 If ongoing costs, please put an " X " in the Ongoing Column Expenditure Costs Ongoing 2013 2014 2015 2016 2017 Salaries (11)- - - - Overtime (12)- - - - Benefits (23)- - - - Uniforms (24)- - - - Supplies (31)- - - - Small equip (35)- - - - Prof. Services (41)125,000 - - - - Communication (42)- - - - Travel (43)- - - - Advertising (44)- - - - Rental/Lease (45)- - - - Repair/Maint (48)- - - - Miscellaneous - - - - Capital Equipment (64)- - - - Other:- - - - Total Expenses 125,000$ -$ -$ -$ -$ Program Description: Sources (Revenues) for this decision package are from: Decision Package Request Form 1 640.574.100 PROS plan update Carrie Hite The current Park Recreation and Open Space Plan expires in May, 2014.  This comprehensive  plan is  mandated under the State of Washington in order to be eligible for any outside grant  funding for parks.  This plan will take 6‐8 months to complete, therefore, it would be prudent to  start the process in Fall 2013.  This planning activity is not eligible for funding from REET, as it is  a comprehensive plan for all parks. To qualify for the use of REET funding, the "planning" has to  be directly associated with a specific capital project.  General Fund Packet Page 108 of 369 Fund Number: Department Number: Cost Center Number: Decision Package Title: Preparer: Ranking: Budget Year Requested:2013 Fund 412 - Combined Utility C412 Capital Utility Funds and 112 Street Capital Funds If ongoing costs, please put an " X " in the Ongoing Column Expenditure Costs Ongoing 2013 2014 2015 2016 2017 Salaries (11)X 70,000 73,500 77,175 81,034 85,085 Overtime (12)- - - - Benefits (23)X 23,730 24,917 26,162 27,470 28,844 Uniforms (24)X 120 124 127 131 135 Supplies (31)- - - - Small equip (35)1,200 - - - - Prof. Services (41)- - - - Communication (42)X 840 865 891 918 945 Travel (43)- - - - Advertising (44)- - - - Rental/Lease (45)- - - - Repair/Maint (48)- - - - Miscellaneous - - - - Capital Equipment (64)- - - - Other:- - - - Total Expenses 95,890$ 99,405$ 104,356$ 109,553$ 115,010$ Program Description: Sources (Revenues) for this decision package are from: Decision Package Request Form 001.000 620 532.200 Engineering FTE Rob English This decision package is for a new position in the Engineering Division to manage and inspect  capital improvement projects funded by the 412 Utility Fund and the 112 Street Fund.   Fund 412 Combined Utility Construction Improvement Funds and Fund 112 Transportation Packet Page 109 of 369    AM-5328     10. A.              City Council Meeting and Committee Meetings Meeting Date:12/11/2012 Time:15 Minutes   Submitted By:Stephen Clifton Department:Community Services Committee: Finance Type: Information Information Subject Title Draft Proposed Cable Franchise Agreement between the City of Edmonds, Washington and Comcast of Washington LLC and Comcast of California/Colorado/Washington I, Inc. Recommendation No recommendation at this time.  A draft proposed cable franchise between the City of Edmonds and Comcast of Washington LLC and Comcast of California/Colorado/Washington I, Inc. (“Comcast”) is being provided to the City Council Finance Committee to provide an opportunity to ask questions prior a City staff report and draft ordinance granting a non-exclusive franchise to Comcast being placed on the December 18, 2012 City Council meeting.   Previous Council Action Narrative Comcast of Washington LLC and Comcast of California/Colorado/Washington I, Inc. (“Comcast”) seeks to continue providing cable television service, utilizing a Hybrid Fiber Coax Cable System, to City (“City”) residents, businesses and institutions in competition with the existing cable television operator serving the City. In order to do so, Comcast and the City must first execute a cable franchise agreement. As such, Comcast has requested, from the City, a franchise to continue operating and providing cable television service within the City. Attached for your review, is a draft Cable Franchise Agreement between the City of Edmonds and Comcast of Washington LLC and Comcast of California/Colorado/Washington I, Inc. (“Franchise Agreement”).  Currently, the City is served by two cable television operators, and various satellite cable providers that are not required to operate under a franchise agreement. Negotiations between Comcast and the City have resulted in a Franchise Agreement that contains a number of provisions designed to serve the interests of the City and its residents. Awarding this Franchise Agreement to Comcast will afford the residents, businesses and institutions located within the City, a choice of more than one provider of cable service.  Background:  With a record of successfully negotiating a Comcast franchise agreement template, several members of the North Puget Sound Consortium formed a different Consortium for the purposes of negotiating franchise agreements with Comcast. Jurisdictions invited to participate included: Snohomish County, the Cities of Bothell, Carnation, Edmonds, Kenmore, Lake Forest Park, Mercer Island, Shoreline, Woodinville, and the Town of Woodway. Benefits of a coordinated effort included: ensuring that the public receives the maximum rights and benefits from their respective franchise agreements; better coordination of negotiations with Comcast; sharing the costs of negotiations including hiring a national consultant and attorneys to assure the citizens of each jurisdiction that their franchise is competitive, both locally and nationally; and creating a common template and negotiation strategy through the assistance of a national consultant and attorneys to maximize leverage during the negotiations. As referenced in past correspondence, the Comcast Franchise expired on April 26, 2011. Although City staff was prepared to meet with Ogden Murphy Wallace and Comcast as needed to finalize renewal of the franchise, a change in legal counsel for the City altered the timetable for completing the review. I have been working with Michael R. Bradley, Bradley & Guzzetta, LLC (a Lighthouse Law Group subcontractor) to finalize a draft franchise agreement using the above consortium agreed upon Packet Page 110 of 369 template, albeit tailored to meet the needs of Edmonds.  NOTE: It’s possible to have the franchise agreement expire but still have a franchisee continue paying revenue to a City while operating. Comcast has been paying, and continues to pay, franchise fees to the City of Edmonds in the absence of a renewed franchise agreement.     The draft franchise agreement is 57 pages. In order to provide the City Council a sufficient amount of time to review the document, I provided the draft agreement to Council members on November 7, 2012. Since that time, I have responded to questions raised by Council members.  As mentioned under Recommendation above, a draft proposed cable franchise between the City of Edmonds and Comcast is being provided to the City Council Finance Committee to provide an opportunity to ask questions prior a staff report and draft ordinance granting a non-exclusive franchise to Comcast being placed on the December 18, 2012 City Council meeting.  Attachments Final Draft Franchise Agreement Form Review Inbox Reviewed By Date City Clerk Sandy Chase 12/07/2012 08:26 AM Mayor Sandy Chase 12/07/2012 09:40 AM Finalize for Agenda Sandy Chase 12/07/2012 09:42 AM Form Started By: Stephen Clifton Started On: 12/06/2012 08:45 PM Final Approval Date: 12/07/2012  Packet Page 111 of 369 CALBE FRANCHISE AGREEMENT Between EDMONDS, WASHINGTON And COMCAST OF WASHINGTON LLC And COMCAST OF CALIFORNIA/COLORADO/WASHINGTON I, Inc. 2012 Packet Page 112 of 369 City of Edmonds - Comcast Cable Franchise Agreement i TABLE OF CONTENTS Page SECTION 1. Definition of Terms ........................................................................................3 1.1 “Access” ...................................................................................................... 3 1.2 “Access Channel” ....................................................................................... 3 1.3 “Affiliate” ................................................................................................... 3 1.4 “Bad Debt” .................................................................................................. 3 1.5 “Basic Service” ........................................................................................... 3 1.6 “Cable Act” ................................................................................................. 3 1.7 “Cable Operator” ........................................................................................ 4 1.8 “Cable Service(s)” ...................................................................................... 4 1.9 “Cable System” ........................................................................................... 4 1.10 “Channel” .................................................................................................... 4 1.11 “City” .......................................................................................................... 4 1.12 “Control” ..................................................................................................... 4 1.13 “Dwelling Units” ........................................................................................ 4 1.14 “FCC” ......................................................................................................... 4 1.15 “Franchise” ................................................................................................. 4 1.16 “Franchise Area” ......................................................................................... 5 1.17 “Gross Revenues” ....................................................................................... 5 1.18 Locally Scheduled Original Programming ……………………………….6 1.19 “Person” ...................................................................................................... 6 1.20 “Public Rights-of-Way” or “Rights-of-Way” ............................................. 6 1.21 “School” ...................................................................................................... 7 1.22 “State” ......................................................................................................... 7 1.23 “Subscriber” or “Customer” ....................................................................... 7 SECTION 2. Grant of Authority ..........................................................................................8 2.1 Grant ........................................................................................................... 8 2.2 Grant of Authority....................................................................................... 8 2.3 Franchise Subject to Federal, State and Local Law .................................... 8 2.4 Use of Rights of Way for non-Cable Service ............................................. 8 2.5 No Rights by Implication ............................................................................ 8 2.6 Conveyance of Rights ................................................................................. 9 2.7 No Waiver ................................................................................................... 9 2.8 Other Ordinances ........................................................................................ 9 2.9 Term of Franchise ....................................................................................... 9 2.10 Effective Date. ............................................................................................ 9 2.11 Effect of Acceptance ................................................................................. 10 2.12 Reservation of Authority........................................................................... 10 Packet Page 113 of 369 City of Edmonds - Comcast Cable Franchise Agreement ii 2.13 Grant Not Exclusive .................................................................................. 10 2.14 Grant of Other Franchises; Competitive Equity ....................................... 10 2.15 Conditions of Sale ..................................................................................... 11 2.16 Transfer upon Revocation ......................................................................... 11 2.17 Police Powers ............................................................................................ 11 SECTION 3. Construction and Maintenance of the Cable System ...................................12 3.1 Permits and General Obligations .............................................................. 12 3.2 Conditions on Occupancy of Public Rights-of-Way. ............................... 12 3.3 Safety Requirements ................................................................................. 13 3.4 Aerial and Underground Construction ...................................................... 13 3.5 Work of Contractors and Subcontractors .................................................. 14 3.6 Construction and Maintenance. ................................................................ 15 3.7 One Call Notification ................................................................................ 15 3.8 Rights-of-Way Vacation ........................................................................... 15 3.9 Standards ................................................................................................... 16 3.10 Stop Work ................................................................................................. 16 3.11 Joint Trenching/Boring ............................................................................. 17 3.12 GIS Mapping ............................................................................................. 17 3.13 Trimming of Trees and Shrubbery.. .......................................................... 17 3.15 Reservation of Rights-of-Way .................................................................. 17 3.16 Inspection of Facilities .............................................................................. 17 3.17 Private Property ........................................................................................ 17 SECTION 4. Service Obligations ......................................................................................19 4.1 General Service Obligation ....................................................................... 19 4.2 Complimentary Cable Service .................................................................. 19 4.3 Obscenity .................................................................................................. 20 4.4 Services for the Disabled .......................................................................... 20 4.5 Parental Control Device ............................................................................ 20 4.6 No Discrimination ..................................................................................... 20 4.7 New Developments ................................................................................... 20 SECTION 5. Rates, Fees, Charges and Deposits...............................................................21 5.1 Rate Regulation ......................................................................................... 21 5.2 No Rate Discrimination ............................................................................ 21 5.3 Low Income Discount ............................................................................... 21 5.4 Leased Access Channel Rates …………………………………………...21 5.5 Late Fees ................................................................................................... 21 SECTION 6. Customer Service .........................................................................................22 Packet Page 114 of 369 City of Edmonds - Comcast Cable Franchise Agreement iii 6.1 Customer Service Standards ..................................................................... 22 6.2 Privacy Protection ..................................................................................... 22 SECTION 7. Oversight and Regulation.............................................................................23 7.1 Franchise Fees ........................................................................................... 23 7.2 Payments ................................................................................................... 23 7.3 Additional Compensation ......................................................................... 23 7.4 Quarterly Reports ...................................................................................... 23 7.5 Interest Charge on Late Payments ............................................................ 23 7.6 No Release ................................................................................................ 23 7.7 No Limitation on Taxing Authority .......................................................... 24 7.8 Additional Commitments Not Franchise Fees .......................................... 24 7.9 Franchise Fee Audit. ................................................................................. 24 7.10 Bundled Services ...................................................................................... 25 7.11 Maintenance of Books, Records, and Files. .............................................. 25 7.12 Performance Evaluations .......................................................................... 27 SECTION 8. Transfer or Renewal of Franchise ................................................................28 8.1 Franchise Transfer .................................................................................... 28 8.2 Renewal of Franchise. ............................................................................... 30 SECTION 9. Insurance and Indemnity ..............................................................................31 9.1 Insurance Requirements. ........................................................................... 31 9.2 Alternative Insurance.. .............................................................................. 32 9.3 Verification of Coverage........................................................................... 32 9.4 Indemnification. ........................................................................................ 32 9.5 Security ..................................................................................................... 33 SECTION 10. System Description and System Facilities .................................................35 10.1 System Description ................................................................................... 35 10.2 Technological Improvements.................................................................... 35 10.3 Technical Requirement ............................................................................. 35 10.4 Cable System Performance Testing .......................................................... 35 10.5 Additional Tests ........................................................................................ 35 10.6 Standby Power .......................................................................................... 36 10.7 Emergency Alert System .......................................................................... 36 SECTION 11. Educational and Governmental Access......................................................37 11.1 Access Channels ....................................................................................... 37 11.2 Change in Cable System Technology ....................................................... 37 11.3 Triggers for Additional Access Channel................................................... 37 11.4 Management and Control of Access Channels ......................................... 37 Packet Page 115 of 369 City of Edmonds - Comcast Cable Franchise Agreement iv 11.5 Underutilized Access Channels ................................................................ 38 11.6 Access Channel Location .......................................................................... 38 11.7 Support for Access .................................................................................... 38 11.8 Return Connectivity. ................................................................................. 39 11.9 Interconnection with Edmonds Community College. ............................... 39 SECTION 12. Enforcement of Franchise ..........................................................................40 12.1 Notice of Violation or Default .................................................................. 40 12.2 Grantee’s Right to Cure or Respond ......................................................... 40 12.3 Meeting.. ................................................................................................... 40 12.4 Options Following Meeting ...................................................................... 40 SECTION 13. Liquidated Damages ..................................................................................41 13.1 Liquidated Damages ................................................................................. 41 13.2 Recovery of Amounts ............................................................................... 41 13.3 Cumulative Rights .................................................................................... 41 SECTION 14. Termination of Franchise ...........................................................................42 14.1 Revocation ................................................................................................ 42 14.2 Grantee Without Fault............................................................................... 42 14.3 Revocation Notice ..................................................................................... 42 14.4 Revocation Hearing .................................................................................. 42 14.5 Findings and Conclusions ......................................................................... 43 14.6 Appeal.. ..................................................................................................... 43 14.7 Enforcement in Lieu of Revocation .......................................................... 43 14.8 Technical Violation ................................................................................... 43 SECTION 15. Miscellaneous Provisions ...........................................................................44 15.1 Authority and Changes in the Law ........................................................... 44 15.2 Actions of Parties ...................................................................................... 44 15.3 Amendments ............................................................................................. 44 15.4 Application Fee. ........................................................................................ 44 15.5 Attorneys’ Fees ......................................................................................... 44 15.6 Binding Acceptance .................................................................................. 44 15.7 Captions .................................................................................................... 44 15.8 Costs to be Borne by Grantee ................................................................... 44 15.9 Counterparts .............................................................................................. 44 15.10 Entire Franchise ...................................................................................... 45 15.11 Force Majeure ......................................................................................... 45 15.12 Governing Law ....................................................................................... 45 15.13 Equal Employment Opportunity. ............................................................ 45 Packet Page 116 of 369 City of Edmonds - Comcast Cable Franchise Agreement v 15.14 Modification ........................................................................................ 45 15.15 No Joint Venture ................................................................................. 45 15.16 Notices ................................................................................................. 46 15.17 No Third-Party Beneficiaries .............................................................. 46 15.18 Reservation of Rights .......................................................................... 46 15.19 Preemption .......................................................................................... 46 15.20 Recitals ................................................................................................ 46 15.21 Severability ......................................................................................... 46 15.22 Venue .................................................................................................. 47 15.23 Waiver ................................................................................................. 47 15.24 Independent Review; Construction ..................................................... 47 Signature Page …………………………………………………………………………..47 Exhibit A FCC Customer Service Standards ....................................................................49 Exhibit B City of Edmonds Public Buildings…………………………………………..50 Exhibit C Educational Facilities………………………………………………………...51 Packet Page 117 of 369 City of Edmonds – Comcast Cable Franchise Agreement 1 Cable Franchise Agreement This Cable Franchise (hereinafter, the “Franchise”) is entered into by and between the City of Edmonds (hereinafter, “the City”) and Comcast of Washington, LLC, and Comcast of California/Colorado/Washington I, Inc., corporations duly organized under the applicable laws of the State of Washington (hereinafter, “Grantee”). WHEREAS, The Grantee is operating under two separate legal entities, both Comcast of Washington, LLC and Comcast of California/Colorado/Washington I, Inc are hereby served under this one Franchise and they shall together be referred to herein as “Grantee”. WHEREAS, the City wishes to grant Grantee a nonexclusive franchise to construct, install, maintain, extend and operate a cable communications system in the Franchise Area as designated in this Franchise; WHEREAS, the City is a “franchising authority” in accordance with Title VI of the Cable Act (see 47 U.S.C. §522(10)) and Washington State law; WHEREAS, the Grantee has installed a Hybrid Fiber Coax Cable System that occupies the Rights-of-Way within the Franchise Area, and Grantee desires to use the Hybrid Fiber Coax Cable System to provide Cable Services (as hereinafter defined) in the Franchise Area; WHEREAS, the City has identified the future cable-related needs and interests of the City, has considered the financial, technical and legal qualifications of Grantee, and has determined that Grantee’s Cable System is adequate, in a full public proceeding affording due process to all parties; WHEREAS, the City desires to protect and manage the Rights-of-Way, require standards of customer service, receive financial compensation for Grantee's use of the Rights-of- Way as provided by federal law, obtain complimentary Cable Services for public buildings, obtain use of educational and governmental channels, establish certain reporting and record access requirements, and provide for the future cable-related needs of its residents; WHEREAS, the City has determined that the renewal of a nonexclusive cable franchise to Grantee is consistent with the public interest; and WHEREAS, the City and Grantee have reached agreement on the terms and conditions set forth herein and the parties have agreed to be bound by those terms and conditions. NOW, THEREFORE, in consideration of the City’s renewal of a franchise to Grantee, Grantee’s promise to provide Cable Service to residents of the Franchise Area pursuant to and consistent with the Cable Act (as hereinafter defined), the promises and undertakings herein, and other good and valuable consideration, the receipt and the adequacy of which are hereby acknowledged, Packet Page 118 of 369 City of Edmonds – Comcast Cable Franchise Agreement 2 THE SIGNATORIES DO HEREBY AGREE AS FOLLOWS: The City, having determined that the financial, legal, and technical ability of Grantee is reasonably sufficient to provide the services, facilities, and equipment necessary to meet the future cable-related needs of the community, desires to enter into this Franchise with Grantee for the construction, operation and maintenance of a Cable System on the terms and conditions set forth herein. Packet Page 119 of 369 City of Edmonds – Comcast Cable Franchise Agreement 3 SECTION 1. Definition of Terms For the purpose of this Franchise, capitalized terms, phrases, words, and abbreviations shall have the meanings ascribed to them herein. The word "shall" is always mandatory and not merely directory. 1.1 “Access” means the availability for noncommercial use by various educational and governmental agencies, institutions and organizations in the community, including the City and its designees, of Channels on the Cable System designated for such use as permitted under applicable law: (A) “Educational Access” means Access where Schools are the primary users having editorial control over programming. (B) “Governmental Access” means Access where governmental institutions or their designees are the primary users having editorial control over programming. (C) “Educational and Governmental Access” or “EG Access” means the availability for noncommercial use of a Channel or Channels on the Cable System by various governmental and educational agencies including the City and its designees. 1.2 “Access Channel” means any Channel, or portion thereof, designated for noncommercial Access purposes or otherwise made available to facilitate or transport Access programming. 1.3 “Affiliate” means, when used in connection with Grantee, any Person who owns or controls, is owned by or controlled by, or is under common ownership or control with Grantee. 1.4 “Bad Debt” means amounts lawfully owed by a Subscriber and accrued as revenue on the books of Grantee, but not collected after reasonable efforts by Grantee. 1.5 “Basic Service” means, at a minimum, all signals of domestic television broadcast stations provided to any Subscriber (except a signal secondarily transmitted by satellite carrier beyond the local Franchise Area of such station, regardless of how such signal is ultimately received by the Cable System), any educational and governmental programming required by federal law to be carried on the Basic Service Tier, and any additional Video Programming signals and service voluntarily added to the Basic Service Tier by the Cable Operator. 1.6 “Cable Act” means the Cable Communications Policy Act of 1984, as amended by the Cable Television Consumer Protection and Competition Act of 1992, and as amended by the Telecommunications Act of 1996, and any amendments thereto, 47 U.S.C. § 521 et. seq. Packet Page 120 of 369 City of Edmonds – Comcast Cable Franchise Agreement 4 1.7 “Cable Operator” means any Person or group of Persons, including Grantee, who provide Cable Service over a Cable System and directly or through one or more Affiliates own a significant interest in such Cable System or who otherwise Control or are responsible for, through any arrangement, the management and operation of such a Cable System. 1.8 “Cable Service(s)” means (1) the one-way transmission to Subscribers of (a) video programming, or (b) other programming service, and (2) Subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service, 47 U.S.C. § 522(6). 1.9 “Cable System” means Grantee’s facility, consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide Cable Service which includes video programming and that is provided to multiple Subscribers within a community, but such term does not include (1) a facility that serves only to retransmit the television signals of one or more television broadcast stations; (2) a facility that serves Subscribers without using any public right-of-way; (3) a facility of a common carrier that is subject, in whole or in part, to the provisions of Title II of the federal Communications Act (47 U.S.C. § 201 et seq.), except that such facility shall be considered a cable system (other than for purposes of 47 U.S.C. § 541(c) to the extent such facility is used in the transmission of video programming directly to Subscribers, unless the extent of such use is solely to provide interactive on-demand services; (4) an open video system that complies with § 653 of the Cable Act; or (5) any facilities of any electric utility used solely for operating its electric utility systems, 47 U.S.C. Sec. 522 (7). When used herein, the term “Cable System” shall mean Grantee’s Cable System in the Franchise Area. 1.10 “Channel” means a portion of the electromagnetic frequency spectrum which is used in a Cable System and which is capable of delivering a television channel, whether delivered in an analog or digital format. 1.11 “City” means the City of Edmonds, Washington, a municipal corporation. 1.12 “Control” means the ability to exercise de facto or de jure control over day-to- day policies and operations or the management of Grantee’s affairs. 1.13 “Dwelling Units” means any building or portion thereof that has independent living facilities, including provisions for cooking, sanitation and sleeping, and that is designed for residential occupancy. 1.14 “FCC” means the Federal Communications Commission or successor governmental entity thereto. 1.15 “Franchise” means this document and any amendments or modifications hereto. Packet Page 121 of 369 City of Edmonds – Comcast Cable Franchise Agreement 5 1.16 “Franchise Area” means the area within the present legal boundaries of the City as of the Effective Date, and shall also include any additions thereto, by annexation or other legal means. 1.17 “Gross Revenues” means any and all revenue derived by Grantee or its Affiliates from the operation of the Cable System in the Franchise Area to provide Cable Services, calculated in accordance with Generally Accepted Accounting Principles (“GAAP”). 1.17.1 “Gross Revenues” shall include but shall not be limited to the following: (a) fees charged for Basic Service; (b) fees charged to Subscribers for any service tier other than Basic Service; (c) fees charged for premium Channel(s), e.g. HBO, Cinemax, or Showtime; (d) fees charged to Subscribers for any optional, per-Channel, or per-program services; (e) charges for installation, additional outlets, relocation, disconnection, reconnection, and change-in-service fees for Cable Service; (f) fees for service calls; (g) rental of Customer equipment, including converters (e.g. set top boxes, high definition converters, and digital video recorders) and remote control devices; (h) advertising sales revenue, minus commissions due to advertising agencies that arrange for the advertising buy, as calculated under GAAP; (i) revenue from leased Access Channel(s); (j) revenues received in connection with the carriage of home shopping Channels; (k) fees for any and all music services that are deemed to be a Cable Service over a Cable System; (l) revenue from the sale of program guides; (m) late payment fees; and Packet Page 122 of 369 City of Edmonds – Comcast Cable Franchise Agreement 6 (n) Franchise fees. 1.17.2 “Gross Revenues” shall not include: (a) Sales of capital assets or sales of surplus equipment; (b) Program launch fees; (c) Any fees or charges collected from Subscribers or other third parties for EG capital support. (d) Bad Debt; provided, however, that all or part of any such Bad Debt that is written off but subsequently collected shall be included in Gross Revenues in the period collected. (e) Any taxes on services furnished by the Grantee which are imposed directly on any Subscriber or user by the State, City or other governmental unit and which are collected by the Grantee on behalf of said governmental unit. (f) The value of the complimentary Cable Services provided herein shall not increase or decrease Gross Revenues for the purpose of calculating Franchise Fees. 1.18 “Locally Scheduled Original Programming” means Government Access or Educational Access programming that is created by the City or their designated Access provider(s) including edited coverage of live programming. Such Locally Scheduled Original Programming shall not be considered as qualifying as such after two (2) cablecasts (initial airing and first repeat). Automated Video Programming filler, such as cablecasts of highways and roads, AM/FM Radio programming, NASA or video bulletin boards does not constitute Locally Scheduled Original Programming that qualifies herein. 1.19 “Person” means any natural person or any association, firm, partnership, joint venture, corporation, limited liability company or other legally recognized entity, whether for- profit or not-for profit, but shall not mean the City. 1.20 “Public Rights-of-Way” or “Rights-of-Way” means the surface of, and the space above and below, any public street, highway, freeway, bridge, land path, alley, court, boulevard, sidewalk, lane, drive, circle or other public right-of-way, including, but not limited to, utility easements, dedicated utility strips, or rights-of-way dedicated for compatible uses now or hereafter held by the City in the Franchise Area, which shall entitle the City and Grantee to the use thereof for the purpose of constructing, installing, operating, repairing, upgrading and maintaining the Cable System. Public Rights-of-Way shall also mean any easement now or hereafter held by the City within the Franchise Area for the purpose of public travel, or for utility or public service use dedicated for compatible uses, and shall include other easements or rights- of-way as shall within their proper use and meaning entitle Grantee to the use thereof for the Packet Page 123 of 369 City of Edmonds – Comcast Cable Franchise Agreement 7 purposes of constructing, installing, operating, and maintaining Grantee’s Cable System over existing poles and wires, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, attachments, and other property as may be ordinarily necessary and appurtenant to the Cable System. 1.21 “School” means any State accredited K-12 educational institution, public or private, but excluding home schools. 1.22 “State” means the State of Washington. 1.23 “Subscriber” or “Customer” means a Person who lawfully receives Cable Service over the Cable System with Grantee’s express permission. Packet Page 124 of 369 City of Edmonds – Comcast Cable Franchise Agreement 8 SECTION 2. Grant of Authority 2.1 Grant. The City hereby grants to Grantee under the Cable Act a nonexclusive Franchise authorizing Grantee to construct and operate a Cable System in, along, among, upon, across, above, over, under, or in any manner connected with Public Rights-of-Way within the Franchise Area, and for that purpose to erect, install, construct, repair, replace, reconstruct, maintain, or retain in, on, over, under, upon, across, or along any Public Rights-of-Way and all extensions thereof and additions thereto, such poles, wires, cables, conductors, ducts, conduits, vaults, manholes, pedestals, amplifiers, appliances, attachments, and other related property or equipment as may be necessary or appurtenant to the Cable System. 2.2 Grant of Authority. Subject to the terms and conditions of this Franchise and the Cable Act, the City hereby grants Grantee the right to own, construct, operate and maintain a Cable System along the Rights-of-Way within the Franchise Area, in order to provide Cable Service. No privilege or power of eminent domain is bestowed by this grant; nor is such a privilege or power bestowed by this Franchise. 2.3 Franchise Subject to Federal, State and Local Law. Notwithstanding any provision to the contrary herein, this Franchise is subject to and shall be governed by all applicable provisions now existing or hereafter amended of federal, State and local laws and regulations. 2.4 Use of Rights of Way for non-Cable Service. This Franchise is an express authorization to provide Cable Services only. This Franchise is not a bar to the imposition of any lawful condition on Grantee with respect to non-Cable Services, telecommunications services or information services, whether similar, different or the same. This Franchise does not relieve Grantee of any obligation it may have to obtain from the City an authorization to provide non- Cable Services, telecommunications services or information services or relieve Grantee of its obligation to comply with any such authorization(s) that may be lawfully required. However, this Franchise shall not be read as a concession by Grantee that it needs authorization to provide non-Cable Services. 2.5 No Rights by Implication. No rights shall pass to Grantee by implication. Without limiting the foregoing, by way of example and not limitation, this Franchise shall not include or be a substitute for: 2.5.1 Any other permit or authorization required for the privilege of transacting and carrying on a business within the City that may be required by the ordinances and laws of the City; 2.5.2 Any permit, agreement or authorization required by the City for Rights-of- Way users in connection with operations on or in Rights-of-Way or public property; or 2.5.3 Any permits or agreements for occupying any other property of the City or private entities to which access is not specifically granted by this Franchise. Packet Page 125 of 369 City of Edmonds – Comcast Cable Franchise Agreement 9 2.6 Conveyance of Rights. This Franchise is intended to convey limited rights and interests only as to those Rights-of-Way in which the City has an actual interest. It is not a warranty of title or interest in any Rights-of-Way; it does not provide the Grantee with any interest in any particular location within the Rights-of-Way; and it does not confer rights other than as expressly provided in the grant hereof. 2.7 No Waiver. The failure of the City on one or more occasions to exercise a right or to require compliance or performance under this Franchise, the Cable Act or any other applicable State or federal law shall not be deemed to constitute a waiver of such right or a waiver of compliance or performance by the City nor to excuse Grantee from complying or performing, unless such right or such compliance or performance has been specifically waived in writing. 2.8 Other Ordinances. Grantee agrees to comply with the terms of any lawful, generally applicable local ordinance, including but not limited to Chapter 4.68 of the Edmonds Municipal Code in effect upon adoption of this Franchise. In the event of a conflict between any ordinance and a specific provision of this Franchise, the Franchise shall control, provided however that the Grantee agrees that it is subject to the lawful exercise of the police power of the City. 2.9 Term of Franchise. The term of this Franchise and all rights, privileges, obligations and restrictions pertaining thereto shall be seven (7) years (the “Term”) from the Effective Date of this Franchise. Upon commencement of the franchise renewal period described in the Cable Act, the parties will meet to discuss a possible extension of this Franchise. If this Franchise expires prior to renewal or termination, the Grantee shall cooperate with the City in maintaining continuity of service by continuing to operate the Cable System under the terms and conditions of this Franchise. 2.10 Effective Date. 2.10.1 This Franchise and the rights, privileges, and authority granted hereunder and the contractual relationship established hereby shall take effect and be in force from and after the effective date of this Franchise. 2.10.2 The effective date of this Franchise shall be the latter of the dates on which it is accepted in writing by Grantee and the City. 2.10.3 Grantee shall file written acceptance of the Franchise along with any accompaniments as required by this Section 2.10.1 with the City Clerk. Such written acceptance shall be accompanied by the certificates of insurance specified in Section 9.3 and the evidence of the Security as specified in Section 9.5 within ninety (90) days of the date of adoption of this Franchise by the City Council, or this Franchise shall be voidable at the option of the City. 2.10.4 The grant of this Franchise shall have no effect on Grantee’s duty under the prior franchise, in effect prior to the Effective Date of this Franchise, to indemnify or insure Packet Page 126 of 369 City of Edmonds – Comcast Cable Franchise Agreement 10 the City against acts or omissions occurring during the period that the prior franchise was in effect, nor shall it affect Grantee’s liability to pay all Franchise Fees which were due and owed under a prior franchise. 2.11 Effect of Acceptance. By accepting the Franchise, Grantee: (1) acknowledges and accepts the City’s legal right to issue and enforce the Franchise; (2) accepts and agrees to comply with each and every provision of this Franchise subject to applicable law; and (3) agrees that the Franchise was granted pursuant to processes and procedures consistent with applicable law, and that it will not raise any claim to the contrary. 2.12 Reservation of Authority. Nothing in this Franchise shall (1) abrogate the right of the City to perform any public works or public improvements of any description, (2) be construed as a waiver of any codes or ordinances of general applicability promulgated by the City, or (3) be construed as a waiver or release of the rights of the City in and to the Public Rights-of-Way. 2.13 Grant Not Exclusive. The Franchise and the rights granted herein to use and occupy the Rights-of-Way to provide Cable Services shall not be exclusive, and the City reserves the right to grant other franchises for similar uses or for other uses of the Rights-of-Way, or any portions thereof, to any Person, or to make any such use itself, at any time during the Term of this Franchise. Any such rights which are granted shall not adversely impact the authority as granted under this Franchise and shall not interfere with existing facilities of the Cable System. 2.14 Grant of Other Franchises; Competitive Equity. Any Cable Service Franchise granted by the City shall be nonexclusive and shall not preclude the City from granting other or further Cable Service franchises. The City reserves the right to grant one (1) or more additional Cable Service franchises. The City shall amend this Franchise, as reasonably requested by the Grantee, if it grants additional Cable Service franchises or similar authorizations that contain material terms or conditions which are substantially more favorable or less burdensome to the additional franchise holder than the material terms and conditions herein. A word for word identical franchise or authorization for a competitive entity is not required so long as the regulatory and financial burdens on each entity are generally equivalent. 2.14.1 Notwithstanding any provision to the contrary, at any time prior to the commencement of the Grantee’s thirty-six (36) month renewal window under Section 626 of the Cable Communications Policy Act of 1984, as amended, 47 U.S.C. § 546, that a wireline multichannel video provider distributor, legally authorized by State or federal law, makes available for purchase by Subscribers or customers, Cable Services within the City without a Cable Service franchise or other similar lawful authorization granted by the City, then the Grantee shall have a right to request Franchise amendments that relieve it of regulatory burdens that create a competitive disadvantage to the Grantee. In requesting amendments, the Grantee shall file a petition seeking to amend this Franchise. Such petition shall: (a) indicate the presence of such wireline competitor; (b) identify the Franchise terms and conditions for which Grantee is seeking amendments; (c) provide the text of all proposed Franchise amendments to the City, (d) identify all material terms or conditions in the applicable State or federal Packet Page 127 of 369 City of Edmonds – Comcast Cable Franchise Agreement 11 authorization which are substantially more favorable or less burdensome to the competitive entity. 2.15 Conditions of Sale. If a renewal or extension of Grantee's Franchise is denied or the Franchise is lawfully terminated, and the City lawfully acquires ownership of the Cable System or by its actions lawfully effects a transfer of ownership of the Cable System to another party, any such acquisition or transfer shall be at the price determined pursuant to the provisions set forth in Section 627 of the Cable Act. 2.16 Transfer upon Revocation. Grantee and the City agree that in the case of a final determination of a lawful revocation of the Franchise, the City shall give Grantee at least one hundred twenty (120) days to effectuate a transfer of its Cable System to a qualified third party. Furthermore, Grantee shall be authorized to continue to operate pursuant to the terms of its prior Franchise during this period. If, at the end of that time, Grantee is unsuccessful in procuring a qualified transferee or assignee of its Cable System which is reasonably acceptable to the City, Grantee and the City may avail themselves of any rights they may have pursuant to federal or State law. It is further agreed that Grantee's continued operation of the Cable System during the one hundred twenty (120) day period shall not be deemed to be a waiver, nor an extinguishment of, any rights of either the City or Grantee. 2.17 Police Powers. Grantee’s rights hereunder are subject to the police powers of the City to adopt and enforce ordinances necessary to the safety, health and were of the public, and Grantee agrees to comply with all applicable laws, ordinances and regulations lawfully enacted pursuant to the police powers of the City, or hereafter enacted in accordance therewith, by the City or any other legally constituted governmental unit having lawful jurisdiction over the subject matter hereof. The City reserves the right to exercise its police powers, notwithstanding anything in this Franchise to the contrary. Packet Page 128 of 369 City of Edmonds – Comcast Cable Franchise Agreement 12 SECTION 3. Construction and Maintenance of the Cable System 3.1 Permits and General Obligations. Grantee shall be responsible for obtaining, at its own cost and expense, all permits, licenses, or other forms of approval or authorization necessary to construct, operate, maintain or repair the Cable System, or any part thereof, prior to the commencement of any such activity. Construction, installation, and maintenance of the Cable System shall be performed in a safe manner using materials that meet or exceed industry standards. All facilities, poles, conduits, cables, and equipment installed by Grantee for use in the Cable System in accordance with the terms and conditions of this Franchise shall be located so as to minimize interference with the designated use of the Public Rights-of-Way at the time of Cable System facilities installation. 3.2 Conditions on Occupancy of Public Rights-of-Way. 3.2.1 Relocation at Request of the City. Except as provided herein, upon thirty (30) days prior written notice to Grantee, the City shall have the right to require Grantee to relocate any part of Grantee’s Cable System within the Public Rights-of-Way when the safety, health or welfare of the public requires such change, and the expense thereof shall be paid by Grantee. The City is not required to provide thirty (30) days prior written notice in the event of an emergency. Should Grantee fail to remove or relocate any such facilities by the date established by the City, the City may remove or relocate such facilities, and the expense thereof shall be paid by Grantee, including all costs and expenses incurred by the City due to Grantee’s delay. If the City requires Grantee to relocate its facilities located within the Public Rights-of- Way, the City shall make a reasonable effort to provide Grantee with an alternate location within the Public Rights-of-Way. This Section 3.2.1 does not apply to overhead facilities that are converted to underground facilities, consistent with Section 3.4. If public funds are available to any Person using such Public Rights-of-Way for the purpose of defraying the cost of any of the foregoing, the City shall upon written request of Grantee make application for such funds on behalf of Grantee. 3.2.2 Temporary Relocation at Request of Third Party. Grantee shall, upon reasonable prior written request of any Person holding a permit issued by the City to move any structure, temporarily move its facilities to permit the moving of such structure; provided (i) Grantee may impose a reasonable charge on any Person for the movement of its facilities, and such charge may be required to be paid in advance of the movement of its wires or cables; (ii) Grantee is granted a permit for such work by the City if a permit is needed; and (iii) Grantee is given not less than ten (10) business days advance written notice to arrange for such temporary relocation. 3.2.3 Restoration of Rights-of-Way. Whenever Grantee disturbs the surface of any Rights-of-Way for any purpose, Grantee shall promptly restore the Rights-of-Way to a condition reasonably comparable to the condition of the Rights-of-Way immediately prior to such disturbance. When any opening is made by Grantee in a hard surface pavement in any Rights-of-Way, Grantee shall promptly refill the opening and restore the surface as required by its permit. If Grantee fails to promptly restore the Rights-of-Way, the City may, after providing Packet Page 129 of 369 City of Edmonds – Comcast Cable Franchise Agreement 13 reasonable notice to Grantee, refill or repave any opening made by Grantee in the Rights-of- Way, and the reasonable expense thereof shall be paid by Grantee. The City may, after providing reasonable notice to Grantee, repair any work done by Grantee that, in the determination of the City, does not conform to applicable the City specifications. The reasonable cost thereof, including the costs of inspection and supervision, shall be paid by Grantee. 3.3 Safety Requirements. The Grantee shall, at its own cost and expense, undertake all necessary and appropriate efforts to maintain its work sites in a safe manner in order to prevent accidents that may cause damage or injuries. All work undertaken on the Cable System shall be performed in substantial accordance with applicable FCC or other federal and State regulations. The Cable System shall not unreasonably endanger or interfere with the safety of Persons or property in the Public Rights-of-Way. 3.4 Aerial and Underground Construction. If all of the distribution lines of all of the wireline service providers, such as telecommunications service providers, as defined in RCW 35.99.010, a utility service provider or a Cable Operator (collectively “Service Providers”) in any portion of the Franchise Area are underground, Grantee shall place its Cable System’s distribution cables underground within that area; provided that such underground locations are actually capable of accommodating Grantee’s cable and other equipment without technical degradation of the Cable System’s signal quality. In any portion(s) of the Franchise Area where the distribution lines of any of the respective Service Providers are both aerial and underground, Grantee shall have the discretion to construct, operate, and maintain all of its distribution cables, or any part thereof, aerially or underground. In areas where a Service Provider’s wiring is aerial, Grantee may install aerial cable, except when a property owner or resident requests underground installation and agrees to bear the additional cost in excess of aerial installation. If funds exist, are set aside for such purpose, or provided by a third party, Grantee shall be entitled to seek reimbursement for its share of funds to offset the cost of placing its facilities underground. Grantee shall utilize existing conduit wherever possible. 3.4.1 The City shall not be required to obtain easements for Grantee. Grantee shall, to the extent economically feasible, participate with other providers in joint trench projects to relocate its overhead facilities underground and remove its overhead facilities in areas where utilities are being converted to underground facilities. 3.4.2 Nothing in this Section shall be construed to require Grantee to construct, operate, or maintain underground any ground-mounted appurtenances such as Customer taps, line extenders, system passive devices, amplifiers, power supplies, fiber splices, nodes, pedestals, or other related equipment. 3.4.3 In the event of a City sponsored facilities relocation project that requires conversion of overhead facilities to underground for purposes of health, safety or public welfare, Grantee agrees to bear the costs of converting Grantee's Cable System from an overhead system to an underground system as follows: Packet Page 130 of 369 City of Edmonds – Comcast Cable Franchise Agreement 14 A. Utility Trench and Vault/Pedestal Engineering: To ensure proper space and availability in the supplied joint trench, Grantee shall only pay for the work hours necessary to complete Cable System related engineering coordination with the other utilities involved in the project, if any. B. Conduit and Vaults/Pedestals Placement: Grantee shall only pay for the direct cost of labor and materials it takes to place its conduits and vaults/pedestals in the supplied joint trench and/or solo cable trench as follows: 1. If the City contractor is completing this task, Grantee shall only pay the direct costs in accordance with Grantee's approved labor and materials exhibits at the time of the project. 2. If the direct costs of Grantee’s approved labor and materials exhibits are not agreeable to the City or its contractor, Grantee shall have the option to hire its own contractor(s) to complete the work in accordance with Grantee’s approved labor and materials exhibits at the time of the project. 3. If Grantee chooses to hire its own contractor(s), the City and its contractor(s) are responsible for coordinating with Grantee’s contractor(s) to provide reasonable notice and time to complete the placement of Grantee’s conduits and vaults/pedestals in the supplied joint trench. C. Within the conversion area, Grantee shall not be responsible for any on -site coordination and performance of traffic control, trenching, backfill, and restoration, unless it is work related to solo cable trench. In those areas, Grantee shall pay the direct cost of labor and materials in accordance with the provisions listed in Section 3.4.3 B above. 3.4.4 In the event of a Local Improvement District (LID) project that requires relocation or an underground conversion of Grantee’s facilities, Grantee shall be reimbursed by the LID funding for all expenses incurred as a result of the project. 3.4.5 In the event an underground conversion of cable facilities is required as part of the street improvement condition(s) of a new subdivision and/or development, the developer shall be responsible for all time and material costs associated with the conditioned underground conversion of cable facilities. 3.4.6 Grantee shall utilize existing poles and conduit wherever possible. 3.5 Work of Contractors and Subcontractors. Grantee’s contractors and subcontractors shall be licensed and bonded in accordance with the ’s City’s Ordinances, Packet Page 131 of 369 City of Edmonds – Comcast Cable Franchise Agreement 15 regulations and requirements. Work by contractors and subcontractors is subject to the same restrictions, limitations and conditions as if the work were performed by Grantee. Grantee shall be responsible for all work performed by its contractors and subcontractors and others performing work on its behalf as if the work were performed by it and shall ensure that all such work is performed in compliance with this Franchise and applicable law. Grantee shall be jointly and severally liable for all property and personal damages and for correcting all damage caused by any contractor or subcontractor working on Grantee’s behalf. 3.6 Construction and Maintenance. 3.6.1 Subject to applicable laws and this Franchise, Grantee shall perform all maintenance, construction, repair and upgrades necessary for the operation of its Cable System in the Rights-of-Way. All work regarding Grantee’s System shall, regardless of who performs the work, be and remain Grantee’s responsibility. 3.6.2 Grantee’s Cable System shall be constructed and maintained in such a manner as not to interfere with sewers, water pipes or any other property of the City, or with any other pipes, wires, conduits, pedestals, structures or other facilities that may have been laid in Rights-of-Way by, or under, the City’s authority. 3.6.3 Grantee shall provide and use any equipment necessary to control and carry Grantee’s signals so as to prevent damage to the City’s property or property belonging to any Person. Grantee, at its own expense, shall repair, renew, change and improve its facilities and equipment to keep them in good repair and in a safe and presentable condition. 3.6.4 Grantee’s Cable System shall be located, erected and maintained so as not to endanger the lives of Persons, or to unnecessarily hinder or obstruct the free use of Rights-of- Way or other public property. 3.6.5 Grantee shall give reasonable notice to private property owners of construction work in adjacent Rights-of-Way. 3.6.6 In the event that emergency repairs are necessary, Grantee shall notify the City of the repairs made on the next business day. Grantee may initiate such emergency repairs and shall apply for appropriate permits within two (2) business days after discovery of the emergency, or as soon as reasonably practical. 3.7 One Call Notification. Prior to performing any work in the Rights-of-Way, Grantee shall follow established procedures, including contacting the Utility Notification Center in Washington and comply with all applicable State statutes. Grantee shall also comply with generally applicable ordinances and permitting requirements before excavating in the Rights-of- Way. 3.8 Rights-of-Way Vacation. If any Rights-of-Way or portion thereof used by Grantee is vacated by the City during the Term of this Franchise, unless the City specifically reserves to Grantee the right to continue the use of vacated Rights-of-Way, Grantee shall, Packet Page 132 of 369 City of Edmonds – Comcast Cable Franchise Agreement 16 without delay or expense to the City, remove its facilities from such Rights-of-Way and restore, repair or reconstruct the Rights-of-Way where such removal has occurred. In the event of failure, neglect or refusal of Grantee to restore, repair or reconstruct such Rights-of-Way after thirty (30) days written notice from the City, the City may do such work or cause it to be done, and the reasonable cost thereof shall be paid by Grantee within thirty (30) days of receipt of an invoice and documentation. 3.9 Standards. All work authorized and required hereunder shall be done in a safe, thorough and workmanlike manner. Grantee must comply with all federal, State and local safety requirements, rules, regulations, laws and practices, and deploy all necessary devices as required by applicable law during construction, operation and repair of its Cable System. By way of illustration and not limitation, Grantee must comply with the National Electrical Code, National Electrical Safety Code and Occupational Safety and Health Administration (OSHA) Standards in effect at the time of the work being performed. 3.9.1 Grantee shall ensure that all cable drops are properly bonded and grounded at the home, consistent with applicable code requirements. All non-conforming or non-performing cable drops shall be replaced by Grantee as necessary. 3.9.2 Grantee shall endeavor to maintain all equipment lines and facilities in an orderly manner, including, but not limited to, the removal of all bundles of unused cable. 3.9.3 All installations of equipment, lines and facilities shall be installed in accordance with good engineering practices and of sufficient height to comply with all federal, State and local regulations, ordinances and laws. 3.9.4 Any opening or obstruction in the Rights-of-Way or other public places made by Grantee in the course of its operations shall be guarded and protected by Grantee at all times by the placement of adequate barriers, fences or boarding, the bounds of which, during periods of dusk and darkness, shall be clearly marked and visible at night. 3.9.5 Grantee and the City agree that nothing in this Franchise shall give Grantee the right to construct new poles without prior the City approval. Furthermore, nothing contained in this Franchise gives Grantee a right of pole attachment to the City facilities or facilities owned by third parties. 3.10 Stop Work. On notice from the City that any work is being conducted contrary to the provisions of this Franchise, or in an unsafe or dangerous manner as determined by the City, or in violation of the terms of any applicable permit, laws, regulations, ordinances or standards, the work may immediately be stopped by the City. The stop work order shall: 3.10.1 Be in writing; 3.10.2 Be given to the Person doing the work and be posted on the work site; 3.10.3 Be sent to Grantee by overnight delivery at the address given herein; Packet Page 133 of 369 City of Edmonds – Comcast Cable Franchise Agreement 17 3.10.4 Indicate the nature of the alleged violation or unsafe condition; and 3.10.5 Establish conditions under which work may be resumed. Grantee shall comply immediately with any stop work order issued by the City. 3.11 Joint Trenching/Boring. To the extent it is technically and economically feasible, Grantee shall joint trench or share bores or cuts and work with other providers (such as, but not limited to, telecommunications, gas and electric companies), licensees, permittees and franchisees so as to reduce the number of Right-of-Way cuts within the City. 3.12 GIS Mapping. Upon thirty (30) days written request by the City, Grantee shall provide a route map of those basic portions of the Cable System that are located within the Public Right-of-Way in either a digital format or hard copy. The format of the data for overlaying on the City’s GIS mapping system shall utilize NAD 83 as the horizontal datum. The data shall indicate overhead cables and underground cables. 3.13 Trimming of Trees and Shrubbery. Grantee shall have the authority to trim trees or other natural growth interfering with, damaging, or restricting access to any of its Cable System facilities in the Rights-of-Way. All such trimming shall be done at Grantee’s sole cost and expense. Grantee shall be responsible for any damage caused by such trimming and shall make every attempt to trim such trees and shrubbery in a fashion that maintains their aesthetic appeal. Grantee shall comply with all local laws and regulations with respect to trimming of trees and shrubbery and with all generally applicable landscaping regulations. The Grantee shall be responsible for all debris removal associated with any such activities under this Section 3.13. 3.15 Reservation of Rights-of-Way. Nothing in this Franchise shall prevent the City or public utilities from constructing any public work or improvement in the Public Rights-of- Way. All such work shall be done insofar as reasonably practicable so as not to obstruct, injure or prevent the use and operation of Grantee’s Cable System. 3.16 Inspection of Facilities. Upon reasonable notice, the City may inspect any of Grantee’s Facilities or equipment within the Rights-of-Way and on other public property. If an unsafe condition is found to exist, the City, in addition to taking any other action permitted under applicable law, may order Grantee to make the necessary repairs and alterations specified therein forthwith to correct the unsafe condition by a time the City establishes. The City has the right to inspect, repair and correct the unsafe condition if Grantee fails to do so, and to reasonably charge Grantee therefor. 3.17 Private Property 3.17.1 Notice of Entry on Private Property. Except in emergency situations, at least twenty-four (24) hours prior to entering private property to perform new plant construction or reconstruction, a notice indicating the nature and location of the work to be performed shall be physically posted upon the affected property. Grantee shall make a good faith effort to comply with the property owner/resident's preferences, if any, on location or placement of underground Packet Page 134 of 369 City of Edmonds – Comcast Cable Franchise Agreement 18 installations within the easements allowing Grantee’s presence (excluding aerial cable lines utilizing existing poles and existing cable, power or phone paths), consistent with sound engineering practices. 3.17.2 Restoration of Property. After performance of work, Grantee shall restore private property as nearly as practicable to its condition prior to construction. Packet Page 135 of 369 City of Edmonds – Comcast Cable Franchise Agreement 19 SECTION 4. Service Obligations 4.1 General Service Obligation. Grantee shall make Cable Service available to every residential dwelling unit within the Franchise Area where the minimum density is at least thirty-two (32) Dwelling Units per strand mile in areas served by overhead facilities and sixty (60) Dwelling Units per strand mile in areas served by underground facilities. Subject to this density requirement, Grantee shall offer Cable Service at standard installation rates to all new Dwelling Units or previously unserved Dwelling Units located within one hundred fifty (150) aerial feet or sixty (60) underground trench feet of the Grantee’s distribution cable. Grantee may elect to provide Cable Service to areas not meeting the above density and distance standards. Grantee may impose an additional charge in excess of its regular installation charge for any service installation requiring a line extension or a drop in excess of the above standards. Any such additional charge shall be the fully allocated cost of the installation that exceeds the standards set forth above. 4.2 Complimentary Cable Service. Historically, Grantee has provided complimentary Cable Service to municipal buildings, fire stations, police stations, Schools and libraries throughout the Franchise Area. The Cable Service described herein is a voluntary initiative that Grantee agrees to continue throughout the Term of this Franchise. As part of Grantee’s voluntary initiative, Grantee will provide, upon request, without charge, for service or installation, one outlet of Basic and Expanded Basic Service, or the substantive equivalent thereof, including all necessary equipment to those buildings listed in Exhibits “B” and “C”, and any future sites that are owned or leased by the City for administrative purposes, fire and police stations, Schools and libraries, provided that they are located within 150 aerial feet (a Standard Installation) of its Cable System. Grantee shall not be required to provide complimentary Cable Service to those buildings or portions of buildings that are not owned or leased by the City, that are not occupied and used by and for governmental administrative or educational purposes (i.e. utility offices, storage facilities, etc.) or where it would normally enter into a commercial contract to provide Cable Service, such as a prison/jail or a golf course. In instances where the City is leasing and occupying the building, the City shall be responsible for acquiring any necessary right of entry agreement and paying any associated fees that may be required by the building’s owner. If the City wishes to discontinue its use of this service, it is responsible for the return of any and all equipment to the Grantee. The City and/or its designees are responsible for all Grantee’s on premise equipment. The Cable Service provided in accordance with this subsection may be distributed beyond the originally installed outlet without authorization from Grantee. If additional outlets are requested, the building owner and/or occupant shall be required to pay the usual installation fees associated therewith; but no recurring monthly fees. To the extent that complimentary service is provided, there shall be no offset against Franchise Fees for such service. Outlets of Cable Service provided in accordance with this Section 4.2 may be used to distribute Cable Services throughout such buildings; provided such distribution can be accomplished without causing Cable System disruption and general technical standards are maintained. Such outlets may only be used for lawful purposes consistent with Grantee’s regular service practices. Packet Page 136 of 369 City of Edmonds – Comcast Cable Franchise Agreement 20 4.2.1 In the event that there is another wireline service provider (or providers) providing Cable Service within the City, the decision of which service provider will provide the complimentary service shall be decided on a case by case basis in an effort to maintain equitable burdens on each provider. 4.2.2 The Cable Service provided herein, shall not be used for commercial purposes, and the City shall take reasonable steps to limit display of non-EG in public areas. In addition, the City shall take reasonable precautions to prevent any inappropriate use of the Cable Service or the Cable System that could result in damage to the Cable System. 4.3 Obscenity. Grantee shall not transmit, or permit to be transmitted, over any Channel subject to its editorial control any programming that is obscene under applicable federal, State or local laws. 4.4 Services for the Disabled. Grantee shall comply with the Americans with Disabilities Act and any amendments or successor legislation thereto. 4.5 Parental Control Device. Upon request by any Subscriber, Grantee shall make available at no charge a parental control or lockout device, traps or filters to enable a Subscriber to control access to both the audio and video portions of any Channels. Grantee shall inform its Subscribers of the availability of the lockout device at the time of their initial subscription and periodically thereafter. 4.6 No Discrimination. Neither Grantee nor any of its employees, agents, representatives, contractors, subcontractors, or consultants, nor any other Person, shall discriminate or permit discrimination between or among any Persons in the availability of Cable Services provided in connection with the Cable System in the Franchise Area. It shall be the right of all Persons to receive all available services provided on the Cable System so long as such Person’s financial, and other business obligations to Grantee are satisfied. Grantee shall not however be required to continue service to a Subscriber who cannot meet their financial obligations to Grantee or who is verbally or physically abusive, harassing, or threatening to Grantee or any of its employees, agents, representatives, contractors, subcontractors, or consultants. Nothing contained herein shall prohibit Grantee from offering bulk discounts, promotional discounts, package discounts, or other such pricing strategies as part of its business practice. 4.7 New Developments. The City shall provide Grantee with written notice of the issuance of formal approvals for new subdivisions and/or planned developments within the Franchise Area requiring underground installation and/or conversion of cable facilities as part of the approval condition(s). The City agrees to require the developer, as a condition of issuing land use and building permits, to give Grantee access to all open trenches for deployment of cable facilities throughout the development and at least ten (10) business days written notice of the date of availability of open trenches. The developer shall be responsible for the digging and backfilling of all trenches. Grantee shall be responsible for engineering and deployment of labor relative to its installation of cable facilities within the development. Packet Page 137 of 369 City of Edmonds – Comcast Cable Franchise Agreement 21 SECTION 5. Rates, Fees, Charges and Deposits 5.1 Rate Regulation. All of Grantee’s rates and charges related to Cable Services shall be subject to regulation by the City to the full extent authorized by applicable federal, State and local laws. Grantee shall notify both the City and its Customers of any changes to its rates in conformance with federal law. 5.2 No Rate Discrimination. All rates and charges shall be published (in the form of a publicly available rate card), and shall be nondiscriminatory for all Persons of similar classes, under similar circumstances and conditions and without regard to neighborhood or income. Nothing herein shall be construed to prohibit: The temporary reduction or waiving of rates or charges in conjunction with valid promotional campaigns; The offering of reasonable discounts to similarly situated Persons; The offering of bulk discounts for multiple Dwelling Units. 5.3 Low Income Discount. Grantee has historically granted a 30% discount to Subscribers who are low income and are aged 65 years or older or disabled to its Basic Cable Service (provided they are not already receiving a package discount and provided further they are the legal owner or lessee/tenant of the dwelling unit). Grantee, as a voluntary initiative, is encouraged to continue to offer a discount to these individuals. For purposes of this discount, Subscribers are considered low income if their combined disposable income from all sources does not exceed the Housing and Urban Development Standards for the Seattle/Everett Area for the current and preceding calendar year. As of the Effective Date of this Franchise, Grantee is offering this low income discount as described herein. 5.4 Leased Access Channel Rates. Grantee shall offer Leased Access Channel capacity on such terms and conditions and rates as may be negotiated with each lessee, subject to the requirements of Section 612 of the Cable Act. Upon request, Grantee shall provide a complete schedule of current rates and charges for any and all Leased Access Channels or portions of such Channels. 5.5 Late Fees. For purposes of this subsection, any assessment, charge, cost, fee or sum, however characterized, that Grantee imposes upon a Subscriber solely for late payment of a bill is a late fee and shall be applied in accordance with State law. Packet Page 138 of 369 City of Edmonds – Comcast Cable Franchise Agreement 22 SECTION 6. Customer Service 6.1 Customer Service Standards. Customer Service requirements are set forth in Exhibit A, which shall be binding unless amended by written consent of the parties. 6.2 Privacy Protection. Grantee shall comply with all applicable federal and State privacy laws, including Section 631 of the Cable Act and regulations adopted pursuant thereto. Packet Page 139 of 369 City of Edmonds – Comcast Cable Franchise Agreement 23 SECTION 7. Oversight and Regulation 7.1 Franchise Fees. Grantee shall pay to the City a Franchise Fee in an amount equal to five percent (5%) of Gross Revenues derived from the operation of the Cable System to provide Cable Service in the Franchise Area (“Franchise Fee”). In accordance with Title VI of the Cable Act, the twelve (12) month period applicable under the Franchise for the computation of the Franchise Fee shall be a calendar year provided, however, that Grantee shall not be compelled to pay any higher percentage of Franchise Fees than any other Cable Operator providing Cable Service in the same portion of the Franchise Area. If during the Term of this Franchise, the FCC, federal or State government, or the courts change the amount a City can collect for Franchise Fees, then this Franchise shall be amended and such change shall be imposed on all similarly situated Cable Operators operating in the same portion of the Franchise Area. Franchise Fees are not a tax. 7.2 Payments. The payment of Franchise Fees shall be made on a quarterly basis and shall be due forty-five (45) days after the close of each calendar quarter. Grantee shall be allowed to submit or correct any payments that were inadvertently omitted, provided such correction is made within ninety (90) days following the close of the calendar quarter for which such payments were applicable, without incurring any interest expenses pursuant to Section 7.5. At the City’s option, if there are overpayments of Franchise Fees, the City may choose to either refund any such overpayments to Grantee, or Grantee shall withhold future Franchise Fee payments until such time as said overpayment is recovered. If the City chooses the option to refund such overpayments, then no interest shall accrue on such overpayments provided the City refunds the overpayments within sixty (60) days’ notice from Grantee. Notwithstanding the foregoing, the parties may agree on a different timeframe or terms of repayment. 7.3 Additional Compensation. In the event that Franchise Fees are prohibited by any law or regulation, Grantee shall pay to the City that amount, if any, which is required in accordance with applicable law. 7.4 Quarterly Reports. Each Franchise Fee payment shall be accompanied by a report prepared by a representative of Grantee showing the basis for the computation of the Franchise Fees paid during that period. 7.5 Interest Charge on Late Payments. Late payments for any Franchise Fees due pursuant to this Section, EG Fees due pursuant to Section 11.7 and liquidated damages due pursuant to Section 13.1.1 shall be subject to interest at the then-current rate set forth in RCW 19.52.020, which as of the date of execution of this Franchise is twelve percent (12%) per annum from the date that such payment is due. 7.6 No Release. The City’s acceptance of payment shall not be construed as an agreement that the amount paid was correct, nor shall acceptance be construed as a release of any claim which the City may have for additional sums due under this Franchise. The period of limitation for recovery of Franchise Fees payable hereunder shall be six (6) years from the date on which payment by Grantee was due. Packet Page 140 of 369 City of Edmonds – Comcast Cable Franchise Agreement 24 7.7 No Limitation on Taxing Authority. Nothing in this Franchise shall be construed to limit any authority of the City to impose any tax, fee, or assessment of general applicability. Nothing in this Franchise is intended to preclude Grantee from exercising any right it may have to challenge the lawfulness of any tax, fee, or assessment imposed by the City or any State or federal agency or authority, or intended to waive any rights the Grantee may have under 47 U.S.C. § 542. 7.8 Additional Commitments Not Franchise Fees. No term or condition in this Franchise shall in any way modify or affect Grantee’s obligation to pay Franchise Fees. Although the total sum of Franchise Fee payments and additional commitments set forth elsewhere in this Franchise may total more than five (5%) of Grantee’s Gross Revenues in any 12-month period, Grantee agrees that the additional commitments regarding EG funding and Access Channels are excluded from the definition of Franchise Fees herein and are not Franchise Fees, nor are they to be offset or credited against any Franchise Fee payments due to the City. Additionally, complimentary Cable Service, as described in Section 4.2, shall not be offset against Franchise Fees either, unless otherwise mutually agreed upon by Grantee and the City. The City and Grantee agree that any utility tax, business and occupation tax or similar tax shall be in addition to any Franchise Fees required herein and there shall be no offset against Franchise Fees subject to applicable law. The Grantee shall notify the City prior to passing through any franchise related costs to customers of its intent to pass through these costs. The City may waive the franchise related requirement if, in the City’s opinion, the increase in rates would be a burden on the Subscribers. 7.9 Franchise Fee Audit. 7.9.1 Upon thirty (30) days prior written notice, but not more often than once each calendar year, the City shall have the right to inspect Grantee’s financial records necessary to enforce the provisions of the Franchise and to calculate any amounts determined to be payable pursuant to this Franchise. Provided Grantee cooperates in making all relevant records available upon request, the City will in good faith attempt to complete each audit within six (6) months, and the audit period shall not be any greater than the previous three (3) years, unless the City has information relating to previous years beyond the three (3) years which, in its reasonable judgment, raises doubt as to the accuracy of payments made under this or previous franchises, in which case an additional three (3) years may be audited. If the audit shows that there has been an underpayment of Franchise Fees by five percent (5%) or more in a calendar year, then Grantee shall pay the cost of the audit, such amount not to exceed Fifteen Thousand Dollars ($15,000). 7.9.2 Upon the completion of any such audit by the City, the City shall provide to Grantee a final report setting forth the City’s findings in detail, including any and all substantiating documentation. In the event of an alleged underpayment, Grantee shall have thirty (30) days from the receipt of the report to provide the City with a written response agreeing to or refuting the results of the audit, including any substantiating documentation. Based on these reports and responses, the parties shall seek to agree upon a “Final Settled Amount.” For purposes of this Section, the term “Final Settled Amount(s)” shall mean the agreed upon underpayment, if any, by Grantee to the City. If the parties cannot agree on a “Final Settled Packet Page 141 of 369 City of Edmonds – Comcast Cable Franchise Agreement 25 Amount,” either party may bring an action to have the disputed amount determined by a court of law. 7.9.3 Any “Final Settled Amount(s)” due to the City as a result of such audit shall be paid to the City by Grantee within sixty (60) days from the date the parties agree upon the “Final Settled Amount.” Once the parties agree upon a Final Settled Amount and such amount is paid by Grantee, the City shall have no further rights to audit or challenge the payment for that period. If it was found that there was an underpayment of Franchise Fees pursuant to this Section, Grantee shall pay, in addition to the amount due, interest, calculated from the date the underpayment was originally due until the date payment is made by Grantee. 7.9.4 In the event the “Final Settled Amount(s)” is an overpayment by Grantee, the City shall either reimburse Grantee within sixty (60) days of the date the parties agree upon the Final Settled Amount or, upon Grantee’s approval, the City may choose to have Grantee withhold future Franchise Fee payments until such time as said overpayment is recovered. If the City fails to refund the overpayment to Grantee within sixty (60) days, then interest at the rate specified in Section 7.5 shall accrue beginning on the sixty-first (61st) day following the determination of the Final Settled Amount. 7.10 Bundled Services. If Cable Services subject to the Franchise Fee required under this Section 7 are provided to Subscribers in conjunction with Non Cable Services, the Franchise Fee shall be applied only to the Gross Revenues of the Cable Services, as reflected on the books and records of Grantee in accordance with GAAP. Grantee shall equitably allocate charges for Cable/Non Cable Services so as not to unfairly diminish Franchise Fees to the City. 7.11 Maintenance of Books, Records, and Files. 7.11.1 Books and Records. Throughout the Term of this Franchise, Grantee agrees that the City, upon not less than ten (10) days written notice to Grantee, may review Grantee’s books and records necessary to determine compliance with the terms of this Franchise. The review of such books and records shall occur at Grantee’s business office (unless a substitute location is otherwise agreed upon), during normal business hours, and without unreasonably interfering with Grantee’s business operations. Such books and records shall also include any records required to be kept in a public file by Grantee pursuant to the rules and regulations of the FCC. All such documents pertaining to financial matters that may be the subject of an inspection by the City shall be retained by Grantee for a minimum period of six (6) years. 7.11.2 File for Public Inspection. Throughout the Term of this Franchise, Grantee shall maintain a file available for public inspection which shall include all documents required pursuant to the FCC’s rules and regulations. The public inspection file shall be maintained at Grantee’s business office and will be available to the public during normal business hours. Packet Page 142 of 369 City of Edmonds – Comcast Cable Franchise Agreement 26 7.11.3 Proprietary Information. Notwithstanding anything to the contrary set forth in this Section, Grantee shall not be required to disclose information that it reasonably deems to be proprietary or confidential in nature. The City agrees to keep confidential any proprietary or confidential books or records to the extent permitted by law. Grantee shall be responsible for clearly and conspicuously identifying the work as confidential or proprietary, and shall provide upon request a brief written explanation as to why such information is confidential and how it may be treated as such under state and federal law. Grantee shall not be required to provide Subscriber information in violation of Section 631 of the Cable Act or any other applicable federal or State privacy law. For purposes of this Section 7.11, the terms “proprietary or confidential” include, but are not limited to, information relating to the Cable System design, Customer lists, marketing plans, financial information unrelated to the calculation of Franchise Fees or rates pursuant to FCC rules, or other information that is reasonably determined by Grantee to be competitively sensitive. In the event that the City receives a public records request under RCW 42.56 or similar law for the disclosure of information Grantee has designated as confidential, trade secret or proprietary, the City shall promptly provide notice of such disclosure so that Grantee can take appropriate steps to protect its interests. Nothing in the Section 7.11.3 prohibits the City from complying with RCW 42.56, or any other applicable law or court order requiring the release of public records. Grantee shall reimburse the City for any fines or penalties imposed on the City for failure to disclose such records. 7.11.4 Records Required. Upon written request, but no more frequently than once a year, the City may request a report which may include any or all of the following, depending on the needs of the City: (A) Records of all written complaints received by Grantee for a period of up to three (3) years. The term “complaint” as used herein refers to escalated concerns about any aspect of the Cable System or Grantee’s cable operations; (B) Records of outages for the previous year, indicating date, duration, area, and the number of Subscribers affected, type of outage, and cause; (C) Records of service calls for repair and maintenance for the previous year, indicating the date and time service was required, the date of acknowledgment, the date and time service was scheduled (if it was scheduled), and the date and time service was provided, and (if different) the date and time the problem was resolved; (D) Records of installation/reconnection and requests for service extension for the previous year, indicating the date of request, date of acknowledgment, and the date and time service was extended; Packet Page 143 of 369 City of Edmonds – Comcast Cable Franchise Agreement 27 (E) If specifically requested by the City: 1. The most recent annual report; 2. The number of Subscribers with Basic Service; and 3. Such other reports with respect to its local operation as are necessary to monitor compliance with this Franchise. 7.12 Performance Evaluations. Upon written notification, the City may hold performance evaluation sessions no more than once every twelve months to ensure proper performance of the provisions of this Franchise. 7.12.1 All evaluation sessions shall be open to the public. 7.12.2 Topics which may be discussed at any evaluation session include, but are not limited to, Subscriber figures for each classification of service, construction issues, Cable Service rate structures, Franchise Fee payments, liquidated damages, free or discounted Cable Service, application of new technologies, Cable System performance, Cable Services currently provided and programming offered, future plans of Grantee for new services or programs, Subscriber Complaints, privacy, modifications to this Franchise, judicial and FCC rulings, line extension policies and the City’s or Grantee’s rules; provided that nothing in this subsection shall be construed as requiring the renegotiation of this Franchise. 7.12.3 During evaluations under this Section 7.12, Grantee shall fully cooperate with the City and shall provide such information and documents as the City may reasonably require to perform the evaluation. Packet Page 144 of 369 City of Edmonds – Comcast Cable Franchise Agreement 28 SECTION 8. Transfer or Renewal of Franchise 8.1 Franchise Transfer. Subject to Section 617 of the Cable Act, the Cable System and this Franchise shall not be sold, assigned, transferred, leased or disposed of, either in whole or in part, either by involuntary sale or by voluntary sale, merger or consolidation; nor shall title thereto, either legal or equitable, or any right, interest or property therein pass to or vest in any Person (hereinafter “Transfer of the Franchise”) without the prior written consent of the City, which consent shall not be unreasonably withheld. 8.1.1 Grantee shall promptly notify the City of any actual or proposed change in, or transfer of, or acquisition by any other party in Control of Grantee. The word “Control” as used herein is not limited to majority stock ownership but includes actual working Control in whatever manner exercised. Every change, transfer or acquisition of Control of Grantee, except as noted in Section 8.1.7, shall make this Franchise subject to cancellation unless and until the City shall have consented thereto which consent shall not be unreasonably withheld. 8.1.2 The parties to the Transfer of the Franchise or change of Control shall make a written request to the City for its approval of the Transfer of the Franchise or change of Control (a “Transfer Application”) and shall furnish all information required by law. In reviewing a Transfer Application, the City may inquire into any matter reasonably related to the ability and willingness of the prospective transferee or controlling party to perform, in accordance with 47 CFR § 76.502. To the extent required by applicable law, Grantee shall reimburse the City for its expenses related to the review and action upon the Transfer Application. 8.1.3 In seeking the City’s consent to a Transfer Application, the proposed transferee or controlling party shall indicate whether, as applicable, it: (A) Has ever been convicted or held liable for acts involving deceit including any violation of federal, State or local law, or is currently under an indictment, investigation or complaint charging such acts; (B) Has ever had a judgment in an action for fraud, deceit, or misrepresentation entered against it by any court of competent jurisdiction; (C) Has pending any material legal claim, lawsuit, or administrative proceeding arising out of or involving a Cable System; (D) Is financially solvent, by submitting financial data, including financial information as required by FCC Form 394; and Packet Page 145 of 369 City of Edmonds – Comcast Cable Franchise Agreement 29 (E) Has the legal, financial and technical capability to enable it to maintain and operate the Cable System for the remaining Term of the Franchise. 8.1.4 In reviewing a Transfer Application, the City may inquire into the legal, technical and financial qualifications of the prospective controlling party or transferee, and Grantee shall assist the City in so inquiring. The City may condition said Transfer of the Franchise or change of Control upon such terms and conditions as it deems reasonably appropriate and as are consistent with federal law; provided, however, that any such terms and conditions so attached shall be related to the legal, technical and financial qualifications of the prospective controlling party or transferee. Additionally, such Person shall effect changes as promptly as practicable in the operation of the Cable System, if any changes are necessary to cure any violations or defaults presently in effect or ongoing. 8.1.5 The City shall act by ordinance or resolution on the request within one hundred twenty (120) days of the request, provided it has received all information required by law, such as a completed FCC Form 394. Subject to the foregoing, if the City fails to render a final decision on the request within one hundred twenty (120) days, such request shall be deemed granted unless the requesting party and the City agree to an extension of time. 8.1.6 Within sixty (60) days of closing of any Transfer of the Franchise or change of Control, if approved or deemed granted by the City, Grantee shall file with the City a copy of the deed(s), agreement(s), lease(s) or other written instrument(s) evidencing such Transfer of the Franchise or change of Control, certified and sworn to as correct by Grantee and the transferee or new controlling entity. In the case of a Transfer of the Franchise or change of Control, the transferee or the new controlling entity shall upon request by the City file its written acceptance agreeing to be bound by all of the provisions of this Franchise, subject to applicable law. 8.1.7 Notwithstanding anything to the contrary in this Section 8.1, the prior approval of the City shall not be required for any sale, assignment or transfer of the Franchise or Cable System to an Affiliate; provided that the proposed assignee or transferee agrees in writing to comply with all of the provisions of the Franchise, subject to applicable law. Further, Grantee may pledge the assets of the Cable System for the purpose of financing without the consent of the City; provided that such pledge of assets shall not impair or mitigate Grantee’s responsibilities and capabilities to meet all of its obligations under the provisions of this Franchise. In the event of a change in Control, the Grantee will continue to be bound by all provisions of the Franchise. 8.1.8 The consent or approval of the City to any Transfer of the Franchise or change in Control shall not constitute a waiver or release of any rights of the City. Packet Page 146 of 369 City of Edmonds – Comcast Cable Franchise Agreement 30 8.2 Renewal of Franchise. 8.2.1 The City and Grantee agree that any proceedings undertaken relative to the renewal of this Franchise shall be governed by and comply with the provisions of Section 626 of the Cable Act. 8.2.2 In addition to the procedures set forth in Section 626 of the Cable Act, the City shall notify Grantee of its assessments regarding the identity of future cable-related community needs and interests, as well as the past performance of Grantee under the current Franchise Term. The City further agrees that such assessments shall be provided to Grantee promptly so that Grantee has adequate time to submit a proposal under Section 626 of the Cable Act. 8.2.3 Notwithstanding anything to the contrary, Grantee and the City further agree that at any time during the Term of the current Franchise, while affording the public appropriate notice and opportunity to comment, the City and Grantee may agree to undertake and finalize informal negotiations regarding renewal of the Franchise and the City may grant a renewal thereof. Packet Page 147 of 369 City of Edmonds – Comcast Cable Franchise Agreement 31 SECTION 9. Insurance and Indemnity 9.1 Insurance Requirements. 9.1.1 General Requirement. Grantee shall maintain in full force and effect at its own cost and expense each of the following policies of insurance: A. Commercial General Liability coverage for bodily injury, personal injury, and property damage with limits of no less than two million dollars ($2,000,000) per occurrence. B. Commercial Automobile Liability Insurance with minimum combined single limits of at least two million dollars ($2,000,000) per occurrence. C. Employer’s Liability with limits of at least one million dollars ($1,000,000). D Umbrella/Excess Liability Coverage in the amount of five million dollars ($5,000,000). E Workers’ Compensation insurance shall be maintained during the Term of this Franchise to comply with State law. 9.1.2 Additional Insured. The City shall be included as an additional insured under each of the insurance policies required in this Section except Workers’ Compensation and Employer’s Liability Insurance. Except for Workers’ Compensation and Employer’s Liability Insurance, all insurance policies required hereunder shall provide or be endorsed so that the City is covered as, and have the rights of, an additional insured with respect to liability arising out of activities performed by, or on behalf of, Grantee under this Franchise or applicable law, or in the construction, operation, upgrade, maintenance, repair, replacement or ownership of the Cable System. Grantee shall provide to the City either (1) a true copy of an endorsement covering the City as an Additional Insured for each insurance policy required in this Section and providing that such insurance shall apply as primary insurance on behalf of such Additional Insureds or (2) a true copy of the blanket additional insured clause from the policies. Receipt by the City of any certificate showing less coverage than required is not a waiver of Grantee’s obligations to fulfill the requirements. Grantee’s insurance coverage shall be primary insurance with respect to the City. Any insurance or self-insurance maintained by the Additional Insureds shall be in excess of Grantee’s insurance and shall not contribute to it. Grantee’s insurance shall apply separately to each insured against whom a claim is made or lawsuit is brought, except with respect to the limits of the insurer’s liability. 9.1.3 Coverage. Each policy shall provide that the insurance shall not be canceled or terminated so as to be out of compliance with these requirements without forty-five (45) days written notice first provided to the City via mail, and ten (10) days’ notice for nonpayment of any premium. Packet Page 148 of 369 City of Edmonds – Comcast Cable Franchise Agreement 32 If the insurance is canceled or terminated so as to be out of compliance with the requirements of this Franchise, Grantee shall provide a replacement policy. Grantee agrees to maintain continuous uninterrupted insurance coverage, in at least the amounts required, until all work required to be performed under the terms of this Franchise is satisfactorily completed and, in the case of Commercial General Liability Insurance, for at least one (1) year after expiration of this Franchise. Any failure of Grantee to comply with the claim reporting provisions of the policy(ies) or any breach of an insurance policy warranty shall not affect coverage afforded under the policy to protect the City. However, if coverage is not afforded under these circumstances, Grantee will indemnify the City for losses the City otherwise would have been covered for as an additional insured. 9.2 Alternative Insurance. Grantee shall not cancel any required insurance policy without obtaining alternative insurance in conformance with this Franchise. Each of the required insurance policies shall be with sureties qualified to do business in the State of Washington with an A- or better rating for financial condition and financial performance by Best Key Rating Guide, Property/Casualty Edition. 9.3 Verification of Coverage. In addition to the other requirements of this Section, Grantee shall furnish the City with certificates of insurance reflecting at least the minimum coverage and policy limits required hereunder. The certificates for each insurance policy are to be on standard forms or such forms as are consistent with standard industry practices, and are to be received by the City within forty-five (45) days of the time of acceptance of this Franchise by Grantee with existing insurance coverage to be maintained by Grantee until that date. Grantee hereby warrants that its insurance policies satisfy the requirements of this Franchise. 9.4 Indemnification. 9.4.1 Indemnity. Grantee agrees to indemnify, save and hold harmless, and defend the City, its elected officials, officers, authorized agents, boards and employees, acting in official capacity, from and against any liability, damages or claims, costs, expenses, settlements or judgments arising out of, or resulting from the granting of this Franchise or Grantee’s activities, any casualty or accident to Person or property that occurs as a result of any construction, excavation, operation, maintenance, reconstruction or any other act or omission done pursuant to the terms of this Franchise, provided that the City shall give Grantee timely written notice of its obligation to indemnify the City. Notwithstanding the foregoing, Grantee shall not indemnify the City to the extent that any damages, liability or claims resulting from the willful misconduct, concurrent negligence of the City, its officers, authorized agents, or employees, attorneys, consultants, or independent contractors for which the City is legally responsible, or for any activity or function conducted by any Person other than Grantee in connection with EG Access or EAS. 9.4.2 Defense of Claims. With respect to Grantee’s indemnity obligations set forth in this Section 9.4, Grantee shall provide the defense of any claims or actions brought against the City. Nothing herein shall be deemed to prevent the City from cooperating with Grantee and participating in the defense of any litigation by its own counsel at its own cost and Packet Page 149 of 369 City of Edmonds – Comcast Cable Franchise Agreement 33 expense; provided, however, that after consultation with the City, Grantee shall have the right to defend, settle or compromise any claim or action arising hereunder, and Grantee shall have the authority to decide the appropriateness and the amount of any such settlement. In the event that the terms of any such proposed settlement includes the release of the City, and the third party is willing to accept the settlement, but the City does not consent to the terms of any such settlement or compromise, Grantee shall not settle the claim or action, but its obligation to indemnify the City shall in no event exceed the amount of such settlement. 9.4.3 Separate Representation. If separate representation to fully protect the interests of both parties is necessary, such as a conflict of interest between the City and the counsel selected by Grantee to represent the City, Grantee shall pay reasonable attorneys’ fees and expenses incurred by the City in defending itself with regard to any action, suit or proceeding indemnified by Grantee. The City’s fees and expenses shall include all out-of-pocket expenses, such as consultants and expert witness fees, and shall also include the reasonable value of any services rendered by the City Attorney/Prosecuting Attorney’s Office or his/her assistants or any employees of the City or its agents but shall not include outside attorneys’ fees for services that are unnecessarily duplicative of services provided the City by Grantee. 9.4.4 Indemnification for Relocation. Subject to applicable law, Grantee shall indemnify the City, its elected officials, officers, authorized agents, boards and employees for any damages, claims, additional costs or expenses assessed against, or payable by, the City related to, arising out of, or resulting from the failure of Grantee or Grantee’s agents’ to remove, adjust or relocate any of its facilities in the Rights-of-Way in a timely manner in accordance with any relocation required by the City. 9.4.5 Duty of Defense. The fact that Grantee carries out any activities under this Franchise through independent contractors shall not constitute an avoidance of or defense to Grantee’s duty of defense and indemnification under this Section 9.4. 9.4.6 Indemnification of Grantee. To the extent permitted by law, the City shall indemnify, defend and hold harmless Grantee for claims arising out of the City’s use of the EG Access Channels and/or the Emergency Alert System. 9.4.7 Grantee’s Further Responsibilities. Grantee shall indemnify and hold harmless the City from any workers’ compensation claims to which Grantee may become subject during the Term of this Franchise. It is further specifically and expressly understood that, solely to the extent required to enforce the indemnification provided per this Franchise, Grantee waives its immunity under RCW Title 51; provided, however, the foregoing waiver shall not in any way preclude Grantee from raising such immunity as a defense against any claim brought against Grantee by any of its employees or other third party. This waiver has been mutually negotiated by the parties. 9.5 Security. Grantee shall provide a performance bond, in a form acceptable to the City, in the amount of Two Hundred Fifty thousand dollars ($250,000.00) (the “Security”) to ensure the faithful performance of its responsibilities under this Franchise and applicable law. Packet Page 150 of 369 City of Edmonds – Comcast Cable Franchise Agreement 34 Grantee may be required to obtain additional security, such as generally applicable construction bonds, in accordance with the City’s permitting requirements. Grantee shall pay all premiums or costs associated with maintaining the Security, and shall keep the same in full force and effect at all times and shall immediately replenish the bond upon foreclosure. Except as expressly provided herein or as otherwise specified in the City’s construction permitting requirements, the Grantee shall not be required to obtain or maintain other security as a condition of being awarded the Franchise. Grantee shall not cancel the performance bond without obtaining an alternative performance bond or letter of credit in conformance with this Franchise. Packet Page 151 of 369 City of Edmonds – Comcast Cable Franchise Agreement 35 SECTION 10. System Description and System Facilities 10.1 System Description. Prior to the Effective Date of this Franchise, the parties acknowledge that Grantee undertook a voluntary upgrade of its Cable System to a hybrid fiber coaxial (HFC) fiber-to-the-node system architecture, with fiber optic cable deployed from its headend to nodes and tying into a coaxial system serving Subscribers. The Cable System is capable of delivering high quality signals that meet or exceed FCC technical quality standards regardless of any particular manner in which the signal is transmitted. 10.2 Technological Improvements. Throughout the Term of this Franchise, Grantee shall provide additional Cable System facilities and equipment, expand Cable System Channel capacity and otherwise upgrade or rebuild its Cable System as required to incorporate improvements in technology as necessary to reasonably meet the needs and interests of the community, in light of the cost thereof. 10.3 Technical Requirement. Grantee shall operate, maintain and construct the Cable System so as to continue the provision of high quality signals and reliable delivery of Cable Services. The Cable System shall meet or exceed any and all technical performance standards of the FCC as published in subpart K of 47 C.F.R. §76, the National Electrical Safety Code, the National Electrical Code and any other applicable federal law and the laws of the State of Washington as amended (the “Technical Requirements”). 10.4 Cable System Performance Testing. Grantee shall perform all tests on its Cable System as required by the FCC (including at least one (l) test point located within the City) and shall maintain written records of its test results. Copies of such test results will be provided to the City upon request. Upon request, Grantee shall notify the City prior to any required technical proof of performance testing and, the City may witness such testing. If the Cable System fails to meet any portion of a proof of performance test, Grantee shall promptly take such measures as are necessary to correct any performance deficiencies identified as part of the technical testing. Sites shall be re-tested within five (5) days following correction until correction has been confirmed and satisfactory results are obtained. 10.5 Additional Tests. Where there exists a pattern of poor technical performance or signal quality, the City may upon thirty (30) days prior written notice, require Grantee to conduct performance testing on other test points located within the City. Grantee shall fully cooperate with the City in performing such testing and shall prepare the results and a report if requested, within thirty (30) days after such testing. This report shall include the following information: 10.5.1 The nature of the complaint or problem which precipitated the special tests; 10.5.2 The Cable System component tested; 10.5.3 The equipment used and procedures employed in testing; Packet Page 152 of 369 City of Edmonds – Comcast Cable Franchise Agreement 36 10.5.4 The method, if any, in which such complaint or problem was resolved; and 10.5.5 Any other information pertinent to said tests and analysis which may be required. 10.6 Standby Power. Grantee shall provide standby power generating capacity at the Cable System Headend capable of providing at least twelve (12) hours of emergency operation. Grantee shall maintain standby power supplies that supply back-up power for at least two (2) hours duration throughout the distribution networks and four (4) hours duration at all nodes and hubs. 10.7 Emergency Alert System. The Grantee shall provide an operating Emergency Alert System in accordance with the provisions of State and federal laws, including FCC regulations. Packet Page 153 of 369 City of Edmonds – Comcast Cable Franchise Agreement 37 SECTION 11. Educational and Governmental Access 11.1 Access Channels. In order to meet the demonstrated community need for Access Channels and programming, Grantee shall make available in the City a total of five (5) channels of regional Public, Educational and Government Access programming. As of the effective date of this Franchise, the Grantee shall also provide two (2) City Access Channels (Channels 21 and 26 to Subscribers within the Franchise Area. Channel 21 is a Government Access Channel being programmed by the City and Channel 26 is the City educational Channel currently being programmed by Edmonds Community College. Both parties acknowledge that the five (5) other government and educational channels currently available for viewing in the City are being programmed with programming from regional programmers from outside of the City. Channel 23 is a government programming channel, receiving a feed from the state of Washington (TV Washington). Channel 27 is an educational channel, receiving a feed from the University of Washington (UWTV). Channel 28 is an educational channel, receiving a feed from Bellevue Community College. Channel 76 is an educational channel receiving a programming feed from the University of Washington (UWTV2). Channel 77 is a Seattle Public Access Channel, receiving a feed from Seattle Community Media. Grantee agrees that it will continue making these five (5) regional access channels available to Subscribers within the Franchise Area throughout the term of this Franchise so long as those channels are available for regional distribution. Nothing in this Franchise prevents the City from collaborating with another neighboring community(s), serviced by the Grantee, to facilitate the City’s needs for Access programming. The Channel(s) shall be made available at no extra charge to Subscribers on Grantee’s Basic Service Tier (the lowest tier of service). 11.2 Change in Cable System Technology. In the event Grantee makes any change in the Cable System technology, which affects the signal quality or transmission of any Access Channel programming, Grantee shall take all necessary technical steps to ensure the delivery of Access programming is not diminished or adversely affected. 11.3 Triggers for Additional Access Channel. The City may require Grantee to make available one (1) additional activated Downstream Channel, up to a maximum of three (3) channels (excluding the five (5) regional access channels), when any of the City Access Channels required by Section 11.1 are used for Locally Scheduled Original Programming at least forty-eight (48) hours per week between 10:00 A.M. and 10:00 P.M., Monday through Friday during any consecutive ten (10) week period (“Threshold Requirement”). The initial showing and first repeat shall count towards the Threshold Requirement. To meet the Threshold Requirement the City must produce distinct Locally Scheduled Original Programming. Programming from either of the Access Channels cannot be included in the calculation of the Threshold Requirement. 11.4 Management and Control of Access Channels. Grantee does not have any editorial control over the Access Channel programming. The City may authorize Designated Access Providers to control, operate, and manage the use of any and all Access facilities Packet Page 154 of 369 City of Edmonds – Comcast Cable Franchise Agreement 38 provided by Grantee under this Franchise, including, without limitation, the operation of the Access Channels. The City or its designee may formulate rules for the operation of the Access Channels. Nothing herein shall prohibit the City from authorizing itself to be a Designated Access Provider. Grantee shall cooperate with the City and Designated Access Providers in the use of the Cable System for the provision of Access Channels. 11.5 Underutilized Access Channels. Grantee and the City agree that it is their mutual goal to fully and efficiently use the Channel capacity of the Cable System, which may include Grantee’s use of underutilized Access Channels. If Grantee believes that any Access Channel is underutilized, it may file a request with the City to use that Access Channel. The City shall in its sole discretion render a decision regarding the matter within sixty (60) days of receiving the request. Should the City find that the Access Channel may be used by Grantee, then Grantee may begin using such Channel ninety (90) days after receipt of the decision. If the City or a Designated Access Provider wants to begin using the Channel again, then upon ninety (90) days written notice from the City, Grantee shall discontinue using the Access Channel. 11.6 Access Channel Location. Grantee will use reasonable efforts to minimize the movement of Access Channel assignments and shall locate the access channels in close proximity to other basic service tier channels. Grantee shall provide to the City a minimum of sixty (60) days notice, and use its best efforts to provide ninety (90) day’s notice, prior to any relocation of its Access Channels, unless the change is required by federal law, in which case Grantee shall give the CITY the maximum notice possible. In the event of Access Channel relocation, Grantee shall provide notice to Subscribers in the same manner as notice is provided for any other Channel relocation. 11.7 Support for Access. In an effort to meet the demonstrated community need for Access programming, Grantee shall collect from Subscribers and remit to the City an EG Fee that may be used for lawful Access expenditures. 11.7.1 Upon forty-five (45) days from the Effective Date hereof, Grantee shall collect from Subscribers an amount of thirty-five cents ($0.35) per Subscriber per month (“EG Fee”). That amount may be lowered or waived by the City at any time. Grantee shall remit the EG Fee at the same time as quarterly Franchise Fee payments. 11.7.2 Grantee shall not be responsible for paying the EG Fees with respect to gratis or Bad Debt accounts. The City can inquire as to the status of any such accounts, and Grantee agrees to meet with the City, upon request, to discuss such matters as necessary. 11.7.3 The City shall have the discretion to allocate the EG Fees in accordance with applicable law. EG contributions shall be used by the City in lawful support of Access programming. To the extent the City makes Access EG investments using City funds prior to receiving the EG Fee or EG contribution funds, the City is entitled to apply the subsequent EG contribution payments from Grantee toward such City EG investments. Upon the Grantee’s written request, the City shall submit a report annually on the use of the City specific EG Fee. The City shall submit a report to the Grantee within one hundred twenty (120) days of a written Packet Page 155 of 369 City of Edmonds – Comcast Cable Franchise Agreement 39 request. The Grantee may review the records of the City regarding the use of the EG Fee. The City and Grantee agree that any EG Contribution shall be referred to on Subscriber bills as an “EG fee” or language substantially similar thereto. 11.7.4 The EG Fees provided for in this Section shall not be offset or credited against any Franchise Fee payments. 11.8 Return Connectivity. 11.8.1 Prior to the commencement of this Franchise, Grantee constructed and has maintained or will construct and maintain a fiber optic return line from the City’s EG origination site to its headend. Upon written request of the City, Grantee may construct and maintain additional EG origination sites at other locations within the Franchise Area, for the purpose of delivering Access programming. All costs for fiber optic connectivity to additional EG origination sites shall be paid by the City in advance of construction. All requests for construction of additional EG origination sites must be made one year prior to when construction would occur. Grantee may require that a reasonable deposit of the estimated project cost be paid in advance. 11.8.2 Upon completion of the requested work by the City and upon submission by Grantee of a proper invoice for payment of the cost incurred, the City shall pay Grantee within thirty (30) days of receipt. All work shall be performed in a cost-effective manner to minimize the costs to the City. 11.9 Interconnection with Edmonds Community College For purpose of providing educational programming to the City as programming for the City Educational channel the interconnection with Edmonds Community College, which is located in Lynnwood WA, shall be maintained for the term of the Franchise at no additional cost to the City. 11.9.1 Interconnection with Other Cities. Grantee shall within six (6) months of written notice from the City interconnect the Access Channels of the Cable System with any other geographically adjacent Cable System not owned or operated by Grantee upon the directive of the City and approval of the Grantee and owner of the other Cable System for purposes of transmitting EG programming. Interconnections under this subsection shall be located at the City’s EG origination site or at another location mutually agreed upon by the City and Grantee. Packet Page 156 of 369 City of Edmonds – Comcast Cable Franchise Agreement 40 SECTION 12. Enforcement of Franchise 12.1 Notice of Violation or Default. In the event the City believes that Grantee has not complied with a term or provision of the Franchise, the City shall reasonably endeavor to informally discuss the matter with Grantee. If these discussions do not lead to resolution of the problem within a reasonable time frame, the City shall then notify Grantee in writing of the exact nature of the alleged noncompliance (the “Noncompliance Notice”). 12.2 Grantee’s Right to Cure or Respond. Grantee shall have thirty (30) days from the receipt of the City’s Noncompliance Notice: (A) to respond to the City, contesting the assertion of the alleged noncompliance or default; (B) to cure such default; or (C) in the event that, by nature of the default, such default cannot be cured within the thirty (30) day period, initiate reasonable steps to remedy such default and notify the City of the steps being taken and the projected date that they will be completed. 12.3 Meeting. In the event Grantee fails to respond to the City’s Noncompliance Notice or that the alleged default is not remedied within thirty (30) days or the date projected by Grantee (provided such projection is also acceptable to the City), the City shall set a meeting to investigate said issues and the existence of the alleged default. The City shall notify the Grantee of the meeting in writing and such meeting shall take place no less than thirty (30) days after Grantee’s receipt of the meeting notice. At the meeting the Grantee shall be provided an opportunity to be heard and to present evidence in its defense. The Grantee may request the attendance of the Mayor, or his/her designee, at this meeting. 12.4 Options Following Meeting. If, after the meeting, the City determines that a default exists, Grantee and the City may agree on a plan and schedule to cure the default. Absent such agreement, the City shall order Grantee to correct or remedy the default or breach within such reasonable timeframe as the City shall determine. In the event Grantee does not cure the default within such time to the City’s reasonable satisfaction, the City may: 12.4.1 Pursue the revocation of this Franchise pursuant to the procedures in Section 13 in the event of a material breach of this Franchise; or 12.4.2 Pursue any other legal or equitable remedy available under this Franchise or any applicable law. Packet Page 157 of 369 City of Edmonds – Comcast Cable Franchise Agreement 41 SECTION 13. Liquidated Damages 13.1 Liquidated Damages. The City and Grantee recognize the delays, expense and unique difficulties involved in proving in a legal proceeding the actual loss suffered by the City as a result of Grantee’s breach of certain provisions of this Franchise. Accordingly, instead of requiring such proof, the City and Grantee agree that Grantee shall pay to the City, the sums set forth below for each day or part thereof that Grantee shall be in breach of specific provisions of this Franchise. Such amounts are agreed to by both parties as a reasonable estimate of the actual damages the City would suffer in the event of Grantee’s breach of such provisions of this Franchise. 13.1.1 Subject to the provision of written notice to Grantee and a thirty (30) day right to cure period, the City may assess against Grantee liquidated damages as follows: one hundred dollars ($100.00) per day for failure to provide the Access Channel(s); one hundred fifty dollars ($150.00) per day for each material violation of the Customer Service Standards; fifty dollars ($50.00) per day for failure to provide reports or notices as required by this Franchise; and up to two hundred fifty dollars ($250.00) per day for any other material breaches of the Franchise. 13.1.2 The City shall provide Grantee a reasonable extension of the thirty (30) day right to cure period described in Section 13.1.1 if Grantee has commenced work on curing the violation, is diligently and continuously pursuing the cure to completion and requested such an extension, provided that any such cure is completed within one hundred and twenty (120) days from t he written notice of default. 13.1.3 Liquidated damages may be assessed for no more than seventy-five (75) calendar days for any individual incident. 13.1.4 In the event Grantee fails to cure within the specified cure period, or any agreed upon extensions thereof, liquidated damages accrue from the date the City notifies Grantee that there has been a violation. 13.2 Recovery of Amounts. The recovery of amounts under Section 9.5 and 13.1.1 shall not be construed as a limit on the liability of Grantee under the Franchise or an excuse of unfaithful performance of any obligation of Grantee. Similarly, the imposition of liquidated damages are not intended to be punitive, but rather, for the City cost recovery purposes. 13.3 Cumulative Rights. Subject to applicable law, all rights and remedies given to the City by this Franchise or retained by the City herein shall be in addition to and cumulative with any and all other rights and remedies, existing or implied, now or hereafter available to the City, at law or in equity, and such rights and remedies shall not be exclusive, but each and every right and remedy specifically given by this Franchise or otherwise existing or given may be exercised from time to time and as often and in such order as may be deemed expedient by the City and the exercise of one or more rights or remedies shall not be deemed a waiver of the right to exercise at the same time or thereafter any other right or remedy. Packet Page 158 of 369 City of Edmonds – Comcast Cable Franchise Agreement 42 SECTION 14. Termination of Franchise 14.1 Revocation. This Franchise may be revoked and all rights and privileges rescinded if: 14.1.1 There is an uncured violation of any material obligation under this Franchise; 14.1.2 Grantee attempts to evade any material provision of this Franchise or to practice any fraud or deceit upon the City or Subscribers; 14.1.3 Grantee makes a material misrepresentation of fact in the negotiation of this Franchise; 14.1.4 There is a foreclosure or involuntary sale of the Cable System; 14.1.5 Grantee willfully fails to provide services as specified in this Franchise; 14.1.6 Grantee becomes insolvent or if there is an assignment for the benefit of Grantee’s creditors; or 14.1.7 There is a pattern or practice of material violation of any requirement of this Franchise. 14.2 Grantee Without Fault. Notwithstanding Section 14.1, none of the foregoing shall constitute a material violation or breach if Grantee is without fault or if the violation or breach occurs as a result of circumstances beyond Grantee’s reasonable control. Grantee shall bear the burden of proof in establishing the existence of such circumstances. 14.3 Revocation Notice. Should the City seek to revoke this Franchise after following the procedures set forth in this Section 14, the City shall give written notice to Grantee of such intent to revoke this Franchise. This notice of intent to revoke (“Revocation Notice”) is in addition to the Noncompliance Notice pursuant to Section 12.1. The Revocation Notice shall set forth the specific nature of the noncompliance. Grantee shall have thirty (30) days from receipt of such Revocation Notice to object in writing and to state its reasons for such objection. In the event the City has not received a satisfactory response from Grantee, it may then seek revocation of the Franchise at a public hearing before the City Council or City Council appointed Hearing Examiner (the “Revocation Hearing”). The City shall cause to be served upon Grantee at least thirty (30) days prior to the Revocation Hearing a written notice specifying the time and place of such hearing and stating its intent to revoke the Franchise. 14.4 Revocation Hearing. At the Revocation Hearing, Grantee shall be provided a fair opportunity for full participation, including the right to be represented by legal counsel, to introduce relevant evidence, to require the production of evidence, to compel the testimony of Persons as permitted by law, and to question and/or cross examine witnesses. The public hearing Packet Page 159 of 369 City of Edmonds – Comcast Cable Franchise Agreement 43 shall be on the record and a written transcript shall be made available to Grantee within ten (10) business days. 14.5 Findings and Conclusions. Following the Revocation Hearing, the City Council shall determine (i) whether an event of default has occurred; (ii) whether such event of default is excusable; and (iii) whether such event or default has been cured or will be cured by Grantee. The City shall also determine whether to revoke the Franchise based on the information presented or, where applicable, grant additional time to Grantee to effect any cure. If the City determines that the Franchise shall be revoked, the City shall promptly provide Grantee with a written decision setting forth its reasoning. 14.6 Appeal. Grantee may appeal the determination of the City made pursuant to Section 14.5 to an appropriate court. Grantee shall be entitled to such relief as the court finds appropriate. Such appeal must be taken within thirty (30) days of Grantee’s receipt of the determination of the City. If the Grantee appeals a decision to revoke the franchise, such revocation may be held in abeyance pending judicial review by a court of competent jurisdiction; provided that the Grantee is otherwise in compliance with the Franchise, including but not limited to continuing to pay Franchise Fees in accordance with Section 7.1. 14.7 Enforcement in Lieu of Revocation. The City may, at its sole discretion, take any lawful action which it deems appropriate to enforce the City’s rights under the Franchise in lieu of revocation of the Franchise. 14.8 Technical Violation. The City agrees that it is not its intention to subject Grantee to penalties, fines, forfeitures or revocation of the Franchise for so-called “technical” breach(es) or violation(s) of the Franchise, which shall include, but not be limited, to the following: 14.8.1 Instances or matters where a violation or a breach of the Franchise by Grantee was good faith error that resulted in no or minimal negative impact on the Subscribers within the Franchise Area or on the City; or 14.8.2 Where there existed circumstances reasonably beyond the control of Grantee and which precipitated a violation by Grantee of the Franchise, or which were deemed to have prevented Grantee from complying with a term or condition of the Franchise. Packet Page 160 of 369 City of Edmonds – Comcast Cable Franchise Agreement 44 SECTION 15. Miscellaneous Provisions 15.1 Authority and Changes in the Law. The City shall be vested with the power and right to administer and enforce the requirements of this Franchise and the regulations and requirements of applicable law, including the Cable Act, or to delegate that power and right, or any part thereof, to the extent permitted under law, to any agent in the sole discretion of the City. Grantee and the City shall be entitled to all rights and be bound by all changes in local, State and federal law that occur subsequent to the Effective Date of this Franchise. Grantee and the City acknowledge that their rights and obligations under this Franchise are explicitly subject to all such changes. 15.2 Actions of Parties. In any action by the City or Grantee that is mandated or permitted under the terms hereof, such party shall act in a reasonable, expeditious, and timely manner. Furthermore, in any instance where approval or consent is required under the terms hereof, such approval or consent shall not be unreasonably withheld, delayed or conditioned. 15.3 Amendments. Amendments to this Franchise shall be mutually agreed upon, in writing by the parties. 15.4 Application Fee. Grantee shall pay the City a reasonable Application Renewal Fee of Ten Thousand dollars ($10,000) (the “Application Fee”) which may be used for any lawful purpose. The Application Fee shall be payable within sixty (60) days of the Effective Date of this Franchise. Grantee may recover or offset this amount through future franchise fees, in accordance with federal law. 15.5 Attorneys’ Fees. If any action or suit arises in connection with this Franchise (excluding Franchise renewal proceedings), the substantially prevailing party shall be entitled to recover all of its reasonable attorneys’ fees, costs and expenses in connection therewith along with such other relief that the court deems proper. 15.6 Binding Acceptance. This Franchise shall bind and benefit the parties hereto and their respective successors and assigns. 15.7 Captions. The captions and headings of Sections throughout this Franchise are intended solely to facilitate reading and reference to the sections and provisions of this Franchise. Such captions shall not affect the meaning or interpretation of this Franchise. 15.8 Costs to be Borne by Grantee. Grantee shall pay all costs of publication of this Franchise and any and all notices prior to any public meeting or hearing in connection with this Franchise. 15.9 Counterparts. This Franchise may be executed in several counterparts, each of which when so executed shall be deemed to be an original copy, and all of which together shall constitute one agreement binding on all parties hereto, notwithstanding that all parties shall not have signed the same counterpart. Packet Page 161 of 369 City of Edmonds – Comcast Cable Franchise Agreement 45 15.10 Entire Franchise. This Franchise, including the Exhibit, embodies the entire understanding and agreement of the City and Grantee with respect to the subject matter hereof and supersedes all prior understandings, agreements and communications, whether written or oral. 15.11 Force Majeure. Grantee shall not be held in default under, or in noncompliance with, the provisions of the Franchise, nor suffer any enforcement or penalty relating to noncompliance or default (including termination, cancellation or revocation of the Franchise), where such noncompliance or alleged defaults occurred or were caused by strike, riot, war, earthquake, flood, tidal wave, unusually severe rain or snow storm, hurricane, tornado or other catastrophic act of nature, labor disputes, failure of utility service necessary to operate the Cable System, governmental, administrative or judicial order or regulation or other event that is reasonably beyond Grantee’s ability to anticipate or control. This provision also covers work delays caused by waiting for utility providers to service or monitor their own utility poles on which Grantee’s cable or equipment is attached, as well as unavailability of materials or qualified labor to perform the work necessary. 15.12 Governing Law. This Franchise shall be governed, construed and enforced in accordance with the laws of the State of Washington as amended, federal law including the Cable Act as amended, any applicable rules, regulations and orders of the FCC as amended and applicable local laws now existing or hereafter amended or adopted. 15.13 Equal Employment Opportunity. Grantee shall comply with all applicable federal and State laws affording nondiscrimination in employment to all individuals regardless of their race, color, religion, age, sex, national origin, sexual orientation or physical disability. 15.14 Modification. No provision of this Franchise shall be amended or otherwise modified, in whole or in part, except by an instrument in writing, duly executed by the City and Grantee, which amendment shall be authorized on behalf of the City through the adoption of an appropriate resolution, ordinance or order by the City, as required by applicable law. 15.15 No Joint Venture. Nothing herein shall be deemed to create a joint venture or principal-agent relationship between the parties, and neither party is authorized to, nor shall either party act toward third Persons or the public in any manner that would indicate any such relationship with the other. Packet Page 162 of 369 City of Edmonds – Comcast Cable Franchise Agreement 46 15.16 Notices. All notices shall be in writing and shall be sufficiently given and served upon the other party by hand delivery, first class, registered or certified mail, return receipt requested, postage prepaid, or by reputable overnight courier service and addressed as follows: To the City: 121 5th Avenue North Edmonds, WA 98020 Attn: City Clerk To the Grantee: Comcast of Washington LLC 15815 25th Ave. W. Lynnwood, WA 98087 Attn.: Government Affairs Dept. with a copy to: Comcast of Washington LLC 1525 75th St. S.W. Everett, WA 98203 Attn: Government Affairs Dept. 15.17 No Third-Party Beneficiaries. Nothing in this Franchise is or was intended to confer third-party beneficiary status on any Person or any member of the public to enforce the terms of this Franchise. 15.18 Reservation of Rights. Nothing in this Franchise shall be construed as a waiver of any rights, substantive or procedural, Grantee or the City may have under Federal or State law unless such waiver is expressly stated herein. 15.19 Preemption. In the event that federal or State law preempts a provision or limits the enforceability of a provision of this Franchise, the provision shall be read to be preempted to the extent required by law. In the event such federal or State law is subsequently repealed, rescinded, amended or otherwise changed so that the provision hereof that had been preempted is no longer preempted, such provision shall thereupon return to full force and effect, and shall thereafter be binding on the parties hereto, without the requirement of further action on the part of the City or Grantee. 15.20 Recitals. The recitals set forth in this Franchise are incorporated into the body of this Franchise as if they had been originally set forth herein. 15.21 Severability. If any section, subsection, sentence, clause, phrase, or other portion of this Franchise is, for any reason, declared invalid, in whole or in part, by any court, Packet Page 163 of 369 City of Edmonds – Comcast Cable Franchise Agreement 47 agency, commission, legislative body, or other authority of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent portion. Such declaration shall not affect the validity of the remaining portions hereof, which other portions shall continue in full force and effect. 15.22 Venue. The venue for any dispute related to this Franchise shall be the United States District Court for the Western District of Washington, or the Snohomish County Superior Court. 15.23 Waiver. The failure of either party at any time to require performance by the other of any provision hereof shall in no way be a waiver thereof unless specifically waived in writing. Nor shall the waiver by either party of any breach of any provision hereof be taken or held to be a waiver of any succeeding breach of such provision, or as a waiver of the provision itself or any other provision. 15.24 Independent Review; Construction. The City and Grantee each acknowledge that they have had opportunity to receive independent legal advice in entering into this Franchise and that both the City and Grantee understand and fully agree to each and every provision of this Franchise. The rule of construction requiring ambiguities to be construed against the drafting party sh all have no applicability. Packet Page 164 of 369 City of Edmonds – Comcast Cable Franchise Agreement 48 IN WITNESS WHEREOF, this Franchise has been executed by the duly authorized representatives of the parties as set forth below, as of the date set forth above: THE CITY OF EDMONDS By: ___________________________ Name: _________________________ Title: __________________________ COMCAST _____________________ By:_____________________________ Name:___________________________ Title:____________________________ Approved as to form: _________________________________ City Attorney Attest: _________________________________ City Clerk Packet Page 165 of 369 City of Edmonds – Comcast Cable Franchise Agreement 49 Exhibit A Customer Service Standards FCC Customer Service Standards Grantee shall comply in all respects with the following customer service requirements established by the §76.309 of the FCC’s rules and regulations: (1) Cable System office hours and telephone availability: (i) The cable operator will maintain a local, toll-free or collect call telephone access line which will be available to its Subscribers twenty-four (24) hours a day, seven (7) days a week. (A) Trained company representatives will be available to respond to customer telephone inquiries during Normal Business Hours. (B) After Normal Business Hours, the access line may be answered by a service or an automated response system, including an answering machine. Inquiries received after Normal Business Hours must be responded to by a trained company representative on the next business day. (ii) Under Normal Operating Conditions, telephone answer time by a customer representative, including wait time, shall not exceed thirty (30) seconds when the connection is made. If the call needs to be transferred, transfer time shall not exceed thirty (30) seconds. These standards shall be met no less than ninety percent (90%) of the time under Normal Operating Conditions, measured on a quarterly basis. (iii) The operator shall not be required to acquire equipment or perform surveys to measure compliance with the telephone answering standards above unless an historical record of complaints indicates a clear failure to comply. (iv) Under Normal Operating Conditions, the customer will receive a busy signal less than three percent (3%) of the time. (v) Customer service center and bill payment locations will be open at least during Normal Business Office Hours and will be conveniently located. (2) Installations, Outages and Service Calls. Under Normal Operating Conditions, each of the following standards will be met no less than ninety five percent (95%) of the time measured on a quarterly basis: Packet Page 166 of 369 City of Edmonds – Comcast Cable Franchise Agreement 50 (i) Standard Installations will be performed within seven (7) business days after an order has been placed. "Standard" Installations are those that are located up to one hundred twenty-five (125) feet from the existing distribution system. (ii) Excluding conditions beyond the control of the operator, the cable operator will begin working on "Service Interruptions" promptly and in no event later than twenty-four (24) hours after the interruption becomes known. The cable operator must begin actions to correct other Service problems the next business day after notification of the Service problem. (iii) The "appointment window" alternatives for Installations, Service calls, and other Installation activities will be either a specific time or, at maximum, a four (4) hour time block during Normal Business Hours. (The operator may schedule Service calls and other Installation activities outside of Normal Business Hours for the express convenience of the customer.) (iv) An operator may not cancel an appointment with a customer after the close of business on the business day prior to the scheduled appointment. (v) If a cable operator representative is running late for an appointment with a customer and will not be able to keep the appointment as scheduled, the customer will be contacted. The appointment will be rescheduled, as necessary, at a time which is convenient for the customer. (3) Communications between Cable operators and Subscribers: (i) Refunds. Refund checks will be issued promptly, but no later than either: (A) The customer’s next billing cycle following resolution of the request or thirty (30) days, whichever is earlier, or (B) The return of the equipment supplied by the cable operator if service is terminated. (ii) Credits. Credits for Service will be issued no later than the customer's next billing cycle following the determination that a credit is warranted. Packet Page 167 of 369 City of Edmonds – Comcast Cable Franchise Agreement 51 Exhibit B City of Edmonds Public Buildings Public Safety Building 250 Fifth Avenue North Police Department Public Safety – City Council Chambers Origination/Broadcast Room Edmonds City Hall 121 Fifth Avenue North Mayor’s Office Admin/City Clerk Meeting Room 3rd Floor Conference Finance Department Old Public Works Building 200 Dayton Street Public Works Facility 7110 210th Street SW Anderson Center 700 Main Street Edmonds Center for the Arts City EOC Support Site 410 4th Avenue North Edmonds Public Library 650 Main Street Fire Station No.16 8429 196th St SW Fire Station No. 20 23009 88th Avenue West Fire Station No. 17 275 6th Avenue North Building & Parks Maintenance 600 Third Avenue S. Meadowdale Clubhouse 6801 North Meadowdale Road Edmonds Senior Center 220 Railroad Avenue Port of Edmonds Administration Office 336 Admiral Way Packet Page 168 of 369 City of Edmonds – Comcast Cable Franchise Agreement 1 Exhibit C Educational Facilities Chase Lake Elementary 21603 84th Avenue West Edmonds Elementary 1215 Olympic Avenue Maplewood Center (Special Education) Edmonds School District 20100 84th Avenue West Seaview Elementary 8426 188th SW Sherwood Elementary 22901 106th Avenue Westgate Elementary 9601 220th SW Woodway Elementary 9521 240th SW Madrona School 9300 236th SW Maplewood Parent Coop (K-8) 8500 200th SW Edmonds-Woodway High School 23200 100th Avenue West Scriber Lake High School 23200 100th Avenue W., Edmonds Meadowdale High School 6002 168th St SW, Lynnwood, WA Meadowdale Middle School 6500 168th St SW, Lynnwood, WA Meadowdale Elementary School 6505 168th St SW Packet Page 169 of 369    AM-5323     10. B.              City Council Meeting and Committee Meetings Meeting Date:12/11/2012 Time:15 Minutes   Submitted For:Shawn Hunstock Submitted By:Debra Sharp Department:Finance Committee: Finance Type: Action Information Subject Title 2012 Budget Amendment Recommendation Forward to full Council for approval Previous Council Action None Narrative This is the final budget amendment for 2012.   There are two amendments related to funds that were over budget in 2011 and are on track to be over budget again if an amendment is not made.  The first amendment is related to the Transportation Benefit District Fund and the second is the Employee Parking Permit Fund.   Two other amendments are related to the 2012 refunding debt issue.  The Finance Department would like to record the activity in a debt service fund and there is currently no budget appropriation. There are two amendments related to the General Fund.  The first is related to the Engineering Department salary and benefit line items.  The second is a transfer of donation money receipted into the General Fund related to the Historic Preservation Commission calendar project.  Now that a fund has been established for the commission, they would like the money transferred to the 014 Fund. The Equipment Rental Fund has two budget amendments.  The first is due to the retirement of the Fleet Manager and the second is due to higher fuel costs. Attachments 2012 December Budget Amendment Form Review Inbox Reviewed By Date Finance Shawn Hunstock 12/06/2012 08:15 AM City Clerk Sandy Chase 12/06/2012 11:45 AM Mayor Dave Earling 12/06/2012 07:56 PM Finalize for Agenda Sandy Chase 12/07/2012 08:28 AM Form Started By: Debra Sharp Started On: 12/05/2012 06:14 PM Final Approval Date: 12/07/2012  Packet Page 170 of 369 1 ORDINANCE NO. _______ AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING ORDINANCE NO. 3898 AS A RESULT OF UNANTICIPATED TRANSFERS AND EXPENDITURES OF VARIOUS FUNDS, CREATING A NEW CONTINGENCY RESERVE FUND, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, previous actions taken by the City Council require Interfund Transfers and increases in appropriations; and WHEREAS, state law requires an ordinance be adopted whenever money is transferred from one fund to another; and WHEREAS, the City Council has reviewed the amended budget appropriations and information which was made available; and approves the appropriation of local, state, and federal funds and the increase or decrease from previously approved programs within the 2012 Budget; and WHEREAS, the applications of funds have been identified; THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Section 1 of Ordinance No. 3898 adopting the final budget for the fiscal year 2012 is hereby amended to reflect the changes shown in Exhibits A, B, C, D, and E hereto, which exhibits are incorporated herein by this reference. Section 2. the City Council authorizes the Finance Director to create a new Debt Service Fund – 2012 LTGO Debt Service Fund (231) and close the LTGO Bond Debt Service Packet Page 171 of 369 2 Fund (234). The 2012 LTGO Debt Service Fund (231) appropriation shall be as set forth in the attached exhibits. Section 3. Effective Date. This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum, and shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. APPROVED: MAYOR, DAVE EARLING ATTEST/AUTHENTICATE: CITY CLERK, SANDRA S. CHASE APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY ___ JEFF TARADAY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. Packet Page 172 of 369 3 SUMMARY OF ORDINANCE NO. __________ of the City of Edmonds, Washington On the ____ day of ___________, 2012, 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, AMENDING ORDINANCE NO. 3898 AS A RESULT OF UNANTICIPATED TRANSFERS AND EXPENDITURES OF VARIOUS FUNDS, CREATING A NEW CONTINGENCY RESERVE FUND, 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 ________________,2012. CITY CLERK, SANDRA S. CHASE Packet Page 173 of 369 EXHIBIT “A”: Budget Amendments by Revenue (December 2012) 4 ORD. NO. ORD. NO. ORD. NO. ORD. NO. ORD. NO. ORD. NO. ORD. NO. ORD. NO. 2012 FUND FUND 3861 3882 3886 3891 3893 3897 3898 Amended NO.DESCRIPTION 11/22/2011 4/27/2012 5/25/2012 7/27/2012 8/31/2012 10/23/2012 11/20/2012 Dec 2012 Budget 001 General Fund 33,006,588$ 7,930$ -$ 2,656$ -$ -$ 11,204$ (690)$ 33,027,688$ 004 Criminal Investigations - - - - - - - - - 006 Emergency/Financial Reserve - - - - - - - - - 009 Leoff-Medical Ins. Reserve 600,550 - - - - - - - 600,550 010 Reserve Fund 2,200 - - - - - - - 2,200 011 Risk Management Reserve Fund - - - 244,000 - - - - 244,000 012 Contingency Reserve Fund - - - - 5,282,000 - - - 5,282,000 014 Historic Preservation Gift Fund - - - - - 10,000 - 690 10,690 104 Drug Enforcement Fund 28,200 - - - - 2,500 - - 30,700 111 Street Fund 1,313,650 - - - - - - 45,000 1,358,650 112 Combined Street Const/Improve 2,006,864 - - - 833,238 - 1,800 - 2,841,902 113 Multimodal Transportation Fd.- - - - - - - - - 116 Building Maintenance 56,860 - - - - - - - 56,860 117 Municipal Arts Acquis. Fund 58,325 - - - - - 7,643 3,172 69,140 118 Memorial Street Tree 28 - - - - - 140 - 168 120 Hotel/Motel Tax Revenue Fund 69,200 - - (17,250) - - - - 51,950 121 Employee Parking Permit Fund 20,140 - - - - - - - 20,140 122 Youth Scholarship Fund 2,525 - - - - - - - 2,525 123 Tourism Promotional Fund/Arts 19,000 - - - - - 5,500 - 24,500 125 Park Acq/Improvement 590,850 77,000 103,000 - - - 85,143 - 855,993 126 Special Capital Fund 590,800 - - - - - - - 590,800 127 Gifts Catalog Fund 10,759 - - - - - 11,204 - 21,963 129 Special Projects Fund 313,004 169,000 - - - - - - 482,004 130 Cemetery Maintenance/Improv 119,850 - - - - - - - 119,850 132 Parks Construction 1,185,000 104,414 - - - - 115,824 - 1,405,238 136 Parks Trust Fund 177 - - - - - - - 177 137 Cemetery Maintenance Trust Fd 14,600 - - - - - - - 14,600 138 Sister City Commission 5,230 - - - - - - - 5,230 211 Lid Fund Control 46,700 - - - - - - - 46,700 213 Lid Guaranty Fund 46,725 105,000 - - - - - - 151,725 231 2012 LTGO Debt Service fund - - - - - - - 9,363,474 9,363,474 234 Ltgo Bond Debt Service Fund 478,573 - - - - - - - 478,573 411 Combined Utility Operation 15,306,920 150,000 - - - - 4,920 - 15,461,840 412 Combined Utility Const/Improve 7,888,400 - - - - - - - 7,888,400 414 Capital Improvements Reserve 1,126,377 457,012 - - - - - - 1,583,389 511 Equipment Rental Fund 1,076,456 - - - - 111,700 - - 1,188,156 617 Firemen'S Pension Fund 94,423 - - - - - - - 94,423 631 Transportation Benefit District 600,000 - - - - - - 45,000 645,000 Totals 66,678,974$ 1,070,356$ 103,000$ 229,406$ 6,115,238$ 124,200$ 243,378$ 9,456,646$ 84,021,198$ Packet Page 174 of 369 EXHIBIT “B”: Budget Amendments by Expenditure (December 2012) 5 ORD. NO. ORD. NO. ORD. NO. ORD. NO. ORD. NO. ORD. NO. ORD. NO. ORD. NO. 2012 FUND FUND 3861 3882 3886 3891 3893 3897 3898 Amended NO.DESCRIPTION 11/22/2011 4/27/2012 5/25/2012 7/27/2012 8/31/2012 10/23/2012 11/20/2012 Dec 2012 Budget 001 General Fund 32,949,288$ 211,384$ 103,000$ 2,656$ 2,015,000$ 148,809 354,365 24,000 35,808,502$ 004 Criminal Investigations - - - - - 2,500 - - 2,500 006 Emergency/Financial Reserve - - - - 1,927,600 - - - 1,927,600 009 Leoff-Medical Ins. Reserve 619,811 - - - - - - - 619,811 010 Reserve Fund - - - - 1,339,400 - - - 1,339,400 011 Risk Management Reserve Fund - - - - - - - - 012 Contingency Reserve Fund - - - - - - - - - 014 Historic Preservation Gift Fund - - - - - 8,500 - - 8,500 104 Drug Enforcement Fund 80,233 - - - - - - - 80,233 111 Street Fund 1,604,948 20,200 - - - 6,600 - 45,000 1,676,748 112 Combined Street Const/Improve 2,075,625 31,803 - - 833,238 - 1,800 - 2,942,466 113 Multimodal Transportation Fd.- - - - - - - - - 116 Building Maintenance 245,000 - - - - - - - 245,000 117 Municipal Arts Acquis. Fund 134,550 - - - - - - - 134,550 118 Memorial Street Tree - - - - - - 140 - 140 120 Hotel/Motel Tax Revenue Fund 73,750 - - (17,250) - - - - 56,500 121 Employee Parking Permit Fund 26,086 - - - - - - 400 26,486 122 Youth Scholarship Fund 4,000 - - - - - - - 4,000 123 Tourism Promotional Fund/Arts 19,000 - - - - - 5,500 - 24,500 125 Park Acq/Improvement 875,000 77,000 103,000 - - - - - 1,055,000 126 Special Capital Fund 697,717 - - - - - - - 697,717 127 Gifts Catalog Fund 12,275 - - - - - 11,204 - 23,479 129 Special Projects Fund 313,000 170,500 - - - - - - 483,500 130 Cemetery Maintenance/Improv 172,005 - - - - - - - 172,005 132 Parks Construction 1,187,000 210,000 - (20,800) - - 85,143 - 1,461,343 136 Parks Trust Fund - 6,930 - - - - - - 6,930 137 Cemetery Maintenance Trust Fd - - - - - - - - - 138 Sister City Commission 4,600 - - - - - - - 4,600 211 Lid Fund Control 46,500 105,000 - - - - - - 151,500 213 Lid Guaranty Fund - - - 244,000 - - - - 244,000 231 2012LTGO Debt Service Fund - - - - - - - 9,363,474 9,363,474 234 Ltgo Bond Debt Service Fund 478,573 - - - - - - - 478,573 411 Combined Utility Operation 15,598,246 191,481 - (419,326) - 3,881 4,920 - 15,379,202 412 Combined Utility Const/Improve 10,465,068 482,611 - 40,000 312,000 - 16,967 3,172 11,319,818 414 Capital Improvements Reserve 1,126,376 457,012 - (11,873) - - - - 1,571,515 511 Equipment Rental Fund 1,321,334 - - - - 111,700 - 20,000 1,453,034 617 Firemen'S Pension Fund 123,515 - - - - - - - 123,515 631 Transportation Benefit District 600,000 - - - - - - 45,000 645,000 Totals 70,853,500$ 1,963,921$ 206,000$ (182,593)$ 6,427,238$ 281,990$ 480,039$ 9,501,046$ 89,531,141$ Packet Page 175 of 369 EXHIBIT “C”: Budget Amendments (December 2012) 6 Department BARS Category Debit Credit Description General Fund 001 000 620 532 200 110 00 Salaries 7,000 General Fund 001 000 620 532 200 230 00 Benefits 17,000 General Fund 001 000 390 508 000 000 00 Ending Fund Balance 24,000 Equipment Rental 511 000 657 548 680 110 00 Salaries 10,000 Equipment Rental 511 000 657 508 000 000 00 Ending Fund Balance 10,000 Equipment Rental 511 000 657 548 680 340 11 Fuel-Regular Unleaded 10,000 Equipment Rental 511 000 657 508 000 000 00 Ending Fund Balance 10,000 Utility Construction 412 200 630 597 117 550 00 Interfund Transfer 3,172 Utility Construction 412 200 630 508 000 000 00 Ending Fund Balance 3,172 Municipal Arts Funds 117 200 000 397 412 000 00 Interfund Transfer 3,172 Municipal Arts Funds 117 200 640 508 000 000 00 Ending Fund Balance 3,172 Historic Preservation 014 000 000 367 110 000 00 Donations 690 Historic Preservation 014 000 620 508 000 000 00 Ending Fund Balance 690 General Fund 001 000 000 367 110 000 00 Donations 690 General Fund 001 000 390 508 000 000 00 Ending Fund Balance 690 Transportation Benefit 631 000 653 597 111 550 00 Interfund Transfer 45,000 Transportation Benefit 631 000 000 344 900 000 00 Annual Veh Fee 45,000 Street Fund 111 000 000 397 631 000 00 Interfund Transfer 45,000 Street Fund 111 000 653 542 310 310 00 Supplies 20,000 Street Fund 111 000 653 542 640 310 00 Supplies 25,000 2012 LTGO Debt Service 231 000 390 596 830 840 00 Issuance Discount 49,523 2012 LTGO Debt Service 231 000 390 592 830 840 00 Debt Issue Costs 70,058 2012 LTGO Debt Service 231 000 390 599 890 710 00 Pymt to Escrow Agent 9,228,000 2012 LTGO Debt Service 231 000 000 393 000 000 00 Bond Proceeds 9,004,044 2012 LTGO Debt Service 231 000 000 395 000 000 00 Bond Premium 343,537 2012 LTGO Debt Service 231 000 390 592 190 830 00 Interest 1,266 General Fund 001 000 390 592 790 830 00 Interest 168 Street Fund 111 000 653 592 790 830 00 Interest 97 REET 126 000 390 592 790 830 00 Interest 1,001 2012 LTGO Debt Service 231 000 390 592 730 830 00 Interest 12,334 General Fund 001 000 390 592 230 830 00 Interest 2,466 Limited Tax GO Bond 234 000 310 592 730 830 00 Interest 9,868 2012 LTGO Debt Service 231 000 390 592 760 830 00 Interest 2,293 REET 126 000 390 592 010 830 00 Interest 2,293 General Fund 001 000 390 597 231 550 00 Transfer 2,634 Street Fund 111 000 653 597 231 550 00 Transfer 97 REET 126 000 390 597 231 550 00 Transfer 3,294 Limited Tax GO Bond 234 000 310 597 231 550 00 Transfer 9,868 2012 LTGO Debt Service 231 000 000 397 001 000 00 Transfer 2,634 2012 LTGO Debt Service 231 000 000 397 111 000 00 Transfer 97 2012 LTGO Debt Service 231 000 000 397 126 000 00 Transfer 3,294 2012 LTGO Debt Service 231 000 000 397 234 000 00 Transfer 9,868 Employee Parking Permits 121 000 340 517 900 310 00 Supplies 400 Employee Parking Permits 121 000 340 508 000 000 00 Ending Fund Balance 400 Engineering Salaries and Benefits Fleet Maintenance Salary Adj Fuel Adjustment Transfer to the Arts Fund for the 1% for Arts Program Move Donations into Historic Preservation Fund TBD Adjustment Establish 231 Fund Record 2012 Debt Interest Payment Employee Parking Permits Packet Page 176 of 369 EXHIBIT “D”: Budget Amendments (December 2012) 7 Fund Number Change in Beginning Fund Balance Revenue Expense Change in Ending Fund Balance 001 - (690) 24,000 (24,690) 014 - 690 - 690 111 - 45,000 45,000 - 117 - 3,172 - 3,172 121 - - 400 (400) 231 - 9,363,474 9,363,474 - 412 - - 3,172 (3,172) 511 - - 20,000 (20,000) 631 - 45,000 45,000 - Total Change - 9,456,646 9,501,046 (44,400) Above is a summary of the changes by Fund. Fund Name and Title: Budget Amendment Summary General Fund 001 Engineering Salary and Benefits Historic Preservation Donation 2012 Debt Interest Payment Historic Preservation Fund 014 Historic Preservation Donation Street Fund 111 TBD Adjustment Municipal Arts Fund 117 Transfer to the Arts Fund Employee Parking Permits 121 Employee Parking Permits 2012 LTGO Debt Service Fund 231 Establish 231 Fund Record 2012 Debt Interest Payments Utility Construction 412 Transfer to the Arts Fund Equipment Rental 511 Fleet Maintenance Salary Adjustment Fuel Adjustment Transportation Benefit District 631 TBD Adjustment Packet Page 177 of 369 EXHIBIT “E”: Budget Amendments (December 2012) 8 Prepared By: Department: Description on Budget Amendment Summary: Budget Amendment Detailed Description: Expenditure Increase (Decrease) Fund # Fund Title Object BARS Number Amount 001 General Fund Salaries 001.000.620.532.200.110.00 7,000 001 General Fund Benefits 001.000.620.532.200.230.00 17,000 Total Expenditure Increase (Decrease)24,000$ Revenue (Increase) Decrease Fund Fund Title Revenue Source BARS Number Amount Total Revenue (Increase) Decrease -$ Ending Fund Balance Increase (Decrease) Fund Fund Title BARS Number Amount 001 General Fund 001.000.390.508.000.000.00 (24,000) Total Ending Fund Balance Increase (Decrease)(24,000)$ Rob English Public Works Engineering The 2012 budget estimates for benefits and salaries were slightly lower than the anticipated end of the year projection. The increase cost in benefits was due to an employee enrollment in medical coverage with dependents compared to the budget estimate that was for an employee only. Packet Page 178 of 369 EXHIBIT “E”: Budget Amendments (December 2012) 9 Prepared By: Department: Description on Budget Amendment Summary: Budget Amendment Detailed Description: Expenditure Increase (Decrease) Fund # Fund Title Object BARS Number Amount 511 Equipment Rental Salaries 511.000.657.548.680.110.00 10,000 Total Expenditure Increase (Decrease)10,000$ Revenue (Increase) Decrease Fund Fund Title Revenue Source BARS Number Amount Total Revenue (Increase) Decrease -$ Ending Fund Balance Increase (Decrease) Fund Fund Title BARS Number Amount 511 Equipment Rental 511.000.657.508.000.000.00 (10,000) Total Ending Fund Balance Increase (Decrease)(10,000)$ Mike Adams Fleet Maintenance Salaries adjustment Due to the retirementof the Fleet Manager David Sittauer on November 1st 2012, there was a pay out for his vacation and sick leave. This pay out was not budgeted for, we need $10,000 to cover he costs for Mike Adams and Carl Rugg for the remainder of the year. Packet Page 179 of 369 EXHIBIT “E”: Budget Amendments (December 2012) 10 Prepared By: Department: Description on Budget Amendment Summary: Budget Amendment Detailed Description: Expenditure Increase (Decrease) Fund # Fund Title Object BARS Number Amount 511 Equipment Rental Fuel-Regular Unleaded 511.000.657.548.680.340.11 10,000 Total Expenditure Increase (Decrease)10,000$ Revenue (Increase) Decrease Fund Fund Title Revenue Source BARS Number Amount Total Revenue (Increase) Decrease -$ Ending Fund Balance Increase (Decrease) Fund Fund Title BARS Number Amount 511 Equipment Rental 511.000.657.508.000.000.00 (10,000) Total Ending Fund Balance Increase (Decrease)(10,000)$ Mike Adams Fleet Maintenance Fuel Adjustment Due to high fuel costs in the first half of the year we need $10,000 more for unleaded gas Packet Page 180 of 369 EXHIBIT “E”: Budget Amendments (December 2012) 11 Prepared By: Department: Description on Budget Amendment Summary: Budget Amendment Detailed Description: Expenditure Increase (Decrease) Fund # Fund Title Object BARS Number Amount 412-200 Utility Const Fund Interfund Transfer 412.200.630.597.117.550.00 3,172 Total Expenditure Increase (Decrease)3,172$ Revenue (Increase) Decrease Fund Fund Title Revenue Source BARS Number Amount 117 Municipal Arts Fund Interfund Transfer In 117.200.000.397.412.00 (3,172) Total Revenue (Increase) Decrease (3,172)$ Ending Fund Balance Increase (Decrease) Fund Fund Title BARS Number Amount 412-200 Utility Const Fund Ending Fund Balance 412.200.630.508.000.000.00 (3,172) 117 Municipal Arts Fund Ending Fund Balance 117.200.640.508.000.000.00 3,172 Total Ending Fund Balance Increase (Decrease)-$ Rob English Public Works Transfer to Arts Fund The Talbot Road Storm Drain Project is now complete and this budget amendment will transfer funding from the 412 Utility Construction Fund into the Municipal Arts Fund for the 1% for Arts Program. Packet Page 181 of 369 EXHIBIT “E”: Budget Amendments (December 2012) 12 Prepared By: Department: Description on Budget Amendment Summary: Budget Amendment Detailed Description: Expenditure Increase (Decrease) Fund # Fund Title Object BARS Number Amount Total Expenditure Increase (Decrease)-$ Revenue (Increase) Decrease Fund Fund Title Revenue Source BARS Number Amount 014 Historic Pres Gift Fund Donations 014.000.000.367.110.000.00 (690) 001 General Fund Donations 001.000.000.367.110.000.00 690 Total Revenue (Increase) Decrease 0$ Ending Fund Balance Increase (Decrease) Fund Fund Title BARS Number Amount 014 Historic Pres Gift Fund 014.000.620.508.000.000.00 690 001 General Fund 001.000.390.508.000.000.00 (690) Total Ending Fund Balance Increase (Decrease)-$ Rob Chave Development Services Historic Preservation Commission This amendment will transfer funds into the Historic Preservation Gift Fund, accounting for the remaining balance of previous donations received by the Historic Preservation Commission. The amendment will consolidate all current donation balances in the newly created special fund. Packet Page 182 of 369 EXHIBIT “E”: Budget Amendments (December 2012) 13 Prepared By: Department: Description on Budget Amendment Summary: Budget Amendment Detailed Description: Expenditure Increase (Decrease) Fund # Fund Title Object BARS Number Amount 631 Transportation Benefit Transfer 631.000.653.597.111.550.00 45,000 111 Street Fund Supplies 111.000.653.542.310.310.00 20,000 111 Street Fund Supplies 111.000.653.542.640.310.00 25,000 Total Expenditure Increase (Decrease)90,000$ Revenue (Increase) Decrease Fund Fund Title Revenue Source BARS Number Amount 111 Street Fund Transfer 111.000.000.397.631.000.00 (45,000) 631 Transportation Benefit Annual Veh Fee 631.000.000.344.900.000.00 (45,000) Total Revenue (Increase) Decrease (90,000)$ Ending Fund Balance Increase (Decrease) Fund Fund Title BARS Number Amount Total Ending Fund Balance Increase (Decrease)-$ Deb Sharp Finance Dept TBD Adjustment The last two years the TBD Fund has received more funds than were budgeted which causes the transfers to the Street Fund to go over budget. As of November the transfers for the TBD were $538,548. The monthly remittance has been in the upper $40,000 range and there are still two transfers for 2012. The $45,000 budget increase will bring the budget to $640,000 which is the budgeted amount for 2013. The 2011 actuals were just over $634,000. TBD applicable supply line item budgets were increased since the TBD money is for specific projects. Packet Page 183 of 369 EXHIBIT “E”: Budget Amendments (December 2012) 14 Prepared By: Department: Description on Budget Amendment Summary: Budget Amendment Detailed Description: Expenditure Increase (Decrease) Fund # Fund Title Object BARS Number Amount 231 2012 LTGO Debt Service Issuance Discount 231.000.390.596.830.840.00 49,523 231 2012 LTGO Debt Service Debt Issue Costs 231.000.390.592.830.840.00 70,058 231 2012 LTGO Debt Service Pymt to Escrow 231.000.390.599.890.710.00 9,228,000 Total Expenditure Increase (Decrease)9,347,581$ Revenue (Increase) Decrease Fund Fund Title Revenue Source BARS Number Amount 231 2012 LTGO Debt Service Bond Proceeds 231.000.000.393.000.000.00 (9,004,044) 231 2012 LTGO Debt Service Bond Premium 231.000.000.395.000.000.00 (343,537) Total Revenue (Increase) Decrease (9,347,581)$ Ending Fund Balance Increase (Decrease) Fund Fund Title BARS Number Amount Total Ending Fund Balance Increase (Decrease)-$ Deb Sharp Finance Department Establish 231 Fund The Finance Department recorded the 2012 Refunding Debt in a Debt Service Fund. This amendment establishes a budget to record the receipt of the new debt and the transfer of the old debt to the escrow agent. Packet Page 184 of 369 EXHIBIT “E”: Budget Amendments (December 2012) 15 Prepared By: Department: Description on Budget Amendment Summary: Budget Amendment Detailed Description: Expenditure Increase (Decrease) Fund # Fund Title Object BARS Number Amount 231 2012 LTGO Debt Service Interest 231.000.390.592.190.830.00 1,266 001 General Fund Interest 001.000.390.592.790.830.00 (168) 111 Street Fund Interest 111.000.653.592.790.830.00 (97) 126 REET Interest 126.000.390.592.790.830.00 (1,001) 231 2012 LTGO Debt Service Interest 231.000.390.592.730.830.00 12,334 001 General Fund Interest 001.000.390.592.230.830.00 (2,466) 234 Limited Tax GO Bond FundInterest 234.000.310.592.730.830.00 (9,868) 231 2012 LTGO Debt Service Interest 231.000.390.592.760.830.00 2,293 126 REET Interest 126.000.390.592.010.830.00 (2,293) 001 General Fund Transfer 001.000.390.597.231.550.00 2,634 111 Street Fund Transfer 111.000.653.597.231.550.00 97 126 REET Transfer 126.000.390.597.231.550.00 3,294 234 Limited Tax GO Bond FundTransfer 234.000.310.597.231.550.00 9,868 Total Expenditure Increase (Decrease)15,893$ Revenue (Increase) Decrease Fund Fund Title Revenue Source BARS Number Amount 231 2012 LTGO Debt Service Transfer 231.000.000.397.001.000.00 (2,634) 231 2012 LTGO Debt Service Transfer 231.000.000.397.111.000.00 (97) 231 2012 LTGO Debt Service Transfer 231.000.000.397.126.000.00 (3,294) 231 2012 LTGO Debt Service Transfer 231.000.000.397.234.000.00 (9,868) Total Revenue (Increase) Decrease (15,893)$ Deb Sharp Finance Department Record 2012 Debt Interest Pymt The Finance Department recorded the 2012 Refunding Debt in a Debt Service Fund. This amendment establishes a budget to record the 2012 debt interest payment that was originally budgeted in other funds. Packet Page 185 of 369 EXHIBIT “E”: Budget Amendments (December 2012) 16 Prepared By: Department: Description on Budget Amendment Summary: Budget Amendment Detailed Description: Expenditure Increase (Decrease) Fund # Fund Title Object BARS Number Amount 121 Employee Parking Permits Supplies 121.000.340.517.900.310.00 400 Total Expenditure Increase (Decrease)400$ Revenue (Increase) Decrease Fund Fund Title Revenue Source BARS Number Amount Total Revenue (Increase) Decrease -$ Ending Fund Balance Increase (Decrease) Fund Fund Title BARS Number Amount 121 Employee Parking Permits 121.000.340.508.000.000.00 (400) Total Ending Fund Balance Increase (Decrease)(400)$ Deb Sharp Finance Department Employee Parking Permit Fund Changes made to the Residential Parking Permits by the Parking Committee caused an increase in the supply budget. The parking permits are now purchased instead produced by City employees. Packet Page 186 of 369    AM-5310     10. C.              City Council Meeting and Committee Meetings Meeting Date:12/11/2012 Time:10 Minutes   Submitted For:Shawn Hunstock Submitted By:Sarah Mager Department:Finance Committee: Finance Type: Information Information Subject Title October 2012 Monthly Financial Report Recommendation N.A. For informational purposes only. Previous Council Action N.A. Narrative The October 2012 Monthly Financial Report reflects additional changes to those shown with the September 2012 Quarterly Report.  Committee feedback is being requested on the changes, as well as any other changes they would like to see. Attachments October 2012 Monthly Financial Report Form Review Inbox Reviewed By Date Finance Shawn Hunstock 11/29/2012 04:51 PM City Clerk Sandy Chase 12/04/2012 09:19 AM Mayor Dave Earling 12/04/2012 09:30 AM Finalize for Agenda Sandy Chase 12/05/2012 02:08 PM Form Started By: Sarah Mager Started On: 11/29/2012 04:33 PM Final Approval Date: 12/05/2012  Packet Page 187 of 369 1 OCTOBER 2012 MONTHLY FINANCIAL REPORT 12/31/2011 9/30/2012 10/31/2012 Q3 YTD 001-General Fund 5,705,633$ 3,435,243$ 2,996,760$ (2,460,013)$ (2,708,873)$ 004-Criminal Investigations Fund 2,500 2,500 2,500 - - 006-Emergency Financial Reserve Fund 1,927,600 - - (1,927,600) (1,927,600) 009-Leoff-Medical Ins. Reserve 320,656 180,319 159,953 (142,187) (160,703) 010-Reserve Fund 1,338,178 - - (1,338,968) (1,338,178) 011-Risk Management Fund - 244,000 244,000 244,000 244,000 012 - Contingency Reserve Fund - 5,282,540 5,282,996 5,282,540 5,282,996 113-Multimodal Transportation FD 55,859 55,859 55,859 - - 116-Building Maintenance 212,212 219,387 211,331 (20,251) (882) Total General Fund 9,562,638$ 9,419,848$ 8,953,399$ (362,479)$ (609,239)$ GENERAL FUND FUND BALANCES CHANGE IN FUND BALANCES ---- ACTUAL -------- ACTUAL ---- $9.56 $9.42 $8.95 - 2 4 6 8 10 Dec 2011 Sept 2012 Oct 2012 Mi l l i o n s General Fund General Fund General Fund activity year-to-date brought a deficit of $609,239 in fund balances. The third quarter brought a deficit of $362,479 in the general fund, the second quarter an increase of $2.7 million, and the first quarter a deficit of $2.4 million. Several specific revenue line items are tracking ahead of budget so far through October. These include Telephone Utility Tax (92% of budget), Pull Tabs Tax (89% of budget), Business Licenses (98% of budget), Franchise Fees (average of 113% of budget), Amusements (91% of budget), and Real Estate Excise Taxes (103% of budget). At the end October, 83% of the year had expired. Overall, General Fund expenditures are on track with 79% of budget spent to date. Salaries and Wages for all departments are at 79% of budget, and Overtime is at 75% of budget. Departments that are significantly under budget include Human Resources (65% spent so far), Economic Development (64%), and the City Clerk’s Office (68%). No departments are over budget. Packet Page 188 of 369 2 OCTOBER 2012 DASHBOARD YEAR TO DATE TREND GENERAL FUND REVENUES General Fund Revenue Positive Sales & Use Tax Revenue Positive Gas Utility Tax Revenue Negative Telephone Utility Tax Revenue Positive Electric Utility Tax Revenue Neutral EXPENDITURES General Fund Expenditures NON-GENERAL FUND REVENUES Real Estate Excise Tax Positive Key to revenue trend indicators: Positive =Positve variance of >+2% compared to projections. Neutral =Variance of -1% to +2% compared to projections. Warning =Negative variance of -1% to -4% compared to projections. Negative =Negative variance of >-4% compared to projections. COMPARED TO PROJECTIONS REFERENCE 2.55% Page 12 20.03%Page 9 5.72% -9.78% 11.94% 1.79% Page 9 Page 10 Page 10 Page 11 Page 11 Packet Page 189 of 369 3 GOVERNMENTAL FUNDS OVERVIEW 12/31/2011 9/30/2012 10/31/2012 Q3 YTD General Fund 9,562,638$ 9,419,848$ 8,953,399$ (362,479)$ (609,239)$ Special Revenue 3,610,619 4,294,063 4,131,087 50,757 520,468 Debt Service 242,765 20,779 20,779 (223,243) (221,986) Governmental Funds 13,416,022$ 13,734,690$ 13,105,265$ (534,965)$ (310,757)$ CHANGE IN FUND BALANCESGOVERNMENTAL FUNDS FUND BALANCES ---- ACTUAL -------- ACTUAL ---- $9.56 $9.42 $8.95 $3.61 $4.29 $4.13 $0.24 $0.02 $0.02 - 2 4 6 8 10 12 Dec 2011 Sept 2012 Oct 2012 Mi l l i o n s General Fund Special Revenue Debt Service Governmental Fund Balances -By Fund GroupGovernmentalFund Balances -By Fund Group $13.42 $13.73 $13.11 - 5 10 15 Dec 2011 Sept 2012 Oct 2012 Mi l l i o n s Governmental Fund Balances -Combined Combined governmental fund activity through October brought a deficit of $310,757 to fund balances. The General Fund was responsible for a deficit of $609,239, the special revenue funds for an increase of $520,468, and the remaining was due to a deficit of $221,986 in the debt service funds. The third quarter brought a deficit of $534,965 in the governmental funds, the second quarter an increase of $2.6 million, and the first quarter a deficit of $1.7 million. Packet Page 190 of 369 4 SPECIAL REVENUE FUNDS OVERVIEW 12/31/2011 9/30/2012 10/31/2012 Q3 YTD 104 - Drug Enforcement Fund 124,661$ 136,476$ 135,820$ (19,660)$ 11,159$ 111 - Street Fund 392,049 176,482 181,030 (56,847) (211,019) 112 - Combined Street Const/Improve 423,449 365,729 165,112 (173,584) (258,336) 117 - Municipal Arts Acquis. Fund 401,698 395,490 406,351 (14,585) 4,653 118 - Memorial Street Tree 17,646 17,666 17,668 9 21 120 - Hotel/Motel Tax Revenue Fund 93,895 101,368 108,006 (4,222) 14,111 121 - Employee Parking Permit Fund 77,577 71,611 71,561 416 (6,016) 122 - Youth Scholarship Fund 16,534 14,540 14,688 325 (1,845) 123 - Tourism Promotional Fund/Arts 60,250 61,447 58,410 4,998 (1,839) 125 - Real Estate Tax 2 436,640 817,767 884,882 94,794 448,242 126 - Real Estate Excise Tax 1 225,937 684,757 751,861 220,501 525,923 127 - Gifts Catalog Fund 193,985 212,316 214,535 594 20,549 129 - Special Projects Fund 5,841 (4,905) (78,788) (8,912) (84,629) 130 - Cemetery Maintenance/Improvement 85,714 64,937 65,521 (16,021) (20,192) 132 - Parks Construction Fund 86,794 206,427 160,223 20,424 73,429 136 - Parks Trust Fund 156,611 149,848 149,861 81 (6,749) 137 - Cemetery Maintenance Trust Fund 801,079 813,961 815,452 4,675 14,373 138 - Sister City Commission 10,261 8,146 8,895 (2,229) (1,366) Total Special Revenue 3,610,619$ 4,294,063$ 4,131,087$ 50,757$ 520,468$ GOVERNMENTAL Special Revenue FUND BALANCES CHANGE IN FUND BALANCES ---- ACTUAL -------- ACTUAL ---- $3.61 $4.29 $4.13 - 1 2 3 4 5 Dec 2011 Sept 2012 Oct 2012 Mi l l i o n s Special Revenue Special Revenue Funds Activity in all special revenue funds year-to-date brought an increase of $520,468, an increase of $50,757 in the third quarter, a deficit of $98,188 during the second quarter, and an increase of $730,875 in the first quarter. The graph below shows the total fund balances for all eighteen special revenue funds as of December 2011, September 2012, and the current ending balance as of October 2012. Packet Page 191 of 369 5 ENTERPRISE FUNDS OVERVIEW 48,998,030 52,064,437 52,310,595 18,605,638 16,445,216 15,882,106 65,558,827 66,597,920 66,231,600 - 10,000,000 20,000,000 30,000,000 40,000,000 50,000,000 60,000,000 70,000,000 Dec 2011 Sept 2012 Oct 2012 411 - Combined Utility Operation 412 - Combined Utility Const/Improve Combined Enterprise Funds (411-414) Enterprise Funds -Fund Balances 12/31/2011 9/30/2012 10/31/2012 Q3 YTD 411 - Combined Utility Operation 48,998,030$ 52,064,437$ 52,310,595$ 1,119,375$ 3,312,565$ 412 - Combined Utility Const/Improve 18,605,638 16,445,216 15,882,106 (644,355) (2,723,532) 414 - Capital Improvements Reserve (2,044,841) (1,911,733) (1,961,101) 181,218 83,740 Enterprise Funds 65,558,827$ 66,597,920$ 66,231,600$ 656,238$ 672,773$ ENTERPRISE FUNDS FUND BALANCES CHANGE IN FUND ---- ACTUAL -------- ACTUAL ---- $52,310,595 $15,882,106 $(1,961,101) $(2,200,000) $7,800,000 $17,800,000 $27,800,000 $37,800,000 $47,800,000 Combined Utility Operation Combined Utility Const/Improve Capital Improvements Reserve Enterprise Fund Balances as of October 31, 2012 Utility Fund Activity through October brought an increase of $672,773 in the Enterprise Funds. The third quarter brought an increase of $656,238, the second quarter a deficit of $71,557, and the first quarter an increase of $454,412. Packet Page 192 of 369 6 SUMMARY OVERVIEW 12/31/2011 9/30/2012 10/31/2012 Q3 YTD Governmental Funds 13,416,022$ 13,734,690$ 13,105,245$ (534,965)$ (310,777)$ Enterprise Funds 65,558,827 66,597,920 66,231,600 656,238 672,773 Internal Services Fund 6,662,893 6,435,323 6,449,182 (259,016) (213,711) Pension Trust Fund 213,210 211,385 203,762 (17,733) (9,448) City-wide Total 85,850,951$ 86,979,318$ 85,989,788$ (155,476)$ 138,837$ CITY-WIDE FUND BALANCES ---- ACTUAL ---- CHANGE IN FUND BALANCES ---- ACTUAL ---- $8,953,399 $135,820 $181,030 $165,112 $406,351 $17,668 $108,006 $71,561 $14,688 $58,410 $884,882 $751,861 $214,535 $65,521 $160,223 $149,861 $815,452 $8,895 $20,729 $50 $1 $2,000,000 General Fund Drug Enforcement Fund Street Fund Combined Street Const/Improve Municipal Arts Acquis. Fund Memorial Street Fund Hotel/Motel Tax Revenue Fund Employee Parking Permit Fund Youth Scholarship Fund Tourism Promotional Fund/Arts Real Estate Excise Tax 2 Real Estate Excise Tax 1, Parks Acq Gifts Catalog Fund Special Projects Fund Cemetery Maintenance/Improvement Parks Construction Fund Parks Trust Fund Cemetery Maintenance Trust Fund Sister City Commission L.I.D. Fund Control L.I.D. Guaranty Fund Governmental Fund Balances as of October 31, 2012 ($78,788)) At the end of October, 83% of the year had expired. Year-to-date activity brought an increase of $138,837 to the City-Wide fund balance, bringing the total to $86 million. Of the year-to-date increase, a deficit of $310,777 was generated by governmental funds, an increase of $672,773 was generated by Enterprise (Utility) Funds, a deficit of $213,711 was generated by Internal Service Funds, and a deficit of $9,448 by the Pension Trust Fund. The third quarter brought a deficit of $155,476, the second quarter an increase of $2.5 million to City-Wide Funds, and the first quarter a deficit of $1.2 million. Packet Page 193 of 369 7 INTERNAL SERVICE FUNDS OVERVIEW 12/31/2011 9/30/2012 10/31/2012 Q3 YTD 511 - Equipment Rental Fund 6,662,893$ 6,435,323$ 6,449,182$ (259,016)$ (213,711)$ Internal Service Funds 6,662,893$ 6,435,323$ 6,449,182$ (259,016)$ (213,711)$ INTERNAL SERVICE FUNDS FUND BALANCES CHANGE IN FUND BALANCES ---- ACTUAL -------- ACTUAL ---- $6.66 $6.44 $6.45 - 1 2 3 4 5 6 7 Dec 2011 Sept 2012 Oct 2012 Mi l l i o n s 511 - Equipment Rental Fund Internal Service Fund Balances Internal Service Fund activity through October brought a deficit of $213,711. The third quarter brought a deficit of $259,016, the second quarter a deficit of $24,443, and the first quarter brought an increase of $55,889. The purchase of new Machinery in July resulted in a deficit of $190,211. Overall, besides this purchase, we have not seen a significant change in the Equipment Rental Fund. We began the year with a fund balance of $6.7 million and currently at the end of October; we see an ending fund balance of $6.4 million. Packet Page 194 of 369 8 This page is intentionally left blank. Packet Page 195 of 369 9 General Fund Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 1,254,252$ 1,254,252$ 1,608,118$ 28.21% February 3,063,163 1,808,911 3,432,053 12.04% March 5,168,945 2,105,781 5,372,339 3.93% April 7,722,732 2,553,787 8,516,228 10.27% May 15,170,920 7,448,188 15,369,907 1.31% June 16,856,021 1,685,100 17,064,191 1.23% July 18,803,696 1,947,675 18,775,883 -0.15% August 20,454,375 1,650,679 20,425,260 -0.14% September 21,996,040 1,541,665 22,229,739 1.06% October 24,533,766 2,537,726 25,158,481 2.55% November 31,335,142 6,801,376 32,133,043 2.55% December 33,017,174 1,682,032 33,857,906 2.55% Real Estate Excise Tax Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 50,516$ 50,516$ 55,795$ 10.45% February 80,158 29,643 119,438 49.00% March 117,689 37,531 145,824 23.91% April 170,233 52,544 199,122 16.97% May 219,071 48,838 255,250 16.51% June 275,073 56,002 318,412 15.76% July 330,084 55,011 384,310 16.43% August 390,495 60,410 453,447 16.12% September 447,318 56,823 538,647 20.42% October 504,597 57,280 605,692 20.03% November 548,998 44,400 658,988 20.03% December 590,000 41,002 708,205 20.03% *The positive variance of 20.03% is due to a larger number of sales transactions than were expected. 2012 2012 City of Edmonds, WA Monthly Revenue Summary-General Fund City of Edmonds, WA Monthly Revenue Summary-Real Estate Excise Tax 0 5000000 10000000 15000000 20000000 25000000 30000000 35000000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC General Fund Actuals/Trend Budget 0 100000 200000 300000 400000 500000 600000 700000 800000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Real Estate Excise Tax Actuals/Trend Budget Packet Page 196 of 369 10 Sales and Use Tax Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 375,013$ 375,013$ 396,472$ 5.72% February 850,350 475,338 880,438 3.54% March 1,188,451 338,101 1,236,580 4.05% April 1,538,704 350,253 1,614,832 4.95% May 1,953,189 414,485 2,037,398 4.31% June 2,321,894 368,705 2,436,804 4.95% July 2,693,818 371,925 2,837,791 5.34% August 3,130,679 436,861 3,279,895 4.77% September 3,516,951 386,272 3,707,553 5.42% October 3,912,817 395,866 4,136,751 5.72% November 4,351,601 438,784 4,600,647 5.72% December 4,724,183 372,582 4,994,553 5.72% Gas Utility Tax Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 123,772$ 123,772$ 109,321$ -11.68% February 253,656 129,883 232,788 -8.23% March 371,883 118,227 329,885 -11.29% April 470,918 99,035 433,268 -8.00% May 554,498 83,580 502,369 -9.40% June 617,198 62,700 552,855 -10.42% July 663,083 45,884 595,099 -10.25% August 695,629 32,546 627,290 -9.82% September 725,807 30,179 654,934 -9.76% October 757,941 32,134 683,837 -9.78% November 812,573 54,632 733,128 -9.78% December 892,381 79,808 805,133 -9.78% *The expectation is that the negative variance of 9.78% will level out during the upcoming winter months. 2012 City of Edmonds, WA Monthly Revenue Summary-Sales and Use Tax 2012 City of Edmonds, WA Monthly Revenue Summary-Gas Utility Tax 0 500000 1000000 1500000 2000000 2500000 3000000 3500000 4000000 4500000 5000000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Sales and Use Tax Actuals/Trend Budget 0 100000 200000 300000 400000 500000 600000 700000 800000 900000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Gas Utility Tax Actuals/Trend Budget Packet Page 197 of 369 11 Telephone Utility Tax Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 86,875$ 86,875$ 129,337$ 48.88% February 208,469 121,594 222,717 6.83% March 342,214 133,745 353,214 3.21% April 435,440 93,226 485,917 11.59% May 553,336 117,896 672,856 21.60% June 648,289 94,953 792,936 22.31% July 776,209 127,920 918,807 18.37% August 899,335 123,126 1,039,396 15.57% September 992,632 93,297 1,158,687 16.73% October 1,142,349 149,717 1,278,757 11.94% November 1,227,014 84,665 1,373,532 11.94% December 1,390,242 163,228 1,556,251 11.94% Electric Utility Tax Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 151,744$ 151,744$ 159,973$ 5.42% February 319,668 167,924 322,487 0.88% March 474,035 154,367 489,585 3.28% April 631,016 156,981 638,942 1.26% May 768,814 137,798 783,961 1.97% June 881,589 112,775 892,229 1.21% July 988,356 106,767 1,002,829 1.46% August 1,080,682 92,325 1,100,703 1.85% September 1,179,059 98,377 1,201,703 1.92% October 1,264,304 85,245 1,286,954 1.79% November 1,371,246 106,942 1,395,813 1.79% December 1,473,880 102,634 1,500,285 1.79% 2012 City of Edmonds, WA Monthly Revenue Summary-Telephone Utility Tax 2012 City of Edmonds, WA Monthly Revenue Summary-Electric Utility Tax 0 250000 500000 750000 1000000 1250000 1500000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Electric Utility Tax Actuals/Trend Budget 0 200000 400000 600000 800000 1000000 1200000 1400000 1600000 1800000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Telephone Utility Tax Actuals/Trend Budget Packet Page 198 of 369 12 General Fund Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 3,664,175$ 3,664,175$ 2,080,142$ -43.23% February 6,074,487 2,410,312 5,514,121 -9.22% March 8,656,123 2,581,635 7,666,998 -11.43% April 11,770,997 3,114,874 10,886,288 -7.52% May 13,997,632 2,226,635 12,749,656 -8.92% June 17,421,646 3,424,014 16,874,568 -3.14% July 20,533,948 3,112,302 18,712,395 -8.87% August 22,897,147 2,363,199 22,577,199 -1.40% September 26,056,894 3,159,747 24,500,129 -5.97% October 28,329,308 2,272,414 27,867,354 -1.63% November 30,994,307 2,664,998 30,488,895 -1.63% December 35,430,137 4,435,830 34,852,392 -1.63% Non-Departmental Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 2,428,213$ 2,428,213$ 527,429$ -78.28% February 2,727,324 299,111 2,317,066 -15.04% March 3,408,160 680,836 2,771,982 -18.67% April 4,457,027 1,048,868 4,360,812 -2.16% May 4,726,276 269,249 4,563,592 -3.44% June 6,940,223 2,213,947 6,904,530 -0.51% July 7,892,756 952,533 6,952,172 -11.92% August 7,929,791 37,035 9,092,510 14.66% September 8,971,597 1,041,806 9,326,743 3.96% October 9,112,673 141,076 10,948,496 20.15% November 9,456,230 343,557 11,361,266 20.15% December 13,519,638 4,063,408 16,243,282 20.15% *The positive variance of 20.15% is due to payment of the Q4 FD1 payment in October, this payment has been made in September in the past. 2012 City of Edmonds, WA Monthly Expenditure Report-General Fund 2012 City of Edmonds, WA Monthly Expenditure Report-Non-Departmental 0 3000000 6000000 9000000 12000000 15000000 18000000 21000000 24000000 27000000 30000000 33000000 36000000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC General Fund Actuals/Trend Budget 0 2000000 4000000 6000000 8000000 10000000 12000000 14000000 16000000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Non-Departmental Actuals/Trend Budget Packet Page 199 of 369 13 City Council Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 19,762$ 19,762$ 18,170$ -8.06% February 41,832 22,070 40,409 -3.40% March 64,009 22,177 62,230 -2.78% April 87,150 23,141 77,262 -11.35% May 105,041 17,891 103,859 -1.13% June 125,476 20,435 128,336 2.28% July 149,760 24,284 149,229 -0.35% August 172,297 22,538 169,859 -1.42% September 191,074 18,777 184,180 -3.61% October 219,806 28,731 208,323 -5.22% November 240,319 20,514 227,765 -5.22% December 269,812 29,493 255,717 -5.22% Office of Mayor Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 21,049$ 21,049$ 20,420$ -2.99% February 42,489$ 21,440$ 40,120 -5.58% March 63,849$ 21,360$ 58,059 -9.07% April 84,582$ 20,733$ 75,981 -10.17% May 105,135$ 20,553$ 94,870 -9.76% June 125,384$ 20,249$ 113,618 -9.38% July 147,384$ 22,000$ 132,537 -10.07% August 168,135$ 20,750$ 151,165 -10.09% September 188,520$ 20,385$ 170,105 -9.77% October 211,220$ 22,701$ 188,487$ -10.76% November 232,824$ 21,603$ 207,766$ -10.76% December 253,184$ 20,360$ 225,935$ -10.76% 2012 City of Edmonds, WA Monthly Expenditure Report-City Council 2012 City of Edmonds, WA Monthly Expenditure Report-Office of Mayor 0 50000 100000 150000 200000 250000 300000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC City Council Actuals/Trend Budget 0 50000 100000 150000 200000 250000 300000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Office of Mayor Actuals/Trend Budget Packet Page 200 of 369 14 Human Resources Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 22,108$ 22,108$ 15,139$ -31.52% February 45,111 23,004 27,098 -39.93% March 70,318 25,207 56,071 -20.26% April 94,775 24,457 71,795 -24.25% May 117,492 22,717 96,673 -17.72% June 140,095 22,602 114,330 -18.39% July 162,181 22,086 136,806 -15.65% August 184,290 22,109 153,006 -16.98% September 210,792 26,502 166,941 -20.80% October 231,031 20,240 185,170 -19.85% November 253,730 22,699 203,363 -19.85% December 286,799 33,069 229,868 -19.85% *The negative variance of 19.85% is due to the unfilled HR Analyst position. Salaries and Wages are currently tracking at 53.9% of budget. Municipal Court Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 56,684$ 56,684$ 57,047$ 0.64% February 119,103 62,420 121,057 1.64% March 185,043 65,939 183,959 -0.59% April 250,566 65,524 245,061 -2.20% May 314,083 63,516 302,900 -3.56% June 381,809 67,726 365,837 -4.18% July 443,918 62,110 426,424 -3.94% August 510,114 66,196 485,375 -4.85% September 573,477 63,363 542,542 -5.39% October 638,600 65,123 601,450 -5.82% November 704,816 66,216 663,814 -5.82% December 779,038 74,222 733,718 -5.82% 2012 City of Edmonds, WA Monthly Expenditure Report-Human Resources 2012 City of Edmonds, WA Monthly Expenditure Report-Municipal Court 0 100000 200000 300000 400000 500000 600000 700000 800000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Municipal Court Actuals/Trend Budget 0 50000 100000 150000 200000 250000 300000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Human Resources Actuals/Trend Budget Packet Page 201 of 369 15 Economic Development/Community Services Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 30,372$ 30,372$ 22,962$ -24.40% February 73,754 43,382 59,724 -19.02% March 114,246 40,492 92,678 -18.88% April 149,965 35,719 132,111 -11.91% May 187,341 37,376 178,589 -4.67% June 222,700 35,358 212,324 -4.66% July 269,288 46,588 249,576 -7.32% August 301,418 32,130 282,359 -6.32% September 338,442 37,024 316,659 -6.44% October 377,797 39,355 348,578 -7.73% November 410,485 32,688 378,738 -7.73% December 465,810 55,325 429,784 -7.73% City Clerk Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 50,352$ 50,352$ 38,375$ -23.79% February 97,512 47,161 76,194 -21.86% March 151,688 54,176 119,740 -21.06% April 200,724 49,035 158,147 -21.21% May 257,542 56,818 197,762 -23.21% June 305,615 48,073 246,012 -19.50% July 357,211 51,597 289,704 -18.90% August 408,044 50,833 328,124 -19.59% September 458,834 50,790 372,951 -18.72% October 503,062 44,229 412,633 -17.98% November 553,417 50,355 453,936 -17.98% December 609,840 56,423 500,216 -17.98% *The negative variance of 17.98% is due to unspent monies for the Public Records/Document Management System decision project. This project was started in November, so we expect that future projections will be more in line with budget. 2012 City of Edmonds, WA Monthly Expenditure Report-Economic Development/Community Services 2012 City of Edmonds, WA Monthly Expenditure Report-City Clerk 0 50000 100000 150000 200000 250000 300000 350000 400000 450000 500000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Economic Development/Community Services Actuals/Trend Budget 0 100000 200000 300000 400000 500000 600000 700000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC City Clerk Actuals/Trend Budget Packet Page 202 of 369 16 Information Services Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 49,079$ 49,079$ 45,804$ -6.67% February 114,130 65,051 94,222 -17.44% March 161,148 47,018 152,829 -5.16% April 213,951 52,803 200,427 -6.32% May 263,589 49,639 259,869 -1.41% June 317,121 53,532 316,292 -0.26% July 367,659 50,538 350,853 -4.57% August 433,975 66,316 389,607 -10.22% September 486,478 52,503 429,813 -11.65% October 542,562 56,084 501,703 -7.53% November 594,962 52,401 550,158 -7.53% December 697,050 102,088 644,558 -7.53% Finance Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 73,846$ 73,846$ 72,999$ -1.15% February 137,812 63,967 140,691 2.09% March 200,022 62,209 200,031 0.00% April 258,826 58,804 256,611 -0.86% May 317,142 58,316 312,742 -1.39% June 383,902 66,760 369,308 -3.80% July 443,921 60,018 426,648 -3.89% August 498,056 54,135 483,434 -2.94% September 558,863 60,807 541,490 -3.11% October 625,679 66,815 606,025 -3.14% November 692,082 66,404 670,343 -3.14% December 759,234 67,152 735,386 -3.14% 2012 City of Edmonds, WA Monthly Expenditure Report-Information Services 2012 City of Edmonds, WA Monthly Expenditure Report-Finance 0 100000 200000 300000 400000 500000 600000 700000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Information Services Actuals/Trend Budget 0 100000 200000 300000 400000 500000 600000 700000 800000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Finance Actuals/Trend Budget Packet Page 203 of 369 17 City Attorney Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 41,250$ 41,250$ 32,000$ -22.42% February 82,500 41,250 72,417 -12.22% March 123,750 41,250 125,330 1.28% April 165,000 41,250 170,361 3.25% May 206,250 41,250 192,778 -6.53% June 247,500 41,250 234,108 -5.41% July 288,750 41,250 286,492 -0.78% August 330,000 41,250 313,126 -5.11% September 371,250 41,250 371,126 -0.03% October 412,500 41,250 395,149 -4.21% November 453,750 41,250 434,663 -4.21% December 495,000 41,250 474,178 -4.21% Police Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 755,785$ 755,785$ 649,122$ -14.11% February 1,479,570 723,784 1,338,091 -9.56% March 2,251,474 771,905 2,037,833 -9.49% April 2,965,978 714,504 2,722,871 -8.20% May 3,657,308 691,330 3,380,135 -7.58% June 4,467,277 809,969 4,149,872 -7.11% July 5,203,139 735,862 4,842,275 -6.94% August 5,920,175 717,036 5,532,985 -6.54% September 6,700,331 780,155 6,195,697 -7.53% October 7,422,067 721,736 6,900,094 -7.03% November 8,377,803 955,736 7,788,616 -7.03% December 9,165,244 787,441 8,520,678 -7.03% 2012 City of Edmonds, WA Monthly Expenditure Report-City Attorney 2012 City of Edmonds, WA Monthly Expenditure Report-Police 0 2000000 4000000 6000000 8000000 10000000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Police Actuals/Trend Budget 0 100000 200000 300000 400000 500000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC City Attorney Actuals/Trend Budget Packet Page 204 of 369 18 Development Services Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 130,080$ 130,080$ 119,611$ -8.05% February 260,534 130,454 256,302 -1.62% March 408,125 147,591 387,213 -5.12% April 543,094 134,968 516,641 -4.87% May 680,281 137,188 650,915 -4.32% June 819,050 138,769 774,015 -5.50% July 952,449 133,399 906,199 -4.86% August 1,092,073 139,624 1,033,577 -5.36% September 1,229,320 137,247 1,168,601 -4.94% October 1,375,997 146,677 1,325,946 -3.64% November 1,509,812 133,814 1,454,892 -3.64% December 1,658,272 148,460 1,597,952 -3.64% Parks & Recreation Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 225,510$ 225,510$ 221,141$ -1.94% February 471,071 245,561 441,578 -6.26% March 736,610 265,539 681,137 -7.53% April 991,189 254,579 928,272 -6.35% May 1,256,082 264,893 1,201,609 -4.34% June 1,582,719 326,637 1,503,266 -5.02% July 1,980,455 397,735 1,877,276 -5.21% August 2,384,822 404,367 2,241,823 -6.00% September 2,699,757 314,936 2,546,929 -5.66% October 2,946,685 246,927 2,821,063 -4.26% November 3,185,327 238,643 3,049,532 -4.26% December 3,506,852 321,525 3,357,350 -4.26% 2012 City of Edmonds, WA Monthly Expenditure Report-Development Services 2012 City of Edmonds, WA Monthly Expenditure Report-Parks & Recreation 0 200000 400000 600000 800000 1000000 1200000 1400000 1600000 1800000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Development Services Actuals/Trend Budget 0 500000 1000000 1500000 2000000 2500000 3000000 3500000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Parks & Recreation Actuals/Trend Budget Packet Page 205 of 369 19 Public Works Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 27,382$ 27,382$ 23,781$ -13.15% February 50,599 23,217 47,443 -6.24% March 74,354 23,755 70,857 -4.70% April 97,129 22,775 95,079 -2.11% May 119,986 22,856 119,904 -0.07% June 143,545 23,559 143,089 -0.32% July 175,267 31,722 166,690 -4.89% August 198,164 22,897 191,557 -3.33% September 221,614 23,450 216,464 -2.32% October 244,229 22,616 246,791 1.05% November 267,862 23,633 270,671 1.05% December 294,110 26,248 297,195 1.05% Facilities Maintenance Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 102,793$ 102,793$ 107,234$ 4.32% February 220,909 118,116 223,733 1.28% March 340,858 119,950 337,372 -1.02% April 481,844 140,985 438,882 -8.92% May 553,750 71,907 549,148 -0.83% June 673,162 119,412 646,963 -3.89% July 779,482 106,320 759,794 -2.53% August 879,994 100,512 856,140 -2.71% September 995,315 115,321 966,285 -2.92% October 1,103,341 108,026 1,065,171 -3.46% November 1,213,261 109,920 1,171,288 -3.46% December 1,351,548 138,287 1,304,791 -3.46% 2012 City of Edmonds, WA Monthly Expenditure Report-Public Works 2012 City of Edmonds, WA Monthly Expenditure Report-Facilities Maintenance 0 50000 100000 150000 200000 250000 300000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Public Works Actuals/Trend Budget 0 200000 400000 600000 800000 1000000 1200000 1400000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Facilities Maintenance Actuals/Trend Budget Packet Page 206 of 369 20 Engineering Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 108,801$ 108,801$ 108,908$ 0.10% February 217,665 108,865 217,975 0.14% March 326,749 109,084 329,676 0.90% April 443,098 116,349 435,974 -1.61% May 551,007 107,909 544,312 -1.22% June 658,262 107,255 652,666 -0.85% July 769,311 111,049 759,721 -1.25% August 879,506 110,195 872,553 -0.79% September 992,929 113,423 983,604 -0.94% October 1,104,742 111,813 1,112,275 0.68% November 1,212,341 107,599 1,220,608 0.68% December 1,318,706 106,365 1,327,698 0.68% City of Edmonds, WA Monthly Expenditure Report-Engineering 2012 0 200000 400000 600000 800000 1000000 1200000 1400000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Engineering Actuals/Trend Budget Packet Page 207 of 369 21 Fund No.Title 2012 Amended Budget 10/31/2012 Revenues Variance % Received 001 GENERAL FUND 33,017,174$ 25,158,481$ (7,858,693)$ 76% 009 LEOFF-MEDICAL INS. RESERVE 600,550 300,279 (300,271) 50% 010 RESERVE FUND 2,200 1,189 (1,011) 54% 011 RISK MANAGEMENT FUND 244,000 244,000 - 100% 012 CONTINGENCY RESERVE FUND 5,282,000 5,282,996 996 100% 014 HISTORIC PRESERVATION GIFT FUND 10,000 - (10,000) 0% 104 DRUG ENFORCEMENT FUND 30,700 46,080 15,380 150% 111 STREET FUND 1,313,650 1,116,804 (196,846) 85% 112 COMBINED STREET CONST/IMPROVE 2,840,102 860,108 (1,979,994) 30% 116 BUILDING MAINTENANCE 56,860 28,570 (28,290) 50% 117 MUNICIPAL ARTS ACQUIS. FUND 58,325 50,235 (8,090) 86% 118 MEMORIAL STREET TREE 28 158 130 566% 120 HOTEL/MOTEL TAX REVENUE FUND 51,950 51,209 (741) 99% 121 EMPLOYEE PARKING PERMIT FUND 20,140 7,132 (13,008) 35% 122 YOUTH SCHOLARSHIP FUND 2,525 1,530 (995) 61% 123 TOURISM PROMOTIONAL FUND/ARTS 19,000 13,556 (5,444) 71% 125 REAL ESTATE EXCISE TAX 2 770,850 667,475 (103,375) 87% 126 REAL ESTATE EXCISE TAX 1, PARKS ACQ FUND 590,800 606,200 15,400 103% 127 GIFTS CATALOG FUND 10,759 23,972 13,213 223% 129 SPECIAL PROJECTS FUND 482,004 - (482,004) 0% 130 CEMETERY MAINTENANCE/IMPROVEMT 119,850 120,780 930 101% 132 PARKS CONSTRUCTION FUND 1,289,414 460,143 (829,271) 36% 136 PARKS TRUST FUND 177 181 4 102% 137 CEMETERY MAINTENANCE TRUST FD 14,600 14,373 (227) 98% 138 SISTER CITY COMMISSION 5,230 2,779 (2,451) 53% 211 L.I.D. FUND CONTROL 46,700 21,860 (24,840) 47% 213 L.I.D. GUARANTY FUND 151,725 106,154 (45,571) 70% 234 LIMITED TAX G.O. BOND FUND,478,573 136,786 (341,787) 29% 411 COMBINED UTILITY OPERATION 15,456,920 13,315,428 (2,141,492) 86% 412 COMBINED UTILITY CONST/IMPROVE 7,888,400 186,457 (7,701,943) 2% 414 CAPITAL IMPROVEMENTS RESERVE 1,583,389 714,608 (868,781) 45% 511 EQUIPMENT RENTAL FUND 1,188,156 901,724 (286,432) 76% 617 FIREMEN'S PENSION FUND 94,423 68,934 (25,489) 73% 631 TRANSPORTATION BENEFIT DISTRICT 600,000 545,695 (54,305) 91% 74,321,174$ 51,055,876$ 125,377,050$ 69% CITY OF EDMONDS REVENUES BY FUND - SUMMARY Packet Page 208 of 369 22 Fund No.Title 2012 Amended Budget 10/31/2012 Expenditures Variance % Spent 001 GENERAL FUND 35,430,137$ 27,867,354$ (7,562,783)$ 79% 004 CRIMINAL INVESTIGATION REVOLVING FUND 2,500 - (2,500) 0% 006 EMERGENCY/FINANCIAL RESERVE 1,927,600 1,927,600 (0) 100% 009 LEOFF-MEDICAL INS. RESERVE 619,811 460,982 (158,829) 74% 010 RESERVE FUND 1,339,400 1,339,367 (33) 100% 014 HISTORIC PRESERVATION GIFT FUND 8,500 - (8,500) 0% 104 DRUG ENFORCEMENT FUND 80,233 34,921 (45,312) 44% 111 STREET FUND 1,631,748 1,327,823 (303,925) 81% 112 COMBINED STREET CONST/IMPROVE 2,940,666 1,118,445 (1,822,221) 38% 116 BUILDING MAINTENANCE 245,000 29,452 (215,548) 12% 117 MUNICIPAL ARTS ACQUIS. FUND 134,550 45,582 (88,968) 34% 118 MEMORIAL STREET TREE - 137 137 0% 120 HOTEL/MOTEL TAX REVENUE FUND 56,500 37,098 (19,402) 66% 121 EMPLOYEE PARKING PERMIT FUND 26,086 13,148 (12,938) 50% 122 YOUTH SCHOLARSHIP FUND 4,000 3,375 (625) 84% 123 TOURISM PROMOTIONAL FUND/ARTS 19,000 15,395 (3,605) 81% 125 REAL ESTATE EXCISE TAX 2 1,055,000 219,234 (835,766) 21% 126 REAL ESTATE EXCISE TAX 1, PARKS ACQ FUND 697,717 80,277 (617,440) 12% 127 GIFTS CATALOG FUND 12,275 3,423 (8,852) 28% 129 SPECIAL PROJECTS FUND 483,500 84,629 (398,871) 18% 130 CEMETERY MAINTENANCE/IMPROVEMT 172,005 140,973 (31,032) 82% 132 PARKS CONSTRUCTION FUND 1,376,200 386,714 (989,486) 28% 136 PARKS TRUST FUND 6,930 6,930 - 100% 138 SISTER CITY COMMISSION 4,600 4,145 (455) 90% 211 L.I.D. FUND CONTROL 151,500 106,000 (45,500) 70% 213 L.I.D. GUARANTY FUND 244,000 244,000 - 100% 234 LIMITED TAX G.O. BOND FUND,478,573 136,786 (341,787) 29% 411 COMBINED UTILITY OPERATION 15,374,282 10,002,863 (5,371,419) 65% 412 COMBINED UTILITY CONST/IMPROVE 11,299,679 2,909,990 (8,389,689) 26% 414 CAPITAL IMPROVEMENTS RESERVE 1,571,515 630,868 (940,647) 40% 511 EQUIPMENT RENTAL FUND 1,433,034 1,115,435 (317,599) 78% 617 FIREMEN'S PENSION FUND 123,515 78,383 (45,133) 63% 631 TRANSPORTATION BENEFIT DISTRICT 600,000 545,715 (54,285) 91% 79,550,056$ 50,917,040$ (28,633,016)$ 64% CITY OF EDMONDS EXPENDITURES BY FUND - SUMMARY Packet Page 209 of 369 23 Fund No.Title 1/1/2012 Beg. Balance 2012 Revenues 2012 Expenditures Difference 10/31/2012 End. Balance 001 GENERAL FUND 5,705,633$ 25,158,481$ 27,867,354$ (2,708,873)$ 2,996,760$ 004 CRIMINAL INVESTIGATIONS FUND 2,500 - - - 2,500 006 EMERGENCY FINANCIAL RESERVE FUND 1,927,600 - 1,927,600 (1,927,600) - 009 LEOFF-MEDICAL INS. RESERVE 320,656 300,279 460,982 (160,703) 159,953 010 RESERVE FUND 1,338,178 1,189 1,339,367 (1,338,178) - 011 RISK MANAGEMENT RESERVE FUND - 244,000 - 244,000 244,000 012 CONTINGENCY RESERVE FUND - 5,282,996 - 5,282,996 5,282,996 113 MULTIMODAL TRANSPORTATION FD.55,859 - - - 55,859 116 BUILDING MAINTENANCE 212,212 28,570 29,452 (882) 211,331 TOTAL GENERAL FUND PER CAFR 9,562,638 31,015,515 31,624,754 (609,239) 8,953,399 104 DRUG ENFORCEMENT FUND 124,661 46,080 34,921 11,159 135,820 111 STREET FUND 392,049 1,116,804 1,327,823 (211,019) 181,030 112 COMBINED STREET CONST/IMPROVE 423,449 860,108 1,118,445 (258,336) 165,112 117 MUNICIPAL ARTS ACQUIS. FUND 401,698 50,235 45,582 4,653 406,351 118 MEMORIAL STREET TREE 17,646 158 137 21 17,668 120 HOTEL/MOTEL TAX REVENUE FUND 93,895 51,209 37,098 14,111 108,006 121 EMPLOYEE PARKING PERMIT FUND 77,577 7,132 13,148 (6,016) 71,561 122 YOUTH SCHOLARSHIP FUND 16,534 1,530 3,375 (1,845) 14,688 123 TOURISM PROMOTIONAL FUND/ARTS 60,250 13,556 15,395 (1,839) 58,410 125 REAL ESTATE EXCISE TAX 2 436,640 667,475 219,234 448,242 884,882 126 REAL ESTATE EXCISE TAX 1, PARKS ACQ 225,937 606,200 80,277 525,923 751,861 127 GIFTS CATALOG FUND 193,985 23,972 3,423 20,549 214,535 129 SPECIAL PROJECTS FUND 5,841 - 84,629 (84,629) (78,788) 130 CEMETERY MAINTENANCE/IMPROVEMT 85,714 120,780 140,973 (20,192) 65,521 132 PARKS CONSTRUCTION FUND 86,794 460,143 386,714 73,429 160,223 136 PARKS TRUST FUND 156,611 181 6,930 (6,749) 149,861 137 CEMETERY MAINTENANCE TRUST FD 801,079 14,373 - 14,373 815,452 138 SISTER CITY COMMISSION 10,261 2,779 4,145 (1,366) 8,895 211 L.I.D. FUND CONTROL 104,869 21,860 106,000 (84,140) 20,729 213 L.I.D. GUARANTY FUND 137,896 106,154 244,000 (137,846) 50 234 LIMITED TAX G.O. BOND FUND,1 136,786 136,786 (0) 0 411 COMBINED UTILITY OPERATION 48,998,030 13,315,428 10,002,863 3,312,565 52,310,595 412 COMBINED UTILITY CONST/IMPROVE 18,605,638 186,457 2,909,990 (2,723,532) 15,882,106 414 CAPITAL IMPROVEMENTS RESERVE (2,044,841) 714,608 630,868 83,740 (1,961,101) 511 EQUIPMENT RENTAL FUND 6,662,893 901,724 1,115,435 (213,711) 6,449,182 617 FIREMEN'S PENSION FUND 213,210 68,934 78,383 (9,448) 203,762 631 TRANSPORTATION BENEFIT DISTRICT - 545,695 545,715 (20) (20) TOTAL ALL FUNDS 85,850,951$ 51,055,876$ 50,917,040$ 138,837$ 85,989,788$ CITY OF EDMONDS CHANGE IN FUND BALANCE - SUMMARY Packet Page 210 of 369 24 This page is intentionally left blank. Packet Page 211 of 369 25 Page 1 of 3 Title 2012 Amended Budget 10/31/2012 Revenues Variance % Received TAXES: REAL PERSONAL / PROPERTY TAX 9,629,986$ 5,996,409$ (3,633,577)$ 62% EMS PROPERTY TAX 2,908,944 1,861,005 (1,047,939) 64% VOTED PROPERTY TAX 895,640 589,808 (305,832) 66% LOCAL RETAIL SALES/USE TAX 4,724,183 4,136,751 (587,432) 88% NATURAL GAS USE TAX 13,244 6,663 (6,581) 50% 1/10 SALES TAX LOCAL CRIM JUST 514,898 440,430 (74,468) 86% GAS UTILITY TAX 892,381 683,837 (208,544) 77% T.V. CABLE UTILITY TAX 750,682 504,704 (245,979) 67% TELEPHONE UTILITY TAX 1,390,242 1,278,757 (111,485) 92% ELECTRIC UTILITY TAX 1,473,880 1,286,954 (186,926) 87% SOLID WASTE UTILITY TAX 294,601 239,874 (54,727) 81% WATER UTILITY TAX 824,935 708,106 (116,829) 86% SEWER UTILITY TAX 470,000 390,951 (79,049) 83% STORMWATER UTILITY TAX 254,061 228,723 (25,338) 90% LEASEHOLD EXCISE TAX 221,162 162,989 (58,173) 74% PULLTABS TAX 60,257 53,375 (6,882) 89% 25,319,096 18,569,337 (6,749,759) 73% LICENSES AND PERMITS: FIRE PERMITS-SPECIAL USE 5,000 5,433 433 109% PROF AND OCC LICENSE-TAXI 1,000 510 (490) 51% AMUSEMENTS 6,000 5,475 (525) 91% BUS. LICENCE PERMIT PENALTY 5,000 4,070 (930) 81% GENERAL BUSINESS LICENSE 105,245 103,299 (1,947) 98% FRANCHISE AGREEMENT-COMCAST 588,008 634,367 46,359 108% FRANCHISE AGREEMENT-VERIZON/FRONTIER 106,930 68,515 (38,415) 64% FRANCHISE AGREEMENT-BLACKROCK 6,901 11,080 4,179 161% OLYMPIC VIEW WATER DISTRICT FRANCHISE 212,292 251,431 39,139 118% DEV SERV PERMIT SURCHARGE 21,000 16,995 (4,005) 81% NON-RESIDENT BUS LICENSE 38,885 28,400 (10,485) 73% RIGHT OF WAY FRANCHISE FEE 10,000 9,308 (692) 93% BUILDING STRUCTURE PERMITS 420,000 298,486 (121,514) 71% ANIMAL LICENSES 11,000 8,446 (2,554) 77% STREET AND CURB PERMIT 42,000 22,219 (19,781) 53% OTR NON-BUS LIC/PERMITS 7,000 8,523 1,523 122% DIVE PARK PERMIT FEE - - - 0% 1,586,261 1,476,555 (109,706) 93% INTERGOVERNMENTAL: DOJ 15-0404-0-1-754 - Bullet Proof Vest 3,969 - (3,969) 0% EECBG Grant - - - 0% WA ASSOC OF SHERIFFS TRAFFIC GRANT - - - 0% TARGET ZERO TEAMS GRANT 10,000 4,512 (5,488) 45% HIGH VISIBILITY ENFORCEMENT 6,000 1,301 (4,699) 22% WA STATE TRAFFIC COMM GRANT - - - 0% Puget Drive Walkway HLP-PB07(009)- - - 0% SMART COMMUTER PROJECT GRANT - 900 900 0% PUD PRIVILEDGE TAX 183,348 184,756 1,408 101% JUDICIAL SALARY CONTRIBUTION-STATE 13,000 12,448 (552) 96% MVET/SPECIAL DISTRIBUTION 9,100 8,970 (130) 99% CRIMINAL JUSTICE - SPECIAL PROGRAMS 33,827 33,723 (104) 100% DUI - CITIES 9,500 7,440 (2,060) 78% LIQUOR EXCISE TAX 200,666 146,591 (54,075) 73% LIQUOR BOARD PROFITS 310,835 306,934 (3,901) 99% SHARED COURT COSTS 6,300 1,500 (4,800) 24% MUNICIPAL COURT AGREEMENT W/LYNNWOOD 1,050 750 (300) 71% FIRE DISTRICT #1 STATION BILLINGS 55,080 52,278 (2,802) 95% POLICE FBI CONTRACTS - - - 0% DV COORDINATOR SERVICES 10,760 8,967 (1,793) 83% OCDETF OVERTIME - 1,226 1,226 0% CAMPUS SAFETY-EDM. SCH. DIST.11,500 4,041 (7,459) 35% WOODWAY - LAW PROTECTION 10,000 15,554 5,554 156% INTERGOVERNMENTAL REVENUE-SSCCFH 69,300 51,975 (17,325) 75% SNOCOM FIBER OPTIC SERVICE INTERLOCAL - 7,986 7,986 0% SNO-ISLE 69,418 56,174 (13,244) 81% 1,013,653 908,025 (105,628) 90% REVENUES - GENERAL FUND CITY OF EDMONDS Packet Page 212 of 369 26 Page 2 of 3 Title 2012 Amended Budget 10/31/2012 Revenues Variance % Received CHARGES FOR GOODS AND SERVICES: RECORD/LEGAL INSTRUMTS 1,050 955 (96) 91% COURT RECORD SERVICES 100 - (100) 0% D/M COURT REC SER 950 139 (811) 15% SALE MAPS & BOOKS - 99 99 0% MUNIC.-DIST. COURT CURR EXPEN 150 252 102 168% PHOTOCOPIES 4,000 2,579 (1,421) 64% POLICE DISCLOSURE REQUESTS 5,000 3,558 (1,442) 71% ASSESSMENT SEARCH - 5 5 0% PASSPORTS AND NATURALIZATION FEES 10,500 9,875 (625) 94% POLICE SERVICES SPECIAL EVENTS 26,000 28,605 2,605 110% DUI EMERGENCY FIRE SERVICES - 426 426 0% ADULT PROBATION SERVICE CHARGE 68,300 47,837 (20,463) 70% ELECTRONIC MONITORING 150 - (150) 0% ELECTRONIC MONITOR DUI 700 82 (618) 12% BOOKING FEES 6,300 3,825 (2,475) 61% FIRE CONSTRUCTION INSPECTION FEES 6,060 4,165 (1,895) 69% EMERGENCY SERVICE FEES 21,210 15,537 (5,673) 73% DUI EMERGENCY AID 200 33 (167) 17% EMS TRANSPORT USER FEE 848,500 757,937 (90,563) 89% POLICE - FINGERPRINTING 300 286 (15) 95% CRIM CNV FEE DUI 700 536 (164) 77% CRIM CONV FEE CT 5,900 3,494 (2,406) 59% CRIM CONV FEE CN 2,100 1,428 (672) 68% POLICE TRAINING CLASSES - - - 0% OTHER ENVIRONMENTAL SERVICES - 336 336 0% ENGINEERING FEES AND CHARGES 102,010 79,690 (22,320) 78% FIBER SERVICES - 38,521 38,521 0% ANIMAL CONTROL SHELTER 4,000 5,945 1,945 149% FLEX FUEL PAYMENTS FROM STATIONS - 182 182 0% ANNUAL VEHICLE FEE (TBD)- - - 0% ZONING/SUBDIVISION FEE 55,000 34,437 (20,563) 63% FIRE PLAN CHECK FEES 3,300 1,143 (2,158) 35% PLAN CHECKING FEES 235,000 180,106 (54,895) 77% PLANNING 1% INSPECTION FEE 4,500 326 (4,174) 7% S.E.P.A. REVIEW 6,000 2,425 (3,575) 40% CRITICAL AREA STUDY 15,000 13,330 (1,670) 89% SWIM POOL ENTRANCE FEES 52,471 59,326 6,855 113% LOCKER FEES 300 303 3 101% SWIM CLASS FEES 45,520 28,625 (16,895) 63% PROGRAM FEES 800,000 610,789 (189,211) 76% TAXABLE RECREATION ACTIVITIES 120,000 122,936 2,936 102% SWIM TEAM / DIVE TEAM 31,150 30,019 (1,132) 96% BIRD FEST REGISTRATION FEES 620 1,015 395 164% INTERFUND REIMBURSEMENT-CONTRACT SVCS 1,582,061 1,301,778 (280,283) 82% MISCELLANEOUS POLICE SERVICES - - - 0% 4,065,102 3,392,883 (672,219) 83% FINES AND FORFEITURES: PROOF OF VEHICLE INS PENALTY 10,500 8,165 (2,335) 78% TRAFFIC INFRACTION PENALTIES 51,472 23,622 (27,850) 46% NC TRAFFIC INFRACTION 285,000 206,871 (78,129) 73% CRT COST FEE CODE LEG ASSESSMENT (LGA)15,000 15,332 332 102% SPEEDING DOUBLE - 38 38 0% NON-TRAFFIC INFRACTION PENALTIES - 900 900 0% OTHER INFRACTIONS '04 1,250 616 (634) 49% PARKING INFRACTION PENALTIES 33,000 29,952 (3,048) 91% PR - HANDICAPPED 800 - (800) 0% PARKING INFRACTION LOC 600 40 (560) 7% PARK / INDDISZONE 600 2,716 2,116 453% DWI PENALTIES 9,500 6,466 (3,034) 68% DUI - DP ACCT - 1,315 1,315 0% OTHER CRIMINAL TRAF MISDEM PEN 50 331 281 662% CRIMINAL TRAFFIC MISDEMEANOR 8/03 40,000 25,939 (14,061) 65% OTHER NON-TRAF MISDEMEANOR PEN 600 241 (359) 40% OTHER NON TRAFFIC MISD. 8/03 11,500 11,190 (310) 97% COURT DV PENALTY ASSESSMENT 950 914 (36) 96% CRIMINAL COSTS-RECOUPMENTS 120,000 92,129 (27,871) 77% JURY DEMAND COST 100 - (100) 0% PUBLIC DEFENSE RECOUPMENT 37,000 25,419 (11,581) 69% COURT INTERPRETER COST 300 145 (155) 48% MISC FINES AND PENALTIES 1,050 1,930 880 184% 619,272 454,270 (165,002) 73% CITY OF EDMONDS REVENUES - GENERAL FUND Packet Page 213 of 369 27 Page 3 of 3 Title 2012 Amended Budget 10/31/2012 Revenues Variance % Received MISCELLANEOUS: INVESTMENT INTEREST - 5,167 5,167 0% INVESTMENT SERVICE FEES 9,800 (0) (9,800) 0% INTEREST ON COUNTY TAXES 2,000 1,494 (506) 75% INTEREST - COURT COLLECTIONS 3,150 4,390 1,240 139% PARKING 10,000 9,479 (521) 95% SPACE/FACILITIES RENTALS 140,000 134,055 (5,945) 96% GYM AND WEIGHTROOM FEES 7,800 4,491 (3,309) 58% BRACKET ROOM RENTAL 1,000 4,105 3,105 411% LEASES LONG-TERM 173,465 134,393 (39,072) 77% VENDING MACHINE CONCESSION 4,700 6,103 1,403 130% OTHER RENTS & USE CHARGES 10,078 5,745 (4,333) 57% PARKS DONATIONS 8,456 18,061 9,605 214% BIRD FEST CONTRIBUTIONS 1,500 1,337 (163) 89% SALE OF JUNK/SALVAGE 200 1,080 880 540% SALES OF UNCLAIM PROPERTY 4,000 1,712 (2,288) 43% OTHER JUDGEMENT/SETTLEMENT 200 - (200) 0% POLICE JUDGMENTS/RESTITUTION 100 160 60 160% CASHIER'S OVERAGES/SHORTAGES (200) (4) 196 0% OTHER MISC REVENUES 3,000 5,299 2,299 177% SMALL OVERPAYMENT - 88 88 0% NSF FEES - PARKS & REC - 180 180 0% NSF FEES - MUNICIPAL COURT 525 543 18 103% NSF FEES - DEVEL SERV DEPT - 60 60 0% PLANNING SIGN REVENUE 2,000 - (2,000) 0% 381,774 337,938 (43,836) 89% TRANSFERS-IN: INSURANCE RECOVERIES - - - 0% INTERFUND TRANSFER-IN - - - 0% INTERFUND TRANSFER - In (From 121)25,086 19,473 (5,613) 78% INTERFUND TRANSFER (From 136)6,930 - (6,930) 0% 32,016 19,473 (12,543) 61% TOTAL GENERAL FUND REVENUE 33,017,174$ 25,158,481$ (7,858,693)$ 76% REVENUES - GENERAL FUND CITY OF EDMONDS Packet Page 214 of 369 28 This page is intentionally left blank. Packet Page 215 of 369 29 Page 1 of 5 Title 2012 Amended Budget 10/31/2012 Expenditures Variance % Used GENERAL FUND EXPENDITURES: SALARIES AND WAGES 12,400,915$ 9,830,550$ (2,570,365)$ 79% OVERTIME 458,540 342,232 (116,308) 75% HOLIDAY BUY BACK 179,687 2,526 (177,161) 1% BENEFITS 4,244,239 3,432,088 (812,151) 81% UNIFORMS 63,880 45,696 (18,184) 72% SUPPLIES 435,011 322,054 (112,957) 74% FUEL CONSUMED 700 - (700) 0% SMALL EQUIPMENT 133,012 105,605 (27,407) 79% PROFESSIONAL SERVICES 1,856,601 1,277,663 (578,938) 69% COMMUNICATIONS 210,037 146,799 (63,238) 70% TRAVEL 51,060 18,186 (32,874) 36% ADVERTISING 71,667 35,577 (36,090) 50% RENTAL/LEASE 139,281 111,547 (27,734) 80% INSURANCE 444,962 420,109 (24,853) 94% UTILITIES 454,500 359,797 (94,703) 79% REPAIRS & MAINTENANCE 370,606 173,689 (196,917) 47% MISCELLANEOUS 327,242 243,657 (83,585) 74% INTERGOVERNMENTAL SERVICES 8,218,704 7,779,222 (439,482) 95% ECA CONTINGENCY RESERVE 250,000 80,635 (169,365) 32% EXCISE TAXES 5,200 5,886 686 113% INTERFUND TRANSFER (009,012,116,117,125,511,617)3,019,723 2,434,926 (584,797) 81% MACHINERY/EQUIPMENT 17,144 13,097 (4,047) 76% GENERAL OBLIGATION BOND PRINCIPAL 1,084,062 - (1,084,062) 0% CAPITAL LEASES AND INSTALLMENT PURCHASES 63,380 63,380 (0) 100% OTHER DEBT - - - 0% INTEREST ON LONG-TERM EXTERNAL DEBT 296,838 149,706 (147,132) 50% DEBT ISSUE COSTS 5,000 1,125 (3,875) 23% FISCAL AGENT FEES - - - 0% INTERFUND SERVICES 197,900 112,217 (85,683) 57% INTERFUND FUEL - 55 55 0% INTERFUND SUPPLIES - - - 0% INTERFUND RENTAL 430,246 358,550 (71,696) 83% INTERFUND REPAIRS - 780 780 0% 35,430,137$ 27,867,354$ (7,562,783)$ 79% EMERGENCY/FINANCIAL RESERVE INTERFUND TRANSFER (to 012)1,927,600$ 1,927,600$ (0)$ 100% 1,927,600$ 1,927,600$ (0)$ 100% CRIMINAL INVESTIGATION REVOLVING FUND 2,500$ -$ (2,500)$ 0% INTERFUND TRANSFER (to 104)2,500$ -$ (2,500)$ 0% LEOFF-MEDICAL INS. RESERVE: BENEFITS 462,886$ 323,104$ (139,782)$ 70% In-Home LTC Claims 140,425 130,443 (9,982) 93% PROFESSIONAL SERVICES 16,500 7,186 (9,315) 44% MISCELLANEOUS - 250 250 0% 619,811$ 460,982$ (158,829)$ 74% RESERVE FUND INTERFUND TRANSFER (to 012)1,339,400$ 1,339,367$ (33)$ 100% 1,339,400$ 1,339,367$ (33)$ 100% HISTORIC PRESERVATION GIFT FUND PROFESSTIONAL SERVICES 1,000$ -$ (1,000)$ 0% ADVERTISING 500 - (500) 0% MISCELLANEOUS 7,000 - (7,000) 0% 8,500$ -$ (8,500)$ 0% DRUG ENFORCEMENT FUND: SUPPLIES 200$ -$ (200)$ 0% FUEL CONSUMED 2,000 1,857 (143) 93% SMALL EQUIPMENT 5,000 1,180 (3,820) 24% COMMUNICATIONS 2,233 2,165 (69) 97% REPAIR/MAINT 800 - (800) 0% MISCELLANEOUS 20,000 10,000 (10,000) 50% INTERGOVTL SVC 50,000 19,719 (30,281) 39% 80,233$ 34,921$ (45,312)$ 44% EXPENDITURES BY FUND - DETAIL CITY OF EDMONDS Packet Page 216 of 369 30 Page 2 of 5 Title 2012 Amended Budget 10/31/2012 Expenditures Variance % Used STREET FUND: SALARIES AND WAGES 474,924$ 443,616$ (31,308)$ 93% OVERTIME 18,400 24,605 6,205 134% BENEFITS 191,707 194,975 3,268 102% UNIFORMS 7,000 4,788 (2,212) 68% SUPPLIES 242,500 157,536 (84,964) 65% SMALL EQUIPMENT 24,000 14,279 (9,721) 59% PROFESSIONAL SERVICES 32,700 20,494 (12,206) 63% COMMUNICATIONS 3,000 2,795 (205) 93% TRAVEL 1,000 310 (690) 31% RENTAL/LEASE 1,500 4,274 2,774 285% INSURANCE 93,719 93,305 (414) 100% UTILITIES 261,100 188,208 (72,892) 72% REPAIRS & MAINTENANCE 25,500 8,446 (17,054) 33% MISCELLANEOUS 6,000 6,858 858 114% INTERGOVERNMENTAL SERVICES 6,000 1,115 (4,885) 19% INTERFUND TRANSFER (to 511)6,600 - (6,600) 0% GENERAL OBLIGATION BOND PRINCIPAL 38,954 - (38,954) 0% INTEREST ON LONG-TERM EXTERNAL DEBT 6,200 3,100 (3,100) 50% FISCAL AGENT FEES - - - 0% INTERFUND RENTAL 190,944 159,120 (31,824) 83% 1,631,748$ 1,327,823$ (303,925)$ 81% COMBINED STREET CONST/IMPROVE: PROFESSIONAL SERVICES 846,180$ 689,474$ (156,706)$ 81% INTERFUND TRANSFER OUT (to 112, 132)53,497 41,694 (11,803) 78% LAND 231,022 - (231,022) 0% CONST SURFACE CONST PROJECTS 1,596,538 190,299 (1,406,239) 12% INTERGOVERNMENTAL LOANS 72,202 72,201 (1) 100% INTEREST ON INTERGOVERNMENTAL LOANS 4,841 4,840 (1) 100% INTERFUND SERVICES 136,386 119,936 (16,450) 88% 2,940,666$ 1,118,445$ (1,822,221)$ 38% MULTIMODAL TRANSPORTATION FD: PROFESSIONAL SVC -$ -$ -$ 0% INTERFUND TRANSFER - - - 0% -$ -$ -$ 0% BUILDING MAINTENANCE: SUPPLIES 10,000$ 573$ (9,427)$ 6% PROFESSIONAL SERVICES 40,000 10,225 (29,775) 26% REPAIRS & MAINTENANCE 195,000 18,654 (176,346) 10% MISCELLANEOUS - - - 0% INTERFUND TRANSFER - - - 0% 245,000$ 29,452$ (215,548)$ 12% MUNICIPAL ARTS ACQUIS. FUND: SUPPLIES 4,200$ 2,988$ (1,212)$ 71% SMALL EQUIPMENT 1,000 523 (477) 52% PROFESSIONAL SERVICES 110,500 35,528 (74,972) 32% TRAVEL 50 10 (40) 20% ADVERTISING 4,000 4,000 - 100% RENTAL/LEASE 1,000 - (1,000) 0% REPAIRS & MAINTENANCE 300 - (300) 0% MISCELLANEOUS 10,500 2,533 (7,967) 24% INTERFUND TRANSFER (to 117.300)3,000 - (3,000) 0% 134,550$ 45,582$ (88,968)$ 34% MEMORIAL STREET TREE FUND SUPPLIES -$ 137$ 137$ 0% -$ 137$ 137$ 0% HOTEL/MOTEL TAX REVENUE FUND PROFESSIONAL SERVICES 10,000$ 8,554$ (1,447)$ 86% ADVERTISING 35,000 25,099 (9,901) 72% MISCELLANEOUS 2,500 1,446 (1,054) 58% TRANSFER TO FUND 117 4,000 2,000 (2,000) 50% TRANSFER TO FUND 132 5,000 - (5,000) 0% 56,500$ 37,098$ (19,402)$ 66% CITY OF EDMONDS EXPENDITURES BY FUND - DETAIL Packet Page 217 of 369 31 Page 3 of 5 Title 2012 Amended Budget 10/31/2012 Expenditures Variance % Used EMPLOYEE PARKING PERMIT FUND: SUPPLIES 1,000$ 605$ (395)$ 60% INTERFUND TRANSFER (to 001)25,086 12,543 (12,543) 50% 26,086$ 13,148$ (12,938)$ 50% YOUTH SCHOLARSHIP FUND: MISCELLANEOUS 4,000$ 3,375$ (625)$ 84% 4,000$ 3,375$ (625)$ 84% TOURISM PROMOTIONAL FUND/ARTS: PROFESSIONAL SVC 10,500$ 8,088$ (2,412)$ 77% ADVERTISING 4,500 3,865 (635) 86% MISCELLANEOUS 4,000 3,442 (558) 86% 19,000$ 15,395$ (3,605)$ 81% REAL ESTATE EXCISE TAX 2: SUPPLIES 36,000$ 41,070$ 5,070$ 114% PROFESSIONAL SERVICES 617,000 76,416 (540,584) 12% REPAIRS & MAINTENANCE 100,000 1,544 (98,456) 2% INTERFUND TRANSFER (to 117,132)199,000 - (199,000) 0% CONSTRUCTION PROJECTS 103,000 100,203 (2,797) 97% INTERFUND SERVICES - - - 0% 1,055,000$ 219,234$ (835,766)$ 21% REAL ESTATE EXCISE TAX 1, PARKS ACQ: MISCELLANEOUS -$ -$ -$ 0% TRANSFER TO FUND 234 68,080 16,540 (51,540) 24% 1998 REF BOND PRINCIPAL 502,163 - (502,163) 0% 2001 BONDS, B - INTEREST 127,474 63,737 (63,737) 50% FISCAL AGENT FEES - - - 0% 697,717$ 80,277$ (617,440)$ 12% GIFTS CATALOG FUND: SUPPLIES 6,275$ 1,443$ (4,832)$ 23% PROFESSIONAL SERVICES 4,000 1,980 (2,020) 50% INTERFUND TRANSFER (to 132)2,000 - (2,000) 0% 12,275$ 3,423$ (8,852)$ 28% SPECIAL PROJECTS FUND: PROFESSIONAL SERVICES 83,500$ 74,531$ (8,969)$ 89% CONSTRUCTION 400,000 - (400,000) 0% INTERFUND SERVICES - 10,098 10,098 0% 483,500$ 84,629$ (398,871)$ 18% CEMETERY MAINTENANCE/IMPROVEMENT: SALARIES AND WAGES 71,107$ 56,235$ (14,872)$ 79% OVERTIME 3,500 2,490 (1,010) 71% BENEFITS 32,926 26,729 (6,197) 81% UNIFORMS 1,000 - (1,000) 0% SUPPLIES 7,000 3,135 (3,865) 45% SUPPLIES PURCHASED FOR INVENTORY/RESALE 20,000 19,949 (51) 100% PROFESSIONAL SERVICES 1,000 200 (800) 20% COMMUNICATIONS 1,412 1,048 (364) 74% TRAVEL 1,000 - (1,000) 0% ADVERTISING 3,000 2,223 (777) 74% UTILITIES 3,800 2,477 (1,323) 65% REPAIRS & MAINTENANCE 500 - (500) 0% MISCELLANEOUS 1,000 3,101 2,101 310% MACHINERY/EQUIPMENT 17,500 17,336 (164) 99% INTERFUND SERVICES - - - 0% INTERFUND RENTAL 7,260 6,050 (1,210) 83% 172,005$ 140,973$ (31,032)$ 82% CITY OF EDMONDS EXPENDITURES BY FUND - DETAIL Packet Page 218 of 369 32 Page 4 of 5 Title 2012 Amended Budget 10/31/2012 Expenditures Variance % Used PARKS CONSTRUCTION FUND: SUPPLIES -$ 75,671$ 75,671$ 0% PROFESSIONAL SERVICES 63,000 62,249 (751) 99% CONSTRUCTION PROJECTS 1,303,200 228,399 (1,074,801) 18% INTERFUND SERVICES 10,000 20,395 10,395 204% 1,376,200$ 386,714$ (989,486)$ 28% PARKS TRUST FUND: INTERFUND TRANSFER (to 001)6,930$ 6,930$ -$ 100% 6,930$ 6,930$ -$ 100% SISTER CITY COMMISSION: SUPPLIES 500$ 1,242$ 742$ 248% STUDENT TRIP 2,600 - (2,600) 0% MISCELLANEOUS 1,500 2,903 1,403 194% 4,600$ 4,145$ (455)$ 90% LID FUND CONTROL INTERFUND TRANSFER (to 213)151,500$ 106,000$ (45,500)$ 70% 151,500$ 106,000$ (45,500)$ 70% LID GUARANTY FUND INTERFUND TRANSFER (to 011)244,000$ 244,000$ -$ 100% 244,000$ 244,000$ -$ 100% LIMITED TAX G.O. BOND FUND: 2002 BOND PRINCIPAL 205,000$ -$ (205,000)$ 0% 2002 BOND INTEREST 273,573 136,786 (136,787) 50% 478,573$ 136,786$ (341,787)$ 29% COMBINED UTILITY OPERATION: SALARIES AND WAGES 2,791,123$ 2,243,006$ (548,117)$ 80% OVERTIME 117,180 103,081 (14,099) 88% BENEFITS 1,113,707 932,794 (180,913) 84% UNIFORMS 28,650 17,300 (11,350) 60% SUPPLIES 675,015 521,058 (153,957) 77% FUEL CONSUMED 150,723 123,185 (27,538) 82% WATER PURCHASED FOR RESALE 1,410,000 1,108,055 (301,945) 79% SUPPLIES PURCHASED FOR INVENTORY/RESALE 143,000 82,692 (60,308) 58% SMALL EQUIPMENT 25,500 4,707 (20,793) 18% PROFESSIONAL SERVICES 228,808 151,381 (77,427) 66% COMMUNICATIONS 72,200 54,227 (17,973) 75% TRAVEL 18,600 1,336 (17,264) 7% ADVERTISING 3,560 1,177 (2,383) 33% RENTAL/LEASE 16,300 11,739 (4,561) 72% INSURANCE 288,211 242,229 (45,982) 84% UTILITIES 999,853 633,405 (366,448) 63% REPAIRS & MAINTENANCE 131,930 73,575 (58,355) 56% MISCELLANEOUS 592,880 524,882 (67,998) 89% INTERGOVERNMENTAL SERVICES 667,900 168,107 (499,793) 25% INTERFUND TAXES 1,548,996 1,327,780 (221,216) 86% INTERFUND TRANSFER (to 412,414)1,852,811 270,769 (1,582,042) 15% LAND - - - 0% BUILDINGS - - - 0% MACHINERY/EQUIPMENT - - - 0% GENERAL OBLIGATION BOND PRINCIPAL 111,862 - (111,862) 0% REVENUE BOND PRINCIPAL 445,499 - (445,499) 0% INTERGOVERNMENTAL LOANS 180,398 181,966 1,568 101% INTEREST ON LONG-TERM EXTERNAL DEBT 500,868 238,122 (262,746) 48% DEBT ISSUE COSTS 33,104 2,759 (30,345) 8% FISCAL AGENT FEES - 272 272 0% INTERFUND SERVICES 818,454 643,969 (174,485) 79% INTERFUND RENTAL 407,150 339,290 (67,860) 83% INTERFUND REPAIRS - - - 0% 15,374,282$ 10,002,863$ (5,371,419)$ 65% EXPENDITURES BY FUND - DETAIL CITY OF EDMONDS Packet Page 219 of 369 33 Page 5 of 5 Title 2012 Amended Budget 10/31/2012 Expenditures Variance % Used COMBINED UTILITY CONST/IMPROVE: PROFESSIONAL SERVICES 1,814,861$ 623,922$ (1,190,939)$ 34% INTERFUND TRANSFER (to 112,117,132,412.300)808,111 - (808,111) 0% LAND 3,500 - (3,500) 0% CONSTRUCTION PROJECTS 8,102,386 1,776,493 (6,325,893) 22% INTERFUND SERVICES 570,821 509,575 (61,246) 89% 11,299,679$ 2,909,990$ (8,389,689)$ 26% CAPITAL IMPROVEMENTS RESERVE: PROFESSIONAL SERVICES 85,000$ 395,364$ 310,364$ 465% CONSTRUCTION PROJECTS 1,226,012 154,978 (1,071,034) 13% GENERAL OBLIGATION BOND PRINCIPAL 85,888 - (85,888) 0% REVENUE BONDS 49,132 - (49,132) 0% INTERGOVERNMENTAL LOANS 34,875 34,875 - 100% INTEREST ON LONG-TERM DEBT 90,608 45,643 (44,965) 50% FISCAL AGENT FEES - 7 7 0% 1,571,515$ 630,868$ (940,647)$ 40% EQUIPMENT RENTAL FUND: SALARIES AND WAGES 218,537$ 180,835$ (37,702)$ 83% OVERTIME 2,000 906 (1,094) 45% BENEFITS 100,670 85,630 (15,040) 85% UNIFORMS 1,000 562 (438) 56% SUPPLIES 76,000 73,480 (2,520) 97% FUEL CONSUMED 1,000 951 (49) 95% SUPPLIES PURCHASED FOR INVENTORY/RESALE 320,510 271,864 (48,646) 85% SMALL EQUIPMENT 10,000 5,312 (4,688) 53% PROFESSIONAL SERVICES 1,000 477 (523) 48% COMMUNICATIONS 3,500 1,127 (2,373) 32% TRAVEL 500 - (500) 0% ADVERTISING 500 - (500) 0% RENTAL/LEASE 3,500 909 (2,591) 26% INSURANCE 23,261 32,530 9,269 140% UTILITIES 14,000 9,327 (4,673) 67% REPAIRS & MAINTENANCE 85,000 27,099 (57,902) 32% MISCELLANEOUS 7,500 5,666 (1,834) 76% INTERGOVERNMENTAL SERVICES 2,500 1,486 (1,014) 59% MACHINERY/EQUIPMENT 531,700 408,645 (123,055) 77% INTERFUND SERVICES 20,000 - (20,000) 0% INTERFUND RENTAL 10,356 8,630 (1,726) 83% 1,433,034$ 1,115,435$ (317,599)$ 78% FIREMEN'S PENSION FUND: BENEFITS 66,515$ 45,608$ (20,907)$ 69% PENSION AND DISABILITY PAYMENTS 52,500 31,710 (20,790) 60% PROF SERVICES 4,500 1,065 (3,436) 24% 123,515$ 78,383$ (45,133)$ 63% TRANSPORTATION BENEFIT DISTRICT: INSURANCE 5,000$ 5,000$ -$ 100% INTERGOVTL SERVICES 595,000 49,936 (545,064) 8% INTERFUND TRANSFER (To 111)- 490,779 490,779 0% 600,000$ 545,715$ (54,285)$ 91% TOTAL EXPENDITURE ALL FUNDS 79,550,056$ 50,917,040$ (28,622,120)$ 64% EXPENDITURES BY FUND - DETAIL CITY OF EDMONDS Packet Page 220 of 369 34 Title 2012 Amended Budget 10/31/2012 Expenditures Variance % Used CITY COUNCIL 269,812$ 208,323$ (61,489)$ 77% OFFICE OF MAYOR 253,184 188,487 (64,697) 74% HUMAN RESOURCES 286,799 185,170 (101,629) 65% MUNICIPAL COURT 779,038 601,450 (177,588) 77% ECONOMIC DEVELOPMENT 138,880 88,284 (50,596) 64% CITY CLERK 609,840 412,633 (197,207) 68% ADMINISTRATIVE SERVICES 1,456,284 1,107,729 (348,555) 76% CITY ATTORNEY 495,000 395,149 (99,851) 80% NON-DEPARTMENTAL 13,519,638 10,948,495 (2,571,143) 81% POLICE SERVICES 9,165,244 6,900,094 (2,265,150) 75% COMMUNITY SERVICES 326,930 260,295 (66,635) 80% DEVELOPMENT SERVICES 1,658,272 1,325,946 (332,326) 80% PARKS & RECREATION 3,506,852 2,821,063 (685,789) 80% PUBLIC WORKS 1,612,816 1,359,065 (253,751) 84% FACILITIES MAINTENANCE 1,351,548 1,065,171 (286,377) 79% 35,430,137$ 27,867,354$ (7,562,783)$ 79% Title 2012 Amended Budget 10/31/2012 Expenditures Variance % Used STORM DRAINAGE UTILITY 2,175,503$ 1,397,292$ (778,211)$ 64% WATER 5,160,555 3,709,594 (1,450,961) 72% SEWER 4,506,994 2,205,948 (2,301,046) 49% TREATMENT PLANT 3,531,230 2,690,029 (841,201) 76% 15,374,282$ 10,002,863$ (5,371,419)$ 65% EXPENDITURES - GENERAL FUND - BY DEPARTMENT IN SUMMARY EXPENDITURES - COMBINED UTILITY- BY DEPARTMENT IN SUMMARY CITY OF EDMONDS CITY OF EDMONDS Packet Page 221 of 369 35 Page 1 of 4 Title 2012 Amended Budget 10/31/2012 Expenditures Variance % Used CITY COUNCIL SALARIES 105,665$ 88,190$ (17,475)$ 83% OVERTIME 7,240 5,070 (2,170) 70% BENEFITS 69,902 58,702 (11,200) 84% SUPPLIES 1,525 593 (932) 39% PROFESSIONAL SVC 50,000 45,501 (4,499) 91% COMMUNICATIONS 3,000 2,443 (557) 81% TRAVEL 2,500 879 (1,621) 35% RENTAL/LEASE 480 385 (95) 80% REPAIRS/MAINT 1,500 - (1,500) 0% MISCELLANEOUS 28,000 6,560 (21,440) 23% 269,812$ 208,323$ (61,489)$ 77% OFFICE OF MAYOR SALARIES 193,896$ 148,399$ (45,497)$ 77% OVERTIME - - - 0% BENEFITS 49,188 33,706 (15,482) 69% SUPPLIES 2,000 677 (1,323) 34% PROFESSIONAL SVC 1,000 - (1,000) 0% COMMUNICATION 1,400 907 (493) 65% TRAVEL 700 773 73 110% RENTAL/LEASE 1,500 2,067 567 138% REPAIR/MAINT 500 - (500) 0% MISCELLANEOUS 3,000 1,957 (1,043) 65% 253,184$ 188,487$ (64,697)$ 74% HUMAN RESOURCES SALARIES 144,191$ 77,660$ (66,531)$ 54% OVERTIME - - - 0% BENEFITS 32,098 28,093 (4,005) 88% SUPPLIES 2,500 1,589 (911) 64% SMALL EQUIPMENT 100 - (100) 0% PROFESSIONAL SVC 77,500 65,466 (12,034) 84% COMMUNICATIONS 500 304 (196) 61% TRAVEL 500 - (500) 0% ADVERTISING 9,000 783 (8,217) 9% RENTAL/LEASE 2,000 1,993 (7) 100% REPAIR/MAINT 6,000 4,820 (1,180) 80% MISCELLANEOUS 12,410 4,462 (7,948) 36% 286,799$ 185,170$ (101,629)$ 65% MUNICIPAL COURT SALARIES 486,685$ 384,221$ (102,464)$ 79% OVERTIME 1,400 572 (828) 41% BENEFITS 172,053 138,190 (33,863) 80% SUPPLIES 14,500 9,248 (5,252) 64% SMALL EQUIPMENT 6,500 - (6,500) 0% PROFESSIONAL SERVICES 66,600 45,751 (20,849) 69% COMMUNICATIONS 2,600 1,819 (781) 70% TRAVEL 2,500 2,125 (375) 85% RENTAL/LEASE 1,300 626 (674) 48% REPAIR/MAINT 2,200 978 (1,222) 44% MISCELLANEOUS 22,350 17,827 (4,523) 80% INTERGOVTL SVC 350 92 (258) 26% 779,038$ 601,450$ (177,588)$ 77% EXPENDITURES - GENERAL FUND - BY DEPARTMENT IN DETAIL CITY OF EDMONDS Packet Page 222 of 369 36 Page 2 of 4 Title 2012 Amended Budget 10/31/2012 Expenditures Variance % Used ECONOMIC DEVELOPMENT BENEFITS -$ 13$ 13$ 0% SUPPLIES 500 1,375 875 275% SMALL EQUIPMENT 300 - (300) 0% PROFESSIONAL SERVICES 103,680 75,141 (28,539) 72% COMMUNICATIONS 400 225 (175) 56% TRAVEL 1,000 - (1,000) 0% ADVERTISING 30,000 9,338 (20,662) 31% MISCELLANEOUS 3,000 2,193 (807) 73% 138,880$ 88,284$ (50,596)$ 64% CITY CLERK SALARIES AND WAGES 302,054$ 243,823$ (58,231)$ 81% BENEFITS 90,045 75,616 (14,429) 84% SUPPLIES 13,760 7,245 (6,515) 53% PROFESSIONAL SERVICES 89,377 14,327 (75,050) 16% COMMUNICATIONS 52,067 29,021 (23,046) 56% TRAVEL 1,000 7 (993) 1% ADVERTISING 23,690 18,205 (5,485) 77% RENTAL/LEASE 27,310 13,554 (13,756) 50% REPAIRS & MAINTENANCE 8,037 7,778 (259) 97% MISCELLANEOUS 2,500 3,057 557 122% 609,840$ 412,633$ (197,207)$ 68% ADMINISTRATIVE SERVICES SALARIES 741,956$ 600,641$ (141,315)$ 81% OVERTIME 8,100 7,137 (963) 88% BENEFITS 222,895 189,287 (33,608) 85% SUPPLIES 60,690 62,467 1,777 103% SMALL EQUIPMENT 63,500 61,612 (1,888) 97% PROFESSIONAL SERVICES 75,602 34,334 (41,268) 45% COMMUNICATIONS 60,220 50,089 (10,131) 83% TRAVEL 4,800 1,675 (3,125) 35% RENTAL/LEASE 3,300 3,552 252 108% REPAIR/MAINT 203,929 77,265 (126,664) 38% MISCELLANEOUS 10,500 19,010 8,510 181% INTERFUND RENTAL 792 660 (132) 83% 1,456,284$ 1,107,729$ (348,555)$ 76% CITY ATTORNEY PROFESSIONAL SVC 495,000$ 394,949$ (100,051)$ 80% MISC PROSECUTOR - 200 200 0% 495,000$ 395,149$ (99,851)$ 80% NON-DEPARTMENTAL SALARIES 100,000$ 1,900$ (98,100)$ 2% BENEFITS - UNEMPLOYMENT 70,000 43,750 (26,250) 63% PROFESSIONAL SVC 294,962 194,443 (100,519) 66% COMMUNICATIONS - 5 5 0% RENTAL/LEASE 3,700 3,600 (100) 97% INSURANCE 444,962 420,109 (24,853) 94% MISCELLANEOUS 72,300 56,083 (16,217) 78% INTERGOVT SVC 7,611,611 7,380,730 (230,881) 97% ECA LOAN PAYMENT 250,000 80,635 (169,365) 32% EXCISE TAXES 5,200 5,886 686 113% INTERFUND TRANSFERS 3,019,723 2,434,926 (584,797) 81% GENERAL OBLIGATION BOND 1,084,062 - (1,084,062) 0% INSTALLMENT PURCHASES 63,380 63,380 (0) 100% OTHER DEBT - - - 0% INTEREST ON LONG-TERM DEBT 296,838 149,706 (147,132) 50% DEBT ISSUANCE COSTS 5,000 1,125 (3,875) 23% FISCAL AGENT FEES - - - 0% INTERFUND SERVICES 197,900 112,217 (85,683) 57% 13,519,638$ 10,948,495$ (2,571,143)$ 81% CITY OF EDMONDS EXPENDITURES - GENERAL FUND - BY DEPARTMENT IN DETAIL Packet Page 223 of 369 37 Page 3 of 4 Title 2012 Amended Budget 10/31/2012 Expenditures Variance % Used POLICE SERVICES SALARIES 5,400,738$ 4,219,819$ (1,180,919)$ 78% OVERTIME 420,000 311,917 (108,083) 74% HOLIDAY BUYBACK 179,687 2,526 (177,161) 1% BENEFITS 1,899,147 1,463,962 (435,185) 77% UNIFORMS 53,570 41,377 (12,193) 77% SUPPLIES 95,900 70,112 (25,788) 73% SMALL EQUIPMENT 14,300 5,252 (9,048) 37% PROFESSIONAL SVC 95,200 69,904 (25,296) 73% COMMUNICATIONS 33,592 21,397 (12,195) 64% TRAVEL 26,300 9,994 (16,306) 38% ADVERTISING 375 66 (309) 18% RENTAL/LEASE 18,000 12,853 (5,147) 71% REPAIR/MAINT 16,115 7,424 (8,691) 46% MISCELLANEOUS 55,512 30,763 (24,749) 55% INTERGOVTL SVC 536,048 364,593 (171,455) 68% INTERFUND FUEL-BOAT - 55 55 0% INTERFUND RENTAL 320,760 267,300 (53,460) 83% INTERFUND REPAIRS - 780 780 0% 9,165,244$ 6,900,094$ (2,265,150)$ 75% COMMUNITY SERVICES ADMIN SALARIES 212,854$ 176,197$ (36,657)$ 83% BENEFITS 60,622 51,303 (9,319) 85% SUPPLIES 1,000 423 (577) 42% SMALL EQUIPMENT 500 - (500) 0% PROFESSIONAL SVC 45,924 28,495 (17,429) 62% COMMUNICATIONS 1,090 686 (404) 63% TRAVEL 1,000 24 (976) 2% ADVERTISING 500 - (500) 0% RENTAL/LEASE 1,320 2,000 680 152% REPAIR/MAINT 500 - (500) 0% MISCELLANEOUS 1,000 646 (354) 65% INTERFUND RENTAL 620 520 (100) 84% 326,930$ 260,295$ (66,635)$ 80% DEVELOPMENT SERVICES/PLANNING SALARIES 1,071,681$ 880,513$ (191,168)$ 82% OVERTIME 2,800 2,881 81 103% BENEFITS 374,639 313,411 (61,228) 84% UNIFORMS 320 - (320) 0% SUPPLIES 17,510 11,214 (6,296) 64% MINOR EQUIPMENT 2,300 550 (1,750) 24% PROFESSIONAL SVC 116,890 59,815 (57,075) 51% COMMUNICATIONS 4,630 4,070 (560) 88% TRAVEL 3,500 998 (2,502) 29% ADVERTISING 4,250 4,327 77 102% RENTAL/LEASE 22,500 17,967 (4,533) 80% REPAIRS & MAINTENANCE 2,000 606 (1,394) 30% MISCELLANEOUS 27,600 23,215 (4,385) 84% INTERFUND RENTAL 7,652 6,380 (1,272) 83% 1,658,272$ 1,325,946$ (332,326)$ 80% ENGINEERING SALARIES 958,860$ 802,506$ (156,354)$ 84% OVERTIME 5,000 3,385 (1,615) 68% BENEFITS 321,636 280,503 (41,133) 87% UNIFORMS 450 122 (328) 27% SUPPLIES - - - 0% MINOR EQUIPMENT 2,500 2,398 (102) 96% PROFESSIONAL SVC 5,000 2,145 (2,855) 43% COMMUNICATIONS 6,500 4,478 (2,022) 69% TRAVEL 620 521 (99) 84% ADVERTISING - - - 0% RENTAL/LEASE - - - 0% REPAIR/MAINT 1,800 895 (905) 50% MISCELLANEOUS 9,600 9,701 101 101% MACHINERY/EQUIPMENT - - - 0% INTERFUND RENTAL 6,740 5,620 (1,120) 83% 1,318,706$ 1,112,275$ (206,431)$ 84% CITY OF EDMONDS EXPENDITURES - GENERAL FUND - BY DEPARTMENT IN DETAIL Packet Page 224 of 369 38 Page 4 of 4 Title 2012 Amended Budget 10/31/2012 Expenditures Variance % Used PARKS & RECREATION SALARIES 1,880,905$ 1,517,488$ (363,417)$ 81% OVERTIME 5,300 9,273 3,973 175% BENEFITS 571,640 496,621 (75,019) 87% UNIFORMS 6,540 2,466 (4,074) 38% SUPPLIES 145,026 97,881 (47,145) 67% MINOR EQUIPMENT 35,012 33,568 (1,444) 96% PROFESSIONAL SVC 339,666 247,348 (92,318) 73% COMMUNICATIONS 28,938 19,442 (9,496) 67% TRAVEL 6,140 1,186 (4,954) 19% ADVERTISING 3,852 2,859 (993) 74% RENTAL/LEASE 50,471 52,074 1,603 103% PUBLIC UTILITY 150,000 142,037 (7,963) 95% REPAIR/MAINT 52,025 31,816 (20,209) 61% MISCELLANEOUS 76,370 64,161 (12,209) 84% INTERGOVTL SVC 70,695 33,807 (36,888) 48% MACHINERY/EQUIPMENT 17,144 13,097 (4,047) 76% INTERFUND RENTAL 67,128 55,940 (11,188) 83% 3,506,852$ 2,821,063$ (685,789)$ 80% PUBLIC WORKS SALARIES 208,578$ 182,852$ (25,726)$ 88% OVERTIME 200 - (200) 0% BENEFITS 64,638 54,516 (10,122) 84% SUPPLIES 5,100 3,185 (1,915) 62% PROFESSIONAL SERVICES 200 43 (157) 22% COMMUNICATIONS 1,100 902 (198) 82% TRAVEL 500 - (500) 0% RENTAL/LEASE 7,400 878 (6,522) 12% PUBLIC UTILITY 2,500 1,807 (693) 72% REPAIR/MAINT 1,000 - (1,000) 0% MISCELLANEOUS 1,000 1,027 27 103% INTERFUND RENTAL 1,894 1,580 (314) 83% 294,110$ 246,791$ (47,319)$ 84% FACILITIES MAINTENANCE SALARIES 592,852$ 506,339$ (86,513)$ 85% OVERTIME 8,500 1,996 (6,504) 23% BENEFITS 245,736 204,414 (41,322) 83% UNIFORMS 3,000 1,731 (1,269) 58% SUPPLIES 75,000 56,045 (18,955) 75% FUEL CONSUMED 700 - (700) 0% MINOR EQUIPMENT 8,000 2,225 (5,775) 28% PROFESSIONAL SERVICES - - - 0% TRAVEL - 2 2 0% COMMUNICATIONS 14,000 11,012 (2,988) 79% PUBLIC UTILITY 302,000 215,952 (86,048) 72% REPAIR/MAINT 75,000 42,107 (32,893) 56% MISCELLANEOUS 2,100 2,796 696 133% INTERFUND RENTAL 24,660 20,550 (4,110) 83% 1,351,548$ 1,065,171$ (286,377)$ 79% TOTAL GENERAL FUND EXPENDITURES 35,430,137$ 27,867,354$ (7,562,783)$ 79% CITY OF EDMONDS EXPENDITURES - GENERAL FUND - BY DEPARTMENT IN DETAIL Packet Page 225 of 369 39 Page 1 of 2 Title 2012 Amended Budget 10/31/2012 Expenditures Variance % Used STORM DRAINAGE SALARIES 477,207$ 364,230$ (112,977)$ 76% OVERTIME 6,000 7,233 1,233 121% BENEFITS 195,826 151,391 (44,435) 77% UNIFORMS 6,500 5,076 (1,424) 78% SUPPLIES 58,005 34,198 (23,807) 59% MINOR EQUIPMENT 4,000 2,552 (1,448) 64% PROFESSIONAL SERVICES 18,836 10,954 (7,882) 58% COMMUNICATIONS 3,200 1,079 (2,121) 34% TRAVEL 4,300 - (4,300) 0% ADVERTISING 500 - (500) 0% RENTAL/LEASE 7,500 3,352 (4,148) 45% INSURANCE 9,302 8,889 (413) 96% UTILITIES 10,000 6,868 (3,132) 69% REPAIR/MAINT 12,860 6,060 (6,800) 47% MISCELLANEOUS 78,500 85,078 6,578 108% INTERGOVT SERVICE 40,000 42,562 2,562 106% STORMWATER TAX 254,061 228,723 (25,338) 90% INTERFUND TRANSFER (to 412)200,000 - (200,000) 0% LAND - - - 0% BUILDINGS - - - 0% MACHINERY/EQUIPMENT - - - 0% GENERAL OBLIGATION BOND 108,298 - (108,298) 0% REVENUE BOND 68,724 - (68,724) 0% INTERGOVERNMENTAL LOAN 32,063 32,063 (1) 100% INTEREST ON LONG-TERM DEBT 184,617 88,129 (96,488) 48% DEBT ISSUE COSTS - - - 0% FISCAL AGENT FEES - 78 78 0% INTERFUND SERVICES 228,092 179,516 (48,576) 79% INTERFUND RENTAL 167,112 139,260 (27,852) 83% 2,175,503$ 1,397,292$ (778,211)$ 64% WATER SALARIES 715,880$ 564,623$ (151,257)$ 79% OVERTIME 24,180 17,291 (6,889) 72% BENEFITS 267,990 238,368 (29,622) 89% UNIFORMS 6,800 2,842 (3,958) 42% SUPPLIES 143,505 114,089 (29,416) 80% WATER PURCHASED FOR RESALE 1,410,000 1,108,055 (301,945) 79% SUPPLIES FOR INVENTORY/RESALE 140,000 79,392 (60,608) 57% SMALL EQUIPMENT 10,000 - (10,000) 0% PROFESSIONAL SVC 77,136 22,048 (55,088) 29% COMMUNICATIONS 30,000 23,049 (6,951) 77% TRAVEL 3,400 - (3,400) 0% ADVERTISING 560 - (560) 0% RENTAL/LEASE 1,500 2,906 1,406 194% INSURANCE 84,030 70,440 (13,590) 84% PUBLIC UTILITY 28,000 25,130 (2,870) 90% REPAIR/MAINT 24,160 9,977 (14,183) 41% RCP - MISCELLANEOUS 301,630 262,840 (38,790) 87% INTERGOVTL SVC 30,000 23,744 (6,256) 79% WATER TAX 824,935 708,106 (116,829) 86% INTERFUND TRANSFER-OUT (to 412)200,000 - (200,000) 0% GENERAL OBLIGATION BOND 1,980 - (1,980) 0% REVENUE BOND 181,627 - (181,627) 0% INTERGOVERNMENTAL LOANS 44,270 45,839 1,569 104% INTEREST ON LONG-TERM DEBT 262,963 121,818 (141,145) 46% AMORTIZED DEBT ISSUE COSTS 16,553 1,379 (15,174) 8% FISCAL AGENT FEES - 163 163 0% INTERFUND SVC 224,970 180,425 (44,545) 80% INTERFUND RENTAL 104,486 87,070 (17,416) 83% 5,160,555$ 3,709,594$ (1,450,961)$ 72% CITY OF EDMONDS EXPENDITURES - COMBINED UTILITY- BY DEPARTMENT IN DETAIL Packet Page 226 of 369 40 Page 2 of 2 Title 2012 Amended Budget 10/31/2012 Expenditures Variance % Used SEWER SALARIES 434,516$ 373,779$ (60,737)$ 86% OVERTIME 17,000 17,389 389 102% BENEFITS 206,345 177,790 (28,555) 86% UNIFORMS 5,100 3,245 (1,855) 64% SUPPLIES 61,005 37,475 (23,530) 61% SEWER INVENTORY 3,000 3,300 300 110% SMALL EQUIPMENT 6,000 1,511 (4,489) 25% PROFESSIONAL SVC 53,836 9,201 (44,635) 17% COMMUNICATIONS 30,000 22,439 (7,561) 75% TRAVEL 2,400 - (2,400) 0% ADVERTISING 500 - (500) 0% RENTAL/LEASE 1,800 3,040 1,240 169% INSURANCE 104,574 94,658 (9,916) 91% PUBLIC UTILITY 533,813 268,929 (264,884) 50% REPAIR/MAINT 16,860 9,922 (6,938) 59% MISCELLANEOUS 130,000 116,244 (13,756) 89% INTERGOVTL SVS 393,900 30,797 (363,103) 8% SEWER UTILITY TAX 470,000 390,951 (79,049) 83% INTERFUND TRANSFER (to 412, 414)1,452,811 270,769 (1,182,042) 19% GENERAL OBLIGATION BOND 1,584 - (1,584) 0% REVENUE BONDS 106,475 - (106,475) 0% INTERGOVERNMENTAL LOANS 104,065 104,065 (0) 100% INTEREST ON LONG-TERM DEBT 50,044 26,683 (23,361) 53% AMORTIZED DEBT ISSUE COSTS 16,551 1,379 (15,172) 8% FISCAL AGENT FEES - 28 28 0% INTERFUND SVC 176,571 135,483 (41,088) 77% INTERFUND RENTAL 128,244 106,870 (21,374) 83% INTERFUND REPAIR/MAINT - - - 0% 4,506,994$ 2,205,948$ (2,301,046)$ 49% TREATMENT PLANT SALARIES 1,163,520$ 940,373$ (223,147)$ 81% OVERTIME 70,000 61,169 (8,831) 87% BENEFITS 443,546 365,245 (78,301) 82% UNIFORMS 10,250 6,136 (4,114) 60% SUPPLIES 412,500 335,296 (77,204) 81% FUEL CONSUMED 150,723 123,185 (27,538) 82% SMALL EQUIPMENT 5,500 643 (4,857) 12% PROFESSIONAL SVC 79,000 109,178 30,178 138% COMMUNICATIONS 9,000 7,660 (1,340) 85% TRAVEL 8,500 1,336 (7,164) 16% ADVERTISING 2,000 1,177 (823) 59% RENTAL/LEASE 5,500 2,441 (3,059) 44% INSURANCE 90,305 68,242 (22,063) 76% UTILITIES 428,040 332,478 (95,562) 78% REPAIR/MAINT 78,050 47,616 (30,434) 61% MISCELLANEOUS 82,750 60,720 (22,030) 73% INTERGOVTL SVS 204,000 71,004 (132,996) 35% FISCAL AGENT FEES - 4 4 0% REVENUE BOND 88,673 - (88,673) 0% INTEREST ON LONG-TERM DEBT 3,244 1,492 (1,752) 46% INTERFUND SVC 188,821 148,544 (40,277) 79% INTERFUND RENTAL 7,308 6,090 (1,218) 83% 3,531,230$ 2,690,029$ (841,201)$ 76% CITY OF EDMONDS EXPENDITURES - COMBINED UTILITY- BY DEPARTMENT IN DETAIL Packet Page 227 of 369    AM-5315     11. A.              City Council Meeting and Committee Meetings Meeting Date:12/11/2012 Time:5 Minutes   Submitted For:JoAnne Zulauf Submitted By:Megan Luttrell Department:Engineering Committee: Parks, Planning, Public Works Type: Action Information Subject Title Authorization for Mayor to approve acceptance and recording of Public Pedestrian Access Easement for Key Bank Recommendation Forward item to the consent agenda for acceptance at the December 18, 2012 City Council meeting. Previous Council Action None. Narrative The recently completed Key Bank at 9930 Edmonds Way was required to construct new sidewalk improvements along the property frontage on Edmonds Way and 100th Ave S.  A pedestrian easement from Key Bank is required for a section of sidewalk improvements built on private property. The improvements within the proposed easement were necessary to establish the minimum sidewalk width and maintain clearances around existing utilities at the corner of Edmonds Way and 100th Ave S. Attachments Attachment 1 - Easement Form Review Inbox Reviewed By Date Engineering Robert English 12/05/2012 01:52 PM Public Works Kody McConnell 12/05/2012 02:07 PM City Clerk Sandy Chase 12/05/2012 02:08 PM Mayor Dave Earling 12/05/2012 05:15 PM Finalize for Agenda Sandy Chase 12/06/2012 08:35 AM Form Started By: Megan Luttrell Started On: 12/05/2012 10:56 AM Final Approval Date: 12/06/2012  Packet Page 228 of 369 Pa c k e t Pa g e 22 9 of 36 9 Pa c k e t Pa g e 23 0 of 36 9 Pa c k e t Pa g e 23 1 of 36 9    AM-5313     11. B.              City Council Meeting and Committee Meetings Meeting Date:12/11/2012 Time:5 Minutes   Submitted For:Mike De Lilla Submitted By:Megan Luttrell Department:Engineering Committee: Parks, Planning, Public Works Type: Action Information Subject Title Authorization to award construction services for the 76th Avenue W Water Main Replacement Project to Santana Trucking & Excavating, Inc. Recommendation Forward this item to the consent agenda for approval at the December 18, 2012 Council meeting. Previous Council Action On August 15, 2011, Council authorized Mayor to sign the Interlocal Agreement with the City of Lynnwood. On February 21, 2012, Council authorized staff to advertise the 76th Ave W Watermain Installation Project that is part of the City of Lynnwood’s Sewer Main Replacement project. Narrative The 76th Avenue W Water Main Installation Project will upgrade/replace portions of the City’s potable water network by replacing approximately 2,000 linear feet of existing waterlines and associated appurtenances along 76th Avenue W from approximately 180th Street to 175th Street. The selection of the site was determined using the data supplied in the 2010 Comprehensive Water System Plan dated December 2010, and because it coincided with the Sewer Main upgrade project that the City of Lynnwood will construct along the same project limits. An Interlocal Agreement was drafted and approved by the City of Lynnwood on October 6, 2011 and the City of Edmonds on October 17, 2011, so that the Water Main Installation Project can be done in conjunction with the City of Lynnwood as part of their Sewer Main replacement project.  As part of the aforementioned interlocal agreement, the City of Lynnwood, with coordination and input from City of Edmonds staff, selected a contractor to build the project using the selection process outlined Lynnwood's purchasing policy. Construction is expected to start in spring 2013 and be complete by the end of summer 2013. On October 25, 2012, the City of Lynnwood received bids for the 76th Avenue W Sewer Main Project and Water Main Replacement Project. The low responsive bid was received from Santana Trucking & Excavating, Inc. in the amount of $1,890,213.31 for all project work (including both Lynnwood and Edmonds work.) The following table shows the estimated construction budget for the Water Main Replacement work:      Water Main Replacement Contract Amount for Waterlines $525,786.15 Construction Contingency 10%$53,000.00 Construction Management for Edmonds & Lynnwood (15% of contract cost + Construction Contingency) $87,000.00 Total $665,786.15 The funding for this project comes from the Water Utility Fund as part of the 2013 Waterline Replacement Program and the Fire Hydrant Improvement Fund. The Interlocal agreement requires that Lynnwood obtain concurrence from Edmonds prior to awarding the Water Main Replacement work and that Edmonds authorize a 10% construction contingency. Packet Page 232 of 369 Form Review Inbox Reviewed By Date Engineering Robert English 12/05/2012 04:06 PM Public Works Kody McConnell 12/05/2012 04:08 PM City Clerk Sandy Chase 12/05/2012 04:09 PM Mayor Dave Earling 12/05/2012 05:16 PM Finalize for Agenda Sandy Chase 12/06/2012 08:35 AM Form Started By: Megan Luttrell Started On: 12/05/2012 09:43 AM Final Approval Date: 12/06/2012  Packet Page 233 of 369    AM-5314     11. C.              City Council Meeting and Committee Meetings Meeting Date:12/11/2012 Time:5 Minutes   Submitted For:Rob English Submitted By:Robert English Department:Engineering Committee: Parks, Planning, Public Works Type: Action Information Subject Title Report on final cost on the Perrinville Creek Mitigation Project and acceptance of project. Recommendation Forward item to the consent agenda for acceptance at the December 18, 2012 City Council meeting. Previous Council Action Narrative The purpose of this project was to provide bank stabilization on a portion of upper Perrinville Creek that had been experiencing severe erosion. The eroded bank material would then be transported downstream causing sedimentation issues on the lower reach of the creek. This project was required and approved by the Washington Department of Fish & Wildlife (WFDW) as mitigation for the Talbot Road Storm Drainage Improvement project. The original design of the project included stream channel enhancements on private property at the lower end of the Creek. Since an easement could not be obtained from the property owner, the project was redesigned and the upstream mitigation was substituted.  The City, through the small works project process, hired Glacier Peak Construction to construct the improvements in Perrinville Creek.  The contract award amount was $34,164 and the work has been completed and inspected by WDFW and City staff. There were no change orders and the final cost to complete the project was $32,964.90. Form Review Inbox Reviewed By Date Engineering Robert English 12/05/2012 01:03 PM Public Works Kody McConnell 12/05/2012 02:07 PM City Clerk Sandy Chase 12/05/2012 02:08 PM Mayor Dave Earling 12/05/2012 05:17 PM Finalize for Agenda Sandy Chase 12/06/2012 08:35 AM Form Started By: Robert English Started On: 12/05/2012 09:49 AM Final Approval Date: 12/06/2012  Packet Page 234 of 369    AM-5316     11. D.              City Council Meeting and Committee Meetings Meeting Date:12/11/2012 Time:5 Minutes   Submitted For:Jerry Shuster Submitted By:Megan Luttrell Department:Engineering Committee: Parks, Planning, Public Works Type: Action Information Subject Title Briefing on the Status of the Dayton Street & SR104 Drainage Alternatives Study. Recommendation Present the briefing to the City Council at a January meeting. Previous Council Action On October 18, 2011, Council authorized Staff to advertise a Request for Qualifications (RFQ) for the Dayton Street & SR104 Drainage Alternatives Study.  On February 21, 2012, Council authorized the Mayor to sign a Professional Services Agreement with SAIC to provide services for the Dayton Street & SR104 Drainage Alternatives Study. Narrative The intersection of Dayton St and SR104 frequently floods. Flooding was particularly evident on November 19, 2012 when 2.26 inches of precipitation fell in a 24-hr period. The intersection and immediate vicinity is an economic and transportation focal point for the City, Port of Edmonds, Washington Department of Transportation, Washington State Ferries, Sound Transit and private commercial property owners. The consultant has surveyed the area, developed a hydrologic and hydraulic model of the system, assessed the causes of the flooding, and has developed an initial list of alternative actions to reduce the frequency of flooding at the intersection. This briefing describes the causes of the flooding at the intersection and presents the initial list of alternative actions. Actions are classified as short-, medium-, and long-term solutions. A stakeholder meeting was held on December 6, 2012 presenting this information. The meeting was attended by representatives from the Washington Department of Transportation, Washington State Ferries, Port of Edmonds, Sound Transit, Washington Department of Fish & Wildlife, Salish Crossing, and City Staff to begin developing a coalition to implement alternative solutions. Briefly, the primary causes of the flooding at the intersection during moderate to large storm events are: • The inability of Shellabarger Creek to entirely flow under SR104 into Edmonds Marsh. The flow, instead, travels north along eastern ditch line of SR104 overwhelming the storm system at the intersection with Dayton. The culverts under SR104 that are supposed to carry the Shellabarger Creek flow into the marsh are partially silted restricting their capacity. More importantly, the marsh has silted in over the years such that the flow has “no place to go.” • The elevation of the Dayton St. stormwater line at the intersection of SR104 is lower than the water level in Puget Sound during much of the tidal cycle; this means the water cannot flow on its own into Puget Sound when the tide is up. Even if the Shellabarger Creek flow was removed from the Dayton St. Storm system, the intersection would still flood in larger storms. A map is attached to aid the explanation The enclosed spreadsheets present a list of draft alternative solutions to the flooding. Short-term solutions can likely be implemented with minimal permitting and cost, but only provide a small benefit. Medium-term and long-term solutions will take progressively more permitting, Stakeholder involvement, time, and resources to implement. Packet Page 235 of 369 Staff will continue to work with the Stakeholders and the consultant to develop a plan to implement the most effective alternative solutions. The study is expected to be completed in the 1st quarter of 2013.  Fiscal Impact Some short-term solutions may be implemented in 2013 with the available Capital Improvement Plan budget for the project ($283,000). Medium and long-term solution will be programmed into the next stormwater CIP planning cycle. The solutions that will be included in the CIP will depend on available funding and Stakeholder involvement. Attachments Attachment 1 - Map Attachment 2 - Draft Alternatives Form Review Inbox Reviewed By Date Engineering Robert English 12/05/2012 05:15 PM Public Works Kody McConnell 12/07/2012 09:48 AM City Clerk Sandy Chase 12/07/2012 09:55 AM Mayor Sandy Chase 12/07/2012 09:55 AM Finalize for Agenda Sandy Chase 12/07/2012 09:56 AM Form Started By: Megan Luttrell Started On: 12/05/2012 11:26 AM Final Approval Date: 12/07/2012  Packet Page 236 of 369 !!2 !!2 !!2 !!2 !!2 !!2 !!2!!2!!2!!2 !!2 !!2 !!2!!2!!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2!!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2!!2!!2 !!2 !!2 !!2 !!2 !!2 "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B"?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B"?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B"?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B"?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B"?B "?B "?B"?B "?B "?B "?B"?B "?B "?B"?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B"?B "?B "?B "?B"?B "?B "?B "?B "?B "?B "?B "?B"?B"?B"?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B "?B"?B "?B Shellabarger Creek culvertsunder SR 104 Approximate Boundary ofSilted-in Area of Edmonds Marsh Channels shown on 2010 map are now silted in. Dayton St. Storm lineoutfall into Puget Sound Willow Creek 3R D 2N D DAYTON ED M O N D S ADM I R A L SUN S E T RAIL R O A D JAM E S ALDER UN I O N O I L C O M P A N Y JAM E S 24 C M P 8 CM P 36 C O N C R E T E 12 HDP E 1 5 C M P 6 HDPE 24 CI P P 48 CMP 18 HDPE 12 C M P 18 C O N C R E T E 1 8 C M P 12 PVC 12 C O N C R E T E 8 CO N C R E T E 24 CO N C R E T E 6 PVC 8 P V C 12 CONCRETE 18 C M P 12 C O N C R E T E 18 C M P 8 CO N C R E T E 8 CO N C R E T E 6 H D P E 8 CONCRETE 24 C M P 12 C M P 8 PVC 24 CO N C R E T E 36 C O N C R E T E 15 CM P 12 P V C 12 C M P 48 CMP 12 C M P 8 C M P 6 PV C 1 8 H D P E 12 C O N C R E T E 48 C M P No warranty of any sort, including accuracy, fitness, or merchant abilityaccompany this product. 1 in = 300 ft 0 170 340 510 680 85085 Feet® Legend Edmonds_Parcels_2012_08 "?B STORM_TYPEI !!2 STORM_TYPEII STORM_CULVERTSTORM_LINEEdmonds_Parcels_2012_08 Packet Page 237 of 369 1 City of Edmonds Initial List (Draft) of Alternatives for Screening – 12-6-12 Alternative Preliminary Description Comments – Pro Comments - Con Short Term Maintenance of Shellabarger Creek/SR 104 Culvert Remove sediment from culvert. If possible, include limited channel excavation downstream of culvert to improve hydraulics. - Relatively minor permitting. - Reduces overflows directed towards intersection. Add Monitoring Equipment to WSDOT Overflow Add gage to assess and quantify overflows into Marsh - Be able to better assess frequency and duration of overflows. - No permitting required, only coordination with WSDOT. Raise WSDOT Overflow (or Seal MH) Raise or seal manhole at overflow location to prevent overflows into Willow Creek - Could be phased improvement if monitoring determines that overflows are significant - Low Cost - Very simple permitting. Primarily requires WSDOT buyoff. - Preliminary modeling indicates overflows may not have much impact on upstream Marsh levels Packet Page 238 of 369 2 Alternative Preliminary Description Comments – Pro Comments - Con Medium Term Isolate Dayton Street System from Marsh System Use berming and/or plugging pipe System on east side of SR 104 to prevent/reduce Shellabarger Creek flows from extending north to Dayton System. - Reduces flow to Dayton St system (which is not designed to handle flows from Shellabarger Creek) - By forcing flow into Shellabarger Creek, helps keep velocities higher and reduce deposition - Low cost - Straightforward permitting (may affect some ditch wetlands) Expand Dayton St pump station system (Beach Place Pump Station) Add pump capacity for Dayton System. This alternative would likely need to be combined with isolating the Marsh system from Dayton St system (alternative above) (otherwise pumps would need to be large). For longer term, would also need to add berming to isolate Marsh from Harbor Square for the significant events. - likely straight forward permitting - Low cost - Most of benefit wouldn’t be achieved until Marsh system is isolated from Dayton system Divert drainage from Salish Crossing Divert some of the drainage from Salish Crossing to Dayton system. May only be effective if the Dayton street pump station is expanded. - Reduces flood volume to Marsh system - Minimal permitting - Low cost Divert upstream drainage from Dayton system Divert some of the ferry lane and roadway areas to the north away from the Dayton street system - Reduce flood volume to Dayton system - Minimal permitting - Low cost - Need to assess impact to system receiving diverted flows Replace Shellabarger Creek SR 104 Culvert Replace Culvert with larger (fish passage) culvert. - Additional modeling needed to evaluate benefit of upsizing culvert. - Could integrate sump in replacement culvert to help trap sediments. Packet Page 239 of 369 3 Alternative Preliminary Description Comments – Pro Comments - Con Long Term Restore Shellabarger Creek Channel downstream of SR 104 Excavate and restore Shellabarger Creek channel and possibly increase grades from SR 104 to Willow Creek. Restore creek planting. - Eliminates current backwater affect on Shellabarger Creek crossing of SR 104 - Restores stream channel - Reduced sediment deposition in SR 104 culvert - Significant permitting. Goal would be to attempt to re- establish original conditions, grades and restore Shellabarger Creek channel. - Best if coordinated with Daylight Willow Creek, and Expand Marsh Flood Storage Volume actions for long-term sediment management. Daylighting Creek (similar to former People for Puget Sound Plan) Daylight creek to existing BNSF culvert and construct new channel outfall. Would likely require a manual/automated tide gate to function during combination of high tides and storm events - Increases Marsh diversity - Improves fish and wildlife habitat - Increases salt marsh area - Will need to assess impacts to dog park. - Likely needs tide gate to prevent loss of flood storage during storm events. - May involve significant permitting, but assisted by preliminary work already completed and that the goal is restoration. - Expand Marsh Flood Storage Volume Remove accumulated sediment from easterly portion of marsh and restore/expand brackish marsh area. - Adds significant flood storage - Expands salt water marsh area to increase habitat diversity. - Expanded brackish habitat would reduce cattail area. - Significant permitting. Goal would be to attempt to re- establish original conditions, grades and restore Shellabarger Creek channel. - Best if coordinated with Daylight Willow Creek, and restore Shellabarger Creek actions for long-term sediment management. Packet Page 240 of 369 4 Alternative Preliminary Description Comments – Pro Comments - Con Daylighting Creek (Similar to People for Puget Sound Plan) plus Marsh pumping system Daylight creek along east side of BNSF to existing BNSF bridge already constructed and construct new channel outfall downstream of BNSF bridge. Would likely require a manual/automated tide gate to function during combination of high tides and storm events. Add pump to keep marsh levels from flooding. Could use existing gravity outfall for discharge. - Increases Marsh diversity - Improves fish habitat - Increases salt marsh area - May involve significant permitting, but assisted by preliminary work already completed and that the goal is restoration. - Will need to assess impacts to dog park. Raise intersection and Dayton St Raise road and intersection. This would also require isolation between marsh system and Dayton System. If wanted to also prevent flooding of adjacent private properties, would need added pumping for Dayton St system - Would need to assess impacts on private properties. - No environmental permitting. - Long-term, structural solution - Costly - Impacts to adjacent properties (access, flooding) - Challenges may make this alternative not feasible. Packet Page 241 of 369    AM-5312     11. E.              City Council Meeting and Committee Meetings Meeting Date:12/11/2012 Time:5 Minutes   Submitted For:Pamela Randolph Submitted By:Pamela Randolph Department:Wastewater Treatment Plant Committee: Parks, Planning, Public Works Type: Action Information Subject Title Authorization for Mayor to sign Proposed Supplemental Agreement No. 1 with HDR Engineering, Inc for design services on the WWTP Standby Power Distribution and Switchgear Improvements Project. Recommendation Approve Supplemental Agreement No. 1 Previous Council Action The Council has approved the 2012 budget which included the initial design fee.  Narrative In April 2012 a contract was awarded to HDR Engineering, Inc. for the design of the WWTP Standby Power Distribution and Switchgear Improvements project for $98,514.  During the 75% design discussions with staff, it was discovered that the scope had not included critical communications equipment, replacement of the canopy for working safely in adverse weather conditions or special connections for load testing the generator.  The consultant has requested additional budget to incorporate the added design elements.  The total cost of Supplemental Agreement No. 1 is $13,144.  Current project funds will be used to pay for these services bringing the total contract amount to $111,658.   The WWTP switchgear and generator auto-transfer switch is in need of replacement.  The equipment is nearing its projected life expencancy and has been subjected to environmental conditions that have deteriorated the internal components.  The current switchgear has been throughly evaluated and shows signs of severe corrosion due to the salt air, moisture and temperatures that it has been subjected to.  The new equipment will be housed inside panels that will ensure environmental conditions do not degrade the equipment in the future.  In addition, electrical metering is being installed to enable staff to optimize power useage within the plant and remote operating control panels will enable Operators to reset equipment at a safe distance. Attachments Supplemental Agreement Form Review Inbox Reviewed By Date Public Works Kody McConnell 12/05/2012 04:26 PM Engineering Robert English 12/05/2012 05:23 PM City Clerk Sandy Chase 12/06/2012 08:34 AM Mayor Dave Earling 12/06/2012 11:33 AM Finalize for Agenda Sandy Chase 12/06/2012 02:03 PM Form Started By: Pamela Randolph Started On: 12/05/2012 09:40 AM Final Approval Date: 12/06/2012  Packet Page 242 of 369 Packet Page 243 of 369 Packet Page 244 of 369 Packet Page 245 of 369 Packet Page 246 of 369    AM-5327     11. F.              City Council Meeting and Committee Meetings Meeting Date:12/11/2012 Time:10 Minutes   Submitted By:Stephen Clifton Department:Community Services Committee: Parks, Planning, Public Works Type: Action Information Subject Title Discussion on Interim Ordinance Related to a Zoning Code Change to the BN Zone (Westgate only) - Reduction of Front Structural Setback along SR-104. Recommendation After discussion of this proposal at the Parks/Planning/Public Works Committee, City staff is asking the committee to recommend that the full City Council approve an interim zoning ordinance similar to the one adopted by the City Council in 2011. The only difference between the new interim ordinance would be establishing an interim front yard setback of 10 feet instead of 8 feet. Previous Council Action July 5, 2011 - The City Council approved an interim Ordinance 3846  http://www.edmondswa.gov/images/COE/Government/City_Clerk/Ordinances/2011/Ord3846.pdf to reduce setbacks within a BN zone for Westgate only for a period of one year - Narrative The City recently received a potential redevelopment project to replace the existing McDonalds Restaurant along SR-104 with a new building. Under the existing zoning (BN), a new building located within the Westgate area is required to set back at least 20 feet from any street. This is inconsistent with existing city design objectives enumerated on Page 94 of the City’s adopted comprehensive plan, notably: C.2. Design Objectives for Location And Layout of Parking C.2.a. Create adequate parking for each development, but keep the cars from dominating the streetscape. C.2.b. Improve pedestrian access from the street by locating buildings closer to the street and defining the street edge. C.2.c. Improve the project’s visibility from the street by placing parking to side and rear. C.2.d. Provide direct pedestrian access from street, sidewalk, and parking. C.5. Design Objectives for Building Entry Location. C.5.a. Create an active, safe and lively street-edge. C.5.b. Create a pedestrian friendly environment. C.5.c. Provide outdoor active spaces at entry to retail/commercial uses. C.5.d. Provide semi-public/private seating area at multi-family and commercial entries to increase activity along the street. As mentioned above, existing code applicable to the prospective development at Westgate indicates a requirement to locate the proposed building at least 20 feet from the street front, which in turn could result in the developer placing a two lane drive aisle along and between SR104 and a new McDonalds structure (Concept 1). This affects the building entry and pedestrian circulation, forcing it to be oriented away from the street. If a code change reducing the required setback to 10 feet were in place, the site designers have indicated that they could move the building closer to the street which would 1) help improve pedestrian accessibility to the buildings’ entry from the street, 2) allow the ability to more effectively screen the drive aisle, 3) provide more area for a rain garden, and 4) result in less drive through lane being visible, and a drive up window that will not be seen, from the street. Given this background, staff is recommending adoption of an interim zoning ordinance that would reduce the minimum 20-foot Packet Page 247 of 369 Given this background, staff is recommending adoption of an interim zoning ordinance that would reduce the minimum 20-foot street setback to 10 feet. This would also enable expansion of walkways and/or addition of landscaping or pedestrian activity areas, not just having buildings right up against property lines.  Graphic illustrations, i.e., Concept 1 is included in the City Council packet depicting how the existing code and proposed code amendment influences the referenced proposal. Attachments McDonalds Site Plan - Concept 1 Form Review Inbox Reviewed By Date Planning Department PBHEX Admin 12/07/2012 09:51 AM Mayor Sandy Chase 12/07/2012 09:55 AM City Clerk Sandy Chase 12/07/2012 09:55 AM Mayor Sandy Chase 12/07/2012 09:56 AM Finalize for Agenda Sandy Chase 12/07/2012 09:56 AM Form Started By: Stephen Clifton Started On: 12/06/2012 06:26 PM Final Approval Date: 12/07/2012  Packet Page 248 of 369 Packet Page 249 of 369    AM-5320     12. A.              City Council Meeting and Committee Meetings Meeting Date:12/11/2012 Time:10 Minutes   Submitted By:Carrie Hite Department:Parks and Recreation Committee: Public Safety, Personnel Type: Action Information Subject Title IT Supervisor job description approval. Recommendation Approve and forward to Council for approval Previous Council Action This position was discussed by Council during all of the VSIP discussions, and was part of the reorganization that was proposed as a result of the VSIP separation of the CIO position. Narrative Because of the departure of the Chief Information Officer as part of the VSIP program, the Finance Department has proposed a reorganization of the IT program.  This reorganization has been approved by the Mayor, and was proposed to Council with the VSIP program. As part of the reorganization of the IT program, the IT supervisor position was created.  This job description has been approved by the Mayor, and now needs Council approval. Attachments IT Supervisor Job Description Form Review Inbox Reviewed By Date City Clerk Sandy Chase 12/06/2012 08:34 AM Mayor Dave Earling 12/06/2012 07:51 PM Finalize for Agenda Sandy Chase 12/07/2012 08:28 AM Form Started By: Carrie Hite Started On: 12/05/2012 02:44 PM Final Approval Date: 12/07/2012  Packet Page 250 of 369 DRAFT Information Services Supervisor November 2012 City of EDMONDS Washington INFORMATION SERVICES SUPERVISOR Department: Finance and Information Services Bargaining Unit: Non Represented FLSA Status: Exempt Revised Date: November 2012 Reports To: Finance Director POSITION PURPOSE: Under administrative direction, plans and supervises the City information technology (IT) resources including computer, network, storage, telecom, and software systems; works collaboratively with departments to implement and maintain efficient and responsive technology resources and plans, organizes and directs the operation and activities of the Information Technology (IT) portion of the Finance and Information Services Department including: purchasing, budgeting and staff management and supervision. ESSENTIAL FUNCTIONS AND RESPONSIBILITIES: The following duties ARE NOT intended to serve as a comprehensive list of all duties performed by all employees in this classification, only a representative summary of the primary duties and responsibilities. Incumbent(s) may not be required to perform all duties listed and may be required to perform additional, position-specific duties. Assures the City has technically sound, secure, efficient functioning networks, computer applications, and systems infrastructure; manages effective computer utilization; maintains current knowledge of advancing technology, program upgrades and alternative procedures. Works collaboratively with Directors and staff to architect and guide City information systems including computer, network, storage, telecom and software systems. Analyzes, understands and considers cost effective solutions in meeting the needs of the City various departmental information technology needs, processes and systems. Supervises and reviews the work of assigned staff; assigns work activities and coordinates schedules, projects and programs; provides constructive feedback while reviewing and evaluating work; makes effective suggestions and recommendations. Supervises, coaches, trains, and motivates staff; coordinates and/or provides staff training; ensures all services, procedures and policies are documented and kept up-to-date. Manages the workflow and prioritization of projects and all related staff and takes appropriate corrective action when necessary. Provides advice and counsel to staff; develops work plans for staff; implements and/or recommends corrective actions, discipline and termination procedures as appropriate/necessary. Assists with the development and maintenance of the annual IT budget, outside funding and revenues; assists other departments with budgeting for their technology needs. Makes recommendations and forecasts for future IT staffing, equipment, materials and supplies. Recommends efficiencies to keep costs within established financial guidelines and approves department expenditures and implements adjustments. Manages the purchasing, invoice payments, vendor management and development for City-wide technology programs while preparing and estimating project costs for City-wide technology. Works with State contracts and vendors to purchase the technology and services needed and approves invoices for payment of services; provides day-to-day administrative and operational oversight of the Packet Page 251 of 369 JOB DESCRIPTION INFORMATION SERVICES SUPERVISOR DRAFT Information Services Supervisor November 2012 Information Technology department functions; prepares a variety of reports, metrics, service level agreements and proposals. Ensures the City’s vision and mission are considered in planning and implementing information technology systems. Maintains a system of internal control to assure the security of confidential data and assure backup files are protected and available. Manages and participates in projects that implement new systems and software. Assists other departments in determining information system needs; attends various meetings and chair assigned committees and makes recommendations related to City-wide hardware and software needs. Directs Department operations to maintain effective and efficient programs assuring compliance and accountability with federal, state and local regulations, policies and procedures. Develops metrics, analyzes operational results and assures the effective allocation and utilization of resources for City’s technology needs. Serves as staff on a variety of boards, commissions and committees at the direction of the Finance Director. Prepares and presents staff reports and other necessary correspondence and attends and participates in professional group meetings. Maintains awareness of new trends and developments in the fields related to area of assignment and incorporates new developments as appropriate ensuring processes, policies and practices are interpreted and applied consistently and effectively. Prepares and administers the Information Services portion of the Finance and Information Services budget; monitors and controls IT expenditures. Coordinates policies and strategic planning under the direction of the Finance Director. Required Knowledge of: Organizational structure, functions and IT needs of City departments. Current City IT resources, to include all systems and related voice/data communications networking and infrastructures and their capabilities. Methods for the assessment of IT systems efficiency and cost-effectiveness and current IT best practices for technical and support aspects. Current and future trends in computing technologies and operating systems and computer architecture, government regulations and their impact on the privacy and security of information. Structure, organization and inter-relationships of city departments, agencies and related governmental agencies and offices affecting assigned functions. Federal, State and local laws, rules and regulations related to assigned activities and programs relevant to assigned functions. Effective oral and written communication principles and practices to include public relations and public speaking. Program/project management techniques and principles. Research methods and report preparation and presentation including external and management reporting requirements and report preparation. Modern office procedures, methods and equipment including computers and computer applications such as: word processing, spreadsheets, and statistical databases. English usage, spelling, grammar and punctuation. Principles of business letter writing. Principles and practices of governmental budget preparation and administration. Supervisory and training principles, best management practices, methods and techniques. Packet Page 252 of 369 JOB DESCRIPTION INFORMATION SERVICES SUPERVISOR DRAFT Information Services Supervisor November 2012 Required Skill in: Supervising information resources and technology and performing systems and needs analysis of existing and proposed IT resources and developing cost-effective strategies to implement and utilize maximum system capabilities. Assessing current City IT resources for compatibility with current and projected needs and developing and implementing IT acquisition and integration strategy for all City departments. Utilizing personal computer software programs and other relevant software affecting assigned work and in compiling and preparing spreadsheets. Supervising, leading, coaching and using best management practices to improve staff performance; delegating tasks and workload assignments. Establishing and maintaining effective working relationships with staff, management, vendors, outside agencies, community groups and the general public. Administering program goals and objectives; implementing initiatives and recommendations in support of department and City goals. Preparing clear and concise administrative and statistical reports and correspondence. Adapting to changes in technology and developing organizational goals and objectives. Developing and administering contracts for supplies, services and equipment. Analyzing policy and making effective decisions with the approval of the Finance Director. Evaluating processes and procedures for improvement and cost-effectiveness. Interpreting and applying federal, state and local policies, laws and regulations. Interpreting and administering policies and procedures sufficient to administer, discuss, resolve and explain them. Applying program/project management techniques and principles. Communicating effectively verbally and in writing, including public relations and public speaking. MINIMUM QUALIFICATIONS: Education and Experience: Bachelor’s Degree in Computer Science, Business Administration or a closely related field; AND four years of significant experience in the administration or supervision of information technology systems including direct responsibility for leading, supervising or managing operations, programs and services, voice and data networks, customer web interface programs, integration responsibilities with vendors and contractors, software product design, budget/fiscal oversight/administration and project management; OR an equivalent combination of education, training, and experience. Required Licenses or Certifications: Valid State of Washington Driver’s License. Must be able to successfully complete and pass a background check. WORKING CONDITIONS: Environment: Indoor work environment. Physical Abilities: Bending at the waist, reaching overhead, above the shoulders and horizontally, stooping, kneeling, crouching, crawling or otherwise positioning oneself to accomplish tasks. Sitting, standing or otherwise remaining in a stationary position for extended periods of time. Packet Page 253 of 369 JOB DESCRIPTION INFORMATION SERVICES SUPERVISOR DRAFT Information Services Supervisor November 2012 Reading and understanding a variety of materials. Lifting/carrying or otherwise moving or transporting moderately heavy objects. Hearing, speaking or otherwise communicating to exchange information in person and on the telephone. Operating/using a computer keyboard or other office equipment. Hazards: Contact with angry and/or dissatisfied employees and/or customers. Prolonged exposure to glare from computer monitors. Exposure to heavy dust in some work areas. Incumbent Signature: ____________________________________ Date: ________________________ Department Head: _______________________________________ Date: ________________________ Packet Page 254 of 369    AM-5318     12. B.              City Council Meeting and Committee Meetings Meeting Date:12/11/2012 Time:10 Minutes   Submitted By:Carrie Hite Department:Parks and Recreation Committee: Public Safety, Personnel Type: Action Information Subject Title Personnel Policy edits. Recommendation Personnel Committee review edits and forward to Council for approval. Previous Council Action On November 27th, City Council adopted the updated Personnel Policies. On December 4th, City Council adopted the Nonrepresented Compensation Policy. Narrative The City Council recently adopted the Personnel Policies and the Nonrepresented Compensation Policy.  The attached redline document of the Personnel Policies adds the language from the newly adopted Nonrepresented Compensation Policy to create consistency. In addition, once this is adopted by Council, we will be bringing back EMC changes to create consistency with the newly adopted policies. Attachments Redline Personnel Policies with Nonrep Policy changes Nonrepresented Compensation Policy Form Review Inbox Reviewed By Date City Clerk Sandy Chase 12/05/2012 04:09 PM Mayor Dave Earling 12/05/2012 05:17 PM Finalize for Agenda Sandy Chase 12/06/2012 08:35 AM Form Started By: Carrie Hite Started On: 12/05/2012 02:37 PM Final Approval Date: 12/06/2012  Packet Page 255 of 369 CITY OF EDMONDS PERSONNEL POLICIES Dave Earling, Mayor 2012 Packet Page 256 of 369 TABLE OF CONTENTS Message from the Mayor 6 Chapter I, Purpose & Scope Value Statement 7 Intent of Policies 7 Scope of Policies 7 Changing the Policies 8 Definitions 8 Chapter II, General Policies and Practices Equal Employment Opportunity Policy 10 Disability Discrimination Prohibited 10 Life Threatening/Communicable Diseases 11 Anti-Harassment Policy Including Sexual Harassment 11 Complaint Process: Discrimination, Harassment, Retaliation 12 Employee Personnel Records 13 Employment References 14 Employment Rights 14 Chapter III, Recruiting, Hiring and Promotion Value Statement 15 Recruiting Policy 15 Hiring Policy 15 Hourly Employees 17 Orientation Period 17 Employment of Relatives (Nepotism) 18 Promotions 18 Transfers/Lateral Moves 18 Rehire 19 Job Assignments 19 Chapter IV, Hours and Attendance Value Statement 20 Standard Work Hours 20 Overtime 20 Compensatory Time 21 Attendance 22 Unusual Weather Conditions 22 Meals and Restbreaks 22 Callbacks 23 Payroll Records 23 Packet Page 257 of 369 3 Chapter V, Compensation Value Statement 24 Salary Classification and Grades 24 Pay Rates 24 Union Employees 24 Non Represented Employees 24 Promotion 25 Paydays 25 Errors in Pay 25 Deductions 25 Acting Pay 25 Special Duty Pay 26 Compensation Upon Termination 26 Reclassification 26 Completion of Orientation Period 26 Chapter VI, Performance Evaluations and Training Value Statement 27 Performance Evaluation Policy 27 Training Policy 27 College Reimbursement 28 Chapter VII, Benefits MEBT 30 State Retirement 30 Deferred Compensation 30 Industrial Accident Insurance (Workers Compensation) 30 Health Insurance 32 Unemployment Insurance 32 Life Insurance 32 Employee Assistance Plan (EAP) 32 Extended Health Benefits (COBRA) 32 Chapter VIII, Leaves Value Statement 34 Vacation 34 Sick Leave 34 Fitness for Duty 37 Leave Without Pay 37 Jury and Witness Duty 37 Administrative Leave 37 Military Leave 38 Washington Military Leave for Spouses & Domestic Partners 38 Family Medical Leave 39 Pregnancy Disability Leave 43 Bereavement Leave 44 Packet Page 258 of 369 4 Domestic Violence, Sexual Assault & Stalking Leave 44 Shared Leave 45 Holidays 46 Religious Holidays 46 Benefits for Part-Time and Temporary Employees 47 Payment for Accrued Leaves 47 Chapter IX, Travel and Meal Expenses Value Statement 48 Authorization 48 Accommodations 48 Meals 48 Use of Private Cars 48 Use of City Vehicles 49 Chapter X, Employee Responsibilities and Code of Ethics General Code of Conduct 50 Outside Employment and Conflicts of Interest 50 Reporting Improper Government Action 51 Political Activities 54 No Smoking Policy 54 Personal Possessions and Electronic Communications 54 Use of Telephones and City Vehicles 54 Bulletin Boards 55 Media Relations 55 Use of Safety Belts 55 Driver's License Requirements 55 Solicitations 55 Use of City Credit 56 Substance Abuse 56 Chapter XI, Discipline and Terminations Value Statement 58 Actions Subject to Disciplinary Action 58 Disciplinary Actions 60 Pre-Disciplinary or Pre-Termination Hearing 61 Layoff 62 Resignation 62 Chapter XII, Recognition and Suggestions Value Statement 63 Recognition 63 Suggestions 63 Chapter XIII, Safety Value Statement 64 Packet Page 259 of 369 5 General Safety 64 Bloodborne Pathogens 64 Workplace Violence 64 Safety Committees 65 Accidents 66 Training 66 Accident Prevention Program 66 Chapter XIV, Complaint Procedures Complaint Procedures 67 Appendix A - Information Services Acceptable Use Policy 69 Appendix B – Drug & Alcohol Testing Policies & Procedures 79 Appendix C - Receipt of Personnel Policies 96 Packet Page 260 of 369 6 MESSAGE FROM THE MAYOR Please read and become familiar with the City’s personnel policies. They have been developed to guide your employment and help you fully utilize the resources available to you. They will acquaint you with your employee benefits, our personnel practices and rules, and our organizational philosophy. As a City employee, it is extremely important that you fully understand what is expected of you and what you can expect from us. If you have any questions at any time regarding our policies, please ask your supervisor, department director, or contact the Human Resources Office. As the City grows and changes, personnel policies may change. The City, therefore, reserves the right to revise, supplement, clarify or rescind any policy or portion of a policy when deemed appropriate by the Mayor. Changes will be posted on-line, and the City will endeavor to notify you in a timely manner when changes occur. Please also understand that no supervisor, manager or representative of the City, other than the Mayor, has the authority to make any written or verbal statements or representations, which are inconsistent with these policies. It is my desire to offer you a comfortable work environment, helpful supervision, training and equipment to help you do your job, and a clear sense of direction and expectations. I strongly believe we are a team that provides great customer service, and I want everyone to keep up the good work. A good team not only shares a common vision, but also has a set of rules with which everyone can effectively work together. These personnel policies are our team’s rules. Please use them in that spirit. ______________________________ Dave Earling, Mayor Packet Page 261 of 369 7 CHAPTER I PURPOSE AND SCOPE 1.1 VALUE STATEMENT The City’s primary goal is to provide quality service to its customers, the citizens of Edmonds. To accomplish this goal, we all need to work together as a team. The City places the highest value on our employees and their well being. We want to see that you are a satisfied worker, with the support and information necessary to achieve the objectives of your position. Only in this manner can your contribution to the City’s organization be the most productive. It is our belief that when consistent personnel policies are known and communicated to all, the choices for greater job satisfaction increase. We encourage you to read these policies. If you have any questions, please ask your supervisor or department director. As you have ideas or suggestions for improvement, please follow the same process. 1.2 INTENT OF POLICIES These personnel policies serve as a general guide to the City's current employment practices and procedures. As such, we hope they will help you better understand how the City operates and what is expected of you as an employee. These policies also describe what the City provides you in terms of compensation, benefits and other support. These policies are not intended to be a contract, express or implied, or any type of promise or guarantee of specific treatment upon which you may rely, or as a guarantee of employment for any specific duration. Although we hope that your employment relationship with us will be long term, we recognize that things may not always work out as hoped, and either of us may decide to terminate the employment relationship. Employees, who are exempt from collective bargaining representation or otherwise deemed executive, managerial, or confidential by the City, are considered at-will employees and may be terminated from City employment at any time, with or without cause and with or without notice. No one, other than the Mayor, has the authority to enter into any written or verbal commitment or agreement, which affects the at-will status of such employees. All other employees’ employment status shall be governed primarily by the personal employment contract, collective bargaining labor agreement, civil service rules, City Personnel Policies, or other written document applicable to their individual case. 1.3 SCOPE OF POLICIES These personnel policies apply to all City employees. In cases where these policies conflict with any City ordinance, Civil Service rules and regulations, the provisions of a collective bargaining agreement, an individual employment contract, state or federal law, the terms of that law or agreement prevail. In all other cases, these policies apply. Packet Page 262 of 369 8 1.4 CHANGING THE POLICIES As the need arises, the Mayor may modify these policies, except that the City Council, by ordinance, maintains the authority to enact any changes in compensation or benefit levels. The Mayor may deviate from these policies in individual situations, particularly in an emergency, in order to achieve the primary mission of serving the City's citizens. Employees may request specific changes to these policies by submitting suggestions to their department director. These Personnel Policies supersede any previous City Personnel Policies. In the event of an amendment to these policies as a result of changes in ordinances, rules, or laws incorporated in this document, these policies shall be deemed amended in conformance with those changes. As updated policies are prepared, they will be incorporated into the on-line document. 1.5 DEFINITIONS Regular Full-Time Employee: An employee who has successfully completed an orientation period (sometimes referred to as probationary or trial period) as defined in these policies and who regularly works a minimum of forty (40) hours a week. Regular Part-Time Employee: An employee who has successfully completed an orientation period (sometimes referred to as probationary or trial period) and who regularly works less than forty (40) but at least twenty (20) hours a week. Benefits provided to a part-time employee shall be pro-rated based upon the ratio of the regularly scheduled hours per week of the part-time employee to 40 hours per week. Hourly Employee: Employees who work less than twenty (20) hours per week or hold jobs of limited duration due to special projects, seasonal work, abnormal workloads or emergencies. Hourly employees are eligible for only those limited benefits specifically provided for in a written contract or by state or federal law or regulation, or by city ordinance. Volunteer: Volunteers are persons who voluntarily perform work assignments without the expectation of any wage, salary, or benefits, with the exception of Workers’ Compensation coverage. Volunteers may receive only nominal compensation. Volunteers normally work under the direction of a City staff person on City premises and may use City equipment and supplies. Volunteer time is recorded and reported to the State for purposes of obtaining Workers Compensation Insurance. Leased Employees: Leased employees are persons, who are employees of another agency, such as a temporary employment agency, and working on a temporary basis under the direction of the City. Leased employees are not employees of the City; they are not on the City pay or benefit plans; and they are not covered by these Personnel Policies. Packet Page 263 of 369 9 Immediate Family: For the purposes of these policies, immediate family will be defined as the spouse, registered domestic partner, children, stepchildren, mother/father, mother in-law/father-inlaw, step parent, brothers, sisters, and grandparents unless defined differently in a specific section of these policies or in a collective bargaining agreement. Packet Page 264 of 369 10 CHAPTER II GENERAL POLICIES AND PRACTICES 2.1 EQUAL EMPLOYMENT OPPORTUNITY POLICY The City values diversity in its workforce, and believes a better outcome is achieved when a variety of employees with different backgrounds work together toward a common goal. The City also believes better customer service can be delivered when the workforce is representative of the customers it serves. The City is an equal employment opportunity employer. The City employs, retains, promotes, terminates and otherwise treats all employees and job applicants on the basis of job-related qualifications and competence. These policies and all employment practices shall be applied without regard to any individual's sex, race, color, religion, national origin, pregnancy, age, marital status, sexual orientation including gender expression and identity, military or honorably discharged veteran status, disability, genetic information or other basis prohibited by law. 2.2 DISABILITY DISCRIMINATION/ACCOMODATING DISABILITIES As part of the City’s Equal Employment Opportunity commitment, the City will follow all applicable provisions of the Americans with Disabilities Act (ADA), the Washington State Law Against Discrimination, and other applicable federal, state, and local laws. These laws prohibit the City from engaging in any employment practices that discriminate against qualified applicants or employees with disabilities, including any sensory, physical, or mental impairments. The City will seek to reasonably accommodate qualified applicants and employees who have disabilities that may affect job performance, unless doing so presents an undue hardship to the City. An employee who has a sensory, physical, or mental impairment that affects job performance should inform Human Resources as soon as possible. The City will then discuss with the employee the possibility of providing reasonable accommodations to enable the employee to perform the essential functions of the employee’s job. Whenever possible, the City wishes to accommodate the needs of employees with disabilities, but the City also has an obligation to provide a safe working environment for all employees and others on the premises. The City therefore needs to ensure that an employee’s health condition does not pose a substantial or unreasonable risk of harm to the employee or others. The City may request that an employee provide medical information from treating health care providers to assist in the process. An employee may also be asked to attend a medical evaluation by an independent health care provider at the City’s expense. Employees are expected to fully cooperate, including taking all steps needed to obtain medical information in a timely manner. If the City determines that an employee is unable to perform the essential functions of the job, even with reasonable accommodation, the City will work with the employee in identifying and applying for other jobs that are or may become available and for which the employee may be qualified. Packet Page 265 of 369 11 2.3 LIFE THREATENING/COMMUNICABLE DISEASES Employees with life threatening illnesses or communicable diseases are treated the same as all other employees. They are permitted to continue working as long as they are able to maintain an acceptable level of performance and medical evidence shows they are not a threat to themselves or their co-workers. The City will work to preserve the safety of all of its employees and reserves the right to reassign employees or take other job actions, including discharge, when a substantial and unusual safety risk to fellow City employees or the public exists. 2.4 ANTI-HARASSMENT POLICY, INCLUDING SEXUAL HARASSMENT The City is committed to ensuring that the practices and conduct of all its employees comply with the requirements of Federal, State and local laws against employment discrimination. The City strives to maintain a work environment that fosters mutual employee respect and promotes harmonious, productive working relationships. Respectful, professional conduct furthers the City’s mission and promotes productivity, minimizes disputes, and enhances our reputation. The City believes that harassment and retaliation undermine the integrity of the employment relationship. Therefore, the City prohibits harassment and retaliation by any employee towards any other employee, including supervisors. Employees are also prohibited from harassing or retaliating against third parties, including citizens, vendors, and visitors to the workplace. All employees are expected to be sensitive to and respectful of their co-workers and others with whom they come into contact while at the City. The City also prohibits third parties, including citizens, vendors and visitors to the work place, from harassing employees. It is the policy of the City that all employees have the right to work in an environment free from harassment based upon their race, color, religion, gender, national origin, age, marital status, pregnancy, honorably discharged veteran or military status, sexual orientation including gender expression and identity, disability, genetic information, or any other protected status or characteristic. Any such harassment of employees by their co- workers, supervisors or others in the workplace will not be tolerated. A definition of all conduct that could constitute unlawful discrimination or harassment or other unlawful conduct is difficult, if not impossible, to create. For that reason the following list of examples of prohibited conduct is intended to be illustrative but not all-inclusive. Verbal or physical conduct that demeans or shows hostility or aversion toward another employee or members of the public. Slurs or demeaning comments to employees or members of the public relating to race, ethnic background, color, religion, national origin, pregnancy, age, marital status, sexual orientation including gender expression and identity, military or honorably discharged veteran status, or any other characteristic protected by law. Sexual harassment is also a form of unlawful discrimination. Examples of prohibited conduct include but are not limited to: Packet Page 266 of 369 12 Unwanted physical contact or conduct of any kind, including sexual flirtations, touching, advances, or propositions; Verbal harassment of a sexual nature, including but not limited to lewd comments, sexual jokes or references, and offensive personal references; Demeaning, insulting, intimidating, or sexually suggestive comments about an individual; The display in the workplace of demeaning, insulting, intimidating, or sexually suggestive objects, pictures, cartoons or photographs; Demeaning, insulting, intimidating, or sexually suggestive written, recorded, or electronically transmitted messages. Solicitation or coercion of sexual activity, dates or the like with the implied or express promise of rewards or preferential treatment. Intimidating, hostile, derogatory, contemptuous or otherwise offensive remarks that are directed at a person because of that person’s gender, whether or not the remarks themselves are sexual in nature, where the remarks cause discomfort or humiliation and interfere with the performance of the employee’s duties. Every manager, supervisor, and employee is responsible for creating an atmosphere free of harassment, sexual or otherwise. Each employee is responsible for respecting the rights of co-workers and others, including the citizens they serve. 2.5 COMPLAINT PROCESS: DISCRIMINATION, HARASSMENT, OR RETALIATION Harassment, particularly sexual harassment, and discrimination can be difficult to define. For this reason, the City strongly urges employees to use this harassment and discrimination reporting procedure without worrying about whether the conduct involved would be considered harassment or discrimination in a legal sense. This policy is intended to assist the City in addressing not only illegal harassment and discrimination, but also any conduct that is offensive and inappropriate. If, at any time, you believe that you are being subjected to harassment or discrimination, if you become aware of such conduct being directed at someone else, or if you believe another employee has received more favorable treatment because of discrimination, you must promptly notify Human Resources or a manager or director with whom you feel comfortable. This applies to harassment or discrimination caused by anyone with whom an employee comes into contact with as part of the employee’s job, such as supervisors, co-workers, citizens, vendors or others. Supervisors and managers have an obligation to immediately report to Human Resources and the Mayor any harassment or discrimination that they observe or become aware of during the course of their employment. All reported incidents will be investigated under the following guidelines: All complaints will be kept confidential to the fullest extent possible. This means they will be disclosed only to management, witnesses, and others as necessary to allow the City to investigate and respond to the complaint, and Packet Page 267 of 369 13 as may be required by law. However, the City will not allow the goal of confidentiality to be a deterrent to an effective investigation. A resolution of each complaint will be reached and communicated to the complaining employee. Anyone who the City concludes has violated the anti-harassment or anti- discrimination policy will be subject to disciplinary action, up to and including discharge. Disciplinary action will depend on the gravity of the offense. The City will take whatever action deemed necessary to prevent an offense from being repeated. The City will not permit retaliation against anyone who makes a good-faith complaint or who cooperates in good faith in an investigation. Retaliatory conduct will subject the individuals involved to discipline, up to and including discharge from employment. If, after investigating a complaint of harassment or discrimination, the City finds that the complaining employee or other witness has deliberately provided false information, disciplinary action may be taken against the individual who gave the false information. However, an employee will not be disciplined for reporting a complaint in good faith, or for cooperating in the investigation of such claims. The City strongly urges employees to report all incidents of harassment, discrimination or other inappropriate behavior as soon as possible. The City wants to provide employees with a pleasant and productive working environment, and can only do so if these issues are brought to our attention. Please join the City in our efforts to make the City an enjoyable place to work for all employees. 2.6 EMPLOYEE PERSONNEL RECORDS The official Personnel File for each employee is kept in the Human Resources Office. An employee's personnel file contains the employee's name, title and/or position held, job description, department to which the employee is assigned, salary, changes in employment status, training received, certifications, performance evaluations, personnel actions affecting the employee, including discipline, and other pertinent information. Medical information about employees is contained in a separate confidential file. The Police Chief is authorized to maintain specific confidential records on Police Department employees in order to exclude them from a subpoena in criminal cases. Employees have the right to review their file. An employee may request removal of irrelevant or erroneous information in his/her personnel file. If the City denies the employee's request to remove the information, employees may file a written rebuttal statement to be placed in their file. Personnel files are kept confidential to the maximum extent permitted by law. Except for routine verifications of employment, copies of information from an employee’s personnel file will not be released to the public, including the press, unless required by Packet Page 268 of 369 14 law (e.g., pursuant to a legal subpoena or public records request). A copy of the information will be provided the employee. The City will endeavor to provide written notice of a public records request to the employee prior to the date the information is released. 2.7 EMPLOYMENT REFERENCES Only the Human Resources Office or the employee’s department director is authorized to provide employment references, including letters of reference, on a current or former City employee. Other employees shall refer requests for references to the Human Resources Office who will contact the appropriate director. References will be limited to verification of employment and salary unless the employee has completed a written waiver and release. 2.8 EMPLOYMENT RIGHTS It is important to understand that these policies do not create an employment contract or a guarantee of employment of any specific duration between the City and its employees. Although the City is hopeful that your employment relationship with will be long term, it is recognized that at times things do not always work out as hoped, and either party may decide to terminate the employment relationship. Unless specific rights are granted to employees in employment contracts, collective bargaining agreements, civil service rules, or elsewhere, all employees of the City are considered at-will employees and may be terminated from City employment at any time, with or without cause and with or without notice. Packet Page 269 of 369 15 CHAPTER III RECRUITING, HIRING, AND PROMOTION 3.1 VALUE STATEMENT The City values employees who are competent, motivated, productive, and customer oriented. The City believes the most efficient way to attract the most qualified employee is to hire them following a fair and consistent selection and screening process. The City also values an open and competitive employment process in which all qualified applicants have the opportunity to apply for City employment and are selected on the basis of objective job related criteria. 3.2 RECRUITING POLICY Recruiting practices are conducted solely on the basis of ability, merit, qualifications and competence, without regard to race, color, religion, national origin, sex, marital status, sexual orientation including gender expression and identity, military or honorably discharged military status, pregnancy, physical handicap, disability, genetic information, age, or any other basis prohibited by law. Each applicant shall complete and sign a City application form which includes an authorization to release information, prior to being considered for any position. Resumes may supplement, but will not serve in place of, the City's official application form. Additional materials may be required for Police Department applicants. Vacancy notices for regular positions will be posted internally on the bulletin boards for at least a five (5) day period. In addition, vacancy notices will be sent to outside agencies representing protected classes of persons in order to encourage and attract the broadest range of qualified job applicants. The Human Resources Office may use other sources of recruitment, such as newspaper advertising and the Internet, as needed to attract qualified applicants. The City may choose to advertise a position to the general public at the same time it posts the promotional opportunity within the City. The City reserves the right to seek qualified applicants outside of the organization at its discretion. To be considered for promotion, an employee must be employed in their current position for at least one (1) year, and meet the qualifications for the vacant position Applications may not be accepted after the published closing date for the position vacancy. If there are not sufficient qualified candidates at the closing date, the position will be reopened and readvertised. Applications will be accepted only for a published vacancy opening, and are retained for such period of time in accordance with the Washington State Records Retention policies and requirements. They will not be kept on file for future vacancies. Any applicant supplying false or misleading information is subject to immediate termination, if hired. 3.3 HIRING POLICY When a regular position becomes vacant and prior to any posting or advertisement of the vacancy, the department head or division manager shall Packet Page 270 of 369 16 review the position, its job description, and the need for such a position. The department head or division manager will submit a request to fill the position to the Human Resources Office. The position will be posted and/or advertised after the request is approved. The City may administer pre-employment examinations to test the qualifications and ability of applicants, as determined necessary by the City. The City may also conduct certain background procedures as required by law and/or policy. Examples of such procedures include: requiring applicants/employees to show proof they are authorized to work in the United States and requiring applicants/employees, who have unsupervised access to children or vulnerable adults, to complete a disclosure statement. Additionally, the City may contract with any agency or individual to prepare and/or administer examinations. Residency within the City shall not be a condition of initial appointment or continued employment; provided, however, that an employee's selection of residence shall not interfere with the daily performance of his/her duties and responsibilities including the ability to respond to emergency callouts within an established period of time. The minimum time required for an employee to respond to an emergency callout is established by each Department, or as otherwise noted in the respective collective bargaining agreement for the bargaining unit by which the employee will be represented, or the applicable employment contract. Applicants for positions in which the applicant is expected to operate a motor vehicle must be at least 18 years old and will be required to present a valid Washington State driver's license with any necessary endorsements. They will also be required to furnish a current (within the last 30 days) Driver’s Abstract, which shows any history of driving violations. Applicants with poor driving records, as determined by the City, may be disqualified from employment with the City in positions requiring driving. Applicants, who are under 18 years of age, must provide a valid State Work Permit, signed by a parent or guardian. The City will comply with State law (RCW 41.04.010 or RCW 73.16.010) with regard to any applicable veteran’s preference during the hiring process. After a conditional offer of employment has been made and prior to commencement of employment, the City may require persons selected for certain positions to successfully pass a medical examination and/or psychological test, which may include testing for alcohol and controlled substances. The purpose of the examination is to determine if the individual is able to perform the essential functions of the job, and to ensure any physical or mental condition will not endanger the health, safety or well being of other employees or the public. The offer of employment is conditioned on the results of the examination, and the City’s ability to reasonably accommodate any revealed disability. A candidate may be disqualified from consideration if: (1) found unable to perform the essential duties of the position (and the individual's condition cannot reasonably be Packet Page 271 of 369 17 accommodated in the workplace); (2) the candidate refuses to submit to a medical examination or complete medical history forms; or (3) if the Drug/Alcohol exam reveals the use of a controlled substance without a valid prescription. 3.4 HOURLY EMPLOYEES Department Directors and Division Managers may use hourly employees for positions which 1) regularly work less than 20 hours per week, 2) perform seasonal employment, 3) to temporarily replace regular employees who are on vacation or other leave, 4) to meet peak work load needs, 5) or to temporarily fill a vacancy until a regular employee is hired. Hourly employees may be hired without a competitive recruitment or examination process, although all hiring processes will comply with City policy and state and federal laws. Hourly employees are considered at-will employees and may be terminated from City employment at any time, with or without cause, and with or without notice, by their Department Manager or Director. Hourly employees are eligible for overtime pay as required by law. Hourly employees normally do not receive vacation, sick leave, health insurance, holidays, or any other benefits during their employment. Hourly employees pay contributions to the Social Security program. Hourly employees will not be placed in the state PERS retirement system or MEBT, although there are a few exceptions depending on PERS and MEBT eligibility criteria. 3.5 ORIENTATION PERIOD Upon hire or appointment, all employees enter an orientation period (also known as a probationary or trial period) that is considered an integral part of the selection and evaluation process. The orientation period is designed to give the employee time to learn the job and to give the supervisor time to evaluate whether the match between the employee and the job is appropriate. The normal orientation period is six months from the employee's date of hire, rehire or promotion, except for uniformed Police personnel which have a twelve (12) month orientation period. The Mayor may authorize the department director to extend the orientation period for up to an additional six (6) months. An extension may be granted due to circumstances such as an extended illness or a continued need to evaluate an employee. Extensions for represented employees also require concurrence with the Union. The City may terminate an employee without cause from employment at any time during the orientation period. In the case of unsatisfactory performance in a promotional situation, the employee may be considered for transfer back to the previous position held by the employee, if the previous position is still available. Once the orientation period is successfully completed, the employee may be certified to regular employment status. Satisfactory completion of the orientation period does not create an employment contract or guarantee employment with the City for a specified duration. During their orientation period, employees may use their accrued sick leave or any accrued compensatory time from the beginning of their employment, but may not use Packet Page 272 of 369 18 earned vacation until they have successfully completed their orientation period. Police personnel may use vacation after the completion of the first six (6) months. 3.6 EMPLOYMENT OF RELATIVES (NEPOTISM) The immediate family of current City employees and City Council members will not be employed by the City where: One of the parties would have authority (or practical power) to supervise, appoint, remove, or discipline the other; One party would handle confidential material that creates improper or inappropriate access to that material by the other; One party would be responsible for auditing the work of the other; or Other circumstances exist that might lead to potential conflict among the parties or conflict between the interest of one or both parties and the best interests of the City. If two employees marry, become related, become registered domestic partners, or begin sharing living quarters with one another, and in the City's judgment, the potential problems noted above exist or reasonably could exist, only one of the employees will be permitted to stay with the City, unless reasonable accommodations, as determined by the Mayor in consultation with Human Resources and/or the City Attorney, can be made to eliminate the potential problem. The decision as to which employee will remain with the City must be made by the two employees within thirty (30) calendar days of the date they marry, become related, or begin sharing living quarters with each other. If no decision is made during this time, the City reserves the right to terminate either employee. 3.7 PROMOTIONS The City encourages promotion from within the organization whenever possible. All openings will be posted so employees may become aware of opportunities and apply for positions in which they are interested and qualified. Employees must remain in a position for a minimum of 12 months before they can apply for a promotion, unless this requirement is waived by the Department Director or the Mayor. Employees who are promoted into a new position, will be required to serve a new 6 month orientation period. Police Department personnel who are promoted into a new position will be required to serve a new 12-month orientation period. If the employee is unsuccessful during their orientation period, he or she may be placed back in their previous position, if the position still exists. 3.8 TRANSFERS/LATERAL MOVES Upon recommendation of the appropriate department director and concurrence of the Human Resources Office or designee, or to meet the needs of the City, a transfer may be made. Transfers are based on work force requirements, performance evaluations, job descriptions, related City requirements, and the supervisor's recommendation, unless otherwise noted in an applicable collective bargaining agreement. To be considered for another position, an employee must have satisfactorily completed the probationary period for the employee's Packet Page 273 of 369 19 current position and possess the qualifications for the vacant position, unless such requirements are waived in the best interests of the City. A new probationary period shall be established for any employee who requests a transfer. A transfer shall not be used to circumvent regulations regarding promotions, demotions, or terminations. 3.9 REHIRE The City may rehire previous employees, provided they performed satisfactorily in their previous employment with the City. If an employee has retired from the Washington State Retirement System, they cannot exceed the Washington DRS employee maximum hours per year. 3.10 JOB ASSIGNMENTS It is the supervisor's responsibility to maintain the employee's primary job assignments within the existing job description, until a revised job description is approved. Requests for revised job descriptions can be made by the Department Director to the Human Resources Office. Revised job descriptions, along with the appropriate pay grade, are subject to the Mayor's approval, before submittal to the Human Resources Office and City Council for their approval. Packet Page 274 of 369 20 CHAPTER IV HOURS AND ATTENDANCE 4.1 VALUE STATEMENT The City values dependability, attendance, and punctuality with its employees. The City’s staffing level requires each employee to do their share of the workload and not to overburden others because of attendance problems. 4.2 STANDARD WORK HOURS Although the City's normal business hours are Monday through Friday from 8:00 a.m. to 5:00 p.m., the City uses a variety of different work schedules to meet the varied service demands of the public. Departments are allowed to establish regular work schedules, including alternatives such as flextime and four/ten schedules, provided that they do not conflict with business needs, and subject to the Mayor’s approval. Due to the nature of the City's operations, longer hours may be necessary in some instances, and overtime may be required by the supervisor. A normal work schedule for regular, full-time employees consists of forty (40) hours each workweek. Different work schedules, such as in the case of the Police Department employees, have been established by the City to meet job assignments and provide necessary City services. Each employee's immediate supervisor will advise the employee regarding his/her specific working hours. Part-time and hourly employees will work hours as specified by their supervisor. 4.3 OVERTIME All City positions are designated as either "exempt" or "non- exempt" according to the Fair Labor Standards Act ("FLSA") and Washington Minimum Wage Act regulations. Employees will be informed of their overtime status at the time of their appointment. For most City employees, the established work period is forty (40) hours within a seven (7) day workweek. Public Safety personnel may have a modified work period as established in the collective bargaining agreements. All personnel are responsible for accurately reporting all hours worked on time sheets supplied by the City. Employees failing to accurately record time worked are subject to discipline. Overtime is recorded to the nearest 15 minute increment. Non-exempt employees are entitled to additional compensation (overtime), either in cash or compensatory time off, when they work more than the maximum numbers o f hours during a work period. All overtime must be authorized in advance by the employee's supervisor, although exceptions may be made for emergency situations. Overtime may not be voluntarily worked without the supervisor’s permission. Overtime pay is calculated at one and one-half times the employee's regular rate of pay for all time worked beyond forty (40) hours in a workweek, provided that public safety personnel may have a different work period, and therefore a different overtime Packet Page 275 of 369 21 threshold). When computing overtime, time paid for but not worked (e.g., holidays, sick leave and vacation time), is not counted as hours worked. 4.4 COMPENSATORY TIME Non-exempt employees entitled to overtime pay may request compensatory time off instead of cash payment. This is approved on a case- by-case basis by the supervisor. The City is not required to grant comp time instead of overtime pay. If the compensatory time option is exercised, the employee is credited with one and one-half times the hours worked as overtime. Maximum accruals of compensatory time shall be limited to forty-eight (48) hours for regular employees. After maximum accrual, overtime compensation shall be paid. Compensatory time, which has been credited to an employee, may be converted to overtime pay at any pay period at the employee’s request. Employee compensatory time balances may be reviewed at least annually as part of the City's budget process. Use of compensatory time must be approved by the supervisor. Time off can be requested by the employee or directed by the supervisor. Exempt employees are not covered by the FLSA or the Washington Minimum Wage Act overtime provisions. They may earn compensatory time as follows; Department Directors and Division Managers will work under an informal honor system for discretionary time off. All other exempt employees shall receive compensatory time for nightly meetings, emergency callouts, and other similar times, which they are required by their supervisor to work. Compensatory time generally will not be earned for short term extensions of the regular workday or assignments, such as staying late or coming in early, without the prior approval of the supervisor. Compensatory time shall be earned at the straight time rate, that being one hour of compensatory time for each hour worked, as specified above. Exempt employees, who are regularly scheduled for night meetings should be assigned a flex schedule to adjust for the meeting times. Exempt employees will be allowed to accumulate up to 48 hours of compensatory time during the year. If additional time is earned after the maximum is reached, the exempt employee will be paid for the excess time or given the time off during the next pay period. Employees may use compensatory time within a reasonable time period after making a request to their supervisor, unless doing so would unduly disrupt City operations. Compensatory time should be used for short-term absences from work during times mutually agreed to by the employee and his/her supervisor. Accumulation of compensatory time to be used as a substitute for extended vacation time off is not normally permitted, however may be approved on a case-by-case basis by the Department Director or Mayor. Use of compensatory time may either be requested by the employee or directed by the supervisor. 4.5 ATTENDANCE Regular and punctual attendance is an essential function of every position in the City. Each supervisor is responsible for maintaining an accurate attendance record of his/her employees. Every employee has the responsibility of Packet Page 276 of 369 22 maintaining a good attendance record. Employees are expected to be at the assigned place of work during their scheduled work time. Employees unable to work or report to work on time should notify their supervisor as soon as possible, ordinarily before the work day begins or within thirty (30) minutes of the employee's usual starting time. If an absence continues beyond one day, the employee is responsible for reporting in each day. If the supervisor is unavailable, the employee may leave a message with the Department Director or his/her designated representative, stating the reason for being late or unable to report for work. An employee who is absent without authorization or notification is subject to disciplinary action, up to and including possible termination. 4.6 UNUSUAL WEATHER CONDITIONS During times of inclement weather or natural disaster, it is essential that the City continue to provide vital public services. Therefore, it is expected that employees make every reasonable effort to report to work without endangering their personal safety. An employee who is unable to get to work or leaves work early because of unusual weather conditions may charge the time missed to: vacation, floating holiday, compensatory time, or leave without pay. The employee shall advise the supervisor by phone as in any other case of late arrival or absence. Employees, who are sent home without prior notice by their employer and therefore denied the opportunity to work, shall continue to receive their normal pay for the rest of the day in which they are sent home. 4.7 MEAL AND RESTBREAKS Except in urgent situations, personal phone calls and conversations should occur during meal periods and rest breaks rather than during working time. An exempt employee is expected to effectively handle his or her meal period and rest break schedule. The following policy applies only to non-exempt employees. A non-exempt employee must notify his or her supervisor at the end of the shift if he or she has not had a meal period or rest break. A non-exempt employee who works at least five (5) hours in a workday will be provided an unpaid meal period of at least thirty (30) minutes, approximately midway through the workday, unless otherwise specified. Non-exempt employees must not perform any work during the meal period, and must take at least thirty (30) minutes completely off work. Employees working at least (3) three hours longer than a normal workday will be allowed a meal period before or during the overtime portion of the shift. A “normal workday” is the shift the employee is regularly scheduled to work. If the employee’s scheduled shift is changed due to working a double shift, or working extra hours, the additional meal period will be permitted. Employees working a regular twelve (12) hour shift will be entitled to a second meal period. A non-exempt employee will be provided one (1) paid fifteen (15) minute rest break for every four (4) hours worked. Rest breaks may be taken on a scheduled or intermittent Packet Page 277 of 369 23 basis as determined by the employee’s supervisor. These rest breaks are for the purpose of a few minutes of relaxation. The City asks employees to please not stay away from their job beyond the time allotted. Rest breaks are paid, but may not be used to extend a lunch period, leave early, or arrive late. Police Department employee meal and break times will be consistent with the appropriate Collective Bargaining Agreement. For one year following childbirth, non-exempt employees who are nursing mothers are entitled to unpaid breaks during the workday for the purpose of expressing breast milk. The City will provide a suitable, private location for these breaks. 4.8 CALLBACKS All employees are subject to call back in emergencies or as needed by the City to provide necessary services to the public. A refusal to respond to a call back is grounds for immediate disciplinary action, including possible termination. Employees called back to duty will be paid their appropriate rate of pay for hours worked or according to the collective bargaining agreement, whichever is appropriate for the employee. 4.9 PAYROLL RECORDS The official payroll records are kept by the Finance Office. Each employee shall submit a signed time sheet to their supervisor for approval each pay period. Each supervisor is responsible for submitting a time sheet (signed by the employee and the supervisor) to Finance, for each employee within their department, noting hours worked, leaves taken, and overtime worked. Each department director is responsible for assigning the payroll entry for his/her department to appropriate personnel in the department. The Mayor shall sign time sheets for all Department Directors. Packet Page 278 of 369 24 CHAPTER V COMPENSATION 5.1 VALUE STATEMENT The City strives to reach a balance between fairness in pay for all employees and rewarding excellent job performance for the deserving individual. It believes in paying competitive wages in order to attract qualified candidates for job vacancies. Pay is one of several means to reward job performance. 5.2 SALARY CLASSIFICATION AND GRADES Each regular position within the City is classified into a classification title for salary purposes. Each classification title is designated a particular salary or salary range as shown on the City's salary and wage schedule, which is approved in the labor agreement or annually by the City Council. All regular employees are assigned to a classification title and provided a job description. This job description shall be reviewed annually with the employee and the supervisor during the employee’s performance evaluation, and any changes to the description shall be referred to the Human Resources Office. Any significant change in a job assignment, which may subsequently require a change in salary grade assignment, must have prior approval by the Mayor and City Council, and the appropriate Union as needed. 5.3 PAY RATES Employees shall be paid within the limits of the wage range to which their positions are assigned. Usually, new employees will start their employment at the minimum pay grade or wage range for their classification. However, a new employee may be employed at a higher rate than the minimum when the employee's experience, training or proven capability warrant, or when prevailing market conditions require a starting rate greater than the minimum, subject to the Mayor's approval. 5.4 UNION EMPLOYEES Employees, who are covered under a collective bargaining agreement, shall be compensated in compliance with the terms of the respective collective bargaining agreement. The Mayor or his representative and the Union’s bargaining agent must approve any deviation from such agreement in writing. 5.5 NON REPRESENTED EMPLOYEES The City’s non-represented compensation policy strives to maintain equity, by offering competitive salaries and benefits in order to attract and retain high quality staff and an effective work force. It is the policy of the City for the classification and compensation plan to provide salaries that compare favorably with other similar cities in the region for comparable jobs, and within budget limitations. It is also the policy of the City to strive to maintain salaries that are internally equitable, in proper relationship to all other jobs within the City, within reasonable budget parameters. Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Packet Page 279 of 369 25 SALARY RANGE PROGRESSION Salary ranges for non-represented positions will have a 35% spread from the bottom to the top of each salary range, and will include a seven-step scale with 5% between each of the steps. All new employees will generally be hired at the first step of their salary range; however, an entry level rate of pay above the minimum may be offered to an applicant whose education and experience exceed the minimum qualifications for the classification, or when external labor market pay practices impact recruitment. Initial step placement at higher than Step 3 of the salary range is subject to approval by the Mayor prior to the offer of employment. Employees are advanced to the next salary step increment after satisfactorily completing the first six months of probation. After this, employees advance to the next step in the salary range on the January following their anniversary date and each succeeding January after a concurrent satisfactory performance evaluation has been completed by their supervisor, until reaching the maximum step. An employee who fails to achieve at least a satisfactory overall rating on their annual performance evaluation shall not be eligible for a step increase until their next performance evaluation rating period. In the event of promotion of a non-represented employee to another non-represented job classification in a higher salary range, the employee will be placed on the first step of the new salary range or the lowest step in the new range that results in an increase to their current salary. After this, the employee would follow the salary range progression described above for new employees. To ensure internal equity, employees promoted from a represented position to a n on- represented position in a higher pay range, will be placed on the first step of the new salary range, or the lowest step in the new range that results in an increase to their current salary, including consideration of other cash compensation being received in the former position. After this, the employee would follow the salary range progression described above for new employees. In the event of a lateral placement of a non-represented employee to another non- represented job classification in the same pay range, the employee will not receive a salary increase. ANNUAL SALARY ADJUSTMENTS The Mayor will recommend the adjustment of salary ranges for non-represented employees to the City Council for approval as part of the budget process, effective January 1 of each year. The Mayor’s recommendation will take into consideration the average adjustment negotiated and approved for represented employee groups. Each Formatted: Font: (Default) Arial, Not Bold Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial, Not Bold Formatted: Font: (Default) Arial Packet Page 280 of 369 26 employee will maintain the same step within the newly approved salary range that they held prior to the adjustment. In addition, the City will attempt to mitigate compression issues as they arise. The Mayor will make appropriate and timely recommendations to City Council to maintain internal equity and prevent compression issues. MARKET ANALYSIS The Human Resources Department will conduct compensation surveys for each non- represented benchmark position no later than September 1, every three years. The following criteria will be used for determining which cities are comparable for the purposes of analyzing and comparing compensation (“Qualified Comparable Cities”): Comparable cities must be located in Snohomish, King, Pierce, Thurston, or Kitsap counties; and Comparable cities will include all cities with a population that is no more than 10,000 over or no more than 10,000 under the population of the City of Edmonds according to the most recent population figures published by the Washington State Office of Financial Management or a similar successor government agency; and The application of the above criteria will be utilized to select a minimum of eight agencies that are closest in population to the City of Edmonds. If this process yields fewer than eight comparable cities (not counting Edmonds) for analysis during a particular year, additional cities shall be selected for analysis by adding an additional city or cities, up to eight, with agencies that are outside the 10,000 over/under criteria, but that are the next closest in population to the City of Edmonds, with the goal of having 50% of the cities with a higher population and 50% with a lower population than Edmonds. Additionally, private sector data will be gathered and considered where it is a significant factor in the City’s competitiveness. Benchmark positions are those which are assigned clearly recognizable work at a well- defined level of responsibility, and for which comparable classifications are easily identified to ensure that sufficient data can be collected. Classifications that are selected as comparable for survey purposes must match the benchmark position by 80% in level of work and responsibility. Salaries for comparable positions that are not a complete match may be leveled up or down by a maximum of 20%, to adjust for differences in the level or scope of responsibility in work duties. Non-benchmark classifications (those for which there are not adequate comparable classifications) will be indexed to a corresponding City benchmark position, which is comparable in required qualifications, scope of work, and level of responsibility. Formatted: Font: (Default) Arial, Not Bold Formatted: Font: (Default) Arial Formatted: Font: 12 pt Formatted: Font: (Default) Arial Packet Page 281 of 369 27 Salary ranges for benchmarks will be determined by using the prevailing rates in the identified comparator cities. The City will be competitive within the defined market, but will not assume the position of a lead pay policy compared to the market; therefore the median or 50th percentile of the mid-range of salary data collected will be used to determine competitiveness. Every three years, based upon the survey data, the Mayor will recommend salary range market adjustments for non-represented positions to City Council. The Mayor will consider the following criteria in developing the recommendation: 1. Maintain the mid-point of each salary range between 5% high/low of the mid-point of the comparator city median. 2. Positions requiring adjustment will be assigned to the new salary range within the salary range table that places the position closest to the comparator city median. 3. Any employee whose actual salary falls below the newly adopted pay range minimum, shall be adjusted up to the new minimum upon adoption of the new pay ranges. 4. Any employee whose actual salary exceeds the top of the approved salary range, will have their salary frozen until such time that market rates support pay range adjustment for their job classification. With the approval of the Mayor and City Council, all other employees (Non Represented) may receive an across-the-board pay adjustment (cost-of-living increase) from time to time, raising the salaries of all positions by a specified amount within a defined group of classifications. Such adjustments, if any, will not change an employee's pay anniversary date. Other pay increases (merit) within the position’s salary range are contingent on meritorious performance. Non represented employees, who are not at the top of their position’s designated salary range, may receive a merit pay increase upon the completion of their orientation period or annually upon their performance review date. Merit pay increases may range from 0% up to 5%, but cannot exceed the top of the salary range. If a non-represented employee's performance is unsatisfactory, the department head may defer a scheduled pay increase for a stipulated period of time or until the employee's job performance is satisfactory. 5.6 PROMOTION Any represented employee promoted to a position in a higher classification and salary range shall receive a promotional pay increase to either 1) the entry step or salary of the new salary range, 2) the next highest available pay step in the new range which provides at least a 5% increase in pay (Union Employees), or 3) placement in the new range which provides a 5% pay increase (Non Represented Employees) or to start at the bottom of the pay grade of the higher classification, whichever is greater. Changes in salary due to a Reclassification of a position will be treated the same as a Promotion. Promotions change an employee's pay anniversary date and subsequent merit pay reviews. 5.7 PAYDAYS City employees are paid semi-monthly on the 5th and the 20th of each month. If a regularly scheduled payday falls on the weekend or a holiday, the Formatted: Font: (Default) Arial Packet Page 282 of 369 28 paychecks will be distributed on the last preceding regularly scheduled working day. Automatic deposit is available upon request. Pay increases, other than those occurring upon the 1st or the 16th of the month, become effective at the beginning of the next pay period. 5.8 ERRORS IN PAY Every effort is made to avoid errors in paychecks. However, any employee who believes that an error has been made should contact the Finance Department immediately. The Finance Department will take the necessary steps to research the problem and to assure that any necessary correction is made properly and promptly. An employee reporting an error will be notified in writing within 15 business days of the outcome. An employee who believes further discrepancies exist should submit a written complaint to the Mayor immediately. If an employee has been overpaid in error, the City will ask that the amount be repaid by payroll deductions or by agreement, consistent with applicable laws. 5.9 DEDUCTIONS Some regular deductions from the employee's earnings are required by law; all other deductions must be approved by the City and specifically authorized in writing by the employee. The City will withhold from the employee's paycheck those deductions required by law and any voluntary deductions approved by the City and authorized by the employee, by applicable union contract, or by statute or regulation. 5.10 ACTING PAY When an employee is temporarily assigned to work in a position with a higher pay rate in order to fill a vacancy or act on behalf of an absent employee, the employee shall be paid Acting Pay in the amount of either the minimum of the salary rate of the acting position or a 5% increase in base pay, whichever is greater. To qualify, the employee must be assigned to the acting position for a period of ten (10) or more consecutive workdays. Acting Pay is limited to a six month period as noted in the City Ordinance. Any extenuating circumstances requiring Acting pay for a period beyond six months are subject to the Mayor and City Council’s approval , or subject to applicable Civil Service Rules. 5.11 SPECIAL DUTY PAY The mayor is authorized to pay any manager or director level employee special duty pay in addition to that person’s regular compensation when the mayor has temporarily assigned special duties to that person. No employee may receive special duty pay for longer than one year without city council approval. “Special duties” are defined as those duties not included as “Primary Duties and Responsibilities” in the employee’s official job description and not otherwise associated with the employee’s position. Special duty pay shall consist of up to ten percent of the employee’s salary at the time the special duties are assigned. The mayor is authorized to grant to each such employee up to five percent (5%) for special duty pay at the mayor’s discretion, and shall be based upon the scope of the additional responsibilities identified by the mayor. If the mayor determines that special duty pay above five percent (5%) is warranted for a Packet Page 283 of 369 29 particular employee, the mayor will be authorized to grant up to ten percent (10%) for special duty pay upon prior approval by the City Council. 5.12 COMPENSATION UPON TERMINATION When an employee's employment with the City is terminated, the employee will receive the following compensation on the next regularly scheduled payday including: 1) regular wages for all hours worked up to the time of termination which have not already been paid; 2) any overtime or holiday pay due; 3) A lump sum payment of any accrued but unused vacation and compensatory time and; 4) any employee-paid health insurance premiums paid in advance for health insurance coverage. Accrued sick leave will be paid in accordance with City Ordinance for Non-Represented employees or the applicable collective bargaining agreement for Union Employees. 5.13 RECLASSIFICATION It is the supervisor's responsibility to maintain the employee's primary job assignments within the scope of the existing job description, until a revised job description is approved. Requests for revised job descriptions can be made by the Department Director to the Human Resources Office. In the event that an employee is eligible for a reclassification as determined by his/her supervisor, a reclassification form and a revised job description, along with the recommended pay grade should be submitted to Human Resources for review. All revised job descriptions and reclassification requests are subject to the Mayor's approval, before submittal to the City Council for their approval and/or the respective Union as required. 5.14 COMPLETION OF ORIENTATION PERIOD Upon the successful completion of an orientation period, the represented employee is eligible for either a pay step increase for represented employees, or a merit pay review for non-represented employees, depending upon their pay schedule and provided that they do not exceed the approved pay range for their position classification. Packet Page 284 of 369 30 CHAPTER VI PERFORMANCE EVALUATIONS AND TRAINING 6.1 VALUE STATEMENT The City values honest communications and the desire to improve services to the customer. It believes these values are the foundation of a Performance Evaluation leading to a positive outcome. Personal development and changes in the work environment require continuous training, communication, and ongoing commitment from both the employee and the City. 6.2 PERFORMANCE EVALUATION POLICY To achieve the City's goal to train, promote and retain the best qualified employee for every job, the City conducts periodic performance evaluations for all positions. Each supervisor is responsible to set and communicate clear performance standards for his or her employees at the beginning of and throughout the review period. Employees are to be evaluated by their supervisor at both the midpoint and the completion of their orientation period and normally once every 12 months thereafter, unless otherwise specified in the employee’s respective collective bargaining agreement. Additional performance appraisals or performance improvement plans may be given, if necessary. Performance review dates are changed following a promotion with a new orientation period. Employees should complete a self-evaluation form for their upcoming evaluation as directed by their supervisor. During the evaluation process, the employee and the supervisor will review the Department’s goals and the employee’s role in the Department. They will also review the employee’s self-evaluation, job description and rate the employee’s job performance outcomes in each of the assigned responsibilities. If changes in the job description are needed to ensure its accuracy, the corrections will be forwarded to the Human Resources Office. The employee and supervisor will discuss and select a course of personal training, which will improve the employee’s job performance. Goals for the next year and a training plan will be included in the performance evaluation. The evaluation will be signed by the employee, the supervisor, and the Department Director, and forwarded to the Mayor for review and to the Human Resources Office to be placed in the Personnel File. A copy should be retained by the Supervisor for periodic checkups. If the employee disagrees with the evaluation, he or she is allowed to submit written rebuttal comments to be placed in their personnel file along with the evaluation. The evaluation is part of an employee's personnel record and may be a factor in determining the employee's conversion to regular status, whether the employee receives a wage increase, or is to be promoted, transferred, demoted, laid off, or terminated. 6.3 TRAINING POLICY The City seeks, within the limits of available resources, to offer training to increase an employee's skill, knowledge and abilities directly related to his or her position, to obtain or maintain required licenses and certifications, and to Packet Page 285 of 369 31 develop a career path within the City organization. Opportunities may include, but are not limited to: on-the-job training, in-house workshops and seminars sponsored by other agencies or organizations. When training opportunities are identified, the Department will complete an AUTHORIZATION TO TRAVEL and ATTEND TRAINING and submit the registration. Each Department is responsible for budgeting and paying for training for their employees (for courses not specifically approved as outlined in the college reimbursement policy below). Following completion of the training program, a copy of the AUTHORIZATION will be filed in the employee’s Personnel File. Training programs, which are required by the City, are paid by the City, including the employee's wages, travel, registration, and, if needed, out of area expenses directly related to the training. For the purposes of insurance, the employee is to make every reasonable effort to use a city vehicle to attend training events. In the event that using a city vehicle is not possible, the employee will be reimbursed for mileage under the current IRS regulation s and as noted in the Edmonds City Code. Training programs that are initiated by the employees and not required by the City, (such as certification programs) are considered as voluntary programs and will not be paid by the City, unless a direct benefit to the City can be shown. If a benefit can be shown, the City may pay for all or a portion of the training costs, but not to include wages. 6.4 COLLEGE REIMBUSEMENT The City will reimburse full tuition for college courses that are required for; 1) advancement to the next promotional rank up to an Associates Degree level (90 credit hours), and 2) to maintain or upgrade a required certificate or license. Employees must obtain a passing grade of C and/or 2.0 or better in order to qualify for reimbursement of the class at the rate established below. Employees, who take college courses leading to a Bachelors or Masters degree, will be reimbursed 50% of the tuition costs. This course work must be an educational requirement of a future position in the City, which has been previously identified in the performance evaluation as the employee’s career goal. Employees must obtain a passing grade of B and/or 3.0 or better in order to qualify for reimbursement of the class at the rate established below. Tuition costs will be based upon comparable public education credit hours and charges. Employees will not be on paid City time while attending such courses nor will books, transportation, or course material costs be reimbursed. The maximum costs per employee for college reimbursement in a calendar year cannot exceed $2000. Tuition Reimbursement is available to the extent funds are budgeted. Should inadequate funding be available in the budget in any given year to reimburse all requests, reimbursements will be made on a “first come, first served” basis. Packet Page 286 of 369 32 In the event that an employee leaves employment with the City within twenty-four (24) months after receipt of tuition reimbursement funding, the employee shall reimburse the City for the amount they received from the beginning of the previous 24 months. Packet Page 287 of 369 33 CHAPTER VII BENEFITS All benefit programs are administered by the Human Resources Office. For any and all benefits and eligibility related questions, please contact Human Resources. 7.1 MEBT The Municipal Employee Benefit Trust (MEBT) is a City retirement program provided in lieu of the federal Social Security benefit. The City does not participate in the federal Social Security Trust, excluding Medicare (employees, who are hired after April 1986, must contribute into Medicare). The MEBT benefit is made up of three components: a retirement benefit, long-term disability insurance, and a $75,000 term life insurance benefits for survivors. Participation in MEBT is mandatory. The City and all employees make payroll deduction contributions (pre-tax) into the MEBT program in the amount normally paid through a FICA deduction. Employees can also make additional voluntary after-tax contributions into the MEBT program. All hourly and part-time employees working less than 1000 hours per year are not eligible to participate in MEBT, and are required to pay into the Social Security program. 7.2 STATE RETIREMENT All regular public safety employees in the police department are covered by the Law Enforcement Officer's and Firefighters Retirement System (LEOFF 2). Benefit levels and contribution rates are set by the State of Washington. All regular full-time non-uniformed employees are covered under the Public Employees Retirement System (PERS). Both retirement programs are administered by the Department of Retirement Systems (DRS). Regular part time employees are covered, provided they work at least 70 hours per month for five or more months each year. Benefit levels and contribution rates are set by the State of Washington. Participation is mandatory. Employees intending to retire should plan to attend a retirement planning seminar provided by the State. They should also notify their department head and the DRS of their intent to retire at least three months prior to the date of retirement. 7.3 DEFERRED COMPENSATION Deferred Compensation is a tax shelter program provided to City employees through IRS code 457. Employee deposits are subject to limitations defined by the IRS. Deferred Compensation is a voluntary program made available through payroll deduction (pre-tax), and funded by individual employee contributions only. The City provides several deferred compensation plan vendors, which allows employees to select investment options of their choice. 7.4 INDUSTRIAL ACCIDENT INSURANCE (WORKERS COMPENSATION) All employees (except LEOFF I) are covered by the State Workers' Compensation Program. This insurance covers employees for on-the-job injuries or job-related illnesses. All job-related accidents should be reported immediately to the supervisor. Packet Page 288 of 369 34 For qualifying cases, State Industrial Insurance will pay the employee for workdays lost and specific medical costs due to job-related injuries or illnesses. All employees who have enough accrued sick leave are eligible to turn their time loss check over to the City for paid (“sick”) leave “buy back.” When an employee receives treatment because of an on-the-job accident/injury, the physician/hospital will file a claim for Workers' Compensation (L&I). In the event of absence due to injury, the employee may use their paid leaves to keep them in paid status while their claim is under consideration for approval of benefits by L&I. When the employee receives Workers' Compensation benefits, he/she is required to turn their time loss check over to the City so that the City can use the check to buy back a portion of the paid leaves used by the employee which shall be restored to the employee’s leave balances. This policy is to ensure that employee will receive prompt and regular payment during periods of injury or disability so long as disability continues, and to allow the employee to maintain as much accrued sick leave as possible after the buy back. The employee will not receive more than he/she would have received had the injury not occurred. In the event that an employee does not have enough accrued leave to keep them in paid status during their period of disability (as certified by their doctor) due to their work related injury, the employee will keep the time loss check from L&I and no buy back will be processed. Employees cannot receive Worker's Compensation benefits and paid sick leave for the same time period. Additionally, absence from work due to a work-related (L&I) approved injury may not be eligible for DRS service credit hours. In accordance with state law, the City will also provide a wage supplement to LEOFF II employees who are receiving worker’s compensation due to an occupational injury or illness. The supplement shall be in an amount which when added to the worker’s compensation will result in the same pay the employee would have received for full time active service. The supplemental benefit begins on the sixth day of absence from work. The City pays one half of the supplement and the other half is charged to accrued paid leave in the order of Sick Leave, Compensatory Time, Holiday, and Vacation. The supplement and use of accrued sick leave shall continue, as long as the employee is receiving worker’s compensation, to a maximum of six (6) months from the date of the injury. If the employee returns on a part time basis, the supplement and accrued sick leave shall be pro-rated. The employee must furnish a physician's release to return to full work duty without restrictions before returning to work. At any time during the disability period, but no later than six (6) months from the last day worked, the City may require an examination at its expense, performed by a physician of its choice to determine if the employee can return to work and if he/she will be capable of performing the essential duties of the position. Packet Page 289 of 369 35 7.5 HEALTH INSURANCE Regular full-time and part-time employees (working 20 or more hours per week) and their dependents are eligible to participate in the City's medical, dental, and vision insurance programs. The programs and criteria for eligibility will be explained upon hire. The City contributes toward the cost of premiums in the amounts authorized by the City Council and the labor agreements. The remainder of the premiums, if any, shall be paid by the employee through payroll deduction on a pre- tax basis. The City reserves the right to make changes in the carriers and provisions of these programs when deemed necessary or advisable, with prior notice to affected employees, and in compliance with the terms of the respective collective bargaining agreements. Part Time employees, who regularly work 20 or more hours each week during the full calendar year, are entitled to participate in the insurance program. Their insurance costs will be pro-rated depending upon the average number of hours they are scheduled to work during the year. Hourly employees, including those who occasionally work 20 or more hours in a week, are not eligible for insurance coverage. 7.6 UNEMPLOYMENT INSURANCE City employees may qualify for State Unemployment Compensation after termination from City employment as determined by the Employment Security Department. 7.7 LIFE INSURANCE Union employees are provided a Term Life Insurance benefit, and the premium is fully paid by the City. The insurance also provides a benefit upon the death of a dependent. Non-represented employees are provided Term Life Insurance, which is based upon a portion or all of their annual salary level. This benefit is explained when the new employee is hired. Police Officers are provided an additional life insurance benefit by the State of Washington in the event of their death in the line of duty. Additionally, all eligible employees are provided a life insurance benefit through MEBT. 7.8 EMPLOYEE ASSISTANCE PLAN (EAP) EAP is a confidential service, providing short term counseling and referral, which is offerred to employees and their dependents at no cost by the City. This service assists employees obtain professional help with problems which may be impacting their jobs. The EAP can assist employees with a wide variety of problems, including financial, personal, and job related. Please contact Human Resources for more information of the EAP. 7.9 EXTENDED HEALTH BENEFITS (COBRA). In compliance with COBRA (the Consolidated Omnibus Budget Reconciliation Act), the City will offer continuing health care coverage on a self-pay basis to employees and their dependents following termination (for reasons other than gross misconduct), a reduction in hours, retirement or death. These health benefits will be identical to the coverage offered to full-time employees. A. For terminated or reduced-hour employees, the coverage may last up to 18 months or until they become eligible for other health insurance coverage, whichever is earlier. In the event of the employee's retirement, divorce, separation, or death, the coverage may last up to a maximum of 36 months for the employee and/or qualified beneficiary. Packet Page 290 of 369 36 B. Upon mutual agreement between the employee and the City, and in accordance with the terms and conditions of the insurance coverage at the employee's expense during an approved unpaid leave of absence, COBRA continuation rights may apply in the event coverage is not extended through the City. C. While an employee is receiving worker's compensation benefits, the City may continue to pay the employee's health insurance premiums for three (3) months, after which the employee may choose to use COBRA rights and self-pay insurance premiums. D. Upon an employee's termination from City employment, at the employee's option and expense, the employee may elect to continue City health insurance benefits to the extent provided under COBRA. Continuation rights are not available if an employee is terminated for "gross misconduct." E. An administrative handling fee over and above the cost of the insurance premium may be charged the employee or dependents that elect to exercise their COBRA continuation rights. F. The employee or beneficiary may waive all rights to continuation coverage notification procedures and time limits outlined in the continuation coverage "Notification of Rights" letter. Packet Page 291 of 369 37 CHAPTER VIII LEAVES 8.1 VALUE STATEMENT The City believes a balance between time spent working and time spent in pursuit of personal interests creates a better overall employee. The City believes employees need time away from work in order to achieve that balance. 8.2 VACATION Employees will be provided annual vacation in accordance with their collective bargaining agreement or City ordinance. Non Represented employees receive annual vacation in accordance with the Edmonds City Code Chapter 2.35. In appropriate situations for recruitment purposes, the Mayor, with approval of the City Council, may authorize placement of a newly hired employee at a level on the vacation and/or sick-leave accrual charts consistent with his/her prior experience. All new employees must satisfactorily complete their orientation period to be entitled to the accrual and use of vacation leave. Employees may only use accrued vacation; vacation credit cannot be advanced to an employee. Regular part-time employees will receive vacation on a pro-rata basis. Hourly employees are not eligible for any vacation benefits. Employees do not accrue vacation benefits during a leave without pay. Each department is responsible for scheduling its employees' vacations with the least disruption of department operations whenever possible. Leave requests shall be submitted at least two weeks prior to taking vacation leave or as otherwise stated in the applicable collective bargaining agreement. Vacation schedules for union employees shall be submitted to their department directors for approval and in compliance with the applicable collective bargaining agreement. The maximum number of vacation hours which may be accrued is two years at the current accrual rate, unless otherwise stated in a collective bargaining agreement. After reaching the maximum amount, the employee will not accrue any additional vacation, until leave is used. Any exceptions to extend vacation accruals due to extenuating circumstances must be approved by the Mayor. Employees will be paid for unused vacation time upon termination of employment. 8.3 SICK LEAVE All full-time regular employees, except LEOFF I employees, accrue sick leave benefits at the rate of eight (8) hours for each calendar month of continuous employment, unless otherwise specified in their labor agreement. Regular part-time employees may accrue sick leave benefits on a pro-rata basis according to hours worked. Hourly employees do not earn sick leave benefits. The maximum accrual, unless otherwise specified in a labor agreement, is 1000 hours. Non Represented employees may annually convert accrued sick leave in excess of 800 hours to a cash payment at the rate of three hours of sick leave to one hour of Packet Page 292 of 369 38 compensation at the employee’s current rate of pay, up to a maximum of $1000 per year. Employees do not accrue sick leave benefits during a leave without pay. Sick leave cannot be advanced; only accrued sick leave can be used. Allowable uses of sick leave cover those situations in which an employee is absent from work (including reasons as defined under state and federally approved leaves) due to: Employee's own health condition (illness, injury, physical or mental disability, including disability due to pregnancy or childbirth); The need to care for an ill family member in accordance with the Family Care policy below. Medical or dental appointments for the employee or dependent child, provided that the employee must make a reasonable effort to schedule such appointments at times which have the least interference with the work day; Exposure to a contagious disease where on-the-job presence of the employee would jeopardize the health of others; Use of a prescription drug, which impairs job performance or safety; Additional leave (maximum 3 days) beyond bereavement leave for a death in the immediate family to be authorized by the Department Head. A doctor's certificate may be required when an employee is absent for a period in excess of three (3) days, or at any other occasion the Department Director deems appropriate. The City may require a physician’s certification of the existence of a serious health condition or emergency condition affecting the employee or immediate family member in accordance with state and federal law. The City may also request the opinion of a second doctor at the City's expense to determine whether the employee suffers from a serious health care condition which impairs his/her ability to perform the essential functions of his or her job or return to work after an absence of two (2) weeks. Employees who are habitually absent due to illness or disability may be terminated if their disability cannot be reasonably accommodated and/or when the employee's absenteeism prevents the orderly and efficient provision of services to the citizens of the City. Employees who use all their accumulated sick leave and require more time off work due to illness or injury may, with their department head's prior approval, request a leave without pay. (See Leave Without Pay Policy.) Employees will be paid for any unused sick leave upon leaving City service in accordance with City Ordinance or the applicable collective bargaining agreement. Packet Page 293 of 369 39 FAMILY CARE (USE OF ACCRUED LEAVE TO CARE FOR ILL FAMILY MEMBER) Consistent with the Washington Family Care Act, employees may use their choice of any accrued leave (whether vacation, sick leave or comp time) that they have available for their own use in order to care for their child, spouse, parent, parent-in-law, registered domestic partner, or grandparent. This policy reflects requirements for all employees under state law, and therefore applies to represented and non-represented employees alike. An employee may use available paid time off to care for his/her child where the child has a health condition requiring treatment or supervision, or where the child needs preventive care (such as medical, dental, optical or immunization services). An employee may use available paid time off when a spouse, registered domestic partner, parent, parent-in-law, or grandparent has a “serious or emergency health condition”, which are conditions: * Requiring an overnight stay in a hospital or other medical-care facility; * Resulting in a period of incapacity or treatment or recovery following inpatient care; * Involving continuing treatment under the care of a health care services provider that includes any period of incapacity to work or attend to regular daily activities; or * Involving an emergency (i.e., demanding immediate action). Where the need for family care leave is unexpected, the City understands that advanc e approval of the use of leave (as is required for certain kinds of leave) may not be possible. Employees are required, however, to notify their supervisor of the need to take time off to care for a family member as soon as the need for leave becomes known. The City reserves the right to require verification or documentation confirming that a family member has or has had a “serious or emergency” health condition when available leave is used to care for that family member. SICK LEAVE INCENTIVE PLAN Unless otherwise specified in the labor agreement, employees, who maintain a good attendance record, shall be eligible for the following Sick Leave Incentive Plan. Hours of Sick Leave Used during the Calendar Year Hours of Vacation Leave Earned 0 24 8 16 16 8 24+ 0 Packet Page 294 of 369 40 Incentive leave will be added to the employee’s maximum vacation accrual, however earned leave must be used in the year following the year in which the sick leave was earned. Sick leave used due to Workers Compensation illness or injury, FMLA, or other protected leaves will not be counted. The hours earned and used will be pro-rated to the nearest full hour. Employees must be employed for a full calendar year to be eligible for this benefit. 8.4 FITNESS FOR DUTY Whenever a supervisor has reasonable belief that an employee may not be able to perform all of his or her assigned job duties, the supervisor may require the employee to submit to a Fitness for Duty evaluation by a qualified professional and/or medical provider. The Fitness for Duty evaluation with be at the City’s expense. Any employee, who is absent from work because of illness or injury for six (6) months, may be required by the City to submit to a fitness for duty examination by a City physician to determine if he or she can return to work or if he or she is capable of performing the essential duties of their position. 8.5 LEAVE WITHOUT PAY The Mayor may grant leaves of absence without pay for absence from work not covered by any other type of leave or if other leave balances are exhausted. Examples of situations for which leave without pay may be granted include time off work for personal reasons, such as a prolonged illness, parenting, caring for an ill relative, or pursuing an education. Any leave without pay requests should be forwarded to the Department Director for approval by the Mayor. Employees do not accrue benefits or DRS service credits during a leave without pay, nor does the City pay for any other benefits, unless specifically stated elsewhere in City Policy or the applicable collective bargaining agreement. 8.6 JURY AND WITNESS DUTY The City provides all regular employees time off with pay for jury duty service up to a maximum of one month each time they are called for jury service. If jury duty extends beyond one month in any one instance the additional leave will be unpaid. Payment provided by the courts during periods of paid jury duty must be paid over to the City, excluding expense reimbursements, such as mileage. Employees must provide their supervisor with a copy of the jury duty summons as soon as possible after receiving it. Upon completion of jury duty, employees are required to provide their supervisor with proof of jury service. All employees summoned to testify in court are allowed time off for the period they serve as witnesses. In general, witness duty leave is unpaid unless the employee is a witness in a case involving the City. For exempt salaried employees, however, salary payment will continue except for full-day absences caused because the employee is a party in a lawsuit. 8.7 ADMINISTRATIVE LEAVE On a case-by-case basis, the City may place an employee on administrative leave with or without pay for an indefinite period of time. Administrative leave may be used in the best interests of the City (as determined by the Mayor) during a pending investigation or other administrative proceeding. Packet Page 295 of 369 41 8.8 MILITARY LEAVE Employees receive paid military leave of up to 21 working days per year beginning October 1 and ending the following September 30. This military service includes annual Reserve and National Guard training. Employees are required to provide their supervisor with copies of their military orders before the leave begins. Military leave in excess of this paid leave entitlement will be unpaid, provided that employees may use accrued vacation or compensatory time off during such military leave. Reinstatement upon return from military service will be determined in accordance with applicable federal and state law. INVOLUNTARY MILITARY SERVICE: City employees, who are involuntarily called into active duty for an indefinite period of time, are entitled to receive the following benefits, commencing on the first day the employee reports for active duty and continuing for the periods specified below or until the employee’s discharge from active duty, whichever occurs first: For sixty (60) calendar days – the difference, if any, between the employee’s regular City salary and the monetary compensation paid to the employee for the employee’s military service, inclusive of housing and food allowances and other similar expenses; and For ninety (90) calendar days or three months – the insurance premiums for the employee’s dependents, as previously covered by the insurance, shall be paid by the City; and Shared Leave as donated by other City employees. Employees, who have been called to active duty and who apply for the above benefits, must agree in writing to return to work with the City. Failure to return to work with the City upon completion of the military duty will be cause for reimbursement of the compensation and benefits paid under this paragraph in order to be entitled to this benefit. 8.9 WASHINGTON MILITARY LEAVE FOR SPOUSES AND DOMESTIC PARTNERS During times of military conflict declared by the President or Congress, an employee may be eligible for unpaid leave if his or her spouse or registered domestic partner is a member of the armed forces, National Guard or Reserves. An employee is eligible so long as he or she works an average of twenty (20) or more hours a week. An eligible employee may take up to fifteen (15) days of unpaid leave upon being notified of an impending call to duty, order to active duty, and before the deployment or when the military spouse/registered domestic partner is on leave from deployment. While leave is unpaid, the employee may elect to use paid sick, vacation, or other accrued paid time off while on leave. Packet Page 296 of 369 42 An employee must provide Human Resources with notice of his or her intent to take leave within five (5) business days of receiving official notice that the employee’s spouse or registered domestic partner will be on a leave from deployment, or (b) official notice of an impending call to active duty. Upon returning from leave, the employee is entitled to be restored to an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment at a workplace within twenty miles of the employee’s workplace when leave commenced. 8.10 FAMILY MEDICAL LEAVE The City complies with the federal Family and Medical Leave Act of 1993 (FMLA) as amended, and all applicable state laws related to family and medical leave, including but not limited to the Washington Family Leave Act (WFLA) and the Washington Pregnancy Disability Regulations (MDR). This means that, in cases where the law grants an employee more leave than the City’s leave policies provide, the employee will be given the leave required by law. The FMLA and WFLA, which usually run concurrently, provide up to 12 weeks of unpaid, job-protected leave every 12 months to eligible male and female employees for certain family and medical reasons. To be eligible for FMLA employees must have worked for the City for a least one year and for 1,250 hours over the previous 12 months, and must not have exhausted their FMLA leave entitlement during the previous rolling 12-month period. Unpaid FMLA/WFLA leave is granted for any of the following reasons: To care for a child after birth or placement for adoption or foster care. To care for a spouse, registered domestic partner, son, daughter or parent who has a serious health condition. For a serious health condition that makes the employee unable to perform the essential functions of their job. Any qualifying exigency as defined by the Secretary of Labor, arising when the employee’s spouse, registered domestic partner, child, or parent is called to active military duty or is on active duty. Qualifying exigencies are generally activities related to the active foreign duty or call to foreign duty, including attending certain military events, arranging for alternative childcare, addressing certain financial and legal arrangements, attending certain counseling sessions, and attending post- deployment reintegration briefings. To care for an employee’s family member who is a covered servicemember with a serious injury or illness. A serious health condition is defined as an illness, injury, impairment or physical or mental condition that involves: Packet Page 297 of 369 43 Any period of incapacity or treatment connected with inpatient care (i.e., an overnight stay) in a hospital, hospice, or residential medical care facility; A period of incapacity of more than three consecutive, full calendar days from work, school, or other regular daily activities that also involves continuing treatment by (or under the supervision of) a health care provider; A period of incapacity due to pregnancy or for prenatal care; A period of incapacity or treatment due to a chronic serious health condition, for a permanent or long-term condition for which treatment may not be effective, or to receive multiple treatments for restorative surgery after an accident or injury or for a condition that would likely result in an incapacity of more than three full, consecutive calendar days in the absence of medical treatment (e.g. chemotherapy for cancer or dialysis for kidney disease). Leave to care for a child after birth or placement for adoption or foster care must be concluded within 12 months of the birth or placement. Under some circumstances FMLA leave may be taken intermittently -- which means taking leave in blocks of time or on a reduced leave schedule--by reducing the normal weekly or daily work schedule. FMLA leave may be taken intermittently if medically necessary because of a serious health condition or for a qualifying military exigency. If FMLA leave is for birth or placement for adoption or foster care, use of intermittent leave is subject to the City’s approval. The City requires employees to use accrued paid sick leave during FMLA leave in circumstances where the City's policy or state law permits the use of sick leave . If the employee has any sick leave available that may be used for the kind of FMLA leave they are taking, it is the City’s policy that the employee must use that paid sick leave, beginning with the first day, as part of the FMLA leave. Employees may use their vacation leave under FMLA at their option to remain in a paid status after first using their sick leave as required by City policy. If sick leave is used for a purpose for which FMLA leave would be available, it is the City’s policy to designate the employee’s sick leave as counting against their FMLA leave allowance. The employee is required to notify the City if they use sick leave for a reason covered by the FMLA so that the City may properly account for the leave. Please contact the Human Resources Office for any questions about FMLA The City requires that employees provide advance leave notice, with medical certification, of the need for a leave related to a health condition, and with medical certification of their fitness to return to duty after medical leave. Taking leave, or reinstatement after leave, may be denied if these requirements are not met. Employees must give the City at least 30 days' advance notice of their request for leave if the reason for the leave is foreseeable based on an expected birth, placement for adoption or foster care, or planned medical treatment. If 30 days' notice is not practicable, employees must give the City notice as soon as practicable, usually within one or two Packet Page 298 of 369 44 business days of when the need for leave becomes known to the employee. If 30 days' advance notice is not given, and if the need for the leave and the approximate date of the leave were clearly foreseeable by the employee, the City may deny the request for leave until at least 30 days after the date notice is given. The City requires that employees provide a medical certification to support a request for leave because of a serious health condition (their own or their child's, spouse's, registered domestic partner’s, or parent's) whenever the leave is expected to extend beyond five consecutive working days or will involve intermittent or part-time leave. The City may require second or third opinions at its option with such expense covered by the City. Employees are also required to provide a medical certification of their fitness for duty to return to work after a medical leave that extends beyond 10 consecutive working days, that involves a mental disability or substance abuse, or where the medical condition and the job are such that the City believes the employee may present a serious risk of injury to themselves or others if they are not fit to return to work. If an employee takes leave for more than two weeks, they will be required to report to their supervisor at least every two weeks on their status and intent to return to work. The City can place an employee on Family Medical Leave at any time sufficient evidence exists of a qualifying event. The employee will be notified in writing of this decision. If the employee is covered by the City’s group health plan (medical, dental or vision), their health insurance benefits continue to be paid during FMLA leave on the same basis as during regular employment. But if the employee doesn’t return to work after the leave, they will be required to pay the City back for its portion of the insurance premiums unless the failure to return was beyond the employee’s control. If the employee is covered by other insurance plans through the City, such as life or disability insurance, those coverages will continue during paid leave on the same basis as during regular employment. If the employee takes unpaid FMLA leave, they will be responsible during the leave for the premiums normally paid plus the premiums the City normally pays on the employee’s behalf. If the employee doesn’t pay these premiums, the City may choose to pay them on their behalf, to keep their coverage from lapsing, but the employee will be responsible for repaying the City whether or not they return to work. If both an employee and their spouse work for the City and leave for the birth, adoption or foster care placement of a child, to care for a new child, or to care for a sick parent is requested, the total annual FMLA leave available to both employees combined for those purposes is 12 weeks. Leave for the birth or for placement for adoption or foster care must be completed within 12 months of the child’s birth or placement. FMLA leave is available for up to 12 weeks during a 12-month period. For purposes of calculating leave availability, the "12-month" period is a rolling 12-month period measured backwards from the date FMLA leave started. Packet Page 299 of 369 45 CAREGIVER LEAVE FOR AN INJURED SERVICEMEMBER Per FMLA, eligible employees may receive up to 26 weeks of unpaid leave in a 12- month period to care for an injured or ill military service personnel: Who is the employee’s spouse, registered domestic partner, parent, child, or next of kin; and Who is a current member of the armed forces, including National Guard and Reserves; with a serious injury or illness incurred or aggravated in the line of duty on active duty that may render the service member medically unfit to perform his or her duties for which the service member is undergoing medical treatment, recuperation, or therapy, or is in outpatient status, or is on eht temporary disability retired list; or Who is a veteran who was a member of the armed forces any time during the five years preceding his/her need for medical treatment, recuperation or therapy for a serious injury or illness, where the injury or illness was incurred or aggravated in the line of duty.. The combined total of leave for all purposes described in this policy may not exceed 26 weeks in the applicable leave year. Spouses who are both employed by the City and who are eligible for FMLA leave may be limited to a combined total of 26 workweeks of leave during the single 12-month period if leave is taken for military caregiver leave, and leave for the birth or placement of a child, to care for the child after birth or placement, or to care for a parent with a serious health condition. QUALIFYING EXIGENCY RELATING TO A CALL TO COVERED ACTIVE DUTY. Under the FMLA, leave is available for certain qualifying military exigencies, as described below. The City may require certification of a qualifying exigency, which requires the following: The eligible employee must be the spouse, son, daughter, or parent of a covered servicemember. The son or daughter may be of any age. The servicemember must be in covered active duty. “Covered active duty” means the servicemember must be a current member of the Regular Armed Forces or a member of the National Guard or Reserve (Army National Guard of the United States, Army Reserve, Navy Reserve, Marine Corps Reserve, Air National Guard of the United States, Air Force Reserve and Coast Guard Reserve), or be a retired member of the Regular Armed Forces or Reserve who is called to active duty. A call to covered active duty refers to a Federal call to active duty, and the active duty must involve deployment to a foreign country. Packet Page 300 of 369 46 The leave must be needed for a non-medical qualifying exigency which arises out of the servicemember being on covered active duty or having been notified of an impending call or order to covered active duty. Qualifying exigencies include: Short-notice deployment Eligible employee may take up to seven calendar days’ leave if the military member receives seven or less days’ notice of a call to covered active duty. Military events and related activities (before and during deployment) Certain temporary childcare arrangements on an urgent, immediate need basis (but not on a routine, regular, or everyday basis), or to attend meetings with staff at a school or daycare facility Financial and legal arrangements to address the servicemember’s absence Counseling by a non-medical counselor (such as a member of the clergy) Rest and recuperation Eligible employee may take up to fifteen days’ leave for each instance when the military member is on temporary rest and recuperation leave. Post-deployment military activities Additional activities agreed to by the Company and the employee relating to the servicemember’s call to covered active duty 8.11 PREGNANCY DISABILITY LEAVE The City provides pregnancy disability leave to all female employees for the period of actual disability associated with pregnancy and childbirth. Pregnancy disability leave is for the period of disability that is determined to be medically necessary, and not for child rearing after the disability ends. Pregnancy disability leave is treated the same as leave for any other short-term disability. Like any other medical leave, the City may require medical certification to support a request for leave. A female employee has who taken a leave of absence only for the period of her disability relating to pregnancy or childbirth will generally be permitted to return to the same job, or a similar job of at least the same pay, except in cases of business necessity. Packet Page 301 of 369 47 If eligible for FMLA, the pregnancy disability leave runs concurrent (at the same time) with the FMLA and does not extend the 12 weeks of leave allowed under federal law. Pregnancy disability leave runs consecutive (one begins after the other ends) with the WFLA and does extend the 12 weeks of leave allowed under state law for the duration of the physical disability. Thus, a pregnant employee with no complications in the pregnancy and childbirth is likely entitled to 18-20 weeks of leave (six to eight weeks of physical disability leave, plus 12 weeks of leave under the WFLA). Unpaid pregnancy disability leave is without employer-paid benefits unless the leave is also covered by FMLA, although the employee may utilize accrued leave to remain in a fully paid status. 8.12 BEREAVEMENT LEAVE The City provides regular employees with paid leave for up to three (3) days in the event of the death of a member of the employee’s immediate family. Immediate family is defined as the spouse, registered domestic partner, children, stepchildren, mother/father, mother in-law/father in-law, step parent, brothers, sisters, and grandparents. If the death occurs out of area and involves travel; up to three additional days may be granted off provided the additional time is charged to the employee’s accrued sick leave. 8.13 DOMESTIC VIOLENCE, SEXUAL ASSAULT, AND STALKING LEAVE In accordance with the Washington State Domestic Violence Leave Law, employees who are victims of domestic violence, sexual assault, or stalking, or who have a family member who is a victim, may take reasonable unpaid leave from work either in continuous blocks of time or intermittently, or continue employment on a reduced work schedule, to take care of related legal or law enforcement needs, to obtain or assist in obtaining medical treatment, social services assistance, or mental health counseling, to participate in safety planning, to temporarily or permanently relocate, or to take other actions to increase the safety of the employee or family member. An employee may elect to use paid sick leave, if applicable, vacation, comp time, or floating holiday time while on leave. For purposes of this policy, family member is defined as child, spouse/domestic partner, parent, parent-in-law, grandparent, or person the employee is dating. Employees must give as much advance notice of the need for the leave as possible. Leave requests must be supported with one or more of the following: A police report; A court order of protection; Documentation supporting a court appearance; Documentation from a healthcare provider, domestic violence advocate, attorney, or clergy; or An employee’s written statement that the employee or employee’s family member is a victim and needs assistance. Packet Page 302 of 369 48 If the situation does not allow for advance notice, the employee must notify the Human Resources Office no later than the end of the first day that the employee takes leave. The City will continue to pay the City’s share of health benefits as if the employee were still at work provided the employee pays his or her share of the premium. At the end of the leave, the employee will be restored to the same position or equivalent position in pay, benefits, terms and conditions unless the employee had a temporary assignment or was hired to work on a limited term project that was completed before or during the leave. 8.14 SHARED LEAVE The Mayor may authorize employees to donate their accrued leave to another City employee who is suffering from or who has an immediate family member suffering from an illness, injury, or physical or mental condition which has caused or is likely to cause the employee to take leave without pay or to terminate his/her employment. The following conditions apply: Both accrued sick and vacation leave may be donated for a Shared Leave, which is based on a catastrophic level of illness or injury. Catastrophic illnesses or injuries are those which are potentially career-ending or life-threatening. All donated vacation leave hours must be used prior to any use of donated sick leave hours. However, only vacation leave hours can be donated for a shared leave request, where the need arises from a non-catastrophic level of illness or injury. Immediate family is defined as spouse, registered domestic partner, son, daughter, mother, father, and in-laws of the same degree. To be eligible to donate leave, the employee must have at least ten (10) days of accrued leave before he/she is eligible to donate leave hours. In no event shall a leave transfer result in the donor employee reducing his/her vacation leave and/or sick leave balance to less than ten (10) days. Transfer of leave will be in increments of one day of leave. All donations of leave are strictly voluntary. The employee receiving donated leave shall have exhausted all his/her accumulated vacation, sick leave, holiday, compensatory time, or any other paid leave. Employees on L&I injuries are not eligible for shared leave if they are receiving time loss or LEP checks. While an employee is using shared leave, he or she will continue to receive the same treatment, in respect to salary and benefits, as the employee would otherwise receive if using vacation or sick leave. The maximum duration of a shared leave is limited to no more than six (6) continuous months or six (6) months in a five year period and cannot be used to extend the absence beyond the post leave time prescribed by law, labor agreement, or City policy. Packet Page 303 of 369 49 8.15 HOLIDAYS The following are recognized as paid holidays for all regular full- time and part-time employees: New Year's Day January 1 Martin Luther King Day 3rd Monday in January President's Day 3rd Monday in February Memorial Day Last Monday in May Independence Day July 4 Labor Day 1st Monday in September Veteran's Day November 11 Thanksgiving Day 4th Thursday in November Day after Thanksgiving Day after Thanksgiving Christmas Eve December 24th Christmas Day December 25 Any holiday falling on Saturday will be celebrated on the preceding Friday. Any holiday falling on Sunday will be celebrated on the following Monday. For employees, who are working an alternative work schedule, an alternative eight (8) hour period of time off for the holiday will be granted. Employees, who are represented by a Union, will be paid for the holiday in accordance with their collective bargaining agreement. Hourly employees will be paid at their regular straight-time rate for hours worked on a holiday. Each employee who, because of the nature of his/her service, serves on a holiday, shall be compensated in accordance with the following provisions: Employees classified as nonexempt shall, at his/her option, be compensated for work on that holiday either by payment for such work at the overtime rate of pay or, may at his/her election receive an equivalent amount of compensatory time off at a date convenient to the City. Such day away from service shall be set at a date mutually agreed upon, but shall be set within 12 months of the holiday served. Such rate of pay shall not be pyramided in the event that any hours worked are subject to the overtime provisions of the Fair Labor Standards Act or the Washington Minimum Wage Act. Exempt employees shall be permitted one full day away from service with full pay on a day which he/she would otherwise have served. Such day off shall be scheduled at a date mutually agreed upon within the same calendar year in which the holiday occurred. If any of the legal holidays set forth in this section are also federal legal holidays but observed on different dates, only the holiday occurring on the date specified in this policy shall be recognized as a paid legal holiday. In no case shall both be recognized as paid legal holidays for employees. 8.16 RELIGIOUS HOLIDAYS If an employee's religious beliefs require observance of a holiday not included in the basic holiday schedule, the employee may, with his/her Packet Page 304 of 369 50 department head's approval, take the day off using vacation, a floating holiday, compensatory time, or leave without pay. 8.17 BENEFITS FOR PART TIME AND HOURLY EMPLOYEES Unless noted otherwise in these policies, benefits for regular part-time employees are pro-rated based upon the number of regular hours worked. Hourly employees are not normally granted leave benefits, unless otherwise specified in an individual employment agreement. 8.18 PAYMENT FOR ACCRUED LEAVES Leave must be accrued before it can be taken off for pay. Pay cannot be advanced for leave which has not yet been accrued. 8.19 MANAGEMENT LEAVE To be more competitive in the market place, the City will provide non-represented employees who are ineligible for compensatory time with 24 hours of Management Leave annually. Management Leave will have no cash-out value and will not be carried over at the end of the calendar year. Formatted: Normal Formatted: Font: (Default) Arial Formatted: Normal Packet Page 305 of 369 51 CHAPTER IX TRAVEL & MEAL EXPENSES 9.0 VALUE STATEMENT It is the City’s policy to pay for reasonable and necessary expenses relating to authorized City business for travel, meals, lodging, and related accommodations. Eligible expenses, with the exception of meals, shall be reimbursed on an actual expense basis only and must be accompanied by invoices and/or receipts showing proof of payment. All persons are to use good judgment and discretion, limiting expenses with the best interests of the City foremost in mind. Excessive or unnecessary expenses will not be approved or reimbursed. 9.1 AUTHORIZATION All requests for travel out of area shall be submitted on an AUTHORIZATION TO TRAVEL and ATTEND TRAINING FORM. The request must be approved by the Department Director in advance of the travel or expenditure. All anticipated expenses, either known or estimated, should be listed on the authorization. 9.2 ACCOMMODATIONS Accommodations, including transportation, lodging, and registrations, shall normally be arranged in advance by the designated staff person and billed directly to the City or placed on the Department's credit card. Accommodations shall be made at the lowest reasonable rate available, such as coach fare for air transportation and single occupancy government rate for lodging. 9.3 MEALS The City’s per diem expense for meals will be in conformance with the State of Washington Office of Financial Management guidelines. Receipts are not required unless additional reimbursement is requested. Per diem for meals will be paid a) when the meal is part of a scheduled conference or business meeting and attendance is required, b) for all out of area travel, which includes an overnight stay. Per diem shall also be paid when travel time to and from the destination exceeds the normal workday by three or more hours. Travel time is measured from the employee’s workplace to his or her destination. Expenses not approved for reimbursement includes but is not limited to; alcoholic beverages, expenses for family or guests, entertainment, and meals provided as part of the registration costs. 9.4 USE OF PRIVATE VEHICLES City employees on official business may use private cars when a City vehicle is not available. Employees, who are operating private cars while on City business, must have in their possession a valid operator’s license and be insured to the State’s minimum liability standards. Employees will be reimbursed at the mileage rate set annually by the Federal IRS. The mileage rate includes all costs associated with the City’s use of the private car. Reimbursement to employees, who wish to use their private car in lieu of air transportation, may not exceed the amount, which would have been paid for appropriate airfare. In the event of an accident, the employee’s insurance will be primary accident coverage. The Mayor, members of the city council, boards and commissions shall not be reimbursed for Packet Page 306 of 369 52 mileage expenses incurred within the city limits of Edmonds. Daily commute transportation expenses between the employee’s official residence and official station is a personal obligation of the employee and is not reimbursable by the city. All other miles driven on official City business are reimbursable. Employees may be reimbursed for miles driven between their official station or official residence and temporary duty station, whichever is shortest. 9.5 USE OF CITY VEHICLES While operating City of Edmonds vehicles, all employees must have a valid Washington State Drivers License in their possession at all times. Employees who operate a City vehicle shall immediately notify their Department Director any time the employee’s drivers license becomes suspended, revoked, or is any way not valid or current, for any reason. Employees shall not resume operation of any City vehicle until a valid, current drivers license is presented to their Department Director. Packet Page 307 of 369 53 CHAPTER X EMPLOYEE RESPONSIBILITIES AND CODE OF ETHICS 10.1 GENERAL CODE OF CONDUCT The City’s primary function is to provide service to the citizens of Edmonds. To achieve that goal, all employees are expected to treat the public as their most valued customer. All employees are expected to serve the public in a professional manner, which is courteous, efficient and helpful. Employees must maintain a clean and neat appearance appropriate to their work assignment, as determined by their position and department head. Since the proper working relationship between employees and the City depends on each employee's on-going job performance, professional conduct and behavior, the City has established certain minimum standards of personal and professional conduct. Among the City's expectations are: tact and courtesy towards the public and fellow employees; adherence to City policies, procedures, safety rules and safe work practices; compliance with directions from supervisors; preserving and protecting the City's equipment, grounds, facilities and resources; and providing orderly and cost efficient services to its citizens. In addition, all persons representing the City of Edmonds are expected to conduct business in the following manner: All persons, representing the City of Edmonds, shall conduct business in a professional manner, respecting all citizens’ rights, and showing courtesy to all. Their actions shall be conducted within compliance of the laws and regulations governing the City’s actions, including but not limited to RCW Title 42. City representatives are expected to conduct business in an open manner. They shall not engage in any conduct which would reflect unfavorably upon City government or any of the services it provides. They must avoid any action which might result in or create the impression of using their position for private gain, giving preferential treatment or privileged information to any person, or losing impartiality in conducting the City’s business. 10.2 OUTSIDE EMPLOYMENT AND CONFLICTS OF INTEREST Employees shall not, directly or indirectly, engage in any outside employment or financial interest which may conflict, in the City's opinion, with the best interests of the City or interfere with the employee's ability to perform his/her assigned City job. Examples include, but are not limited to, outside employment which: Packet Page 308 of 369 54 (1) prevents the employee from being available for work beyond normal working hours, such as emergencies or peak work periods, when such availability is a regular part of the employee's job; (2) is conducted during the employee's work hours; (3) utilizes City telephones, computers, supplies, credit, or any other resources, facilities or equipment; (4) is employed with a firm which has contracts with or does business with the City; or (5) may reasonably be perceived by members of the public as a conflict of interest or otherwise discredits public service. 10.3 REPORTING IMPROPER GOVERNMENT ACTION In compliance with the Local Government Employee Whistleblower Protection Act, RCW 42.41.050, this policy is created to encourage employees to disclose any improper governmental action taken by city officials or employees without fear of retaliation. This policy also safeguards legitimate employer interests by encouraging complaints to be made first to the City, with a process provided for speedy dispute resolution. Key Definitions: Improper Governmental Action is any action by a city officer or employee that is: (1) undertaken in the performance of the official's or employee's official duties, whether or not the action is within the scope of the employee's employment, and (2) in violation of any federal, state or local law or rule, is an abuse of authority, is of substantial and specific danger to the public health or safety, or is a gross waste of public funds. (3) "improper governmental action" does not include personnel actions (hiring, firing, complaints, promotions, reassignment, for example). In addition, employees are not free to disclose matters that would affect a person's right to legally protected confidential communications. City employees who become aware of improper governmental action should follow this procedure: Bring the matter to the attention of his/her supervisor, if non-involved, in writing, stating in detail the basis for the employee's belief that an improper action has occurred. This should be done as soon as the employee becomes aware of the improper action. Packet Page 309 of 369 55 Where the employee believes the improper action involves their supervisor, the employee may raise the issue directly with Human Resources, their Department Director or the Mayor. Where the employee believes the improper action involves the Mayor, the employee may raise the issue with Human Resources or the City Attorney. The Mayor or his/her designee, as the case may be, shall promptly investigate the report of improper government action. After the investigation is completed (within thirty (30) days of the employee's report), the employee shall be advised of the results of the investigation, except that personnel actions taken as a result of the investigation may be kept confidential. An employee who fails to make a good faith effort to follow this policy shall not be entitled to the protection of this policy against retaliation, pursuant to RCW 42.41.030. In the case of an emergency, where the employee believes that damage to persons or property may result if action is not taken immediately, the employee may bypass the above procedure and report the improper action directly to the appropriate government agency responsible for investigating the improper action. For the purposes of this section, an emergency is a circumstance that if not immediately changed may cause damage to persons or property. Employees may report information about improper governmental action directly to an outside agency if the employee reasonably believes that an adequate investigation was not undertaken by the City to determine whether an improper government action occurred, or that insufficient action was taken by the City to address the improper action or that for other reasons the improper action is likely to recur. Outside agencies to which reports may be directed include: Snohomish County Prosecuting Attorney Washington State Auditor M/S 504 Capital Campus Everett, WA 98201 P.O. Box 40021 (425)388-3333 Olympia, WA 98504 (360)902-0370 Washington State Attorney General 1125 Washington Street SE P.O. Box 40100 Olympia, WA 98504 (360)753-6200 If the above-listed agencies do not appear to appropriate in light of the nature of the improper action to be reported, contact information for other state and county agencies may be obtained via the following link: http://access.wa.gov/agency/agency.aspx. It is unlawful for a local government to take retaliatory action because an employee, in good faith, provided information that improper government action occurred. Retaliatory Packet Page 310 of 369 56 Action is any material adverse change in the terms and conditions of an employee's employment. Employees who believe they have been retaliated against for reporting an improper government action should follow this procedure: Procedure for Seeking Relief against Retaliation: (1) Employees must provide a written complaint to the supervisor within thirty (30) days of the occurrence of the alleged retaliatory action. If the supervisor is involved, the notice should go to the Mayor. If the Mayor is involved, the notice should go to the City Attorney. The written charge shall specify the alleged retaliatory action and the relief requested. (2) The Mayor or his/her designee, as the case may be, shall investigate the complaint and respond in writing within thirty (30) days of receipt of the written charge. Additional time to respond may be necessary depending on the nature and complexity of the complaint. (3) After receiving the City's response, the employee may request a hearing before a state administrative law judges (ALJ) to establish that a retaliatory action occurred and to obtain appropriate relief under the law. The request for hearing must be delivered within the earlier of either fifteen (15) days of receipt of the City's response to the charge of retaliatory action or forty-five (45) days of receipt of the charge of retaliation to the Mayor for response. (4) Within five (5) working days of receipt of a request for hearing the City shall apply to the State Office of Administrative Hearing's for an adjudicative proceeding before an administrative law judge. Office of Administrative Hearings PO Box 42488 Olympia, WA 98504-2488 360.407.2700 800.558.4857 360.664.8721 Fax (5) At the hearing, the employee must prove that a retaliatory action occurred by a preponderance of the evidence in the hearing. The ALJ will issue a final decision not later than forty-five (45) days after the date of the request for hearing, unless an extension is granted. The Mayor or designee is responsible for implementing these policies and procedures. This includes posting the policy on the City bulletin board, making the policy available to any employee upon request, and providing the policy to all newly hired employees. Officers, managers and supervisors are responsible for ensuring the procedures are fully implemented within their areas of responsibility. Packet Page 311 of 369 57 Violations of this policy and these procedures may result in appropriate disciplinary action, up to and including dismissal. 10.4 POLITICAL ACTIVITIES City employees may participate in political or partisan activities of their choosing provided that City resources and property are not utilized, and the activity does not adversely affect the responsibilities of the employees in their positions. Employees may not campaign on City time or in a City uniform or while representing the City in any way. Employees may not allow others to use City facilities or funds for political activities without a paid rental agreement. Any City employee who meets with or may be observed by the public or otherwise represents the City to the public, while performing his/her regular duties, may not wear or display any button, badge or sticker relevant to any candidate or ballot issue during working hours. Employees shall not solicit, on City property or City time, for a contribution for a partisan political cause. Except as noted in this policy, City employees are otherwise free to fully exercise their constitutional First Amendment rights. 10.5 NO SMOKING POLICY The City maintains a smoke-free workplace. No smoking of tobacco products or electronic smoking devices is permitted anywhere in the City’s buildings or vehicles, and offices or other facilities rented or leased by the City. If an employee chooses to smoke, it must be done outside at least 25 feet from entrances, exits, windows that open, and ventilation air intakes. 10.6 PERSONAL POSSESSIONS AND ELECTRONIC COMMUNICATIONS The City cannot assume responsibility for any theft or damage to the personal belongings of City employees. Therefore, the City requests that employees avoid bringing valuable personal articles to work. Employees are solely responsible for ensuring that their personal belongings are secure while at work. Employees should have no expectation of privacy as to any items or information generated/stored on City systems. Employees are advised that work-related searches of an employee’s work area, workspace, computer and electronic mail on the City’s property may be conducted without advance notice. The City reserves the right to search employee desks, lockers and personal belongings brought onto City premises if necessary. Employees who do not consent to inspections may be subject to discipline, up to and including immediate termination. Please see Attachment A - INFORMATION SERVICES - ACCEPTABLE USE POLICY - for guidelines on use of City computers. 10.7 USE OF TELEPHONES AND CITY VEHICLES Use of City phones and City cellular phones for local personal phone calls and text messaging should be kept to a minimum; long distance personal use is prohibited. Other City equipment, including vehicles, should be used by employees for City business only, unless otherwise Packet Page 312 of 369 58 approved by the Department Director. Employees' misuse of City services, telephones, vehicles, equipment or supplies can result in disciplinary action up to and including termination. The City reminds employees that Washington state law restricts the use of cell phones and PDA’s while driving. Employees must comply with applicable laws while engaging in work for the City. 10.8 BULLETIN BOARDS Information of special interest to all employees is posted regularly on the City bulletin boards. Employees may not post any information on these bulletin boards without the authorization of the Department Head. 10.9 MEDIA RELATIONS The Mayor or designated department heads shall be responsible for all official contacts with the news media during working hours, including answering of questions from the media. The Mayor or department head may designate specific employees to give out procedural, factual or historical information on particular subjects. 10.10 USE OF SAFETY BELTS Per Washington law, anyone operating or riding in City vehicles must wear seat belts at all times. 10.11 DRIVER'S LICENSE REQUIREMENTS As part of the requirements for certain specific City positions, an employee may be required to hold a valid Washington State Driver's license and/or a Commercial Driver’s License (CDL). If an employee fails his or her CDL physical examination or the license is revoked, suspended or lost, or is in any other way not current, valid, and in the employee's possession, the employee shall promptly notify his/her department head and will be immediately suspended from driving duties. The employee may not resume driving until proof of a valid, current license is provided to his/her department head. Depending on the duration of license suspension, revocation or other inability to drive, an employee may be subject to disciplinary action, up to and including termination. Failure on the part of an employee to notify their department director of the revocation, suspension, or loss of driving privileges may subject the employee to disciplinary action, up to and including termination. 10.12 SOLICITATIONS Most forms of selling and solicitations are inappropriate in the workplace. They can be an intrusion on employees and citizens and may present a risk to employee safety or to the security of City or employee property. The following limitations apply: Persons not employed by the City may not solicit, survey, petition, or distribute literature on our premises at any time. This includes persons soliciting for charities, salespersons, questionnaire surveyors, labor union organizers, or any other solicitor or distributor. Exceptions to this rule may be made in special circumstances where the City determines that an exception would serve the best interests of the organization and our employees. An example of an exception might be the United Way campaign or a similar, community-based fund raising effort. Packet Page 313 of 369 59 Employees may not solicit for any purpose during work time. Reasonable forms of solicitation are permitted during non-work time, such as before or after work or during meal or break periods. Soliciting employees who are on non-work time may not solicit other employees who are on work time. Employees may not distribute literature for any purpose during work time or in work areas, or through the City’s electronic systems. The employee lunchroom is considered a non-work area under this policy. 10.13 USE OF CITY CREDIT Unless otherwise authorized by City policy or specifically authorized by the Mayor, no City employee is authorized to commit the City to any contractual agreement, especially an agreement that lends the City’s credit in any way. Employees are prohibited from conducting personal business with companies in any way which improperly implies the employee is acting as an agent of the City. 10.14 SUBSTANCE ABUSE The City's philosophy on substance abuse has two focuses: (1) a concern for the well being of the employee and (2) a concern for the safety of other employees and members of the public. As part of our employee assistance program, we encourage employees who are concerned about their alcohol or drug use to seek counseling, treatment and rehabilitation. Although the decision to seek diagnosis and accept treatment is completely voluntary, the City is fully committed to helping employees who voluntarily seek assistance to overcome substance abuse problems. In most cases, the expense of treatment may be fully or partially covered by the City's benefit program. Please see the EAP counselor for more information. In recognition of the sensitive nature of these matters, all discussions will be kept confidential. Employers who seek advice or treatment will not be subject to retaliation or discrimination. Although the City is concerned with rehabilitation, it must be understood that disciplinary action may be taken when an employee's job performance is impaired because he/she is under the influence of drugs or alcohol on the job. The City may discipline or terminate an employee possessing, consuming, selling or using alcohol, or controlled substances (other than legally prescribed) during work hours or on City premises, including break times and meal periods. The City may also discipline or terminate an employee who reports for duty or works under the influence of alcohol or controlled substances. Employees may also not report for work when their performance is impaired by the use of prescribed or over-the-counter medications. The City reserves the right to search employee work areas, offices, desks, filing cabinets etc. to ensure compliance with this policy. Employees shall have no expectation of privacy in such areas. Any employee who is convicted of a criminal drug violation in the workplace must notify the organization in writing within five calendar days of the conviction. The organization will take appropriate action within 30 days of notification. Federal contracting agencies will be notified when appropriate. Packet Page 314 of 369 60 Testing: Certain employees of the City, including those who must possess CDLs or who have safety sensitive positions, are subject to random drug and alcohol testing. Any employee may also be required to submit to alcohol or controlled substance testing when the City has reasonable suspicion that the employee is under the influence of controlled substances or alcohol. Refusal to submit to testing, when requested, may result in immediate disciplinary action, including termination. The City may also choose to pursue criminal charges, if violations of law are suspected. The City has adopted Drug and Alcohol Testing Policies and Procedures, which more specifically describe the City’s substance abuse policy, and these are incorporated herein by reference as Appendix B. Packet Page 315 of 369 61 CHAPTER XI DISCIPLINE AND TERMINATIONS 11.1 VALUE STATEMENT The City values the self discipline which most employees exercise in performing their jobs. The City also believes that external discipline can also be positive, if it is honest, constructive, timely, and provided in the best interests of both the employee and the City. When teaching or discipline fails to correct an ongoing problem, progressive discipline will be used to provide sufficient opportunity for the employee to understand and correct it. 11.2 ACTIONS SUBJECT TO DISCIPLINARY ACTION Our success in providing excellent service to our citizens and maintaining good relationships with the community depends on our employees. We have therefore provided for your guidance certain conduct which, if engaged in, would be detrimental to our objective and could lead to disciplinary action including discharge. The following specified conduct is illustrative and not comprehensive.  Misrepresentation or withholding of pertinent facts in securing employment.  Unauthorized use or possession of the city facilities/property. Improper use of the Internet.  Unauthorized use of position with the city for personal gain or advantage. Accepting unlawful gratuities or bribes. Lying.  Smoking in any unauthorized area or creating of fire hazards in any area.  Employee appearance or dress which is inappropriate for the employee’s work area, creates a potential safety hazard, violates common decency standards, or otherwise significantly distracts from the employee’s job responsibilities.  Personal telephone calls, both number and duration, should be held to a minimum. SCAN lines and FAX machines are available for City business only. Personal long distance calls must be placed through the City’s central switchboard for billing purposes.  Failure to report an occurrence causing damages to the city, customer, or public property. Failure to properly secure the city facilities or property.  Loitering after completing day's work, which results in the disruption of the city's business or the work effort of other employees. Vending, soliciting, or collecting contributions for any purpose whatsoever during working time on the premises without the permission of the supervisor. Packet Page 316 of 369 62  Unauthorized operation or using machines, tools, or equipment to which the employee has not been specifically assigned.  Unauthorized recording of another employee's time record. Both employees can be subject to disciplinary action.  Habitual lateness for work. Absence without proper notification to immediate supervisor, excessive absenteeism, or insufficient reasons for absenteeism. Loitering, goofing off, failing to assist others in a work situation.  Making malicious, false, or derogatory statements that are intended or could reasonably be expected to damage the integrity or reputation of the city, members of the public, or our employees, on or off premises. Disorderly conduct, including fighting on the premises. Rudeness, discrimination, harassment, intimidation, coercion, use of obscene language, gesture or lack of courtesy to the public or fellow employees. Immoral conduct while on duty.  Intentional falsification of records/paperwork required in the transaction of the city business.  Inability, inefficiency, negligence, or insubordination, including a refusal or failure to perform assigned work. Concealing defective work. Poor job performance.  Failure to observe safety practices, rules, regulations, and instructions. Negligence that results in injury to others. Failure to wear required safety clothing and equipment.  Failure to promptly report an on-the-job injury or accident involving City employees, equipment, property, or a visitor.  Dishonesty or theft, including deliberate destruction, damage, or removal of the city's or other's property from the premises, or any job site.  Possession, use, sale, or being under the influence of alcohol and controlled substances, as defined by the federal Controlled Substances Act, while on the city business (including standby duty). The only exception to this rule shall be for (a) an employee using or possessing a controlled substance prescribed by a doctor if such employee has given his/her supervisor prior notice of such use and/or possession and such use does not impair safe and/or efficient work performance; (b) an employee carrying in his/her personal vehicle one or more unopened, factory or store sealed container(s) of alcohol; and (c) a law enforcement officer carrying in his/her city vehicle any alcohol and/or controlled substances that have been seized as evidence in a law enforcement action. Packet Page 317 of 369 63  Possession of explosives or weapons on the premises or at any job site.  Conviction of a gross misdemeanor or felony. 11.3 DISCIPLINARY ACTIONS In the event that discipline is necessary, the following are examples of types of disciplinary actions that may be used for employees, by the Department Director (with the exception of terminations which are at the discretion of the Mayor). The level selected depends on the particular situation and severity of the offense: A. Oral Warning Oral warnings may be given for minor offenses, or to bring to the employee's attention a potential work performance problem. They are intended to give an employee an opportunity to correct a condition. B. Written Warning A written warning will be issued by the supervisor in the event the employee continues to disregard an oral warning, or if the misconduct, inadequate performance, or infraction is severe enough to warrant a written record in the employee's personnel file. C. Suspension A suspension is time off with or without pay for disciplinary reasons. This form of discipline is administered as a result of a severe infraction of rules, standards, or for repeated lesser violations. D. Demotion. A demotion is a transfer to a position with lesser responsibility and usually less pay. Demotions may be temporary or permanent. This form of discipline is administered as a result of a severe infraction of rules, standards, or for repeated lesser violations, or when an employee has demonstrated an inability to competently perform his assigned position E. Performance Improvement Plan/Last Chance Agreement. A Performance Improvement Plan may be used when an employee has violated rules and standards, or has demonstrated an inability to competently perform his assigned position, and the employee is given an additional period of time to demonstrate rule abiding and competent behavior. A Performance Improvement Plan may not exceed six cumulative months. Leave days will not be included in this six month period. If the regular employee fails to correct performance or repeats the unacceptable conduct during the Performance Improvement Plan period, the employee may be discharged. F. Termination A termination is the involuntary separation of an employee from the City. This form of discipline is also administered as a result of a severe infraction of rules, standards, or for repeated lesser violations, or when an employee has Packet Page 318 of 369 64 demonstrated an inability to competently perform his assigned position. Terminations are subject to approval by the Mayor. The choice of what discipline to apply in any particular case is solely the City's decision. The City reserves the right to discipline employees up to and including termination without following any of the above examples of disciplinary actions in any particular order (unless otherwise specified in an applicable collective bargaining agreement) for single offenses if warranted depending on the severity of the offense. Employees who are exempt from overtime laws will not be suspended without pay for disciplinary purposes for periods less than a full workweek, unless the infraction involves violation of safety rules of major significance. Paid Administrative Leave. On a case-by-case basis, the employee may be placed on paid administrative leave with pay for an indefinite period of time as determined by the Mayor to be in the best interests of the City during the pendency of an investigation or other administrative proceeding. The City may place an employee on unpaid administrative leave if the circumstances warrant this action. 11.4 PRE-DISCIPLINARY OR PRE-TERMINATION HEARING Consistent with the United States Supreme Court Loudermill decision, a pre-disciplinary hearing shall be conducted in the following manner before a disciplinary action is taken which results in a decrease or loss of pay and/or benefits, for represented employees. The pre- disciplinary hearing serves as a check against mistaken decisions and as an opportunity for an employee to furnish additional facts before a disciplinary decision is finalized. In the event a department head desires to suspend, demote, or terminate an employee, after consultation with Human Resources, the employee shall be provided with a notice of the recommendation for disciplinary action. The notice shall include an explanation of the charges on which the recommendation is based, and the time and date for a pre- disciplinary hearing. If the employee fails or refuses to appear, the disciplinary action may proceed. Pre-disciplinary hearings will be presided over by the Department Director and a Human Resources representative and/or the City Attorney. The hearings are intended to be informal. The employee may show cause why he/she should not be disciplined. The employee may bring one person to the hearing as a representative. Usually within ten (10) working days after the pre-disciplinary hearing, the Department Director or Mayor will issue a decision on whether there are reasonable grounds to believe the charges against the employee are true and support the recommended disciplinary action. The Department Director or Mayor’s decision may include whether to accept the disciplinary recommendation, to impose lesser discipline, or to impose no discipline. Written notice of the decision shall be supplied to the employee. A longer review period may be required in more complex situations. Packet Page 319 of 369 65 Probationary employees who have not completed their orientation period with the City will not be eligible for a pre-disciplinary or pre-termination hearing, and may be terminated from employment with the City at any time during their orientation period. 11.5 LAYOFF The Mayor may lay off employees for lack of work, budgetary restrictions, reorganization or other changes that have taken place. In determining who is to be laid off, the Mayor reserves the right, within the budget parameters set by the Council, to determine the layoffs in a way which provides the best mix of skills and experience as needed to provide services by the City. Consideration will be given to the needs of the City, individual job classifications, individual job performance, and the qualifications required for the remaining jobs. Employees who are laid off may be eligible to be re-employed, if a vacancy occurs in a position for which they are qualified within a one year period. 11.6 RESIGNATION As a professional courtesy and in consideration of staffing needs, an employee should provide two (2) weeks notice of his/her resignation. The employee’s department head may waive this time limit; however employees must be aware that by not providing written notice they may in many cases reduce their sick leave pay out amounts upon termination, under applicable collective bargaining agreements. Once written notice of a resignation is submitted by the employee, the supervisor or Department Director will notify the Human Resources Office. Human Resources will contact the resigning employee to schedule an exit interview prior to the date of their resignation of employment. At the exit interview, the employee will be given information related to benefits and/or continuation of benefit options, and be expected to turn over any City issued property, including keys, ID badges and/or City credit cards. If any employee would also like to meet with the Mayor or Department Director to discuss their reasons for leaving employment with the City, they may do so at their option. The City may request that the employee work the entire notice period, or may have the employee discontinue working earlier, with full pay and benefits through the duration of the notice period, at the City’s sole discretion. Packet Page 320 of 369 66 CHAPTER XII RECOGNITION AND SUGGESTIONS 12.1 VALUE STATEMENT The City would like to show special recognition to employees who provide extraordinary achievement and contribution. To that end, the City encourages this through public recognition and reward. 12.2 RECOGNITION The City extends formal recognition each year for all regular employees whose work and dedication exceed expected standards. The formal recognition programs include the following: 1. Service Awards - Employees who have completed 10, 15, 20, 25, and 30 years of employment. 2. Employee of the Year - Employee who is selected by his or her peers as the individual who best exemplifies desirable qualities including service to the public, assistance to fellow workers, assumption of extra responsibilities, and/or dedication to the City and its goals. 3. Humanitarian of the Year - Employee who is selected by the Mayor as an individual who goes above and beyond the normal job duties as an exemplary worker and who best exemplifies desirable qualities including service to the public, assistance to fellow workers, assumption of extra responsibilities, and/or dedication to the City and its goals. 12.3 SUGGESTIONS It is the policy of the City to reward employees whose suggestions result in significant cost reductions, increased value of services, or greater efficiencies of time. Suggestion rewards are limited for creative/innovative changes, which are not performed within the scope of the employee's job description or for work already performed. The Mayor is authorized to pay awards based upon value of the suggestion. The Mayor may appoint a Suggestion Committee to review and investigate employee suggestions and make recommendations for an appropriate reward amount. Suggestion awards which exceed $250 shall be approved by the City Council and awarded in a public meeting. Packet Page 321 of 369 67 CHAPTER XIII SAFETY 13.1 VALUE STATEMENT The City recognizes that every job is too important to allow it to be done in an unsafe manner. Performing a job unsafely and placing self and coworkers in jeopardy of accidental injury or damage to property is unacceptable behavior, and grounds for disciplinary action. 13.2 GENERAL SAFETY Every employee has the right to a safe working environment. Every employee is responsible for maintaining a safe work environment and following their Department’s safety rules. Each employee shall promptly report all unsafe or potentially hazardous conditions to his/her supervisor. The City will make every effort to remedy problems as quickly as possible. 13.3 BLOODBORNE PATHOGENS Since being exposed to a bloodborne pathogen may lead to sicknesses such as hepatitis, HIV, or malaria, and since the City wants to provide our employees with a safe and healthy work environment, it is the policy of the City to comply with all statutory obligations for the prevention of exposure to bloodborne pathogens. Employees should familiarize themselves with the City's Exposure Control Plan and follow it at all times. Failure to comply with this Plan will result in discipline up to and including termination. 13.4 WORKPLACE VIOLENCE The City is committed to providing a safe workplace for its employees, guests, and the public. Threatened or actual workplace violence is strictly prohibited. This includes, but is not limited to, any of the following conduct occurring in or around the workplace, or otherwise related to employment: Threatening injury or damage against a person or property. Fighting or threatening to fight with another person. Threatening to use or the possession, custody, storage, or control of a weapon (an instrument or device of any kind which may be used to inflict bodily harm or injury, or to establish fear simply due to its presence on the scene) on Cit y premises including, but not limited to, buildings, offices, work areas, lounges, vehicles, parking lots, desks, cabinets, lockers, storage areas, and any other City owned property on which employees may work, unless the weapon is required to fulfill the employee’s job duties, such as those of a police officer. Pepper spray and similar devices maintained for personal protection are permissible, provided that employees are responsible for ensuring that such devices are secure while at work. Abusing or injuring another person. Abusing or damaging property. Using obscene or abusive language or gestures in a threatening manner. Raising voices in a threatening manner. Packet Page 322 of 369 68 Because of the potential for misunderstanding, joking about any of the above misconduct is also prohibited. Any employee who violates this policy will be subject to corrective or disciplinary action, up to and including termination. Employees should immediately report threats or incidents of workplace violence to their supervisor, Department Director, Human Resources, or the Mayor. If the act or altercation constitutes an emergency, CALL 911. The Police Department should be notified immediately in case of a threat of or the actual commission of a crime. In the event of imminent danger to persons or property, employees should take immediate action to safeguard themselves. At no time should employees place themselves in harm’s way to protect vehicles or property. Even without an actual threat of violence, employees should report any behavior they have witnessed which they may regard as a real or perceived threat of violence. Incident reports are to be completed, as appropriate. Department Directors and, in the case of criminal actions, City law enforcement are responsible for responding to and investigating potential or violent situations. Supervisors detecting situations where they believe an employee represents a workplace violence concern should contact their Department Director or to Human Resources prior to addressing a potential workplace violence situation. The specific circumstances applicable to the situation will determine the intervention and disciplinary approach to be taken. While the City has a strong commitment to customer service, employees are not expected to be subjected to verbal abuse or physical threats from the public. Rather, the employee should excuse him/herself and report the situation to a supervisor who will handle the situation from that point. Supervisors will discuss the situation with the appropriate Department Director and/or the City police personnel. If an employee has been served a protection or no contact order which would restrict his/her ability to perform his/her assigned duties or be at a City work location, the employee shall report the matter to his/her supervisor. The City will consider possible job modifications and the overall safety interests of the general workforce and the public when determining an appropriate course of action. 13.5 SAFETY COMMITTEES Each Department with employees that, because of job related duties are subjected to potentially hazardous conditions, shall have an Employee Safety Committee. The members of the Department Safety Committee shall be selected by their coworkers. They shall meet at least quarterly to review accidents and recommend corrective actions, investigate employee safety concerns and complaints, and recommend training and accident prevention programs. They shall keep minutes of their meetings. Packet Page 323 of 369 69 There shall also be a City Safety Committee, which shall be composed of a representative from each Department Committee and a representative from Human Resources. They should meet quarterly to review city wide safety issues and recommend corrective actions on unresolved safety problems. One designated member shall prepare minutes of their meetings, which will be maintained by the Human Resources Office. 13.6 ACCIDENTS In case of an accident involving a personal injury, regardless of how serious, employees shall immediately notify their supervisor, and complete the appropriate department accident report form. In case of vehicle accident, call 911 and request Police assistance. Employees should render aid to injured persons at the scene of an accident to the extent they have been trained to assist. In the event of an accident involving injury or damage to property, the employee(s) involved shall complete a City Accident Report as soon as reasonably possible following the accident. The Supervisor shall investigate the accident and complete the Supervisor’s Accident Report. Both reports shall be submitted to the Department Director and the Department Safety Committee. In the next City-wide Safety Committee meeting, the Committee shall review the reports and make recommendations for appropriate corrective actions. The Human Resources Office maintains accident Reports. 13.7 TRAINING At least one member of each crew working in the field is required to have a valid First Aid card. This requires recertification training every two years. 13.8 ACCIDENT PREVENTION PROGRAM Each Department must have a formal written accident prevention program tailored to its particular operations and hazards. This program must include a safety orientation program and a safety bulletin board. The safety orientation must inform employees of the following: how and when to report injuries and unsafe conditions and practices, the use and care of required personal protection equipment, actions to take in emergencies including exit routes and locations of first aid facilities, and on-the-job safety practices. Employees will also be provided the hazard communications guidelines supporting the Worker's Right to Know requirements, which provides instructional information on hazardous materials used in the workplace, proper labeling of chemicals used, and emergency procedures for the employee to use in the event of a hazardous exposure or spill. Workers will be provided with proper personal protective equipment while working with hazardous materials and are required to use such safety equipment. Each worksite must also have a designated Safety Bulletin Board for displaying safety bulletins, posters, accident statistic, and other safety educational materials. The Human Resources Office will maintain a comprehensive Accident Prevention Plan for the City. Packet Page 324 of 369 70 CHAPTER XIV COMPLAINT PROCEDURES 14.1 COMPLAINT PROCEDURES The City recognizes that sometimes situations arise in which employees feel that they have not been treated fairly or in accordance with City policies. For this reason the City provides employees with procedures for resolving complaints. Step 1: Employees should first try to resolve any problem or complaint with their supervisor. Step 2: When normal communication between an employee and the supervisor is not successful, or when an employee disagrees with the application of City policies and procedures, the employee should attempt to resolve the problem with his/her department head. The complaint must be filed within ten (10) working days of the occurrence leading to the complaint, or ten (10) working days after the employee becomes aware of the circumstances. The department head will usually respond to the employee [in writing] within five (5) days after meeting with him/her, if possible. Step 3: If the employee is not satisfied with the response from the department head, the employee may submit the problem, in writing, to the Mayor. The written complaint must contain, at a minimum: (1) A description of the problem; (2) A specific policy or procedure which the employee believes has been violated or misapplied; (3) The date of the circumstances leading to the complaint or the date when the employee first became aware of those circumstances; (4) The remedy sought by the employee to resolve the complaint. The written complaint must be filed within ten (10) working days from receipt of the department head’s response. The Mayor may meet with the parties, either individually or together, and will usually respond in writing to the aggrieved employee within ten (10) days of the meeting. The Mayor's response and decision shall be final and binding. Certain employees may have more than one source of dispute resolution rights, i.e., the City's Civil Service rules, a collective bargaining agreement, if any, and this complaint process. Employees represented by a bargaining unit or who are covered under civil service rules should follow grievance procedures set out in their respective labor Packet Page 325 of 369 71 contracts or civil service rules, where applicable. In all other cases, the procedures described in this section shall be used. Under no circumstances shall an employee have the right to utilize both this process and any other complaint or appeal procedure that may be available to an employee. Packet Page 326 of 369 72 APPENDIX A Information Services Acceptable Use Policy 1.0 Purpose This documents acceptable use of City of Edmonds Device and Systems Policy, and provides guidance for managing the use of electronic devices and systems by all departments, employees and users of City systems. 2.0 Background The City of Edmonds provides employees with a variety of devices, and technology systems such as telephones, voice mail, computers, facsimile machines, instant messaging, electronic bulletin boards, electronic mail (email) systems, cellular phones, wireless devices, Internet access, and social media. The City recognizes the importance of electronic devices and tools in accomplishing work in an efficient manner. Access to these systems provides rapid exchange of information that improves productivity. It is important, however, that these devices and systems be used in a manner which benefits the government and which is responsible to City taxpayers. The goal of this policy is to ensure economical, effective, and efficient management of communication systems and to ensure that employees use these systems in a professional manner that reflects positively upon the City. This policy establishes privileges and responsibilities for employees, and employees must agree to, and abide by this policy to utilize these systems. 3.0 Scope This policy applies to all employees, contractors, consultants, temporary employees, vendors and any others that are provided access to City of Edmonds communication systems, including those workers associated with any third parties who access these systems. Throughout this document, the word "employee" will be used to collectively refer to all such individuals. This policy also applies to all communications and data systems owned by and/or administered by the City of Edmonds both on and off City property. 4.0 Authority RCW 42.17 Public Disclosure RCW 40.14 Public Records Packet Page 327 of 369 73 5.0 Device & Systems Usage Policy The City of Edmonds provides access to the vast information resources available through communication devices and systems including, computers, servers, email, voice mail, bulletin boards, instant messaging, cell phones, telephones, wireless devices, tablets, and other telecommunications and information systems. These information resources are for use to help employees work better, faster and smarter, and be well-informed about effective business practices. The facilities to provide that access represent a considerable commitment of City resources. This usage policy is designed to help employees understand the City’s expectations for the use of those resources. First and foremost, the City’s supplied devices, software, and systems, are provided at significant cost. That means that the City expects these systems to be used for City business-related purposes: to accomplish tasks, communicate with customers, suppliers, and associates, to research relevant topics and obtain useful business information. With rare exceptions, these systems are not to be used for private purposes. Employees should have no expectation of personal privacy in using them. The City requires employees to conduct themselves honestly and appropriately in the use of the use of technology provided, and respect copyrights, software licensing rules, proprietary rights and prerogatives of others, just as in any other business dealings. To be absolutely clear on this point, all existing City policies apply to employees conducting business with these devices, software, and systems. This includes especially, but not exclusively, those that deal with intellectual property protection, misuse of City resources, harassment, including sexual harassment, information and data security, and confidentiality. Unnecessary or unauthorized device and system usage costs money, and causes network and server congestion. It slows other users, takes away from work time, consumes supplies, and ties up printers and other shared resources. Unlawful devices or systems usage may also garner negative publicity for the City and expose Edmonds to significant legal liabilities. Internet, postings, blogs, chat groups, social media, newsgroups, and email systems give each user an immense and unprecedented reach to propagate City messages and tell the City story. Because of that power the City must take special care to maintain the clarity, consistency and integrity of the City of Edmonds image and posture. Anything any one employee writes in the course of acting for the City on the communication systems can be interpreted as a formal representation of the City’s position. While the City’s use of these devices and connections to systems offer many potential benefits, it can also open the door to significant risks to our data and systems if employees do not follow appropriate security discipline. As presented in greater detail, that may mean preventing machines with sensitive data or applications from connecting Packet Page 328 of 369 74 to a communication system entirely, or it may mean that certain users must be prevented from using certain communication systems or their features, for example remote file access or file transfers. The overriding principle is that security is to be a primary concern of every user. Employees can be held accountable for any breaches of security or confidentiality. Certain terms in this policy should be understood expansively to include related concepts. Document Covers any kind of file, or stream of data, that can be stored, printed, read, or viewed. This would include files for browsers, desktop applications, such as word processing or desk-top publishing, and specialized software programs databases, GIS, and their viewers. Graphics Includes photographs, pictures, video, images, animations, movies, or drawings. Display Includes monitors, flat-panel active or passive matrix displays, monochrome LCDs, projectors, televisions, handheld screens and virtual-reality tools. Audio Includes any sounds, recordings and files containing sounds or voice. All employees provided or granted device, software or systems access will be provided a copy of this policy or a “link” to the policy where it may be viewed and/or printed. Any questions concerning the policy should be directed to the employee’s supervisor. If there is any portion of this policy that is not clearly understood by the employee, it is the employee’s responsibility to bring the question to the attention of their supervisor for clarification. 6.0 Detailed Policy Provisions 1. Management and Administration 1.1. The City of Edmonds has software and systems in place that can monitor and record all software and systems usage. Most systems such as electronic mail, facsimile transmissions, Internet traffic, and voice mail are technologies that create an electronic record. This is what separates these from other forms of communication such as a telephone conversation. An electronic record, like a paper record, is reproducible and therefore special care must be taken to avoid improper dissemination of protected or confidential information. Electronic records are subject to public disclosure laws to the same extent as are paper records. Electronic records may be inspected for audit or legitimate operational or management purposes. The City reserves the right to inspect any and all files stored in any areas of City systems in order to assure compliance with Packet Page 329 of 369 75 policy. Electronic records are to be kept, maintained, released, withheld, and destroyed only in accordance with the Public Disclosure Act (RCW 42.17) and the law governing preservation and destruction of public records (RCW 40.14). 1.2. The City’s security systems are capable of recording (for each and every user) each World Wide Web site visit, each chat newsgroup or email message, and each file transfer into and out of City systems, and other communications related information. The City reserves the right to monitor and record such uses at any time. No employee should have any expectation of personal privacy as to their communication systems usage or use of any software or hardware provided by the City. The City will review communication systems activity and analyze usage patterns, and may use this data to assure that City communication systems resources are devoted to maintaining the highest levels of productivity. 1.3. The creation or transmission of any kind of sexually explicit image or document on any City system is a violation of the City’s policy on sexual harassment (see Personnel Policies Section 2.4, Sexual Harassment Prohibited). Some images or documents do not apply to this policy, such as the legitimate needs of public safety agencies. In addition sexually explicit material may not be accessed, viewed, downloaded, archived, stored, distributed, edited or recorded using our network or communication systems. The City of Edmonds uses independently supplied software and data to identify inappropriate or sexually-explicit material. The City may block access to all such sites of which the City becomes aware. If an employee is inadvertently connected to a site that contains sexually explicit or offensive material, the employee must disconnect from that site immediately, regardless of whether that site had been previously deemed acceptable by any screening or rating program. 1.4. The creation or transmission of derogatory, inflammatory or harassing messages or content (including, without limitation, derogatory, inflammatory or harassing remarks about an individual's race, age, gender, disability, religion, national origin, marital status, military or honorably discharged veteran status, sexual orientation, including gender expression or identity, genetic information or any other protected characteristic) is a violation both of this policy and of the City’s Anti-Harassment Policy. 1.5. Use of City communication systems for solicitation of non-City business or for personal gain is prohibited. 1.6. The City of Edmonds communication systems and computing resources must not be used to violate the laws and regulations of the United States or any other nation or the laws and regulations of any county, city, province or other local jurisdiction in any material way. Use of any City resources for illegal activity is Packet Page 330 of 369 76 grounds for discipline, up to and including immediate dismissal and consistent with applicable law. The City will cooperate with legitimate law enforcement and regulatory agencies for logs, diaries and archives on employee activities. 1.7. Any software or files downloaded via the City’s devices, software, or systems into the City’s systems may be used only in ways that are consistent with their licenses or copyrights. 1.8. No employee may use City systems to knowingly download or distribute pirated software or data. Any file that is downloaded must be scanned for viruses before it is run or accessed. 1.9. No employee may use a City device, software, or its systems to deliberately propagate any viruses or other code harmful to City data or systems. 1.10. No employee may use City devices, software, or systems to knowingly disable or overload any computer system or network or to circumvent any security feature of the systems. 1.11. Each employee shall identify themselves honestly, accurately and completely (including City department and function where requested) when participating in authorized chats or newsgroups, or when setting up accounts on outside computer systems. 1.12. Only those employees or officials who are duly authorized to speak on behalf of the City to the media, to analysts or in public gatherings may speak/write in the name of the City to any electronic media, such as newsgroup, chat room, blog, or social media. Other employees may participate in electronic media in the course of business when authorized and relevant to their duties, and should be cautious to make it clear when they are expressing an individual opinion as opposed to establishing or representing the City’s position or policy on a matter. Where an individual participant is identified as an employee or agent of the City of Edmonds, the employee must refrain from political advocacy and must refrain from the unauthorized endorsement or appearance of endorsement by the City of any commercial product or service. 1.13. The City of Edmonds retains proprietary rights and the copyright to any material posted to any electronic media (including, without limitation, any social media, forum, newsgroup, chat room or World Wide Web) by any employee in the course of his or her duties with the City, unless otherwise provided by law. 1.14. Electronic transmission of protected or confidential City information is governed by the same rules and principles that govern paper transmittals. Protected or confidential City information may include, but is not limited to, certain financial data, personal data, certain proprietary information, security information, trade secrets, and any other material exempted from disclosure, or Packet Page 331 of 369 77 required to be held confidential by law and City policies and/or procedures. The unauthorized release of protected information - whether or not the release is inadvertent - may subject an employee to penalties or discipline under existing policies and procedures. 1.15. A wide variety of materials may be deemed offensive by colleagues, customers or business suppliers. Employees must be aware of this and not store, view, print or redistribute any document or graphic file that is not directly related to the user's job or City activities, or that is likely to be deemed offensive by a reasonable person. (Exception: Viewing of unsolicited material sent to the employee.) 1.16. Employees must understand that copyright, trademarks, libel, slander and public speech control laws of all jurisdictions in which the City conducts business apply to the City and its employees. Care must be taken so that the use of the communication systems does not inadvertently violate any laws which might be enforceable against the City. 1.16.1. Employees with device and communication systems access may only download software for direct business use, and they must arrange to have such software properly licensed and/or registered with Information Services. Downloaded software if subject to a license must be used only under the terms of its license. 1.16.2. Employees may not download entertainment software or games or play games with others over the communication systems. 1.16.3. Employees may not download audio, images or videos unless there is an explicit business-related use for the material and such downloading does not violate any copyright or licensing requirements. 1.17. Employees may not upload any software licensed to the City or data owned or licensed by the City without explicit authorization from the manager responsible for the system, software or data. 2. Technical 2.1. User identification (IDs) and passwords help maintain individual accountability for communication systems resource usage. However, the issuance of ID's and passwords is not intended to create any personal privacy rights. Any employee who obtains a password of or for a device or system resource must keep that password confidential, except for communication with authorized personnel. City policy prohibits the sharing of user IDs or passwords obtained for access to devices, software and systems. Employees shall not use the password or ID of another user, except in cases of job related necessity as Packet Page 332 of 369 78 approved by the Department Head. Employees shall not reveal the password or ID to an unauthorized person or entity. 2.2. Video and audio streaming and downloading technologies represent significant data traffic which cause local network congestion. Employees should schedule communications-intensive operations such as large file transfers, video or audio downloads, mass e-mailings and the like so as not to impact other users of the City’s systems. The preferred time for such transfers are the off peak hours between 6:00 PM and 7:00 AM Pacific time. 3. Security 3.1. The City has installed a variety of firewalls, application, network address screening programs and other security systems to assure the safety and security of systems. Any employee who attempts to disable, defeat or circumvent any security facility is subject to discipline up to and including dismissal and possible criminal prosecution. 3.2. Files containing confidential and/or protected data that are transferred in any way across communication systems must be protected. 3.3. Devices that use their own network to create an independent data connection can sidestep network security mechanisms. These independent connections to outside networks can be used by an attacker to compromise City software, systems and networks. Any device used for an independent network connection must be isolated from the City’s internal networks and approved in advance by Information Services. 3.4. Only those communication systems, services and functions with documented City business purpose will be enabled at the systems firewall. 4. Incidental use 4.1. De minimis use is an infrequent or occasional use that results in little or no actual cost to the City. An occasional brief local phone call, Internet access or email to make a medical or dental appointment is an allowable de minimis use of communications systems. The cost of a brief local phone call is negligible and need not interfere with job performance. 4.2. The proper stewardship of City resources, including funds, facilities, tools, property, and employees and their time, is a responsibility that all employees share. Accordingly, employees may not use devices, software, or systems for personal benefit or gain or for the benefit or gain of other individuals or outside organizations. Personal benefit or gain may include a use solely for personal convenience, or a use to avoid personal expense. Packet Page 333 of 369 79 4.3. Responsibility and accountability for the appropriate use of devices, software, or systems ultimately rests with the individual City official and City employee, or with the City official or City employee who authorizes such use. Employees and officials are cautioned that their own personal use of devices, software, or systems should never interfere with another City official or employee, or obligate another employee to make personal use of City resources. In addition, City employees have an affirmative duty to ensure that any personal use of devices, software, and systems is the most efficient in terms of time and resources. 4.4. Extensive or repeated personal misuse of City resources, including time, significantly undermines public trust in government. Nevertheless, a very limited personal use of City devices, software, and systems that supports organizational effectiveness would not undermine public trust and confidence. 4.5. Subject to restrictions elsewhere in this policy, a City official or employee may make an occasional, but limited, personal use of devices, software, or system resources only if each of the following conditions are met: 4.6. There is little or no cost to the City; 4.6.1. Any use is brief in duration, occurs infrequently, and is the most effective use of time or resources; 4.6.2. The use does not interfere with the performance of the officer's or employee's official duties; 4.6.3. The use does not disrupt or distract from the conduct of City business due to volume or frequency; 4.6.4. The use does not disrupt other City employees and does not obligate them to make a personal use of City resources; and 4.6.5. The use does not compromise the security or integrity of City property, information, or software. 4.7. The City Code, state and federal laws, strictly prohibit uses of taxpayer resources for private benefit or partisan political purposes. Any use of City resources to support such activity clearly undermines public confidence in government and reflects negatively on City employees generally. In compliance with these provisions, this policy explicitly prohibits, at all times and to any degree, the following private uses of devices, software, and systems and resources: 4.7.1. Any use for the purpose of conducting an outside business or private employment. Packet Page 334 of 369 80 4.7.2. Any use for the purpose of supporting, promoting the interests of, or soliciting for an outside organization or group, including, but not limited to: a private business, a nonprofit organization, political candidate, a political party, or a ballot issue (unless provided for by law, City code, or other policy). (Note: It is not intended to prohibit forwarding information related to United Way or other organizations related to city government such as the Association of Washington Cities (AWC)). 4.7.3. Any use for the purpose of assisting a campaign for election of a person to an office or for the promotion of or opposition to a ballot proposition. 4.7.4. Any use related to conduct that is prohibited by a federal or state law or rule, or a City code or policy; and 4.7.5. Any private use of any devices, software, or systems property that has been removed from City facilities or other official duty stations, even if there is no cost to the City. 4.8. The general ethics standard is that any use of devices, software, or systems resources other than for official business purposes needs to be brief in duration and frequency to ensure there is little or no cost and the use does not interfere with the performance of official duties. 5. Policy Changes; Other City of Edmonds Policies 5.1. The City of Edmonds Information Services may modify or revise its devices, software, and systems use policies (including these specific regulations) at any time, in its sole discretion. The City will notify the Union of any changes in policy that may affect wages, hours, or working conditions prior to implementation. Employees are required to comply with all such subsequent modifications or revisions. Modifications and/or revisions will be posted on a shared network resource, posted on City Web sites, distributed through email, staff meetings or other communication method. 5.2. These devices, software, and systems use policies are in addition to, and do not replace or supersede, any and all other policies promulgated by the City from time to time which are applicable to its employees (including general policies relating to misuse of City assets or resources, sexual harassment, unauthorized public speaking and misappropriation or theft of intellectual property). Misuse or inappropriate use of devices, software, or resources, in violation of these or any other City policy, may result in discipline, up to and including discharge. Packet Page 335 of 369 81 5.3. Violation of these policies may result in discipline, up to and including discharge, regardless of whether the particular section or paragraph refers to disciplinary action. 6. References: 6.2. Regulatory Codes of Washington (RCW) 42.52.160, 42.52.180, 42.17.190 6.3. Washington Administrative Code (WAC) 292-120-035 Packet Page 336 of 369 82 Appendix B Drug and Alcohol Testing Policies and Procedures Introduction: The City of Edmonds has adopted a substance abuse policy as part of the Personnel Policies that establishes that any employee may be required to submit to alcohol or controlled substance testing for reasons described in this policy. The City reserves the right to designate certain positions as “safety sensitive,” which may require pre-employment drug screening and random drug testing. Additionally, drug and alcohol testing policies and procedures are required by the U.S. Department of Transportation for employees who are required to have a Commercial Driver’s License (CDL) to perform their job. This document has three parts: 1) policies that apply to employees who are not required to have a CDL (non-CDL employees); 2) policies that apply to employees who are required to have a CDL; and 3) procedures applicable to all employees. PART I: POLICIES THAT APPLY TO ALL EMPLOYEES WHO ARE NOT REQUIRED TO HAVE A CDL (NON-CDL EMPLOYEES) Policy The City of Edmonds is committed to protecting the health, safety and well being of its employees and all individuals who come into contact with our employees and workplace. In addition, we strive to create and maintain a productive and efficient work environment in which all employees have an opportunity to thrive and be successful. Recognizing that drug and alcohol use and abuse can pose a serious threat to these goals, the City of Edmonds is committed to providing a drug and alcohol-free workplace for all of its employees. Definitions Drugs - For purposes of Part I of this policy, “drugs” refers to any illegal substance or controlled substance as defined by the federal Controlled Substances Act, taken without a valid prescription, including but not limited to: marijuana (THC), cocaine, opiates, synthetic opiates, phencyclidine (PCP), and amphetamines. Alcohol – “Alcohol” means ethyl alcohol, the intoxicating agent in alcoholic beverages, or other low molecular weight alcohols, including methyl or isopropyl alcohol. Medical Review Officer (MRO) - The Medical Review Officer is the licensed physician responsible for receiving and interpreting laboratory results from the urine drug tests. Reasonable Suspicion – Reasonable suspicion is based on specific personal observations that a City of Edmonds Human Resource representative or a supervisor can describe and document (using a Reasonable Suspicion Testing and Documentation Packet Page 337 of 369 83 Form) regarding an employee’s appearance, behavior, speech, breath odor, or other factors that indicate the employee may be under the influence of alcohol or drugs. Substance Abuse Professional (SAP) - A Substance Abuse Professional is a licensed physician, a licensed or certified psychologist, social worker, employee assistance professional, or addiction counselor (certified by the National Association of Alcoholism and Drug Abuse Counselors Certification Commission) with knowledge of and clinical experience in the diagnosis and treatment of alcohol and drug-related disorders. Drug and Alcohol Testing Tests The City of Edmonds may test any employee or applicant for drugs or alcohol as set forth in this policy. This includes urine drug testing and evidential breath alcohol testing. Alcohol and drug testing required by this policy is a mandatory condition of employment. Refusing to submit to such tests constitutes a violation of City policy and will result in termination of employment (or, for an applicant, withdrawal of the conditional job offer.) Reasonable Suspicion – Whenever a City of Edmonds Human Resource representative, or a supervisor has reasonable suspicion (described and documented using a Reasonable Suspicion Testing and Documentation Form) suggesting that the employee is under the influence of alcohol or drugs, the employee shall submit to a reasonable suspicion drug and/or alcohol test. Only supervisors who have been trained in detecting the symptoms of alcohol misuse or drug use and who have directly observed behaviors, appearance or physical symptoms can subject an employee to reasonable suspicion testing. Supervisors should complete a Documentation Form and, if possible, have the form signed by a witness. If a supervisor has reasonable suspicion to believe that an employee who is on duty, about to go on duty, or just completed duty is under any influence of drugs or alcohol, the supervisor will remove the employee from duty immediately. The employee will be advised of the reasons for reasonable suspicion and will be transported to the collection site by the supervisor for testing. If a reasonable suspicion alcohol test is not conducted within two hours of determination that it is necessary, the supervisor will prepare and maintain documentation of the reasons why it did not occur within that time frame. Post-Accident – An employee who is involved in an accident while driving a vehicle for City business will be required to submit to a drug and alcohol test if the accident results in (1) a fatality; (2) bodily injury to a person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident; or (3) one or more motor vehicles incurring disabling damage requiring the vehicle to be transported away from the scene by a tow truck or other vehicle. Packet Page 338 of 369 84 After an accident, employees are responsible for contacting their immediate supervisor or other management personnel. If the above conditions are met, the employee must make himself or herself available for post-accident testing as soon as possible. Post- accident testing for alcohol should occur within two hours if possible, but may not exceed eight hours. Testing for drugs should occur within 32 hours. An employee who does not comply with the post-accident testing will be considered to have refused testing and will be subject to disciplinary action. An employee in a post- accident situation should cooperate with law enforcement personnel investigating the scene. Supervisors are responsible for determining if the accident qualifies the driver for post- accident testing and should escort the employee to the collection site if possible. If an employee is unable to provide consent to testing due to their medical condition, the supervisor will document the reasons why the employee was not tested. If testing is not completed within the required time following an accident, the supervisor will document in writing why the tests were not administered. Return to Duty – Employees who have violated this policy but are allowed to return to work must test negative prior to being released for duty. A return-to-duty test following alcohol misuse may not exceed an alcohol concentration of 0.02. Follow Up – An employee who is referred for assistance related to alcohol misuse and/or use of drugs may be subject to unannounced follow-up testing for a period not to exceed twenty-four (24) months as directed by a Substance Abuse Professional. The number and frequency of follow-up testing will be determined by the Substance Abuse Professional, but will not be less than six (6) tests in the first twelve (12) months following the employee’s return to duty. PROHIBITED CONDUCT The City of Edmonds strictly prohibits the following: Reporting to work or remaining on duty under the influence of alcohol or drugs. Testing positive for alcohol or drugs. An alcohol concentration of 0.02 or higher is considered a positive test. The use, possession, manufacture, distribution, dispensing, transfer or trafficking of alcohol or drugs and their paraphernalia in any amount or any manner on City premises, in City vehicles, or while on duty at any time. Operating a City vehicle within four (4) hours after consuming any amount of alcohol. An on-call employee who consumes any amount of alcohol within four (4) hours of being called in must acknowledge the use of alcohol and may not report for duty. The unauthorized use or distribution of prescription drugs on City premises, in City vehicles, or while on duty at any time. Packet Page 339 of 369 85 The use of any legally obtained drug (prescription or over-the-counter) when such use adversely affects an employee’s job performance, their safety or the safety of others, or any combination thereof. Violations of this policy. Employees who are taking medically prescribed or over-the-counter drugs should notify their supervisor if the medication may cause a direct threat by impairing job performance of safety-sensitive functions. Employees are prohibited from distributing, possessing, or reporting to work under the influence of marijuana under all circumstances, including where the employee has a medical prescription or a medical marijuana green card. Any employee found in violation of the above stated prohibitions will be subject to disciplinary action up to and including termination. REFUSAL TO SUBMIT An employee may not refuse to submit to a post-accident, reasonable suspicion, or follow-up alcohol or drug test as directed by this policy. A refusal is treated as though the test, if taken, was positive. An employee may not tamper with, adulterate, alter, substitute or otherwise obstruct any testing process required under this policy. Tampering, adulteration, substitution, or other interference with the collection and testing process are considered a refusal to test. CONSEQUENCES OF ENGAGING IN PROHIBITED CONDUCT Employees are subject to disciplinary action up to and including termination (and as specified in the Personnel Policies) for violating this policy. All employees, regardless of disciplinary action, will be advised of resources available for assistance with drug or alcohol misuse. Employees who violate this policy but whose employment is not terminated will not be permitted to return to work unless the employee: 1. has been evaluated by a SAP; and 2. if recommended by a SAP, has properly followed any rehabilitation prescribed; and 3. has had a post-treatment evaluation by the original SAP and is released to return to work; and, 4. has a verified negative return-to-duty test. A return to duty test following alcohol misuse may not exceed an alcohol concentration of 0.02. Packet Page 340 of 369 86 An employee who successfully returns to work will be subject to follow-up random testing as recommended by the SAP with a minimum of six (6) such unscheduled tests within the first twelve (12) months of returning to duty. PART II: POLICIES THAT APPLY TO EMPLOYEES WITH COMMERCIAL DRIVER’S LICENSES Purpose The purpose of this part of this policy is to establish compliance with the Federal Motor Carriers Safety Administration regulations requiring drug and alcohol testing for Commercial Driver’s License holders. Regulations issued by the United States Department of Transportation mandate urine drug and evidential breath alcohol testing for employees in safety sensitive positions, including those who are required to hold certain Commercial Driver’s Licenses. These regulations may be found in 49 CFR Part 40 and Part 382 of the U.S. Code. This policy sets forth the City of Edmonds alcohol and drug testing program and the testing and reporting requirements as required by those regulations. Application Part II applies to all employees of the City who are required to have and maintain a Commercial Driver’s License in order to perform the duties of their job. Policy The City has a significant interest in the health and safety of its employees and the citizens of the City of Edmonds. In furtherance of that interest, it is the policy of the City to take those steps necessary to ensure that its employees perform their duties and responsibilities free of the influence of drugs and alcohol. Employees are encouraged to seek confidential counseling on problems associated with alcohol and drug abuse through the Employee Assistance Program. There will be mandatory drug and alcohol testing for employees and job applicants as outlined in this part of this policy. Definitions Commercial Vehicle - A commercial vehicle is one that either: 1) has a gross vehicle weight of over 26,000 pounds (including combined weight if towed unit weighs over 10,000 pounds); 2) is designed to transport 16 or more persons, including the driver; or 3) is used to transport hazardous materials. Driver - All employees whose positions may involve driving a commercial vehicle and which require the possession of a Commercial Driver’s License. Drugs - For the purposes of this policy, in accordance with the applicable federal regulations for Commercial Drivers License holders, “drugs” refers to the following five Packet Page 341 of 369 87 substances: marijuana (THC), cocaine, opiates, phencyclidine (PCP), and amphetamines. Nothing in this policy shall preclude the City from requesting testing for additional illegal or controlled substances taken without a valid prescription, including but not limited to synthetic opiates. Follow Up-An employee who is referred for assistance related to alcohol misuse and/or use of drugs may be subject to unannounced follow-up testing for a period not to exceed sixty (60) months as directed by a Substance Abuse Professional. The number and frequency of follow-up testing will be determined by the Substance Abuse Professional, but will not be less than six (6) tests in the first twelve (12) months following the employee’s return to duty. Medical Review Officer (MRO) - The Medical Review Officer is the licensed physician responsible for receiving and interpreting laboratory results from the urine drug tests. Pre-Employment – After receiving a conditional offer of employment, applicants whose position requires a CDL are required to submit to, and successfully pass, a drug test. Reasonable Suspicion – Reasonable suspicion is based on specific personal observations that a City of Edmonds Human Resource representative or a supervisor can describe and document (using a Reasonable Suspicion Testing and Documentation Form) regarding an employee’s current appearance, behavior, speech and breath odor or other factors that suggests the employee is under the influence of alcohol or drugs. Return to Duty-Employees who have violated this policy and who under the discipline policy are allowed to return to work, must test negative prior to being released for duty. A return to duty test following alcohol misuse may not exceed an alcohol concentration of 0.02. Safety Sensitive Position - For purposes of this part (Part II) of this policy, these are positions that require a Commercial Driver’s License. Substance Abuse Professional (SAP) - A Substance Abuse Professional is a licensed physician, or a licensed or certified psychologist, social worker, employee assistance professional, or addiction counselor (certified by the National Association of Alcoholism and Drug Abuse Counselors Certification Commission) with knowledge of and clinical experience in the diagnosis and treatment of alcohol and drug-related disorders. The SAP is responsible for evaluating employees with positive test results. Prohibited Conduct. The following conduct regarding alcohol and drug use or abuse is prohibited: A. Alcohol Packet Page 342 of 369 88 An employee may not report for or remain on duty requiring the performance of duties covered under this policy while having an alcohol concentration of 0.02 or greater. An employee may not possess or use alcohol while on duty or while operating a City vehicle. An employee may not operate a commercial vehicle within four (4) hours after consuming alcohol. An on-call employee who consumes alcohol within four (4) hours of being called in must acknowledge the use of alcohol and may not report for duty. B. Drugs Reporting for duty or remaining on duty when the employee has used a drug or drugs is strictly prohibited, as defined with these adopted policies. C. Use of Prescription Medication Except for medical marijuana, use of prescription medication or over-the-counter medication pursuant to instructions of a physician who has advised the employee that the substance does not adversely affect the employee’s ability to safely operate a commercial vehicle is not a violation of this policy. Employees who are taking a prescription or over-the-counter medication that may impair their ability to perform their duties safely and effectively must inform their supervisor and may be required to provide written notice from their physician or pharmacist with respect to the effects of such substances and their ability to safely and effectively perform their job. Employees are prohibited from distributing, possessing, or reporting to work under the influence of marijuana even if the employee has a medical marijuana prescription or medical marijuana green card. D. Refusal to Submit to a Required Test An employee may not refuse to submit to a post-accident, random, reasonable suspicion, or follow-up alcohol or drug test as directed by this part of this policy. A refusal is treated as though the test, if taken, was positive. E. Positive Drug Test An employee may not report for duty or remain on duty requiring the performance of duties covered under this policy if the employee tests positive for drugs or alcohol. F. Tampering with a Required Test An employee may not tamper with, adulterate, alter, substitute or otherwise obstruct any testing process required under this policy. Tampering, adulteration, substitution, or other interference with the collection and testing process are considered a refusal to test. Packet Page 343 of 369 89 Testing 1. Pre-employment Drug Testing All individuals who are covered by this part of this policy must pass a drug test as a post-offer condition of employment. 2. Reasonable Suspicion Testing Employees subject to this part of this policy shall submit to a drug and/or alcohol test when the City reasonably suspects that this policy may have been or is presently being violated. A referral for testing will be based on contemporaneous, articulated observations. Only supervisors who have been trained in detecting the symptoms of alcohol misuse or drug use and who have directly observed behaviors, appearance or physical symptoms can subject an employee to reasonable suspicion testing. Alcohol testing for reasonable suspicion may only be conducted just before, during or after an employee operates a commercial vehicle. If removed from duty based on reasonable suspicion of alcohol use and an alcohol test is not administered within eight hours, the employee will not be allowed to perform or continue to perform covered functions until: a) an alcohol test is administered and the driver’s breath alcohol concentration measures less than 0.02; or b) Twenty-four (24) hours have elapsed following the determination that there is reasonable suspicion to believe that the employee has violated this policy concerning the use of alcohol. 3. Post-Accident Testing All employees covered by Part II of this policy will be subject to post-accident testing if they are involved in an accident with a commercial vehicle on a public road or right-of-way which results in: a) A fatality OR b) The driver receives a citation under state or local law for a moving violation AND i. there is bodily injury to a person who, as a result of the injury, immediately receives medical treatment away from the scene OR ii. one or more motor vehicles incurs disabling damage requiring the vehicle to be transported away from the scene by a tow truck or other vehicle. Post-accident testing for alcohol should occur within two hours if possible, but may not exceed eight hours. Testing for drugs should occur within thirty-two (32) hours. Packet Page 344 of 369 90 After an accident, employees are responsible for contacting the immediate supervisor or other management personnel and remaining readily available for testing. An employee who does not comply with the post-accident testing will be considered to have refused testing and will be subject to disciplinary action. An employee in a post-accident situation should cooperate with law enforcement personnel investigating the scene. Supervisors are responsible for determining if the accident qualifies the driver for post-accident testing and should escort the employee to the collection site if possible. If an employee is unable to provide consent to testing due to a medical condition, the supervisor will document the reasons why the employee was not tested. If testing is not completed within the required time following an accident, the supervisor will document in writing why the tests were not administered. 4. Random Testing Employees covered by these procedures have been included in the AWC Drug and Alcohol Testing Consortium pool. This pool contains all eligible individuals from all of the consortium members. The pool database is managed by HealthForce Partners and is updated monthly as changes in personnel occur. The annual random testing rate required under federal regulations is fifty (50) percent of the pool of employees covered by this policy for drug testing and ten (10) percent of the pool for alcohol testing. This means that if the pool contains 1,000 members, there will be at least 500 random drug tests and at least 100 random alcohol tests conducted throughout the year. HealthForce Partners uses a software program to randomly select individuals for random testing on a monthly basis. Some individuals will be selected for drug testing and others will be selected for both drug and alcohol testing. Employees selected for random testing will be scheduled for a test by the Designated Employer Representative at some time during the month that th e name was selected. Employees selected for alcohol testing may only be tested just before, during or after driving a commercial vehicle. Employees will not be notified until just prior to the testing. Upon notification of selection for random testing, the employee will receive an Employee Notification of Scheduled Drug and/or Alcohol Test letter from the Designated Employer Representative. The employee will be asked to sign this letter and a Testing Consent form. The employee must present the Employee Notification of Scheduled Drug and/or Alcohol Test letter at the collection site along with picture identification at the time of testing. A copy of all of the forms will be retained by the City. Packet Page 345 of 369 91 After notification, the employee must proceed immediately and directly to the collection site for testing. If an employee scheduled for an alcohol test receives a confirmed test result with a breath alcohol level of 0.02 or above and is unaccompanied at the collection site, a supervisor will be called to the site to transport the employee. Refusing to submit to a test will be considered the same as a positive test result and will subject the employee to the same consequences as receiving a positive test result. 5. Return to Duty Testing Employees who have violated Part II of this policy, including those who have tested positive on a drug or alcohol test, and who are allowed to return to work, must test negative prior to being released for duty. A return to duty test following alcohol misuse may not exceed an alcohol concentration of 0.02. 6. Follow-up Testing An employee who is referred for assistance related to alcohol misuse and/or use of drugs is subject to unannounced follow-up testing for a period not to exceed sixty (60) months as directed by a Substance Abuse Professional. The number and frequency of follow-up testing will be determined by the Substance Abuse Professional, but will not be less than six (6) tests in the first twelve (12) months following the employee’s return to duty. 7. Split Sample Testing Employees who test positive for drugs may request a second test of the remaining portion of the split sample within 72 hours of notification of a positive test result by the Medical Review Officer. Refusal To Take An Alcohol Or Drug Test. No employee shall refuse to submit to an alcohol or drug test as directed under this policy. A refusal to submit shall include, but is not limited to: a. a failure to provide adequate breath for testing without a valid medical explanation; b. failure to provide adequate urine for drug testing without a valid medical explanation; c. engaging in conduct that obstructs the testing process; d. failure to appear for a test; e. failure to remain at the testing site until the testing process is completed; Packet Page 346 of 369 92 f. failure to permit the monitoring of the provision of a specimen as directed by the collector; g. failure to take a second test as directed by the collector; h. tampering with a urine sample; i. failure to complete all required forms and documents. Refusal to submit to a test shall be considered the same as a positive test result. Securing Information From Previous Employers. If a person is to be hired into a position subject to this part of this policy and during the previous two (2) years has worked as a driver of a commercial vehicle, that person must authorize a request of all employers of the driver within the past two (2) years to release information on the following: a. Positive alcohol or drug tests b. Refusal to be tested The City will make a good faith effort to obtain and review the information from prior employers within twenty-eight (28) days of the person performing safety sensitive duties for the first time. Applicants are directed to disclose to the City any positive federal drug tests taken for entities other than bona fide employers within the previous two years. If the City obtains information that indicates either a positive test or that a refusal to be tested occurred within the past two (2) years, that person will not be permitted to drive commercial vehicles unless subsequent information indicates that an evaluation by a Substance Abuse Professional (SAP) was made, return to duty testing was administered, and the individual remains in compliance with the return to duty provisions outlined by the original SAP. Confidentiality and Record Retention. All records related to drug and alcohol testing will be maintained in a secure location with controlled access. These records will be kept separate from records pertaining to all other employees. Consequences of Engaging in Prohibited Conduct or Positive Drug or Alcohol Tests. A. Discipline An employee will be subject to appropriate disciplinary action as specified in the Personnel Policies up to and including termination from employment if: Packet Page 347 of 369 93 1. the employee tests positive for a drug or drugs; 2. results from an alcohol test indicate a breath alcohol level of 0.04 or greater; and/or, 3. the employee has engaged in prohibited conduct as outlined in the Personnel Policies. All employees, regardless of disciplinary action taken, will be advised of resources available to the employee in evaluating or resolving problems associated with drug use or alcohol misuse. B. Positive Test Result and/or Engaging in Prohibited Conduct. The following provisions apply to employees who are not terminated for violating this policy: If an employee tests positive for drugs or has an alcohol test that indicates a breath alcohol level of 0.02 or greater from a random, reasonable suspicion or post- accident test, or engages in prohibited conduct as outlined in the Personnel Policies, the employee will be immediately removed from duties requiring the driving of a commercial vehicle. The employee will not be permitted to return to work unless he/she: 1. has been evaluated by a qualified Substance Abuse Professional; and, 2. if recommended by a Substance Abuse Professional, has properly followed any rehabilitation prescribed; and, 3. has had a post-treatment evaluation by the original SAP; and, 4. has a verified negative result on a return-to-duty alcohol (<0.02) and/or drug test. Upon completion of a recommended rehabilitation program and successful return to work, an employee will be subject to follow-up random testing for up to sixty (60) months as recommended by the Substance Abuse Professional, with a minimum of six (6) such unscheduled tests within the first twelve (12) months of returning to duty. Employee Assistance Program/Voluntary Referral. The City supports employees who voluntarily seek assistance with alcohol or drug abuse. Employees are encouraged to seek treatment voluntarily and to utilize the Employee Assistance Program described in Part III. Any employee who comes forth and notifies the City of alcohol or drug abuse problems will be given the assistance extended to employees with any other illness. Any such program, however, may not interfere with the tests required by these rules. For example, a driver may not identify himself/herself as unfit to drive after having been notified of a random or reasonable suspicion test and expect to avoid the consequences for a positive test or a refusal to Packet Page 348 of 369 94 test. In addition, voluntarily seeking assistance does not excuse any failure to comply with all of the provisions of this part of this policy or other policies of the City. Sick leave, vacation leave or leave of absence without pay may be granted for treatment and rehabilitation as with other illnesses. Insurance coverage for treatment will be provided to the extent of individual coverage. Confidentiality of information will be maintained as much as possible at all times. PART III: POLICIES APPLICABLE TO ALL EMPLOYEES RESOURCES A. Designated Employer Representative (DER) The Human Resources Manager has been designated by the City to answer questions about the program and program materials and may provide employees with resource materials or referral assistance. B. Employee Assistance Program The City offers an Employee Assistance Program (EAP) designed to assist employees and their families who are experiencing personal or job-related problems. The EAP is available to employees who need assistance in dealing with a substance abuse problem. Employees are encouraged to contact the EAP for assistance in early detection of substance abuse problems and referral for treatment programs. All EAP services are confidential and at no cost to the employee. Employees who would like information on benefits of the Employee Assistance Program should contact the Human Resources Department. C. Testing, Evaluation and Referral Services The City has joined the Association of Washington Cities (AWC) Drug and Alcohol Testing Consortium for the administration of this program. The AWC Consortium has contracted with HealthForce Partners to conduct the random testing services, provide the testing laboratory facilities, arrange the testing collection sites, and provide the Medical Review Officer (MRO) functions. The services of a Substance Abuse Professional (SAP) are also available for employees with positive test results. Drug and Alcohol Testing Collection Sites: CarePlus Medical Center 14330 Aurora Avenue N Shoreline, WA 98133 206.365.0220 Swedish/Stevens (after hours testing) PacLab Packet Page 349 of 369 95 21601 76th Ave. W. Edmonds, WA 98026 (425) 640-4179 Testing Laboratory, as approved by the US Substance Abuse & Mental Health Services Administration (SAMHSA): LabCorp 1229 Madison Street, Suite 500 Seattle, WA 98104 206.386.2661 Medical Review Officer Paragon MRO Kirby Griffin, MD 9370 SW Greenburg Rd. Ste 200 Portland, OR 97223 1-877-3225 Substance Abuse Professional Compsych 1.800.570.9315 Compsyc will refer caller to a Substance Abuse Professional in the local area. TESTING PROCEDURES A. Pre-Employment Testing Following a conditional offer of employment, prospective employees will be tested for the presence of drugs if being hired into a job requiring a CDL, or as determined by the City. Current employees who are transferring from a position that does not require a Commercial Driver’s License to a position that does require one, will be tested for the presence of drugs prior to performing duties that require driving or operating a commercial vehicle. A positive drug test result for an employment candidate will result in the City rescinding the conditional offer of employment. The individual will only be eligible to re-apply for a position covered by these procedures after six (6) months. Proof of compliance with USDOT return-to-duty regulations will be required. A positive drug test result for an employee seeking to transfer to a position requiring the driving of a commercial vehicle will result in denial of the transfer and the employee will be subject to discipline as described in the Drug and Alcohol Testing Policy. Packet Page 350 of 369 96 B. Random Testing C. After Hours Testing If the need for testing occurs outside of the normal hours of operation of the designated collection site, a supervisor or manager will be responsible for following the procedures established by HealthForce Partners for such occurrences. 8. Dilute Specimens If a test is reported to the City with a result of “Negative Dilute”, the City will require the employee to take another test immediately in the following circumstances: for pre-employment, return to duty, reasonable cause, and follow up. The result of the recollection shall become the official test of record. TESTING COSTS AND COMPENSATION A. Testing Costs 1. The City will pay for the following alcohol and or initial drug tests: a. Random testing b. Reasonable suspicion testing c. Post-accident testing d. Pre-employment e. Follow-up testing f. Return to duty testing 2. Employees are responsible for the costs associated with the following tests: a. Split sample re-tests made at the employee’s request Split sample testing will be initiated by the MRO immediately upon the request of the donor without regard to which party will ultimately be responsible for payment. However, the City will pursue reimbursement from the donor if the split test reconfirms the original positive result. 3. Substance Abuse Professional and rehabilitation costs will be the responsibility of the employee. B. Pay Status 1. For Time Spent Testing Employees will be compensated for time spent to report to the testing facility and be tested for the following alcohol and/or initial drug tests: a. Random testing b. Reasonable suspicion testing c. Post-accident testing Packet Page 351 of 369 97 e. Follow-up testing 2. Waiting for Results Employees who have been asked to submit to a reasonable suspicion drug test will be placed on paid leave pending the outcome of the test results. Such employees are eligible to use accrued vacation or sick leave during this time. If the test result is negative, the time will be paid and any sick or vacation leave used will be credited. 3. Waiting to Return to Duty An employee who receives a positive drug test or who tests 0.02 or greater on an alcohol test is not allowed to return to work until all of the applicable requirements are met as outlined in the above policies. Such employee may use accrued vacation or sick leave during this absence. TESTING METHODS A. Drug Testing Drug testing requires donors to provide a urine specimen of at least 45 ml to be tested. The specimen will be sent to LabCorp, a laboratory certified by the Substance Abuse and Mental Health Services Administration (SAMSHA) to conduct screening and confirmation tests according to the protocols identified in the Department of Transportation Rules. All test results will be reviewed by the Medical Review Officer (MRO). B. Alcohol Testing Alcohol testing will be conducted using an approved evidential breath testing (EBT) device operated by a trained breath alcohol technician (BAT) at the collection site. TRAINING AND EDUCATION The City will provide all affected employees with copies of the Drug and Alcohol Testing Policy and other information as may be required by the federal regulations. Each employee must sign a receipt upon having been provided the above referenced information. Managers and supervisors designated to determine whether reasonable suspicion exists to require an employee to undergo alcohol or drug testing will receive at least sixty (60) minutes of training on alcohol and sixty (60) additional minutes of training on drug abuse. The training will cover the physical, behavioral, speech and performance indicators of probable alcohol misuse and use of controlled substances. Packet Page 352 of 369 98 POLICY MODIFICATIONS The City reserves the right to amend this policy as required by changes to Federal law, State law, accepted industry practice, or for minor administrative modifications. Employees will be notified in writing of any changes made that affect them. A current copy of this policy will be kept in the office of the Drug Enforcement Representative and is to be incorporated as Appendix B to the City of Edmonds Personnel Policies. Packet Page 353 of 369 99 APPENDIX C RECEIPT OF PERSONNEL POLICIES All employees should read the following; then sign, date and return the form to Human Resources Office. The form will be placed in the employee's personnel file. Enclosed are the City of Edmonds Personnel Policies. These policies supersede any prior oral or written statements of the City’s Personnel PoliciesIt is your responsibility to read these policies, as they will acquaint you with your employee benefits, our personnel practices and rules, and some organizational philosophy. It is important to understand that these policies do not create an employment contract or a guarantee of employment of any specific duration between the City and its employees. Although we hope that your employment relationship with us will be long term, we recognize that at times things do not always work out as hoped, and either of us may decide to terminate the employment relationship. Unless specific rights are granted to you in employment contracts, civil service rules, or elsewhere, all employees of the City are considered at- will employees and may be terminated from City employment at any time, with or without cause and with or without notice. As the City grows and changes, personnel policies may change. The City, therefore, reserves the right to revise, supplement, clarify or rescind any policy or portion of a policy when deemed appropriate by the Mayor. Please refer to the on-line version or contact Human Resources for the most up-to-date version. Please also understand that no supervisor, manager or representative of the City other than the Mayor has the authority to make any written or verbal statements or representations which are inconsistent with these policies. The City, as the employer, reserves the right to deduct from an employee’s final paycheck and/or accrued benefits of any amounts advanced to an employee that remains unearned when his or her employment with the City ends. If you have any questions about these policies or any other policies of the City, please feel free to ask your supervisor, department head or the Mayor. Your signature below signifies you have received and understand the information stated above. ______________________________ Employee Signature ______________________________ Employee Printed Name ____________________Date Packet Page 354 of 369 Non-represented Compensation Policy December 4, 2012 1 FINAL December 4, 2012 PERSONNEL POLICY NON-REPRESENTED EMPLOYEE COMPENSATION The City’s non-represented compensation policy strives to maintain equity, by offering competitive salaries and benefits in order to attract and retain high quality staff and an effective work force. It is the policy of the City for the classification and compensation plan to provide salaries that compare favorably with other similar cities in the region for comparable jobs, and within budget limitations. It is also the policy of the City to strive to maintain salaries that are internally equitable, in proper relationship to all other jobs within the City, within reasonable budget parameters. SALARY RANGE PROGRESSION Salary ranges for non-represented positions will have a 35% spread from the bottom to the top of each salary range, and will include a seven-step scale with 5% between each of the steps. All new employees will generally be hired at the first step of their salary range; however, an entry level rate of pay above the minimum may be offered to an applicant whose education and experience exceed the minimum qualifications for the classification, or when external labor market pay practices impact recruitment. Initial step placement at higher than Step 3 of the salary range is subject to approval by the Mayor prior to the offer of employment. Employees are advanced to the next salary step increment after satisfactorily completing the first six months of probation. After this, employees advance to the next step in the salary range on the January following their anniversary date and each succeeding January after a concurrent satisfactory performance evaluation has been completed by their supervisor, until reaching the maximum step. An employee who fails to achieve at least a satisfactory overall rating on their annual performance evaluation shall not be eligible for a step increase until their next performance evaluation rating period. In the event of promotion of a non-represented employee to another non-represented job classification in a higher salary range, the employee will be placed on the first step of the new salary range or the lowest step in the new range that results in an increase to their current salary. After this, the employee would follow the salary range progression described above for new employees. To ensure internal equity, employees promoted from a represented position to a non- represented position in a higher pay range, will be placed on the first step of the new salary range, or the lowest step in the new range that results in an increase to their current salary, including consideration of other cash compensation being received in the former position. After this, the employee would follow the salary range progression described above for new employees. Packet Page 355 of 369 Non-represented Compensation Policy December 4, 2012 2 In the event of a lateral placement of a non-represented employee to another non-represented job classification in the same pay range, the employee will not receive a salary increase. ANNUAL SALARY ADJUSTMENTS The Mayor will recommend the adjustment of salary ranges for non-represented employees to the City Council for approval as part of the budget process, effective January 1 of each year. The Mayor’s recommendation will take into consideration the average adjustment negotiated and approved for represented employee groups. Each employee will maintain the same step within the newly approved salary range that they held prior to the adjustment. In addition, the City will attempt to mitigate compression issues as they arise. The Mayor will make appropriate and timely recommendations to City Council to maintain internal equity and prevent compression issues. MARKET ANALYSIS The Human Resources Department will conduct compensation surveys for each non- represented benchmark position no later than September 1, every three years. The following criteria will be used for determining which cities are comparable for the purposes of analyzing and comparing compensation (“Qualified Comparable Cities”): Comparable cities must be located in Snohomish, King, Pierce, Thurston, or Kitsap counties; and Comparable cities will include all cities with a population that is no more than 10,000 over or no more than 10,000 under the population of the City of Edmonds according to the most recent population figures published by the Washington State Office of Financial Management or a similar successor government agency; and The application of the above criteria will be utilized to select a minimum of eight agencies that are closest in population to the City of Edmonds. If this process yields fewer than eight comparable cities (not counting Edmonds) for analysis during a particular year, additional cities shall be selected for analysis by adding an additional city or cities, up to eight, with agencies that are outside the 10,000 over /under criteria, but that are the next closest in population to the City of Edmonds, with the goal of having 50% of the cities with a higher population and 50% with a lower population than Edmonds. Additionally, private sector data will be gathered and considered where it is a significant factor in the City’s competitiveness. Benchmark positions are those which are assigned clearly recognizable work at a well-defined level of responsibility, and for which comparable classifications are easily identified to ensure that sufficient data can be collected. Classifications that are selected as comparable for survey purposes must match the benchmark position by 80% in level of work and responsibility. Salaries for comparable positions that are not a complete match may be leveled up or down by a maximum of 20%, to adjust for differences in the level or scope of responsibility in work duties. Packet Page 356 of 369 Non-represented Compensation Policy December 4, 2012 3 Non-benchmark classifications (those for which there are not adequate comparable classifications) will be indexed to a corresponding City benchmark position, which is comparable in required qualifications, scope of work, and level of responsibility. Salary ranges for benchmarks will be determined by using the prevailing rates in the identified comparator cities. The City will be competitive within the defined market, but will not assume the position of a lead pay policy compared to the market; therefore the median or 50th percentile of the mid-range of salary data collected will be used to determine competitiveness. Every three years, based upon the survey data, the Mayor will recommend salary range market adjustments for non-represented positions to City Council. The Mayor will consider the following criteria in developing the recommendation: 1. Maintain the mid-point of each salary range between 5% high/low of the mid-point of the comparator city median. 2 Positions requiring adjustment will be assigned to the new salary range within the salary range table that places the position closest to the comparator city median. 3. Any employee whose actual salary falls below the newly adopted pay range minimum, shall be adjusted up to the new minimum upon adoption of the new pay ranges. 4. Any employee whose actual salary exceeds the top of the approved salary range, will have their salary frozen until such time that market rates support pay range adjustment for their job classification. EXTERNAL/INTERNAL EQUITY To be more competitive in the market place, the City will provide non-represented employees who are ineligible for compensatory time with 24 hours of Management Leave annually. Management Leave will have no cash-out value and will not be carried over at the end of the calendar year. Packet Page 357 of 369    AM-5295     12. C.              City Council Meeting and Committee Meetings Meeting Date:12/11/2012 Time:10 Minutes   Submitted By:James Lawless Department:Police Department Committee: Public Safety, Personnel Type: Action Information Subject Title Supplemental Agreement No. 1 to Animal Kenneling Services Agreement Recommendation Staff recommends that the Committee forward the supplemental agreement to full Council for approval via consent agenda. Previous Council Action N/A Narrative For over 15 years, Adix's Bed and Bath for Dogs and Cats, Inc. has provided animal kenneling services for the City of Edmonds.  The current agreement between Adix and the City is set to expire on December 31, 2012.  Given the current and on-going economic uncertainty being experienced by the City, Adix has agreed to extend the current agreement (via supplemental agreement) by one (1)  calendar year, with the rates for services remaining unchanged through 2013, resulting in no increase in fees for 2013.  All other terms of the current agreement remain unchanged.   The supplemental agreement has been prepared, reviewed and approved as to form by the City Attorney's Office. The current agreement and the supplemental agreement are attached. Attachments Animal Kenneling Services Agreement Supplemental Agreement No 1 to Animal Kenneling Services Agreement Form Review Inbox Reviewed By Date City Clerk Sandy Chase 12/04/2012 09:19 AM Mayor Dave Earling 12/04/2012 09:30 AM Finalize for Agenda Sandy Chase 12/05/2012 02:08 PM Form Started By: James Lawless Started On: 11/28/2012 08:46 AM Final Approval Date: 12/05/2012  Packet Page 358 of 369 Packet Page 359 of 369 Packet Page 360 of 369 Packet Page 361 of 369 Packet Page 362 of 369 Packet Page 363 of 369 Packet Page 364 of 369 Packet Page 365 of 369 Packet Page 366 of 369 Packet Page 367 of 369 Original Contract No. Supplemental Agreement 1 No. SUPPLEMENTAL AGREEMENT NO. 1 TO ANIMAL KENNELING SERVICES AGREEMENT WHEREAS, the City of Edmonds, Washington, hereinafter referred to as the “City”, and Adix’s Bed and Bath for Dogs and Cats, Inc., hereinafter referred to as the “Contractor”, entered into an underlying agreement for the provision of animal kenneling services, dated January 1, 2010; and WHEREAS, the parties have agreed to extend the term of the underlying agreement for one year on the same terms as are set forth in the underlying agreement; NOW, THEREFORE, In consideration of the mutual benefits accruing, it is agreed by and between the parties thereto as follows: 1. The underlying Animal Kenneling Services Agreement of January 1, 2010 between the parties, incorporated by this reference as fully as if herein set forth, is amended in, but only in, the following respects: Term of Agreement. The term of the underlying agreement shall be extended for one year, from January 1, 2013 through December 31, 2013. The rates for services previously established by the parties for the 2012 calendar year shall continue unchanged through 2013. 2. In all other respects, the underlying agreement between the parties shall remain in full force and effect, amended as set forth herein, but only as set forth herein. DONE this day of , 2012. CITY OF EDMONDS ADIX’S BED AND BATH FOR DOGS AND CATS, INC. By: By: David O. Earling, Mayor Title: ATTEST/AUTHENTICATED: Sandra S. Chase, City Clerk Packet Page 368 of 369 APPROVED AS TO FORM: Office of the City Attorney STATE OF WASHINGTON ) )ss COUNTY OF ) On this day of , 2012, before me, the under-signed, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared , to me known to be the of the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. WITNESS my hand and official seal hereto affixed the day and year first above written. NOTARY PUBLIC My commission expires: Packet Page 369 of 369