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2014.04.08 CC Committee Meeting Agenda Packet              AGENDA EDMONDS CITY COUNCIL Council Chambers ~ Public Safety Complex 250 5th Avenue North, Edmonds _____________________________________________ City Council Committee Meetings April 8, 2014 6:00 P.M.   The City Council Committee meetings are work sessions for the City Council and staff. Members of the public are welcome to observe the meeting, but public participation is limited to making comments at the end of the meeting with a 3 minute limit per person.             1.Finance Committee Meeting Location:  Jury Meeting Room   A.(15 Minutes)An Ordinance of the City of Edmonds, Washington, amending Edmonds City Code Chapter 3.75 relating to the Edmonds Downtown Business Improvement District Adding Section 3.75.075 to create an exemption for new businesses, amending Section 3.75.080 to amend the delinquent payment procedure, and fixing a time when the same shall become effective.     B.(10 Minutes)Discussion regarding the reporting/disclosures of lawsuits and settlements.   C.(10 Minutes)Human Resources Department Reorganization   D.(10 Minutes)Acting Development Services Director assignment.   E.(10 Minutes)2014 February Budgetary Financial Report   F.(15 Minutes)Continued discussion regarding cost to have the minutes of the Public Safety/Personnel and Parks, Planning, and Public Works taped and transcribed.   G.(5 Minutes)Application for a Concession Agreement between the City of Edmonds and Dean Parmenter/Hot Diggity Dog.   H.(10 Minutes)Public comments (3-minute limit per person)   2.Parks, Planning & Public Works Committee Meeting Location:  Council Chambers   A.(10 Minutes)Heritage Tree Program   B.(10 Minutes)Alliance for Housing Affordability Interlocal Agreement for 2014-2015       Packet Page 1 of 383 B.(10 Minutes)Alliance for Housing Affordability Interlocal Agreement for 2014-2015   C.(5 Minutes)Authorization for Mayor to sign Supplemental Agreement with Perteet for the 228th St. SW Corridor Improvement project   D.(5 Minutes)Authorizing Resolution for RCO grant for Civic Center   E.(5 Minutes)Quarterly Public Works Project Report   F.(5 Minutes)Authorization for Mayor to sign Supplemental Agreement with David Evans and Associates for engineering support services for the Five Corners Roundabout Project   G.(5 Minutes)Authorization for Mayor to sign a Snohomish County Community Development Block Grant (CDBG) Contract for ADA Upgrades for the 3rd Ave Curb Ramp Replacement Project       H.(5 Minutes)Authorization to award a construction contract for the Sanitary Sewer Replacement Project   I.(5 Minutes)Report on Bids opened April 1, 2014 for the Five Corners Roundabout Project and award of contract.   J.(5 Minutes)Authorization for Mayor to sign a Professional Services Agreement with The Blueline Group for Capital Projects Construction Management, Engineering & Inspection Services   K.(5 Minutes)Annual Special Event Contracts   L.(5 Minutes)Update on Cultural Heritage Tour grant project.   M.(5 Minutes)76th Ave. W at 212th St. SW Intersection Improvements project Update   N.(5 Minutes)Amendment to the 2014-2019 Six-Year Transportation Improvement Program to add the 76th Ave. W re-striping project from 220 th St. SW to Olympic View Dr.   O.(5 Minutes)Request authorization to award the construction contract for the Wastewater Treatment Plant Interior Improvements Project to Tec Construction Inc.    P.(5 Minutes)Control System Upgrade - Equipment Purchase Authorization   Q.(5 Minutes)Control System Upgrade - Request approval for Mayor to sign a Professional Services Contract with Parametrix, Inc.   R.(5 Minutes)Council acceptance of a 40-foot street dedication (243rd Pl W) and 15-foot public sanitary sewer easement and authorization for Mayor to sign face of plat documents.    S.(5 Minutes)FAC Equipment Surplus   T.(10 Minutes)Public comments (3-minute limit per person)   3.Public Safety and Personnel Committee Meeting Location:  Police Training Room   A.(10 Minutes)Human Resources Department Reorganization   B.(10 Minutes)Acting Development Services Director assignment.   C.(15 Minutes)Citizen Commission code amendments   D.(5 Minutes)Petroleum transport by rail through Edmonds   E.(10 Minutes)Public comments (3-minute limit per person)       Packet Page 2 of 383 E.(10 Minutes)Public comments (3-minute limit per person)         Packet Page 3 of 383    AM-6746     1. A.              City Council Committee Meetings Meeting Date:04/08/2014 Time:15 Minutes   Submitted For:Stephen Clifton Submitted By:Stephen Clifton Department:Community Services Committee: Finance Type: Potential Action Information Subject Title An Ordinance of the City of Edmonds, Washington, amending Edmonds City Code Chapter 3.75 relating to the Edmonds Downtown Business Improvement District Adding Section 3.75.075 to create an exemption for new businesses, amending Section 3.75.080 to amend the delinquent payment procedure, and fixing a time when the same shall become effective.   Recommendation The Edmonds Downtown Business Improvement District Interim Members Advisory Board is requesting the City Council consider and approve the attached draft ordinance which if approved, would amend Edmonds City Code Chapter 3.75 relating to the Edmonds Downtown Business Improvement District adding Section 3.75.075 to create an exemption for new businesses, and amend Section 3.75.080 to amend the delinquent payment procedure. Previous Council Action November 13, 2012 - The City Council Finance Committee expressed support for, and recommended the City Council approve, a resolution initiating a proposal for a business improvement district within a portion of the City of Edmonds. November 27, 2012 - The City Council voted to approve a resolution initiating a proposal for a business improvement district within a portion of the City of Edmonds (see attached). December 18, 2012 - The City Council voted to approve a resolution declaring the City's intent to establish a business improvement district within a portion of the City of Edmonds and setting the public hearing date for January 15, 2013 (see attached). January 15, 2013 - The City Council voted to approve Ordinance 3909 establishing a business improvement district within a portion of the City of Edmonds. March 12, 2013 - The City Council confirmed the appointment of eleven Edmonds Downtown Business Improvement District Interim Members Advisory Board members. March 12, 2013 - The City Council approved Ordinance 3914 amending Edmonds City Code 3.75.120 relating to bringing consistency between the timelines established for preparing bylaws/policy guidelines and a work program/budget for year 2013. June 11, 2013 - The City Council Finance Committee recommended that this item be placed on the City Council agenda as a 30 minute item.  During the June 25, 2013 City Council meeting, members of the Edmonds Downtown Business Improvement District (EDBID) Interim Members Advisory Board will present information on proposed EDBID work program and budget for year 2013 in addition to bylaws.  A question and answer session may follow. June 25, 2013 - The City Council approved Edmonds Downtown Business Improvement District Year 2013 Work Program and Budget.   June 25, 2013 - The City Council approved Ordinance 3929 - Amending ECC Section 3.75.060, 3.75.070, 3.75.080, 3.75.090 and 3.75.100 clarifying terminology within these code sections. July 23, 2013 - The City Council approved Edmonds Downtown Business Improvement District Bylaws. August 6, 2013 - The City Council approved Ordinance 3941 amending Edmonds City Code Section 3.75.120 changing the date that recommended annual work programs and budgets be submitted to the City Council each year from September 1st to October 1, unless otherwise agreed to by the City Council. The Edmonds Business Business Improvement District Interim Advisory Board requested a submittal date of October 31, 2013 for submitting a work program and budget for year 2014. November 19, 2013 - The City Council approved the Edmonds Downtown Business Improvement District Work Program and Budget for Year 2014. Narrative Exemption from Paying BID Assessments for New Businesses Edmonds City Code (ECC)  Section 3.75.020 requires that the owners and operators of businesses (collectively, “members”) in the EDBID shall pay and be subject to a special assessment.  Section 3.75.070 requires that Edmonds Downtown Business Improvement District (EDBID) assessments be paid and collected on a quarterly basis; provided, that members may opt to pay the full yearly assessment at the time of the billing for the first quarter.  This being said, the Revised Code of Washington Section 35.87A.170, Exemption Period for New Businesses and Projects, states “Businesses or multifamily residential or mixed-use projects established after the creation of an area within the area may be exempted from the special assessments imposed pursuant to this chapter for a period not exceeding one year from the date they commenced business in the area”. NOTE:  RCW 35.87A.170 grants cities the discretion to create an exemption for new businesses, and additionally granted discretion regarding how long the exemption period may last up to one year.  The legislature chose to use the directive language “may” in section .170, as opposed to mandatory “shall” language.  As a result, the inclusion of an exemption period for new businesses is allowed, but not required, by the RCW.    In response to a request by an EDBID member to consider granting an exemption of required assessments for new businesses for a period of one-year, the EDBID Interim Members Advisory Board discussed this topic during recent EDBID board meetings.  On March 27, 2014, the board expressed 1) a desire to help new businesses succeed by creating a more welcoming environment for business owners, and 2) support for granting an exemption of required assessments for a period of one year for all new businesses starting from the date a business license is approved by the City of Edmonds.  They asked City staff to forward a recommendation to the full City Council to consider granting an exemption.  As such, City staff  worked with the City Attorney to prepare Attachment #1 which includes a draft ordinance amending Edmonds City Code Section 3.75 where if approved by the City Council, would grant the requested exemption for new business owners. Clarification of How to Process Delinquent Payments  Edmonds City Code Section 3.75.070 states ”Assessments shall be paid and collected on a quarterly basis; provided, that members may opt to pay the full yearly assessment at the time of the billing for the first quarter”. Section 3.75.080 states “If the assessment is not paid within 60 days after its due date, a delinquency charge shall be added and calculated at an interest rate of 12 percent per annum of the due amount. The finance director is authorized to use a city of Edmonds approved collection agency to collect any unpaid assessments. Use of a collection agency will result in a business paying the agency’s fee on top of the amount of the BID assessment plus delinquency charges.” Although the City’s finance director is authorized to use a collection agency, there is no specific timeframe referenced as to when the Finance Director should actually send unpaid Packet Page 4 of 383 assessments to a collection agency after the currently established 60 day period. The EDBID Interim Members Advisory Board has discussed this issue recently and recommends that a specific timeframe be established in order to provide guidance for the finance director and consistency as it relates to collecting unpaid assessments. After much discussion, EDBID Board members are recommending that only after an EDBID member is delinquent for three quarters of assessments should the City’s Finance Director initiate collection proceedings for that member.  Additionally, collection proceedings should include a 30-day notification to the member prior to assignment of delinquent assessments to a collection agency for collection. The attached draft ordinance amends ECC Section 3.75.080 of the Edmonds City Code to reflect this recommended change. EDBID Background Business Improvement Districts (BIDs), also known as Business Improvement Areas (BIAs), are designed to aid general economic development and to facilitate merchant and service business cooperation. A BID is a local self-help funding mechanism that allows businesses and/or property owners within a defined area to establish a special assessment district. In Washington State, BIDs are authorized by statute, i.e., the Revised Code Washington. More specifically, the above referenced funding mechanism is an assessment collected from businesses and/or properties within defined geographic boundaries where BID sponsored/supported activities are financed through a special assessment. There are many reasons to create a BID. The most common motivations are that BIDs are conceived, designed, and managed locally by those who are paying the assessments, and everyone in the district will contribute toward funding BID activities. In other words, business owners pool their money to do things they want to do and that are best done collectively. Funds collected are used to provide services for the mutual benefit of businesses and/or properties being assessed and can be used to provide marketing, public area maintenance, security, parking, streetscape improvements, and professional management/services. Each BID typically has a member advisory board made up of members within the BID boundary. The concept of business district management funded through business community supported assessments has been around for many years and gained wide popularity during the 1990s. Under one name or another, well over 1,000 such districts exist throughout the United States, with many more in Canada and throughout the world (Business Improvement Districts in the United States - Rutgers University, 2011). In Washington State, Parking and/or Business Improvement Districts/Areas exist in Olympia, Poulsbo, Richland, Seattle (eight currently active), Spokane, Tacoma, Yakima, Auburn, Everett, Burien and Port Angeles; the City of Longview is currently in the process of working to create a BID. January 15, 2013 City Council meeting link (Agenda Item #4): http://agenda.ci.edmonds.wa.us/agenda_publish.cfm?mt=ALL&get_month=1&get_year=2013&dsp=ag&seq=767 March 12, 2013 City Council meeting link (Agenda Item #5): http://agenda.ci.edmonds.wa.us/agenda_publish.cfm?mt=ALL&get_month=3&get_year=2013&dsp=ag&seq=795 June 25, 2013 City Council meeting link (Agenda Item #12): http://agenda.ci.edmonds.wa.us/agenda_publish.cfm?mt=ALL&get_month=6&get_year=2013&dsp=ag&seq=831 July 23, 2013 City Council meeting link (Agenda Item #7): http://agenda.ci.edmonds.wa.us/agenda_publish.cfm?mt=ALL&get_month=7&get_year=2013&dsp=ag&seq=849 August 6, 2013 City Council meeting link (Agenda Item #6): http://agenda.ci.edmonds.wa.us/agenda_publish.cfm?mt=ALL&get_month=8&get_year=2013&dsp=ag&seq=854 November 13, 2013 City Council meeting link (Agenda Item #6):  http://agenda.ci.edmonds.wa.us/agenda_publish.cfm?mt=ALL&get_month=11&get_year=2013&dsp=agm&seq=6320&rev=0&ag=901&ln=21286&nseq=6332&nrev=0&pseq=6247&prev=0 Attachments Attachment 1 - Draft Ordinance amending ECC 3.75. Changes include adding Section 3.75.075 and amending Section 3.75.080  Attachment 2 - Ordinance 3909 Attachment 3 - Ordinance 3914 - Amending ECC Section 3.75.120 Attachment 4 - Ordinance 3929 - Amending ECC Section 3.75.060, 3.75.070, 3.75.080, 3.75.090 and 3.75.100  Attachment 5 - Ordinance 3941 - Amending ECC Section 3.75.120 Form Review Inbox Reviewed By Date City Clerk Scott Passey 04/03/2014 02:42 PM Mayor Dave Earling 04/03/2014 03:14 PM Finalize for Agenda Scott Passey 04/03/2014 03:25 PM Form Started By: Stephen Clifton Started On: 04/02/2014 03:46 PM Final Approval Date: 04/03/2014  Packet Page 5 of 383 - 1 ORDINANCE NO. ____ AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING EDMONDS CITY CODE, CHAPTER 3.75 RELATING TO THE EDMONDS DOWNTOWN BUSINESS IMPROVEMENT DISTRICT, ADDING SECTION 3.75.075 TO CREATE AN EXEMPTION FOR NEW BUSINESSES, AMENDING SECTION 3.75.080 TO AMEND THE DELINQUENT PAYMENT PROCEDURE, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, the Edmonds Downtown Business Improvement District (BID) was established by Ordinance No. 3909 resulting in the establishment of Edmonds City Code Section 3.75; and WHEREAS, the Revised Code of Washington Section 35.87A.170, Exemption Period for New Businesses and Projects, states “Businesses or multifamily residential or mixed- use projects established after the creation of an area within the area may be exempted from the special assessments imposed pursuant to this chapter for a period not exceeding one year from the date they commenced business in the area”; and WHEREAS, on March 27, 2014, the EDBID Interim Members Advisory Board expressed a desire to help new businesses succeed by creating a more welcoming environment for new businesses; and WHEREAS, on March 27, 2014, the EDBID Interim Members Advisory Board unanimously expressed support for granting an exemption of required assessments for a period of one year for all new businesses starting from the date a business license is approved by the City of Edmonds and requested that their recommendation be forwarded to the Edmonds City Council for consideration; and WHEREAS, on April 15, 2014 the City Council considered this matter and Packet Page 6 of 383 - 2 directed that an ordinance be prepared to make further revisions to chapter 3.75.070 ECC; and WHEREAS, Section 3.75.080 of the Edmonds City Code requires a consistent method of enforcement against delinquent payment; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. A new section 3.75.075, entitled “Exemption for new businesses,” is hereby added to the Edmonds City Code to read as follows: Businesses established after the effective date of April 22, 2014 and located within the Edmonds Downtown Business Improvement District shall be exempt from special assessments imposed pursuant to this chapter for a period of one year from the date a business license is issued by the City of Edmonds. Section 2. Section 3.75.080 of the Edmonds City Code, entitled “Delinquent payments,” is hereby amended to read as follows (new text is shown in underline; deleted text is shown in strike-through): If the assessment is not paid within 60 days after its due date, a delinquency charge shall be added and calculated at an interest rate of 12 percent per annum of the due amount. The finance director is authorized to use a city of Edmonds approved collection agency to collect any unpaid assessments. When the member is delinquent for three quarters of assessments, the City finance director shall initiate collection proceedings for that member. Collections proceedings shall include 30 day notification to the member prior to assignment of delinquent assessments to a collection agency for collection. Use of a collection agency will result in a business paying the agency’s fee on top of the amount of the BID assessment plus delinquency charges. Members may not receive renewal of their business licenses from the City of Edmonds until all delinquent Packet Page 7 of 383 - 3 charges have been paid, including all applicable interest and fees. Section 3. Severability. If any section, subsection, clause, sentence, or phrase of this ordinance should be held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. Section 4. 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 DAVID O. EARLING ATTEST/AUTHENTICATED: ______________________________ CITY CLERK, SCOTT PASSEY APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY:____________________________ Jeffrey B. Taraday, City Attorney FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. Packet Page 8 of 383 SUMMARY OF ORDINANCE NO. ____ of the City of Edmonds, Washington On the 15th day of April, 2014, 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 EDMONDS CITY CODE, CHAPTER 3.75 RELATING TO THE EDMONDS DOWNTOWN BUSINESS IMPROVEMENT DISTRICT, ADDING SECTION 3.75.075 TO CREATE AN EXEMPTION FOR NEW BUSINESSES, AMENDING SECTION 3.75.080 TO AMEND THE DELINQUENT PAYMENT PROCEDURE, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The fu ll text of this Ordinance will be mailed upon request. DATED this ___ day of April, 2014. CITY CLERK: SCOTT PASSEY 4852-3031-9887, v 1 Packet Page 9 of 383 Packet Page 10 of 383 Packet Page 11 of 383 Packet Page 12 of 383 Packet Page 13 of 383 Packet Page 14 of 383 Packet Page 15 of 383 Packet Page 16 of 383 Packet Page 17 of 383 Packet Page 18 of 383 Packet Page 19 of 383 Packet Page 20 of 383 Packet Page 21 of 383 Packet Page 22 of 383 Packet Page 23 of 383 Packet Page 24 of 383 Packet Page 25 of 383 Packet Page 26 of 383 Packet Page 27 of 383 Packet Page 28 of 383 Packet Page 29 of 383 Packet Page 30 of 383 Packet Page 31 of 383 Packet Page 32 of 383 Packet Page 33 of 383 Packet Page 34 of 383 Packet Page 35 of 383 Packet Page 36 of 383 Packet Page 37 of 383 Packet Page 38 of 383 Packet Page 39 of 383 Packet Page 40 of 383 Packet Page 41 of 383 Packet Page 42 of 383 Packet Page 43 of 383    AM-6757     1. B.              City Council Committee Meetings Meeting Date:04/08/2014 Time:10 Minutes   Submitted For:Councilmember Petso Submitted By:Jana Spellman Department:City Council Committee: Finance Type: Information Information Subject Title Discussion regarding the reporting/disclosures of lawsuits and settlements. Recommendation Previous Council Action Narrative Discussion regarding the reporting/disclosures of lawsuits and settlements. Attachments Attachment 1 - 2013 City Attorney Annual Report Form Review Inbox Reviewed By Date City Clerk Scott Passey 04/04/2014 09:04 AM Mayor Dave Earling 04/04/2014 09:48 AM Finalize for Agenda Scott Passey 04/04/2014 09:54 AM Form Started By: Jana Spellman Started On: 04/03/2014 11:39 AM Final Approval Date: 04/04/2014  Packet Page 44 of 383 CITY ATTORNEY ANNUAL REPORT October 22, 2013 Packet Page 45 of 383 Team Edmonds Jeff Taraday •City Council and Management meetings •Elected Official Advice •Land Use •Litigation •Coordination / Miscellaneous •Office hours twice a week Packet Page 46 of 383 Team Edmonds Sharon Cates •Labor and Employment •Contracts and ILAs •Bidding and Procurement •Litigation •Office hours once a week Packet Page 47 of 383 Team Edmonds Patricia Taraday •Public Records Act compliance •Code enforcement •Litigation •Office hours once a week Packet Page 48 of 383 Team Edmonds Rosa Fruehling-Watson •Labor and Employment Packet Page 49 of 383 Team Edmonds Beth Ford •Research •Writing •Litigation (Syd Locke, Humann) •Office hours once a week Packet Page 50 of 383 Team Edmonds Mike Bradley – Franchising (Astound, Zayo) and fiber optics Susan Drummond – Land use, GMHB Kathie O’Hanlon – Labor & Employment Chuck Wolfe – MTCA, form-based code Packet Page 51 of 383 The Lighthouse Stats October 1, 2012 through September 30, 2013 •3,104 hours worked by team •$384,000 in legal fees (flat fee unchanged since March 2011) •$124 average effective hourly rate Packet Page 52 of 383 Top Seven Most Resource-Intensive October 1, 2012 through September 30, 2013 1.City Council 417 hours 2.Precision Earthworks 339 hours 3.Human Resource 323 hours 4.Development Services 312 hours 5.Locke v. Edmonds 310 hours 6.Humann v. Edmonds 278 hours 7.Police 254 hours Packet Page 53 of 383 Pending Litigation with Lighthouse •Syd Locke –Declaratory Judgment, Negligence, Breach of Contract, Trespass/Inverse Condemnation, Consumer Protection, Harassment –Arising from city’s code enforcement efforts in the early aughts –MSJ on November 1, 2013 –Mediation? Trial? Packet Page 54 of 383 Pending Litigation with Lighthouse •New Cingular Wireless (federal court) –Declaratory judgment claim seeking $117,000 tax refund –Unjust enrichment –Due process clause allegation relating to failure to provide clear post-payment relief Packet Page 55 of 383 Pending Litigation with Lighthouse •Five Corners Roundabout Condemnations –Andersen •Public use order •No possession yet –Lakeshore Investment Corporation •Teamsters arbitration –Feb 2014 –Water watch truck •Kim Cole EEOC –Awaiting word on whether she will be allowed more time to appeal the June 11, 2013 Order dismissing her EEOC claim Packet Page 56 of 383 Litigation completed by Lighthouse in last 12 months •Precision Earthworks –Dispute with contractor arising from construction of Haines Wharf Park –Settled • $325,000 + $91,000 to Precision •$130,000 to Kulchin •$35,000 from G&O •Debi Humann –administrative whistleblower claim (federal court pending / WCIA) –City offered judgment, which was accepted for a total of approximately $90,000 Packet Page 57 of 383 Litigation completed by Lighthouse in last 12 months •Olson v. City of Edmonds (LUPA) –Voluntarily dismissed, no liability to city •New Cingular Wireless (federal court pending) –Voluntarily dismissed, re-filed in federal court •Meiers v. City of Edmonds –Settled for $94,000 and $25,000 of in-kind consideration –Dismissal pending Packet Page 58 of 383 City’s Use of Other Law Firms (optional) •Stephanie Alexander of Michael & Alexander –Machado arbitration –$37,000* *Amounts on this and following slides rounded to nearest $1,000. Packet Page 59 of 383 City’s Use of Other Law Firms (optional) •Carol Morris of Morris Law –Hillman closed record review; $5,000 –Point Edwards Bldg 10 closed record review; $1,000 ($5,000 authorized to-date) –Proportionate share of model code; $10,000 ($40,000 authorized to-date) Packet Page 60 of 383 City’s Use of Other Law Firms (optional) •Foster Pepper –Water / Sewer Revenue Bonds; $40,000 (not included in our scope of work) •Sofia Mabee of Summit Law Group –Consulting on Teamsters’ grievance; $1,000 ($5,000 authorized) •WCIA-appointed counsel (not optional) Packet Page 61 of 383 sample of recent code amendments •Easements retained as part of street vacation •“Reasonable economic use” definition (interim) •Allowed uses in CAO (interim – multiple drafts) •Extending the life of short plats •Park Impact Fees •Downtown BID •Chapter 2.10 (in progress) Packet Page 62 of 383 recommended code amendments •Continue with incorporation of model code –Limited role so far –Will analyze and may propose revisions before these are brought to city council •Design review process •Appeal process •Tree -related codes Packet Page 63 of 383 Questions? Packet Page 64 of 383    AM-6740     1. C.              City Council Committee Meetings Meeting Date:04/08/2014 Time:10 Minutes   Submitted By:Carrie Hite Department:Human Resources Committee: Finance Public Safety, Personnel Type: Action Information Subject Title Human Resources Department Reorganization Recommendation Staff recommends that the Committee forward the proposed ordinance to the full Council for approval. Previous Council Action The Council has taken several actions over the past several years to address the concerns of staffing in the HR department.  In November 2011, Council eliminated the HR Director position. In April 2012, Council approved special duty pay for a reporting Director and reclassified the HR analyst to an HR Manager position. In April 2013, Council approved an additional year for special assignment/special duty for a reporting Director. Narrative After several years of the HR department operating with a Reporting Director, the Mayor has an interest in making a final recommendation for the HR reorganization.  The Mayor is recommending the department structure have a current Director take on reporting responsibilities for HR permanently.  After discussion with Lighthouse Law Group, it has been recommended in order for this to happen, that the Salary Table in the budget book be amended to add this position.  Attached is a recommended amendment to the budget book.  At this time, there is no need for a monetary amendment, as this has already been reflected in the 2014 budget.  This discussion will be present on both the Personnel Committee and Finance Committee agendas for April 8, 2014. Beth Ford from Lighthouse Law Group will be present at the Personnel Committee to answer any questions. Sharon Cates from Lighthouse Law Group will be present at the Finance Committee to answer any questions. Attachments Attachment 1 - Salary Table Ordinance Form Review Inbox Reviewed By Date City Clerk Scott Passey 04/02/2014 03:03 PM Mayor Dave Earling 04/02/2014 03:30 PM Finalize for Agenda Scott Passey 04/03/2014 09:56 AM Form Started By: Carrie Hite Started On: 04/02/2014 12:54 PM Final Approval Date: 04/03/2014  Packet Page 65 of 383 CITY OF EDMONDS, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE 2014 SALARY SCHEDULES FOR ALL CITY PERSONNEL. WHEREAS, RCW 35A.33.050 requires the salary or salary range for each office, position or job classification to be set forth separately together with the title or position designation thereof in the city’s budget; and WHEREAS, the 2014 adopted budget included a salary range table on pages 175 through 177; and WHEREAS, the 2014 budget appropriates funds in the form of “special duty pay” to compensate the parks, recreation and cultural services director for the additional duties and responsibilities associated with supervision of the human resources department; and WHEREAS, the mayor has determined that the city should create the position of Human Resources Reporting Director to make more permanent the existing arrangement whereby a director of another department is tasked with the additional duties of overseeing the human resources department; and WHEREAS, no additional appropriation for 2014 would be required to create this position because the compensation would be the same as the special duty pay previously appropriated, namely between 5% and 10% additional salary over the applicable director’s normal salary; and WHEREAS, other positions need to be added or deleted from the salary range table in the 2014 adopted budget to account for other recent changes; and WHEREAS, it is necessary for the City Council to amend the salary range table which authorizes positions and establishes salary levels for all city employees; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON ORDAINS AS FOLLOWS: Section 1. The City Council hereby adopts an amended salary range table approving all employee positions and their respective salary ranges as shown on Attachment “A”, which is attached hereto and incorporated herein by this reference as if set forth in full (deleted positions are shown in strikethrough; new positions are shown with shading). Section 2. Severability. If any section, subsection, clause, sentence, or phrase of this ordinance should be held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. Packet Page 66 of 383 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. PASSED by the City Council and APPROVED by the Mayor this 15TH day of April 2014. APPROVED _____________________________________ MAYOR, DAVE EARLING ATTEST/AUTHENTICATED: ______________________________________ CITY CLERK, SCOTT PASSEY APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: By: _______________________________________ CITY ATTORNEY, JEFFREY TARADAY FILED WITH THE CITY CLERK: APPROVED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE: ORDINANCE NO. Packet Page 67 of 383 Attachment A Elected Officials Council Member Position Council President Judge Mayor Non-Represented Accounting Supervisor Assistant Police Chief Associate Planner Building Official Capital Projects Manager City Clerk City Engineer Community Services & Economic Development Director Court Administrator Cultural Services Manager Development Services Director Engineering Program Manager I Executive Assistant Confidential Executive Assistant To The Mayor Facilities Manager Finance Director Fleet Manager Human Resources Part-time Assistant 41,676 Human Resources Analyst Human Resources Manager Human Resources Reporting Director 5% 10% Information Services Supervisor Parks And Recreation Director Parks Maintenance Manager Planning Manager Police Chief Public Disclosure & Records Public Works Director Recreation Services Manager Recycling Coordinator Senior Planner Senior Utilities Engineer Stormwater Engineer Manager Street/Storm Manager Transportation Engineer Wastewater Treatment Plant Manager Wastewater Treatment Plant Supervisor Water/Sewer Manager 86,904 116,460 Salary Range Table Minimum Maximum $12,000 $12,000 75,524 75,524 117,091 117,091 100,608 134,820 Minimum Maximum 82,764 110,916 $71,496 $95,820 68,088 91,248 61,764 82,764 100,608 134,820 105,636 141,564 78,828 105,636 64,860 86,904 75,072 100,608 71,496 95,820 105,636 141,564 78,828 105,636 105,636 141,564 56,028 75,072 58,821 78,826 105,636 95,82071,496 71,496 95,820 82,764 141,564 110,916 71,496 95,820 51,672 110,916 148,644 71,496 95,820 156,072116,460 28,01420,904 56,028 75,072 78,828 105,636 68,088 91,248 78,828 105,636 91,248 122,292 82,764 110,916 75,072 100,608 82,764 110,916 14,400 14,400 58,824 78,828 78,828 105,636 Packet Page 68 of 383 Attachment A Police Non-Commissioned Animal Control Officer Domestic Violence Coordinator Part Time Administrative Assistant Police Services Assistant Property Officer/Evidence Technician Senior Animal Control Officer Police Guild Administrative Sergeant Corporal Detective Corporal Police Officer 1st Class Police Officer 2nd Class Professional Standards Sergeant Sergeant Teamsters Building Maintenance Operator Cemetery Sexton City Electrician Custodian WWTP Instrument Technician/Plant Electrician WWTP Laboratory Technician Stormwater Maintenance Lead Worker Water Maintenance Lead Worker Maintenance Custodian Senior Parks Maintenance Worker-Horticulturist Parks Maintenance Lead Worker Parks Maintenance Mechanic Senior Parks Maintenance Worker WWTP Pre-Treatment Technician Mechanic Sewer Maintenance Lead Worker Sewer Maintenance Worker Senior Sewer Maintenance Worker Storm Maintenance Worker Senior Storm GIS Technician/Maintenance Worker Senior Storm Maintenance Worker Street Maintenance Lead Worker 37,968 46,116 58,820 71,620 53,393 64,937 50,837 61,862 50,837 61,862 58,820 71,620 43,890 53,393 50,837 61,862 Minimum Maximum $48,385 $59,988 Salary Range Table 43,219 53,687 45,606 56,537 48,385 59,988 40,527 50,270 50,892 63,158 57,444 59,508 Minimum Maximum $86,004 $88,200 80,388 82,464 80,388 82,464 64,716 76,704 86,004 88,200 58,820 71,620 61,864 75,192 56,066 68,204 61,864 75,192 Minimum Maximum $53,393 $64,937 46,124 56,066 56,066 61,864 75,192 39,850 48,440 53,393 64,937 50,837 61,862 61,864 75,189 86,004 88,200 68,204 61,864 75,189 61,864 75,393 Packet Page 69 of 383 Attachment A Teamsters (Continued) Senior Street Maintenance Worker Traffic Control Technician Mechanic Senior Water Maintenance Worker Senior Mechanic 53,393 64,937 Water Meter Reader Water Quality Control Technician WWTP Lead Maintenance Mechanic WWTP Lead Operator WWTP Maintenance Mechanic Senior WWTP Mechanic WWTP Operator SEIU Accountant Accounting Specialist Administrative Assistant Business License Clerk Code Enforcement Officer Community Services Program Coordinator 59,124 Court Clerk Deputy City Clerk Engineering Technician II Engineering Technician III Executive Assistant Confidential GIS Analyst Information Systems Specialist Part Time IT Assistant 49,608 PC Support Technician 55,740 Permit Coordinator Plans Examiner Probation Officer Recreation Coordinator Recreation Leader Recreation Leader - Gymnastics Recreation Leader - Interpretive Recreation Specialist Senior Permit Coordinator Stormwater Technician Contract Positions Senior Executive Asst To City Council 20,800 31,200 39,000 63,144 78,276 44,376 55,020 73,260 61,862 55,740 50,837 61,864 75,189 61,864 75,189 41,810 50,837 56,066 68,204 53,393 64,937 50,837 61,862 Minimum Maximum 56,066 68,204 56,066 68,204 53,539 64,937 49,608 61,524 52,716 65,412 61,524 63,144 Minimum Maximum $66,948 $83,040 69,108 41,676 51,672 49,608 61,524 59,124 73,260 49,608 61,524 Salary Range Table Minimum Maximum 28,219 28,219 59,124 73,260 14,560 20,800 33,096 41,004 78,276 41,676 51,672 55,740 69,120 63,144 14,560 49,608 61,524 78,276 53,393 64,937 66,948 83,040 52,716 65,412 69,120 Packet Page 70 of 383 SUMMARY OF ORDINANCE NO. of the City of Edmonds, Washington On April 15, 2104, the City Council of the City of Edmonds, Washington, adopted Ordinance No. the main point of which may be summarized by its title as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE 2014 SALARY SCHEDULES FOR ALL CITY PERSONNEL. The full text of this ordinance will be mailed upon request. DATED this 15TH day of April, 2014. _____________________________________ SCOTT PASSEY, CITY CLERK Packet Page 71 of 383    AM-6761     1. D.              City Council Committee Meetings Meeting Date:04/08/2014 Time:10 Minutes   Submitted For:Carrie Hite Submitted By:Scott Passey Department:City Clerk's Office Committee: Finance Type: Action Information Subject Title Acting Development Services Director assignment. Recommendation The Mayor is requesting Council to approve an additional period of the appointment of acting Director for Development Services for Rob Chave to include Jan 1, 2014-March 31, 2014, and the corresponding out of class pay.  Previous Council Action The Mayor & Council originally approved the Acting Development Services Director and corresponding out of class pay assignment in March of 2012.    The Council approved this again in April 2013, effective Jan. 1, 2013-December 31, 2013.   Narrative The City has gone through a thorough recruitment and evaluation process to hire a Development Services Director.  This process took some time, and required Mr. Chave to continue in this role after December 31, 2013.  The action being requested in this agenda memo is to retroactively approve the acting pay for Mr. Rob Chave from January 1, 2014-March 31, 2014.   Form Review Form Started By: Scott Passey Started On: 04/04/2014 10:08 AM Final Approval Date: 04/04/2014  Packet Page 72 of 383    AM-6742     1. E.              City Council Committee Meetings Meeting Date:04/08/2014 Time:10 Minutes   Submitted For:Scott James Submitted By:Sarah Mager Department:Finance Committee: Finance Type: Information Information Subject Title 2014 February Budgetary Financial Report Recommendation N.A. For informational purposes only. Previous Council Action N.A. Narrative Attachments 2014 February Budgetary Financial Report Form Review Inbox Reviewed By Date Finance Scott James 04/03/2014 12:38 PM City Clerk Scott Passey 04/03/2014 12:45 PM Mayor Dave Earling 04/03/2014 12:54 PM Finalize for Agenda Scott Passey 04/03/2014 02:04 PM Form Started By: Sarah Mager Started On: 04/02/2014 01:59 PM Final Approval Date: 04/03/2014  Packet Page 73 of 383 CITY OF EDMONDS BUDGETARY FINANCIAL REPORT FEBRUARY 2014 Packet Page 74 of 383 1 Fund No.Title 2014 Adopted Budget 2/28/2013 Revenues 2/28/2014 Revenues Amount Remaining % Received 001 GENERAL FUND 36,154,919$ 3,696,503$ 6,618,452$ 29,536,467$ 18% 009 LEOFF-MEDICAL INS. RESERVE 594,946 52 256 594,690 0% 011 RISK MANAGEMENT FUND 903,858 22 - 903,858 0% 012 CONTINGENCY RESERVE FUND 527,115 741 3,364 523,751 1% 014 HISTORIC PRESERVATION GIFT FUND 8,000 645 1 7,999 0% 016 BUILDING MAINTENANCE 679,800 30 187,581 492,219 28% 104 DRUG ENFORCEMENT FUND 20,075 15,836 17,307 2,768 86% 111 STREET FUND 1,712,100 204,910 214,557 1,497,543 13% 112 COMBINED STREET CONST/IMPROVE 9,121,607 333,652 670,354 8,451,254 7% 117 MUNICIPAL ARTS ACQUIS. FUND 91,473 1,561 364 91,109 0% 118 MEMORIAL STREET TREE 25 2 11 14 44% 120 HOTEL/MOTEL TAX REVENUE FUND 54,140 8,743 8,995 45,145 17% 121 EMPLOYEE PARKING PERMIT FUND 20,308 4,862 8,443 11,865 42% 122 YOUTH SCHOLARSHIP FUND 1,623 2 9 1,615 1% 123 TOURISM PROMOTIONAL FUND/ARTS 18,200 9,932 3,052 15,148 17% 125 REAL ESTATE EXCISE TAX 2 904,343 115,679 150,089 754,255 17% 126 REAL ESTATE EXCISE TAX 1, PARKS ACQ FUND 904,243 115,579 149,163 755,080 16% 127 GIFTS CATALOG FUND 43,708 12,231 18,145 25,563 42% 129 SPECIAL PROJECTS FUND 4,000 166,187 - 4,000 0% 130 CEMETERY MAINTENANCE/IMPROVEMT 160,136 23,539 24,224 135,912 15% 132 PARKS CONSTRUCTION FUND 1,340,000 143,231 105,044 1,234,956 8% 136 PARKS TRUST FUND 186 71 93 93 50% 137 CEMETERY MAINTENANCE TRUST FD 12,970 2,808 2,896 10,074 22% 138 SISTER CITY COMMISSION 4,519 1 2 4,518 0% 139 TRANSPORTATION BENEFIT DISTRICT 645,000 100,901 104,768 540,232 16% 211 L.I.D. FUND CONTROL 28,600 2,956 - 28,600 0% 213 L.I.D. GUARANTY FUND 28,626 4 30 28,596 0% 231 2012 LT GO DEBT SERVICE FUND 1,022,689 - - 1,022,689 0% 411 COMBINED UTILITY OPERATION - 32,052 38,805 (38,805) 0% 421 WATER UTILITY FUND 6,241,818 895,895 1,112,465 5,129,353 18% 422 STORM UTILITY FUND 3,530,158 721,420 785,594 2,744,564 22% 423 SEWER/WWTP UTILITY FUND 8,347,200 1,377,796 1,325,854 7,021,346 16% 424 BOND RESERVE FUND 840,816 - - 840,816 0% 511 EQUIPMENT RENTAL FUND 1,478,108 234,873 252,252 1,225,856 17% 617 FIREMEN'S PENSION FUND 174,379 28 116 174,263 0% 627 BUSINESS IMPROVEMENT DISTRICT - - 28,835 (28,835) 0% 75,619,688$ 8,222,743$ 11,831,117$ 63,788,571$ 16% CITY OF EDMONDS REVENUES BY FUND - SUMMARY Packet Page 75 of 383 2 Fund No.Title 2014 Adopted Budget 2/28/2013 Expenditures 2/28/2014 Expenditures Amount Remaining % Spent 001 GENERAL FUND 38,034,671$ 5,821,627$ 5,980,774$ 32,053,897$ 16% 009 LEOFF-MEDICAL INS. RESERVE 503,361 57,012 67,441 435,920 13% 011 RISK MANAGEMENT RESERVE FUND 300,000 464,100 - 300,000 0% 014 HISTORIC PRESERVATION GIFT FUND 8,000 - - 8,000 0% 016 BUILDING MAINTENANCE 720,200 - 394 719,806 0% 104 DRUG ENFORCEMENT FUND 81,033 1,448 698 80,335 1% 111 STREET FUND 1,595,810 281,447 259,983 1,335,827 16% 112 COMBINED STREET CONST/IMPROVE 9,488,866 141,292 80,736 9,408,130 1% 117 MUNICIPAL ARTS ACQUIS. FUND 152,575 3,349 2,510 150,065 2% 118 MEMORIAL STREET TREE - - - - 0% 120 HOTEL/MOTEL TAX REVENUE FUND 54,000 100 - 54,000 0% 121 EMPLOYEE PARKING PERMIT FUND 26,786 - - 26,786 0% 122 YOUTH SCHOLARSHIP FUND 3,600 868 267 3,333 7% 123 TOURISM PROMOTIONAL FUND/ARTS 19,000 - - 19,000 0% 125 REAL ESTATE EXCISE TAX 2 1,377,712 9,273 16,282 1,361,430 1% 126 REAL ESTATE EXCISE TAX 1, PARKS ACQ FUND 1,189,291 - 2,500 1,186,791 0% 127 GIFTS CATALOG FUND 18,200 2,482 306 17,894 2% 129 SPECIAL PROJECTS FUND *4,000 7,993 17,469 (13,469) 437% 130 CEMETERY MAINTENANCE/IMPROVEMT 175,435 20,523 24,472 150,963 14% 132 PARKS CONSTRUCTION FUND 2,494,000 1,711 95,920 2,398,080 4% 136 PARKS TRUST FUND - - - - 0% 138 SISTER CITY COMMISSION 4,500 63 274 4,226 6% 139 TRANSPORTATION BENEFIT DISTRICT 645,000 101,570 104,768 540,232 16% 211 L.I.D. FUND CONTROL 28,600 - - 28,600 0% 213 L.I.D. GUARANTY FUND - - - - 0% 231 2012 LT GO DEBT SERVICE FUND 1,022,690 - - 1,022,690 0% 421 WATER UTILITY FUND 9,470,504 675,670 984,320 8,486,184 10% 422 STORM UTILITY FUND 5,931,306 449,613 381,016 5,550,290 6% 423 SEWER/WWTP UTILITY FUND 13,915,053 1,358,137 1,088,341 12,826,712 8% 424 BOND RESERVE FUND 840,816 - - 840,816 0% 511 EQUIPMENT RENTAL FUND 979,579 145,680 157,676 821,903 16% 617 FIREMEN'S PENSION FUND 89,615 31,842 11,910 77,705 13% 627 BUSINESS IMPROVEMENT DISTRCIT - - - - 0% 89,174,203$ 9,575,800$ 9,278,055$ 79,896,148$ 10% CITY OF EDMONDS EXPENDITURES BY FUND - SUMMARY *A budget amendment will be completed for this carryforward expense for the SR99 International District Enhancement Project Packet Page 76 of 383 3 Page 1 of 3 Title 2014 Adopted Budget 2/28/2013 Revenues 2/28/2014 Revenues Amount Remaining % Received TAXES: REAL PERSONAL / PROPERTY TAX 9,857,161$ 95,844$ 86,223$ 9,770,938$ 1% EMS PROPERTY TAX 3,105,938 29,698 25,150 3,080,788 1% VOTED PROPERTY TAX 946,303 9,449 8,154 938,149 1% LOCAL RETAIL SALES/USE TAX 5,525,609 894,736 998,510 4,527,099 18% NATURAL GAS USE TAX 8,793 2,062 2,237 6,556 25% 1/10 SALES TAX LOCAL CRIM JUST 590,174 103,185 109,500 480,674 19% ELECTRIC UTILITY TAX 1,490,394 326,077 352,390 1,138,004 24% GAS UTILITY TAX 819,286 220,665 198,165 621,121 24% SOLID WASTE UTILITY TAX 297,972 50,173 49,995 247,977 17% WATER UTILITY TAX 920,882 136,504 154,870 766,012 17% SEWER UTILITY TAX 479,750 87,384 47,881 431,869 10% STORMWATER UTILITY TAX 295,972 55,286 106,227 189,745 36% T.V. CABLE UTILITY TAX 738,219 131,498 137,767 600,452 19% TELEPHONE UTILITY TAX 1,544,793 252,444 248,366 1,296,427 16% PULLTABS TAX 62,613 15,500 11,054 51,559 18% AMUSEMENT GAMES 746 51 12 734 2% LEASEHOLD EXCISE TAX 232,528 48,671 50,434 182,094 22% PENALTIES ON GAMBLING TAXES - - - - 0% 26,917,133 2,459,227 2,586,934 24,330,199 10% LICENSES AND PERMITS: FIRE PERMITS-SPECIAL USE 5,666 - 40 5,626 1% PROF AND OCC LICENSE-TAXI 700 300 330 370 47% AMUSEMENTS 4,500 4,025 3,950 550 88% FRANCHISE AGREEMENT-COMCAST 659,488 167,992 172,694 486,794 26% FRANCHISE FEE-EDUCATION/GOVERNMENT - - 7,357 (7,357) 0% FRANCHISE AGREEMENT-VERIZON/FRONTIER 115,219 22,058 22,843 92,376 20% FRANCHISE AGREEMENT-BLACKROCK 14,299 2,938 4,717 9,582 33% FRANCHISE AGREMENT-ZAYO - 5,000 - - 0% OLYMPIC VIEW WATER DISTRICT FRANCHISE 233,162 52,692 74,829 158,333 32% GENERAL BUSINESS LICENSE 107,360 78,085 76,566 30,794 71% DEV SERV PERMIT SURCHARGE 38,500 3,345 4,475 34,025 12% NON-RESIDENT BUS LICENSE 53,963 21,100 21,800 32,163 40% RIGHT OF WAY FRANCHISE FEE 9,000 9,773 - 9,000 0% BUILDING STRUCTURE PERMITS 503,000 41,374 32,539 470,461 6% ANIMAL LICENSES 53,040 3,184 5,559 47,481 10% STREET AND CURB PERMIT 151,045 1,850 905 150,140 1% OTR NON-BUS LIC/PERMITS 18,467 2,019 1,767 16,700 10% 1,967,409 415,735 430,370 1,537,039 22% INTERGOVERNMENTAL: DOJ 15-0404-0-1-754 - BULLET PROOF VEST 3,176 - - 3,176 0% ROOFTOP SOLAR CHALLENGE GRANT - - 1,000 (1,000) 0% WA ASSOC OF SHERIFFS TRAFFIC GRANT - - - - 0% WTSC X-52 DUI AND SPEEDING - - - - 0% TARGET ZERO TEAMS GRANT 7,500 1,061 - 7,500 0% HIGH VISIBILITY ENFORCEMENT 3,000 419 - 3,000 0% DOCKSIDE DRILLS GRANT REIMBURSE - - 721 (721) 0% WA STATE ADMIN OFFICE COURTS GRANT - - - - 0% WA STATE TRAFFIC COMM GRANT - - - - 0% SMART COMMUTER PROJECT GRANT - - - - 0% PUD PRIVILEDGE TAX 187,033 - - 187,033 0% MVET/SPECIAL DISTRIBUTION 8,916 2,281 2,487 6,429 28% JUDICIAL SALARY CONTRIBUTION-STATE 12,600 3,134 3,169 9,431 25% CRIMINAL JUSTICE-SPECIAL PROGRAMS 34,300 8,546 9,203 25,097 27% DUI - CITIES 7,900 1,799 1,854 6,046 23% LIQUOR EXCISE TAX 64,675 - 26,478 38,197 41% LIQUOR BOARD PROFITS 360,879 - - 360,879 0% 689,979 17,240 44,911 645,068 7% REVENUES - GENERAL FUND CITY OF EDMONDS Packet Page 77 of 383 4 Page 2 of 3 Title 2014 Adopted Budget 2/28/2013 Revenues 2/28/2014 Revenues Amount Remaining % Received CHARGES FOR GOODS AND SERVICES: RECORD/LEGAL INSTRUMTS 1,200 179 162 1,038 14% COURT RECORD SERVICES 50 - - 50 0% CIVIL PROBATE FILINGS - - - - 0% D/M COURT REC SER 50 11 3 47 7% SHARED COURT COSTS 3,700 - - 3,700 0% MUNIC.-DIST. COURT CURR EXPEN 200 20 95 105 47% SALE MAPS & BOOKS 73 55 9 64 13% CLERKS TIME FOR SALE OF PARKING PERMITS 25,086 - - 25,086 0% BID SUPPLIES REIMBURSEMENT - - - - 0% PHOTOCOPIES 4,618 737 206 4,412 4% POLICE DISCLOSURE REQUESTS 4,000 630 482 3,518 12% ASSESSMENT SEARCH - - - - 0% ENGINEERING FEES AND CHARGES 219,680 5,760 9,405 210,275 4% ELECTION CANDIDATE FILING FEES 1,036 - - 1,036 0% SNO-ISLE 58,667 14,445 14,212 44,455 24% GENERAL MAINTENANCE SERVICES - - - - 0% PASSPORTS AND NATURALIZATION FEES 11,000 1,375 3,650 7,350 33% POLICE SERVICES SPECIAL EVENTS 26,000 - - 26,000 0% OCDETF OVERTIME - 1,113 4,445 (4,445) 0% CAMPUS SAFETY-EDM. SCH. DIST.12,300 - - 12,300 0% WOODWAY-LAW PROTECTION 36,000 2,470 9,450 26,550 26% MISCELLANEOUS POLICE SERVICES 1,500 - - 1,500 0% DRE REIMBURSEABLE - - - - 0% DUI EMERGENCY FIRE SERVICES 700 176 39 661 6% FIRE DISTRICT #1 STATION BILLINGS 28,503 13,304 13,333 15,170 47% ADULT PROBATION SERVICE CHARGE 64,000 7,438 12,099 51,901 19% ELECTRONIC MONITOR DUI - - - - 0% BOOKING FEES 6,300 577 1,193 5,107 19% FIRE CONSTRUCTION INSPECTION FEES 5,716 1,145 3,307 2,409 58% EMERGENCY SERVICE FEES 24,575 1,597 3,244 21,331 13% DUI EMERGENCY AID - - - - 0% EMS TRANSPORT USER FEE 800,000 217,529 241,224 558,776 30% POLICE - FINGERPRINTING 275 35 150 125 55% CRIM CNV FEE DUI - 74 - - 0% CRIM CONV FEE CT 5,700 578 670 5,030 12% CRIM CONV FEE CN 2,000 115 203 1,797 10% FIBER SERVICES 37,349 5,480 2,480 34,869 7% INTERGOVERNMENTAL FIBER SERVICES 7,454 1,200 1,200 6,254 16% FLEX FUEL PAYMENTS FROM STATIONS 218 171 116 102 53% ANIMAL CONTROL SHELTER 6,616 625 545 6,071 8% ZONING/SUBDIVISION FEE 95,950 7,725 6,084 89,866 6% PLAN CHECKING FEES 310,000 33,239 71,059 238,941 23% FIRE PLAN CHECK FEES 2,984 425 1,850 1,134 62% PLANNING 1% INSPECTION FEE 1,630 - - 1,630 0% S.E.P.A. REVIEW 6,980 1,455 1,095 5,885 16% CRITICAL AREA STUDY 16,530 1,705 2,170 14,360 13% DV COORDINATOR SERVICES 8,600 1,845 1,447 7,153 17% SWIM POOL ENTRANCE FEES 61,000 - - 61,000 0% GYM AND WEIGHTROOM FEES 5,500 1,163 884 4,616 16% LOCKER FEES 350 - - 350 0% SWIM CLASS FEES 32,000 - - 32,000 0% INTERGOVERNMENTAL REVENUE-SSCCFH - - - - 0% PROGRAM FEES 757,000 64,048 85,114 671,886 11% TAXABLE RECREATION ACTIVITIES 120,000 25,070 16,202 103,798 14% SWIM TEAM/DIVE TEAM 32,500 - - 32,500 0% BIRD FEST REGISTRATION FEES 825 - - 825 0% INTERFUND REIMBURSEMENT-CONTRACT SVCS 1,902,614 299,749 139,137 1,763,477 7% 4,749,029 713,264 646,964 4,102,065 14% CITY OF EDMONDS REVENUES - GENERAL FUND Packet Page 78 of 383 5 Page 3 of 3 Title 2014 Adopted Budget 2/28/2013 Revenues 2/28/2014 Revenues Amount Remaining % Received FINES AND FORFEITURES: PROOF OF VEHICLE INS PENALTY 11,000 832 1,452 9,548 13% TRAFFIC INFRACTION PENALTIES 38,000 2,409 4,301 33,699 11% NC TRAFFIC INFRACTION 310,000 22,126 45,114 264,886 15% CRT COST FEE CODE LEG ASSESSMENT (LGA)25,000 1,827 3,487 21,513 14% SPEEDING DOUBLE 330 - - 330 0% NON-TRAFFIC INFRACTION PENALTIES 2,085 - 1,201 884 58% OTHER INFRACTIONS '04 2,300 93 93 2,207 4% PARKING INFRACTION PENALTIES 52,000 3,679 6,834 45,166 13% PR-HANDICAPPED - - - - 0% PARKING INFRACTION LOC - - - - 0% PARK/INDDISZONE - 178 281 (281) 0% DWI PENALTIES 3,000 (639) 1,392 1,608 46% DUI - DP ACCT 3,700 265 469 3,232 13% CRIM CNV FEE DUI 700 - 141 559 20% OTHER CRIMINAL TRAF MISDEM PEN - - 18 (18) 0% CRIMINAL TRAFFIC MISDEMEANOR 8/03 38,000 2,502 5,343 32,657 14% CRIMINAL CONVICTION FEE CT - - 253 (253) 0% OTHER NON-TRAF MISDEMEANOR PEN 100 20 2 98 2% OTHER NON TRAFFIC MISD. 8/03 - (3,721) 9,640 (9,640) 0% COURT DV PENALTY ASSESSMENT 1,900 225 246 1,654 13% CRIMINAL CONVICTION FEE CN - 29 120 (120) 0% CRIMINAL COSTS-RECOUPMENTS 120,000 11,635 16,226 103,774 14% PUBLIC DEFENSE RECOUPMENT 35,000 3,079 5,294 29,706 15% COURT INTERPRETER COSTS 50 3 4 46 8% BUS. LICENSE PERMIT PENALTY 4,000 300 475 3,525 12% MISC FINES AND PENALTIES 3,600 790 - 3,600 0% 650,765 45,632 102,387 548,378 16% MISCELLANEOUS: INVESTMENT INTEREST 88,200 106 1,729 86,471 2% INTEREST ON COUNTY TAXES 1,281 143 92 1,189 7% INTEREST - COURT COLLECTIONS 4,000 569 1,014 2,986 25% PARKING 12,804 1,580 1,693 11,111 13% SPACE/FACILITIES RENTALS 153,200 9,415 3,920 149,281 3% BRACKET ROOM RENTAL 4,817 1,480 1,200 3,617 25% LEASES LONG-TERM 159,335 27,763 28,528 130,807 18% VENDING MACHINE/CONCESSION 5,500 432 321 5,179 6% OTHER RENTS & USE CHARGES 8,400 - - 8,400 0% DONATION/CONTRIBUTION - - - - 0% PARKS DONATIONS 9,100 1,700 1,800 7,300 20% BIRD FEST CONTRIBUTIONS 1,300 200 200 1,100 15% POLICE CONTRIUBTIONS FROM PRIV SOURCES - - - - 0% PARKS GRANTS - PRIVATE SOURCES - - - - 0% SALE OF JUNK/SALVAGE 1,200 - - 1,200 0% SALES OF UNCLAIM PROPERTY 4,000 862 154 3,846 4% CONFISCATED AND FORFEITED PROPERTY - 358 - - 0% OTHER JUDGEMENT SETTLEMENT - - - - 0% POLICE JUDGMENTS/RESTITUTION 477 10 88 389 18% CASHIER'S OVERAGES/SHORTAGES 45 1 3 42 7% OTHER MISC REVENUES 725,427 561 2,716 722,711 0% SMALL OVERPAYMENT 68 2 2 66 3% NSF FEES - PARKS & REC 150 - - 150 0% NSF FEES - MUNICIPAL COURT 1,300 133 115 1,185 9% NSF FEES - POLICE - - - - 0% NSF FEES - DEVELOPMENT SERVICES DEPT - 90 - - 0% FLEX-PLAN SERVICES FORFEITURES - - 0 (0) 0% 1,180,604 45,404 43,573 1,137,031 4% TRANSFERS-IN: INSURANCE RECOVERIES - - - - 0% INTERFUND TRANSFER-IN (from 121)- - - - 0% INTERFUND TRANSFER - In (From 104)- - - - 0% INTERFUND TRANSFER (From 127)- - 2,763,314 (2,763,314) 0% PROCEEDS OF REFUNDING DEBT - - 0 (0) 0% - - 2,763,314 (2,763,314) 0% TOTAL GENERAL FUND REVENUE 36,154,919$ 3,696,503$ 6,618,453$ 29,536,466$ 18% REVENUES - GENERAL FUND CITY OF EDMONDS Packet Page 79 of 383 6 Page 1 of 6 Title 2014 Adopted Budget 2/28/2013 Expenditures 2/28/2014 Expenditures Amount Remaining % Spent GENERAL FUND EXPENDITURES (001) SALARIES AND WAGES 13,069,860$ 2,002,741$ 1,943,251$ 11,126,609$ 15% OVERTIME 425,123 54,802 66,256 358,867 16% HOLIDAY BUY BACK 201,026 802 - 201,026 0% BENEFITS 4,658,896 672,742 745,884 3,913,012 16% UNIFORMS 65,210 8,087 9,292 55,918 14% SUPPLIES 376,613 33,948 54,963 321,650 15% SMALL EQUIPMENT 215,404 8,694 52,622 162,782 24% PROFESSIONAL SERVICES 2,112,044 204,157 202,955 1,909,089 10% COMMUNICATIONS 203,230 24,237 21,908 181,322 11% TRAVEL 33,685 1,441 1,026 32,659 3% ADVERTISING 57,375 2,234 4,725 52,650 8% RENTAL/LEASE 933,815 135,425 154,093 779,722 17% INSURANCE 379,784 395,999 383,906 (4,122) 101% UTILITIES 457,800 63,127 60,644 397,156 13% REPAIRS & MAINTENANCE 349,835 62,547 114,140 235,695 33% MISCELLANEOUS 353,406 68,717 66,205 287,201 19% INTERGOVERNMENTAL SERVICES 8,316,935 2,051,379 2,081,306 6,235,629 25% INTERGOVERNMENTAL PAYMENTS 180,000 - - 180,000 0% ECA CONTINGENCY RESERVE - - - - 0% EXCISE TAXES 6,452 465 638 5,814 10% INTERFUND TRANSFER 4,171,087 - - 4,171,087 0% MACHINERY/EQUIPMENT 40,000 21,603 - 40,000 0% GENERAL OBLIGATION BOND PRINCIPAL 1,009,066 - - 1,009,066 0% CAPITAL LEASES AND INSTALLMENT PURCHASES 64,654 - - 64,654 0% OTHER DEBT - 478 479 (479) 0% INTEREST ON LONG-TERM EXTERNAL DEBT 153,371 - - 153,371 0% DEBT ISSUE COSTS - - 16,481 (16,481) 0% INTERFUND SERVICES 200,000 - - 200,000 0% INTERFUND RENTAL - 8,000 - - 0% 38,034,671$ 5,821,627$ 5,980,774$ 32,053,897$ 16% LEOFF-MEDICAL INS. RESERVE (009) BENEFITS 312,774$ 39,414$ 51,625$ 261,149$ 17% IN HOME LTC CLAIMS 183,337 17,598 15,815 167,522 9% PROFESSIONAL SERVICES 7,000 - - 7,000 0% MISCELLANEOUS 250 - - 250 0% 503,361$ 57,012$ 67,441$ 435,920$ 13% RISK MANAGEMENT RESERVE FUND (011) MISCELLANEOUS 300,000$ 464,100$ -$ 300,000$ 0% 300,000$ 464,100$ -$ 300,000$ 0% HISTORIC PRESERVATION GIFT FUND (014) SUPPLIES 100$ -$ -$ 100$ 0% PROFESSIONAL SERVICES 100 - - 100 0% ADVERTISING 100 - - 100 0% MISCELLANEOUS 7,700 - - 7,700 0% 8,000$ -$ -$ 8,000$ 0% BUILDING MAINTENANCE SUBFUND (016) SUPPLIES -$ -$ 294$ (294)$ 0% PROFESSIONAL SERVICES 20,000 - - 20,000 0% REPAIRS & MAINTENANENCE 668,200 - 100 668,100 0% MISCELLANEOUS - - - - 0% CONSTRUCTION PROJECTS 32,000 - - 32,000 0% 720,200$ -$ 394$ 687,806$ 0% DRUG ENFORCEMENT FUND (104) SUPPLIES -$ -$ -$ -$ 0% FUEL CONSUMED 3,000 881 228 2,772 8% SMALL EQUIPMENT 5,000 - - 5,000 0% COMMUNICATIONS 2,233 567 469 1,764 21% REPAIR/MAINT 800 - - 800 0% MISCELLANEOUS 20,000 - - 20,000 0% INTERGOVTL SVC 50,000 - - 50,000 0% INTERFUND TRANSFER - - - - 0% 81,033$ 1,448$ 698$ 80,335$ 1% EXPENDITURES BY FUND - DETAIL CITY OF EDMONDS Packet Page 80 of 383 7 Page 2 of 6 Title 2014 Adopted Budget 2/28/2013 Expenditures 2/28/2014 Expenditures Amount Remaining % Spent STREET FUND (111) SALARIES AND WAGES 446,344$ 71,251$ 68,350$ 377,994$ 15% OVERTIME 18,400 3,679 6,328 12,072 34% BENEFITS 214,311 30,383 34,582 179,729 16% UNIFORMS 6,000 2,476 2,845 3,155 47% SUPPLIES 240,000 30,844 8,540 231,460 4% SMALL EQUIPMENT 26,000 - 2,197 23,803 8% PROFESSIONAL SERVICES 13,700 3,966 4,594 9,106 34% COMMUNICATIONS 2,500 380 541 1,959 22% TRAVEL 1,000 - - 1,000 0% ADVERTISING 350 - - 350 0% RENTAL/LEASE 180,104 26,225 29,719 150,385 17% INSURANCE 82,400 87,201 74,683 7,717 91% UTILITIES 275,783 22,639 23,074 252,709 8% REPAIRS & MAINTENANCE 45,000 2,313 4,531 40,469 10% MISCELLANEOUS 8,000 - - 8,000 0% INTERGOVERNMENTAL SERVICES 2,000 89 - 2,000 0% INTERFUND TRANSFER 28,805 - - 28,805 0% GENERAL OBLIGATION BOND PRINCIPAL 3,149 - - 3,149 0% INTEREST ON LONG-TERM EXTERNAL DEBT 1,964 - - 1,964 0% INTEREFUND RENTAL - - - - 0% 1,595,810$ 281,447$ 259,983$ 1,335,827$ 16% COMBINED STREET CONST/IMPROVE (112) PROFESSIONAL SERVICES 2,022,300$ 36,940$ 40,988$ 1,981,312$ 2% MISCELLANEOUS - - - - 0% INTERFUND TRANSFER OUT 384,043 - - 384,043 0% LAND 373,000 - 2,684 370,316 1% CONST SURFACE CONST PROJECTS 6,162,200 75,590 37,064 6,125,136 1% INTERGOVERNMENTAL LOANS 72,203 - - 72,203 0% INTEREST ON INTERGOVERNMENTAL LOANS 4,120 - - 4,120 0% INTERFUND SERVICES 471,000 28,762 - 471,000 0% 9,488,866$ 141,292$ 80,736$ 9,408,130$ 1% MUNICIPAL ARTS ACQUIS. FUND (117) SUPPLIES 4,200$ -$ 15$ 4,185$ 0% SMALL EQUIPMENT 1,000 - - 1,000 0% PROFESSIONAL SERVICES 135,000 1,875 1,800 133,200 1% TRAVEL 75 12 11 65 14% ADVERTISING 4,000 1,450 - 4,000 0% RENTAL/LEASE 2,000 - - 2,000 0% REPAIRS & MAINTENANCE 300 - - 300 0% MISCELLANEOUS 6,000 12 685 5,315 11% INTERFUND TRANSFER - - - - 0% 152,575$ 3,349$ 2,510$ 150,065$ 2% HOTEL/MOTEL TAX REVENUE FUND (120) PROFESSIONAL SERVICES 16,000$ -$ -$ 16,000$ 0% ADVERTISING 33,500 - - 33,500 0% MISCELLANEOUS 500 100 - 500 0% INTERFUND TRANSFERS 4,000 - - 4,000 0% CONSTRUCTION PROJECTS - - - - 0% 54,000$ 100$ -$ 54,000$ 0% EMPLOYEE PARKING PERMIT FUND (121) SUPPLIES 1,700$ -$ -$ 1,700$ 0% SMALL EQUIPMENT - - - - 0% PROFESSIONAL SERVICES 25,086 - - 25,086 0% INTERFUND TRANSFER - - - - 0% 26,786$ -$ -$ 26,786$ 0% YOUTH SCHOLARSHIP FUND (122) MISCELLANEOUS 3,600$ 868$ 267$ 3,333$ 7% 3,600$ 868$ 267$ 3,333$ 7% TOURISM PROMOTIONAL FUND/ARTS (123) PROFESSIONAL SVC 10,500$ -$ -$ 10,500$ 0% ADVERTISING 4,500 - - 4,500 0% MISCELLANEOUS 4,000 - - 4,000 0% 19,000$ -$ -$ 19,000$ 0% CITY OF EDMONDS EXPENDITURES BY FUND - DETAIL Packet Page 81 of 383 8 Page 3 of 6 Title 2014 Adopted Budget 2/28/2013 Expenditures 2/28/2014 Expenditures Amount Remaining % Spent REAL ESTATE EXCISE TAX 2 (125) SUPPLIES 30,000$ 11,245$ 12,903$ 17,097$ 43% PROFESSIONAL SERVICES 195,000 (2,079) - 195,000 0% ADVERTISING - 107 - - 0% RENTAL/LEASE - - 3,379 (3,379) 0% UTILITIES - - - - 0% REPAIRS & MAINTENANCE 152,712 - - 152,712 0% INTERFUND TRANSFER 800,000 - - 800,000 0% CONSTRUCTION PROJECTS 200,000 - - 200,000 0% INTERFUND SERVICES - - - - 0% 1,377,712$ 9,273$ 16,282$ 1,361,430$ 1% REAL ESTATE EXCISE TAX 1, PARKS ACQ (126) MISCELLANEOUS 200,000$ -$ 2,500$ 197,500$ 1% INTERFUND TRANSFER 959,528 - - 959,528 0% LAND - - - - 0% GENERAL OBLIGATION BONDS 18,330 - - 18,330 0% INTEREST 11,433 - - 11,433 0% 1,189,291$ -$ 2,500$ 1,186,791$ 0% GIFTS CATALOG FUND (127) SUPPLIES 11,700$ 432$ 306$ 11,394$ 3% PROFESSIONAL SERVICES 4,000 2,050 - 4,000 0% INTERFUND TRANSFER 2,500 - - 2,500 0% 18,200$ 2,482$ 306$ 17,894$ 2% SPECIAL PROJECTS FUND (129) PROFESSIONAL SERVICES 2,000$ -$ -$ 2,000$ 0% CONSTRUCTION PROJECTS - - 17,469 (17,469) 0% INTERFUND SERVICES 2,000 7,993 - 2,000 0% 4,000$ 7,993$ 17,469$ (13,469)$ 437% CEMETERY MAINTENANCE/IMPROVEMENT (130) SALARIES AND WAGES 81,251$ 11,624 11,791$ 69,460$ 15% OVERTIME 3,500 - 376 3,124 11% BENEFITS 39,056 5,204 5,245 33,811 13% UNIFORMS 1,000 - - 1,000 0% SUPPLIES 7,000 245 1,700 5,300 24% SUPPLIES PURCHASED FOR INVENTORY/RESALE 20,000 1,268 2,502 17,498 13% PROFESSIONAL SERVICES 1,000 - - 1,000 0% COMMUNICATIONS 1,412 233 239 1,173 17% TRAVEL 500 - - 500 0% ADVERTISING 3,200 108 118 3,082 4% RENTAL/LEASE 9,216 876 1,536 7,680 17% UTILITIES 3,800 - 136 3,664 4% REPAIRS & MAINTENANCE 500 - - 500 0% MISCELLANEOUS 4,000 964 828 3,172 21% MACHINERY/EQUIPMENT - - - - 0% INTERFUND RENTAL - - - - 0% 175,435$ 20,523$ 24,472$ 150,963$ 14% PARKS CONSTRUCTION FUND (132) SUPPLIES -$ -$ -$ -$ 0% PROFESSIONAL SERVICES 4,000 911 95,920 (91,920) 2398% INTERFUND TRANSFER - - - - 0% LAND 700,000 - - 700,000 0% CONSTRUCTION PROJECTS 1,790,000 - - 1,790,000 0% INTERFUND SERVICES - 800 - - 0% 2,494,000$ 1,711$ 95,920$ 2,398,080$ 4% PARKS TRUST FUND (136) INTERFUND TRANSFER -$ -$ -$ -$ 0% -$ -$ -$ -$ 0% SISTER CITY COMMISSION (138) SUPPLIES 500$ -$ -$ 500$ 0% TRAVEL 3,000 - - 3,000 0% MISCELLANEOUS 1,000 63 274 726 27% 4,500$ 63$ 274$ 4,226$ 6% TRANSPORTATION BENEFIT DISTRICT (139) PROFESSIONAL SERVICES -$ 1,714$ -$ -$ 0% INSURANCE 5,000 5,000 2,500 2,500 50% INTERFUND TRANSFER 640,000 94,856 - 640,000 0% INTERGOVTL SERVICES - - 102,268 (102,268) 0% 645,000$ 101,570$ 104,768$ 540,232$ 16% CITY OF EDMONDS EXPENDITURES BY FUND - DETAIL Packet Page 82 of 383 9 Page 4 of 6 Title 2014 Adopted Budget 2/28/2013 Expenditures 2/28/2014 Expenditures Amount Remaining % Spent LID FUND CONTROL (211) INTERFUND TRANSFER 28,600$ -$ -$ 28,600$ 0% 28,600$ -$ -$ 28,600$ 0% 2012 LTGO DEBT SERVIC FUND (231) GENERAL OBLIGATION BOND 854,667$ -$ -$ 854,667$ 0% INTEREST 168,023 - - 168,023 0% DEBT ISSUE COSTS - - - - 0% 1,022,690$ -$ -$ 1,022,690$ 0% WATER FUND (421) SALARIES AND WAGES 677,172$ 118,775$ 121,877$ 555,295$ 18% OVERTIME 24,180 2,753 2,342 21,838 10% BENEFITS 326,137 49,033 55,455 270,682 17% UNIFORMS 6,800 364 505 6,295 7% SUPPLIES 151,838 8,423 20,370 131,468 13% FUEL CONSUMED - - - - 0% WATER PURCHASED FOR RESALE 1,600,000 101,110 100,327 1,499,673 6% SUPPLIES PURCHASED FOR INVENTORY/RESALE 112,000 16,915 35,889 76,111 32% SMALL EQUIPMENT 10,500 105 - 10,500 0% PROFESSIONAL SERVICES 229,150 15,163 15,904 213,246 7% COMMUNICATIONS 35,000 5,651 2,624 32,376 7% TRAVEL 2,600 - - 2,600 0% ADVERTISING 500 - - 500 0% RENTAL/LEASE 104,820 15,632 17,684 87,136 17% INSURANCE 66,869 67,607 65,068 1,801 97% UTILITIES 40,000 5,108 10,466 29,534 26% REPAIRS & MAINTENANCE 17,600 1,228 363 17,237 2% MISCELLANEOUS 307,880 51,587 70,054 237,826 23% INTERGOVERNMENTAL SERVICES 30,000 5,188 5,071 24,929 17% INTERFUND TAXES 920,881 136,504 154,870 766,011 17% INTERFUND TRANSFER 292,830 - - 292,830 0% MACHINERY/EQUIPMENT - - - - 0% CONSTRUCTION PROJECTS 3,424,639 - 266,295 3,158,344 8% GENERAL OBLIGATION BONDS 2,115 - - 2,115 0% REVENUE BONDS 306,140 - - 306,140 0% INTERGOVERNMENTAL LOANS 45,839 - - 45,839 0% INTEREST 275,912 - - 275,912 0% DEBT ISSUE COSTS - - - - 0% OTHER INTEREST & DEBT SERVICE COSTS - 175 175 (175) 0% INTERFUND SERVICES 459,102 74,351 38,981 420,121 8% INTERFUND REPAIR - - - - 0% 9,470,504$ 675,670$ 984,320$ 8,486,184$ 10% EXPENDITURES BY FUND - DETAIL CITY OF EDMONDS Packet Page 83 of 383 10 Page 5 of 6 Title 2014 Adopted Budget 2/28/2013 Expenditures 2/28/2014 Expenditures Amount Remaining % Spent STORM FUND (422) SALARIES AND WAGES 594,775$ 91,870$ 97,070$ 497,705$ 16% OVERTIME 6,000 1,068 2,226 3,774 37% BENEFITS 258,745 36,913 42,596 216,149 16% UNIFORMS 6,500 2,819 3,220 3,280 50% SUPPLIES 58,333 572 4,851 53,482 8% SMALL EQUIPMENT 4,000 - 275 3,725 7% PROFESSIONAL SERVICES 1,241,772 77,273 26,075 1,215,697 2% COMMUNICATIONS 3,200 212 357 2,843 11% TRAVEL 4,300 - - 4,300 0% ADVERTISING 500 - - 500 0% RENTAL/LEASE 213,612 35,704 35,102 178,510 16% INSURANCE 8,089 8,407 36,035 (27,946) 445% UTILITES 10,500 1,481 1,455 9,045 14% REPAIR & MAINTENANCE 13,000 - 6,005 6,995 46% MISCELLANEOUS 112,100 13,012 13,518 98,582 12% INTERGOVERNMENTAL SERVICES 75,000 16,682 5,026 69,974 7% INTERFUND TAXES AND OPERATING ASSESSMENT 295,973 55,286 68,035 227,938 23% INTERFUND TRANSFER 54,291 - - 54,291 0% CONSTRUCTION PROJECTS 1,921,842 - - 1,921,842 0% GENERAL OBLIGATION BONDS 105,461 - - 105,461 0% REVENUE BONDS 149,691 - - 149,691 0% INTERGOVERNMENTAL LOANS 32,063 - - 32,063 0% INTEREST 182,178 - - 182,178 0% OTHER INTEREST & DEBT SERVICE COSTS - 83 84 (84) 0% INTERFUND PROFESSIONAL SERVICES 579,381 108,233 39,086 540,295 7% 5,931,306$ 449,613$ 381,016$ 5,550,290$ 6% SEWER FUND (423) SALARIES AND WAGES 1,650,330$ 266,362$ 283,523$ 1,366,807$ 17% OVERTIME 73,000 27,657 13,249 59,751 18% BENEFITS 760,694 107,434 125,742 634,952 17% UNIFORMS 11,400 1,450 4,476 6,924 39% SUPPLIES 399,333 42,085 29,437 369,896 7% FUEL CONSUMED 90,000 28,691 18,589 71,411 21% SUPPLIES PURCHASED FOR INV OR RESALE - - - - 0% SMALL EQUIPMENT 26,000 1,880 6,318 19,682 24% PROFESSIONAL SERVICES 1,050,500 300,008 57,913 992,587 6% COMMUNICATIONS 40,000 5,042 4,085 35,915 10% TRAVEL 7,400 - - 7,400 0% ADVERTISING 2,500 - - 2,500 0% RENTAL/LEASE 149,968 22,203 24,563 125,405 16% INSURANCE 155,006 156,092 128,145 26,861 83% UTILITIES 1,170,600 129,647 134,421 1,036,179 11% REPAIR & MAINTENANCE 175,000 7,330 32,329 142,671 18% MISCELLANEOUS 217,935 37,106 28,159 189,776 13% INTERGOVERNMENTAL SERVICES 408,889 37,756 38,503 370,387 9% INTERFUND TAXES AND OPERATING ASSESSMENT 479,750 87,384 86,073 393,677 18% INTERFUND TRANSFERS 1,168,346 - - 1,168,346 0% MACHINERY/EQUIPMENT 449,500 - - 449,500 0% CONSTRUCTION PROJECTS 4,030,789 20,287 11,405 4,019,384 0% GENERAL OBLIGATION BONDS 120,529 - - 120,529 0% REVENUE BONDS 69,169 - - 69,169 0% INTERGOVERNMENTAL LOANS 203,621 - - 203,621 0% INTEREST 149,971 - - 149,971 0% DEBT ISSUE COSTS - - - - 0% OTHER INTEREST & DEBT SERVICE COSTS - 41 41 (41) 0% INTERFUND PROFESSIONAL SERVICES 854,823 79,681 61,370 793,453 7% 13,915,053$ 1,358,137$ 1,088,341$ 12,826,712$ 8% BOND RESERVE FUND (424) OTHER INTEREST & DEBT SERVICE COSTS -$ -$ -$ -$ 0% REVENUE BONDS 160,000 - - 160,000 0% INTEREST 680,816 - - 680,816 0% 840,816 - - 840,816 0% CITY OF EDMONDS EXPENDITURES BY FUND - DETAIL Packet Page 84 of 383 11 Page 6 of 6 Title 2014 Adopted Budget 2/28/2013 Expenditures 2/28/2014 Expenditures Amount Remaining % Spent EQUIPMENT RENTAL FUND (511) SALARIES AND WAGES 203,962$ 22,925$ 34,803$ 169,159$ 17% OVERTIME 1,000 886 99 901 10% BENEFITS 89,965 11,173 15,670 74,295 17% UNIFORMS 1,000 277 418 582 42% SUPPLIES 96,500 8,780 5,622 90,878 6% FUEL CONSUMED 1,000 - 123 877 12% SUPPLIES PURCHASED FOR INVENTORY/RESALE 361,700 3,254 6,051 355,649 2% SMALL EQUIPMENT 8,000 329 6,164 1,836 77% PROFESSIONAL SERVICES 1,000 227 52 948 5% COMMUNICATIONS 3,000 214 281 2,719 9% RENTAL/LEASE 14,484 1,548 2,296 12,188 16% INSURANCE 32,701 32,700 35,893 (3,192) 110% UTILITIES 14,000 2,013 1,881 12,119 13% REPAIRS & MAINTENANCE 60,000 12,992 2,421 57,579 4% MISCELLANEOUS 6,000 1,317 544 5,456 9% INTERGOVERNMENTAL SERVICES 2,500 119 - 2,500 0% MACHINERY/EQUIPMENT 72,767 46,927 45,357 27,410 62% INTERFUND RENTAL 10,000 - - 10,000 0% 979,579$ 145,680$ 157,676$ 821,903$ 16% FIREMEN'S PENSION FUND (617) BENEFITS 49,619$ 7,012$ 6,692$ 42,927$ 13% PENSION AND DISABILITY PAYMENTS 38,796 24,830 5,218 33,578 13% PROFESSIONAL SERVICES 1,200 - - 1,200 0% 89,615$ 31,842$ 11,910$ 77,705$ 13% TOTAL EXPENDITURE ALL FUNDS 89,174,203$ 9,575,800$ 9,278,055$ 79,015,332$ 10% CITY OF EDMONDS EXPENDITURES BY FUND - DETAIL Packet Page 85 of 383 12 Title 2014 Adopted Budget 2/28/2013 Expenditures 2/28/2014 Expenditures Amount Remaining % Spent CITY COUNCIL 238,644$ 38,445$ 29,242$ 209,402$ 12% OFFICE OF MAYOR 251,085 38,426 40,990 210,095 16% HUMAN RESOURCES 339,938 39,680 60,853 279,085 18% MUNICIPAL COURT 801,872 115,326 116,841 685,031 15% CITY CLERK 537,273 83,146 85,455 451,818 16% ADMINISTRATIVE SERVICES 1,645,285 272,409 292,915 1,352,370 18% CITY ATTORNEY 552,900 85,261 91,366 461,534 17% NON-DEPARTMENTAL 15,053,243 2,488,604 2,563,640 12,489,603 17% POLICE SERVICES 8,823,704 1,406,388 1,369,842 7,453,862 16% COMMUNITY SERVICES/ECONOMIC DEV.504,100 54,572 54,146 449,954 11% DEVELOPMENT SERVICES 2,070,960 263,070 257,352 1,813,608 12% PARKS & RECREATION 3,771,116 441,862 486,587 3,284,529 13% PUBLIC WORKS 2,040,727 285,354 302,290 1,738,437 15% FACILITIES MAINTENANCE 1,403,824 209,083 229,255 1,174,569 16% 38,034,671$ 5,821,627$ 5,980,774$ 32,053,897$ 16% Title 2014 Adopted Budget 2/28/2013 Expenditures 2/28/2014 Expenditures Amount Remaining % Spent WATER UTILITY FUND 9,470,504$ 675,670$ 984,320$ 8,486,184$ 10% STORM UTILITY FUND 5,931,306 449,613 381,016 5,550,290 6% SEWER/WWTP UTILITY FUND 13,915,053 1,358,137 1,088,341 12,826,712 8% BOND RESERVE FUND 840,816 - - 840,816 0% 30,157,679$ 2,483,419$ 2,453,676$ 27,704,003$ 8% EXPENDITURES - GENERAL FUND - BY DEPARTMENT IN SUMMARY EXPENDITURES - UTILITY- BY FUND IN SUMMARY CITY OF EDMONDS CITY OF EDMONDS Packet Page 86 of 383 13 Page 1 of 4 Title 2014 Adopted Budget 2/28/2013 Expenditures 2/28/2014 Expenditures Amount Remaining % Spent CITY COUNCIL SALARIES 117,615$ 20,000$ 17,585$ 100,030$ 15% OVERTIME 2,000 100 34 1,966 2% BENEFITS 72,271 11,620 11,074 61,197 15% SUPPLIES 2,000 88 87 1,913 4% PROFESSIONAL SERVICES 10,000 6,029 - 10,000 0% COMMUNICATIONS 3,000 260 270 2,730 9% TRAVEL 2,500 276 32 2,468 1% RENTAL/LEASE 490 72 61 429 13% REPAIRS/MAINTENANCE 1,500 - - 1,500 0% MISCELLANEOUS 27,268 - 99 27,169 0% 238,644$ 38,445$ 29,242$ 209,402$ 12% OFFICE OF MAYOR SALARIES 192,115$ 30,998$ 31,758$ 160,357$ 17% OVERTIME - - - - 0% BENEFITS 46,170 6,962 7,468 38,702 16% SUPPLIES 2,000 148 51 1,949 3% PROFESSIONAL SERVICES 1,500 - 876 624 58% COMMUNICATION 1,400 85 85 1,315 6% TRAVEL 2,000 - 256 1,744 13% RENTAL/LEASE 2,400 184 378 2,022 16% REPAIR/MAINTENANCE 500 - - 500 0% MISCELLANEOUS 3,000 50 118 2,882 4% 251,085$ 38,426$ 40,990$ 210,095$ 16% HUMAN RESOURCES SALARIES 194,389$ 25,357$ 30,723$ 163,666$ 16% OVERTIME - - - - 0% BENEFITS 59,339 7,897 10,691 48,648 18% SUPPLIES 2,300 532 358 1,942 16% SMALL EQUIPMENT 100 - - 100 0% PROFESSIONAL SERVICES 61,000 5,297 12,138 48,862 20% COMMUNICATIONS 700 30 40 660 6% TRAVEL 500 - - 500 0% ADVERTISING 5,000 311 406 4,594 8% RENTAL/LEASE 2,200 184 378 1,822 17% REPAIR/MAINTENANCE 6,000 - 6,119 (119) 102% MISCELLANEOUS 8,410 72 - 8,410 0% 339,938$ 39,680$ 60,853$ 279,085$ 18% MUNICIPAL COURT SALARIES 500,048$ 74,207$ 78,444$ 421,604$ 16% OVERTIME - - 651 (651) 0% BENEFITS 177,004 24,625 26,402 150,602 15% SUPPLIES 9,400 1,822 1,165 8,235 12% SMALL EQUIPMENT 2,500 - 236 2,264 9% PROFESSIONAL SERVICES 69,000 11,605 8,404 60,596 12% COMMUNICATIONS 2,600 241 260 2,340 10% TRAVEL 2,390 461 - 2,390 0% RENTAL/LEASE 1,070 140 115 955 11% REPAIR/MAINTENANCE 610 281 - 610 0% MISCELLANEOUS 37,250 1,945 1,163 36,087 3% INTERGOVTL SERVICES - - - - 0% 801,872$ 115,326$ 116,841$ 685,031$ 15% EXPENDITURES - GENERAL FUND - BY DEPARTMENT IN DETAIL CITY OF EDMONDS Packet Page 87 of 383 14 Page 2 of 4 Title 2014 Adopted Budget 2/28/2013 Expenditures 2/28/2014 Expenditures Amount Remaining % Spent CITY CLERK SALARIES AND WAGES 307,596$ 50,490$ 47,763$ 259,833$ 16% OVERTIME - - 149 (149) 0% BENEFITS 101,833 15,347 17,185 84,648 17% SUPPLIES 10,237 1,777 1,839 8,398 18% SMALL EQUIPMENT - - - - 0% PROFESSIONAL SERVICES 24,107 1,536 1,286 22,822 5% COMMUNICATIONS 50,000 9,321 8,466 41,534 17% TRAVEL 1,000 - - 1,000 0% ADVERTISING 4,200 978 244 3,956 6% RENTAL/LEASE 20,000 2,655 2,672 17,328 13% REPAIRS & MAINTENANCE 14,300 - 5,085 9,215 36% MISCELLANEOUS 4,000 1,041 766 3,234 19% 537,273$ 83,146$ 85,455$ 451,818$ 16% ADMINISTRATIVE SERVICES SALARIES 771,709$ 129,018$ 118,015$ 653,694$ 15% OVERTIME 6,667 1,045 - 6,667 0% BENEFITS 255,363 37,550 37,700 217,663 15% SUPPLIES 36,036 1,093 8,622 27,414 24% SMALL EQUIPMENT 170,554 7,080 46,962 123,592 28% PROFESSIONAL SERVICES 103,856 25,365 669 103,187 1% COMMUNICATIONS 58,960 7,991 6,252 52,708 11% TRAVEL 1,750 - 6 1,744 0% RENTAL/LEASE 8,904 1,663 1,649 7,255 19% REPAIR/MAINTENANCE 180,986 34,257 69,474 111,512 38% MISCELLANEOUS 10,500 5,744 3,568 6,932 34% MACHINERY/EQUIPMENT 40,000 21,603 - 40,000 0% 1,645,285$ 272,409$ 292,915$ 1,352,370$ 18% CITY ATTORNEY PROFESSIONAL SERVICES 552,900$ 85,261$ 91,316$ 461,584$ 17% MISC PROSECUTOR - - 50 (50) 0% 552,900$ 85,261$ 91,366$ 461,534$ 17% NON-DEPARTMENTAL SALARIES 278,171$ -$ -$ 278,171$ 0% BENEFITS - UNEMPLOYMENT 25,000 2,931 8,481 16,519 34% SUPPLIES 3,000 - - 3,000 0% PROFESSIONAL SERVICES 287,347 32,396 36,743 250,604 13% COMMUNICATIONS - - - - 0% RENTAL/LEASE 3,600 3,600 3,600 - 100% INSURANCE 379,784 395,999 383,906 (4,122) 101% REPAIR & MAINTENANCE - - - - 0% MISCELLANEOUS 55,708 40,065 42,124 13,584 76% INTERGOVT SERVICES 8,236,003 2,012,671 2,071,188 6,164,815 25% ECA LOAN PAYMENT 180,000 - - 180,000 0% EXCISE TAXES 6,452 465 638 5,814 10% INTERFUND TRANSFERS 4,171,087 - - 4,171,087 0% GENERAL OBLIGATION BOND 1,009,066 - - 1,009,066 0% INSTALLMENT PURCHASES 64,654 - - 64,654 0% OTHER DEBT - - - - 0% INTEREST ON LONG-TERM DEBT 153,371 - - 153,371 0% DEBT ISSUANCE COSTS - - 16,481 (16,481) 0% FISCAL AGENT FEES - 478 479 (479) 0% INTERFUND SERVICES 200,000 - - 200,000 0% 15,053,243$ 2,488,604$ 2,563,640$ 12,489,603$ 17% CITY OF EDMONDS EXPENDITURES - GENERAL FUND - BY DEPARTMENT IN DETAIL Packet Page 88 of 383 15 Page 3 of 4 Title 2014 Adopted Budget 2/28/2013 Expenditures 2/28/2014 Expenditures Amount Remaining % Spent POLICE SERVICES SALARIES 5,263,948$ 882,277$ 828,241$ 4,435,707$ 16% OVERTIME 402,456 52,590 63,842 338,614 16% HOLIDAY BUYBACK 201,026 802 - 201,026 0% BENEFITS 1,962,070 296,942 324,614 1,637,456 17% UNIFORMS 56,910 7,134 7,676 49,234 13% SUPPLIES 87,500 11,975 19,811 67,689 23% SMALL EQUIPMENT 15,900 1,077 1,560 14,340 10% PROFESSIONAL SERVICES 114,287 7,587 9,991 104,296 9% COMMUNICATIONS 25,592 2,163 2,544 23,048 10% TRAVEL 14,300 704 732 13,568 5% ADVERTISING 375 36 21 354 6% RENTAL/LEASE 608,688 88,851 100,826 507,862 17% REPAIR/MAINTENANCE 16,115 526 593 15,522 4% MISCELLANEOUS 44,300 7,017 4,272 40,028 10% INTERGOVTL SERVICES 10,237 38,708 5,119 5,119 50% INTERFUND RENTAL - 8,000 - - 0% INTERFUND REPAIRS - - - - 0% 8,823,704$ 1,406,388$ 1,369,842$ 7,453,862$ 16% COMMUNITY SERVICES/ECON DEV. SALARIES 216,742$ 35,623$ 36,136$ 180,606$ 17% BENEFITS 68,668 10,402 11,760 56,908 17% SUPPLIES 1,500 164 188 1,312 13% SMALL EQUIPMENT 800 - - 800 0% PROFESSIONAL SERVICES 141,900 6,905 4,300 137,600 3% COMMUNICATIONS 1,490 204 111 1,379 7% TRAVEL 2,000 - - 2,000 0% ADVERTISING 39,500 - 491 39,009 1% RENTAL/LEASE 2,000 244 378 1,622 19% REPAIR/MAINTENANCE 500 - - 500 0% MISCELLANEOUS 29,000 1,030 783 28,217 3% 504,100$ 54,572$ 54,146$ 449,954$ 11% DEVELOPMENT SERVICES/PLANNING SALARIES 1,255,706$ 188,757$ 178,318$ 1,077,388$ 14% OVERTIME 1,300 25 557 743 43% BENEFITS 459,602 65,901 66,203 393,399 14% UNIFORMS 100 - - 100 0% SUPPLIES 13,100 1,033 1,486 11,614 11% SMALL EQUIPMENT 1,100 - - 1,100 0% PROFESSIONAL SERVICES 265,800 (1,532) 1,391 264,410 1% COMMUNICATIONS 4,600 475 465 4,135 10% TRAVEL 1,600 - - 1,600 0% ADVERTISING 4,000 291 765 3,235 19% RENTAL/LEASE 38,152 5,437 5,889 32,263 15% REPAIRS & MAINTENANCE 500 - - 500 0% MISCELLANEOUS 25,400 2,684 2,277 23,123 9% 2,070,960$ 263,070$ 257,352$ 1,813,608$ 12% ENGINEERING SALARIES 1,203,904$ 166,641$ 170,986$ 1,032,918$ 14% OVERTIME 5,000 - - 5,000 0% BENEFITS 423,053 60,326 66,973 356,080 16% UNIFORMS 360 - - 360 0% SUPPLIES - - - - 0% SMALL EQUIPMENT 2,200 320 1,068 1,132 49% PROFESSIONAL SERVICES 5,000 - - 5,000 0% COMMUNICATIONS 11,220 623 699 10,521 6% TRAVEL 600 - - 600 0% ADVERTISING - 264 - - 0% RENTAL/LEASE 18,492 2,234 3,082 15,410 17% REPAIR/MAINTENANCE 1,800 - 546 1,254 30% MISCELLANEOUS 15,000 1,705 3,329 11,671 22% 1,686,629$ 232,112$ 246,682$ 1,439,947$ 15% CITY OF EDMONDS EXPENDITURES - GENERAL FUND - BY DEPARTMENT IN DETAIL Packet Page 89 of 383 16 Page 4 of 4 Title 2014 Adopted Budget 2/28/2013 Expenditures 2/28/2014 Expenditures Amount Remaining % Spent PARKS & RECREATION SALARIES 1,893,802$ 254,325$ 258,893$ 1,634,909$ 14% OVERTIME 5,000 1,043 765 4,235 15% BENEFITS 664,166 88,710 98,094 566,072 15% UNIFORMS 5,340 720 955 4,385 18% SUPPLIES 114,940 10,134 14,361 100,579 12% SMALL EQUIPMENT 19,250 - 2,796 16,454 15% PROFESSIONAL SERVICES 475,147 23,704 35,837 439,310 8% COMMUNICATIONS 28,818 986 852 27,966 3% TRAVEL 4,545 - - 4,545 0% ADVERTISING 4,300 354 2,797 1,503 65% RENTAL/LEASE 170,019 21,957 25,766 144,253 15% PUBLIC UTILITY 175,000 17,130 14,287 160,713 8% REPAIR/MAINTENANCE 52,524 15,662 19,532 32,992 37% MISCELLANEOUS 87,570 7,137 6,651 80,919 8% MACHINERY/EQUIPMENT - - - - 0% INTERGOVTL SERVICES 70,695 - 5,000 65,695 7% 3,771,116$ 441,862$ 486,587$ 3,284,529$ 13% PUBLIC WORKS SALARIES 250,358$ 40,042$ 41,392$ 208,966$ 17% OVERTIME 200 - - 200 0% BENEFITS 78,450 10,898 12,467 65,983 16% SUPPLIES 7,600 1,097 215 7,385 3% SMALL EQUIPMENT - - - - 0% PROFESSIONAL SERVICES 200 5 5 195 2% COMMUNICATIONS 1,350 95 87 1,263 6% TRAVEL 500 - - 500 0% RENTAL/LEASE 7,740 714 1,040 6,700 13% PUBLIC UTILITY 2,800 390 383 2,417 14% REPAIR/MAINTENANCE 1,000 - - 1,000 0% MISCELLANEOUS 3,900 - 19 3,881 0% 354,098$ 53,241$ 55,607$ 298,491$ 16% FACILITIES MAINTENANCE SALARIES 623,757$ 105,006$ 104,997$ 518,760$ 17% OVERTIME 2,500 - 259 2,241 10% BENEFITS 265,907 32,633 46,771 219,136 18% UNIFORMS 2,500 233 661 1,839 26% SUPPLIES 87,000 4,084 6,781 80,219 8% TRAVEL - - - - 0% SMALL EQUIPMENT 3,000 217 - 3,000 0% PROFESSIONAL SERVICES - - - - 0% COMMUNICATIONS 13,500 1,763 1,776 11,724 13% RENTAL/LEASE 50,060 7,490 8,260 41,800 17% PUBLIC UTILITY 280,000 45,607 45,974 234,026 16% REPAIR/MAINTENANCE 73,500 11,821 12,790 60,710 17% MISCELLANEOUS 2,100 228 986 1,114 47% 1,403,824$ 209,083$ 229,255$ 1,174,569$ 16% TOTAL GENERAL FUND EXPENDITURES 38,034,671$ 5,821,627$ 5,980,774$ 32,053,897$ 16% CITY OF EDMONDS EXPENDITURES - GENERAL FUND - BY DEPARTMENT IN DETAIL Packet Page 90 of 383 17 General Fund Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 1,781,844$ 1,781,844$ 1,704,062$ -4.37% February 3,720,599 1,938,755 6,618,452 77.89% March 5,824,347 2,103,747 10,360,740 77.89% April 8,922,045 3,097,698 15,871,134 77.89% May 16,855,830 7,933,784 29,984,284 77.89% June 18,627,795 1,771,965 33,136,375 77.89% July 20,690,605 2,062,811 36,805,841 77.89% August 22,495,388 1,804,783 40,016,310 77.89% September 24,264,169 1,768,781 43,162,738 77.89% October 27,173,289 2,909,120 48,337,676 77.89% November 34,318,231 7,144,942 61,047,580 77.89% December 36,154,919 1,836,688 64,314,804 77.89% Real Estate Excise Tax Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 74,651$ 74,651$ 92,868$ 24.40% February 120,737 46,087 149,163 23.54% March 181,397 60,660 224,104 23.54% April 256,711 75,314 317,149 23.54% May 323,837 67,125 400,078 23.54% June 398,387 74,550 492,180 23.54% July 483,191 84,805 596,950 23.54% August 578,011 94,819 714,093 23.54% September 666,060 88,049 822,871 23.54% October 768,001 101,941 948,812 23.54% November 837,495 69,494 1,034,667 23.54% December 902,243 64,748 1,114,659 23.54% 2014 City of Edmonds, WA Monthly Revenue Summary-General Fund 2014 City of Edmonds, WA Monthly Revenue Summary-Real Estate Excise Tax 0 8000000 16000000 24000000 32000000 40000000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC General Fund Current Year Budget Prior Year 0 200000 400000 600000 800000 1000000 1200000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Real Estate Excise Tax Current Year Budget Prior Year Packet Page 91 of 383 18 Sales and Use Tax Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 428,831$ 428,831$ 444,169$ 3.58% February 963,323 534,493 998,510 3.65% March 1,363,952 400,629 1,413,772 3.65% April 1,763,418 399,466 1,827,828 3.65% May 2,251,403 487,985 2,333,637 3.65% June 2,687,897 436,495 2,786,075 3.65% July 3,127,170 439,272 3,241,392 3.65% August 3,623,461 496,291 3,755,811 3.65% September 4,086,398 462,937 4,235,657 3.65% October 4,563,331 476,933 4,730,011 3.65% November 5,078,747 515,416 5,264,253 3.65% December 5,525,609 446,862 5,727,437 3.65% Gas Utility Tax Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 113,876$ 113,876$ 103,199$ -9.38% February 239,319 125,442 198,165 -17.20% March 342,980 103,661 284,000 -17.20% April 436,459 93,479 361,404 -17.20% May 512,262 75,803 424,172 -17.20% June 565,759 53,498 468,470 -17.20% July 607,696 41,937 503,195 -17.20% August 638,725 31,029 528,888 -17.20% September 666,716 27,990 552,065 -17.20% October 696,005 29,289 576,318 -17.20% November 746,459 50,453 618,095 -17.20% December 819,286 72,827 678,399 -17.20% 2014 City of Edmonds, WA Monthly Revenue Summary-Sales and Use Tax 2014 City of Edmonds, WA Monthly Revenue Summary-Gas Utility Tax 0 1000000 2000000 3000000 4000000 5000000 6000000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Sales and Use Tax Current Year Budget Prior Year 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 Current Year Budget Prior Year Packet Page 92 of 383 19 Telephone Utility Tax Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 126,925$ 126,925$ 120,158$ -5.33% February 249,682 122,757 248,366 -0.53% March 386,065 136,384 384,032 -0.53% April 499,602 113,536 496,970 -0.53% May 645,057 145,456 641,659 -0.53% June 768,223 123,165 764,176 -0.53% July 895,235 127,013 890,520 -0.53% August 1,037,189 141,953 1,031,725 -0.53% September 1,143,101 105,912 1,137,080 -0.53% October 1,286,698 143,597 1,279,920 -0.53% November 1,381,314 94,616 1,374,038 -0.53% December 1,544,793 163,479 1,536,656 -0.53% Electric Utility Tax Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 158,918$ 158,918$ 175,072$ 10.16% February 320,172 161,254 352,390 10.06% March 475,954 155,782 523,849 10.06% April 631,990 156,035 695,586 10.06% May 774,898 142,908 852,874 10.06% June 885,438 110,541 974,538 10.06% July 991,385 105,947 1,091,146 10.06% August 1,087,004 95,619 1,196,387 10.06% September 1,187,503 100,499 1,306,999 10.06% October 1,274,792 87,289 1,403,072 10.06% November 1,383,012 108,220 1,522,181 10.06% December 1,490,394 107,382 1,640,369 10.06% 2014 City of Edmonds, WA Monthly Revenue Summary-Telephone Utility Tax 2014 City of Edmonds, WA Monthly Revenue Summary-Electric Utility Tax 0 200000 400000 600000 800000 1000000 1200000 1400000 1600000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Telephone Utility Tax Current Year Budget Prior Year 0 200000 400000 600000 800000 1000000 1200000 1400000 1600000 1800000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Electric Utility Tax Current Year Budget Prior Year Packet Page 93 of 383 20 Meter Water Sales Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 429,754$ 429,754$ 489,005$ 13.79% February 729,586 299,832 828,145 13.51% March 1,147,622 418,036 1,302,653 13.51% April 1,435,683 288,061 1,629,627 13.51% May 1,858,183 422,500 2,109,202 13.51% June 2,169,885 311,702 2,463,011 13.51% July 2,657,881 487,996 3,016,929 13.51% August 3,086,188 428,307 3,503,095 13.51% September 3,680,575 594,387 4,177,777 13.51% October 4,108,457 427,882 4,663,461 13.51% November 4,610,786 502,330 5,233,649 13.51% December 4,924,500 313,714 5,589,741 13.51% Storm Water Sales Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 210,362$ 210,362$ 216,037$ 10.16% February 663,443 453,081 680,744 10.06% March 874,097 210,654 896,891 10.06% April 1,061,161 187,064 1,088,833 10.06% May 1,272,188 211,026 1,305,363 10.06% June 1,459,452 187,265 1,497,511 10.06% July 1,671,872 212,419 1,715,469 2.61% August 2,138,683 466,812 2,194,454 2.61% September 2,356,833 218,149 2,418,292 2.61% October 2,549,604 192,771 2,616,090 2.61% November 2,766,495 216,890 2,838,637 2.61% December 2,959,725 193,230 3,036,906 2.61% 2014 City of Edmonds, WA Monthly Revenue Summary-Meter Water Sales 2014 City of Edmonds, WA Monthly Revenue Summary-Storm Water Sales 0 1000000 2000000 3000000 4000000 5000000 6000000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Meter Water Sales Current Year Budget Prior Year 0 1000000 2000000 3000000 4000000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Storm Water Sales Current Year Budget Prior Year Packet Page 94 of 383 21 Unmeter Sewer Sales Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 434,795$ 434,795$ 479,087$ 10.19% February 786,497 351,702 860,724 9.44% March 1,218,216 431,719 1,333,186 9.44% April 1,568,380 350,165 1,716,398 9.44% May 2,004,398 436,018 2,193,565 9.44% June 2,358,600 354,202 2,581,195 9.44% July 2,803,274 444,674 3,067,835 9.44% August 3,161,173 357,899 3,459,511 9.44% September 3,614,263 453,090 3,955,362 9.44% October 3,973,096 358,833 4,348,060 9.44% November 4,416,998 443,903 4,833,856 9.44% December 4,773,750 356,752 5,224,277 9.44% City of Edmonds, WA Monthly Revenue Summary-Unmeter Sewer Sales 2014 0 1000000 2000000 3000000 4000000 5000000 6000000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Unmeter Sewer Sales Current Year Budget Prior Year Packet Page 95 of 383 22 General Fund Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 4,009,028$ 4,009,028$ 4,116,199$ 2.67% February 6,714,409 2,705,381 5,980,774 -10.93% March 9,576,561 2,862,152 8,530,199 -10.93% April 12,966,981 3,390,420 11,550,172 -10.93% May 15,134,867 2,167,886 13,481,189 -10.93% June 18,629,693 3,494,826 16,594,160 -10.93% July 22,061,266 3,431,574 19,650,790 -10.93% August 24,775,159 2,713,893 22,068,155 -10.93% September 28,317,988 3,542,829 25,223,884 -10.93% October 30,840,079 2,522,092 27,470,405 -10.93% November 33,646,604 2,806,525 29,970,281 -10.93% December 38,034,671 4,388,067 33,878,895 -10.93% Non-Departmental Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 2,592,498$ 2,592,498$ 2,396,214$ -7.57% February 3,249,690 657,192 2,563,640 -21.11% March 4,182,350 932,661 3,299,405 -21.11% April 5,646,125 1,463,774 4,454,158 -21.11% May 5,835,669 189,544 4,603,687 -21.11% June 7,652,733 1,817,064 6,037,147 -21.11% July 9,067,397 1,414,664 7,153,158 -21.11% August 9,599,953 532,556 7,573,285 -21.11% September 11,244,410 1,644,457 8,870,576 -21.11% October 11,726,200 481,791 9,250,655 -21.11% November 12,238,400 512,200 9,654,723 -21.11% December 15,053,243 2,814,843 11,875,318 -21.11% 2014 City of Edmonds, WA Monthly Expenditure Report-General Fund 2014 City of Edmonds, WA Monthly Expenditure Report-Non-Departmental 0 5000000 10000000 15000000 20000000 25000000 30000000 35000000 40000000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC General Fund Current Year Budget Prior Year 0 2000000 4000000 6000000 8000000 10000000 12000000 14000000 16000000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Non-Departmental Current Year Budget Prior Year Packet Page 96 of 383 23 City Council Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 17,436$ 17,436$ 14,710$ -15.64% February 37,196 19,760 29,242 -21.38% March 56,930 19,734 44,756 -21.38% April 74,661 17,731 58,696 -21.38% May 91,717 17,056 72,105 -21.38% June 111,368 19,651 87,553 -21.38% July 133,849 22,481 105,227 -21.38% August 154,203 20,355 121,229 -21.38% September 171,728 17,524 135,006 -21.38% October 193,996 22,268 152,513 -21.38% November 214,250 20,254 168,436 -21.38% December 238,644 24,394 187,613 -21.38% Office of Mayor Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 21,493$ 21,493$ 19,866$ -7.57% February 42,845$ 21,353$ 40,990 -4.33% March 63,933$ 21,088$ 61,165 -4.33% April 84,211$ 20,278$ 80,564 -4.33% May 104,565$ 20,354$ 100,037 -4.33% June 125,279$ 20,714$ 119,853 -4.33% July 146,686$ 21,408$ 140,334 -4.33% August 167,273$ 20,586$ 160,028 -4.33% September 187,312$ 20,039$ 179,200 -4.33% October 209,955$ 22,643$ 200,862 -4.33% November 231,093$ 21,138$ 221,085 -4.33% December 251,085$ 19,992$ 240,211 -4.33% 2014 City of Edmonds, WA Monthly Expenditure Report-City Council 2014 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 Current Year Budget Prior Year 0 50000 100000 150000 200000 250000 300000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Office of Mayor Current Year Budget Prior Year Packet Page 97 of 383 24 Human Resources Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 25,061$ 25,061$ 27,275$ 8.83% February 51,053 25,992 60,853 19.20% March 82,419 31,366 98,240 19.20% April 110,761 28,342 132,023 19.20% May 139,685 28,924 166,500 19.20% June 166,246 26,560 198,159 19.20% July 194,102 27,857 231,363 19.20% August 219,449 25,347 261,575 19.20% September 250,557 31,107 298,654 19.20% October 277,186 26,630 330,396 19.20% November 301,236 24,050 359,062 19.20% December 339,938 38,702 405,193 19.20% Municipal Court Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 59,240$ 59,240$ 58,367$ -1.47% February 125,452 66,212 116,841 -6.86% March 193,525 68,074 180,243 -6.86% April 262,436 68,911 244,423 -6.86% May 327,513 65,077 305,034 -6.86% June 396,410 68,897 369,202 -6.86% July 459,812 63,402 428,252 -6.86% August 527,281 67,468 491,090 -6.86% September 590,660 63,379 550,119 -6.86% October 658,527 67,868 613,328 -6.86% November 725,443 66,915 675,651 -6.86% December 801,872 76,429 746,834 -6.86% 2014 City of Edmonds, WA Monthly Expenditure Report-Human Resources 2014 City of Edmonds, WA Monthly Expenditure Report-Municipal Court 0 100000 200000 300000 400000 500000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Human Resources Current Year Budget Prior Year 0 100000 200000 300000 400000 500000 600000 700000 800000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Municipal Court Current Year Budget Prior Year Packet Page 98 of 383 25 Community Services/Economic Development Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 31,228$ 31,228$ 24,299$ -22.19% February 79,858 48,630 54,146 -32.20% March 120,498 40,640 81,701 -32.20% April 160,175 39,677 108,603 -32.20% May 202,169 41,994 137,076 -32.20% June 238,460 36,292 161,683 -32.20% July 289,258 50,797 196,125 -32.20% August 325,255 35,997 220,532 -32.20% September 363,564 38,309 246,507 -32.20% October 405,237 41,673 274,762 -32.20% November 441,049 35,812 299,043 -32.20% December 504,100 63,051 341,794 -32.20% City Clerk Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 39,751$ 39,751$ 40,227$ 1.20% February 81,417 41,666 85,455 4.96% March 128,867 47,450 135,258 4.96% April 170,636 41,769 179,098 4.96% May 217,171 46,535 227,942 4.96% June 257,997 40,826 270,792 4.96% July 303,101 45,105 318,133 4.96% August 347,896 44,795 365,150 4.96% September 395,264 47,368 414,867 4.96% October 442,040 46,776 463,963 4.96% November 489,440 47,400 513,714 4.96% December 537,273 47,833 563,919 4.96% 2014 City of Edmonds, WA Monthly Expenditure Report-Community Services/Economic Development 2014 City of Edmonds, WA Monthly Expenditure Report-City Clerk 0 100000 200000 300000 400000 500000 600000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Community Services/Economic Development Current Year Budget Prior Year 0 100000 200000 300000 400000 500000 600000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC City Clerk Current Year Budget Prior Year Packet Page 99 of 383 26 Information Services Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 64,335$ 64,335$ 58,589$ -8.93% February 144,552 80,218 139,016 -3.83% March 210,044 65,492 202,000 -3.83% April 270,577 60,533 260,215 -3.83% May 331,379 60,802 318,688 -3.83% June 386,283 54,904 371,489 -3.83% July 435,056 48,773 418,394 -3.83% August 479,932 44,876 461,552 -3.83% September 532,834 52,903 512,428 -3.83% October 596,181 63,346 573,349 -3.83% November 674,806 78,626 648,963 -3.83% December 836,856 162,050 804,807 -3.83% Finance Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 76,488$ 76,488$ 130,464$ 70.57% February 146,752 70,263 153,899 4.87% March 212,713 65,961 223,072 4.87% April 274,608 61,895 287,982 4.87% May 335,512 60,905 351,853 4.87% June 406,136 70,624 425,916 4.87% July 470,869 64,733 493,801 4.87% August 528,622 57,753 554,367 4.87% September 592,790 64,168 621,661 4.87% October 665,109 72,319 697,502 4.87% November 735,415 70,306 771,232 4.87% December 808,429 73,014 847,802 4.87% 2014 City of Edmonds, WA Monthly Expenditure Report-Information Services 2014 City of Edmonds, WA Monthly Expenditure Report-Finance 0 100000 200000 300000 400000 500000 600000 700000 800000 900000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Information Services Current Year Budget Prior Year 0 100000 200000 300000 400000 500000 600000 700000 800000 900000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Finance Current Year Budget Prior Year Packet Page 100 of 383 27 City Attorney Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 46,075$ 46,075$ 32,000$ -30.55% February 92,150 46,075 91,366 -0.85% March 138,225 46,075 137,048 -0.85% April 184,300 46,075 182,731 -0.85% May 230,375 46,075 228,414 -0.85% June 276,450 46,075 274,097 -0.85% July 322,525 46,075 319,780 -0.85% August 368,600 46,075 365,462 -0.85% September 414,675 46,075 411,145 -0.85% October 460,750 46,075 456,828 -0.85% November 506,825 46,075 502,511 -0.85% December 552,900 46,075 548,194 -0.85% Police Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 694,882$ 694,882$ 681,573$ -1.92% February 1,396,622 701,740 1,369,842 -1.92% March 2,108,393 711,771 2,067,965 -1.92% April 2,804,149 695,756 2,750,380 -1.92% May 3,483,403 679,254 3,416,610 -1.92% June 4,223,467 740,064 4,142,483 -1.92% July 4,932,348 708,881 4,837,772 -1.92% August 5,640,636 708,288 5,532,479 -1.92% September 6,383,596 742,960 6,261,193 -1.92% October 7,086,641 703,045 6,950,757 -1.92% November 8,044,679 958,038 7,890,425 -1.92% December 8,823,704 779,025 8,654,512 -1.92% 2014 City of Edmonds, WA Monthly Expenditure Report-City Attorney 2014 City of Edmonds, WA Monthly Expenditure Report-Police 0 100000 200000 300000 400000 500000 600000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC City Attorney Current Year Budget Prior Year 0 1000000 2000000 3000000 4000000 5000000 6000000 7000000 8000000 9000000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Police Current Year Budget Prior Year Packet Page 101 of 383 28 Development Services Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 170,276$ 170,276$ 126,887$ -25.48% February 340,092 169,817 257,352 -24.33% March 531,051 190,959 401,852 -24.33% April 697,374 166,322 527,710 -24.33% May 862,135 164,761 652,387 -24.33% June 1,021,496 159,361 772,977 -24.33% July 1,188,307 166,811 899,205 -24.33% August 1,364,813 176,506 1,032,769 -24.33% September 1,536,033 171,219 1,162,333 -24.33% October 1,720,704 184,671 1,302,075 -24.33% November 1,892,427 171,723 1,432,020 -24.33% December 2,070,960 178,533 1,567,118 -24.33% Parks & Recreation Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 241,205$ 241,205$ 237,608$ -1.49% February 506,543 265,338 486,587 -3.94% March 789,900 283,357 758,782 -3.94% April 1,064,350 274,449 1,022,419 -3.94% May 1,352,419 288,069 1,299,139 -3.94% June 1,692,292 339,874 1,625,623 -3.94% July 2,126,300 434,008 2,042,533 -3.94% August 2,556,813 430,513 2,456,086 -3.94% September 2,881,981 325,168 2,768,444 -3.94% October 3,166,611 284,630 3,041,861 -3.94% November 3,427,357 260,745 3,292,334 -3.94% December 3,771,116 343,759 3,622,550 -3.94% 2014 City of Edmonds, WA Monthly Expenditure Report-Development Services 2014 City of Edmonds, WA Monthly Expenditure Report-Parks & Recreation 0 400000 800000 1200000 1600000 2000000 2400000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Development Services Current Year Budget Prior Year 0 500000 1000000 1500000 2000000 2500000 3000000 3500000 4000000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Parks & Recreation Current Year Budget Prior Year Packet Page 102 of 383 29 Public Works Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 29,205$ 29,205$ 27,811$ -4.77% February 57,374 28,169 55,607 -3.08% March 85,998 28,624 83,349 -3.08% April 113,676 27,678 110,175 -3.08% May 142,297 28,621 137,914 -3.08% June 171,373 29,077 166,095 -3.08% July 210,538 39,164 204,053 -3.08% August 238,755 28,217 231,401 -3.08% September 266,891 28,136 258,671 -3.08% October 296,178 29,287 287,056 -3.08% November 322,670 26,492 312,732 -3.08% December 354,098 31,428 343,192 -3.08% Facilities Maintenance Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 109,605$ 109,605$ 118,162$ 7.81% February 227,993 118,389 229,255 0.55% March 355,993 127,999 357,962 0.55% April 468,307 112,315 470,898 0.55% May 582,514 114,207 585,737 0.55% June 695,288 112,773 699,135 0.55% July 808,084 112,796 812,555 0.55% August 916,730 108,647 921,803 0.55% September 1,037,456 120,725 1,043,196 0.55% October 1,143,462 106,006 1,149,789 0.55% November 1,263,956 120,494 1,270,950 0.55% December 1,403,824 139,868 1,411,591 0.55% 2014 City of Edmonds, WA Monthly Expenditure Report-Public Works 2014 City of Edmonds, WA Monthly Expenditure Report-Facilities Maintenance 0 50000 100000 150000 200000 250000 300000 350000 400000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Public Works Current Year Budget Prior Year 0 200000 400000 600000 800000 1000000 1200000 1400000 1600000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Facilities Maintenance Current Year Budget Prior Year Packet Page 103 of 383 30 Engineering Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 141,328$ 141,328$ 122,149$ -13.57% February 284,851 143,523 246,682 -13.40% March 425,519 140,668 368,501 -13.40% April 566,539 141,021 490,626 -13.40% May 705,064 138,525 610,589 -13.40% June 842,371 137,307 729,497 -13.40% July 980,085 137,714 848,759 -13.40% August 1,118,739 138,654 968,833 -13.40% September 1,262,413 143,675 1,093,256 -13.40% October 1,412,650 150,236 1,223,362 -13.40% November 1,552,007 139,357 1,344,046 -13.40% December 1,686,629 134,622 1,460,629 -13.40% City of Edmonds, WA Monthly Expenditure Report-Engineering 2014 0 200000 400000 600000 800000 1000000 1200000 1400000 1600000 1800000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Engineering Current Year Budget Prior Year Packet Page 104 of 383 31 INVESTMENT PORTFOLIO SUMMARY (a) Term Purchase Purchase Maturity / Call **Yield to Weighted Agency / Issuer Investment Type (months) Date Price Date Maturity Average Washington State Local Government Investment Pool Investment Pool Various 26,707,394$ Various 0.11% 0.058% Snohomish County Investment Pool Investment Pool Various 10,008,878$ Various 0.79% 0.162% Opus Bank Certificate of Deposit 24 9/17/2012 500,000 9/17/2014 0.60% 0.006% FHLMC Bonds 60 12/28/2012 1,000,000 3/28/2014 **0.90% 0.019% FHLMC Bonds 54 12/27/2012 1,000,000 3/27/2014 **0.75% 0.015% FFCB Bonds 45 12/19/2012 1,000,000 3/31/2014 **0.54% 0.011% US Bank Checking Account Checking 8,321,787 TOTAL 48,538,059$ 0.27%0.271% Investment Mix % of Total State Investment Pool 55.0% Current 6-month treasury rate 0.08% Certificate of Deposit 1.0% Current State Pool rate 0.11% Bonds 6.2% Blended Edmonds rate 0.27% 62.2% (a) To maturity. Summary City of Edmonds Investment Portfolio Summary As of February 28, 2014 Packet Page 105 of 383 32 GENERAL FUND OVERVIEW 12/31/2013 1/31/2014 2/28/2014 Q1 YTD 001-General Fund 4,691,540$ 2,017,560$ 5,329,219$ -$ 637,679$ 009-Leoff-Medical Ins. Reserve 440,744 411,088 373,559 - (67,185) 011-Risk Management Fund 387,195 387,195 387,195 - - 012 - Contingency Reserve Fund 5,410,691 5,412,434 5,414,055 - 3,364 013-Mulitmodal Transportation FD 55,859 55,859 55,859 - - 014-Historic Preservation Gift Fund 1,061 1,062 1,062 - 1 016-Building Maintenance 64,762 64,762 251,949 - 187,187 Total General Fund 11,051,852$ 8,349,961$ 11,812,898$ -$ 761,046$ GENERAL FUND FUND BALANCES CHANGE IN FUND BALANCES ---- ACTUAL -------- ACTUAL ---- $11.05 $8.35 $11.81 - 2 4 6 8 10 12 14 16 Dec 2013 Jan 2014 Feb 2014 Mi l l i o n s Series1 General Fund *Please note that these revenues and expenses occur within annual cycles. This Interim Report is not adjusted for accruals or those annual cycles. The beginning fund balances for 2014 are preliminary, these will be updated after the completion of the 2013 Financial Statements. Packet Page 106 of 383 33 GOVERNMENTAL FUNDS OVERVIEW 12/31/2013 1/31/2014 2/28/2014 Q1 YTD General Fund 11,051,852$ 8,349,961$ 11,812,898$ -$ 761,046$ Special Revenue 5,059,835 4,191,233 5,931,164 - 871,328 Debt Service 57,162 57,177 57,192 - 30 Total Governmental Funds 16,168,849$ 12,598,371$ 17,801,253$ -$ 1,632,404$ CHANGE IN FUND BALANCESGOVERNMENTAL FUNDS FUND BALANCES ---- ACTUAL -------- ACTUAL ---- $11.05 $8.35 $11.81 $5.06 $4.19 $5.93 $0.06 $0.06 $0.06 - 2 4 6 8 10 12 14 16 Dec 2013 Jan 2014 Feb 2014 Mi l l i o n s General Fund Special Revenue Debt Service Governmental Fund Balances-By Fund GroupGovernmental Fund Balances-By Fund Group $16.17 $12.60 $17.80 - 6 12 18 24 Dec 2013 Jan 2014 Feb 2014 Mi l l i o n s Governmental Fund Balances -Combined *Please note that these revenues and expenses occur within annual cycles. This Interim Report is not adjusted for accruals or those annual cycles. The beginning fund balances for 2014 are preliminary, these will be updated after the completion of the 2013 Financial Statements. Packet Page 107 of 383 34 SPECIAL REVENUE FUNDS OVERVIEW 12/31/2013 1/31/2014 2/28/2014 Q1 YTD 104 - Drug Enforcement Fund 91,432$ 106,527$ 108,041$ -$ 16,609$ 111 - Street Fund 114,160 57,757 68,734 - (45,426) 112 - Combined Street Const/Improve 469,376 (694,906) 1,058,994 - 589,618 117 - Municipal Arts Acquis. Fund 431,932 431,482 429,785 - (2,146) 118 - Memorial Street Tree 17,703 17,708 17,714 - 11 120 - Hotel/Motel Tax Revenue Fund 97,790 102,256 106,785 - 8,995 121 - Employee Parking Permit Fund 61,719 69,991 70,162 - 8,443 122 - Youth Scholarship Fund 13,858 13,595 13,600 - (259) 123 - Tourism Promotional Fund/Arts 67,447 68,985 70,498 - 3,052 125 - Real Estate Tax 2 1,008,585 1,191,607 1,142,391 - 133,806 126 - Real Estate Excise Tax 1 667,585 760,452 814,247 - 146,663 127 - Gifts Catalog Fund 225,677 236,918 243,516 - 17,839 129 - Special Projects Fund 15,289 15,289 (2,180) - (17,469) 130 - Cemetery Maintenance/Improvement 70,202 75,326 69,954 - (248) 132 - Parks Construction Fund 718,446 747,593 727,569 - 9,124 136 - Parks Trust Fund 150,334 150,383 150,428 - 93 137 - Cemetery Maintenance Trust Fund 836,286 837,982 839,182 - 2,896 138 - Sister City Commission 2,014 2,289 1,742 - (272) Total Special Revenue 5,059,835$ 4,191,233$ 5,931,164$ -$ 871,328$ GOVERNMENTAL Special Revenue FUND BALANCES CHANGE IN FUND BALANCES ---- ACTUAL -------- ACTUAL ---- $5.06 $4.19 $5.93 - 1 2 3 4 5 6 7 8 Dec 2013 Jan 2014 Feb 2014 Mi l l i o n s Special Revenue Special Revenue Funds *Please note that these revenues and expenses occur within annual cycles. This Interim Report is not adjusted for accruals or those annual cycles. The beginning fund balances for 2014 are preliminary, these will be updated after the completion of the 2013 Financial Statements. Packet Page 108 of 383 35 ENTERPRISE FUNDS OVERVIEW 12/31/2013 1/31/2014 2/28/2014 Q1 YTD 421 - Water Utility Fund 12,392,158$ 12,688,945$ 12,520,303$ -$ 128,145$ 422 - Storm Utility Fund 8,580,756 8,077,117 8,985,334 - 404,578 423 - Sewer/WWTP Utility Fund 37,354,098 36,918,346 37,591,611 - 237,513 424 - Bond Reserve Fund 843,959 843,959 843,959 - - 411 - Combined Utility Operation - 20,108 38,805 - 38,805 Total Enterprise Funds 59,170,972$ 58,548,475$ 59,980,014$ -$ 809,042$ ENTERPRISE FUNDS FUND BALANCES CHANGE IN FUND ---- ACTUAL -------- ACTUAL ---- $38,805 $12,520,303 $8,985,334 $37,591,611 $843,959 $- $10,000,000 $20,000,000 $30,000,000 $40,000,000 $50,000,000 Combined Utility Water Utility Storm Utility Sewer/WWTP Utility Bond Reserve Enterprise Fund Balances as of February 28, 2014 *Please note that these revenues and expenses occur within annual cycles. This Interim Report is not adjusted for accruals or those annual cycles. The beginning fund balances for 2014 are preliminary, these will be updated after the completion of the 2013 Financial Statements. Packet Page 109 of 383 36 SUMMARY OVERVIEW 12/31/2013 1/31/2014 2/28/2014 Q1 YTD Governmental Funds 16,168,849$ 12,598,371$ 17,801,253$ -$ 1,632,404$ Enterprise Funds 59,170,972 58,548,475 59,980,014 - 809,042 Internal Services Fund 6,516,553 6,842,861 6,611,129 - 94,576 Agency Funds 247,178 263,263 264,219 - 17,041 Total City-wide Total 82,103,552$ 78,252,970$ 84,656,614$ -$ 2,553,062$ CITY-WIDE FUND BALANCES ---- ACTUAL ---- CHANGE IN FUND BALANCES ---- ACTUAL ---- $11,812,898 $108,041 $68,734 $1,058,994 $429,785 $17,714 $106,785 $70,162 $13,600 $70,498 $1,142,391 $814,247 $243,516 $69,954 $727,569 $150,428 $839,182 $1,742 $8,744 $47,951 $496 $6,611,129 $179,219 $84,999 $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 2012 LTGO Debt Service Fund Equipment Rental Fund Firemen's Pension Fund Business Improvement District Governmental Fund Balances as of February 28, 2014 (-$2,180) *Please note that these revenues and expenses occur within annual cycles. This Interim Report is not adjusted for accruals or those annual cycles. The beginning fund balances for 2014 are preliminary, these will be updated after the completion of the 2013 Financial Statements. Packet Page 110 of 383 37 INTERNAL SERVICE FUNDS OVERVIEW 12/31/2013 1/31/2014 2/28/2014 Q1 YTD 511 - Equipment Rental Fund 6,516,553$ 6,842,861$ 6,611,129$ -$ 94,576$ Total Internal Service Funds 6,516,553$ 6,842,861$ 6,611,129$ -$ 94,576$ INTERNAL SERVICE FUNDS FUND BALANCES CHANGE IN FUND BALANCES ---- ACTUAL -------- ACTUAL ---- $6.52 $6.84 $6.61 - 2 4 6 8 Dec 2013 Jan 2014 Feb 2014 Mi l l i o n s 511 - Equipment Rental Fund Internal Service Fund Balances *Please note that these revenues and expenses occur within annual cycles. This Interim Report is not adjusted for accruals or those annual cycles. The beginning fund balances for 2014 are preliminary, these will be updated after the completion of the 2013 Financial Statements. Packet Page 111 of 383    AM-6715     1. F.              City Council Committee Meetings Meeting Date:04/08/2014 Time:15 Minutes   Submitted For:Council President Buckshnis Submitted By:Jana Spellman Department:City Council Review Committee: Finance Committee Action:  Type: Information  Information Subject Title Continued discussion regarding cost to have the minutes of the Public Safety/Personnel and Parks, Planning, and Public Works taped and transcribed. Recommendation Previous Council Action 4/11/2014 Council Meeting:  The Finance Committee discussed this item (minutes attached). Narrative During a number of Committee Meetings, questions have arisen regarding the degree of context in meeting minutes.  In years past, the Finance Committee minutes were either not being taken or not being transcribed correctly so the Finance Committee currently uses a minute taker/transcriber to prepare those minutes. In previous years, all Council Committee minutes were prepared by staff members that attended meetings and action minutes were taken. It has been suggested that Ms. Jeanie Dines, who takes the Council Meeting minutes, prepare minutes for the Parks/Planning/Public Works and Public Safety Personnel Committees by transcribing those meetings from digital recordings. Depending on the length and the subject matter of the meeting, for every hour recorded it can take up to 1.5 to 1.75 hours to transcribe. The rate for Ms. Dines to complete the transcription is $33 per hour (flat fee) times the hours required to transcribe.  To transcribe non-complication subject matters it takes approximately 1.5 hours for every hour of recording time.  For complicated subject matters it takes approximately 1.75 hours for every hour of recording time. Cost Example: Non-complicated subject matters: 1 hour recording x 1.5 hrs. to transcribe x $33 hourly rate =$49.50 Complicated subject matters:       1 hour recording x 1.75 hrs. to transcribe x $33 hourly rate = $57.75 The cost to transcribe from digital recordings rises or declines depending on the length of the meeting.  Verbatim transcription may also cause costs to rise. The total hours for both the PPP and PS/P Committee meetings in 2013 was 31.60. If one uses the total hours for transcribing of the PPP and PS/P Committee meetings, the estimate cost for 2014 may be: Non-complicated transcription for both committees:  31.60 hrs.  x 1.5 hrs. for transcription x $33 =   $1,564.20 Complicated transcription for both committees:         31.60 hrs. x 1.75 hrs. for transcription x $33 per hr. = $1,824.90 If you average together complicated and non-complicated transcription amounts:  $1,564.20 and $1,824.90 divided by 2, an estimated cost  could be $1,694.55 for 2014. A second approach as suggested in the attached memo from the City Clerk is the taping of minutes and not transcribing word Packet Page 112 of 383 for word and the cost would be approximately $2,000. In the book by Anne Macfarlane Mastering Council Meetings (page 26-29) she states that summary minutes are sufficient for committee meetings as committee minutes should capture the “governing bodies” actions. If more detail is desired or a dispute arises the “who said or what” can be attained from the public via the electronic record. Fiscal Impact Fiscal Year:2014 Revenue: Expenditure:$1,694.55 Fiscal Impact: The estimated cost for transcription of the PS/PPP Committee meeting minutes may wax or wane depending on the following:  difficulty of subject matter, length of meetings and/or request for verbatim transcription. The Council Professional Services budget line item would be used to pay for these costs.  Currently, that budget line item has a balance of $10,000.  Attachments Attach 1: 2013 Length of PPP - PS-P Committee Meetings  Attach 2: Passey Suggest for Summary Minutes Attach 3: Approved 01-07-14 Minutes Attach 4: Summary 01-07-14 Minutes Attach 5: 3-11-14 Finance Committee Minutes Form Review Inbox Reviewed By Date City Clerk Scott Passey 04/03/2014 09:56 AM Mayor Dave Earling 04/03/2014 11:21 AM Finalize for Agenda Scott Passey 04/03/2014 11:33 AM Form Started By: Jana Spellman Started On: 03/21/2014 03:37 PM Final Approval Date: 04/03/2014  Packet Page 113 of 383 2013 Length of Meetings for Parks/Planning/Public Works and Public Safety/Personnel Committees 2013 PPP Committee 2013 PP/S Committee Date Meeting Length Meeting Length Jan .4 .2 Feb 1.5 1.5 Mar .8 1.7 Apr 2.0 1.1 May 1.4 1.0 June 1.5 .6 July 1.2 2.1 Aug 1.9 2.5 Sept 1.7 1.9 Oct 1.9 No adjournment time in minutes. Nov 2.0 .5 Dec 1.0 1.2 Total 17.3 14.3 Avg 1.4 1.3 Prepared by Jeanie Dines Packet Page 114 of 383 Date: February 28, 2014 To: Edmonds City Council From: Scott Passey, City Clerk Subject: Council meeting minutes In a culture where citizens demand a greater level of openness and transparency from their elected officials, Edmonds is among many cities that record their Council meetings and make them available for online viewing. At the same time, many cities have abandoned the practice of producing detailed meeting minutes in favor of producing action or summary minutes. In an era of limited budgets and emphasis on financial sustainability, it is difficult for many cities to justify the expense of producing detailed minutes when the audio/video record is already available. City councils and staff members alike see detailed minutes as a wasteful attempt to duplicate what is already in the record. Action or summary minutes are sufficient to accurately capture a governing body’s actions because the purpose of minutes is to preserve a record of “what happened”, as opposed to “what was said”. If more detail is desired, or if a dispute arises about “who said what to whom”, the public can immediately avail themselves of the electronic record. Recently, staff received an inquiry about the possibility of audio-recording Council committee meetings and hiring the City’s minutes-writer to produce more detailed minutes. Rather than devoting more resources to minutes, I recommend the Council consider recording its committee meetings and posting them to the City website. Then, the minutes can be produced in an abbreviated form -- either action or summary minutes. Given the collective cost and time to produce, review, edit, and approve the weekly minutes, all done by the staff, Council, and the public, the City could save countless hours and thousands of dollars each year by switching to summary minutes. For comparison purposes, I have attached a copy of the Council’s January 7, 2014 Approved Minutes (21 pages), along with a summary version (9 pages). The estimated startup cost to record Council committee meetings is approximately $2,000, which would cover the cost to purchase three (3) digital audio recorders. Staff could be trained to record the meetings and upload the files to the City website the following day. By switching to summary minutes for all Council meetings, the startup cost could be recovered in the first six months of implementation by the reduction in hourly fees for minutes-writing. However, the more significant benefit to the City is greater transparency as well as a long-term savings of time and money. A more comprehensive discussion in support of summary minutes can be found on pages 26-29 in the book Mastering Council Meetings, by Ann Macfarlane. MEMORANDUM Packet Page 115 of 383 EDMONDS CITY COUNCIL APPROVED MINUTES January 7, 2014 The Edmonds City Council meeting was called to order at 6:30 p.m. by Mayor Earling in the Council Chambers, 250 5th Avenue North, Edmonds. ELECTED OFFICIALS PRESENT Dave Earling, Mayor Lora Petso, Councilmember Strom Peterson, Councilmember Joan Bloom, Councilmember Kristiana Johnson, Councilmember Adrienne Fraley-Monillas, Councilmember Diane Buckshnis, Councilmember ALSO PRESENT Thea Ocfemia, Student Representative STAFF PRESENT Stephen Clifton, Community Services/Economic Development Director Phil Williams, Public Works Director Roger Neumaier, Finance Director Carrie Hite, Parks & Recreation Director Jeff Taraday, City Attorney Scott Passey, City Clerk Jana Spellman, Senior Executive Council Asst. Jeannie Dines, Recorder 1. ROLL CALL City Clerk Scott Passey called the roll. All elected officials were present. 2. CONVENE IN EXECUTIVE SESSION REGARDING COLLECTIVE BARGAINING PER RCW 42.30.140(4)(b) At 6:37 p.m., Mayor Earling announced that the City Council would meet in executive session regarding collective bargaining per RCW 42.30.140(4)(b). He stated that the executive session was scheduled to last approximately 30 minutes and would be held in the Jury Meeting Room, located in the Public Safety Complex. No action was anticipated to occur as a result of meeting in executive session. Elected officials present at the executive session were: Mayor Earling, and Councilmembers Johnson, Fraley-Monillas, Buckshnis, Peterson, Petso and Bloom. Others present were City Attorney Jeff Taraday, Police Chief Al Compaan, Assistant Police Chief Jim Lawless, and City Clerk Scott Passey. The executive session concluded at 6:48 p.m. Mayor Earling reconvened the regular City Council meeting at 7:03 p.m. and led the flag salute. 3. ADMINISTRATION OF OATH OF OFFICE TO NEWLY ELECTED OFFICIALS Snohomish County Councilmember Stephanie Wright administered the oath of office to Councilmember Fraley-Monillas. Mayor Earling administered the oath of office to Councilmembers Peterson and Johnson. 4. APPROVAL OF AGENDA Packet Page 116 of 383 COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER PETERSON, TO APPROVE THE AGENDA IN CONTENT AND ORDER. MOTION CARRIED UNANIMOUSLY. 5. APPROVAL OF CONSENT AGENDA ITEMS COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER PETERSON, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: A. APPROVAL OF CITY COUNCIL MEETING MINUTES OF DECEMBER 17, 2013 B. APPROVAL OF CLAIM CHECKS #206030 THROUGH #206167 DATED DECEMBER 19, 2013 FOR $504,268.61 AND CLAIM CHECKS #206168 THROUGH #206316 DATED DECEMBER 31, 2013 FOR $1,166,526.79. APPROVAL OF PAYROLL DIRECT DEPOSIT AND CHECKS #60710 THROUGH #60724 FOR $446,416.70, BENEFIT CHECKS #60708, #60725 THROUGH #60731 AND WIRE PAYMENTS OF $191,180.66 FOR THE PERIOD DECEMBER 1, 2013 THROUGH DECEMBER 15, 2013. APPROVAL OF PAYROLL DIRECT DEPOSIT AND CHECKS #60732 THROUGH #60745 FOR $453,567.56, BENEFIT CHECKS #60746 THROUGH #60757 AND WIRE PAYMENTS OF $376,791.95 C. ACKNOWLEDGE RECEIPT OF CLAIMS FOR DAMAGES FROM KYLE BLACKWELL ($1,172.81), JACK LANUM (AMOUNT UNDETERMINED), AND CLAIRE HEDMAN ($1,791.12) D. APPROVAL OF WSLCB DECEMBER 2013 LIQUOR LICENSE RENEWALS E. RESOLUTION THANKING COUNCILMEMBER LORA PETSO FOR HER SERVICE AS COUNCIL PRESIDENT F. APPROVAL OF BOND COUNSEL CONTRACT FOR AUTHORIZED REFUNDING OF UTGO BONDS G. AUTHORIZATION FOR MAYOR TO EXECUTE CONTRACT WITH PIONEER CABLE, INC. IN THE AMOUNT OF $201,598 FOR THE CITYWIDE SAFETY IMPROVEMENTS PROJECT AND AUTHORIZE A $22,400 MANAGEMENT RESERVE FOR CHANGES OR UNFORESEEN CONDITIONS DURING CONSTRUCTION 6. SELECTION OF COUNCIL PRESIDENT FOR 2014 Mayor Earling read the procedures for election of the Council President: Edmonds City Code Section 1.02.031 states the City Council shall elect a Council President and Council President Pro Tem at the first Council meeting of each year. Unless the Council adopts a motion directing an alternative procedure, nominations and elections of these offices will be conducted by the City Council’s customary voice vote process. First, he will call for nominations. No Councilmember may nominate more than one person for a given office until every member wishing to nominate a candidate has had an opportunity to do so. Nominations do not require a second. After nominations are closed, he will call for the vote in the order nominations were made. As soon as a nominee receives four votes, he will declare the Council President elected and no votes will be taken on the remaining nominees. In the event a vote on any candidate results in a 3-3 tie, he has been advised by the City Attorney that he is entitled to break the tie pursuant to RCW 35.A.12.100. Following the election of the Council President, he will conduct the election of the Council President Pro Tem in the same manner. Packet Page 117 of 383 Councilmember Petso suggested not using the voice vote procedure but rather elect a new Council President by ballot because under the voice vote procedure which an email from the City Attorney indicated would apply unless the Council passed a motion authorizing a different procedure, voting will be in the order of the nominations and would require Councilmembers to vote against the first candidate nominated if they supported the second candidate nominated. She preferred the Council not vote against any nominee but rather vote by ballot. According to Roberts Rules, voting by voice is used when an election is not strongly contested and in her estimation, this has been a contested election. Further, it is not generally a suitable method for electing the officers of organized societies and she considered the City Council to be an organized society. COUNCILMEMBER PETSO MOVED, SECONDED BY COUNCILMEMBER BLOOM, TO ELECT THE COUNCIL PRESIDENT FOR 2014 BY BALLOT. UPON ROLL CALL, THERE WAS A TIE VOTE (3-3), COUNCILMEMBERS BLOOM, FRALEY-MONILLAS, PETSO AND VOTING YES; AND COUNCILMEMBERS BUCKSHNIS, JOHNSON, AND PETERSON VOTING NO. Mr. Taraday advised Mayor Earling could vote to break the tie. MAYOR EARLING VOTED NO, AND THE MOTION FAILED (3-4). COUNCILMEMBER PETSO NOMINATED ADRIENNE FRALEY-MONILLAS FOR THE POSITION OF COUNCIL PRESIDENT FOR 2014. COUNCILMEMBER PETERSON NOMINATED DIANE BUCKSHNIS FOR THE POSITION OF COUNCIL PRESIDENT FOR 2014. There were no further nominations. Councilmember Petso explained during her term as Council President, she owed thanks to many people including Councilmember Fraley-Monillas who participated in Monday meetings with her and Mayor Earling to discuss the upcoming Council meeting. Councilmember Fraley-Monillas performed her duties during 2013 in an outstanding manner and should be the next Council President. Councilmember Peterson commented although any Councilmember was qualified and deserving of the position of Council President, he had great confidence in Councilmember Buckshnis’ ability to work well with administration, staff and other Councilmembers. Having served as Council President himself, he was aware the relationship between the administration and Council was crucial. Although he had confidence in Councilmember Fraley-Monillas’ abilities, he felt Councilmember Buckshnis could lead the Council in 2014 in a very positive manner. Councilmember Bloom relayed her reasons for supporting Councilmember Fraley-Monillas as Council President; first, the custom established by Council that the Council President tends to be the most senior person on the Council who had not been Council President previously and typically the Council President Pro Tem was elected as Council President. Additionally, Councilmember Bloom explained in her two years on Council, Councilmember Fraley-Monillas has always responded to her requests to discuss issues, listened attentively to her opinions, never lectured or maligned her or criticized her position on any issues, has been respectful and supportive even when they disagreed, and she has been very generous with her time to assist her in understanding processes and issues. Finally, Councilmember Bloom recognized the stress Councilmember Fraley-Monillas experienced running for office while serving on the Council, made especially stressful because Mayor Earling chose to endorse and actively support the candidate who was running in opposition to her. Despite this, Councilmember Fraley-Monillas demonstrated a high degree of professionalism, integrity and an Packet Page 118 of 383 astounding amount of grace in the face of the attacks from the opposition. Councilmember Bloom summarized Councilmember Fraley-Monillas would be an excellent leader for the Council and for all those reasons deserved to be appointed the new Council President. UPON ROLL CALL, NOMINATION OF ADRIENNE FRALEY-MONILLAS FOR THE POSITION OF COUNCIL PRESIDENT FOR 2014 RESULTED IN A TIE VOTE (3-3); COUNCILMEMBERS BLOOM, FRALEY-MONILLAS, AND PETSO VOTING YES; COUNCILMEMBERS BUCKSHNIS, JOHNSON AND PETERSON VOTING NO. UPON ROLL CALL, NOMINATION OF DIANE BUCKSHNIS FOR THE POSITION OF COUNCIL PRESIDENT FOR 2014 RESULTED IN A TIE VOTE (3-3); COUNCILMEMBERS BUCKSHNIS, JOHNSON AND PETERSON VOTING YES; COUNCILMEMBERS BLOOM, FRALEY-MONILLAS, AND PETSO VOTING NO. Mr. Taraday advised Mayor Earling could vote to break the tie. Mayor Earling explained his primary interest was a fully functioning government. If there were differences on the Council, he was hopeful the sides could be brought together for a more positive working environment. MAYOR EARLING VOTED IN FAVOR OF DIANE BUCKSHNIS, AND THE NOMINATION OF DIANE BUCKSHNIS FOR THE POSITION OF COUNCIL PRESIDENT FOR 2014 CARRIED (4- 3). City Clerk Scott Passey announced Diane Buckshnis was elected Council President for a one year term ending with the first meeting in 2015. 7. SELECTION OF COUNCIL PRESIDENT PRO TEM FOR 2014 COUNCILMEMBER FRALEY-MONILLAS NOMINATED LORA PETSO FOR THE POSITION OF COUNCIL PRESIDENT PRO TEM FOR 2014. COUNCIL PRESIDENT BUCKSHNIS NOMINATED KRISTIANA JOHNSON FOR THE POSITION OF COUNCIL PRESIDENT PRO TEM FOR 2014. There were no further nominations. UPON ROLL CALL, NOMINATION OF LORA PETSO FOR THE POSITION OF COUNCIL PRESIDENT PRO TEM FOR 2014 RESULTED IN A TIE VOTE (3-3); COUNCILMEMBERS BLOOM, FRALEY-MONILLAS, AND PETSO VOTING YES; COUNCIL PRESIDENT BUCKSHNIS AND COUNCILMEMBERS JOHNSON AND PETERSON VOTING NO. Councilmember Petso relayed she was remiss in failing to nominate Councilmember Bloom; based on seniority and Councilmembers who had not yet served in a Council leadership role, Councilmember Bloom would be ahead of Councilmember Johnson. Council President Buckshnis recalled the issue of seniority was researched last year and there is nothing in the code that addresses seniority. UPON ROLL CALL, NOMINATION OF KRISTIANA JOHNSON FOR THE POSITION OF COUNCIL PRESIDENT PRO TEM FOR 2014 RESULTED IN A TIE VOTE (3-3); COUNCIL PRESIDENT BUCKSHNIS AND COUNCILMEMBERS JOHNSON AND PETERSON VOTING YES; COUNCILMEMBERS BLOOM, FRALEY-MONILLAS, AND PETSO VOTING NO. Mr. Taraday advised Mayor Earling could vote to break the tie. Packet Page 119 of 383 MAYOR EARLING VOTED IN FAVOR OF KRISTIANA JOHNSON, AND THE NOMINATION OF KRISTIANA JOHNSON FOR THE POSITION OF COUNCIL PRESIDENT PRO TEM FOR 2014 CARRIED (4-3). City Clerk Scott Passey announced Kristiana Johnson was elected Council President Pro Tem for a one year term ending with the first meeting in 2015. 8. APPOINTMENT OF COMMITTEE REPRESENTATIVES FOR 2014 Committee Representative Parks, Planning, & Public Works Councilmember Bloom and Position #6 Finance Committee Councilmembers Petso (Chair) and Johnson Public Safety and Personnel Committee Councilmembers Peterson and Fraley-Monillas Citywide Parking Committee Position #6 and Councilmember Peterson Community Technology Advisory Committee Position #6 Community Transit Mayor Earling and Council President Buckshnis (Alt) Disability Board (Appointed by Mayor) Economic Development Commission Councilmembers Johnson and Peterson Highway 99 Task Force Councilmembers Fraley-Monillas and Johnson Historic Preservation Advisory Commission Councilmembers Petso and Johnson Lake Ballinger Work Group Councilmember Peterson Lodging Tax Advisory Committee Position #6 PFD Oversight Committee Councilmember Petso PFD Task Force Councilmembers Peterson and Petso Port of Edmonds Councilmember Bloom Regional Fire Authority Councilmembers Peterson and Petso and Mayor Earling SeaShore Transportation Forum Position #6 Snohomish County Emergency Radio System Governing Board Councilmember Peterson SNOCOM Position #6 Snohomish Health District Councilmember Fraley-Monillas Snohomish County Tomorrow Council President Buckshnis and Councilmember Johnson (Alt) Salmon Recovery – WRIA-8 Council President Buckshnis Tree Board Liaison Councilmember Bloom Council President Buckshnis advised the Finance Committee meetings will be moved back to the Jury Room. 9. RESOLUTION APPOINTING A COUNCILMEMBER TO THE SNOHOMISH COUNTY HEALTH DISTRICT BOARD COUNCIL PRESIDENT BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER PETERSON, TO ADOPT RESOLUTION 1311, APPOINTING COUNCILMEMBER FRALEY- MONILLAS TO THE SNOHOMISH COUNTY HEALTH DISTRICT BOARD. MOTION CARRIED UNANIMOUSLY. 10. RESOLUTION APPOINTING A REPRESENTATIVE AND ALTERNATE TO THE SNOHOMISH COUNTY PUBLIC TRANSPORTATION BENEFIT AREA CORPORATION Packet Page 120 of 383 Councilmember Petso observed the alternate last year was Councilmember Johnson and asked why it had been changed. Council President Buckshnis responded it was changed at Councilmember Johnson’s request. COUNCILMEMBER PETERSON MOVED, SECONDED BY COUNCIL PRESIDENT BUCKSHNIS, TO APPROVE RESOLUTION 1312, APPOINTING MAYOR EARLING AS THE REPRESENTATIVE AND COUNCIL PRESIDENT BUCKSHNIS AS THE ALTERNATE TO THE SNOHOMISH COUNTY PUBLIC TRANSPORTATION BENEFIT AREA CORPORATION. MOTION CARRIED UNANIMOUSLY. 11. AUDIENCE COMMENTS Jim Hendricks, Edmonds, a resident on Sunset Avenue, relayed the residents on Sunset Avenue support the new walkway but would like to have further discussion regarding its construction. He suggested removing the sidewalk on the east side to widen the right-of-way and keep all pedestrian traffic on the new walkway on the west side and bicycles on the east side away from pedestrians. The current situation makes it difficult for residents to enter/exit their driveways. He questioned the survey that was done, relaying a recent survey he had done found 80% of the sidewalk is on his property. He summarized Sunset Avenue is a beautiful place and everyone should have an opportunity to enjoy it in a safe manner. Dave Page, Edmonds, expressed concern with the dissention on the Council. He hoped the Council could work together for a better Edmonds and stop the sibling rivalry. 12. PRESENTATION OF RESOLUTION THANKING COUNCILMEMBER LORA PETSO FOR HER SERVICE AS COUNCIL PRESIDENT Councilmember Buckshnis presented Resolution 1310 thanking Councilmember Petso for her service as Council President during 2013. Councilmember Petso thanked everyone who assisted during her term as Council President which includes some members of the public, City staff and Council. She gave particular thanks to Councilmember Fraley-Monillas who was a model Council President Pro Tem; she did not interfere unnecessarily but was there for her when she needed assistance. She also thanked Senior Council Assistant Jana Spellman for her assistance. She echoed Mr. Page’s comments regarding the importance of the Council working together and ensuring the guiding principle of Council decisions is what is best for the City. 13. UPDATE FROM THE EDMONDS SISTER CITY COMMISSION Michelle Van Tassell, Chair, Sister City Commission (SCC), relayed the Commission has had a very full, fun-filled, busy 2013. She introduced Michelle Rockstead, Student Representative. Ms. Van Tassell described highlights of 2013: • Organization and Programs o Rita Ikeda – Vice Chair o Three vacancies o Student Representative: Michelle Rockstead • Hosted 37 member adult delegation from Hekinan, Japan, marking 25 year anniversary of Sister City relationship o Cultural Fair o Halloween Celebration o Tour of Edmonds Community College International Program Packet Page 121 of 383 o Tour of Swedish Hospital Cancer Center o Tour of Boeing o Friendship Dinner (over 200 current and past local supporters of the Sister City program) o Afternoon at Gallagher’s – brewed, bottled and labeled commemorative beer • Assisted in recruiting, interviewing and hiring of new Assistant English Teacher (AET) • Outreach o Edmonds Historical Museum o Friends of Edmonds Library o Chamber of Commerce o Both Rotary Clubs o Floretum Garden Club o Olympic Ballet • 2014 Planning o Student delegation July/August o Cultural Event o Funds building Council President Buckshnis thanked the Sister City Commission for the great time the Hekinan delegation had this year. She acknowledged the receipt of a very nice letter from the Commission thanking her and her husband for their donation. SCC Student Representative Michelle Rockstead explained her plans are to get more people involved with the SCC especially student volunteers and assisting with the student delegation going to Hekinan in July and the student delegation from Hekinan in August. She also plans to develop a slideshow to assist with recruiting student volunteers and future student representatives and making connections with student volunteers, especially Kamiak High School students. Mayor Earling commented on his participation in the adult delegation to Hekinan and with the delegation that visited Edmonds from Hekinan, noting the SCC is an extraordinary working committee. He thanked the SCC for the remarkable work they do. Councilmember Johnson thanked the SCC for a wonderful cultural exchange, remarking she was not sure whether she enjoyed the Halloween party or the Friendship Dinner more. Ms. Van Tassell advised there are three openings on the SCC. She agreed the SCC had nine very strong, dedicated and devoted Commissioners. She recognized Beth Ferman and Kay Vreeland in the audience. 14. PLANNING BOARD QUARTERLY REPORT Planning Board Member Val Stewart advised she is the outgoing Vice Chair; Todd Cloutier is the 2014 Chair and Neil Tibbott is the Vice Chair. The Planning Board meets on the second and fourth Wednesday of each month at 7:00 p.m. in Council Chambers unless otherwise noted. Meetings are open to the public and citizens are highly encouraged to attend so that concerns and comments are addressed early on and incorporated into the Planning Board’s discussions before making recommendations to City Council. The Planning Board is a group of volunteer citizens who review findings, research, conduct public hearings and discuss matters related to land use. The Planning Board serves in an advisory capacity to the Mayor and City Council in regional and local planning issues and ultimately forwards recommendations to the City Council for consideration. Ms. Stewart provided highlights of recent meetings: 1. Public Hearing on Capital Facilities Plan (CFP) Element update for 2014-2019 to City’s Comprehensive Plan and the Capital Improvement Program for 2014-2019 (9/25/13). Packet Page 122 of 383 • CFP is mandated by GMA and is intended to identify longer-term capital needs (not maintenance) to implement the City’s level of service standards and growth projection. The Capital Improvement Plan (CIP) is used as a budgeting tool and includes both capital and maintenance projects. • Proposed updates in the CFP include improvements, additions, upgrades or extensions of City infrastructure such as transportation, parks, and stormwater along with other public facilities necessary to implement the City’s Comprehensive Plan. • Planning Board recommended that these two plans be forwarded to Council for consideration and a public hearing was held before Council in November. 2. Work session and public hearing on whether to include a definition of “reasonable economic” use within the City’s Critical Area Regulations (9/25/13, 11/13/13). • Council adopted Interim Ordinance 3931 in July which deleted the definition of “reasonable economic use” from the Critical Areas Ordinance (CAO). • Planning Board recommended the first sentence in the definition be retained as it provides some direction to property owners by telling them that the applicable state and federal constitutional provisions would apply. • The City intends to hire a consulting team to thoroughly review the City’s existing CAO and its consistency with BAS and current State policies at the end of this year. 3. Two work sessions on proposed amendments to Title 23 of the Edmonds Community Development Code to bring the Critical Area Regulations into consistency with Best Available Science (9/25/13, 11/13/13). • Discussed potential buffer enhancement in exchange for allowing development within the already developed footprint and within areas physically separated and functionally isolated from the critical area. • Held a public hearing on a Council adopted interim ordinance (8/14/13) followed by a lengthy discussion (08/28/13). Purpose of the interim ordinance was to bring existing CAO into more consistent compliance with the Best Available Science (BAS) Report that was developed with the 2004 CAO Update. • In light of two pending projects, a conflict in language between the BAS and the CAO was discovered. The discrepancy had to do with how development in previously developed buffers is characterized in the BAS Report which talks about “developed footprint;” whereas the CAO limits it to “structures” as opposed to “development within a previously developed footprint.” • Discussion topics included development thresholds, definitions, enhancement ratios and enhancement requirements (such as stormwater and low-impact development and planting and/or removal of vegetation to promote wildlife habitat restoration) as well as monitoring performance and maintenance of enhancement installations. • The overall intent of the CAO is to allow minor improvements in exchange for improving the situation through enhancement over time. The interim ordinance expires after six months, and the proposed amendments would make the changes permanent until the next CAO review. • The City updates its CAO in 2015 as required by GMA. In the meantime, Planning Board is continuing its discussions and will return to Council with recommendations on specific language for the proposed amendment to the CAO based on the interim ordinance under review. 4. Public Hearing on proposal to limit certain office uses from locating in business spaces along designated ground floor street frontages within the Downtown Business (BD1-Downtown Retail Core) Zone (10/9/13). • In June 2011, after extensive discussions, the Planning Board forwarded recommendations to Council limiting uses on the ground floor of designated street fronts in the BD-1 zones. Aspects of this proposal had been first considered by City Council and then by the Economic Development Commission, over the past two plus years. Planning Board recommendations Packet Page 123 of 383 have been forwarded to Council along with a notation to specifically consider the 90-day vs 180-day timeframe for nonconformance. • Public hearing tonight following this report, to allow any additional public comment for Council consideration. 5. Study session and public hearing regarding AT&T Mobility and the Busch Law Firm’s application to amend the Edmonds Community Development Code (10/9/13, 12/11/13). • This addresses the legal status of existing wireless communication facilities that were built prior to and just after adoption of Edmonds’ original wireless ordinance. AT&T Mobility brought this specific site issue forward at the August 14, 2013 Planning Board meeting. A wireless facility located on a downtown building is currently unpermitted. • After reviewing all possible alternatives, AT&T Mobility was advised to apply for a code amendment to allow legal nonconformity of the existing facility at that site. • A public hearing was held on clarifications to Wireless Telecommunication Facilities regulations in ECDC 20.50 and 17.40.020. The public hearing was extended to January 8. 6. Discussion on potential issues related to I-502 (Cannabis) implementation in Edmonds (10/913). • On August 20, City Council adopted Ordinance 3938, establishing an immediate emergency moratorium on all marijuana related business activities. The moratorium expires in February. • The issue is divided into two categories: medical marijuana and recreational marijuana. The purpose of the moratorium is to allow the Washington State Liquor Control Board an opportunity to complete its rule-making for the licensing of such uses and to allow the City to study the secondary land-use impacts and come up with appropriate regulations when the state starts issuing licenses for the production, processing and retail sales of recreational marijuana this spring. Edmonds was allocated two recreational marijuana retail sales locations. • City Council discussed marijuana issues on September 3 and asked Planning Board to continue working on this issue. Planning Board discussed related issues at October 9 meeting. • Planning Board will have another work session on 1-502 Implementation on January 8, and a public hearing is scheduled for February 12. 7. Park Update Report (10/23/13) • Parks and Recreation/Cultural Services Director Carrie Hite reported on the progress of the Parks, Recreation, and Open Space Plan (PROS). The City hired MIG, Inc. to assist staff in updating the PROS Plan as well as the Community Cultural Plan; work started June 2013. The consultants visited all of the parks, recreation, and cultural facilities and programs, particularly noting their condition and capacity. Consultant also reviewed the City’s current operating and capital funding for parks. A Needs Assessment was created along with geographic mapping to determine Level of Service. There has been extensive public process. • A team was assembled, including many citizens, to provide input and guidance which has culminated in a draft that is now in the 60 day review period. It is currently posted on the website for comment before being finalized in February. Board member Lovell and Stewart are on PROS team. The goal is to have the plan finalized and adopted by March 1. There will be a public hearing first before Planning Board and then before City Council. 8. Reviewed Park Naming Policy (10/23/13) • Ms. Hite provided research from numerous jurisdictions to inform discussion. Board is reviewing specific language in the Park Naming Policy and striving to come up with more clear guidelines that include cultural services and recreation facilities. Naming rights with conditional dollar donations were also discussed. Current policy for Park Naming involves the public, Planning Board and City Council. Changes to the Park Naming Policy require a public hearing before the Board and a recommendation to City Council. • City Council is scheduled to hold a public hearing on January 22. 9. Two Work sessions on Westgate plan and form based code. (11/13/13, 12/11/13) Packet Page 124 of 383 • Presentations and discussions of the Westgate Plan started in 2012. Two more work sessions occurred in November and December of 2013. • Purpose of work sessions was for the Board to review the overall approach proposed by staff and provide feedback on three sets of plans and code changes: o Comprehensive Plan Changes o Code Changes to Implement the Westgate Study o Design Standards for the Westgate Mixed Use District • A public hearing on the Westgate Plan and Form Based Code is tentatively scheduled for February 12, 2014. Ms. Stewart offered special thanks to an exceptional staff and directors who work very hard to carry out the direction of the Council and Mayor who also give so much of their time, energy, and expertise to ensure Edmonds has an economically and environmentally sustainable future for all sectors of the population. She also thanked the citizens of Edmonds for their participation, noting without their input the City would not be aware of their needs and desires and therefore would not be motivated to act on them. She urged citizens to continue to be involved and attend Planning Board meetings. Council President Buckshnis expressed her appreciation for the work done by the Planning Board. She was hopeful there would be more collaboration this year to avoid issues becoming stalled. Councilmember Johnson thanked the Planning Board for providing the Council a quarterly report. She also thanked Ms. Stewart for her service as the Planning Board Vice Chair. 15. PUBLIC HEARING AND POSSIBLE ACTION ON PLANNING BOARD RECOMMENDATION TO LIMIT CERTAIN OFFICE USES FROM LOCATING IN BUSINESS SPACES ALONG DESIGNATED GROUND FLOOR STREET FRONTAGES WITHIN DOWNTOWN BUSINESS (BD1 - DOWNTOWN RETAIL CORE) ZONE (FILE NO. AMD20130013) Community Services/Economic Development Director Stephen Clifton explained this proposal has been discussed by the City Council, Planning Board and Edmonds Economic Development Commission (EDC) since early 2011. The Planning Board packet contains six documents related to a proposal to limit certain office uses (primarily by appointment businesses) along designated ground level street frontages, the first 45 feet measured from the sidewalk or open space (plaza/park, etc.) within the Edmonds Downtown Core or BD1 Zone: 1. A document entitled, “Creating Economic Vitality - An Edmonds City Center That Is Economically Strong, Thriving, Lively and Social” that addresses limiting certain office uses in ground floor street frontages within the BD1 zone. The overview of the proposal contains a summary, introduction, and references to City documents, and various reasons cited by Roger Brooks for supporting the proposal. 2. A Chronology of Events (2.75 year long process) with links to agendas and minutes 3. A map depicting the boundaries of the BD1 Zone 4. An inventory Cindi Cruz and he conducted in response to a May 13, 2013 meeting with owners of property within the BD1 Zone 5. Minutes from the November 4, 2013 City Council meeting and October 9, 2013 and September 11, 2013 Planning Board meeting. 6. Comments from four individuals supporting the proposal (two own property within the BD1 Zone). Mr. Clifton explained this issue has been raised in part as a result of past conversations with property owners and some leasing agents and in looking at what other cities are doing to create a stronger retail/entertainment core. Additionally, the concept or goal of creating a stronger retail core in Edmonds goes back to at least 2006. Goal 2, Policy 2i of the 2006 adopted Edmonds Economic Development Plan Packet Page 125 of 383 states: “Create synergy for commercial businesses where possible, for example, by implementing a “retail core” area in the downtown.” Another way to phrase this is how does our community open up more opportunities for retail, dining, specialty shops, entertainment venues and galleries within a concentrated area? Downtown land use goals and strategies for many downtown areas incorporate four prominent themes: A Central Gathering Place; Sense of Place; Connectivity; and Density (varying degrees). To achieve these objectives, downtowns need economic development/vitality, safety, housing, businesses, and tourism; a vibrant open door retail/service core helps advance these objectives. With regard to a Central Gathering Place, Mr. Clifton explained retail/restaurants/and open door service uses, particularly independently owned, add to Edmonds’ distinctiveness because it is the most visible element within the downtown core of Edmonds. Edmonds’ unique downtown character is defined by the diversity and concentration of complimentary commercial uses that generate pedestrian activity and a lively social environment that, in turn, sustain a mix of uses. Creation of a critical mass of this type of activity also helps to increase the drawing power of the central area commercial retail sector. By appointment office uses have the ability and flexibility to open in more locations within commercial areas; uses such as retail stores, restaurants, art galleries, etc., have limited business spaces/stock and thrive best when there is a concentration of similar uses. This message is consistent with information provided by Mr. Brooks in November 2012 when he spoke about the “20 ingredients of an Outstanding Downtown.” Two of those ingredients relate to how clustering of like-businesses works and the power in critical mass. Mr. Brooks pointed out a City can spend millions of dollars on beautification, public parking, street trees, facade improvements, and a host of other amenities, but while this helps improve the physical environment, a downtown can still be lifeless. What makes a downtown work as a community center and gathering place is what's happening inside the buildings. A beautiful streetscape with no street activity is often due the lack of businesses along the streetscape that attract people. With regard to public safety/less activity, Mr. Clifton commented office uses typically close in the early evenings and weekends, thus creating less lively and darker streetscapes. The resulting impression of the area is that it is not inviting, thriving, interesting, or friendly to walk around. A healthy retail core is also important for maintaining safe streets in central cities. According to Crime Prevention through Environmental Design (CPTED), businesses on the ground floor provide “eyes on the street” and deter criminal activity. Retail, restaurants, art galleries, etc., stay open for longer periods of time than office uses, thus providing more activity on the street beyond 5:00 or 6:00 p.m. This proposal is expected over time to help create a more concentrated “festival retail” environment that does not close up at 5:00 or 6:00 p.m., a downtown core that invites people to hang out and enjoy the environment later into the evening whether it’s for shopping, dining, drinking, or attending other events. Retail/restaurants/galleries/service uses can also help stimulate housing and business development within downtown areas as they often provide essential services to city residents. This can be partially attributed to the vibrancy that these uses add to downtown streets. With regard to tourism, a strong retail/restaurant/gallery/entertainment core helps attract shoppers and tourists. Tourists invest significant amounts of money into city, county and state economies; in fact, tourism is the fourth largest industry in Washington State. Within Snohomish County, tourism is the third largest industry and expenditures are concentrated on restaurants, retail stores, recreation and entertainment, accommodations and groceries. Tourism supports businesses and their employees. Downtown Edmonds is home to many independent retailers and restaurants, so when tourists are shopping downtown, they are supporting the growth of smaller independent businesses. Conversely, Packet Page 126 of 383 negative fluctuations in the retail market, e.g. absence of a critical mass, can result in vacant storefronts thus affecting the street environment and eventually weakening the vitality of the downtown core. Therefore, retail/active service uses are a critical part of sustaining the health of downtowns. A city and business community can help and should orchestrate the business mix – expressing support to establish a retail/dining/entertainment or “festival retail” core helps guide the types of businesses to recruit. This applies to the City, Chamber, Landlords and Leasing Agents. If there is no concerted effort to fill spaces with certain uses, there is less incentive/motivation to search for the types of activities or businesses that would help increase the drawing power of the central area commercial retail sector. It can sometimes be easier to lease to a tenant that will not add to the commercial vitality of the retail/restaurant/art gallery/boutique/service business core. Mr. Clifton referred to the 20 ingredients of an outstanding downtown cited by Mr. Brooks, highlighting ingredients that tie directly to this proposal: • Nearly all begin with a plan • Defining a strong brand and retail focus • Starting with a demonstration project • Developing gathering places • Sidewalks and cafes and dining • Investing heavily in retail beautification (Paint the Town) • Activities and entertainment Mr. Clifton highlighted significant milestones in the chronology: • Proposal unanimously supported by the EDC on June 13, 2013 • Hosted two meetings with owners of property within the BD1 Zone (5/13/13 and 9/4/13) o At May 13 meeting, preliminary support was expressed by several individuals and others wanted to discuss this issue further; no one expressed opposition to the proposal. o A request was made for the City to conduct an inventory of what businesses currently exist along designated ground level street frontages in the Edmonds downtown core which was prepared and presented at the second meeting with property owners o At September 4 meeting, property owners were given an opportunity to ask questions. No statements opposed to the proposal were made and general support was expressed by those attending the meeting Mr. Clifton provided Roger Brooks’ Ten Ten Ten Rule: in a minimum of 3 lineal blocks there needs to be ten places that sell food, ten places that serve as destination retail, and ten places open after 6:00 p.m. Mr. Clifton reviewed similar provisions in other cities such as Kirkland; Escondido, California; Minneapolis; Encinitas, California; Walnut Creek, California; and San Luis Obispo, California, to restrict service office/uses within the retail core. Mr. Clifton referred to an inventory of downtown Edmonds that identifies businesses that would be impacted by the proposal. He clarified this proposal does not require any existing business to leave. Only when owners choose to vacate certain business spaces would the business spaces need to be filled with an allowable use. Owners would have the ability to fill the vacated space with a use similar to the one that left, if it is done within 180 days or six months from the date a space is vacated. On September 11, and October 9, 2013, the Planning Board conducted a workshop and public hearing respectively. The table in Attachment 1 reflects staff’s proposal as well as the Planning Board’s proposed amendments. During the November 4, 2013 City Council meeting, an overview of the proposal was presented and the Council asked questions about the proposal. During that meeting, he presented language Packet Page 127 of 383 in Section 16.43.010.B that addressed issues related to buildings such as 543 Main Street that have multiple tenants on the first floor, but only one entrance: Exception to the BD1 GSFS - The owner of a building in the BD1 zone may apply for an exception from the restrictions on offices and medical uses within the designated street front for leasable space meeting all of the following criteria: 1. The space is less the 500 square feet; 2. The space does not contain direct access to the street or sidewalk; 3. The previous use was a nonconforming use (e.g. not retail); and 4. The space has been vacant for a period of more than six months. On November 4, 2013 the City Council discussed the Planning Board’s recommendation to support the proposal and requested a public hearing be scheduled as soon as possible. Mr. Clifton referred to questions he has received related to real estate offices. He clarified real estate offices are an allowed use under this proposal. Councilmember Fraley-Monillas asked Mr. Clifton to explain why real estate offices are an allowed use. She visits Walnut Creek annually and finds it very walkable and inviting. Mr. Clifton commented Walnut Creek has branded their core, The Walnut Street Collection. With regard to real estate offices, Mr. Clifton explained some cities allow them and some do not; real estate offices are considered a walk-in type business. The intent of this proposal is to allow open door, walk-in businesses in the core. Mayor Earling opened the public participation portion of the public hearing. Dave Page, Edmonds, described his plans eight years ago to move his real estate, mortgage, escrow and building companies downtown first by leasing space in Old Milltown and later an offer to purchase Old Milltown. He eventually did not purchase Old Milltown because the cost of remodeling was too high. Had he purchased Old Milltown, his offices would be located there today. Fred Gouge, Edmonds, a licensed real estate broker with Coldwell Banker at 5th & Main, explained Coldwell Banker has a lot of walk-in clientele. They inform people about Edmonds, distribute maps, support many community events, generate revenue, and spend thousands each month advertising and marketing Edmonds. As a commercial broker, one of the properties he leased would no longer be an allowed use. He encouraged the Council to consider the impact on property owners of changing the allowed uses. He also commented on the effect moving service businesses to the upper floor stories or outside the core would have on seniors as many of the second floors in downtown core buildings are not ADA accessible. Wayne Purser, Edmonds, a local realtor at Coldwell Banker Bain at 108 5th Avenue South, commented their location downtown provides a sense of local community. As a real estate company, they provide community knowledge for people buying and selling real estate and inform about market trends, local schools, etc. They distribute approximately 2,000-3,000 maps of Edmonds downtown and waterfront businesses. They also distribute the Guide to Edmonds, host a Halloween Extravaganza the Sunday before Halloween that brings 150-200 people to Edmonds, Halloween pictures, Santa photos, and provide free wall space for artists for the Third Thursday Art Walk. Many agents volunteer at community events including manning the buses for the Taste of Edmonds, volunteer for non-profits, the Sister City Commission, Edmonds Community Foundation, Floretum Garden Club Board, Petanque Club and Edmonds in Bloom. For these reasons, he supported real estate offices as an allowed use in the downtown core. Greg Hoff, Edmonds, advised he attended Mr. Clifton’s informational meeting and was generally supportive of the proposal. He commented on the importance of balancing the City’s needs with the needs Packet Page 128 of 383 and desires of property owners. Changing allowed uses via regulations is not necessarily fair to all property owners who have invested a great deal in their income properties. He pointed out if the regulations result in lower lease rates, it was similar to a tax on the property owner and an unintended consequence. He agreed real estate offices were a walk-in, 24/7 Chamber of Commerce for the City. He owns property in the BD1 zone that is leased to a real estate company; the 75 people who work there live, work and play in Edmonds and in 2013 generated over $260 million in real estate transactions and $4.6 million in REET. Don Hall, Edmonds, referred to a photograph he emailed to the Council of a bank that located in a large retail space at the corner of 34th & Freemont, relaying his concern that could happen at 5th & Main in Edmonds. He supported allowing real estate offices because they present an interesting storefront that encourages pedestrians to walk in the core. He was opposed to allowing banks and/or insurance companies in the retail core because they do not present an interesting storefront. He invited the Council to consider how they wanted downtown to look, what they wanted to see in the storefronts and what would encouraged them to walk in this 5-6 block area. He did not think services businesses located one block outside the core on the ground level would be inconvenient. He thanked Councilmember Petso for her emails regarding what businesses should be allowed. Tom Sheehan, Edmonds, owner of 523 Main, said he was generally in favor of the concept. Five years ago before he rented the space to The Fabric of Life, he rejected several proposals from service businesses because that was not the type of business that belonged on Main Street. The Fabric of Life is leaving the space and he is searching for another unique business to bring people to Edmonds. He supported the concept of retail-type businesses on Main Street and 5th Avenue in the downtown core rather than service businesses. Bruce Witenberg, Edmonds, speaking as a citizen, expressed his support for economic vitality by creating an Edmonds City Center that is economically strong, thriving, lively and social and said the Council can create such as a center by supporting the Planning Board’s recommendation. The City’s Economic Development Plan offers support for the Planning Board’s recommendations. This proposal provides an opportunity for clustering and synergy as was described during Roger Brooks’ November 2012 presentation. The Planning Board and EDC unanimously support the concept of limiting office uses on designated street frontages in the first 45 feet in the BD1 zone. He commented on the EDC’s field trip to Kirkland where they observed the positive effects of limiting office uses on the ground floor in the downtown core. He also commented on property owner’s interest in the concept at Mr. Clifton’s May 13 meeting with property owners. The proposal has been under consideration for over 2½ years; he urged the Council to support the Planning Board’s recommendation. Hearing no further comment, Mayor Earling closed the public participation portion of the public hearing. Councilmember Johnson expressed support for the concept as recommended by the Planning Board and EDC. COUNCILMEMBER JOHNSON MOVED, SECONDED BY COUNCIL PRESIDENT BUCKSHNIS, TO DIRECT STAFF TO WORK WITH MR. TARADAY TO PREPARE AN ORDINANCE FOR FUTURE ACTION. Councilmember Johnson explained she was on the Planning Board in March 2011 when this discussion began. She thanked Mr. Clifton for his tenacity, patience and deliberative process. She pointed out the proposal includes a recommendation to consider it again in a couple years and make adjustment if necessary. Packet Page 129 of 383 Councilmember Fraley-Monillas referred to the public comment from members of the real estate community and asked Mr. Clifton whether the proposal meets their needs. Mr. Clifton responded it will meet their needs; the table in Attachment 1 indicates real estate offices are an allowed use. Council President Buckshnis observed there are 12 businesses on the list that could eventually change. She asked whether the reason some massage therapists were not on the list was due to their proximity to the street. Mr. Clifton answered yes, the proposal applies only to the first 45 feet. Council President Buckshnis agreed with the comments from Coldwell Banker realtors, noting when she visits different cities, she often looks at the photographs of real estate for sale. In response to Councilmember Fraley-Monillas’ comment, Mr. Clifton referred to a clarifying note on page 8 of Attachment 1, that states, Open door businesses, e.g., real estate offices, banks (with tellers and no drive throughs), nail and hair salons are allowed uses. Councilmember Petso recalled at the November 4 Council meeting Mr. Clifton indicated the EDC did not have a consensus with regard to real estate offices or banks. She supported reviewing this regulation periodically to ensure it is serving the City’s needs. She referred to a December 26, 2013 article regarding McCall, Idaho, that states, “Another recommendation of the new downtown plan is to eliminate restrictions on professional offices on ground floors facing the street. The current restriction is intended to encourage retail space facing the street but downtown offices are now considered sources of customers for shops and restaurants.” She referred to the comments regarding ADA accessibility and property rights, noting those are issues that should be monitored. Mr. Clifton referred to page 5 of Attachment 1 that recommends a reevaluation of the ordinance within 2-3 years. He noted changes may not occur for some time as it will depend on when a business space is vacated. Councilmember Peterson was glad to see this proposal coming to fruition. He recognized the work done by the Mr. Clifton, the Planning Board, EDC and Council. Although he was previously undecided about allowing real estate offices, friends visiting from Sydney, Australia stopped at the real estate office to pursue the photographs. MOTION CARRIED UNANIMOUSLY. 16. DISCUSSION AND POTENTIAL ACTION ON ECC CHAPTER 2.10 REGARDING CONFIRMATION AND DUTIES OF CITY OFFICERS City Attorney Jeff Taraday reviewed the unresolved issue related to the minimum number of candidates the Council wants to interview in Section 21.10.010.D (choices are shown in brackets): The mayor shall appoint, subject to council confirmation, the appointive officers. The city council shall interview the top [two][three] candidates for each position prior to the mayor’s appointment, PROVIDED that the city council may waive the [two][three]-interview requirement by motion [adopted by a majority plus one of the full council] and may opt to interview as few as [one candidate][two candidates] for any vacant appointive office. The mayor’s appointments to all other employee positions shall not be subject Mr. Taraday explained the above section specifies the number of candidates the Council wants to require the Mayor present for interview and, when there is a deviation from that requirement, whether the deviation should be a majority vote or a majority plus one. Councilmember Fraley-Monillas observed the prior wording of this section was three candidates. Mr. Taraday answered the current code states, “the city council shall interview the top three candidates for each position prior to the mayor’s final selection.” He pointed out in practice that has not happened; when the Council’s practice does not match the code, the code needs to be changed. Packet Page 130 of 383 Councilmember Fraley-Monillas recalled during her four years on the Council, in the early years the Council interviewed three candidates. She was uncertain how the Council began interviewing less than three. Mr. Taraday answered the current code does not provide a procedure for the Council to waive the three interview requirement. Councilmember Fraley-Monillas observed there have been occasions when there are fewer than three candidates for a position. She questioned how the code could require more interviews than the number of candidates. Mr. Taraday answered that was the problem and the reason there needed to be a process for deviating from the requirement in appropriate circumstances. Mayor Earling asked the difference between applicants and candidates. For example there are 20 applicants for the Development Services Director; likely not all of them will be candidates. Mr. Taraday answered a candidate is anyone applying for a position. In the example Mayor Earling provided, the top three out of twenty would be interviewed. He noted there may be instances when the Mayor will recommend the Council not interview three candidates. The code should provide a way to deviate from the requirement without violating the code. Council President Buckshnis recalled only one person was interviewed when the City hired former Finance Director Shawn Hunstock, two when Ms. Hite was hired and three when Mr. Williams was hired. Her concern in the past was the Council did not interview candidates, they only confirmed the Mayor’s selection. She agreed with the code reflecting the Council’s direction on the number of candidates to be interviewed and a waiver procedure. Councilmember Fraley-Monillas recalled there were three applicants for the most recent Finance Director position but only two candidates were referred to the Council for interview. Mayor Earling explained three people were ranked; he would not have appointed one of the candidates and he made a decision not to fly him in from out of state for an interview. Councilmember Fraley-Monillas did not agree with the Council being in the interview process but if the Council is to affirm the appointment, there should be a sufficient number to interview. Councilmember Petso expressed support for retaining the requirement to interview three but allow a waiver to two with a majority plus one of the full Council. That would allow conformance of practice to the code while also ensuring, for the Council and the public, that there is a fair representation of the top applicants for the job. Councilmember Peterson observed there have not been three candidates interviewed for a number of positions under different administrations. In the example Mayor Earling provided, two candidates were far above the third; had the Council interviewed all three and selected number three, the Mayor would not have hired that person. He reminded it is the Mayor’s job to do the hiring; the Council’s role is confirmation. During the Public Safety & Personnel Committee’s discussions, his position was to have the Council interview the top two or more candidates but to not limit the Mayor to two. He supported code language that would allow that number to be reduced by a majority vote of the Council although he was not opposed to requiring a super majority vote. He pointed out the Council refusing to interview only one candidate for a critical director position and requiring the selection process to be restarted could be a disservice to the City. Councilmember Fraley-Monillas referred to the Council’s confirmation as a rubberstamp and asked why the Council interviews candidates at all if the Council can only say yes or no and the Mayor makes the final decision. Mr. Taraday answered confirmation is a significant power. He provided the example of President Obama’s inability to appoint appellate court judges because the senate will not confirm because of the filibuster. The Council has that same power to not confirm an appointment; the Mayor cannot hire without the Council’s confirmation. He clarified this code section was about giving the Council Packet Page 131 of 383 flexibility; the Council could allow itself the flexibility of interviewing as few as one candidate and still not confirm that appointment. Councilmember Fraley-Monillas commented if it is a true confirmation process, it would be better to have more choices than less. In her 30+ years of experience in government, the appointing authority consistently had a choice of three top candidates. She supported the Council interviewing three candidates. Councilmember Peterson philosophically disagreed with Councilmember Fraley-Monillas. The Council can choose not to confirm the Mayor’s appointment but if the Mayor presents three candidates for the Council to interview, the Mayor is not obligated to hire the Council’s choice. Mayor Earling commented two Councilmembers were included in the Finance Director interview panel and he planned to do the same for the Development Services Director position. Councilmember Johnson did not recall a formal confirmation vote for the Finance Director. Mayor Earling advised there was, it was a 6-1 vote. COUNCILMEMBER PETSO MOVED, SECONDED BY COUNCIL PRESIDENT BUCKSHNIS, TO ASK THE CITY ATTORNEY TO BRING BACK AN ORDINANCE FOR ADOPTION WHICH INCLUDES BRINGING THE TOP THREE CANDIDATES AND ALSO THE PROVISION THAT THE COUNCIL MAY WAIVE THE TOP THREE CANDIDATES BY VOTE OF A MAJORITY PLUS ONE TO AS FEW AS TWO CANDIDATES. Councilmember Bloom thanked Mayor Earling for including Councilmembers in the interview process for the Finance Director. She explained the intent was to hire directors that can work with everyone. She recognized the importance of the Council’s role in confirming an appointment, pointing out the Council can discuss candidates in executive session. The motion is a good compromise to requiring that the Council interview three candidates as it provides a procedure for waiving that requirement. COUNCILMEMBER PETERSON MOVED, SECONDED BY COUNCIL PRESIDENT BUCKSHNIS, TO AMEND THE MOTION THAT THE COUNCIL MAY OPT TO INTERVIEW AS FEW AS ONE OR TWO CANDIDATES FOR ANY VACANT APPOINTIVE OFFICE. Councilmember Petso did not support the amendment, commenting if there were not at least two people to interview, it was not fair to the Council or the public. It also did not provide the public or the Council, other than the Councilmembers on the interview panel, an opportunity to consider the other candidates. Councilmember Bloom did not support the amendment, commenting she did not understand the rationale for interviewing one candidate in front of the public. Council President Buckshnis commented candidates were not interviewed on camera. She asked whether that needed to be included in the code. Mr. Taraday answered yes if that was the Council’s intent. Councilmember Bloom clarified she was not suggesting that change. Councilmember Fraley-Monillas said if the Council only interviewed one candidate there was no purpose in having a confirmation process. Councilmember Peterson clarified his amendment retained the language that a super majority vote of the Council would be required to option to interview as few as one or two candidates. Packet Page 132 of 383 UPON ROLL CALL, THERE WAS A TIE VOTE (3-3), COUNCIL PRESIDENT BUCKSHNIS AND COUNCILMEMBERS JOHNSON AND PETERSON VOTING YES; COUNCILMEMBERS BLOOM, FRALEY-MONILLAS, AND PETSO VOTING NO. Mr. Taraday advised Mayor Earling could not vote to break the tie. AMENDMENT FAILED (3-3). VOTE ON THE MAIN MOTION CARRIED UNANIMOUSLY. Mr. Taraday advised those were the only matters the Committee had not reached agreement on. COUNCILMEMBER PETERSON MOVED, SECONDED BY COUNCIL PRESIDENT BUCKSHNIS, TO DIRECT THE CITY ATTORNEY TO PREPARE AN ORDINANCE WITH THE REVISIONS IN THE PACKET TO CHAPTER 2.10 AND AS APPROVED TONIGHT. For Councilmember Bloom Mr. Taraday read 2.10.010.C: If, on occasion of a vacant appointive office, the mayor elects to propose a reorganization of the appointive offices which would alter the specifications of the vacant appointive office, he shall have sixty days from the date of the vacancy to introduce a reorganization proposal to the city council along with any necessary accompanying budget amendment. If reorganization is proposed, recruitment to fill the vacant appointive office may be postponed until after the city council acts upon the reorganization proposal. Mr. Taraday explained this section recognizes the possibility when a vacancy occurs the mayor may want to use that as an opportunity to rethink how the structure of his administration. If the mayor is considering reorganization, it would not make sense to immediately embark on recruitment. Councilmember Bloom asked whether reorganization would eliminate the director position. Mr. Taraday answered it could but it could also alter the job duties of the position or the structure of administration. He noted changing a director’s duties requires Council action. Councilmember Bloom pointed out the Development Services Director position was not budgeted and there was no director for two years. She wanted to ensure that did not happen again. She asked whether the proposed language would allow a position to be eliminated without coming to the Council’s attention. Mr. Taraday answered a budget amendment is required to eliminate a position as all positions are defined in the budget. Councilmember Petso thanked Councilmember Bloom and Peterson for their work on these revisions. She noted in addition to the issues discussed, there were a number of other revisions to Chapter 2.10. MOTION CARRIED UNANIMOUSLY. 17. AUTHORIZE MAYOR TO SIGN CONTRACT TO AWARD BID FOR CITY PARK SPRAY EQUIPMENT Parks & Recreation Director Carrie Hite commented this would usually be presented to committee first; she was presenting to the full Council due to the timeline for awarding the bid. Delaying this issue to the January committee meeting would delay Council consideration until the third or fourth week on the Consent Agenda; the equipment needs to be ordered mid-January. The proposed contract for the City Park spray equipment is approximately $159,000, the amount in the original budget. She explained the play area and the spray area equipment are being bid separately to avoid the contractor mark-up. The Council Packet Page 133 of 383 awarded a bid for the play area a few months ago and staff will return to Council next month for award of the construction contract. COUNCILMEMBER PETSO MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO AUTHORIZE THE MAYOR TO SIGN THE CONTRACT FOR THE CITY PARK SPRAY EQUIPMENT. Councilmember Johnson commented Councilmembers often must balance competing priorities. She referred to the $25,000 annual budget for water for the spray pad, expressing concern with the use of water at the rate of $250/day assuming a 100 day season. She did not want to interrupt the project and would have preferred this information had been presented at the beginning of the project. She asked Ms. Hite to comment on the value of the project from a user standpoint and economic vitality. Ms. Hite responded a spray park uses 50-150 gallons of water per minute to activate and add play value. Staff worked with vendors to design a spray pad with equitable play value but that reduced water usage and used low flow valves as well as different zones and activators. Ms. Hite explained vendors were asked to design a spray pad that could be dialed down to 22 gallons per minute. The $25,000 water usage in the 2014 budget is based on 22 gallons per minute for 10 hours per day 7 days a week for 3 months in the summer. Spray pads across the nation attract many children, families and teens; in this area spray pads see 500-600 people per day on a hot summer day. She summarized the spray pad will attract not only Edmonds residents but people from outside the community. City Park is a great location with parking and the capacity for a lot of people. Ms. Hite displayed the original concept design of the spray pad area, explaining there are approximately 20 different components in the spray area. Vendors were asked to include three activators; when an activator is pressed, the water flows. The water times out after 60 seconds and the activator must be pushed again to active the water. One activator would turn on the entire spray pad; three activators turn on the water by zone. The spray pad was designed with a toddler zone, a family zone and a teen zone. She noted children can play in all the zones but zones save water by not turning on water in the entire spray pad. There may be days the water flow can be increased to 60 gallons/minute and then turned back down to 22 gallons/minute ; it will take a season for staff to determine the best balance. Ms. Hite explained a water reuse system was also designed. She displayed an example of a water reuse system, explaining water from the spray pad flows into a tank where it is filtered and stored for use for irrigation, toilet flushing in City Park and a fill valve for the flower program truck. The spray pad generates 22 gallons/minute or 13,200 gallons/day or 92,400 gallons/week if it is on from 10:00 a.m. to 8:00 p.m. She described water use in City Park: Irrigation 83,000 gallons per week Toilets 18,000 gallons per week Flower Program 1,500 gallons per week Total Water Usage 102,500 gallons/week Spray Pad Generates 92,400 gallons/week Councilmember Bloom asked whether the $25,000 per year will be recouped via water reuse. Ms. Hite answered that is the goal. Councilmember Bloom inquired about the system to pump water to the toilets. Ms. Hite advised the 60% design document has been submitted for building permits; the contractor is working on 90% design. It is a very complicated system; when it reaches 90% design, she may return to Council regarding to costs and water table issues at City Park. Packet Page 134 of 383 Councilmember Bloom asked how the toddlers, families and teens areas are designated. Ms. Hite answered they are not signed. Toddlers can play in the teen area and teens can play in the toddler area, etc. The play equipment in the toddler area is not exciting for teens. The spray pad was zoned so that teens running and playing will not knock over toddlers. She acknowledged there will be some crossover. Councilmember Fraley-Monillas commented there is a cost for a spray pad. Children love spray pads and water and she anticipated it would be a great addition to the City and encourage people to visit Edmonds. MOTION CARRIED UNANIMOUSLY. 18. AUTHORIZATION FOR MAYOR TO SIGN SUPPLEMENTAL AGREEMENT #9 WITH DAVID EVANS & ASSOCIATES FOR THE FIVE CORNERS ROUNDABOUT PROJECT Public Works Director Phil Williams explained this $17,219 is the last piece of the design. He anticipated going to bid in February, signing a contract in March, issuing notice to proceed in April and completing construction in 2014. That schedule required this be presented to the full Council tonight rather that at committee. He reviewed the scope of this supplemental agreement: • Two new soil borings where the stormwater vault will be located in the middle of 84th Avenue north of the Five Corners intersection to collect additional geotech information ($7,700) • Additional design of water infrastructure ($8,700). All existing water infrastructure in the footprint of the roundabout is being replaced. • Incorporate geotech information into the final design ($4,000) Mr. Williams summarized this brings the total of the design and right of way contract to approximately $467,000. Councilmember Bloom pointed out the agenda memo referred to Council action on supplemental agreements 3, 4, 7 and 8, but nothing was said about 5 and 6. Mr. Williams commented a large, complex project such as this starts with what is known and as the project matures, additional issues arise which often require Council approval of additional resources. This will provide the final piece of the design before advertising for bid in February. Mr. Williams reviewed the amounts of some of the supplemental agreements: #1 - $2,320, #2 - $3,600, #3 - $53,400, #7 - $35,000; the others were fairly modest in size. He noted the original contract included a management reserve that will be used to cover some of the supplemental agreements. Councilmember Petso asked whether the City could get out of the project at this point even with design complete and if so, how much would it cost. Mr. Williams answered total for design and right-of-way is approximately $680,000; approximately $482,000 is from grants. Councilmember Petso asked whether the grant money would need to be repaid if the Council opted not to proceed with the project. Mr. Williams answered if the Council could move forward with the project but chose not to, the grant funds would need to be returned. Council President Buckshnis expressed support for proceeding with the project, noting although some people have complained, she has heard a great deal of support from residents in the neighborhood. COUNCILMEMBER PETERSON MOVED, SECONDED BY COUNCIL PRESIDENT BUCKSHNIS, TO AUTHORIZE THE MAYOR TO SIGN SUPPLEMENTAL AGREEMENT #9 WITH DAVID EVANS & ASSOCIATES FOR THE FIVE CORNERS ROUNDABOUT PROJECT. MOTION CARRIED UNANIMOUSLY. 19. MAYOR'S COMMENTS Packet Page 135 of 383 Mayor Earling commented on the regional undertaking of the machinists approving the 777X contract. He expressed appreciation for the compromises the machinists made, recognizing the contract is a monumental step forward for the state economically as well as securing long term jobs. He explained a majority of mayors in Snohomish County signed a letter requesting reconsideration of the original vote. He recognized the leadership of Everett Mayor Stephenson, Snohomish County Executive John Lovick and Governor Jay Inslee. He noted although there is little industry in Edmonds related to Boeing, the contract is incredibly important to Edmonds residents who are employed by Boeing as well as Edmonds businesses. Mayor Earling wished everyone a Happy New Year and expressed his hope the Council could work effectively during this next year. 20. COUNCIL COMMENTS Student Representative Thea Ocfemia congratulated Councilmembers Buckshnis and Johnson on their elections as Council President and Council President Pro Tem. Councilmember Peterson wished everyone a Happy New Year and looked forward to a productive 2014. Council President Buckshnis relayed Senior Executive Council Assistant Jana Spellman will distribute committee assignments tomorrow. She requested Councilmembers identify 2-3 goals they wanted to champion this year. Goals she was interested in pursuing include the sign code and the marsh. The City received a $200,000 grant from the Salmon Recovery Funding Board for daylighting Willow Creek. She wished everyone a Happy New Year. Councilmember Johnson wished everyone a Happy, Healthy and Prosperous New Year. Councilmember Fraley-Monillas commented she was bothered by the events that occurred tonight; it was not about her being Council President or not. The Council had the ability to put in place an interim Council President until a seventh Councilmember could be appointed and weigh in on this important Council decision. Although this was legal according to the City Attorney, the concept of separation of powers is a foundation of government in this country. Most amazing to her was to have expected a fair decision to be made by mayor who actively participated, supported, financed and appeared in ads for her opponent during a campaign two months ago. Although some may call this politics, she found it a breach of democracy. 21. ADJOURN With no further business, the Council meeting was adjourned at 9:57 p.m. Packet Page 136 of 383 EDMONDS CITY COUNCIL SUMMARY MINUTES January 7, 2014 The Edmonds City Council meeting was called to order at 6:30 p.m. by Mayor Earling in the Council Chambers, 250 5th Avenue North, Edmonds. ELECTED OFFICIALS PRESENT Dave Earling, Mayor Lora Petso, Councilmember Strom Peterson, Councilmember Joan Bloom, Councilmember Kristiana Johnson, Councilmember Adrienne Fraley-Monillas, Councilmember Diane Buckshnis, Councilmember ALSO PRESENT Thea Ocfemia, Student Representative STAFF PRESENT Stephen Clifton, Community Services/Economic Development Director Phil Williams, Public Works Director Roger Neumaier, Finance Director Carrie Hite, Parks & Recreation Director Jeff Taraday, City Attorney Scott Passey, City Clerk Jana Spellman, Senior Executive Council Asst. Jeannie Dines, Recorder 1. ROLL CALL City Clerk Scott Passey called the roll. All elected officials were present. 2. CONVENE IN EXECUTIVE SESSION REGARDING COLLECTIVE BARGAINING PER RCW 42.30.140(4)(b) At 6:37 p.m., Mayor Earling announced that the City Council would meet in executive session regarding collective bargaining per RCW 42.30.140(4)(b). He stated that the executive session was scheduled to last approximately 30 minutes and would be held in the Jury Meeting Room, located in the Public Safety Complex. No action was anticipated to occur as a result of meeting in executive session. Elected officials present at the executive session were: Mayor Earling, and Councilmembers Johnson, Fraley-Monillas, Buckshnis, Peterson, Petso and Bloom. Others present were City Attorney Jeff Taraday, Police Chief Al Compaan, Assistant Police Chief Jim Lawless, and City Clerk Scott Passey. The executive session concluded at 6:48 p.m. Mayor Earling reconvened the regular City Council meeting at 7:03 p.m. and led the flag salute. 3. ADMINISTRATION OF OATH OF OFFICE TO NEWLY ELECTED OFFICIALS Snohomish County Councilmember Stephanie Wright administered the oath of office to Councilmember Fraley-Monillas. Mayor Earling administered the oath of office to Councilmembers Peterson and Johnson. 4. APPROVAL OF AGENDA Packet Page 137 of 383 COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER PETERSON, TO APPROVE THE AGENDA IN CONTENT AND ORDER. MOTION CARRIED UNANIMOUSLY. 5. APPROVAL OF CONSENT AGENDA ITEMS COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER PETERSON, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: A. APPROVAL OF CITY COUNCIL MEETING MINUTES OF DECEMBER 17, 2013 B. APPROVAL OF CLAIM CHECKS #206030 THROUGH #206167 DATED DECEMBER 19, 2013 FOR $504,268.61 AND CLAIM CHECKS #206168 THROUGH #206316 DATED DECEMBER 31, 2013 FOR $1,166,526.79. APPROVAL OF PAYROLL DIRECT DEPOSIT AND CHECKS #60710 THROUGH #60724 FOR $446,416.70, BENEFIT CHECKS #60708, #60725 THROUGH #60731 AND WIRE PAYMENTS OF $191,180.66 FOR THE PERIOD DECEMBER 1, 2013 THROUGH DECEMBER 15, 2013. APPROVAL OF PAYROLL DIRECT DEPOSIT AND CHECKS #60732 THROUGH #60745 FOR $453,567.56, BENEFIT CHECKS #60746 THROUGH #60757 AND WIRE PAYMENTS OF $376,791.95 C. ACKNOWLEDGE RECEIPT OF CLAIMS FOR DAMAGES FROM KYLE BLACKWELL ($1,172.81), JACK LANUM (AMOUNT UNDETERMINED), AND CLAIRE HEDMAN ($1,791.12) D. APPROVAL OF WSLCB DECEMBER 2013 LIQUOR LICENSE RENEWALS E. RESOLUTION THANKING COUNCILMEMBER LORA PETSO FOR HER SERVICE AS COUNCIL PRESIDENT F. APPROVAL OF BOND COUNSEL CONTRACT FOR AUTHORIZED REFUNDING OF UTGO BONDS G. AUTHORIZATION FOR MAYOR TO EXECUTE CONTRACT WITH PIONEER CABLE, INC. IN THE AMOUNT OF $201,598 FOR THE CITYWIDE SAFETY IMPROVEMENTS PROJECT AND AUTHORIZE A $22,400 MANAGEMENT RESERVE FOR CHANGES OR UNFORESEEN CONDITIONS DURING CONSTRUCTION 6. SELECTION OF COUNCIL PRESIDENT FOR 2014 Mayor Earling read the procedures for election of the Council President. Councilmember Petso outlined her rationale for not using a voice vote to select the Council President and suggested that the Council use a ballot method instead. COUNCILMEMBER PETSO MOVED, SECONDED BY COUNCILMEMBER BLOOM, TO ELECT THE COUNCIL PRESIDENT FOR 2014 BY BALLOT. UPON ROLL CALL, THERE WAS A TIE VOTE (3-3), COUNCILMEMBERS BLOOM, FRALEY-MONILLAS, PETSO AND VOTING YES; AND COUNCILMEMBERS BUCKSHNIS, JOHNSON, AND PETERSON VOTING NO. Mr. Taraday advised Mayor Earling could vote to break the tie. MAYOR EARLING VOTED NO, AND THE MOTION FAILED (3-4). Packet Page 138 of 383 COUNCILMEMBER PETSO NOMINATED ADRIENNE FRALEY-MONILLAS FOR THE POSITION OF COUNCIL PRESIDENT FOR 2014. COUNCILMEMBER PETERSON NOMINATED DIANE BUCKSHNIS FOR THE POSITION OF COUNCIL PRESIDENT FOR 2014. There were no further nominations. Councilmembers Petso and Peterson spoke in support of their respective nominees, Councilmembers Fraley-Monillas and Buckshnis. Councilmember Bloom relayed her reasons for supporting Councilmember Fraley-Monillas as Council President. UPON ROLL CALL, NOMINATION OF ADRIENNE FRALEY-MONILLAS FOR THE POSITION OF COUNCIL PRESIDENT FOR 2014 RESULTED IN A TIE VOTE (3-3); COUNCILMEMBERS BLOOM, FRALEY-MONILLAS, AND PETSO VOTING YES; COUNCILMEMBERS BUCKSHNIS, JOHNSON AND PETERSON VOTING NO. UPON ROLL CALL, NOMINATION OF DIANE BUCKSHNIS FOR THE POSITION OF COUNCIL PRESIDENT FOR 2014 RESULTED IN A TIE VOTE (3-3); COUNCILMEMBERS BUCKSHNIS, JOHNSON AND PETERSON VOTING YES; COUNCILMEMBERS BLOOM, FRALEY-MONILLAS, AND PETSO VOTING NO. Mr. Taraday advised Mayor Earling could vote to break the tie and Mayor Earling provided brief comments. MAYOR EARLING VOTED IN FAVOR OF DIANE BUCKSHNIS, AND THE NOMINATION OF DIANE BUCKSHNIS FOR THE POSITION OF COUNCIL PRESIDENT FOR 2014 CARRIED (4- 3). City Clerk Scott Passey announced Diane Buckshnis was elected Council President for a one year term ending with the first meeting in 2015. 7. SELECTION OF COUNCIL PRESIDENT PRO TEM FOR 2014 COUNCILMEMBER FRALEY-MONILLAS NOMINATED LORA PETSO FOR THE POSITION OF COUNCIL PRESIDENT PRO TEM FOR 2014. COUNCIL PRESIDENT BUCKSHNIS NOMINATED KRISTIANA JOHNSON FOR THE POSITION OF COUNCIL PRESIDENT PRO TEM FOR 2014. There were no further nominations. UPON ROLL CALL, NOMINATION OF LORA PETSO FOR THE POSITION OF COUNCIL PRESIDENT PRO TEM FOR 2014 RESULTED IN A TIE VOTE (3-3); COUNCILMEMBERS BLOOM, FRALEY-MONILLAS, AND PETSO VOTING YES; COUNCIL PRESIDENT BUCKSHNIS AND COUNCILMEMBERS JOHNSON AND PETERSON VOTING NO. There was brief discussion about seniority and qualifications for nomination. UPON ROLL CALL, NOMINATION OF KRISTIANA JOHNSON FOR THE POSITION OF COUNCIL PRESIDENT PRO TEM FOR 2014 RESULTED IN A TIE VOTE (3-3); COUNCIL PRESIDENT BUCKSHNIS AND COUNCILMEMBERS JOHNSON AND PETERSON VOTING YES; COUNCILMEMBERS BLOOM, FRALEY-MONILLAS, AND PETSO VOTING NO. Packet Page 139 of 383 Mr. Taraday advised Mayor Earling could vote to break the tie. MAYOR EARLING VOTED IN FAVOR OF KRISTIANA JOHNSON, AND THE NOMINATION OF KRISTIANA JOHNSON FOR THE POSITION OF COUNCIL PRESIDENT PRO TEM FOR 2014 CARRIED (4-3). City Clerk Scott Passey announced Kristiana Johnson was elected Council President Pro Tem for a one year term ending with the first meeting in 2015. 8. APPOINTMENT OF COMMITTEE REPRESENTATIVES FOR 2014 Council President Buckshnis read the Council committee appointments for 2014 and advised that the Finance Committee meetings will be moved back to the Jury Room. 9. RESOLUTION APPOINTING A COUNCILMEMBER TO THE SNOHOMISH COUNTY HEALTH DISTRICT BOARD COUNCIL PRESIDENT BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER PETERSON, TO ADOPT RESOLUTION 1311, APPOINTING COUNCILMEMBER FRALEY- MONILLAS TO THE SNOHOMISH COUNTY HEALTH DISTRICT BOARD. MOTION CARRIED UNANIMOUSLY. 10. RESOLUTION APPOINTING A REPRESENTATIVE AND ALTERNATE TO THE SNOHOMISH COUNTY PUBLIC TRANSPORTATION BENEFIT AREA CORPORATION COUNCILMEMBER PETERSON MOVED, SECONDED BY COUNCIL PRESIDENT BUCKSHNIS, TO APPROVE RESOLUTION 1312, APPOINTING MAYOR EARLING AS THE REPRESENTATIVE AND COUNCIL PRESIDENT BUCKSHNIS AS THE ALTERNATE TO THE SNOHOMISH COUNTY PUBLIC TRANSPORTATION BENEFIT AREA CORPORATION. MOTION CARRIED UNANIMOUSLY. 11. AUDIENCE COMMENTS Jim Hendricks, Edmonds, a resident on Sunset Avenue, urged the Council to consider further discussion and changes to the proposed Sunset Avenue Walkway Project. Dave Page, Edmonds, expressed concern with the dissention on the Council and hoped they could work together for a better Edmonds. 12. PRESENTATION OF RESOLUTION THANKING COUNCILMEMBER LORA PETSO FOR HER SERVICE AS COUNCIL PRESIDENT Councilmember Buckshnis presented Resolution 1310 thanking Councilmember Petso for her service as Council President during 2013. Councilmember Petso accepted the resolution and thanked everyone who assisted during her term as Council President. 13. UPDATE FROM THE EDMONDS SISTER CITY COMMISSION Michelle Van Tassell, Chair, Sister City Commission (SCC), introduced Michelle Rockstead, SCC Student Representative, and highlighted 2013 SCC activities. She discussed the organization, programs, accomplishments, and various planning and outreach efforts. She outlined the activities associated with Packet Page 140 of 383 the 37-member delegation from Hekinan, Japan, which marked the 25-year anniversary of Sister City relationship. She concluded by outlining 2014 planning efforts. The Council and Mayor spoke favorably about the organization and activities, including the Hekinan delegation visit. They thanked Ms. Van Tassell for the SCC cultural exchange efforts on behalf of the City. Ms. Rockstead explained her recruitment and outreach plans to get more people involved. Ms. Van Tassell concluded by recognizing the Commissioners, including Beth Ferman and Kay Vreeland in the audience. 14. PLANNING BOARD QUARTERLY REPORT Planning Board Member Val Stewart advised she is the outgoing Vice Chair; Todd Cloutier is the 2014 Chair and Neil Tibbott is the Vice Chair. Ms. Stewart briefly described the purpose of the Planning Commission, which is to serve in an advisory capacity to the Mayor and City Council in regional and local planning issues and forwards recommendations to the City Council for consideration. Ms. Stewart provided highlights of recent meetings and issues, including: 1. Public Hearing on Capital Facilities Plan (CFP) Element update for 2014-2019 to City’s Comprehensive Plan and the Capital Improvement Program for 2014-2019 (9/25/13). 2. Work session and public hearing on whether to include a definition of “reasonable economic” use within the City’s Critical Area Regulations (9/25/13, 11/13/13). 3. Two work sessions on proposed amendments to Title 23 of the Edmonds Community Development Code to bring the Critical Area Regulations into consistency with Best Available Science (9/25/13, 11/13/13). 4. Public Hearing on proposal to limit certain office uses from locating in business spaces along designated ground floor street frontages within the Downtown Business (BD1-Downtown Retail Core) Zone (10/9/13). 5. Study session and public hearing regarding AT&T Mobility and the Busch Law Firm’s application to amend the Edmonds Community Development Code (10/9/13, 12/11/13). 6. Discussion on potential issues related to I-502 (Cannabis) implementation in Edmonds (10/913). 7. Park Update Report (10/23/13) 8. Reviewed Park Naming Policy (10/23/13) 9. Two Work sessions on Westgate plan and form based code. (11/13/13, 12/11/13) Ms. Stewart concluded her presentation by thanking staff, the Council, the Mayor, and citizens for their time and dedication to the planning effort. Councilmembers expressed their appreciation for the work of the Planning Board. 15. PUBLIC HEARING AND POSSIBLE ACTION ON PLANNING BOARD RECOMMENDATION TO LIMIT CERTAIN OFFICE USES FROM LOCATING IN BUSINESS SPACES ALONG DESIGNATED GROUND FLOOR STREET FRONTAGES WITHIN DOWNTOWN BUSINESS (BD1 - DOWNTOWN RETAIL CORE) ZONE (FILE NO. AMD20130013) Community Services/Economic Development Director Stephen Clifton explained this proposal to limit certain office uses (primarily by appointment businesses) along designated ground level street frontages, the first 45 feet measured from the sidewalk or open space (plaza/park, etc.) within the Edmonds Downtown Core or BD1 Zone. Packet Page 141 of 383 Mr. Clifton referred to information provided in the packet and explained that most downtown land use goals and strategies include the following four prominent themes: 1) A Central Gathering Place; 2) Sense of Place; 3) Connectivity; and 4) Density. He explained that to achieve these objectives, the City needs a vibrant open door retail/service core that helps advance economic development/vitality, public safety, housing, business, and tourism. He described the features of a downtown that help achieve the stated objectives, including a strong retail/restaurant/gallery/entertainment core, open door service uses, a mix of uses, clustering, and “festival retail”. Mr. Clifton referred to the 20 ingredients of an outstanding downtown cited by Mr. Brooks and highlighted elements that tie directly to this proposal. Continuing, Mr. Clifton highlighted significant milestones in the chronology and discussed the implications of the proposal and any potential effect on existing or future businesses. He outlined the Planning Boards recommendations and addressed past Council questions and public hearings on the proposal. Tonight’s public hearing is a culmination of the public process to date. Mr. Clifton referred to questions he has received and clarified that real estate offices are an allowed use under this proposal because they are considered a walk-in business. The intent of this proposal is to allow open door, walk-in businesses in the core. Mayor Earling opened the public participation portion of the public hearing. Dave Page, Edmonds, described his plans eight years ago to move his businesses downtown to Old Milltown; however, remodeling costs prevented that from occurring. Fred Gouge, Edmonds, real estate broker with Coldwell Banker at 5th & Main, urged the Council to consider the impacts the proposal will have on walk-in clientele, leases, and ADA accessibility due to moving businesses to upper floors. Wayne Purser, Edmonds, realtor at Coldwell Banker Bain at 108 5th Avenue South, spoke of the many services and benefits that their downtown location provides to the community, including participation in many local events. Greg Hoff, Edmonds, BD1 zone property owner, commented on the importance of balancing the City’s needs with the needs of property owners, adding that changing allowed uses would not necessarily be fair to all property owners. Don Hall, Edmonds, supported real estate offices in the downtown core but did not support allowing banks and/or insurance companies because they do not present an interesting storefront. Tom Sheehan, Edmonds, owner of 523 Main, supported the concept of retail-type businesses on Main Street and 5th Avenue in the downtown core rather than service businesses. Bruce Witenberg, Edmonds, urged the Council to support the Planning Board recommendation, which supports economic vitality by creating an Edmonds City Center that is economically strong, thriving, lively and social. Hearing no further comment, Mayor Earling closed the public participation portion of the public hearing. COUNCILMEMBER JOHNSON MOVED, SECONDED BY COUNCIL PRESIDENT BUCKSHNIS, TO DIRECT STAFF TO WORK WITH MR. TARADAY TO PREPARE AN ORDINANCE FOR FUTURE ACTION. The Council thanked staff, the Planning Board members and citizens for their work on this proposal. Mr. Clifton responded to Council questions and clarified that the proposal meets the needs of the real estate Packet Page 142 of 383 community. Responding to Councilmember Petso, he noted that real estate offices, banks, ADA accessibility and property rights are all issues that will be monitored per the recommended reevaluation. He noted changes may not occur for some time as it will depend on when a business space is vacated. MOTION CARRIED UNANIMOUSLY. 16. DISCUSSION AND POTENTIAL ACTION ON ECC CHAPTER 2.10 REGARDING CONFIRMATION AND DUTIES OF CITY OFFICERS City Attorney Jeff Taraday reviewed the unresolved issue related to the minimum number of candidates the Council wants to interview in Section 21.10.010.D. He explained that the section specifies the number of candidates the Council wants to require the Mayor present for interview and, when there is a deviation from that requirement, whether the deviation should be a majority vote or a majority plus one. The code currently specifies “the city council shall interview the top three candidates…”, however, the Council has not always followed the code. The Council asked questions and discussed the issue in detail. Councilmembers recalled past experience and discussed what the process should be if there are fewer than three top candidates for a given position. There were comments in favor of requiring two candidates and comments in favor of three candidates, as well as comments about a waiver provision which would provide flexibility for changing the requirement as needed. The Mayor discussed the distinction between applicants and candidates, adding there may be instances when he would not recommend the Council interview three candidates. There was also discussion regarding the distinction between Council confirming a candidate and the Mayor hiring an employee. Responding to questions, Mr. Taraday affirmed that confirmation is not an insignificant power of the Council; the Mayor cannot hire without the Council’s confirmation. He clarified this code section was about giving the Council flexibility; the Council could allow itself the flexibility of interviewing as few as one candidate and still not confirm that appointment. COUNCILMEMBER PETSO MOVED, SECONDED BY COUNCIL PRESIDENT BUCKSHNIS, TO ASK THE CITY ATTORNEY TO BRING BACK AN ORDINANCE FOR ADOPTION WHICH INCLUDES BRINGING THE TOP THREE CANDIDATES AND ALSO THE PROVISION THAT THE COUNCIL MAY WAIVE THE TOP THREE CANDIDATES BY VOTE OF A MAJORITY PLUS ONE TO AS FEW AS TWO CANDIDATES. COUNCILMEMBER PETERSON MOVED, SECONDED BY COUNCIL PRESIDENT BUCKSHNIS, TO AMEND THE MOTION THAT THE COUNCIL MAY OPT TO INTERVIEW AS FEW AS ONE OR TWO CANDIDATES FOR ANY VACANT APPOINTIVE OFFICE. Councilmembers provided their reasons for supporting or opposing the amendment. UPON ROLL CALL, THERE WAS A TIE VOTE (3-3), COUNCIL PRESIDENT BUCKSHNIS AND COUNCILMEMBERS JOHNSON AND PETERSON VOTING YES; COUNCILMEMBERS BLOOM, FRALEY-MONILLAS, AND PETSO VOTING NO. Mr. Taraday advised Mayor Earling could not vote to break the tie. AMENDMENT FAILED (3-3). VOTE ON THE MAIN MOTION CARRIED UNANIMOUSLY. COUNCILMEMBER PETERSON MOVED, SECONDED BY COUNCIL PRESIDENT BUCKSHNIS, TO DIRECT THE CITY ATTORNEY TO PREPARE AN ORDINANCE WITH THE REVISIONS IN THE PACKET TO CHAPTER 2.10 AND AS APPROVED TONIGHT. Packet Page 143 of 383 Responding to a question from Councilmember Bloom, Mr. Taraday clarified that ECC 2.10.010.C. recognizes the possibility that the mayor may want to use a vacancy as an opportunity to restructure his administration. If the mayor is considering reorganization, it would not make sense to immediately embark on recruitment. There was brief discussion regarding job descriptions, director’s duties and budget amendments. MOTION CARRIED UNANIMOUSLY. 17. AUTHORIZE MAYOR TO SIGN CONTRACT TO AWARD BID FOR CITY PARK SPRAY EQUIPMENT Parks & Recreation Director Carrie Hite explained the need to award this contract now due to extended lead time on ordering. The proposed contract for the City Park spray equipment is approximately $159,000, the amount in the original budget. She explained the play area and the spray area equipment are being bid separately to avoid the contractor mark-up. COUNCILMEMBER PETSO MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO AUTHORIZE THE MAYOR TO SIGN THE CONTRACT FOR THE CITY PARK SPRAY EQUIPMENT. Ms. Hite responded to Council questions regarding the cost and amount of water usage, park usage, and the design and components of the spray area. She noted that spray pads could be dialed down to fewer gallons per minute depending on usage. She also commented on factors affecting the number of users per day. She described the spray pad design and explained the functions of the water reuse system. She said the goal is to recoup the $25,000 per year via water reuse. She also responded to questions regarding the pump system for the toilets as well as the toddler, family and teen area designations. MOTION CARRIED UNANIMOUSLY. 18. AUTHORIZATION FOR MAYOR TO SIGN SUPPLEMENTAL AGREEMENT #9 WITH DAVID EVANS & ASSOCIATES FOR THE FIVE CORNERS ROUNDABOUT PROJECT Public Works Director Phil Williams reviewed the scope of the supplemental agreement, noting that this is the last piece of the design phase. He summarized that the proposed changes brings the total of the design and right of way contract to approximately $467,000. Councilmember Bloom pointed out that the Council has already approved several prior agreements which have changed the scope and cost of the project. Mr. Williams responded that changes are not uncommon for complex capital projects for which there is uncertainty at the beginning. He reviewed the amounts of some of the supplemental agreements, adding that the original contract included a management reserve to cover some supplemental agreements. Councilmember Petso asked about the costs associated with cancelling the project in the design phase and if grant money would need to be repaid. Mr. Williams outlined that the total for design and right-of-way is approximately $680,000. If the City chooses not to proceed, it must return approximately $482,000 in grant funding. COUNCILMEMBER PETERSON MOVED, SECONDED BY COUNCIL PRESIDENT BUCKSHNIS, TO AUTHORIZE THE MAYOR TO SIGN SUPPLEMENTAL AGREEMENT #9 WITH DAVID EVANS & ASSOCIATES FOR THE FIVE CORNERS ROUNDABOUT PROJECT. MOTION CARRIED UNANIMOUSLY. Packet Page 144 of 383 19. MAYOR'S COMMENTS Mayor Earling commented on the importance of the Boeing 777X machinist contract to the City and region. He recognized the leadership of Everett Mayor Stephenson, Snohomish County Executive John Lovick and Governor Jay Inslee. 20. COUNCIL COMMENTS Council President Buckshnis commented on Council committee assignments and the goals she wishes to pursue, including the sign code and the marsh. She added that the City received a $200,000 grant for daylighting Willow Creek. Councilmember Fraley-Monillas expressed concern that the Council did not consider waiting to select a permanent Council President until a new Councilmember was appointed and could participate in the process. She felt that even though the Mayor’s vote was legal, it was undemocratic. 21. ADJOURN With no further business, the Council meeting was adjourned at 9:57 p.m. Packet Page 145 of 383 FINANCE COMMITTEE MEETING MINUTES March 11, 2014 Councilmembers Present Staff Present Councilmember Lora Petso Sarah Mager, Accounting Supervisor Councilmember Kristiana Johnson Deb Sharp, Accountant Councilmember Fraley-Monillas Phil Williams, Public Works Director Leif Bjorback, Building Official Public Present Rob English, City Engineer Ron Wambolt Jeannie Dines, Recorder Bruce Witenberg Councilmember Petso called the meeting to order at 7:03 p.m. A. 2014 January Budgetary Financial Report Ms. Mager pointed out the report now includes the comparison of revenue and expenses to the prior year for the utility funds. The beginning fund balance numbers are preliminary and will be updated when the financial statements are completed. Ms. Mager and Ms. Sharp responded to Council questions. Ms. Mager will research and email committee members regarding increased amusement games revenue, increased Woodway law protection revenue, miscellaneous General Fund revenue and revenue from the Comcast franchise agreement in 2013. Action: Schedule on Consent Agenda B. March 2014 Budget Amendment Ordinance Mr. English, Mr. Williams, Mr. Bjorback and Ms. Sharp reviewed the budget amendments in detail and responded to committee members’ questions. Several of the amendments were to carry-forward funds approved by Council in 2013 that will be expended in 2014. Committee members requested additional information/research on several amendments including: • Re-instatement of Vacated Position (Street Department, Public Works) • Construction Inspection – Swedish Hospital Utilities (Public Works) • 2013 SS Replacement Project (Public Works) • Connected Sumps on 238th to Hickman Park (Public Works – Engineering) • Building Professional Services (Development Services) Finance staff was asked to provide a memo highlighting expenditures that had not previously been approved by Council. During Committee Reports at the March 18 meeting, committee members will encourage Councilmembers to review the budget amendment prior to the March 25 meeting. Action: Schedule for full Council March 25 with memo from Finance highlighting expenditures not previously approved by Council. C. Review Cost to Have Minutes of Committee Meetings Taped and Transcribed Committee members discussed a proposal to record the Parks, Planning & Public Works Committee and Personnel & Public Safety Committee meetings and have minutes transcribed from the recording. A question was raised regarding the practice of reporting on committee meetings at the end of the Council meeting when the Council has already action on most of the items discussed by the committee. Packet Page 146 of 383 Action: Obtain further information regarding the cost of transcribing committee meetings and continue discussion at the April Finance Committee meeting. D. Public Comments Ron Wambolt, Edmonds, referred to the 2014 January Budgetary Financial Report that showed the Finance Department was over-budget by $54,000. Councilmember Petso offered to email staff. Mr. Wambolt noted many cities take public comment at the beginning and end of their meetings. Bruce Witenberg, Edmonds, asked whether the Finance Committee planned to make a recommendation to the City Council with regard to the announcement of litigation settlements and settlement of claims. He also questioned the verbiage used to describe the purpose of executive sessions, and requested when specific litigation is being discussed, it be identified. He requested the Council report when there are significant developments with regard to litigation such as trial dates, judgments, etc. Councilmember Petso advised there will be change in the practice of announcing settlements. Adjournment – The meeting adjourned at 9:03 p.m. Packet Page 147 of 383    AM-6738     1. G.              City Council Committee Meetings Meeting Date:04/08/2014 Time:5 Minutes   Submitted By:Scott Passey Department:City Clerk's Office Review Committee: Finance Committee Action: Approve for Consent Agenda Type: Action  Information Subject Title Application for a Concession Agreement between the City of Edmonds and Dean Parmenter/Hot Diggity Dog. Recommendation It is recommended that the Council Committee consider the additional information provided by staff regarding insurance coverage.  If the Committee determines that the Concession Agreement should be approved, it should establish and approve the monthly fee for the use of the right-of-way as well as the insurance amount. Previous Council Action In 2004, the City Council adopted modifications to regulations governing street vendors. The regulations required street vendors to have a mobile vending cart capable of being pushed by a single person that could be easily moved and not permanently located on city right-of-way. On September 18, 2006, the City Council adopted Ordinance No. 3604 which allowed for Concession Agreements to be entered into for the lease of public right-of-way space. Since November 2006, the City Council has approved and renewed Concession Agreements with various vendors for the subject site, including Milltown Pizza and Shorts ‘N Slippas.  The City Council held a public hearing on April 1, 2014 and received comment on the Concession Application. The Council requested that staff research past Concession Applications to check consistency regarding the aggregate amount of insurance coverage required.  Narrative The attached Application for a Concession Agreement was submitted by Dean Parmenter of Hot Diggity Dog. The applicant proposes to sell specialty hot dogs, chips, and drinks (bottled water and sodas) on City right-of-way located at James Street immediately east of the ferry holding lanes and adjacent to the SR104 park. The application has been reviewed by the Parks and Recreation Director, Development Services Director, Public Works Director and City Attorney.  No concerns were raised.   Previous users of this site paid a monthly lease rate of approximately $100 for the use of the right-of-way.   If approved, a rate needs to be established for the current applicant. The City Code requires that the applicant obtain a Street Use Permit (Engineering Division) City Business License (City Clerk's Office), Snohomish County Health District approval, and a Certificate of Packet Page 148 of 383 License (City Clerk's Office), Snohomish County Health District approval, and a Certificate of Insurance. Attached as Exhibit 1 is the application submitted by Dean Parmenter/Hot Diggity Dog. Attached as Exhibit 2 is Edmonds City Code Chapter 4.04, Concession Agreements, which states that Concession Agreements may be granted at the sole discretion of the City Council. Attached as Exhibit 3 is the proposed new Concession Agreement prepared by the City Attorney's Office. The monthly lease amount is proposed at $100.00 plus a leasehold excise tax in the amount of $12.84 for a total of $112.84.  In 2006, the City Council adopted a concession code stating that "The lessee shall provide proof of insurance in a minimum of $1,000,000 per occurrence and $5,000,000 in the aggregate,..." (ECC 4.04.030(C), Ordinance 3604). However, between 2006 and 2011, adopted concession agreements required $1 million per occurrence and $2 million in the aggregate. On July 13, 2011, the City approved a concession agreement with Shorts 'N Slippas (dba Da Hula Hut) which required a $1M/$5M amount per City code, but the certificate provided with the application reflected the lower $1M/$2M amount. After the City requested an updated certificate of insurance reflecting the required amount of coverage, the owner provided notice of intent to terminate the agreement. The concession agreement was terminated on or before December 30, 2011.  In 2012, the City Council amended the code as follows: "The lessee shall provide proof of insurance in a minimum of $1,000,000 per occurrence and $5,000,000 in the aggregate, or as recommended by the Washington Cities Insurance Authority,..." (ECC 4.04.030(C), Ordinance 3869). Staff in the City Attorney's office consulted with WCIA in February 2014 and they agreed that a $2 million aggregate amount for this type of mobile vending unit is appropriate. However, the WCIA also reports that food-borne illness claims are increasing.  Attachments Exhibit 1 - Concession App Exhibit 2 - ECC Chapter 4.04 Exhibit 3 - Draft Concession Agreement Form Review Inbox Reviewed By Date Mayor Dave Earling 04/02/2014 10:33 AM Finalize for Agenda Scott Passey 04/02/2014 03:03 PM Form Started By: Scott Passey Started On: 04/01/2014 10:40 PM Final Approval Date: 04/02/2014  Packet Page 149 of 383 Packet Page 150 of 383 Packet Page 151 of 383 Packet Page 152 of 383 Packet Page 153 of 383 Packet Page 154 of 383 Packet Page 155 of 383 Packet Page 156 of 383 Packet Page 157 of 383 Packet Page 158 of 383 P a c k e t P a g e 1 5 9 o f 3 8 3 EDMONDS CITY CODE CHAPTER 4.04 CONCESSION AGREEMENTS Sections: 4.04.010 Concession agreements. 4.04.020 Concession agreements on public property. 4.04.030 Leases of public right-of-way. 4.04.040 Exemptions. 4.04.010 Concession agreements. A concession agreement is a lease of public property or city right-of-way. Decisions to lease city property or public right-of-way are legislative decisions to be granted at the sole discretion of the city council. By way of illustration and not limitation, a concession agreement may provide for the lease of public property or right-of-way for private use to vend food, beverages, or merchandise, provide classes or other forms of instruction for a fee or other valuable consideration, rent bicycles, roller skates, fishing equipment or other uses which the city council, in its sole discretion, believes are consistent with the public’s full use and enjoyment of park, public property or right-of-way, or enhance the general atmosphere of the community. [Ord. 3869 § 1, 2012; Ord. 3604 § 1, 2006]. 4.04.020 Concession agreements on public property. A. “Public property” shall mean any property in fee by the city of Edmonds. B. Concession agreements may be granted at the sole discretion of the city council from time to time as it deems appropriate, with the exception that the mayor shall have the discretion to grant certain seasonal concession agreements, subject to the limitations set forth in subsection (D) of this section. The revenue from the lease of public property shall accrue to the general fund; provided, however, that concession agreements for lease of property owned, purchased or utilized by a utility or other special purpose fund shall accrue to that fund. C. Such agreements shall be approved by the city council in a form created and approved by the city attorney. The lessee shall provide proof of insurance in a minimum of $1,000,000 per occurrence and $5,000,000 in the aggregate, or as recommended by the Washington Cities Insurance Authority, and shall fully indemnify and hold harmless the city, its officers, agents, employees and volunteers. D. Concession agreements relating to park property shall comply in all respects with the park plan adopted as a part of the city’s comprehensive plan. A concession agreement shall be approved only if, at the determination of the parks and recreation director, it is in line with the goals and objectives of that plan, and is appropriate for the particular park(s) in which the concession is to be located. Seasonal concession agreements, which are defined as those under which the vendor operates the concession only during the annual high season (usually May through September), may be granted by the mayor without city council approval or public hearing requirements. Seasonal concession agreements may be Packet Page 160 of 383 located in regional or community parks only, as defined in the park plan, and are subject to annual review and approval by the mayor and the parks and recreation director prior to renewal. E. Concession agreements relating to city property other than city park property shall be approved only after a public hearing. Notice of the public hearing shall be posted at the site sought for lease by a concessionaire. Concession agreements for city park property are not subject to public hearing requirements. [Ord. 3869 § 1, 2012; Ord. 3604 § 1, 2006]. 4.04.030 Leases of public right-of-way. A. “Public right-of-way” shall mean property held for street or alley purposes and shall typically be limited to unopened city right-of-way. The lease of public right-of-way developed for street purposes shall incorporate applicable terms from the street use provisions of Chapter 18.70 ECDC. B. Any concession agreement for the lease of unopened street right-of-way shall confer no vested right on the lessee. Any concession or lease agreement drafted by the city attorney shall provide that it may be terminable at the will of the city council with or without cause. On termination, a pro-rated portion of the lease payment shall be returnable to the concessionaire or lessee. C. The lessee shall provide proof of insurance in a minimum of $1,000,000 per occurrence and $5,000,000 in the aggregate and shall fully indemnify and hold harmless the city, its officers, agents, employees and volunteers. [Ord. 3607 § 1, 2006; Ord. 3604 § 1, 2006]. 4.04.040 Exemptions. Persons leasing property from the city through a concession agreement shall obtain a city business license. The use of property leased under a concession agreement shall be consistent with the uses permitted in the adjacent zone. “Adjacent zone” means that zoning, other than public zoning or right-of- way designation, which is closest to the area leased. In the event that differing zones are equidistant from the leased property, the more restrictive use provisions of an adjacent zone shall be applied. [Ord. 3604 § 1, 2006]. Packet Page 161 of 383 CONCESSION AGREEMENT COMES NOW, the City of Edmonds, Washington, a municipal corporation (hereinafter “City”) and Hot Diggity Dog (hereinafter “Concessionaire”) under the terms and conditions set forth herein: 1. Statement of Purpose. The purpose of this Concession Agreement is to authorize the temporary use as described herein of the unopened right of way of James Street immediately east of the ferry holding lanes. This Concession Agreement is a legislative action of the Council, and as provided herein, may be terminated by the Council at any time. The Concessionaire is authorized to use the location to sell food and beverages other than alcoholic beverages. Nothing herein shall be interpreted to relieve the Concessionaire of obtaining the approval of any necessary state or local entity, including requirements to obtain business and street use permits as referenced in this Agreement. 2. Premises. This Concession Agreement authorizes the use of certain unopened street right of way shown on the attached Exhibit A to the Concessionaire (hereinafter the “Premises”). The unopened right of way of James Street is shown on the attached Exhibit A, incorporated by this reference as fully as if herein set forth. Nothing herein shall be construed to authorize the Concessionaire to enter into the ferry holding lanes without the permission of the Washington State Department of Transportation, nor to vend its products in any location other than the Premises. 3. Undertakings of Concessionaire. In consideration of the benefits of this Agreement, the Concessionaire promises and agrees to: 3.1 Utilize the leased Premises for the maintenance of a movable cart as shown on the attached Exhibits B and C, incorporated by this reference as fully as if herein set forth (hereinafter the “Cart”). The Cart shall comply in all respects with the requirements of the Snohomish County Health Department. 3.2 Pay to the City the sum of $112.84 per month comprised of a base rent amount of $100 plus leasehold excise tax (12.84%) in the amount of $12.84. Such sum shall be paid on or before the first day of each month. Any payment not received by the fifth business day of each and every month shall be subject to a $25 service charge. Failure to remit the lease payment and service charge by the 15th day of each month shall be grounds for immediate termination of these provisions. In addition, an additional service charge of $25 shall be added for every period of five (5) business days thereafter. 3.3 Obtain a business license from the City for this location in accordance with the Edmonds City Code. 3.4 The Concessionaire shall provide as part of the street use permit process a certificate of insurance naming the City as an additional named insured. The policy shall provide public liability protection in the minimum amount of $1 million per Packet Page 162 of 383 occurrence and $2 million in aggregate. The insurance policy shall be primary as to any other policy of insurance. It shall provide that the policy may not be cancelled except upon the provision of thirty (30) days written notice to the City. 3.5 No sales of retail goods or services other than the selling of food or beverages shall be permitted. By way of illustration and not limitation, no sale of alcoholic beverages shall be permitted from this location. 3.6 Promise to indemnify and hold harmless, on behalf of Hot Diggity Dog, including the undersigned owner, as well as its successors, heirs and assigns, the City of Edmonds, its officers, agents and employees from any claim, loss or liability of any kind or nature arising from or out of the use of the Premises and/or the terms and conditions of this Agreement. To the extent necessary to enforce this promise, the Concessionaire as a part of the negotiation of the provisions of this Agreement, waives the immunities of Title 51 RCW to, but only to, the limited extent necessary to indemnify and hold harmless the City, its officers, agents and employees. 3.7 Concessionaire may terminate this Agreement on the provision of thirty (30) days written notice. 3.8 In the event of termination, Concessionaire shall restore the site to its original condition and remove all structures, temporary or permanent, by the date of termination. The City may, at its option, seize any personal property, temporary structure or other object or item left on the site and sell it in the event that it is not removed by the date of termination set in the notice from Concessionaire. The City may, at its option, restore the site and bill Concessionaire for the reasonable cost of restoration of the site to its original condition. If Concessionaire fails to pay the sum within thirty (30) days, the parties agree that the City may forward the sum to a collection agency for recovery. Concessionaire shall be responsible for any costs associated with such recovery, including reasonable attorneys’ fees, court costs and the charges of the collection agency. 4. Obligations of the City. The City shall: 4.1 Make available the unopened street right of way of James Street to the Concessionaire to vend food and beverages; provided, however, that nothing herein shall be interpreted to authorize the sale of alcoholic beverages from the site. 4.2 The City Council, in its sole legislative discretion, reserves the right under this Agreement to terminate its provisions at any time upon the provision of forty-eight (48) hours written notice. In addition, the City Council reserves the right to seek proposals for the leased premises or any other property or unopened right of way of the City for competitive bids from other vendors at such time and through such a process as in its sole discretion shall determine appropriate. The Concessionaire shall be provided an opportunity in any such future process to make a proposal on the same terms as other proposals, but shall have no competitive advantage in the process. The lease payments provided in paragraph 3.2 above are specifically set at a lower rate than market Packet Page 163 of 383 rates to acknowledge that this Concession Agreement is terminable at will. In the event of termination by the City, the City shall return a pro-rata portion of any prepaid rent. 5. No Assignment. This Agreement may not be assigned without the express approval of the Edmonds City Council, which may be withheld for any lawful reason or purpose. 6. Term. This Agreement, unless earlier terminated as herein provided, shall expire on April 1, 2015. The City may allow a holdover period to permit processing an application for renewal where, due to no fault of the applicant, the City is unable to complete its review, including a required public hearing, before the expiration date. 7. Entire Agreement. This is the entire agreement between the parties. It shall not be amended except in writing with the express written consent of the parties hereto. DONE this __________ day of ____________________, 2014. HOT DIGGITY DOG By: ___________________ Its: ___________________ STATE OF WASHINGTON ) )ss COUNTY OF SNOHOMISH ) I certify that I know or have satisfactory evidence that ______________________ is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath and stated that he/she was authorized to execute the instrument and acknowledged it as the ____________________ of HOT DIGGITY DOG, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED: ______________________________ NOTARY PUBLIC Printed Name: _______________________ My commission expires: Packet Page 164 of 383 CITY OF EDMONDS ______________________ Dave Earling, Mayor ATTEST/AUTHENTICATED: _______________________ Scott Passey, City Clerk APPROVED AS TO FORM: _______________________ Office of the City Attorney Packet Page 165 of 383    AM-6752     2. A.              City Council Committee Meetings Meeting Date:04/08/2014 Time:10 Minutes   Submitted For:Councilmember Bloom Submitted By:Jana Spellman Department:City Council Committee: Parks, Planning, Public Works Type: Potential Action Information Subject Title Heritage Tree Program Recommendation Review and forward to full Council for discussion and approval. Previous Council Action None Narrative The City of Edmonds Citizens' Tree Board finds that it is important to establish a Heritage Tree program in order to promote significant trees in the community. The program would include application by the property owner, nomination by the Citizens' Tree Board, and recommendation to City Council of formal designation of a Heritage Tree. Attachments Attach 1: Heritage Tree Resolution Attach 2: Property owner agreement form Attach 3: Nomination Form Form Review Inbox Reviewed By Date City Clerk Scott Passey 04/03/2014 10:29 AM Mayor Dave Earling 04/03/2014 11:18 AM Finalize for Agenda Scott Passey 04/03/2014 11:33 AM Form Started By: Jana Spellman Started On: 04/03/2014 09:57 AM Final Approval Date: 04/03/2014  Packet Page 166 of 383 RESOLUTION NO. ___ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, RESOLVING THAT THE EDMONDS CITIZENS’ TREE BOARD SHALL PREPARE AND RECOMMEND TO THE CITY COUNCIL A HERITAGE TREE PROGRAM IN ORDER TO PROMOTE SIGNIFICANT TREES IN THE CITY. ____________________________________________________________________________________ WHEREAS, the City of Edmonds values its history and local landmarks as the oldest city in Snohomish County; and WHEREAS, trees are one of the principal natural components that encourage and support the vibrant Pacific Northwest character; and WHEREAS, in 2010 the Edmonds City Council created a Citizens’ Tree Board consisting of seven member residents whose mission is to engage, encourage and educate both the city government and residents to protect the City’s current canopy resource and plant new trees appropriately for the long term benefit of the community; and WHEREAS, the Citizens’ Tree Board is empowered by way of Section 10.95.030 of the Edmonds City Code to advise and make recommendations to the Mayor and City Council on certain matters concerning trees; and WHEREAS, the Citizens’ Tree Board would like to create a Heritage Tree Program which would define what it means to be considered a “Heritage” tree, create a process to evaluate nominations from owners of trees who wish for their tree to be so designated and to then make recommendations to the Mayor and City Council as to which nominated trees should be given said designation; and WHEREAS, after the Citizens’ Tree Board makes its recommendation to the City Council, the City Council will then officially designate a tree a “Heritage” tree; and WHEREAS, once a tree is given this designation, the owner and the City will enter into an agreement as to the conditions required by the owner to maintain a tree as a “Heritage” tree; and WHEREAS, the purpose of the designation would serve to preserve the City’s historical beauty, by recognizing that there are significant (heritage) trees within the city; THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. That the Edmonds Citizens’ Tree Board should prepare and recommend to the City Council a Heritage Tree Program to promote significant trees in the City. Packet Page 167 of 383 RESOLVED this ____ day of ____, 20 ___. APPROVED: ______________________________ MAYOR, DAVID O. EARLING ATTEST/AUTHENTICATED: _________________________ CITY CLERK, SCOTT PASSEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. Packet Page 168 of 383 Heritage Tree Program Property Owner Agreement Form In exchange for the City of Edmonds’ designation of a tree as a “Heritage Tree”, the Owner of the tree so designated agrees to protect, maintain and care for the Heritage Tree located on his or her property by way of the conditions set forth herein: A. To preserve, maintain and care for the Heritage Tree in accordance with the Edmonds City Code and the Heritage Tree Program, so as to ensure that the Heritage Tree retains its significance; B. To acknowledge and understand that the responsibility of preserving, maintaining and caring for a single Heritage tree, or a collection of Heritage trees , shall remain the owner’s and does not become the responsibility of the City upon its designation as a Heritage tree, unless the tree(s) is owned by the City of Edmonds; C. To be responsible for the maintenance of their own Heritage trees, including all costs associated therein; D. To assume all liability associated with the maintenance of their own Heritage tree or trees; E. To notify the Edmonds’ Citizens’ Tree Board of plans to remove a Heritage Tree prior to its removal; and F. To take part in any required permitting processes as required by the Edmonds City Code, or any other process as established by way of the Heritage Tree Program, prior to the removal of a Heritage Tree(s). As Property Owner of the _______________________ (species) tree now being considered for special designation, I hereby consent to its being designated a Heritage Tree by the Citizens’ Tree Board of Edmonds, Washington. Location (address, tax lot): __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ Signed: ____________________________________________________ Property Owner Date: ___________________________ Submit to: Heritage Tree Program Phone: 425-775-2525 121 5th Ave N Edmonds, WA 98020 email: heritagetree@edmonds.wa.gov Approved by Citizens’ Tree Board: ____________________________________________(Date) Filed with Edmonds Heritage Tree Program _____________________________________ (Date) Posted to Tree Board Website ________________________________________________(Date) Packet Page 169 of 383 Heritage Tree Program Nomination Form Nominator: Property Owner, if different (must agree to nomination): Name ______________________________ Name ______________________________ Address ______________________________ Address ______________________________ ______________________________ ______________________________ Phone (Day) ______________________________ Phone (Day) ______________________________ (Eve) ______________________________ (Eve) ______________________________ Email ______________________________ Tree Information: Location or address: ___________________________________________________________________ Species or common name (if known) ____________________________________ Single or collection of trees (how many?) _______________________________________ Height: _______ feet Crown: (approximate distance of total spread from one side to other) ______ feet Circumference: distance around trunk at 4.5 feet from ground _________ inches (approximate or measured) Age of tree: (if known or estimate) _________ Condition: Appears Healthy _____ Appears Diseased _____ Structural/pruning problem _____ List any Historical facts about the tree (documented or estimated) What is the most noteworthy quality of the tree(s)? Size_____ Aesthetic qualities_____ Visibility_____ Rare horticultural value_____ Historical_____ Please provide all information digitally to the Tree Board (email address, here). Information can include a photograph, simple location map and any supportive documentation. Submit to: Heritage Tree Program c/o Edmonds Citizens’ Tree Board 121 5th Ave N Edmonds, WA 98020 Phone: 425-775-2525 Packet Page 170 of 383    AM-6758     2. B.              City Council Committee Meetings Meeting Date:04/08/2014 Time:10 Minutes   Submitted By:Shane Hope Department:Development Services Committee: Parks, Planning, Public Works Type: Action Information Subject Title Alliance for Housing Affordability Interlocal Agreement for 2014-2015 Recommendation Forward ILA amendment to the full Council for approval. Previous Council Action The City Council previously approved an ILA for this purpose and funded the first year of the City's contribution. Narrative About one year ago, an Interlocal Agreement - or ILA (See Exhibit 5: Original ILA) - established the Alliance for Housing Affordability (AHA), of which the City of Edmonds and nearly a dozen other jurisdictions are members.  The ILA needs a minor amendment (see Exhibit 1: Proposed ILA Amendment and Exhibit 2:AHA Memo) to specifically include the City of Arlington as a member of AHA, given that Arlington was not an original member and now wants to join. The contribution for each jurisdiction is based on population and reflects the remaining one-year need after inclusion of a Gates Foundation grant.  Over the last few months, the AHA Board has been organizing to address housing issues. (See Exhibit 2: Memo.)  A new work plan has been proposed for FY 2015, which is the year that will begin July 2014. (See Exhibit 4: Work Plan.)  NOTE: City Council member Diane Buckshnis represents Edmonds on the AHA Board and Development Services Director Shane Hope provides staff support. For the Council's information, the next fiscal year under the ILA begins in July 2014. The City of Edmonds contribution will be increasing by 3% this coming year to a total of $2,457. (See Exhibit 3: Budget.). Attachments Exhibit1: Proposed ILA Amendment Exhibit2: AHA Memo Exhibit 3: Budget Exhibit 4: Work Plan Exhibit 5:Original ILA Form Review Inbox Reviewed By Date City Clerk Scott Passey 04/04/2014 07:52 AM Mayor Dave Earling 04/04/2014 09:48 AM Finalize for Agenda Scott Passey 04/04/2014 09:54 AM Form Started By: Shane Hope Started On: 04/03/2014 02:47 PM Final Approval Date: 04/04/2014  Packet Page 171 of 383 After Recording Return to: City of Mountlake Terrace 6100 219th Street SW, Suite 200 Mountlake Terrace, WA 98043-0072 Amendment No. 1 To Interlocal Cooperation Agreement for Inter-Jurisdictional Coordination Relating to Affordable Housing Within Snohomish County THIS AMENDMENT NO. 1 to that certain Interlocal Cooperation Agreement for Inter-Jurisdictional Coordination Relating to Affordable Housing Within Snohomish County effective November 5, 2013 (the “Agreement”) is made by and among the cities of Edmonds, Everett, Granite Falls, Lake Stevens, Lynnwood, Marysville, Mill Creek, Mountlake Terrace, Mukilteo, and Snohomish, and the town of Woodway, all of which are municipal corporations organized under the laws of the State of Washington; the Housing Authority of Snohomish County, a public housing authority organized under Ch. 35.82 RCW; and Snohomish County, a political subdivision of the State of Washington (herein each referred to individually as a “Party” and collectively as the “Parties”). This Amendment No. 1 shall be effective as of July 1, 2014. WHEREAS, the city of Arlington, a municipal corporation organized under the laws of the State of Washington, wishes to sign onto the Agreement and be bound by all of the terms and conditions of the Agreement; and WHEREAS, the Parties wish to add the city of Arlington as a Party to the Agreement; and NOW, THEREFORE, the Parties agree as follows: 1. The introduction to the Agreement is hereby amended to read in its entirety as follows: “This Interlocal Agreement (“Agreement”) is made and entered into by and among the cities of Arlington, Edmonds, Everett, Granite Falls, Lake Stevens, Lynnwood, Marysville, Mill Creek, Mountlake Terrace, Mukilteo, and Snohomish, and the town of Woodway, all of which are municipal corporations organized under the laws of the State of Washington; the Housing Authority of Snohomish County, a public housing authority organized under Ch. 35.82 RCW; and Snohomish County, a political subdivision of the State of Washington (herein Packet Page 172 of 383 each referred to individually as a “Party” and collectively as the “Parties”). This Agreement is made pursuant to the Interlocal Cooperation Act, Chapter 39.34 RCW, and has been authorized by the governing body of each Party. The Parties agree as follows:” 2. Section 5 (c) of the Agreement, Proposed Annual Budget, is hereby amended to add the following two sentences after the first sentence: “The city of Arlington’s contribution for fiscal year July 1, 2014 through June 30, 2015, shall be $1,074, which has been determined per Section 5 (c) (ii) of the Agreement. The city of Arlington’s governing body shall appropriate its share of the fiscal year July 1, 2014 through June 30, 2015 budget by May 31, 2014.” 3. Section 13 (d) of the Agreement, Notice Addresses of Parties, is hereby amended to add the following text after the first sentence: City of Arlington Paul Ellis 238 N Olympic Ave Arlington, WA 98223 360-403-4603 pellis@arlingtonwa.gov This Amendment No. 1 may be executed in multiple counterparts and, if so signed, shall be deemed one integrated Amendment No. 1. The undersigned signatories represent that they are authorized to execute this Amendment No. 1 on behalf of the respective Party for which they have signed below. All other terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 1 as of the effective date set forth above. CITY OF ARLINGTON CITY OF EDMONDS By: ____________________________ Signature Date By: ____________________________ Signature Date Its: ____________________________ Its: ____________________________ Packet Page 173 of 383 CITY OF EVERETT CITY OF GRANITE FALLS By: ____________________________ Signature Date By: ____________________________ Signature Date Its: ____________________________ Its: ____________________________ CITY OF LAKE STEVENS CITY OF LYNNWOOD By: ____________________________ Signature Date By: ____________________________ Signature Date Its: ____________________________ Its: ____________________________ CITY OF MARYSVILLE CITY OF MILL CREEK By: ____________________________ Signature Date By: ____________________________ Signature Date Its: ____________________________ Its: ____________________________ CITY OF MOUNTLAKE TERRACE CITY OF MUKILTEO By: ____________________________ Signature Date By: ____________________________ Signature Date Its: ____________________________ Its: ____________________________ CITY OF SNOHOMISH TOWN OF WOODWAY By: ____________________________ Signature Date By: ____________________________ Signature Date Its: ____________________________ Its: ____________________________ HOUSING AUTHORITY OF SNOHOMISH COUNTY SNOHOMISH COUNTY By: ____________________________ Signature Date By: ____________________________ Signature Date Its: ____________________________ Its: ____________________________ Packet Page 174 of 383 Memorandum To: Rob Chave, Planning Manager, City of Edmonds From: Kristina Gallant, Alliance for Housing Affordability Analyst Date: April 2, 2014 Subject: Alliance for Housing Affordability ILA Amendment and Status Update _________________________________________________________________________________________ This memo accompanies Amendment 1 to the Alliance for Housing Affordability’s Interlocal Agreement, which is presented for approval by your City Council. In addition to outlining the need for this amendment, I will provide an update of the Alliance’s progress to date. BACKGROUND The Alliance for Housing Affordability was established to create a venue for cities in Snohomish County to share resources and plan collaboratively for affordable housing. This group is intended to function within existing structures to support cities in a cost-effective manner, rather than adding additional regulatory burden. In late 2013, Edmonds signed an Interlocal Agreement formally establishing the group was signed in late 2013 along with 10 other cities, the County, and Housing Authority of Snohomish County. Once finalized, the group hired Kristina Gallant to serve as the group’s full time dedicated staff person. Last month, the work plan and budget to take the group through mid-2015 were formally adopted. The City of Arlington desires to join the group, but there is no method to add a new party to the group without a formal amendment, which must be approved and signed by all parties. This is due to the nature of the partnership, which creates a venue for Cities to collaborate and share resources, but does not grant independent power to the Alliance’s board. The accompanying Amendment 1, once approved and signed by all parties, will simply add Arlington as a party to the ILA effective July 1, 2014. It will not change the agreement as it relates to the City of Edmonds in any other way. ALLIANCE STATUS UPDATE Since being hired in November 2013, my work has largely been occupied by preparing “housing profiles” for every AHA member city. Edmonds’ profile will be completed in June. These profiles provide an in-depth view of each City’s entire housing stock juxtaposed with local demographics and trends, and draw from a wide range of data sources. They are written to be highly readable and informative, even for those with limited knowledge of housing policy, and include an array of maps, tables, charts, and other visual aids. I developed Packet Page 175 of 383 Alliance for Housing Affordability ILA Amendment and Status Update Page 2 of 2 April 2, 2014 the profile model as an intern supporting the group from 2012-2013, and have completed profiles for five cities to date. With the assistance of a new intern, profiles for two more cities are underway. While most of my time is devoted to the profile project, I am preparing to move forward with other elements of the work plan after all profiles are complete. In general, I will be shifting from working to understand conditions in all member cities to providing more technical expertise and education on housing issues, tailored to suit the different jurisdictions. This includes developing a website for the group, which will come online by the end of the second quarter of this year. In addition to providing updates on the group’s progress, this website will serve as a resource for city officials and employees on housing policy tools and news. I anticipate that a major portion of my work in the latter half of 2014 will be to support member cities preparing housing elements for their 2015 comprehensive plan updates. I am available to assist City officials and staff as needed through this process. NEXT STEPS  Once signed by all parties, Arlington will become a paying member of the Alliance effective July 1, 2014  Housing profile for the City of Edmonds delivered in June  AHA Staff available to assist City Staff and Council as needed RECOMMENDATION  Approve and sign Amendment 1 to the Alliance for Housing Affordability Interlocal Agreement Packet Page 176 of 383 Alliance for Housing Affordability ILA Amendment and Status Update Page 2 of 2 April 2, 2014 Packet Page 177 of 383 ALLIANCE FOR HOUSING AFFORDABILITY Gates  Foundation Cities and  County HASCO Total Revenues Remaining FY14 Revenue $40,928 $0 $0 $40,928 FY15 Revenue $0 $42,118 $58,304 $100,422 Total FY15 Revenue $40,928 $42,118 $58,304 $141,350 Expenses 1.0 FTE Analyst Salary $40,928 $11,194 $7,878 $60,000 Fringe Benefits @ 39%$23,400 $23,400 Local Travel / Mileage $1,288 $1,288 Supplies and Phone $1,236 $1,236 Third Party Consulting $5,000 $5,000 HASCO Staff Time2 $38,260 $38,260 HASCO Overhead $12,166 $12,166 Total Expenses $40,928 $42,118 $58,304 $141,350 FY2014  Contribution FY2015  Contribution5 % Increase $1,000 $1,030 3% $1,000 $1,030 3% $1,000 $1,030 3% $3,000 $3,090 $17,320 $17,840 3% $6,213 $6,399 3% $3,613 $3,721 3% $2,385 $2,457 3% $2,151 $2,216 3% $1,682 $1,732 3% $1,209 $1,245 3% $1,188 $1,224 3% $1,088 $1,121 3% $0 $1,074  ‐  36,849 $39,028 39,849 42,118 Snohomish3 PROPOSED FY2015 OPERATING BUDGET 1 PROPOSED FY2015 CITY AND COUNTY CONTRIBUTIONS Joint Board Members Mountlake Terrace Granite Falls3 Woodway3 Subtotal County Everett Marysville Edmonds Lynnwood Lake Stevens Mukilteo 1. FY2015 is 7/1/2014 to 6/30/2015. Joint board needs to adopt the FY2015 budget by 3/31/2014. 2. Includes cost for 0.2 FTE DPP Manager and a 0.5 FTE intern 3. Minimum annual commitment of $1,030 for any participant. This represents a 3% increase to the original  $1,000 minimum 5. FY2015 contribution amounts are based on a 3% increase from FY2014. FY2015 contributions should be  sent to the fiscal agent by June 15, 2014.  In future years, contribution amounts will be based on each  jurisdiction's share of the subtotal population, per the Interlocal Agreement. Mill Creek Subtotal Total City and County Arlington4 4. Arlington's FY2015 contribution is based on what they would have paid in FY2014, with a 3% increase Packet Page 178 of 383 FY2015 Draft Work Plan (July 2014 – June 2015) 1. Synthesize/Analyze Data a. Prepare and update Housing Profiles on schedule established by Board Identify where existing affordable housing units are located and whether they are under threat of conversion, their condition, and condition of surrounding public infrastructure. Continue to work with profiled cities to explore interest and establish priorities for further research. b. Identify data gaps and develop a strategy to resolve those gaps. 2. Provide Technical Expertise a. Support jurisdictions preparing housing elements for comprehensive plan updates b. Create a template jurisdictions can use in drafting their own housing profiles and/or educational literature Prepare/gather a range of educational materials, including working definitions of housing concepts, best practices, case studies, and visual aids. 3. Education and Outreach a. Develop a strategy and tools to educate elected officials on affordable housing issues and the roles they can play in obtaining funding for housing programs. Research legislative changes, legislative agendas, and funded projects. Design workshop for elected officials to better inform them of housing issues and funding opportunities/challenges/processes. Present regularly to participant city councils on affordable housing issues in the context of their city. Identify elected officials who could serve as primary contact points for federal and state agencies which provide housing funding (this would assist in attract housing money to Snohomish County). b. Package the Alliance message and brand Create a succinct statement and narrative outlining the Alliance for Housing Affordability’s mission. Develop Alliance website. Use the message to promote media exposure of the Alliance’s existence and goals. 4. Grants and Financial a. Track upcoming funding opportunities and newly funded projects. b. Research strategies for leveraging CDBG and other funds. c. Explore common strategies to pursue funding to be used by cities individually or collectively. d. Study potential new revenue generation tools that can be used to fund projects. Packet Page 179 of 383 INTERLOCAL COOPERATION AGREEMENT FOR INTER-JURISDICTIONAL COORDINATION RELATING TO AFFORDABLE HOUSING WITHIN SNOHOMISH COUNTY This Interlocal Agreement ("Agreement") is made and entered into by and among the cities of Edmonds, Everett, Granite Falls, Lake Stevens, Lynnwood, Marysville, Mill Creek, Mountlake Terrace, Mukilteo, and Snohomish, and the town of Woodway, all of which are municipal corporations organized under the laws of the State of Washington; the Housing Authority of Snohomish County, a public housing authority organized under Ch. 35.82 RCW ; and Snohomish County, a political subdivision of the State of Washington (herein each referred to individually as a “Party” and collectively as the “Parties”). This Agreement is made pursuant to the Interlocal Cooperation Act, Chapter 39.34 RCW, and has been authorized by the governing body of each Party. The Parties agree as follows: RECITALS WHEREAS, the Parties have a common goal to facilitate the availability of housing within Snohomish county and their respective jurisdictions that meets the needs of all income levels; and WHEREAS, the Parties desire to provide a common foundation for housing policies and programs in Snohomish County and to complement—without duplication of or conflict with—the efforts of existing governmental and non-governmental organizations to address housing needs in Snohomish county; and WHEREAS, the Parties further desire to act cooperatively (1) to educate and provide technical expertise in support of the affordable housing goals and policies of the Parties, as communities in Snohomish county; (2) to foster efforts to provide affordable housing by encouraging funding of housing projects from any combination of public, non-profit, and private-sector resources; (3) to seek opportunities to leverage resources to support implementation of the housing goals and policies of the state Growth Management Act and the Countywide Planning Policies relating to affordable housing; and (4) to accomplish the foregoing purposes efficiently and expeditiously; and WHEREAS, the Parties have determined that one efficient and expeditious method for addressing affordable housing needs in Snohomish county is through the cooperative action by the Parties contemplated by this Agreement; and WHEREAS, this cooperative undertaking is not intended to duplicate or to be in conflict with efforts of public, private, and non-profit corporations and other entities, including the Parties, already providing affordable housing-related services; NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: 1. Purpose. The purpose of this Agreement is to create a venue for the Parties to Packet Page 180 of 383 undertake planning, cooperation and education in support of the goal of enhancing the supply of affordable housing in Snohomish county. 2. Term . This Agreement shall be effective when it has been both (a) executed by the Parties and (b) filed in the offices of the Snohomish County Auditor. The term of this Agreement will expire on June 30, 2015, unless: (a) the Agreement is terminated earlier by action of the Parties in accordance with Section 7(a) hereof; or (b) a simple majority of the Joint Board membership vote to extend the Agreement prior to March 31, 2015. The Parties may continue to vote in this manner to extend the Agreement in two (2) year increments prior to March 31st of of the final year of each term. 3. Governance . To accomplish the purpose of this Agreement, a Board of representatives from the Parties is hereby created (the "Joint Board"). The Joint Board shall have policy-making and oversight authority over the activities undertaken in this Agreement. The cooperative undertaking of the signatories to this Agreement shall be known as the Alliance for Housing Affordability ("Joint Board" or "AHA"). (a) Representatives . The Joint Board shall consist of authorized representatives of the Parties. Each Party shall appoint one individual to act as its Representative. No later than 30 days following the effective date of this Agreement and thereafter no later than January 31 of each calendar year, each Party shall provide notice in writing to the other Parties of the identity and contact information for its Representative. (b) Alternates . Each Party may designate one individual to serve in the place of its Representative on the Board during the Representative's absence or inability to serve. If an Alternate is designated by a Party, the Party shall notify the Joint Board in the manner described in subparagraph (2)(a) above. (c) Meetings . A quorum of the Board shall consist of a simple majority of the Representatives (or Alternates serving in their stead) being present at the meeting. (i) All meetings of the Board shall be open to the public and held in accordance with the Open Public Meetings Act, Chapter 42.30 RCW (the “OPMA”). (ii) Subject to the provisions of this Agreement and the OPMA, the Joint Board shall establish procedures for operations, meetings, and the frequency of meetings, provided that the Board shall meet not less often than quarterly. Packet Page 181 of 383 (iii) Meetings of the Board shall be conducted according to Robert’s Rules of Order, except when the Board agrees to waive or suspend those Rules. The Board shall provide for written minutes of all meetings of the Board. (d) Voting . Action taken by the Board shall be by majority vote of those Representatives present (including Alternates serving in the absence of the appointed Representatives) except that a change in the Administrative Agency appointed shall require an affirmative vote of at least the majority of the Joint Board membership. (e) Officers of Joint Board . The Representatives shall each year elect from their number a Chair and Vice Chair. The Chair shall set the agenda, preside over all meetings of the Board, and shall, with the assistance of the Administrative Agency, process issues, organize meetings, and provide for administrative support as required by the Joint Board. The Vice Chair shall fulfill the duties of the Chair in the absence, incapacity or resignation of the Chair. 4. Authorized Actions of the Joint Board . The Parties agree that the Joint Board shall have the authority to: (a) Develop housing information to assist local elected officials; (b) Provide technical assistance to Parties for their use in developing and implementing local housing policies, programs and regulations; (c) Educate on housing issues, and resources available to assist in the development and retention of affordable housing; (d) Propose to the Parties methods for attracting additional public, private, and not- for-profit investment into affordable housing, including by coordinating, leveraging or contributing local resources; (e) Identify opportunities for retention of existing sustainable housing; (f) Support, on a planning and technical assistance level, the activities of Parties in aid of the construction of affordable housing; (g) Discuss and bring forward proposals for cooperation among the Parties in promoting affordable housing, which shall be referred to the governing bodies of the Parties for consideration; (h) Monitor legislative and regulatory activities related to affordable housing at the state and federal levels; (i) Research model programs, develop draft legislation, prepare briefing materials, and make presentations to planning commissions and councils upon request by a Packet Page 182 of 383 Party; (j) Develop technical information about standard regulatory agreements acceptable to private and public financial institutions to facilitate the availability of funding for private and public projects containing affordable housing; (k) Recommend an annual budget for approval by the governing body of each Party, which shall detail the authorized expenditures for the coming fiscal year; (l) Establish an annual work-plan, specifying the activities planned for the coming fiscal year, to accompany the recommended annual budget; (m) Submit an annual report to the governing body of each Party, apprising that Party of the tasks undertaken and accomplishments of the Joint Board in the previous fiscal year; (n) Take other appropriate and necessary action to carry out the purposes of this Agreement, provided that any commitment of resources outside the scope of the annual budget or policies not within the annual work plan shall be subject to the ultimate approval of the governing bodies. (5) BUDGET; APPROPRIATIONS; OTHER FISCAL MATTERS . (a) Fiscal Year . The Joint Board shall operate for budgeting and expenditure purposes on the basis of a fiscal year beginning July 1 and ending the following June 30. (b) Initial Year of the Agreement . The Parties have appropriated funds for the first year's budget of the Joint Board. The appropriated funds are shown on Attachment A to this Agreement. Upon execution of this Agreement, the Administering Agency may bill each Party for the committed funds and deposit them in the Operating Fund (see Paragraph 5(d) below). Funds granted for the purposes of this Agreement from the Gates Foundation (also shown on Attachment A) will also be deposited in the Operating Fund. The budget and work plan for the fiscal year July 1, 2013 through June 30, 2014 is shown on Attachment B. (c) Proposed Annual Budget . For the fiscal year July 1, 2014 through June 30, 2015, the Joint Board shall recommend a Joint Board annual operating budget, proposed work plan, and annual report for submission to the governing body of each Party by September 1, 2013. For each fiscal year thereafter, the Joint Board shall recommend a Joint Board annual operating budget, proposed work plan, and annual report for submission to the governing body of each Party by June 1 of the preceding calendar year. (i) The recommended operating budget shall include, but not be limited to, Packet Page 183 of 383 reimbursements to the Administrative Agency for staff support, consultant, vendor and contractor costs and other costs for the work plan, and shall contain itemizations of all categories of budgeted expenses. (ii) Each Party’s proposed contribution shall be calculated as a percentage of the entire proposed budget, with that percentage determined on a per capita basis after factoring for available funds from grants and carryover of unspent funds from a previous budget. (d) Authorization by Parties; Revisions . Upon receipt of the Joint Board- proposed budget, each Party shall consider approval and appropriation of its share of the proposed budget for the upcoming Fiscal Year in order to determine the amount of its payment to the Operating Fund. A Party's contribution may consist , in whole or in part, of in-kind services, if approved in the Final Budget. If any Party does not approve and appropriate its share of the Joint Board- proposed budget, it shall notify the Board, through the Party's Representative, of the amount it would be willing to approve and appropriate. The Joint Board shall then reconsider the budget and work plan and make adjustments accordingly. The revised budget will then be resubmitted to the Parties for consideration. The Parties acknowledge and agree that no commitment to pay any Party’s share of a Joint Board-budgeted amount shall be effective absent an appropriation of funds by the legislative body of that Party in accordance with state and local law. (e) Adoption of Final Budget . Upon approval of a budget and appropriation of their respective shares by the legislative bodies of all Parties, the Joint Board shall adopt the final budget and begin implementation of the work plan. The budget shall be adopted by the Joint Board no later than the March 31 preceding the commencement of the next-ensuing Fiscal Year. (f) Billings; Payments . The Fiscal Agent shall mail billings based on the approved budget to each Party by no later than the April 30 preceding each Fiscal Year. Payments shall be due from the Parties by no later than June 15 and shall be deposited by the Administrative Agency upon receipt into the Operating Fund. (g) Budget Amendments . No approved Joint Board budget shall be modified unless and until approved by the legislative bodies of the Parties and the Board in accordance with the procedures set forth in subsections (b)-(d) above, except that the Board may make modifications to the budget that carry out the work program so long as the total amount of the budget is not increased. (h) No Other Charges . Except for the annual payments based upon an approved budget as set forth above, no separate dues, charges, or assessments shall be recommended to the Parties except upon affirmative vote of at least a majority of the membership of the Board. Packet Page 184 of 383 6. Administration . The Joint Board shall appoint an Administrative Agency who is willing and capable of providing fiscal, technical and administrative support to the Joint Board. (a) Duties of Administrative Agency. The Administrative Agency shall provide services, including but not limited to: (i) administrative support for Board meeting (including preparing meeting notices, agendas and minutes); (ii) responding to requests for public records; (iii) conducting audits; (iv) procuring and entering into contracts with consultants, vendors or other contractors on behalf of the Parties; (v) developing a proposed annual work plan and budget for Board consideration; (vi) serving as fiscal agent to the Joint Board, provided that the Joint Board may appoint a separate Party to be the “Fiscal Agent” or “Fiscal Agency” in accordance with the procedure set out in subsection (6)(i), and the duties set out in subsection (c), (d), (e), and (g) of this section will apply to the separate Fiscal Agency; (vii) applying for grants; and (viii) providing such other services as the Board directs and are within the authority of this Agreement and the Board-adopted work plan and budget. (b) Administrative Agency Actions in Conformity with Its Internal Policies and Procedures . At all times, the Administrative Agency shall comply with applicable legal authorities. This shall include following the Administrative Agency's own internal processes applicable to comparable actions taken on its own behalf, including its contracting and procurement policies. At each regular meeting of the Board, the Administrative Agency shall report on the status of its activities including contracting, grant applications and any proposed changes to the Board- adopted work plan and budget. (c) Fiscal Agent. The Fiscal Agent, or Administrative Agency acting as the fiscal agent, shall receive and deposit into, and expend funds from, the Operating Fund created by Section 6(d) hereof for Joint Board purposes only. At all times, the Fiscal Agent and Administrative Agency shall comply with applicable legal authorities and its own internal processes regarding its action. At each regular meeting of the Board, the Fiscal Agent and Administrative Agency shall report on the status of its activities including Operating Fund receipts and expenditures. (d) Operating Fund. The Fiscal Agent or Administrative Agency acting as the Fiscal Agent shall establish a fund which shall constitute the “operating fund of the Joint Board” for purposes of RCW 39.34.030(4)(b) and is herein referred to as the Operating Fund. All funds received on behalf of the Joint Board shall be deposited in the Operating Fund and all costs and reimbursements paid on behalf of the Joint Board shall be paid from the Operating Fund. At the Fiscal Packet Page 185 of 383 Agent’s sole discretion, the Operating Fund may be established as an administrative fund or sub-fund within an existing fund. The Parties agree that interest will not accrue on the Operating Fund. (e) Accounting . Budgeting procedures and records shall conform to generally accepted accounting principles and to the State Auditor’s budget, accounting and reporting (“BARS”) manual, and shall be subject to disclosure and audit as provided by applicable law. (f) Services and Reimbursement . The Administrative Agency shall be reimbursed for its costs in providing the services required as Administrative Agency. (i) The Administrative Agency will provide qualified staffing for technical and administrative services to the Joint Board. After considering the advice and recommendations of the Joint Board, the Administrative Agency will designate a level of qualified staffing necessary to carry out the Board’s annual work plan consistent with the approved budget in order to provide technical and administrative services as set out by the Joint Board work plan.. Designated staff rendering services hereunder shall be considered employee(s) of the Administrative Agency for all purposes. The Administrative Agency shall be responsible for all aspects of the staff’s employment including but not limited to wages, benefits, performance, discipline and termination. The Administrative Agency shall address staffing issues within sixty (60) days of a receipt of a written request from the Joint Board outlining the reasons for said request. Any written request related to staffing shall be delivered to the Administrative Agency personally or by certified or registered mail. (ii) The Administrative Agency shall be reimbursed for the wages of designated staff providing services that are related to and required to carry out the duties of the Administrative Agency as set out in the annual budget and work plan. (iii) Any contract expenditures or other costs incurred by the Administrative Agency at the direction of the Joint Board or required under this Agreement shall also be reimbursed, and such costs shall be reflected in the annual budget and work plan. (g) Liabilities of Fiscal Agent, Administrative Agency; Late Payments; Failures to Pay. The Fiscal Agent or Administrative Agency may not incur costs that exceed the approved budget and shall not be obliged to incur costs or advance its own funds if the Operating Fund balance is not sufficient to cover costs payable from the Operating Fund. In the event that one or more Parties do not remit payment within the timeframes prescribed by this Agreement, the Fiscal Agent or Administrative Agency may, but is not obliged to, make a payment to avoid Packet Page 186 of 383 breach of an obligation with an outside party such as a consultant, vendor or contractor. Each Party shall be responsible and liable to the other Parties for interest and other costs, claims or liabilities of any kind that result from late payment by the Party, and the late-paying Party shall defend, indemnify and hold harmless the other Parties from such costs, claims or liabilities resulting from the late payment. For clarification and without limiting the foregoing, the late-paying Party will be responsible for any late payment charges. In the event that a Party fails to pay its individual share of the Board’s adopted final budget, the other Parties may also seek a judgment against said Party. Any costs incurred to seek the judgment and recover costs will be charged in full against the responsible Party. (h) Initial Appointment . The initial Administrative Agency shall be the Housing Authority of Snohomish County. (i) Change in Administrative Agency. The Administrative Agency may be changed by a majority vote of the majority of the membership in the Joint Board. The Administrative Agency may resign from its appointment on ninety (90) days written notice. 7. Termination of Agreement . (a) By Affirmative Vote . This Agreement may be terminated at any time by affirmative vote of a majority of the Joint Board Representatives. (b) Withdrawal. (c) Any Party may withdraw from this Agreement and thereby terminate its participation in the Agreement by providing 90 days' prior written notice to every other Party and to the Joint Board. Upon withdrawal, any contributions previously authorized by the governing body of the Party for that fiscal year shall remain in the Operating Fund, to meet any obligations incurred in reliance upon the approved Budget. In the event any Party fails to approve and appropriate funds to pay for the next fiscal year’s budget by March 1 of any year, such Party shall be deemed to have provided notice of withdrawal effective upon June 30 of the then current fiscal year. Additionally, should the Housing Authority of Snohomish County cease to be the Administrative Agency, by vote or resignation, the Housing Authority of Snohomish County will be deemed to have submitted a notice of withdrawal pursuant to the provisions of this subsection. Expiration . This Agreement shall expire automatically if the Joint Board fails to vote to extend prior to the expiration date as set forth in section 2(b) of this Agreement, or if there is less than three remaining Parties. (d) Acts Upon Termination. Upon termination of this Agreement, the Joint Board shall be dissolved and the Board shall establish a plan of dissolution for payment of outstanding bills and obligations, payment of ongoing obligations incurred prior to dissolution and other terms to wind up the affairs of the Joint Packet Page 187 of 383 Board. All assets and liabilities of the Joint Board shall be dispensed with [and property acquired or set aside during the life of the Agreement shall be disposed of in the following manner: (i) all assets contributed without charge by any Party shall revert to the contributing Party; (ii) all assets acquired by the administering agency for the purpose of carrying out the work of the Joint Board and purchased by the Parties contributions during the term of the Agreement shall be distributed to the Parties based on each Party's pro rata contribution to the overall budget during the fiscal year the asset was acquired; (iii) any liability remaining after the application of unencumbered funds shall be dispensed consistent with the approved budget as determined by the Board; and (iv) except as provided by this Agreement, all unexpended and unencumbered funds held in the Operating Fund shall be distributed by the Fiscal Agency to the Parties based on each Party's pro rata contribution to the overall budget in effect at the time the Agreement is terminated. 8. Indemnification and Hold Harmless . (a) Each Party shall, indemnify and hold other Parties (including without limitation the Party serving as, and acting in its capacity as the Administering Agency), their officers, officials, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of that Party’s wrongful acts or omissions in connection with the performance of its obligations under this Agreement, except to the extent the injuries or damages are caused by another Party. In the event of recovery due to the aforementioned circumstances, the Party responsible for any such wrongful acts or omissions shall pay any judgment or lien arising therefrom, including any and all costs and reasonable attorneys fees as part thereof. In the event more than one Party is held to be at fault, the obligation to indemnify and to pay costs and attorneys fees, shall be only to the extent of the percentage of fault allocated to each respective Party by a final judgment of the court. (b) Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of a Party hereto (including without limitation the Party serving as, and acting in its capacity as, the Administering Agency), its officers, officials, employees, and volunteers, the Party’s liability hereunder shall be only to the extent of the Party’s negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Party’s waiver of immunity under Industrial Insurance Title 51 RCW, solely for the purpose of this indemnification. This waiver has been mutually negotiated by the Parties. Packet Page 188 of 383 The provisions of this Section shall survive the expiration or termination of this Agreement. (c) Each Party (including without limitation the Party serving as, and acting in its capacity as the Administering Agency) shall give the other Parties proper notice of any claim or suit coming within the purview of these indemnities. (d) Notwithstanding any provision in this Agreement to the contrary, the provisions of this section shall remain operative and in full force and effect, regardless of the withdrawal or termination of any Party or the termination of this Agreement for the duration of any applicable statute of limitations 9. Insurance . The Joint Board, the Fiscal Agency, and the Administering Agency shall take such steps as are reasonably practicable to minimize the liability of the Parties associated with their participation in this Agreement, including but not limited to the utilization of sound business practices. The Board shall determine which, if any, insurance policies may be reasonably practicably acquired to cover the operations of Joint Board and the activities of the Parties pursuant to this Agreement (which may include general liability, errors and omissions, fiduciary, crime and fidelity insurance), and shall direct the acquisition of same. 10. Dispute Resolution. Whenever any dispute arises between the Parties or between a Party or Parties, the Board, or the Administering Agency (referred to collectively in this Section as the “parties” ) under this Agreement which is not resolved by routine meetings or communications, the parties agree to seek resolution of such dispute in good faith by meeting, as soon as feasible. The meeting shall include the Chair of the Board, the Vice-Chair, and the representative(s) of the Parties involved in the dispute. If the parties do not come to an agreement on the dispute through this process, any party may pursue mediation through a process to be mutually agreed to in good faith between the parties within 30 days, which may include binding or nonbinding decisions or recommendations. The mediator(s) shall be individuals skilled in the legal and business aspects of the subject matter of this Agreement. The parties to the dispute shall share equally the costs of mediation and assume their own costs. If the Parties are not able to resolve the dispute through the above process, or conduct or resolve the dispute through mediation, then any Party may pursue whatever legal remedies may be available. 11. Public Records; Confidential Information . (a) Application of PRA . All records related to this Agreement or the Joint Board will be available for inspection and copying under the provisions of the Public Records Act, Chapter 42.56 RCW (the “PRA”), subject to any exemptions or limitations on disclosure. (b) Confidential Information. If a Party considers any portion of a record it provides another Party under this Agreement, whether in electronic or hard copy Packet Page 189 of 383 form, to be protected from disclosure under law, the Party shall clearly identify any specific information that it claims to be “Confidential.” A Party receiving a request for a record marked as Confidential shall notify the other Parties of the request and the date that such record will be released to the requester unless another Party obtains a court order to enjoin that disclosure pursuant to RCW 42.56.540. If another Party fails to timely obtain a court order enjoining disclosure, the receiving Party will release the requested information on the date specified. No Party shall be liable for any records that the Party releases in compliance with this section or in compliance with an order of a court of competent jurisdiction. 12. Limitations . Nothing in this Agreement shall be construed or applied in a manner that: (a) Is inconsistent with or intrudes upon other contractual agreements of the Parties including, but not limited to, the interlocal cooperation agreements between Snohomish County and various cities for urban county consortium qualification under the United States Department of Housing and Urban Department Community Development Block Grant Program and HOME Investment Partnership Program; or (b) Authorizes or permits the Joint Board to lobby or to attempt to gain preferential treatment in processes conducted by any of the Parties to award federal, state or local funds for affordable housing. 13. Notices . (a) To the Joint Board . Any notice to the Joint Board shall be in writing and shall be addressed to the Chair of the Board and to the Administrative Agency. (b) To a Party . Any notice to a Party shall be to the Representative and Alternate, if any, of that Party. (c) Methods of Notice . Any notice may be given by certified mail, overnight delivery, facsimile, telegram, or personal delivery. Notice is deemed given when delivered. Email may be used for notice that does not allege a breach or dispute under this Agreement. (d) Notice Addresses of Parties . The following contact information for each Party shall apply until amended in writing by a Party providing new contact information to each other Party, the Chair of the Board, and the Administrative Agency, if any: Packet Page 190 of 383 City of Edmonds Robert Chave, Development Services 121 5th Ave. N Edmonds, WA 98020 Phone (425) 771-0220 Facsimile (425) 771-0221 Planning@Edmondswa.gov City of Everett Dave Koenig, Planning 2930 Wetmore Ave., Suite 8A Everett, WA 98201 Phone (425) 257-8736 Facsimile (425) 257-8742 City of Granite Falls Sheikh Haroon Saleem, Mayor and Ray Sturtz, City Planner 206 S. Granite Ave, PO Box 1440 Granite Falls, WA 98252 Phone (360) 691-6441 Facsimile (360) 691-6734 City of Lake Stevens Rebecca Ableman, Planning and Community Development Director 1812 Main Street, PO Box 257 Lake Steven, WA 98258 Phone (425) 377-3229 Facsimile (425) 212-3327 bableman@lakestevenswa.gov City of Lynnwood Don Gough, Mayor and Paul Krauss, CD Director PO Box 5008 Lynnwood, WA 98046-5008 Phone (425) 670-5401 Facsimile (425) 771-6585 pkrauss@ci.lynnwood.wa.us Packet Page 191 of 383 City of Marysville Gloria Hiroshima [1049 State Avenue Marysville, WA 98270 Phone (360) 363-8000 Facsimile (360) 651-5033 ghirashima@marysvillewa.gov City of Mill Creek Tom Rogers, Director of Community Development 15728 Main Street Mill Creek, WA 98012 Phone (425) 745-1891 Facsimile (425) 745-9650 tom@cityofmillcreek.com City of Mountlake Terrace Shane Hope 6100 219th St. SW, Suite 200 Mountlake Terrace, WA 98043 Phone (425) 744-6281 Facsimile (425) 775-0420 shope@ci.mlt.wa.us City of Mukilteo Mayor and Planning Director 11930 Cyrus Way Mukilteo, WA 98275 Phone (425) 263-8017 Facsimile (425) 212-2068 mayor@ci.mukilteo.wa.us City of Snohomish Larry Bauman, City Manager City of Snohomish 116 Union Snohomish, WA 98290 Phone (360) 568-3115 Facsimile (360) 568-1375 bauman@ci.snohomish.wa.us Packet Page 192 of 383 Town of Woodway Mayor Carla Nichols 23920 113th Pl. W Woodway, WA 98020 Phone (206) 542-4443 Facsimile (206) 546-9453 Mayor@townofwoodway.com Housing Authority of Snohomish County Executive Director 12625 4th Avenue W. Suite 200 Everett, WA 98204 Phone (425) 290-8499 Facsimile (425) 290-5618 rdavis@hasco.org Snohomish County Mary Jane Brell Vujovic, Division Manager Housing and Community Services 3000 Rockefeller Ave., M/S 305 Everett, WA 98201 Phone (425) 388-7116 Facsimile (425) 259-1444 maryjane.brell@snoco.org 14. General Provisions . (a) Rights and Obligations Reserved; MOU Superseded . This Agreement reserves to each Party and shall not be construed to be in derogation of any rights, powers, privileges, authority, liability, obligations and duties set forth in or provided by any previous agreement executed by a Party relating in any way to affordable housing, except that the Memorandum of Understanding dated September 21, 2011, by and among the Housing Authority of Snohomish County, the cities of Edmonds, Everett, Granite Falls, Lake Stevens, Lynnwood, Marysville, Mill Creek, Mountlake Terrace, Mukilteo, Snohomish, Sultan and the town of Woodway (the “MOU”), shall be deemed terminated pursuant to section 2.6.B of the MOU and shall be of no force and effect upon the effective date of this Agreement. (b) Access to Records . To the extent permitted by law, all records, accounts and documents relating to matters covered by this Agreement shall be subject to inspection, copying, review or audit by the Washington State Auditor or any Party. Upon reasonable notice, during normal working hours, each Party shall provide auditors from the Washington State Auditor or the other Parties with access to its facilities for copying said records at their expense. Packet Page 193 of 383 (c) No Third Party Beneficiaries . This Agreement is for the benefit of the Parties only, and no third party shall have any rights hereunder. (d) Venue . The venue for any action related to this Agreement shall be in Superior Court in and for Snohomish County, Washington at Everett. (e) Severability . If any of the provisions of this Agreement are held to be invalid, illegal or unenforceable, the remaining provisions shall remain in full force and effect. If the invalidated provision is essential to the benefit of the Parties’ bargain, the Parties will in good faith negotiate a replacement provision to make the Parties whole to the greatest extent possible. 15. Execution . This Agreement may be executed in multiple counterparts and, if so signed, shall be deemed one integrated Agreement. The undersigned signatories represent that they are authorized to execute this Agreement on behalf of the respective Party for which they have signed below. SNOHOMISH COUNTY Approved as to form By: _________________________ By: ____________________________ Signature Date Signature Date Its: _________________________ Its: ____________________________ CITY OF EDMONDS Approved as to form By: _________________________ By: ____________________________ Signature Date Signature Date Its: _________________________ Its: ____________________________ CITY OF EVERETT Approved as to form By: _________________________ By: ____________________________ Signature Date Signature Date Its: _________________________ Its: ____________________________ CITY OF GRANITE FALLS Approved as to form By: _________________________ By: ____________________________ Signature Date Signature Date Its: _________________________ Its: ____________________________ Packet Page 194 of 383 CITY OF LAKE STEVENS Approved as to form By: _________________________ By: ____________________________ Signature Date Signature Date Its: _________________________ Its: ____________________________ CITY OF LYNNWOOD Approved as to form By: _________________________ By: ____________________________ Signature Date Signature Date Its: _________________________ Its: ____________________________ CITY OF MARYSVILLE Approved as to form By: _________________________ By: ____________________________ Signature Date Signature Date Its: _________________________ Its: ____________________________ CITY OF MILL CREEK Approved as to form By: _________________________ By: ____________________________ Signature Date Signature Date Its: _________________________ Its: ____________________________ CITY OF MOUNTLAKE TERRACE Approved as to form By: _________________________ By: ____________________________ Signature Date Signature Date Its: _________________________ Its: ____________________________ CITY OF MUKILTEO Approved as to form By: _________________________ By: ____________________________ Signature Date Signature Date Its: _________________________ Its: ____________________________ Packet Page 195 of 383 CITY OF SNOHOMISH Approved as to form By: _________________________ By: ____________________________ Signature Date Signature Date Its: _________________________ Its: ____________________________ TOWN OF WOODWAY Approved as to form By: _________________________ By: ____________________________ Signature Date Signature Date Its: _________________________ Its: ____________________________ HOUSING AUTHORITY OF Approved as to form: SNOHOMISH COUNTY By: _________________________ By: ____________________________ Signature Date Signature Date Its: _________________________ Its: ____________________________ Packet Page 196 of 383 A T T A C H M E N T A P a c k e t P a g e 1 9 7 o f 3 8 3 ATTACHMENT A Packet Page 198 of 383 A T T A C H M E N T A P a c k e t P a g e 1 9 9 o f 3 8 3 Packet Page 200 of 383 MOU Signees by Population Population** Population for Calculation Purpose 2013 Contribution Everett 103,019 103,019 $6,213 Marysville 60,020 60,020 $3,613 Lynnwood 35,836 35,836 $2,151 Edmonds 39,709 39,709 $2,385 Lake Stevens 28,069 28,069 $1,682 Mukilteo 20,254 20,254 $1,209 Mountlake Terrace 19,909 19,909 $1,188 Mill Creek 18,244 18,244 $1,088 Snohomish1 9,098 9,098 $1,000 Granite Falls1 3,364 $1,000 Woodway1 1,307 $1,000 HASCO Total city 338,829 343,480 $22,530 County 286,727 286,727 $17,320 Total 625,556 Budget 630,207 $39,850 1 FTE 60,000.00$ Gates Grant4 $50,000 $50,000 Benefits (@39%)23,400.00$ Proposed Budget $89,850 Contributions $89,850 Local Travel/mi.1,250.00$ Back Office Support In kind2 Supplies/Teleph 1,200.00$ 85,850.00$ Misc./Consult.4,000.00$ Notes:1.Minimum annual commitment $1,000 for any participant 89,850.00$ 2.HASCO funding staff intern for 12+ months 2012 began interim work in July **2011 Population Packet Page 201 of 383 1. Synthesize/analyze Data a. IDENTIFY DATA GAPS, And if there are, develop/implement a strategy to fill those gaps. b. DEVELOP A SURVEY TEMPLATE THAT CITIES CAN USE FOR GATHERING HOUSING DATA THEY’RE MOST INTERESTED IN. c. IDENTIFY WHERE EXISTING AFFORDABLE HOUSING UNITS ARE LOCATED AND WHETHER THEY ARE UNDER THREAT OF CONVERSION, WHAT THEIR CONDITION IS AND WHAT THE CONDITION OF THE SURROUNDING PUBLIC INFRASTRUCTURE IS. 2. Provide Technical Expertise CREATE A TEMPLATE JURISDICTIONS CAN USE IN DRAFTING THEIR HOUSING CONTINUUM AND CITY PROFILES. With the template each jurisdiction can create effective literature conveying their individual housing needs. The continuum would also be useful in developing Housing Elements for Comprehensive Plans. 3. Create Education/Outreach/Information-sharing Opportunities DEVELOP A STRATEGY AND TOOLS TO EDUCATE ELECTED OFFICIALS The task is to educate elected officials about affordable housing issues and the roles they can play in obtaining funding for housing programs. i. Identify elected officials who could serve as primary contact points for federal and state agencies which provide housing funding (this would assist in attract housing money to Snohomish County). ii. Design workshop for elected officials to better inform them of housing issues and funding opportunities/challenges/processes a. PACKAGE THE IJH COMMITTEE’S IDEA/MESSAGE. i. Use HASCO human resources staff (who has special training in leading facilitation) to work with elected officials on the committee to create a succinct message of what the Alliance for Housing Affordability is all about. The message would be a key tool to use in presentations to city councils when the IJH ILA is being considered. ii. Use the message to promote media exposure of the IJH committee’s existence and goals 4. Grants and Financial a. DEVELOP A STRATEGY FOR LEVERAGING CDBG AND OTHER FUNDS. b. DEVELOP A COMMON STRATEGY TO PURSUE FUNDING TO BE USED BY CITIES INDIVIDUALLY OR COLLECTIVELY. c. DESIGN A NEW REVENUE GENERATION TOOL THAT CAN BE ADOPTED BY LEGISLATIVE BODIES AND THEN USED BY INDIVIDUAL CITIES. Packet Page 202 of 383    AM-6750     2. C.              City Council Committee Meetings Meeting Date:04/08/2014 Time:5 Minutes   Submitted For:Bertrand Hauss Submitted By:Megan Luttrell Department:Engineering Committee: Parks, Planning, Public Works Type: Action Information Subject Title Authorization for Mayor to sign Supplemental Agreement with Perteet for the 228 th St. SW Corridor Improvement project Recommendation Forward the item to the consent agenda for approval at the April 15, 2014 City Council meeting. Previous Council Action On October 16, 2012, City Council authorized the Mayor to sign Supplemental Agreement #1 with Perteet for the 228 th St. SW Corridor Improvement project. On June 11, 2013, City Council authorized the Mayor to sign Supplement Agreement #2 with Perteet for the 228 th St. SW Corridor Improvement project. Narrative The project will construct the missing link of roadway on 228th St SW from State Route (SR) 99 to 76th Ave W and install two new traffic signals at the intersections of SR99 / 228th St. SW and 76th Ave W / 228th St. SW. The center median will be extended on a portion of SR99 to restrict left turns and improve safety. Sidewalk and bike lanes will be included along the new section of 228th St. SW. The section of 228th St. SW from 80th Ave W to 1,000 feet east of 72nd Ave W will be overlaid, as well as the section of 76th Ave W from 228 th St. SW to SR99. A raised median with decorative elements will also be installed along SR99. The proposed supplement covers the following professional services:  additional design support in the right-of-way acquisition phase with three remaining property owners involved in ROW negotiations; update contract technical specifications to be consistent with the latest WSDOT Standard Specifications 2014 Manual (requirement because the project will be advertised after April 1, 2014); complete additional utility locates to confirm that no utility conflicts exist with proposed utility elements to be added as part of this project; and supplemental survey to verify and supplement existing survey file. The total cost of Supplement #3 is $19,287 ($15,606 allocated to the design phase and $3,681 to the ROW phase).   The supplement is funded through Federal grant funding with no local match. The City also recently secured an additional $1.7M in construction federal grant funding (to be added to the $3.5M secured in 2012 for the construction phase). The City has received a total of $6,469,000 in federal grant funds to complete all phases of this project. The design phase, which began in August 2011, is scheduled for completion this Fall and the right of way acquisition phase is scheduled for completion at the same time. Construction is scheduled to begin in Spring 2015. Attachments Perteet Scope & Fee Packet Page 203 of 383 Form Review Inbox Reviewed By Date Engineering Robert English 04/03/2014 05:37 PM Public Works Phil Williams 04/03/2014 05:38 PM City Clerk Scott Passey 04/04/2014 07:52 AM Mayor Dave Earling 04/04/2014 09:47 AM Finalize for Agenda Scott Passey 04/04/2014 09:54 AM Form Started By: Megan Luttrell Started On: 04/03/2014 09:47 AM Final Approval Date: 04/04/2014  Packet Page 204 of 383 City of Edmonds Supplemental Agreement No. 3 228th Street SW Corridor Improvement Project March 2014 2707 Colby Avenue, Suite 900 Everett, Washington 98201 1-800-615-9900 / 425-252-7700 Packet Page 205 of 383 Task 8 – Right-of-Way Acquisition (Design Support) The intent of this supplemental task is to provide design technical support necessary to secure right-of- way agreements with adjacent property owners. Perteet will continue to prepare engineering exhibits and technical feedback associated with property owner negotiations. Work Elements: • General Right-of-Way Acquisition Design Support • Country Farms Improvements o Pave five parking stalls with pervious pavement o Pave 25’ x 60’ with impervious HMA pavement o Add a CB with possible sump pump. Power will come from Country Farms building. Assumptions: • Negotiations are nearing completion and are expected to be completed by March 31, 2014. • Detailed designs, analysis and estimates are excluded. • Stormwater analysis and/or county permits will not be prepared. Deliverables: • Right-of-Way Exhibits Task 24 – 2014 Specifications Update The intent of this task is to update contract technical specifications to be consistent with the WSDOT Standard Specifications for Road, Bridge and Municipal Construction 2014 book. Work Elements: • Updated division 1 contract specifications. • Update divisions 2 through 9 technical specifications. Assumptions: • City will prepare contract boiler plate documents and assemble the project manual. Deliverables: • 100% Specifications (four sets 8.5” x 11” sheets and an MS Word file) Task 25 – Utility Locates (CNI) The intent of this task is to assess the location and depth of critical utilities that the City and Consultant believe are near or may be in conflict with project utility upgrades and walls. The following utility locations will be located and ground penetrating radar will be utilized to assess the depth of the utility by CNI, and horizontal location surveyed by Perteet: 1. NW Corner 228th/Hwy 99 – Gas Line 2. Unopen Right-of-Way – Underground Power 3. Unopen Right-of-Way – Underground Power Packet Page 206 of 383 4. SE Corner 228th/Hwy 99 – Sanitary Line 5. 228th 6+30 – Gas and Water Line 6. 228th 8+40 – Gas Line 7. 228th 8+40 – Gas Line 8. NW Corner 228th/76th – Water Line/Telephone 9. 228th 13+30 – Gas Line 10. 228th 8+85 – Gas Line 11. NW Corner 228th/76th – Gas Line/Buried Power 12. 28th 13+25 – Telephone 13. 76th/Hwy 99 62+200 – Storm Line Assumptions: • CNI will perform utility locates and ground penetrating radar in compliance with Quality Level “B” of CI/ASCE 38-02, Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data. • Existing soil conditions can affect the accuracy of data gathered from ground penetrating radar. • Potholing will not be performed. • CNI is performing this work on a time and materials basis with an estimated fee of $3,390.00. • The following data will be added to the base map under Task 26. Task 26 – Supplemental Survey The intent of this task is to pick up additional data points to supplement the existing survey file. The Consultant will also back a few known survey points that were performed by other survey companies. Additional utilities will also be added to the base map. Work Elements: • Pick up CNI utility marked locations • Pick up SSMH along unopen right-of-way (3 structures) • Verify topo in unopen right-of-way • Verify topo in vicinity of wall locations along 228th • Pick up miscellaneous utility structures along 228th and Hwy 99 Assumptions: • City will open gate and provide access to the 228th unopen right-of-way. Deliverables: • Revised base map Packet Page 207 of 383 Project Client PM 228th Street SW Corridor Improve Proj- Supplement#3 City of Edmonds Darrell Smith Contract Start Date Contract End Date Contract Duration: 1/20/2014 7/19/2014 6 Months Last Update date Perteet Project No. 3/31/2014 20110010.003 Lead Technician/ Designer Professional Land Survey Office Technician Field Technician III Field Technician III Sr. Associate Lead Engineer / Mgr Engineer I Total Hours Labor Dollars Task Billing Rate $104.60 $109.72 $89.24 $91.02 $79.00 $175.84 $146.29 $79.00 Task 8. Right-of-Way Acquisition (Perteet)12.00 12.00 4.00 28.00 3,681.00 Total Task 8. Right-of-Way Acquisition (Perteet) 12.00 12.00 4.00 28.00 3,681.00 Task 24. Specification Update 4.00 20.00 24.00 3,629.00 Total Task 24. Specification Update 4.00 20.00 24.00 3,629.00 Task 25. Utility Locates 8.00 6.00 6.00 4.00 12.00 36.00 3,508.00 Total Task 25. Utility Locates 8.00 6.00 6.00 4.00 12.00 36.00 3,508.00 Task 26. Supplemental Survey 2.00 16.00 16.00 20.00 2.00 56.00 5,035.00 Total Task 26. Supplemental Survey 2.00 16.00 16.00 20.00 2.00 56.00 5,035.00 Total Hours 20.00 2.00 16.00 22.00 26.00 22.00 20.00 16.00 144.00 Total Dollars $2,092.00 $219.00 $1,428.00 $2,002.00 $2,054.00 $3,868.00 $2,926.00 $1,264.00 $15,854.00 Expenses: Mileage - $.56 43 Utility Location Service 3,390 Totals:3,433 Page 1 of 3v7.0.812 (DARRELLS) - Packet Page 208 of 383 SUMMARY Labor 15,854.00 Expenses 3,433.00 Subconsultants CONTRACT TOTAL 19,287.00 Page 2 of 3v7.0.812 (DARRELLS) - Packet Page 209 of 383 Page 3 of 3v7.0.812 (DARRELLS) - Packet Page 210 of 383    AM-6729     2. D.              City Council Committee Meetings Meeting Date:04/08/2014 Time:5 Minutes   Submitted By:Renee McRae Department:Parks and Recreation Committee: Parks, Planning, Public Works Type: Action Information Subject Title Authorizing Resolution for RCO grant for Civic Center Recommendation Forward the Resolution to the consent agenda for approval at the April 15, 2014 City Council meeting. Previous Council Action Narrative The Recreation and Conservation Office has an open grant cycle for the WWRP program for local parks.  One of the Parks, Recreation and Open Space Plan priorities is to acquire Civic Center.  This grant cycle provides an opportunity for the City to apply for grant funds for this purpose.  One of the grant requirements is that the Mayor sign an authorizing resolution to demonstrate the City's commitment to this project. Attachments CC Auth Resolution Form Review Inbox Reviewed By Date City Clerk Scott Passey 03/28/2014 07:51 AM Mayor Dave Earling 03/28/2014 10:55 AM Finalize for Agenda Scott Passey 03/28/2014 10:56 AM Form Started By: Renee McRae Started On: 03/27/2014 02:40 PM Final Approval Date: 03/28/2014  Packet Page 211 of 383 Local Agency Washington Wildlife and Recreation Program Authorizing Resolution Projects with Acquisition – Recreation Organization Name City of Edmonds Resolution No. Project Name(s) Civic Center Acquisition This is a resolution that authorizes submitting application(s) for grant funding assistance for Washington Wildlife and Recreation Program project(s) to the Recreation and Conservation Office as provided in Chapter 79A.15 RCW, Acquisition of habitat conservation and outdoor recreation lands, WAC 286 and subsequent Legislative action. WHEREAS, our organization has approved a comprehensive parks and recreation or habitat conservation plan that includes this project; and WHEREAS, under the provisions of the Washington Wildlife and Recreation Program (WWRP), state grant assistance is requested to aid in financing the cost of land acquisition; and WHEREAS, our organization considers it in the best public interest to complete the project described in the application(s); NOW, THEREFORE, BE IT RESOLVED that: 1. The Mayor of Edmonds is authorized to make formal application to the Recreation and Conservation Office for grant assistance; 2. Any grant assistance received will be used for direct costs associated with implementation of the project referenced above; 3. Our organization hereby certifies that our matching share of project funding will be derived from REET, bond sales, voter approved initiatives and/or private funds and that we are responsible for supporting all non-cash commitments to this project should they not materialize. 4. We acknowledge that the grant assistance, if approved, will be paid on a reimbursement basis, meaning we will only request payment from the Recreation and Conservation Office after eligible and allowable costs have been incurred and payment remitted to our vendors, and that the Recreation and Conservation Office will hold retainage until the project is deemed complete. 5. We acknowledge that any property acquired and/or facility developed through grant assistance from the Recreation and Conservation Funding Board must be reasonably maintained and made available to the general public at reasonable hours and times of the year according to the type of area or facility unless other restrictions have been agreed to by the Recreation and Conservation Office Director or the Recreation and Conservation Funding Board. 6. We acknowledge that any property acquired and/or facility developed with grant assistance from the Recreation and Conservation Funding Board must be dedicated for public outdoor recreation purposes, and be retained and maintained for such use for perpetuity unless otherwise provided and agreed to by our organization and the Recreation and Conservation Funding Board. 7. We acknowledge that any property acquired using Recreation and Conservation Funding Board assistance must be developed within five years of the acquisition closing. 8. This resolution becomes part of a formal application to the Recreation and Conservation Office for grant assistance; and 9. We provided appropriate opportunity for public comment on this application. This resolution was adopted by our organization during the meeting held: Location City Council Chamber, 250 5th Ave N, Edmonds WA 98020 Date April 15, 2014 Signed and approved by the following authorized representative: Signed Title Mayor Date Attest: Approved as to form 1/30/12 Packet Page 212 of 383    AM-6749     2. E.              City Council Committee Meetings Meeting Date:04/08/2014 Time:5 Minutes   Submitted For:Rob English Submitted By:Megan Luttrell Department:Engineering Committee: Parks, Planning, Public Works Type: Information Information Subject Title Quarterly Public Works Project Report Recommendation The report is being provided for information. Previous Council Action None. Narrative Attached is the quarterly report for capital improvement projects managed by the Public Works Department. The first quarter report for 2014 contains information on the estimated project budget, 2014 budget, change orders, funding sources and schedule. Attachments Quarterly Public Works Project Report Form Review Inbox Reviewed By Date Engineering Megan Luttrell 04/03/2014 03:48 PM Public Works Phil Williams 04/03/2014 03:58 PM City Clerk Scott Passey 04/03/2014 04:01 PM Mayor Dave Earling 04/03/2014 04:07 PM Finalize for Agenda Scott Passey 04/03/2014 05:09 PM Form Started By: Megan Luttrell Started On: 04/03/2014 09:30 AM Final Approval Date: 04/03/2014  Packet Page 213 of 383 Capital Improvement Program Status City or Total 2014 Change City Complete **Active Project Description Type Consultant Budget Budget Orders Grants Fund(s) #Advertise Const Phase Comments ESCO III Facilities Ameresco $758,683 $758,683 $60,000 $247,942 016 _Jun-14 Con ●ESCO Contract through WA DES process. ●Lighting upgradess have been accomplished for interior and exterior work. ●Equipment replacements for Yost Pool and Edmonds Senior Center coming in April and May. ●Additional control capacity has been added for the Council Chambers and downstairs PD HVAC systems. ●The City has received all $187,566 funding as committed by the Dept. of Commerce. This is in addition to the $43,000 already received from the Sno Co PUD. Fishing Pier Rehab Design/Permit Facilities Consultant $200,000 Budget Amendment Pending _$190,000 016 __Des ●Design and permitting funded through WDFW grant. ●Expectation is that additional grant funding will be sought for construction project. ●Staff is currently seeking an update of construction cost estimate that was generated for the project in 2006 to better gauge what will be required for this project today. ●Once cost update is completed, an RFQ will go out to seek qualified design firms. Frances Anderson ADA Upgrades Facilities Consultant $200,000 $170,000 $11,000 _016 May-13 12/13/2013 Physical Completion Date: 1/7/2014 Cl-Out ●Physical Completion attained Jan.7th. ●All as-builts, warranty and OEM materials, and prevailing wage certifications received. ●Council acceptance of the project achieved 3/18/2104. ●Have now received required releases from the ESD, L&I, and the DOR. ●With the final release from L&I dated March 25th, the 45-day period has begun and will expire May 9th, at which time the retainage of $5809.06 will be paid. Public Works Yard Water Quality Upgrade (Waste Facility Upgrade) Facilities Consultant $115,000 $154,000 _$170,000 422 Jun-14 Aug-14 Des ●100% Design to Ecology for Review end of March 2014 (75% grant funded). ●Construction scheduled for summer 2014 76th Avenue West/75th Place West Walkway & 162nd Park Project Parks Gray & Osborne $3,704,064 $12,000 $1,282,613 _125 Apr-09 Nov-10 Cl-Out ●Close out phase - working on release of retainage bond. ●Construction is complete. ●Change Order 1: $59,895; Change Order 2: $28,584; Change Order 3: $22,117; Change Order 4: $10,096; Change Order 5: $15,799; Change Order 6: $131,547; Change Order 7:$245,297;Change Order 8: $167,739; Change Order #9: $25,109; Change Order #10: $19,618; Change Order #11: $92,710; Change Order #12: $139,100; Change Order #13: $325,000. ●$77,000-2012 Budget Amend (1st Qtr) ●$103,000-2012 Budget Amend (May) ●$30,000-2012 Budget Amend (December) ●$12,000-2013 Budget Amend (Feb) City Park Spray Park Parks Site Workshop $1,585,000 $1,126,000 _$500,000 125, 132 Aug-14 Nov-14 Des ●Site Workshop hired by City to Complete design in March 2014 Dayton Street Plaza Parks Barker $160,605 $168,000 __132 TBD TBD Des ●Coordinating with Parks Dept to possibly go to construction in 2014 ●$168,000 - 2013 Budget Amend (Feb) 2012 - Alder/Dellwood/Beach Pl/224th Sewer Replacement Sewer City $2,105,941 $1,471,023 __423 5/2013 3/2014 10/2013 9/2014 Con ●Dellwood site to be completed at a later date so that more pressing sites can be addressed. Ad Date for Beach Place and Alder March 2014. ●Easement acquired at Ebb Tide Site acquired and approved by council on Feb 2013. ●Sewer construction of 224th substantially complete. Sept 2013. Final Payment and closeout in progress ●$10,094.94 Fund Transfer approved by council March 2014 to cover ●Construction of Beach Place and Alder sites expected to begin May/June 2014. ●$417,000 - 2014 Budget Amendment (Mar) 2015 Sanitrary Sewer Replacement Sewer Consultant TBD $2,121,800 $125,000 __423 Dec-14 Sep-15 Pre ●RFQs for consultant design services to be received by 4/14. Annual Sewer Replacement Project Phase 2 Sewer CHS $3,284,488 $2,349,589 __423 May-14 Dec-14 Des ●Design at 90%. ●Project to be built in 2014 ●$838,000 - 2014 Budget Amendment (Mar) Alder CIPP(Citywide CIPP Sewer Rehab) Sewer City $222,778 $2,000 $25,261 _423 Jul-13 Jan-14 Cl-out ●Construction Complete. ●Change Order 1 - $10,094.94 ●Change Order 2 - $15,166.24 ●Final Payment and Project Closeout in Progress. ●$75,000 - 2014 Budget Amendment (Mar) Citywide Sewer CIPP Sewer City $529,600 $529,600 __423 Dec-14 Sep-15 Pre ●Site selection to begin 5/14. With design to commence once sites are finalized. ●-$500,000 -2014 Budget Amendment (Mar) Lift Stations 3, 4, 5, 9, 10, 11, 12, 14 & 15 Sewer CHS $4,602,121 $245,000 $47,087 _423 Aug-12 Oct-13 Cl-Out ● Construction 100% Complete. ● Contractor currently working on completing punch list. ●Change Order No.1, $47,087.35. ●Substantial Completion 10/25/13 ScheduleProject Budget Packet Page 214 of 383 Capital Improvement Program Status City or Total 2014 Change City Complete **Active Project Description Type Consultant Budget Budget Orders Grants Fund(s) #Advertise Const Phase Comments ScheduleProject Budget 238th St Drainage to Hickman Park - Phase I Storm City $373,160 $89,290 __422 Jun-14 Nov-14 Des ●Project broken into two phases due to grant for sidewalks. ●Phase I to be constructed in 2014 (Alley infiltration system upgrade south of 107th PL W. and 102nd AVE W. infiltration system upgrade - behind church). ●Phase II stormwater improvements on 238th St SW with sidewalk in 2015 (connect to Hickman Park infiltration). ●$283,870 - 2014 Budget Amendment (March) City-Wide Drainage Improv.Storm CHS Leidos $172,772 $154,000 __422 May-14 Aug-14 Pre/Des/ Con ●Design of two projects underway by consultants: 4th Ave S. improvements (S. of Dayton) and Northstream inlet replacement ●$82,000 - 2014 Budget Amendment (March) 2014 Budget Amendment (March) ●4th Ave S improvements advertise 2nd Quarter 2014 Dayton St & SR 104 Drainage Improvement Study Storm Leidos $288,941 $98,000 __422 __Study ●Alternatives Analysis Report completed 2013. ●Scope of Work for next phase to be completed 3rd Quarter 2014.. Dayton St. Storm Improvements (6th to 8th) Storm TBD TBD $365,000 __422 __On-Hold ●City Staff diverted to more urgent flooding issues. Lake Ballinger Associated Projects Storm City $55,000 $55,000 __422 __Study ●McAleer Creek culvert replacement construction will commence again 7/14 and complete by 10/14. Project managed by City of Mountlake Terrace. ●Edmonds continues to work with the Lake Ballinger/McAleer Creek Watershed Forum on technical, lobbying, and administrative issues. ●City of Edmonds Web-based lake level indicator continues to provide residents with useful information. Northstream Pipe Abandonment Storm Consultant $55,000 $55,000 __422 __Study ●Evaluation of options to abandon old 24 and 30 inch storm line underway. ●Construction planned for 2015 Perrinville Creek Flow Reduction Retrofit Study Storm Tetra Tech $388,772 $172,772 _$188,722 422 __Study ●Project ongoing with Consultant ●Draft Report due 2nd Quarter 2014 ●$188,772 grant secured from Department of Ecology to supplement budget. ●$128,037- 2014 Budget Amendment (March) Perrinville High Flow Management Projects Storm Consultant $50,000 $100,000 _$50,000 422 __Des ●Grant received for Ecology for Low Impact Development Retrofits ($50,000) to cover the cost of a 90% of design. ●30% Design complete and approved by Ecology ●Geotechnical evaluation spring 2014 ●90% Design due by to Ecology by August 2014 Storm Drainage Improvements - 88th & 194th Storm Consultant $159,000 $165,000 _422 Jul-14 _Des ●Design underway to line an old 8 inch storm line ●Construction scheduled for Fall 2014 SW Edmonds #4-106/105 Storm City $85,000 $0 _$70,000 422 Mar-15 _Des ●Grant received for Ecology for Low Impact Development Retrofits ($70,000) to cover 82% of design costs. ●2014 Budget Amendment (March) Video Assessment of Stormwater Lines Storm TBD $0 $250,000 __422 __On-Hold ●Project on hold until staff is availble Willow Creek Daylight/Edmonds Marsh Final Feasibility Study Storm Shannon & Wilson $150,000 $500,000 _$200,000 422 __Study ●$200,00 grant secured from RCO-SRF Board ●Consulted selected (Shannon & Wilson). 15th St. SW Walkway Street KPG $374,000 $354,000 _$374,000 112 Aug-14 Dec-14 Des ● Design 0% complete. ● The project proposes the addition of sidewalk on 15th St. SW from SR-104 to 8th Ave. S, on one side of the street. ● The City secured a state grant for $374,000 (through Safe Routes to School grant). The design funds have been obligated. 2014 Pavement Restoration Program Street Snoh. County $1,200,000 $1,200,000 __112 Mar-14 Dec-14 Con ● City signed an agreement with Snohomish County to complete pavement preservation (short overlay stretches, long overlay stretches, and chip seal), as part of their 2014 Snohomish County Preservation Program. ● 100th Ave. W from SR-104 to 238th ST. SW, as well as Olympic View Dr. from 76th Ave. W to 85th Pl. W. will be the long overlay stretches. ● Smaller stretches will be overlaid (as part of Water Line project) and (3) stretches will be chip sealed. ● $260,000 out of the $1,200,000 budgeted for a local match for a Federal grant (programmed for 2015). Packet Page 215 of 383 Capital Improvement Program Status City or Total 2014 Change City Complete **Active Project Description Type Consultant Budget Budget Orders Grants Fund(s) #Advertise Const Phase Comments ScheduleProject Budget 228th St. SW Corridor Safety Improvements Street Perteet $6,843,000 $2,710,000 _$6,491,000 112 421 422 Dec-14 Jun-16 Des / ROW ● Design 90% complete. ● Right of Way acquisition (7 out of 10 property owners have signed the ROW documents). ● Grant funding is included in all project phases. ● A TIB grant was secured for additional construction funding (for total of $1.7M). 236th St. SW Walkway Street KPG $494,000 $474,000 _$494,000 112 Feb-15 Dec-15 Des ● Design 0% complete. ● The project proposes the addition of sidewalk on 236th St. SW from SR-104 to Madrona Elementary, on one side of the street. ● The City secured a state grant for $494,000 (through Safe Routes to School grant), The design funds have been obligated. 238th St. SW Walkway Street KPG $1,391,000 $1,364,600 _$591,000 112 Feb-15 Dec-15 Des ● Design 0% complete. ● The project proposes the addition of sidewalk on 238th St. SW from 100th Ave. W to 104th Ave. W, on one side of the street. ● The City secured a state grant to cfor $591,000 (through Safe Routes to School grant). The design funds have been obligated. ● This project will be combined with the storm drain improvements scheduled along this same stretch. 5th Avenue Overlay Project Street Otak, Inc.$1,002,532 $14,800 _$551,000 112, 422 & 421 Jul-13 Dec-14 Cl-Out ●Contract in Closeout 76th Ave. W @ 212th St. SW Intersection Improvements Street Dave Evans $3,302,793 $657,000 _$940,397 112 421 422 423 TBD TBD Des ● Design 65% complete. ● Grant funding is included in the design and ROW phases. ● A grant application will be submitted this April for Construction funding. ADA curb ramp upgrades along 3rd Ave. S Street City $129,000 $75,000 _$90,000 112 Jun-14 Sep-14 Des ● Design 0% complete. ● The project proposed the upgrade to curb ramps along 3rd Ave. S from Main St. to Pine St. ● A construction grant was secured for $90,000. Alternatives Study to Resolve Conflicts at Dayton St. / RR Crossings Street TBD $2,000,000 $1,000,000 _____On Hold ● On-hold until a funding source is secured. Citywide Pedestrian Countdown Display & Cabinet Upgrades Street Harris / DKS $273,000 $266,000 $14,616 $300,000 112 Oct-13 Apr-14 Con ● Construction 50% complete. ● Grant funding has been secured for 100% of the design and construction phase. Ch d #1 $14 616 Five Corners Roundabout (212th St. SW @ 84th Av. W) Street Dave Evans $3,809,386 $2,894,880 _$2,399,500 112 421 422 Mar-14 Dec-14 Con ● Design 100% complete. ● Right of Way acquisition complete since ROW settlement has been reached with the property on the NE corner of the intersection. ● Water & Storm Utility Funds are contributing to project funding. Main St. @ 9th Ave.(interim solution) Street City $10,000 $10,000 __112 __Pre ● On-Hold Main Street Pedestrian Lighting from 5th Ave to 6th Ave Street Parametrix $1,737,101 $0 $51,386 $1,225,000 112 421 422 Jul-12 Dec-12 Cl-Out ● Construction complete ● Construction close-out in progress. ● $312,000 - 2012 Budget Amendment (August) ● Change Order 1 - $15,099.14 ● Change Order 2 - $1,193.00 ● Change Order 3 - $1,020.18 ● Change Order 4 - $639.24 ● Change Order 5 - $16,335.51 ● Change Order 6 - $3,169.57 ● Change Order 7 - $1,968.00 ● Change Order 8 - $2,980.00 ● Change Order 9 - $10,321.98 ● Change Order 10 - ($2,000.00) ● Change Order 11 - $659.12 Residential Neighborhood Traffic Calming Street City $10,000 $10,000 __112 __On Hold ● In 2011, speed studies were conducted along (23) stretches (at locations where citizens have addressed speeding concerns). Each stretch was then ranked based on a set of crierias that were evaluated. SR-104 Transportation Corridor Study Street TBD $150,000 $150,000 __112 __Study ● The consultant selection process will begin in April '14. State Route (SR) 99 International District Enhancements (Phase 3) Street KPG $684,000 $592,000 _$684,000 112 Dec-14 Jun-16 Des ● Design 90% complete. ● The construction of this project will be combined with the 228th St. SW Corridor Improvement project since both are within proximity of each other, have a similar construction timeline, and same grant funding source. Sunset Walkway Improvements Street MacLeod Reckord $1,878,000 $221,000 _$249,000 112 TBD TBD Des ● (2) Federal grants have been secured for the design phase (one in 2012 and other in 2013). Packet Page 216 of 383 Capital Improvement Program Status City or Total 2014 Change City Complete **Active Project Description Type Consultant Budget Budget Orders Grants Fund(s) #Advertise Const Phase Comments ScheduleProject Budget Transportation Plan Update Street TBD $180,000 $90,000 __112 __Pre ● The 2015 Transportation Plan will begin in June '14 (consultant: TBD). 2013 Replacement Program - Waterline Water City $1,577,720 $3,000 $3,509 _421 Mar-13 Nov-13 Cl-out ●Construction at 100%. ●D&G Backhoe awarded $1,304,457.70 contract in April 2013. ●Substantial Completion Awarded Oct 31, 2013 for 2013 WL Replacement. ●Conflict with Sewer for 224th & 76th Project required replacement of watermain to allow for sewerline replacement. This project bid separately from watermains since that project is already in progress. 224th Replacement complete. ●224th Project awarded Aug 2013 to Earthwork Enterprises. Constr completed Oct 2013. ●1 change order for $3,509.10 issued. ●-$100,000 - 2013 Budget Amendment (Aug) 2015 Waterline Replacement Water Consultant TBD $2,792,692 $95,181 __421 Dec-14 Sep-15 Pre ●RFQs for consultant design services received 3/14. Review of Qualifications in progress. 76th Ave W Waterline Extension with Lynnwood Water Roth Hill $940,300 $3,000 $48,153 _421 Oct-12 TBD Con ●Change order for unsuitable soils processed Sept 2013 for $48,153. ●Emergency Declared in Nov 2013 to complete project because Lynnwood dismissed contractor due to various issues. ●Earthwork Enterprises hired to complete waterline work. Work completed by December 20, 2013. ●Lakeside Industries hired to place temporary pavement along road alignment. Work Completed by December 20, 2013. ●COE & Lynnwood discussing final paving for roadway currently scheduled for summer 2014. ●$175,000-2013 Budget Amendment (Feb). ●$100,000 - 2013 Budget Amendment (Aug) ●$140,300 - 2013 Budget Amendment (Nov) ●$26,294 - 2014 Budget Amendment (Mar) Control system upgrade WWTP Tetra Tech 1.7M $0 __423 Winter 2013 Dec-18 Des/Ad ●Reliability -replace aging control system equipment and provide for redundancy ●RFQ were requested and SOQ were reviewed. WE are in the process of requesting authorization to award a contract and purchase equipment at the 4.8.14 City Council mtg. Facility repair and improvement project WWTP Tetra Tech $350,000 $0 __423 Winter 2014 Dec-13 Ad ●Reliability - repair men's locker room, floor damage and reallocate space based on need. ●The bid is completed and we will request authorization to award the contract at the 4.8.14 Council Meeting. Incinerator regulatory compliance & improvement WWTP CH2M Hill & Coal Creek Environmental $1,040,000 $25,530 __423 _Jan-14 Des ●Regulatory - Design is complete and installation of the mercury removal modules will occur in 2014. ● The Title 5 Air Operating permit was accepted by PSCA. This brings us into compliance with new regulations. Switchgear replacement WWTP HDR $1,400,000 $99,399 __423 Apr-13 Sep-13 Cl-Out ●Reliability - This project is completed and in project close-out. Only outstanding is the final detail on 1 of the new doors. Variable frequency drive installation WWTP City $100,000 $31,733 __423 _Jul-14 Con ●Reliability - VFD's are on site. 1 is completely installed - The installation is being pushed out to 2014. Ad Advertising Pre Des ROW Ad Con Cl-Out Study Study Right-of-Way Acquisition Advertise for Contruction Bids **Active Phase Preliminary Design Design Construction Close-out Construcion Contract Packet Page 217 of 383    AM-6745     2. F.              City Council Committee Meetings Meeting Date:04/08/2014 Time:5 Minutes   Submitted For:Bertrand Hauss Submitted By:Megan Luttrell Department:Engineering Committee: Parks, Planning, Public Works Type: Action Information Subject Title Authorization for Mayor to sign Supplemental Agreement with David Evans and Associates for engineering support services for the Five Corners Roundabout Project Recommendation Forward the item to the consent agenda for approval at April 15, 2014 City Council meeting. Previous Council Action On July 17, 2012, City Council authorized the Mayor to sign Supplemental #3 with David Evans & Associates for the Five Corners Roundabout project. On October 9, 2012, City Council authorized the Mayor to sign Supplemental #4 with David Evans & Associates for the Five Corners Roundabout project. On June 18, 2013, City Council authorized the Mayor to sign Supplemental Agreement #7 with David Evans & Associates for additional utility, stormwater, and illumination work for the Five Corners Roundabout project. On November 19, 2013, City Council authorized the Mayor to sign Supplemental Agreement #8 with David Evans & Associates for additional illumination work for the Five Corners Roundabout project. On January 7, 2014, City Council authorized the Mayor to sign Supplemental Agreement #9 with David Evans & Associates for additional geotechnical services and waterline replacement work for the Five Corners Roundabout project. Narrative The design and right-of-way phases for the Five Corners Roundabout project were completed in March of this year and the construction phase is scheduled to begin in May. The proposed supplemental agreement provides the following engineering support services:  Revision to Traffic Control Signing plans to address the most recent WSDOT review comments; Attendance at Contractor pre-construction / coordination meetings; Attendance at construction site meetings: up to (4) meetings; Request for Information: address any contractor specific questions about the design documents that City Staff is unable to answer; Constructability issues / plan clarifications; Approval of shop drawings; Geotechnical support during the installation of the detention vault; and Preparation of As-Built Record Drawings   The total fee for the supplemental agreement is $50,227 and will be paid by project funds. Construction is scheduled to begin in May and be completed by December 2014. Attachments Packet Page 218 of 383 David Evans & Associates - Supplemental Agreement Form Review Inbox Reviewed By Date Engineering Robert English 04/03/2014 01:20 PM Public Works Phil Williams 04/03/2014 03:04 PM City Clerk Scott Passey 04/03/2014 03:05 PM Mayor Dave Earling 04/03/2014 03:13 PM Finalize for Agenda Scott Passey 04/03/2014 03:25 PM Form Started By: Megan Luttrell Started On: 04/02/2014 03:01 PM Final Approval Date: 04/03/2014  Packet Page 219 of 383 Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days for completion of the work to read: Section 1, SCOPE OF WORK, is hereby changed to read: DOT Form 140-063 EF Revised 9/2005 If you concur with this supplement and agree to the changes as stated above, please sign in the appropriate spaces below and return to this office for final action. By: Consultant Signature By: I Section V, PAYMENT, shall be amended as follows: Scott Soiseth, P.E. Supplemental Agreement Number Organization and Address Project Number Description of Work David Evans and Associates, Inc. 415 118th Avenue SE Bellevue, WA 98005 Attn: Scott Soiseth DEA Project No. COED0000-0003 Five Corners Roundabout - Provide engineering design services including preparing a topographic base map; environmental documents; project design documentation; PS&E construction bid documents; determination of right-of-way needs; preparation of a right-of-way plan, parcel exhibit(s), and legal descriptions(s); performing right-of-way acquisition services; project management services to improve the level of service of the existing intersection; and construction support services. All provisions in the basic agreement remain in effect except as expressly modified by this supplement. and executed on The Local Agency of desires to supplement the agreement entered into with See Exhibit A-1 for the Scope of Services. The project completion date has been changed to 12/31/14. The Supplement 11 total is $50,227 (see Exhibit E-1). The New Maximum Amount Payable is $518,200. 518,200.00 as set forth in the attached Exhibit A, and by this reference made a part of this supplement. Five Corners Roundabout Project Title New Maximum Amount Payable Original Agreement Number E1AA/c342 (425) 519-6590Phone: City of Edmonds David Evans and Associates, Inc. 8/5/2011 E1AA/c342and identified as Agreement No. $ The changes to the agreement are described as follows: II III Approving Authority Signature 11 Date 8/5/2011 12/31/2014 Execution Date Completion Date Packet Page 220 of 383 Exhibit A-1 Five Corners Roundabout Intersection Improvement Project SCOPE OF SERVICES Supplement No. 11 Prepared for: CITY OF EDMONDS 121 5th Avenue N Edmonds, WA 98020 Prepared by: DAVID EVANS AND ASSOCIATES, INC. 415 - 118th Avenue SE Bellevue, WA 98005-3518 (425) 519-6500 March 6, 2014 Packet Page 221 of 383 P:\c\COED00000003\0000CON\0030Contract\Supplements\Supplement 11 - Construction Support\Exhibit A-1_DEA Scope_Five Corners Roundabout_2014-0306.docx City of Edmonds 1 Supplement No. 11 Five Corners Roundabout Project March 6, 2014 City of Edmonds Five Corners Roundabout Intersection Improvement Project SCOPE OF SERVICES Supplement No. 11 Introduction Supplement No. 11 modifies the original agreement dated August 5, 2011, and Supplements 1 through 10, with the following revisions. Additional Task 8.0 and New Task 13.0 Scope of Service items are listed below. Section 8.0 PS&E Design 8.7 Construction Documents (100% Completion Level) Section 8.7 is supplement with the following: The CONSULTANT shall conduct the following: o Prepare Ad-Ready Traffic Control Signing Plans The traffic control signing plans will consist of adding Construction Class A signs and Business Access signs to the construction phasing plans. WSDOT Traffic Control “K” Plans will be utilized for traffic control and will be included in the Project Manual. Section 11.0 Construction Support Services Section 11.0 of the original agreement dated August 5, 2011, is deleted and replaced with the following: 11.1 Construction Support Services The CONSULTANT shall provide professional services to support the CITY during the construction of the PROJECT. It is assumed that construction will occur during a 6-month period beginning in April 2014. This work shall include the following design construction support services: 11.2 Construction Support Progress Reports and Project Invoices Monthly progress reports shall be prepared by the CONSULTANT in a format agreed to by the CITY’s project manager, and shall include a written report of the work performed by the CONSULTANT and subconsultants during the billing period. Monthly invoices will be prepared by the CONSULTANT for work activities for the prior month. These invoices shall also include subconsultant work. Invoices will include back-up material for expenses and will show approved budget and amount expended to date. Each month’s invoice will be prepared by administrative staff, reviewed by the Project Manager and task leaders, and submitted together with the progress report to the CITY. Packet Page 222 of 383 P:\c\COED00000003\0000CON\0030Contract\Supplements\Supplement 11 - Construction Support\Exhibit A-1_DEA Scope_Five Corners Roundabout_2014-0306.docx City of Edmonds 2 Supplement No. 11 Five Corners Roundabout Project March 6, 2014 11.3 Preconstruction Meeting and Coordination Meetings As requested by the CITY, the CONSULTANT will attend the pre-construction meeting and contractor coordination meetings during the construction period. For budgetary purposes, it is assumed the CONSULTANT will attend the pre-construction meeting and three contractor coordination meetings in person. A separate supplement will be prepared if additional meetings are required during construction. 11.4 Site Meetings The CONSULTANT shall attend site visits and record observations made. Four (4) site visits are assumed. A separate supplement will be prepared if additional site visits are required during construction. 11.5 Requests for Information (RFIs) The CONSULTANT shall provide responses in a timely manner. Generally, the CITY will need RFI responses within 3 business days of the request, however more or less time may be allocated for this task depending on the issue. 11.6 Constructability Issues/Plan Clarifications The CONSULTANT will be required to provide input and guidance on the constructability issues. This includes on-site visits, design revisions based on field conditions, or suggested plan changes by CITY staff. The CITY will provide a minimum of 48 hours notice for the CONSULTANT to perform the initial site visit to gather information to review. The CONSULTANT shall provide written review and input in a timely manner so that the CITY Contractor’s work flow is not unnecessarily disrupted. This may necessitate the CONSULTANT providing direction at the time of the field visit. Nothing herein shall require the CONSULTANT to provide services in a manner that would precipitate performance below the generally accepted standard of care for the CONSULTANT’s industry. 11.7 Approval of Shop Drawings/Submittals The CONSULTANT shall evaluate shop drawings, and proposals for substitutions of materials and procedures as submitted by the Contractor for general conformance with the project requirements and intent. The CONSULTANT shall provide review and approval of shop drawings and other submittals within 5 business days. 11.8 Geotechnical Support The CONSULTANT shall be available to observe the excavation for the detention vault. We estimate that 1 to 2 two-hour visits will be needed during excavation. The CONSULTANT will provide an engineering geologist or geotechnical engineer to observe the excavation and verify that the base of the excavation has adequate bearing capacity prior to construction of the base slab. We estimate an additional 3 to 4 site visits (with approximately one hour on site) may be required to observe and test backfill operations at the site. Upon completion of the inspections, the CONSULTANT shall provide a field report for each site visit. A separate supplement will be prepared if additional inspections or environmental consultation services are required during construction. Packet Page 223 of 383 P:\c\COED00000003\0000CON\0030Contract\Supplements\Supplement 11 - Construction Support\Exhibit A-1_DEA Scope_Five Corners Roundabout_2014-0306.docx City of Edmonds 3 Supplement No. 11 Five Corners Roundabout Project March 6, 2014 11.9 Prepare As-Built Record Drawings It is assumed the CITY will provide one complete, consolidated set of redlines for the CONSULTANT to use in the as-built drawing preparation. The CONSULTANT shall prepare a draft 11”x17” as-built record drawing for the CLIENT’s review prior to finalizing. As-built mylars will not be prepared. DELIVERABLES:  Invoices with Progress Report (6 total)  RFI Responses  Signed and Stamped Approval of Shop Drawings  As-Built Drawings - 11”x17” and 22”x34” paper, Electronic PDF and Electronic CAD files – 1 copy each of Draft and Final  Geotechnical Support (Field Reports) Packet Page 224 of 383 Supplement No. 11 Exhibit E-1: Consultant Fee Determination - Fixed Fee Five Corners Roundabout Intersection Improvement Project City of Edmonds David Evans and Associates, Inc. Direct Classification Rate Hours Cost 1 Project Manager (PMGR) 57.00$ 117 $6,669 2 Sr. Prof. Engineer 57.00$ 36 $2,052 3 Professional Engineer (PFEN)42.00$ 118 $4,970 4 Design Engineer (DEEN)31.00$ 24 $744 5 Sr. CADD Technician (SCAD)32.50$ 46 $1,495 6 Administrative Assistant (ADMA)26.75$ 11 $294 7 Project Administrator (PADM)31.00$ 6 $186 Total Hours 358 Salary Cost $16,411 Overhead Cost @ 184.46%of Direct Labor $30,271 Net Fee @ 28.00%of Direct Labor $4,595 Total Overhead & Net Fee Cost $34,866 Direct Expenses Unit Each No.Cost Mail/Deliveries/Fed Ex @ $20 2 $40 Mileage miles @ $0.56 /mile 500 $280 Subtotal $320 David Evans and Associates Total $51,596 Subconsultants:Costs GeoEngineers - Geotechnical Engineering $5,000 Berger Partnership $1,000 UFS -$7,369 Subconsultant Totals -$1,369 Total Costs $50,227 P:\c\COED00000003\0000CON\0030Contract\Supplements\Supplement 11 - Construction Support\Exhibit E-1_DEA Budget_Five Corners_2014-0306.xls Page 1 of 2 Printed: 3/6/2014Packet Page 225 of 383 Supplement No. 11 Exhibit E-1 Consultant Fee Determination - Summary Sheet Five Corners Roundabout Intersection Improvement Project City of Edmonds David Evans and Associates, Inc.1234567 Work Element #Work Element Pr o j e c t M a n a g e r ( P M G R ) Sr . P r o f . E n g i n e e r Pr o f e s s i o n a l E n g i n e e r ( P F E N ) De s i g n E n g i n e e r ( D E E N ) Sr . C A D D T e c h n i c i a n ( S C A D ) Ad m i n i s t r a t i v e A s s i s t a n t (A D M A ) Pr o j e c t A d m i n i s t r a t o r ( P A D M ) DEA DEA GeoEng Berger UFS Total direct rates:$57.00 $57.00 $42.00 $31.00 $32.50 $26.75 $31.00 Total Total Total Total Total Amount Total Total Total Total Total Total Total Total Total hrs hrs hrs hrs hrs hrs hrs hrs $ 8.0 PS&E Design 8.7 Construction Documents (100% Completion Level) 8.7.8 Traffic Control Class A signs 2 4 2 8 $1,084 $1,084 8.7.9 Coordinating and addressing Ad-Ready PS&E comments with City and WSDOT Local Programs (Transfer of funds from surplus UFS funds - Task 10) 30 10 8 48 $7,369 $7,369 Work Element 8.0 Total 32 14.34 2 8 56 $8,453 $8,453 10.0 Right-of-Way Acquisition Services -$7,369 -$7,369 Work Element 10.0 Total -$7,369 -$7,369 11.0 Construction Support Services 11.2 Progress Reports and Project Invoices (6 total)9 3 6 18 $2,435 $2,435 11.3 Preconstruction Meeting and Coordination Meetings (4 Total) 16 8 8 32 $5,324 $5,324 11.4 Site Meetings (4 site visits)16 8 8 32 $5,324 $5,324 11.5 Requests for Information (RFIs)8 8 20 16 52 $7,024 $7,024 11.6 Constructability Issues/Plan Clarifications 20 8 40 8 12 88 $12,230 $1,000 $12,230 11.7 Approval of Shop Drawings/Submittals 8 4 16 28 $4,237 $4,237 11.8 Geotechnical Support $5,000 $5,000 11.9 Prepare As-Built Record Drawings 8 12 32 52 $6,249 $6,249 Work Element 11.0 Total 85 36 104 24 44 3 6 302 $42,823 $5,000 $1,000 $47,823 Direct Expenses $320 $320 PROJECT WORK ELEMENTS TOTALS 117 36 118.3 24 46 11 6 358.34 $51,596 $5,000 $1,000 -$7,369 $50,227 P:\c\COED00000003\0000CON\0030Contract\Supplements\Supplement 11 - Construction Support\Exhibit E-1_DEA Budget_Five Corners_2014-0306.xls Page 2 of 2 Printed: 3/6/2014 Packet Page 226 of 383    AM-6754     2. G.              City Council Committee Meetings Meeting Date:04/08/2014 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 sign a Snohomish County Community Development Block Grant (CDBG) Contract for ADA Upgrades for the 3rd Ave Curb Ramp Replacement Project     Recommendation Forward the item to the consent agenda for approval at the April 15, 2014 Council meeting. Previous Council Action None. Narrative In 2013, the City secured a Community Development Block Grant (CDBG) from Snohomish County to construct ADA compliant sidewalk curb ramps on 3rd Ave from Main St. to Pine St.  The City initially received $50,000, which was a partial allocation of its grant request to construct the ramp upgrades.  In late 2013, the County increased the grant allocation to $90,000.    The proposed contract with Snohomish County provides the terms and conditions for the administration of grant funds.  The project is anticipated to begin in summer 2014.    Attachments Proposed CDGB Grant Agreement Form Review Inbox Reviewed By Date Engineering Robert English 04/03/2014 05:14 PM Public Works Phil Williams 04/03/2014 05:15 PM City Clerk Scott Passey 04/04/2014 07:52 AM Mayor Dave Earling 04/04/2014 09:49 AM Finalize for Agenda Scott Passey 04/04/2014 09:54 AM Form Started By: Megan Luttrell Started On: 04/03/2014 10:33 AM Final Approval Date: 04/04/2014  Packet Page 227 of 383 Packet Page 228 of 383 Packet Page 229 of 383 Packet Page 230 of 383 Packet Page 231 of 383 Packet Page 232 of 383 Packet Page 233 of 383 Packet Page 234 of 383 Packet Page 235 of 383 Packet Page 236 of 383 Packet Page 237 of 383 Packet Page 238 of 383 Packet Page 239 of 383 Packet Page 240 of 383 Packet Page 241 of 383 Packet Page 242 of 383 Packet Page 243 of 383 Packet Page 244 of 383 Packet Page 245 of 383 Packet Page 246 of 383 Packet Page 247 of 383 Packet Page 248 of 383 Packet Page 249 of 383 Packet Page 250 of 383 Packet Page 251 of 383 Packet Page 252 of 383 Packet Page 253 of 383 Packet Page 254 of 383 Packet Page 255 of 383 Packet Page 256 of 383 Packet Page 257 of 383 Packet Page 258 of 383 Packet Page 259 of 383 Packet Page 260 of 383 Packet Page 261 of 383 Packet Page 262 of 383 Packet Page 263 of 383 Packet Page 264 of 383 Packet Page 265 of 383 Packet Page 266 of 383 Packet Page 267 of 383 Packet Page 268 of 383 Packet Page 269 of 383    AM-6744     2. H.              City Council Committee Meetings Meeting Date:04/08/2014 Time:5 Minutes   Submitted For:Mike DeLilla Submitted By:Megan Luttrell Department:Engineering Committee: Parks, Planning, Public Works Type: Action Information Subject Title Authorization to award a construction contract for the Sanitary Sewer Replacement Project Recommendation Forward the item to the consent agenda for approval at a future Council meeting. Previous Council Action None. Narrative This project is part of the City’s program to replace and upgrade existing sewerlines at various locations around the City that are reaching the end of their useful service life, are undersized and unable to meet current requirements, or has some other existing system deficiency.  The project will replace at two locations in the City approximately 1,820 linear feet of sewerline and 960 linear feet of waterline piping with associated services, meters, and fire hydrants.   The project costs are being funded by the 423 and 421 Utility Funds and the General Fund available for fire protection costs.   On March 20 and March 27, 2014 the project was advertised for construction bids.  Construction bids are due by 2:00 p.m. April 3, 2014, which may provide an opportunity to award the project at the April 15th City Council Meeting.  The bid results, project budget and recommendation to award will be provided at the April 15th meeting.  Construction is expected to begin late May/early June and be completed by the end of 2014.   Attachments Project Location Map Form Review Inbox Reviewed By Date Engineering Robert English 04/03/2014 02:50 PM Public Works Phil Williams 04/03/2014 03:04 PM City Clerk Scott Passey 04/03/2014 03:05 PM Mayor Dave Earling 04/03/2014 03:12 PM Finalize for Agenda Scott Passey 04/03/2014 03:25 PM Form Started By: Megan Luttrell Started On: 04/02/2014 02:19 PM Final Approval Date: 04/03/2014  Packet Page 270 of 383 P a c k e t P a g e 2 7 1 o f 3 8 3    AM-6759     2. I.              City Council Committee Meetings Meeting Date:04/08/2014 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 Bids opened April 1, 2014 for the Five Corners Roundabout Project and award of contract. Recommendation Forward the item to the City Council for discussion and possible action. Previous Council Action None. Narrative The project was advertised for construction bids in early March and the bid opening occurred on April 1, 2014.  Staff is reviewing the bid information and will provide the results from the bid opening and project budget at the committee meeting.      Form Review Inbox Reviewed By Date Engineering Robert English 04/03/2014 05:31 PM Public Works Phil Williams 04/03/2014 05:38 PM City Clerk Scott Passey 04/04/2014 07:52 AM Mayor Dave Earling 04/04/2014 09:47 AM Finalize for Agenda Scott Passey 04/04/2014 09:54 AM Form Started By: Robert English Started On: 04/03/2014 03:48 PM Final Approval Date: 04/04/2014  Packet Page 272 of 383    AM-6743     2. J.              City Council Committee Meetings Meeting Date:04/08/2014 Time:5 Minutes   Submitted For:Mike DeLilla Submitted By:Megan Luttrell Department:Engineering Committee: Parks, Planning, Public Works Type: Action Information Subject Title Authorization for Mayor to sign a Professional Services Agreement with The Blueline Group for Capital Projects Construction Management, Engineering & Inspection Services Recommendation Forward the item to the consent agenda for approval at the April 15, 2014 Council meeting. Previous Council Action None. Narrative The City issued a Request for Qualifications (RFQ) in February, 2014 to hire a consultant to support City staff with construction management, engineering and inspection services for various City funded capital projects that are scheduled to begin construction in 2014 and 2015. The City received statements of qualifications from twelve engineering firms and the selection committee chose The Blueline Group to provide services during construction based on their qualifications, experience and approach.   The City has negotiated a consultant fee of $170,000.  This agreement will allow Blueline to provide services for the Capital Improvement Projects for which there is not enough staff this year to be able to inspect and administer these contracts.  These services will be needed on the Waterline and Sewerline utility replacement projects that are scheduled for construction this year and may be used to support staff on smaller stormwater utility projects that are scheduled for summer/fall 2014.  The services provided under this contract will be funded by the respective utility fund.   Attachments The Blueline Group Agreement Form Review Inbox Reviewed By Date Engineering Robert English 04/03/2014 11:33 AM Public Works Phil Williams 04/03/2014 03:04 PM City Clerk Scott Passey 04/03/2014 03:05 PM Mayor Dave Earling 04/03/2014 03:11 PM Finalize for Agenda Scott Passey 04/03/2014 03:25 PM Form Started By: Megan Luttrell Started On: 04/02/2014 02:09 PM Final Approval Date: 04/03/2014  Packet Page 273 of 383 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, made and entered into between the City of Edmonds, hereinafter referred to as the "City", and The Blueline Group, hereinafter referred to as the "Consultant"; WHEREAS, the City desires to engage the professional services and assistance of a consulting firm to provide consulting services with respect to Capital Projects Construction Management, Engineering & Inspection services; NOW, THEREFORE, in consideration of mutual benefits accruing, it is agreed by and between the parties hereto as follows: 1. Scope of work. The scope of work shall include all services and material necessary to accomplish the above mentioned objectives in accordance with the Scope of Services that is marked as Exhibit A, attached hereto and incorporated herein by this reference. 2. Payments. The Consultant shall be paid by the City for completed work for services rendered under this Agreement as provided hereinafter. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment and incidentals necessary to complete the work. A. Payment for work accomplished under the terms of this Agreement shall be on a time and expense basis as set forth on the fee schedule found in Exhibit A, provided, in no event shall the payment for work performed pursuant to this Agreement exceed the sum of $170,000. B. All vouchers shall be submitted by the Consultant to the City for payment pursuant to the terms of this Agreement. The City shall pay the appropriate amount for each voucher to the Consultant. The Consultant may submit vouchers to the City biweekly during the progress of the work for payment of completed phases of the project. Billings shall be reviewed in conjunction with the City's warrant process. No billing shall be considered for payment that has not been submitted to the City Engineer three days prior to the scheduled cut-off date. Such late vouchers will be checked by the City and payment will be made in the next regular payment cycle. C. The costs records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City for a period of three years after final payment. Copies shall be made available upon request. Packet Page 274 of 383 3. Ownership and use of documents. All research, tests, surveys, preliminary data and any and all other work product prepared or gathered by the Consultant in preparation for the services rendered by the Consultant under this Agreement shall be and are the property of the Consultant, provided, however, that: A. All final reports, presentations and testimony prepared by the Consultant shall become the property of the City upon their presentation to and acceptance by the City and shall at that date become the property of the City. B. The City shall have the right, upon reasonable request, to inspect, review and copy any work product during normal office hours. Documents prepared under this agreement and in the possession of the Consultant may be subject to public records request and release under Chapter 42.56 RCW. C. In the event that the Consultant shall default on this Agreement, or in the event that this contract shall be terminated prior to its completion as herein provided, the work product of the Consultant, along with a summary of work done to date of default or termination, shall become the property of the City and tender of the work product and summary shall be a prerequisite to final payment under this contract. The summary of work done shall be prepared at no additional cost. 4. Time of performance. The Consultant shall perform the work authorized by this Agreement promptly in accordance with the receipt of the required governmental approvals. 5. Indemnification / Hold harmless agreement. The Consultant shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses, demands, or suits at law or equity arising from the acts, errors or omissions of the Consultant in the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, and volunteers, the Consultant’s liability, including the duty and cost to defend, hereunder shall be only to the extent of the Consultant’s negligence. The Consultant shall comply with all applicable sections of the applicable Ethics laws, including RCW 42.23, which is the Code of Ethics for regulating contract interest by municipal officers. The Consultant specifically assumes potential liability for actions brought by the Consultant’s own employees against the City and, solely for the purpose of this indemnification and defense, the Consultant specifically waives any immunity under the state industrial insurance law, Title 51 RCW. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 6. General and professional liability insurance. The Consultant shall obtain and keep in force during the terms of the Agreement, or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to Title 48 RCW. Packet Page 275 of 383 Insurance Coverage A. Worker’s compensation and employer’s liability insurance as required by the State. B. Commercial general liability and property damage insurance in an aggregate amount not less than two million dollars ($2,000,000) for bodily injury, including death and property damage. The per occurrence amount shall not exceed one million dollars ($1,000,000). C. Vehicle liability insurance for any automobile used in an amount not less than a one million dollar ($1,000,000) combined single limit. D. Professional liability insurance in the amount of one million dollars ($1,000,000). Excepting the Worker’s Compensation Insurance and Professional Liability Insurance secured by the Consultant, the City will be named on all policies as an additional insured. The Consultant shall furnish the City with verification of insurance and endorsements required by the Agreement. The City reserves the right to require complete, certified copies of all required insurance policies at any time. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The Consultant shall submit a verification of insurance as outlined above within fourteen days of the execution of this Agreement to the City. No cancellation of the foregoing policies shall be effective without thirty days prior notice to the City. The Consultant’s professional liability to the City shall be limited to the amount payable under this Agreement or one million dollars ($1,000,000), whichever is the greater, unless modified elsewhere in this Agreement. In no case shall the Consultant’s professional liability to third parties be limited in any way. 7. Discrimination prohibited. Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, national origin, age, sex, sexual orientation, marital status, veteran status, liability for service in the armed forces of the United States, disability, or the presence of any sensory, mental or physical handicap, or any other protected class status, unless based upon a bona fide occupational qualification. 8. Consultant is an independent contractor. The parties intend that an independent contractor relationship will be created by this Agreement. No agent, employee or representative of the Consultant shall be deemed to be an agent, employee or representative of the City for any purpose. Consultant shall be solely responsible for all acts of its agents, employees, representatives and subcontractors during the performance of this contract. 9. City approval of work and relationships. Notwithstanding the Consultant's status as an independent contractor, results of the work performed pursuant to this contract must meet the approval of the City. During pendency of this agreement, the Consultant shall not perform work for any party with respect to any property located within the City of Edmonds or for any project subject to the administrative or quasijudicial review of the City without written notification to the City and the City’s prior written consent. Packet Page 276 of 383 10. Termination. This being an Agreement for professional services, either party may terminate this Agreement for any reason upon giving the other party written notice of such termination no fewer than ten days in advance of the effective date of said termination. 11. Integration. The Agreement between the parties shall consist of this document, the Scope of Work and fee schedule attached hereto as Exhibit A. These writings constitute the entire Agreement of the parties and shall not be amended except by a writing executed by both parties. In the event of any conflict between this written Agreement and any provision of Exhibit A, this Agreement shall control. 12. Changes/Additional Work. The City may engage Consultant to perform services in addition to those listed in this Agreement, and Consultant will be entitled to additional compensation for authorized additional services or materials. The City shall not be liable for additional compensation until and unless any and all additional work and compensation is approved in advance in writing and signed by both parties to this Agreement. If conditions are encountered which are not anticipated in the Scope of Work, the City understands that a revision to the Scope of Work and fees may be required. Provided, however, that nothing in this paragraph shall be interpreted to obligate the Consultant to render or the City to pay for services rendered in excess of the Scope of Work in Exhibit A unless or until an amendment to this Agreement is approved in writing by both parties. 13. Standard of Care. Consultant represents that Consultant has the necessary knowledge, skill and experience to perform services required by this Agreement. Consultant and any persons employed by Consultant shall use their best efforts to perform the work in a professional manner consistent with sound engineering practices, in accordance with the schedules herein and in accordance with the usual and customary professional care required for services of the type described in the Scope of Work. 14. Non-waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 15. Non-assignable. The services to be provided by the contractor shall not be assigned or subcontracted without the express written consent of the City. 16. Covenant against contingent fees. The Consultant warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award of making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 17. Compliance with laws. The Consultant in the performance of this Agreement shall comply with all applicable Federal, State or local laws and ordinances, including regulations for licensing, certification and operation of facilities, programs and accreditation, and Packet Page 277 of 383 licensing of individuals, and any other standards or criteria as described in the Agreement to assure quality of services. The Consultant specifically agrees to pay any applicable business and occupation (B & O) taxes which may be due on account of this Agreement. 18. Notices. Notices to the City of Edmonds shall be sent to the following address: City of Edmonds 121 Fifth Avenue North Edmonds, WA 98020 Notices to the Consultant shall be sent to the following address: The Blueline Group 25 Central Way, Suite 400 Kirkland, WA 98033 Receipt of any notice shall be deemed effective three days after deposit of written notice in the U.S. mails, with proper postage and properly addressed. DATED THIS _______ DAY OF __________________, 2014. CITY OF EDMONDS THE BLUELINE GROUP By By David O. Earling, Mayor Its ATTEST: ________________________________ Scott Passey, City Clerk APPROVED AS TO FORM: ________________________________ Office of the City Attorney Packet Page 278 of 383 STATE OF WASHINGTON ) )ss COUNTY OF ) On this day of , 20 , before me, the undersigned, 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 279 of 383 Exhibit ‘A’ to the Contract Agreement for Professional Services between The Blueline Group, LLC and the City of Edmonds for Construction Services for 2014 Projects, dated March 27, 2014. Task 001 – CONSTRUCTION INSPECTION SERVICES Fee: Time and Expense (Estimated $125,000) Blueline will provide as-needed inspection services at the City’s request during the 2014 construction season, and will coordinate construction management activities with the City. Services under this task are anticipated to include: 1. Review plans/specifications and visit the site. 2. Review materials delivered to the site to review compliance with City approved submittals. 3. Provide inspection for all aspects of the construction activity to review Contractor compliance with the contract plans and specifications. 4. Coordinate compaction and materials testing with the testing agency. 5. Coordinate pressure and purity testing with the City and Contractor for water main projects. 6. Coordinate final connections with the City and Contractor for water main projects. 7. Record and report the progress of the construction operations to the City throughout the duration of the contract. 8. Furnish the City with verification of all quantities of materials. 9. Provide final project inspection including punchlists. 10. Provide as-built redlines to supplement the Contractor’s redlines. 11. Monitor the Contractor’s traffic control operations to review compliance with City approved Traffic Control Plan. 12. Be responsive to requests from citizens and businesses. Deliverables (to be submitted weekly during construction):  Inspector’s Daily Reports.  Records of Force Account Work.  Weekly Tabulation of Quantities Placed (with all truck tickets attached).  Construction Progress Photos. It is anticipated that the City will:  Provide purity testing (with coordination provided by Inspector).  Review submittals and project schedules. Assumptions:  The Contractor will provide construction staking for the projects.  The City or Design Engineering Firm will prepare as-built drawings based off of the as-built redlines.  Mileage associated with onsite construction inspection has been included in this task. Packet Page 280 of 383 Exhibit ‘A’ to the Contract Agreement for Professional Services between The Blueline Group, LLC and the City of Edmonds for Construction Services for 2014 Projects, dated March 27, 2014. Task 002 – CONSTRUCTION ADMINISTRATION SERVICES Fee: Time and Expense (Estimated $15,000) Blueline will provide construction administration services for this project during the construction period. Services under this task are anticipated to include: 1. Review plans and specifications and visit the site prior to the Pre-Construction Conference. 2. Attend Pre-Construction Conference. 3. Send out minutes from Pre-Construction Conference. 4. Review and approve Contractor progress schedules. 5. Review and approve contract pay estimates, and prepare pay requests for the City approval. 6. Prepare change orders, as needed. 7. Prepare and submit weekly reports (Statement of Working Days and Project Progress Chart) 8. Log affidavits/intents/certified payroll. 9. Provide project filing. 10. Provide RFI log. 11. Coordinate changes to drawings or specifications as necessary to respond to field conditions (As needed – coordinating with the City Project Manager). 12. Monitor construction to determine contractor compliance and prepare associated documentation. 13. General consultation and coordination on an as-needed basis to address construction questions. 14. Assist with preparing punch lists and final inspection. 15. Prepare recommendation of project acceptance. 16. Attend and conduct construction meetings as required. Provide meeting minutes to attendees. We assume at this point that a construction meeting will be held approximately every two weeks. 17. Additional construction inspection services and project management, as needed. Assumptions:  The City or Design Engineering Firm will prepare as-built drawings based off of the as-built redlines.  The City will be reviewing submittals and maintaining the submittal log.  Mileage associated with construction administration has been included in this task.  If additional inspection time or project management is requested beyond the scope of Tasks 001 and 003, it will be billed under this task. Packet Page 281 of 383 Exhibit ‘A’ to the Contract Agreement for Professional Services between The Blueline Group, LLC and the City of Edmonds for Construction Services for 2014 Projects, dated March 27, 2014. Task 003 – PROJECT MANAGEMENT Fee: Time and Expense (Estimated $30,000) This task is for general coordination and meetings on the project, including: 1. Management of all tasks and staff for construction inspection services. 2. Communication with the City of Edmonds regarding the construction. 3. Budget tracking and providing weekly updates to the City. 4. Preparation of consultant monthly invoices for work performed during the previous month, including any pertinent backup materials. Assumptions:  If additional inspection time or construction administration time is requested beyond the scope of Tasks 001 and 002, it will be billed under this task. GENERAL ASSUMPTIONS AND NOTES 1. Scope and fees outlined above are based on the following information (any changes to these documents may result in changes to the fees): a. Correspondence with Mike DeLilla the week of March 24, 2014. 2. The client shall provide The Blueline Group with approved plans, contract documents, and any necessary inspection forms. 3. The fees stated above do not include reimbursable expenses such as large format copies (larger than letter/legal size), and plots. These items will be billed under a separate task called Expenses. 4. Compaction testing will be billed directly to the City by the testing agency. 5. Time and expense items are based on The Blueline Group’s current hourly rates. Packet Page 282 of 383 THE BLUELINE GROUP HOURLY RATE SCHEDULE Effective January 1, 2014 Principal Engineer $165/hr Project Manager $150/hr Senior Project Engineer $145/hr Project Engineer $135/hr Construction Administration $135/hr Project Planner $120/hr Engineer $120/hr Engineering Designer II $120/hr Engineering Designer I $110/hr Senior CAD Technician $105/hr Construction Inspector $100/hr Planning Coordinator $95/hr CAD Technician $95/hr Administrative Assistant $70/hr Notes:  Standard hourly rates include expenses for telephone, fax, photocopies (letter and legal size) and postage. Please refer to The Blueline Group’s standard contract regarding the firm’s policy regarding other project expenses.  All standard hourly rates are reviewed annually and adjusted accordingly. PLOTTING/SCANNING RATE SCHEDULE Effective January 1, 2014 11” x 17” Bond $0.50/sheet 12” x 18” Bond $2.10/sheet 18” x 24” Bond $2.35/sheet 22” x 34” Bond $2.65/sheet 24” x 36” Bond $2.90/sheet 30” x 42” Bond $3.40/sheet 36” x 48” Bond $3.95/sheet Notes:  Plotting and scanning rates are reviewed annually and adjusted accordingly.  Plotting and scanning rates include 9.5% Sales Tax. MILEAGE RATE SCHEDULE Effective January 1, 2014 Mileage $1.00/mile Packet Page 283 of 383    AM-6730     2. K.              City Council Committee Meetings Meeting Date:04/08/2014 Time:5 Minutes   Submitted By:Renee McRae Department:Parks and Recreation Committee: Parks, Planning, Public Works Type: Action Information Subject Title Annual Special Event Contracts Recommendation Forward the individual contracts to the consent agenda for approval at the April 15, 2014 City Council meeting. Previous Council Action None Narrative Each year the City Council reviews and authorizes the Mayor to sign the special event contracts.  At this time you are reviewing the Garden/Summer Market, Edmonds Arts Festival, 4th of July Parade and Fireworks Display, and the Taste of Edmonds contracts.  These contracts have no significant changes. Attachments 2014 Market contract 2104 EAF contract 2014 July 4 contract 2014 TOE contract Form Review Inbox Reviewed By Date City Clerk Scott Passey 04/03/2014 08:20 AM Mayor Dave Earling 04/03/2014 11:20 AM Finalize for Agenda Scott Passey 04/03/2014 11:33 AM Form Started By: Renee McRae Started On: 03/27/2014 04:48 PM Final Approval Date: 04/03/2014  Packet Page 284 of 383 CONTRACT CITY OF EDMONDS, WASHINGTON AND EDMONDS-SOUTH SNOHOMISH COUNTY HISTORICAL SOCIETY May 3-October 4, 2014 The following is an agreement (“Agreement”) between the CITY OF EDMONDS (hereinafter referred to as the “City”), and the EDMONDS-SOUTH SNOHOMISH COUNTY HISTORICAL SOCIETY (hereinafter referred to as the “Historical Society”) (collectively, the “Parties”). WHEREAS, the Edmonds South County Historical Society has operated in the past a spring and summer market, providing a marketplace for Edmonds residents to display their wares, which uniquely promotes artists and other small business persons and their products; WHEREAS, the City Council finds that in addition to providing an opportunity for economic development and a recreational resource to the citizens of Edmonds, the event promotes tourism to the community and could provide an initial springboard for the development of a small business; and WHEREAS, the City Council finds that the considerations the City provides are more than adequately recompensed by the promises of the Historical Society and the public benefit to be derived from this Agreement; NOW, THEREFORE, in consideration of the promises, covenants, conditions and performances set forth below, the Parties hereto agree as follows: 1. Responsibilities of the City. 1.1 Garden Market (May 3 through June 21): The City shall provide up to 40 parking spaces located on the south and west sides of the police parking lot for farmer/producer based vendors each Saturday. 1.2 Summer Market (June 28 through October 4): • The City shall provide use of the right of way, Bell Street between 5th and 6th Avenues and 5th Avenue between Bell and Main Streets, by the Historical Society for the “Summer Market” event, each Saturday (Exception: No Summer Market during Taste of Edmonds, Saturday August 9). • The City shall allow vendor parking on the south, east and west sides of the police parking lot each Saturday (Exception: No Summer Market during Taste of Edmonds, Saturday August 9). • All use and configuration of tents and other temporary facilities used in this event shall be inspected and reviewed prior to the event by Edmonds Fire Marshal or designated representative, in accordance with the provisions of the Open Air Market Ordinance. Tarps, tents, canopies and covers shall be tested and labeled for fire resistance. Also, all participants shall be required to adhere to all provisions of State and local law to insure that no lasting or Packet Page 285 of 383 permanent damage is done to any public facility or property. The Fire Marshal or the City, in accordance with its lawful authority under statute and ordinance, may use their discretion to cancel this event or to prohibit the attendance of the general public in certain areas when doing so would be a violation of state law or local ordinance. • The City shall install Summer Market banners as provided by Historical Society at approved sites. Historical Society shall obtain a Street Banner Permit and pay the required fee. • The City shall install appropriate “No Parking Saturdays” signage on both 5th Avenue South and Bell Streets in late June and provide portable street barriers. 2. Responsibilities of the Historical Society. 2.1 Garden Market (May 3 through June 21) and Summer Market (June 28 through October 4): • Set up hours begin at 6:00 a.m. on Saturdays on 5th Avenue and 7:00 a.m. on Saturdays on Bell Street. • During the Garden Market and Summer Market, the sections of the Police parking lot not used by the Market will be reserved for police parking only. Parking restrictions will be posted and vendor and customer parking shall not be allowed in this area. Violators may be towed at their own expense. • For Summer Market, parking restrictions shall be posted indicating violators will be towed. Police Department will attempt to notify owners. If not located by 6:30 a.m. police will proceed to have violating vehicles towed. • For Summer Market, street barricades are in place at 6:00 a.m. on Saturday and removed by 5:00 p.m. Exception: The street barricade at 5th Avenue and Main Street will not be placed until after Sound Disposal enters 5th Avenue to access the alley next to the Museum for Saturday morning pickup. Sound Disposal will enter 5th Avenue from Main Street and access the alley by 8:00 a.m. at the latest. • Historical Society shall obtain necessary Street Use Permits for Summer Market. 2.2 The Historical Society shall provide a Certificate of Insurance evidencing commercial general liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and $5,000,000 aggregate for personal injury, bodily injury and property damage. The City shall be named as an additional insured on the Commercial General Liability insurance policy and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The insurance policy shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer’s liability. The City shall be named as an insured on the Historical Society’s General Liability insurance policy. The insurance policy shall contain, or be endorsed to provide that the Historical Society’s insurance coverage shall be primary insurance. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be in excess of the Historical Society’s insurance and shall not contribute to it. The Historical Society shall provide a Packet Page 286 of 383 certificate of insurance evidencing the required insurance before using the property described herein. Insurance shall be placed with insurers with a current A.M. Best rating of not less than A: VII. 2.3 The Historical Society agrees that the Market is a public event. The Historical Society further agrees that areas constituting the City-Provided Site that are covered under this Agreement, including but not limited to public right of way, streets, sidewalks, parks, parking lots, gardens, meeting halls and squares, are traditional public forums. As a result, the Historical Society shall permit citizens attending events open to the general public at a City-Provided Site during the Market to exercise therein their protected constitutional right to free speech without interference. 2.4 The City has enacted Ordinance 3749 restricting the use of single-use plastic checkout bags. The restrictions do not apply to plastic bags used to carry out cooked food or provided solely for produce, bulk food or meat. The Historical Society will encourage its vendors to comply with the purposes of the ordinance by utilizing paper bags or encouraging the use of reusable totes whenever practicable. 2.5 The Historical Society shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits, including attorney fees, arising from or in connection with the Historical Society’s performance, or nonperformance, of this Agreement, except to the extent that claims, injuries, damages, losses or suits are caused by the sole negligence of the City, its officers, officials, employees or volunteers. This promise to indemnify and hold harmless shall include a waiver by the Historical Society of the immunity provided under Title 51 RCW, but only to the extent necessary to fully effectuate this promise. This provision shall survive the termination and/or expiration of this Agreement. 2.6 Neither the Historical Society nor any of its officers, agents, or employees shall discriminate in the provision of services under this Agreement against any individual, partnership, or corporation based upon race, religion, sex, creed, place of origin, or any other form of discrimination prohibited by federal, state or local law. 2.7 In addition, the Parties acknowledge that pursuant to the provisions of Initiative 901 as codified in Chapter 70.160 RCW (hereinafter the “smoking ban”), smoking is prohibited in indoor areas, within 25 feet of vents or entrances and in outdoor areas where public employees of the City, and employees of any vendor at the event or of the contracting organization are required to be. This general description of the provisions of the initiative is included for the purpose of reference and is not intended to expand or contract the obligations created by the smoking ban. The Historical Society warrants that it will comply with the smoking ban and will utilize the services and advice of the Snohomish County Health District in assuring compliance during the event described in this Agreement. 2.8 Historical Society agrees to the following Market days: Garden Market: Saturdays, May 3 through June 21, 2014 Summer Market: Saturdays, June 28 through October 4, 2014 (No Market August 9, due to Taste of Edmonds). Packet Page 287 of 383 Historical Society agrees to the following Market hours of operation: Garden Market open: 9:00 a.m.-2:00 p.m. Set up: 7:00 a.m.-9:00 a.m. Takedown: 2:00 p.m.-3:30 p.m. Summer Market open: 9:00 a.m.-3:00 p.m. Set up: 6:00 a.m.-9:00 a.m. (6:00 a.m. start on 5th Avenue; 7:00 a.m. start on Bell Street) Takedown: 3:00 p.m.-4:30 p.m. 2.9 The City shall have no responsibility or liability for the provision of security services nor shall it be liable for any loss or damage incurred by the Historical Society or the participants in this event. 2.10 Historical Society shall provide fire watch for all times in and around the booths and displays open to the general public as part of this event. 2.11 Historical Society shall provide sufficient portable sani-cans. Sani-cans will be discretely placed at a location(s) to be agreed upon by the City and the Historical Society. The City agrees to allow the use of one space in the parking lot south of City Hall to be used for the placement of two sani-cans for the length of the “Summer Market” (June 28 to October 4, 2014). 2.12 Individual vendors are responsible for packing out all of their own garbage. Historical Society may deposit up to twelve (12) thirty-three gallon bags of garbage generated in their area in the dumpster located in the Public Safety Center’s trash enclosure that abuts Fire Station 17. 2.13 Historical Society shall arrange for and pay for a recycling container(s) from Sound Disposal. Container(s) shall be stored and serviced in the Public Safety Center’s trash enclosure that abuts Fire Station 17. 2.14 Upon the completion of the event, Historical Society shall make adequate provisions for the cleanup and restoration of all sites rented or provided under terms of this Agreement. 2.15 Historical Society shall pay the City all permit fees, in accordance with provisions of open air market, Ordinance #3015, for the above-mentioned facilities use and services at least ten (10) days prior to the event. 2.16 Colored flags or banners may not be placed in the existing holes in the public sidewalk designated for the American flag program. 3. Miscellaneous. 3.1 Entire Agreement, integration and amendment. This Agreement contains the entire agreement and understanding between the Parties relating to the rights and obligations created hereby, and supersedes all prior and contemporaneous negotiations, understandings, and agreements, written or oral, between the Parties. Any prior discussions or understandings are deemed merged with the provisions herein. This Agreement shall not be amended, assigned or otherwise changed or transferred except in writing with the express written consent of the Parties hereto. Any action to Packet Page 288 of 383 interpret or enforce this Agreement shall be brought before the Superior Court of Snohomish County, Washington, and the Parties agree that, as between them, all matters shall be resolved in that venue. 3.2 Force majeure. The Parties shall not be liable for failure to perform or delay in performance due to fire, flood, strike or other labor difficulty, act of God, act of any governmental authority, riot, embargo, fuel or energy shortage, car shortage, wrecks or delays in transportation, or due to any other cause beyond the Parties’ reasonable control. In the event of delay in performance due to any such cause, the date of delivery or time for completion will be extended by a period of time reasonably necessary to overcome the effect of such delay. 3.3 Relationship between the Parties. Nothing in this Agreement shall be interpreted to or in fact create an agency or employment relationship between the Parties. No officer, official, agent, employee or representative of the Historical Society shall be deemed to be the same of the City for any purpose. The Historical Society alone shall be solely responsible for all acts of its officers, officials, agents, employees, representatives and subcontractors during the performance of this Agreement. DATED this ______ day of ________________ 2014. CITY OF EDMONDS: EDMONDS-SOUTH SNOHOMISH COUNTY HISTORICAL SOCIETY: David O. Earling, Mayor By: Its: Date: ATTEST/AUTHENTICATED: Scott Passey, City Clerk APPROVED AS TO FORM: Office of the City Attorney Packet Page 289 of 383 CONTRACT CITY OF EDMONDS, WASHINGTON AND EDMONDS ARTS FESTIVAL ASSOCIATION, INCORPORATED June 5-June 18, 2014 The following is an agreement (“Agreement”) between the CITY OF EDMONDS (hereinafter referred to as the "City"), and the EDMONDS ARTS FESTIVAL ASSOCIATION, INCORPORATED (hereinafter referred to as the "Festival Association") (collectively, the “Parties”). WHEREAS, the Festival Association has for many years sponsored a public event known as the Edmonds Arts Festival which provides educational and artistic benefits to the citizens of Edmonds; WHEREAS, the City Council finds that in addition to providing an educational opportunity, the Edmonds Arts Festival showcases Edmonds’ artists and helps promote tourism and thereby the economy of Edmonds; and WHEREAS, the City Council finds that the considerations to be provided to the Festival Association by the City are more than adequately recompensed by the compensation provided by the Festival Association and from the public benefits received by the citizens of the City; NOW, THEREFORE, in consideration of the promises, covenants, conditions and performances set forth below, the Parties hereto agree as follows: 1. Responsibilities of the City. (Certain Festival Association obligations included). 1.1 From 10:00 p.m., June 5 to 5:00 p.m., June 17, 2014, the City shall provide Rooms 206, 207, 208, 209 (parallel bars will not be taken down), 112, 113, 114, 115, and 123 of the Frances Anderson Center. The Frances Anderson Center gym shall be provided from 1:00 p.m., June 5 to 12:00 midnight, June 16, 2014. Gym shall be available for use by 8:00 a.m., Tuesday, June 17, 2014. Under no circumstances shall the Festival Association have access to the Sculptor's Workshop, Rooms 210 and 211. 1.2 The City shall provide the Edmonds Plaza Room from 8:30 a.m., Thursday, June 5 until 12:00 midnight, Monday, June 16, 2014 at which time the Festival Association agrees to have the carpet professionally cleaned so that it is dry and ready for set up at 8:30 a.m., Tuesday, June 17, 2014. 1.3 All of the rooms identified herein shall be under the exclusive control of the Festival Association during the period identified due to the high value of the arts and crafts works that shall be located therein. The City shall make its best efforts to limit foot traffic not related to the Festival Association activities to a minimum. Two sets of the required keys plus three additional room keys will be checked out to the Festival Association President, or designee, who shall be responsible for security of all Festival Association displays and supplies. The Packet Page 290 of 383 Festival Association may cover the vending machines from 12:00 noon, June 11 through June 15, 2014. 1.4 During the evening of June 11, 2014, the Festival Association shall have exclusive control of the hallways serving the rooms it is allowed to use for that evening starting at 5:00 p.m. During this time, the Festival Association shall hold the pARTy from 5:30 p.m. to 12:00 midnight. The Fire Marshall will do an inspection of the tented area prior to the start of the party for life safety issues. Alcoholic drinks may be served at the pARTy, so long as the Festival Association obtains all required state licenses and approvals to serve alcohol. The lighted display shall be reserved for the use of the Festival Association. The City shall provide ample trashcans for the evening of June 11, 2014. Clean up is the responsibility of the Festival Association. 1.5 The City shall provide the Frances Anderson ballfield, playfield, courtyard and amphitheater, and the Edmonds Plaza from Noon, June 11 through midnight, June 16, 2014. The playfield shall be provided for Artwork Booths. It is recognized that the City may choose to sprinkle the field prior to the Edmonds Arts Festival to reduce dust as watering the field is the only means the City has to control dust. The sprinkling system shall be turned off by 8:00 a.m., June 11, 2014. The Festival Association agrees to reduce the size of the infield cover to cover the infield only. In addition to the Playfield, the Festival Association shall be provided the paved area west of the outdoor stage for the food concession area. The Library Plaza to the west of the Anderson Center shall be used for special functions suitable to the area. The Festival Association shall utilize and shall be provided up to fifteen (15) picnic tables at the concession area and up to fifteen (15) garbage cans around the outside area, and shall provide the City with a schematic drawing of where the garbage cans and picnic tables are to be placed by June 2. The Festival Association shall provide two volunteers for eight hours each to assist with the moving and placement of picnic tables and garbage cans and shall provide a truck and volunteers to move and set up the information booths. The Festival Association shall be responsible for providing a dumpster for trash and grease traps for waste water disposal. The Festival Association shall provide the City with a list of supplies (trash can liners, paper towels, etc.) which the City shall order. The Festival Association will pay the invoices for all supplies in a timely fashion. The City shall check the stage to insure that it is in safe and usable condition. 1.6 Eighth Avenue shall be closed between Main Street and Dayton Street for an additional food concession area and eating tables from 8:00 a.m., June 11, through 12:00 noon, June 16, 2014. The City shall provide and install safety barriers at both ends of the closed street. The Festival Association shall obtain a street closure permit as a part of its obligations under paragraph 2.9. 1.7 Except as provided below, the Festival Association shall have exclusive use of the parking lot between the Anderson Center and the Edmonds Library for permit parking from June 11 through June 16, 2014, provided, however, that the Festival Association shall provide nine parking permits and marked stalls for Library staff/patrons, which include three handicapped parking stalls. The Dayton Street book drop and the Library receiving area must remain open at all times. The City shall provide official handicapped parking signs. One Packet Page 291 of 383 load/unload space each will be marked on Dayton and Main Street, and up to two spaces on 8th Avenue. 1.8 The Festival Association shall have exclusive use of the Civic Center dirt soccer/football field (excluding all turf areas) from 2 p.m., June 11 until 8 a.m., Monday, June 16, 2014. The field will be used exclusively for all-day parking of exhibitors and staff. Entrance adjacent to Boys & Girls Club prohibited except in an emergency. 1.9 The City shall install Edmonds Arts Festival street banners at all approved sites. One additional banner on the east wall of the Frances Anderson Center will be installed by the City. 1.10 The City shall provide fifteen (15) amps of electrical service to each duplex outlet: the Festival Association must supply any additional power. A Festival Association representative and a City representative from Public Works will meet prior to June 6, 2014, to draw up an interior and exterior electrical plan. The Festival Association is responsible for notifying PUD of hookups and scheduling inspection of temporary panels. The Festival Association must have temporary panels and power poles removed by 12:00 Noon, Wednesday, June 18, 2014. The Festival Association shall not draw power from the Frances Anderson Center. 2. Responsibilities of the Festival Association. 2.1 The Festival Association will operate the Edmonds Arts Festival consistent with its educational purposes and shall not illegally discriminate in the provision of the event or in its entrance requirements against any person or organization in violation of state or federal statute or local ordinance. 2.2 In addition, the Parties acknowledge that, pursuant to the provisions of Initiative 901 as codified in Chapter 70.160 RCW (herein after the "smoking ban"), smoking is prohibited in indoor areas, within 25 feet of vents or entrances and in outdoor areas where public employees of the City and employees of any vendor at the event or of the contracting organization are required to be. This general description of the provisions of the initiative is included for the purpose of reference and is not intended to expand or contract the obligations created by the smoking ban. The Festival Association warrants that it will comply with the smoking ban and will utilize the services and advice of the Snohomish County Health District in assuring compliance during the event described in this Agreement. 2.3 The Festival Association agrees that the Edmonds Arts Festival is a public event. The Festival Association further agrees that areas provided by the City that are covered under this Agreement, including but not limited to public right of way, streets, sidewalks, parks, parking lots, gardens, meeting halls and squares, are traditional public forums. As a result, the Festival Association shall permit citizens attending events open to the general public during the Edmonds Arts Festival to exercise therein their protected constitutional right to free speech without interference on City property. Packet Page 292 of 383 2.4 RCW 70.93.093 concerning event recycling became effective in Washington on July 22, 2007. The Festival Association will place clearly marked recycling containers throughout the event area for the collection of aluminum, glass or plastic bottles or cans, and arrange for recycling services. 2.5 The City has enacted Ordinance 3749 restricting the use of single-use plastic checkout bags. The restrictions do not apply to plastic bags used to carry out cooked food or provided solely for produce, bulk food or meat. The Festival Association will encourage its vendors to comply with the purposes of the ordinance by utilizing paper bags or encouraging the use of reusable totes whenever practicable. 2.6 The Festival Association shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits, including attorney fees, arising from or in connection with the Festival Association’s performance, or nonperformance, of this Agreement, except to the extent that claims, injuries, damages, losses or suits are caused by the sole negligence of the City, its officers, officials, employees or volunteers. This promise to indemnify and hold harmless shall include a waiver by the Festival Association of the immunity provided under Title 51 RCW, but only to the extent necessary to fully effectuate this promise. This provision shall survive the termination and/or expiration of this Agreement. 2.7 The Festival Association shall provide a Certificate of Insurance evidencing insurance written on an occurrence basis with limits no less than $3,000,000 combined single limit per occurrence and $3,000,000 aggregate for personal injury, bodily injury and property damage. The City shall be named as an additional insured on the Commercial General Liability insurance policy and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The insurance policy shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer’s liability. The City shall be named as an insured on the Festival Association’s General Liability insurance policy. The insurance policy shall contain, or be endorsed to contain that the Festival Association’s insurance coverage shall be primary insurance. Any insurance, or insurance pool coverage maintained by the City shall be in excess of the Festival Association’s insurance and shall not contribute to it. The Festival Association shall provide a certificate of insurance evidencing the required insurance before using the premises described herein. Insurance shall be placed with insurers with a current A.M. Best rating of not less than A:VII. 2.8 Displays and artworks shall not be hung from conduits or sprinkler pipes. Exits and exit signage shall not be obstructed except with specific approval of the Fire Marshal or his designee. Nothing shall be attached to any piece of art displayed by the City, or on any metal surface, within the Edmonds Art Festival premises made available by the City to the Festival Association and covered by this Agreement. The Festival Association shall be responsible for removing all paint, wires, and modifications made to the building for the Festival and restoring the premises to its original condition. No stakes shall be used on grassy areas of the Plaza. A Festival Association representative shall meet with a member of the City's Parks and Recreation Department prior to June 6, 2014 and on June 18, 2014 to inspect the facility to Packet Page 293 of 383 document the “original” and post event condition of the Anderson Center, the Plaza Rooms, and outside areas. 2.9 The Festival Association shall be responsible for picking up all trash and removing all items and equipment related to the Edmonds Arts Festival by 5:00 p.m., June 17, 2014. This includes the grounds as well as the buildings. The City shall provide the Festival Association with one mop, pail, and broom to use for cleanup, supplies for the toilet facilities, and keys to dispensers. The Festival Association will provide sufficient portable sani-cans and wash stations. The Festival Association will take over cleaning and stocking the restrooms from 5:00 pm, June 11 to 5:00 pm, June 16, 2014. 2.10 The Festival Association shall provide manpower to assist relocating City equipment and furniture to the storage rooms. Also, City clients shall have access to the weight room (200A) for drop-in use up until 2:00 p.m., Wednesday, June 11, 2014, and starting again at 8:30 a.m., Monday, June 16, 2014. The clients shall use the alternate Main Street entrance (no access through the gym). The City shall secure the hallway between the gymnasium and the weight room by 12:00 noon, Friday, June 6. The hallway must be opened by 2:00 p.m., June 11 and must remain open, clear and unobstructed for egress during the Edmonds Arts Festival. 2.11 The Festival Association shall be responsible for all required city and state permits. The Festival Association shall submit all required application(s) and fees(s) for the Street Banner Permits provided for by this Agreement. All permits will be arranged through a designated representative of the City. The Festival Association is responsible for obtaining any necessary permits for serving alcohol on the premises from the state. 2.12 The Festival Association shall post "NO DOGS" signs on the Edmonds Arts Festival grounds and the Civic Center Field as per City Ordinance. The Festival Association shall notify vendors of this ordinance as part of their registration instructions, and also inform vendors that this ordinance will be enforced. This provision shall not apply to service animals for the disabled. 2.13 The Festival Association shall be responsible for cleaning rugs, floors, stairs, and otherwise restoring the buildings to their original condition, including professional cleaning of the Plaza Room carpet, rooms 201, 209, 112, 114 and main floor hallway, elevator lobby and ramp. The Festival Association shall pay for special cleaning of all paved food concession areas, restore all areas to their original condition, and wash east-facing windows on the first and second floor of the Frances Anderson Center by 4:00 p.m., Wednesday, June 18. (Care must be taken particularly with the Daycare windows below ground level which have exhaust fans that are not able to be sealed). The Festival Association shall hot water power wash the Plaza and all pedestrian walkways around the amphitheater and Frances Anderson Center as well as the Library Plaza area and steps to the Library parking lot. The Festival Association will be responsible for installing drain guards on all affected storm drains prior to the beginning of the Edmonds Arts Festival, and for removing them after clean-up is complete. Drain guards will be provided by the City. Power washed materials (litter, etc.) must be collected and disposed of and not pushed to adjacent areas. Disposal of waste water shall be according to the City policy using grease traps provided, cleaned and picked up, by the Festival Association. Packet Page 294 of 383 2.14 The Festival Association shall provide a fire watch for all times the buildings and displays are open to the general public. The Fire Marshall or representative shall inspect the Frances Anderson Center with the Festival Association President, or designated representative, prior to June 6, 2014 and any potential problems will be noted and reported prior to Fire Marshall's briefing. At 9:00 a.m., June 11, 2014 Fire Marshal shall brief designated representatives of the Festival Association of the location and use of fire apparatus in the Anderson Center and Edmonds Plaza Room. The Festival Association President and appointed representatives will be the responsible Festival Association individuals for performing fire prevention and fire watch activities. 2.15 The Festival Association shall insure that: 2.15.1 Kilns, barbecues, forges and other sources of heat shall be insulated from turfed areas to prevent the heat from killing the grass and sterilizing the soil. All heat producing appliances in locations other than the food vending area shall be approved by the Fire Department and may require conditions for their acceptable use. Food vendor installations will be inspected prior to the Edmonds Arts Festival opening. Tarps, tents, canopies and covers shall be listed and labeled for flame resistance. 2.15.2 Vehicles shall only be allowed on turfed areas to load and unload, with adjacent streets and Civic Center Soccer Playfield (dirt field) used for parking during the Edmonds Arts Festival. Food Court concessions will use the Main Street entrance for loading and unloading. The Festival Association shall notify all individual residents of the affected areas of 8th Avenue and provide general notice to all the citizens of the closure of 8th Avenue. 2.15.3 The Festival Association will provide gate control and parking supervision to ensure orderly and efficient parking, and restrict parking to the sand/dirt surface within the track area. Use of the jogging track, tennis courts, softball field, and Boy’ & Girls’ Club activities should not be impacted. The Festival Association may be charged time and/or materials to return the area to its original condition. 2.16 The Festival Association shall submit a cleaning/damage deposit of $1,000.00 to the City prior to May 5, 2014. The deposit shall be refunded to the Festival Association if, upon inspection, all is in order, or a prorated portion thereof as may be necessary to reimburse the City for loss or cleaning and supply costs. 2.17 The Festival Association shall pay the City a fee of $6,600.00 ($5,960 for Anderson Center, under stage storage, Plaza Room and environs and $640 for Civic Field) for the use and services of the above mentioned facilities in this Contract, pay directly to the contractor for supplies provided through the City for the actual cost of supplies furnished by the City within thirty (30) days of mailing of a final bill by the City. All fees are due by May 5, 2014. 2.18 Notices. All requests for additional services and concerns of the Festival Association shall be directed by the Festival Association President to the City's designated representative, Renée McRae (425.771.0232). Packet Page 295 of 383 3. Miscellaneous. 3.1 Entire agreement, integration and amendment. This Agreement contains the entire agreement and understanding between the Parties relating to the rights and obligations created hereby, and supersedes all prior and contemporaneous negotiations, understandings, and agreements, written or oral, between the Parties. Any prior discussions or understandings are deemed merged with the provisions herein. This Agreement shall not be amended, assigned or otherwise changed or transferred except in writing with the express written consent of the Parties hereto. Any action to interpret or enforce this Agreement shall be brought before the Superior Court of Snohomish County, Washington, and the Parties agree that, as between them, all matters shall be resolved in that venue. 3.2 Force majeure. The Parties shall not be liable for failure to perform or delay in performance due to fire, flood, strike or other labor difficulty, act of God, act of any governmental authority, riot, embargo, fuel or energy shortage, car shortage, wrecks or delays in transportation, or due to any other cause beyond the Parties’ reasonable control. In the event of delay in performance due to any such cause, the date of delivery or time for completion will be extended by a period of time reasonably necessary to overcome the effect of such delay. 3.3 Relationship between the Parties. Nothing in this Agreement shall be interpreted to or in fact create an agency or employment relationship between the Parties. No officer, official, agent, employee or representative of the Festival Association shall be deemed to be the same of the City for any purpose. The Festival Association alone shall be solely responsible for all acts of its officers, officials, agents, employees, representatives and subcontractors during the performance of this Agreement. DATED this _______ day of __________________, 2014. CITY OF EDMONDS: EDMONDS ARTS FESTIVAL ASSOCIATION By: David O. Earling, Mayor Its: Date: ATTEST/AUTHENTICATED Scott Passey, City Clerk APPROVED AS TO FORM: Office of the City Attorney Packet Page 296 of 383 1 CONTRACT THE CITY OF EDMONDS, WASHINGTON AND GREATER EDMONDS CHAMBER OF COMMERCE Friday, July 4, 2014 The following is an agreement (“Agreement”) between the CITY OF EDMONDS (hereinafter referred to as “City”) and the GREATER EDMONDS CHAMBER OF COMMERCE (hereinafter referred to as “Chamber”) (collectively, the “Parties”). WHEREAS, the Chamber proposes to conduct a public celebration honoring Independence Day - 4th of July through a parade and fireworks display; and WHEREAS, the City Council finds that it is in the public interest to participate in the sponsorship of such events by providing the consideration set forth in this Agreement in order to enhance the safety of the public celebrations for its citizens and to offer a reasonable alternative to the use of private fireworks which the Council finds in many situations to be unsafe; NOW, THEREFORE, in consideration of the promises, covenants, conditions and performances set forth below, the Parties hereto agree as follows: 1. Responsibilities of the City City shall provide: 1.1 Use of City streets as diagrammed in Exhibit A - Parade Route, for parade to occur on July 4, 2014. City will provide traffic barriers and will set up and take down City’s sound system to be located at the Edmonds Theater. City shall put up banners at approved sites. 1.2 Use of Civic Center Playfield for setup to start at 9:00 a.m. and Fireworks to occur at approximately 10 p.m., July 4, 2014. 1.3 Use of 6th Avenue South between Bell Street and Sprague Street from 6:00 p.m. until 11:00 p.m. 1.4 Barricades at 6th Avenue South and Bell and 6th Avenue South and Sprague. 1.5 A power hookup at the west end of the grandstand and power for the band. 1.6 Access to and instruction on the operation of the stadium lights. A City representative will meet with a Chamber representative prior to Thursday, July 3, 2014 to provide such instruction, and will ensure that the stadium lights are operative. 1.7 Two signs at each entrance to the Park indicating no fireworks or alcohol allowed. 1.8 City is responsible for installing fencing that clearly delineates spectator areas from fireworks staging areas. Packet Page 297 of 383 2 2. Responsibilities of the Chamber 2.1 To assume all responsibility for coordination of the 4th of July Parade, including but not limited to hiring off-duty police officers to police the route and assuring that all participants are informed of and abide by the parade rules to insure that no participants draw people viewing the parade onto the parade route. 2.2 To obtain the necessary Street Banner Application (from Public Works 425-771- 0235) and Parade Permit (Police Department 425-771-0200). Fees for the preceding two permits will be waived for this event. A Street Use Permit is not needed. Chamber will ensure that pyrotechnic provider submits Application for Fireworks Display Permit accompanied by a $30.00 public display permit fee (Fire Marshal 425-771-0215). A copy of their State pyrotechnic license shall be provided with their application. The Chamber shall obtain ASCAP and any other copyright licenses necessary. 2.3 To provide for security and sani-cans along the parade route and fireworks display. 2.4 To pick up, deliver, and return to storage in City Park gazebo and Parks Maintenance area all needed 3’ X 10’ and 10’ X 10’ staging sections. 2.5. To hook up electrical power made available by the City at the west end of the grandstand. 2.6 To meet with a City representative prior to Thursday, July 3, to be given instructions on the operation of the stadium lights. 2.7 To provide 10 yards of sand for the pyrotechnic display and provisions for cleanup and removal after the event. 2.8 To assume all responsibility for fireworks display. A State-licensed pyrotechnics operator shall abide by local ordinances and make necessary permit applications for local approval. State guidelines and operational requirements shall be adhered to for safe operation of fireworks. 2.9 To authorize a maximum of three stationary self-contained vendors on closed sections of 5th or Main Streets off the parade route. No vendors will be authorized along the parade route, and no more than ten vendors will be authorized on 6th Avenue South between Bell Street and Sprague for the evening fireworks. Vendors shall operate at specified locations and shall not block park entrances or fire hydrants. Vendors must be self-contained; no power hookups are available for vendors. Vendors are responsible for having appropriate permits and for compliance with all local and state requirements. 2.10 To provide a Certificate of Insurance evidencing commercial general liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and $2,000,000 aggregate for personal injury, bodily injury and property damage. City shall be named as an additional insured on the Commercial General Liability insurance policy and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The insurance policy shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the Packet Page 298 of 383 3 limits of the insurer’s liability. The City shall be named as an insured on the Chamber’s General Liability insurance policy. The insurance policy shall contain, or be endorsed to contain that the Chamber’s insurance coverage shall be primary insurance. Any insurance, self insur ance, or insurance pool coverage maintained by the City shall be in excess of the Chamber’s insurance and shall not contribute to it. The Chamber shall provide a certificate of insurance evidencing the required insurance before using the property described herein. Insurance shall be placed with insurers with a current A.M. Best rating of not less than A:VII. 2.11 To remove all garbage to the size of a cigarette butt, including metal and litter debris, equipment, and any and all other items made necessary by or used in the provision of this event. 2.12 The Chamber agrees that the 4th of July celebration is a public event. The Chamber further agrees that areas constituting the City-Provided Site that are covered under this Agreement, including but not limited to public right of way, streets, sidewalks, parks, parking lots, gardens, meeting halls and squares, are traditional public forums. As a result, the Chamber shall permit citizens attending events open to the general public at City-Provided Site during the 4th of July celebration to exercise therein their protected constitutional right to free speech without interference. 2.13 The City has enacted Ordinance 3749 restricting the use of single-use plastic checkout bags. The restrictions do not apply to plastic bags used to carry out cooked food or provided solely for produce, bulk food or meat. The Chamber of Commerce will encourage its vendors to comply with the purposes of the ordinance by utilizing paper bags or encouraging the use of reusable totes whenever practicable. 2.14 RCW 70.93.093 concerning event recycling became effective in Washington on July 22, 2007. The Chamber will place clearly marked recycling containers throughout the event area for the collection of aluminum, glass or plastic bottles or cans, and arrange for recycling services. 2.15 The Chamber shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits, including attorney fees, arising from or in connection with the Chamber’s performance, or nonperformance, of this Agreement, except to the extent that claims, injuries, damages, losses or suits are caused by the sole negligence of the City, its officers, officials, employees or volunteers. This promise to indemnify and hold harmless shall include a waiver by the Chamber of the immunity provided under Title 51 RCW, but only to the extent necessary to fully effectuate this promise. This provision shall survive the termination and/or expiration of this Agreement. 2.16 The Parties acknowledge that pursuant to the provisions of Initiative 901 as codified in Chapter 70.160 RCW (herein after the "smoking ban"), smoking is prohibited in indoor areas, within 25 feet of vents or entrances and in outdoor areas where public employees of the City, and employees of any vendor at the event or of the contracting organization are required to be. This general description of the provisions of the initiative is included for the purpose of reference and is not intended to expand or contract the obligations created by the smoking ban. The Chamber warrants that it will comply with the smoking ban and will utilize the services and advice of the Snohomish County Health District in assuring compliance during the event described in this Agreement. Packet Page 299 of 383 4 2.17 The Chamber shall be responsible to restore all public spaces to their original condition, including removing and disposing of any and all litter and trash. 3. Miscellaneous. 3.1 Entire agreement, integration and amendment. This Agreement contains the entire agreement and understanding between the Parties relating to the rights and obligations created hereby, and supersedes all prior and contemporaneous negotiations, understandings, and agreements, written or oral, between the Parties. Any prior discussions or understandings are deemed merged with the provisions herein. This Agreement shall not be amended, assigned or otherwise changed or transferred except in writing with the express written consent of the Parties hereto. Any action to interpret or enforce this Agreement shall be brought before the Superior Court of Snohomish County, Washington, and the Parties agree that, as between them, all matters shall be resolved in that venue. 3.2 Force majeure. The Parties shall not be liable for failure to perform or delay in performance due to fire, flood, strike or other labor difficulty, act of God, act of any governmental authority, riot, embargo, fuel or energy shortage, car shortage, wrecks or delays in transportation, or due to any other cause beyond the Parties’ reasonable control. In the event of delay in performance due to any such cause, the date of delivery or time for completion will be extended by a period of time reasonably necessary to overcome the effect of such delay. 3.3 Relationship between the Parties. Nothing in this Agreement shall be interpreted to or in fact create an agency or employment relationship between the Parties. No officer, official, agent, employee or representative of the Chamber shall be deemed to be the same of the City for any purpose. The Chamber alone shall be solely responsible for all acts of its officers, officials, agents, employees, representatives and subcontractors during the performance of this Agreement. DATED this ______ day of ________________, 2014. CITY OF EDMONDS: GREATER EDMONDS CHAMBER OF COMMERCE: David O. Earling, Mayor Kyle Vixie, President and CEO ATTEST/AUTHENTICATED: Scott Passey, City Clerk APPROVED AS TO FORM: Office of the City Attorney Packet Page 300 of 383 5 Packet Page 301 of 383 6 4th of July Parade Participant’s Map Booths will be on the east and west side of 6th. They will not block entrances or fire hydrants. Civic Center Playfield Sp r a g u e B e l l 6th Avenue Greater Edmonds Chamber of Commerce 4th of July Fireworks and Evening Festivities Vendor Area on 6th Ave. N Packet Page 302 of 383 CONTRACT CITY OF EDMONDS, WASHINGTON AND GREATER EDMONDS CHAMBER OF COMMERCE August 6-12, 2014 The following is an agreement (“Agreement”) between CITY OF EDMONDS (hereinafter referred to as the “City”), and the GREATER EDMONDS CHAMBER OF COMMERCE (hereinafter referred to as the “Chamber”) (collectively, the “Parties”). WHEREAS, the Greater Edmonds Chamber of Commerce has for a number of years conducted a public event known as “A Taste of Edmonds” and proposes to do so again in 2014; WHEREAS; the City Council finds that A Taste of Edmonds provides distinct benefits to the City by showcasing Edmonds’ restaurants and other local businesses while providing a unique recreational opportunity for its citizens; and WHEREAS, the City Council finds that such an event enhances tourism and promotes economic development as well as providing an opportunity for good clean fun to its citizens; NOW, THEREFORE, in consideration of the promises, covenants, conditions and performances set forth below, the Parties hereto agree as follows: 1. Responsibilities and Rights of City 1.1 City shall provide use of surfaces on Civic Center Field (excluding the tennis courts), Bell Street including Centennial Plaza between 5th & 6th Avenues, and 6th Avenue from Bell Street north to Daley Street, and south approximately 80’ to first drive on west side for use by Chamber for the “Taste of Edmonds” event (the “Event”), so as to allow for the following: (a) The Event setup shall begin on Wednesday, August 6, 2014, at 8:00 a.m. Barricades to be in place at 8:00 a.m. (b) All surfaces listed shall remain available to the “Taste of Edmonds” until final cleanup by Tuesday, August 12, 2014, at noon. (c) City shall designate eight (8) additional handicapped parking spaces to be located in an area to be agreed upon by City and Chamber officials. 1.2 All use and configuration of structures, booths and other permanent or temporary facilities used in the Event may be inspected and reviewed by City Fire Chief, Police Chief, Building Official and Parks and Recreation Director or their designees to determine the facilities in use comply with the provisions of State and local law, as well as to insure that no lasting or permanent damage shall be done to any public facility or property. 1.3 Edmonds Fire Marshal shall inspect the facilities prior to the opening to the general public on or before 10:00 a.m., August 8, 2014, as the Parties shall agree and note all potential Packet Page 303 of 383 problems. Prior to the opening of the Event, Chamber shall correct all problems related to fire safety. In the event that such problems are not corrected, City may at its sole discretion cancel the Event or prohibit the attendance of the general public in certain areas, if in the opinion of the Fire Marshal and at the sole discretion of City, any violation or other condition that threatens life, health or property has not been corrected. 1.4 City shall provide barricades and barricade placement and removal for the Event. 1.5 City shall provide padlocks as required on location for tennis courts and other areas from which public access is restricted during the Event. City shall also provide removal of the padlocks. 1.6 City shall provide water access behind the opening between booths 187 and 188 for use by the food vendors. 1.7 City shall provide access to storage area of portable stage to beer garden at time of stage installation and at time of stage removal. 1.8 City shall provide basketball hoop removal and re-installation on basketball courts located near the Boys & Girls Club building. 1.9 City shall install Taste of Edmonds street banners as provided by Chamber at approved sites. Chamber shall obtain a Street Banner Permit and pay the required fee. 1.10 City has the right to check the noise level of any amplified sound equipment or other source and require that the volume be reduced if it exceeds the safety limits recommended by the Seattle King County Department of Health or levels set forth in the ordinances of the City of Edmonds. 1.11 City shall provide and oversee police supervision of the Event under the command of the Chief of Police or his designee. Police staffing levels and fees to be paid to the City will be mutually determined by the Chief of Police, or his designee, and the Director of Membership and Events. 2. Responsibilities and Rights of Chamber 2.1 The Chamber shall provide a Certificate of Insurance evidencing commercial general liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and $2,000,000 aggregate for personal injury, bodily injury and property damage. City shall be named as an additional insured on the Commercial General Liability insurance policy and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The insurance policy shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer’s liability. The City shall be named as an insured on the Chamber’s General Liability insurance policy. The insurance policy shall contain, or be endorsed to contain that the Chamber’s insurance shall be the primary insurance. Any insurance, self insurance, or insurance pool coverage maintained by the City shall be in excess of the Chamber’s insurance and shall not contribute to it. The Chamber shall provide a certificate of insurance evidencing the required Packet Page 304 of 383 insurance before using the property described herein. Insurance shall be placed with insurers with a current A.M. Best rating of not less than A:VII. 2.2 The Chamber agrees that the Taste of Edmonds is a public event. The Chamber further agrees that areas constituting the City-Provided Site that are covered under this Agreement, including but not limited to public right of way, streets, sidewalks, parks, parking lots, gardens, meeting halls and squares, are traditional public forums. As a result, the Chamber shall permit citizens attending events open to the general public at City-Provided Site during the Taste of Edmonds to exercise therein their protected constitutional right to free speech without interference in a designated free speech zone that does not violate fire and ADA codes. 2.3 The City has enacted Ordinance 3749 restricting the use of single-use plastic checkout bags. The restrictions do not apply to plastic bags used to carry out cooked food or provided solely for produce, bulk food or meat. The Chamber of Commerce will encourage its vendors to comply with the purposes of the ordinance by utilizing paper bags or encouraging the use of reusable totes whenever practicable. 2.4 RCW 70.93.093 concerning event recycling became effective in Washington on July 22, 2007. The Chamber will place clearly marked recycling containers throughout the Event area for the collection of aluminum, glass or plastic bottles or cans, and arrange for recycling services. 2.5 The Chamber shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits, including attorney fees, arising from or in connection with the Chamber’s performance, or nonperformance, of this Agreement, except to the extent that claims, injuries, damages, losses or suits are caused by the sole negligence of the City, its officers, officials, employees or volunteers. This promise to indemnify and hold harmless shall include a waiver by the Chamber of the immunity provided under Title 51 RCW, but only to the extent necessary to fully effectuate this promise. This provision shall survive the termination and/or expiration of this Agreement. 2.6 Chamber may in its discretion limit the participation of any vendor who produces duplication in order to adequately recognize limitations of space, failure to comply with applicable State or local health, liquor, or other requirements of law, and in order to provide an adequate and interesting diversity compatible with the recreation of the citizens of Edmonds. 2.7 Neither Chamber nor any of its officers, agents, or employees shall discriminate in the provision of service under this Agreement against any individual, partnership, or corporation based upon race, religion, sex, creed, place of origin, or any other form of discrimination prohibited by federal, state or local law. 2.8 The Parties acknowledge that pursuant to the provisions of Initiative 901 as codified in Chapter 70.160 RCW (herein after the "smoking ban"), smoking is prohibited in indoor areas, within 25 feet of vents or entrances and in outdoor areas where public employees of the City, and employees of any vendor at the Event or of the contracting organization are required to be. This general description of the provisions of the initiative is included for the purpose of reference and is not intended to expand or contract the obligations created by the smoking ban. The Chamber warrants that it will comply with the smoking ban and will utilize the services and advice of the Snohomish County Health District in assuring compliance during the Event described in this Agreement. Packet Page 305 of 383 2.9 Chamber shall obtain any necessary Street Use and Parks Facility Use Permits and pay the required fees. (See site plan attached as Exhibit “A”). 2.10 Chamber shall post "NO DOGS" signs on the Taste grounds and the Civic Center Field as per City Ordinance. The Chamber shall notify vendors of this ordinance as part of their registration instructions, and also inform vendors that this ordinance will be enforced. This provision shall not apply to service animals for the disabled. 2.11 Chamber shall restrict field parking to approved areas. Chamber shall have security at permit parking entrance area to limit public access. City has the right to close the parking area for the Event if parking is not limited to the agreed upon area. 2.12 Chamber shall ensure that all booths/beer garden/wine garden have the necessary state permits for serving and selling alcohol. Chamber agrees to make its best effort to prevent service of alcohol to minors, including segregation of the beer garden and wine garden, posting security at the entrances of the beer garden and wine garden and checking identification in accordance with common practice. Chamber shall obtain any copyright licenses necessary for presenting licensed live and recorded music. 2.13 Chamber agrees to the following general open hours of the Taste of Edmonds: Friday, August 8, 2014: 11:00 a.m.-10:00 p.m. Saturday, August 9, 2014: 11:00 a.m.-10:00 p.m. Sunday, August 10, 2014: 11:00 a.m.-7:00 p.m. Chamber agrees to keep the hours of operation in the Beer Garden and Wine Garden within the following schedule: Friday, August 8, 2014: 11 a.m.-10:00 p.m. (Last call 9:30 p.m., no service after 9:45 p.m.) Saturday, August 9, 2014: 11:00 a.m.-10 p.m. (Last call 9:30 p.m., no service after 9:45 p.m.) Sunday, August 10, 2014: 11:00 a.m.-7:00 p.m. (Last call 6:30 p.m., no service after 6:45 p.m.) 2.14 Chamber shall provide any and all security services necessary during the night time hours (night time hours being defined as those hours which the Event is not in operation), sufficient to reasonably secure the area and facilities provided. City shall have no responsibility or liability for the provision of security services nor shall it be liable for any loss or damage incurred by Chamber or the participants in the Event. 2.15 Chamber shall provide a fire watch for all times in and around the booths and displays open to the general public as a part of the Event. 2.16 Chamber shall provide a sufficient number of portable sani-cans and wash stations (approximately 35 sani-cans, 2 of which must be handicapped accessible, and a minimum of 5 wash stations). Packet Page 306 of 383 2.17 Chamber shall provide fence installation and removal at the Beer Garden and Wine Gardens. 2.18 Chamber is responsible for contracting with appropriate vendors for power. No power is available from the Civic Center complex. 2.19 Chamber shall provide labor and equipment for the portable Beer Garden pouring station (PS) to: (1) pickup the PS elements at the City’s storage location, (2) set up the PS, (3) take down the PS, (4) cleanup the PS elements, and (5) return the PS elements to the City’s storage location. 2.20 Garbage service shall be contracted and paid for by Chamber. 2.21 Upon the completion of the Event, Chamber shall make adequate provisions for the cleanup and restoration of all sites rented or provided under the terms of this Agreement, including steam cleaning and pressure washing whenever required for all hard surfaces impacted by the Event. Storm drains are to be covered with filter fabric to capture grease and debris. 2.22 Cleanup areas include area as described in paragraph 1.1 and all streets immediately surrounding the Event perimeter. 2.23 All garbage to the size of a cigarette butt, debris, litter, equipment, and any other and all other items made necessary by or used in the provision of the Event shall be picked up and removed by 12:00 noon, Tuesday, August 12, 2014. 2.24 A final inspection of the Event area shall be conducted by City Parks Maintenance Division to determine if all areas are clean and returned to their original condition. 2.25 Chamber shall submit a cleaning/damage deposit of $1,500.00 to City prior to Monday, July 7, 2014. The deposit shall be refunded to Chamber if, upon inspection, all is in order, or a prorated portion thereof as may be necessary to reimburse City for loss or cleaning costs. 2.26 Chamber shall pay City all permit fees for the above-mentioned facility use ($1,060.00 facility rental) prior to Monday, July 7, 2014, and shall reimburse City for the actual costs of supplies or services furnished by City, unless otherwise established, within thirty (30) days of mailing of a final bill by the City. 2.27 Colored banners or flags may not be placed in the existing holes in the public sidewalk designated for the American flag program. 3. Miscellaneous. 3.1 Entire agreement, integration and amendment. This Agreement contains the entire agreement and understanding between the Parties relating to the rights and obligations created hereby, and supersedes all prior and contemporaneous negotiations, understandings, and agreements, written or oral, between the Parties. Any prior discussions or understandings are deemed merged with the provisions herein. This Agreement shall not be amended, assigned or otherwise changed or transferred except in writing with the express written consent of the Parties hereto. Any action to Packet Page 307 of 383 interpret or enforce this Agreement shall be brought before the Superior Court of Snohomish County, Washington, and the Parties agree that, as between them, all matters shall be resolved in that venue. 3.2 Force majeure. The Parties shall not be liable for failure to perform or delay in performance due to fire, flood, strike or other labor difficulty, act of God, act of any governmental authority, riot, embargo, fuel or energy shortage, car shortage, wrecks or delays in transportation, or due to any other cause beyond the Parties’ reasonable control. In the event of delay in performance due to any such cause, the date of delivery or time for completion will be extended by a period of time reasonably necessary to overcome the effect of such delay. 3.3 Relationship between the Parties. Nothing in this Agreement shall be interpreted to or in fact create an agency or employment relationship between the Parties. No officer, official, agent, employee or representative of Chamber shall be deemed to be the same of the City for any purpose. The Chamber alone shall be solely responsible for all acts of its officers, officials, agents, employees, representatives and subcontractors during the performance of this Agreement. DATED this ______ day of ________________, 2014. CITY OF EDMONDS: GREATER EDMONDS CHAMBER OF COMMERCE: David O. Earling, Mayor Kyle Vixie, President and CEO ATTEST/AUTHENTICATED: Scott Passey, City Clerk APPROVED AS TO FORM: Office of the City Attorney Packet Page 308 of 383 Exhibit A 2014 LAYOUT Packet Page 309 of 383    AM-6755     2. L.              City Council Committee Meetings Meeting Date:04/08/2014 Time:5 Minutes   Submitted By:Frances Chapin Department:Parks and Recreation Committee: Parks, Planning, Public Works Type: Action Information Subject Title Update on Cultural Heritage Tour grant project. Recommendation Approve placing request for Mayor to sign letters of agreement with property owners regarding installations on future Consent Agenda. Previous Council Action Narrative The City of Edmonds Arts Commission applied for and received partial funding from Preserve America (National Park Service, US Department of the Interior) in late 2010 to create a downtown walking tour with artist made interpretive markers and an associated website with additional historic information. The goal of the project is to promote and market cultural heritage tourism in downtown Edmonds, creating an opportunity for visitors of all ages to engage in cultural history while exploring the downtown on foot.  The $24,000 grant is matched by funds from City Lodging Tax, Parks, Recreation & Cultural Services Department, Economic Development Department, and private donations from the Hubbard Family Foundation and the Edmonds Arts Festival Foundation. An artist was selected by a committee including a City Council member, an Arts Commissioner and representatives from the Historical Museum and Historic Preservation Commission.  The artist has completed design and fabrication of twelve unique plaques, each in a proscenium format referencing the rich performance arts in our community, called "Stages of History".  Each plaque commemorates a site with information drawn from the history of Edmonds. Eight of the twelve sites require letters of agreement with private property owners. Six of the installations will be on private property, and two require access to private property in order to install the marker at the edge of the public right of way.  The letter of agreement prepared by Lighthouse gives the City the right to install and maintain the markers and establishes the process through which the private property owner can request removal of the plaques in the future. Property owners have been contacted and when the eight letters are all signed they will be submitted on the Consent Agenda for the Mayor to sign so the City can proceed with installation in May/June. Attachments Letter of Agreement Form Review Inbox Reviewed By Date City Clerk Scott Passey 04/03/2014 12:45 PM Mayor Dave Earling 04/03/2014 12:54 PM Finalize for Agenda Scott Passey 04/03/2014 02:04 PM Form Started By: Frances Chapin Started On: 04/03/2014 10:34 AM Final Approval Date: 04/03/2014  Packet Page 310 of 383 Return Address: Arts & Culture Manager City of Edmonds 700 Main St. Edmonds, WA 98020 AGREEMENT FOR LOCATION OF INTERPRETIVE MARKER Property Address: ____ 4th Ave N, Edmonds, Washington 98020 The City of Edmonds has elected to participate in the Preserve America Grant program, funded by the National Park Service, to promote and market cultural heritage tourism in downtown Edmonds by creating an Edmonds Downtown Cultural Heritage Tour called Stages of History (the “Tour”). The Tour will mark 12 sites that have meaning for the community with visually exciting designs rich in narrative that bring the identity and history of the place to life for the visitor. The markers for the Tour are made by artist Judith Caldwell and are unique in design, employing a stage or puppet theater outline for the basic form. They are designed to be fun, informative and visually interesting, creating an opportunity for visitors of all ages to engage in cultural history while exploring the downtown on foot. Some of these markers are placed in the public right of way, but one marker would be optimally located on (or adjacent to) the property referenced above. The parties to this Agreement agree that it is appropriate to locate a marker for the Tour on the property described herein. In consideration of the mutual covenants and benefits contained herein, the undersigned, ________________________, a single person (hereinafter referred to as “Property Owner”), hereby grants to the CITY OF EDMONDS, a Municipal Corporation (hereinafter referred to as “the City”), access for the installation and maintenance of an interpretive marker relating to the Edmonds Downtown Cultural Heritage Tour on (or adjacent to) the following described property, and the further right to remove sod, undergrowth and other obstructions interfering with the installation and maintenance of said interpretive marker or signage, together with the right of access to the location at any time for the stated purposes. The description and location of the interpretive marker is described and depicted in the attached Exhibit A. THE PARTIES agree that this Agreement is subject to the following conditions and restrictions: 1. This Agreement is subject to the continuation of all of the existing uses of the property that do not significantly impair or interfere with the public’s use and enjoyment of the interpretive marker or signage. 2. The City will restore the property and any improvements that are disturbed during the installation of said interpretive marker, including any landscaping, plants, improvements and structures, to substantially the original condition that existed before the installation. In the event of failure, damage or vandalism to the interpretive marker or signage necessitating restoration or repair in the future, the City will undertake such restoration or repair promptly upon reasonable notice, and will restore the property and any improvements that were disturbed to substantially the condition that existed before such damage occurred. 3. The City shall indemnify, defend and hold harmless the Property Owner from any claim for damage or injury which may arise as a result of the placement of the interpretive marker or signage on (or adjacent to) the Property Owner’s property pursuant to this Agreement, unless such damage or injury is the result of the Property Owner’s sole negligence. 4. This Agreement may be amended at any time through written notification from the Property Owner to the City. Such amendment will become effective when the Parties’ agreement is reduced to writing and signed by both Parties. 5. In the case of the sale or transfer of the underlying property, this Agreement will be renegotiated with the new owner. Property Owner will notify the City of any such sale or transfer and will provide the City with the name of the transferee. Packet Page 311 of 383 6. This Agreement will continue indefinitely unless terminated by either party. Property Owner reserves the right to terminate this Agreement at any time and for any reason by providing the City with ten (10) business days’ notice of the intent to terminate. The City will promptly remove the interpretive marker or signage from the Property Owner’s property upon receipt of such notice and restore such property to substantially the condition that existed before the installation. 7. This Agreement will automatically terminate in the event that the interpretive marker is removed by the City. If the City removes the marker from the Property Owner’s property, the City will restore such property to substantially the condition that existed before the installation. DATED THIS ___ DAY OF ____, 2014 __________________________________________ City of Edmonds By: _________________, its ___________________ DATED THIS ___ DAY OF ____, 2014 __________________________________________ [Name] (Property Owner) Printed Name: ______________________________ STATE OF WASHINGTON ) ) ss COUNTY OF SNOHOMISH) On this day personally appeared before me, ___________________________________, to me known to be the individual described in and who executed the within and foregoing instrument as Property Owner, and acknowledged that they were authorized to execute this instrument and signed the same as their free and voluntary act and deed, for the uses and purposes therein mentioned. UNDER MY HAND AND OFFICIAL SEAL THIS DAY OF , 2014. NOTARY PUBLIC in and for the State of Washington, residing at My appointment expires EXHIBIT A Property Address: ___ 4th Avenue North, Edmonds, WA 98020 Description and Picture of Specific Location for Interpretive Marker: E.G. Marker to be located at southeast edge of property on sidewalk side of the fence. Packet Page 312 of 383 City ROW but in planting area adjacent to fence. ROW 50’. Description and Dimensions of Interpretive Marker: Marker Size: 19”H x 12.5”W Installed on one stainless steel post, approx. 3” diameter. Vertical height approximately 4’ 6”. Installation Technique for Interpretive Marker: Post installed directly into planting strip with concrete base. Packet Page 313 of 383    AM-6753     2. M.              City Council Committee Meetings Meeting Date:04/08/2014 Time:5 Minutes   Submitted For:Rob English Submitted By:Megan Luttrell Department:Engineering Committee: Parks, Planning, Public Works Type: Information Information Subject Title 76th Ave. W at 212th St. SW Intersection Improvements project Update Recommendation For information only. Previous Council Action On August 14, 2012, City Council authorized the Mayor to sign Supplemental Agreement with David Evans & Associates for the 76 th Ave. W at 212th St. SW Intersection Improvements project.  On February 11, 2014, the Parks, Planning and Public Works committee reviewed this item and recommended it be forward to full Council. On March 18, 2014, staff presented this item to full Council. Narrative 76th Ave W at 212th St. SW is one of the busiest signalized intersections in the City and is served by two federally classified minor arterial streets. The intersection experiences long queues during peak commute and school hours due to the limited capacity of the intersection with high volumes on each leg of the intersection. The design phase for this project began in 2012 and different alternatives have been analyzed. At the 76th Ave W at 212th St. SW intersection, the following improvements are proposed:  • Addition of left turn lane for northbound and southbound movements (allowing both approaches to turn concurrently) • Addition of right-turn lane for westbound, northbound, and southbound movements • Consolidate the number of through lanes for northbound and southbound movements from two lanes to one lane to match a future three lane arterial corridor. • Addition of bike lanes for all movements   The proposed changes will result in intersection delay improvements since the projected 2030 No-Build Level of Service is LOS F and the projected 2030 LOS under this configuration is LOS D (meets City’s Level of Service / LOS D). The existing 76th Ave W Corridor (from 220th St. SW to 196th St. SW) is a combined two through-lanes on each side of the street on one end and one through lane with parking stalls on each side of the street on the other. The proposed re-configuration consists of one through lane and a bike lane on each side of the street, with a two-way left turn lane. This layout along the corridor will provide the following:  • Improve traffic flow and travel time from one end to the other, • Reduce number of accidents (less rear-ends, left turn collisions, and conflict points) • Improve access from 76th Ave W to and from minor streets and driveways with two-way left turn lanes • Improve bicycle safety with the addition of bike lanes on both sides of the entire corridor    The design phase is currently 60% complete. The right of way phase recently began and the next step is to hold a public open house and meet with the property owners adjacent to the intersection. The design and right of way phases are scheduled for Packet Page 314 of 383 completion in 2015. Staff will be pursuing transportation grants to fund the construction phase of this project. Transportation impact fees will be used on grants that require a local match. Attachments Project Layout: 3-Lane Conversion w/ Bike Lanes & Right-Turn Lanes Form Review Inbox Reviewed By Date Engineering Robert English 04/03/2014 11:41 AM Public Works Phil Williams 04/03/2014 03:05 PM City Clerk Scott Passey 04/03/2014 03:06 PM Mayor Dave Earling 04/03/2014 03:41 PM Finalize for Agenda Scott Passey 04/03/2014 03:42 PM Form Started By: Megan Luttrell Started On: 04/03/2014 10:23 AM Final Approval Date: 04/03/2014  Packet Page 315 of 383 Packet Page 316 of 383    AM-6748     2. N.              City Council Committee Meetings Meeting Date:04/08/2014 Time:5 Minutes   Submitted For:Bertrand Hauss Submitted By:Megan Luttrell Department:Engineering Committee: Parks, Planning, Public Works Type: Action Information Subject Title Amendment to the 2014-2019 Six-Year Transportation Improvement Program to add the 76th Ave. W re-striping project from 220th St. SW to Olympic View Dr. Recommendation Forward this item to the April 15, 2014 City Council meeting for a public hearing.  If the project is added to the Six-Year Transportation Improvement Program, then staff recommends the project be added to the Capital Improvement Program and Capital Facilities Plan during the normal course of Plan updates as part of the 2015 budget process.  Previous Council Action On June 18, 2013, City Council approved the 2014-2019 Transportation Improvement Program. Narrative The Six Year Transportation Improvement Program (TIP) is a transportation planning document that identifies funded, partially funded, and unfunded projects that are planned or needed over the next six calendar years. The TIP also identifies the expenditures and secured or reasonably expected revenues for each of the projects included in the TIP. The City practice in preparing the TIP each year has been to keep it financially constrained the first 3 years (2014-2016), but not the last 3 years (2017-2019). In order for a project to be eligible for Federal grant funding, the project needs to be included in one of our plans. A TIP amendment is required when a project needs to be added to the document, in order for the project to be grant eligible. A Federal grant application will be submitted this April for the 76th Ave. W Corridor Re-Striping project from 220th St. SW to Olympic View Dr. and this project currently is not identified in the 2014-2019 TIP.   The existing 76th Ave W Corridor (from 220th St. SW to Olympic View Dr.) is a combined two through-lanes on each side of the street on one end (from 220 th St. to 208th St. SW) and one through lane with parking stalls on each side of the street on the other (from 208th St. SW to Olympic View Dr.). The proposed re-configuration consists of one through lane and a bike lane on each side of the street, with a two-way left turn lane (striping only project). This layout along the corridor will provide the following:  Improve traffic flow and travel time from one end to the other, Reduce number of accidents (less rear-ends, left turn collisions, and conflict points), Improve access from 76th Ave W to and from minor streets and driveways with two-way left turn lanes, and Improve bicycle safety with the addition of bike lanes on both sides of the entire corridor. This project is being combined with the 76th Ave. W @ 212th St. SW Intersection Improvements project, in order to create a consistent lane configuration throughout the entire corridor.  A grant application for the construction of the 76th @ 212th Intersection Improvements project will be submitted in April (Design and Right-of-Way phases to be completed in 2015) and the construction schedule of both projects depends on whether the grant is secured or not.  Attachments Revised 2014-2019 TIP Resolution Packet Page 317 of 383 Form Review Inbox Reviewed By Date Engineering Robert English 04/03/2014 03:40 PM Public Works Phil Williams 04/03/2014 03:58 PM City Clerk Scott Passey 04/03/2014 04:01 PM Mayor Dave Earling 04/03/2014 04:08 PM Finalize for Agenda Scott Passey 04/03/2014 05:09 PM Form Started By: Megan Luttrell Started On: 04/02/2014 04:09 PM Final Approval Date: 04/03/2014  Packet Page 318 of 383 Grant Opportunity Project (2014-2019) Project Name Purpose Grant/Date Phase Total Cost Source 2014 2015 2016 2017 2018 2019 Preservation/Maintenance Projects: Annual Street Preservation Grind pavement, overlay, chip seal,Engineering $0 (Federal) Program Local Funds Only & $0 (State) slurry seal, and microsurfacing Construction $4,500,000 (Local)$1,500,000 $1,500,000 $1,500,000 5th Ave S Overlay from Secured grant $8,650 (Federal, secured)$8,650 Elm Way to Walnut St. Grind pavement and overlay & Construction $0 (State) Local Funds $1,350 (Local)$1,350 Traffic Signal Upgrade traffic signal cabinets,Possible grant,Engineering $650,000 (Federal, unsecured)$650,000 Improvements install pedestrian countdown displays, provide &&$0 (State) maintenance, and improve technology Local Funds Construction $20,000 (Local)$10,000 $10,000 238th @ 100th Av. Signal Upgrades Rebuild signal system Engineering $0 (Federal) Possible Grant &$508,000 (State, unsecured)$508,000 with video detection Construction $0 (Local) TOTAL $10,000 $0 $0 $2,658,000 $1,510,000 $1,510,000 Safety / Capacity Analysis: 212th St. SW / 84th Ave. W (5 Corners)ROW $8,650 (Federal, secured)$8,650 Intersection Improvements $0 (State) Install roundabout with conversion of overhead utilities Secured Grant $1,350 (Local)$1,350 to underground, water line replacement, and stormwater & Construction $1,839,000 (Federal, secured)$1,839,000 upgrades Local Funds $0 (State) $367,000 (Local, Fund 412)$367,000 $288,000 (Local, Traffic Impact Fees) $288,000 228th St. SW. Corridor Safety Construct missing roadway link on 228th St. SW between Engineering $10,000 (Federal, secured)$10,000 Improvements Hwy. 99 and 76th Ave. W. Install traffic signals at $0 (State) Hwy. 99 @ 228th St. SW and $0 (Local) 76th Ave. W @ 228th St. SW to improve safety. ROW $100,000 (Federal, secured)$100,000 Bike lanes and sidewalk will be added on Secured Grants $0 (State) both sides of the new stretch. Stormwater improvements &$0 (Local) are also being incorporated into this project.Local Funds Construction $4,049,000 (Federal, secured)$4,049,000 $0 (State) $55,000 (Local, Fund 412)$55,000 $85,000 (Local)$85,000 76th Av. W @ 212th St. SW Intersection $88,000 (Federal, secured)$44,000 $44,000 Improvements Engineering $0 (State) Secured grants, $80,000 (Local, Fund 412)$80,000 Re-design intersection to reduce intersection delay / $12,000 (Local, Traffic Impact Fees)$6,000 $6,000 improve level of service. Utility Possible grants, $647,000 (Federal, secured)$300,000 $347,000 improvements are included in the project. ROW $227,000 (Federal, unsecured)$227,000 $101,000 (Local)$47,000 $54,000 & Local Funds Construction $1,989,200 (Federal, unsecured)$1,989,200 $0 (State) $311,000 (Local)$311,000 SR-104 Transportation Corridor Study Improve vehicular and non-motorized transportation $0 (Federal) safety along SR-104 Local Funds Only Engineering $0 (State) $25,000 (Local)$25,000 SR-99 Gateway / Revitalization Install gateway elements and safety improvements Engineering $0 (Federal) along the SR-99 Corridor.Possible Grant & $10,000,000 (State, unsecured)$500,000 $4,500,000 $5,000,000 Construction $0 (Local) SR-524 (196th St. SW) / 88th Ave. W Installation of guardrail on the west side of intersection,$0 (Federal) Guardrail improving intersection safety due to ~ 12' vertical drop on Local Funds Only Engineering $0 (State) west side of intersection $30,000 (Local)$30,000 SR 524 (196th St. SW) @ Design intersection improvement Design $0 (Federal) 88th Ave W. Intersection Possible Grant $50,000 (State, unsecured)$50,000 Improvements $50,000 (Local, traffic impact fees)$50,000 ROW acquisition ROW $0 (Federal) &$81,500 (State, unsecured)$81,500 $81,500 (Local)$81,500 Construct intersection improvements Construction $533,000 (Federal, unsecured)$533,000 Local Funds $0 (State) $83,000 (Local)$83,000 Main St. @ 3rd Signal Upgrades Possible grant Engineering $200,000 (Federal, unsecured)$20,000 $180,000 Upgrade traffic signal & &$0 (State) Local Funds Construction $50,000 (Local)$20,000 $30,000 Puget Dr. @ OVD Signal Upgrades Possible grant Engineering $125,000 (Federal, unsecured)$20,000 $105,000 Upgrade traffic signal &&$0 (State) Local Funds Construction $125,000 (Local)$20,000 $105,000 Packet Page 319 of 383 Grant Opportunity Project (2014-2019) Project Name Purpose Grant/Date Phase Total Cost Source 2014 2015 2016 2017 2018 2019 Main St. @ 9th Av. S Restriping of 9th Av. S to (2) northbound Engineering $0 (Federal) (Interim Solution)and southbound lanes (ex conditions: 1 lane Local Funds Only & $0 (State) per approach) Construction $10,000 (Local, Traffic Impact Fees)$10,000 220th St. SW @ 76th Av. W Reconfigure eastbound lanes to a left turn lane and a Possible Grant Engineering $149,000 (Federal, unsecured)$149,000 Intersection Improvements through lane. Change NB and SB phases to provide & &$0 (State) protected/permissive LT and Right turn overlap for WB.Local Funds Construction $24,000 (Local)$24,000 Arterial Street Signal Coordination Coordinate the traffic signals within 1/2 mile of each other Engineering $0 (Federal) Improvements along 76th Av. W, 212th St. SW, and 220th St. SW Local Funds Only & $0 (State) Construction $50,000 (Local)$50,000 Hwy 99 @ 212th St. SW Widen 212th St. SW to add a WB and EB left turn lane. Possible Grant s Engineering,$2,826,000 (Federal, unsecured)$424,000 $793,000 $1,609,000 Intersection Improvements Provide protected / permissive left turn phasing for both & ROW, &$225,500 (State, unsecured)$33,000 $66,500 $126,000 movements.Local Funds Construction $224,500 (Local)$33,000 $66,500 $125,000 Hwy 99 @ 216th St. SW Widen 216th St. SW to add a WB and EB left turn lane. Possible Grant s Engineering,$2,826,000 (Federal, unsecured)$424,000 $793,000 $1,609,000 Intersection Improvements Provide protected / permissive left turn phasing for both & ROW, &$225,500 (State, unsecured)$33,000 $66,500 $126,000 movements.Local Funds Construction $224,500 (Local)$33,000 $66,500 $125,000 Protected / permissive traffic Conversion from protected left-turn phasing Engineering $0 (Federal) signal conversion to protective-permissive Local Funds Only & $0 (State) phasing at signalized intersections Construction $20,000 (Local)$20,000 Re-striping of 76th Ave. W Re-striping street to (1) through lane in both Possible Grant Engineering $337,500 (Federal, unsecured)$78,000 $259,500 from 220th St. SW to northbound / southbound directions, (1) two-way left turn & & $0 (State) Olympic View Dr. lane, and bike lanes in each direction Local Funds Construction $53,500 (Local)$13,000 $40,500 Type 2 Raised Pavement Install Type 2 Raised Pavement Markers Engineering $98,000 (Federal, unsecured)$98,000 Markers along the centerline of arterials and collectors, improving Possible Grant & $0 (State) roadway safety during night hours and on rainy days Construction $0 (Local) TOTAL $7,815,000 $5,269,000 $5,300,000 $3,791,200 $2,265,000 $4,546,000 Pedestrian Projects: Sunset Av. from Bell St. to Caspers St.Provide sidewalk on the west side of Sunset Av.Secured Grant, Possible Engineering $73,000 (Federal, secured)$73,000 Grant, &&$389,000 (State, unsecured)$389,000 Local Funds Construction $400,000 (Local)$11,000 $389,000 238th St. SW from 100th Ave. W to Provide sidewalk on the north side of 238th St. SW Engineering $0 (Federal) 104th Ave. W from 100th Ave. W to 104th Ave. W Secured Grant &$531,000 (State, secured)$531,000 Construction $0 (Local) 15th St. SW from Edmonds Way to Provide sidewalk on the north side of 15th St. SW to Engineering $334,000 (Federal, secured)$334,000 8th Ave. W improve non-motorized transportation safety Secured grant &$0 (State) for kids attending Sherwood Elementary School Construction $0 (Local) 236th St. SW Walkway from Madrona Improve non-motorized transportation safety for school Engineering $454,000 (Federal,secured)$454,000 Elementary to Edmonds Way (SR-104)Secured grant & $0 (State) kids along 236th St. SW Construction $0 (Local) Hwy. 99 Enhancement project Installation of luminaires along SR-99 $584,000 (Federal, secured)$584,000 (Phase 3)from 220th St. SW to 212th St. SW,Secured grant Construction $0 (State) improving pedestrian / vehicular safety $0 (Local) SR-104 Pedestrian Install mid-block crossing along SR-104, allowing Engineering $0 (Federal) Midblock crossing pedestrians coming from Pine St to safely cross WSDOT Secured Grant & $230,000 (State, secured)$230,000 (WSDOT project)SR-104, to access City Park Construction $0 (Local) ADA Curb Ramp upgrades Upgrade curb ramps along 3rd Ave. S Secured Grant Engineering $50,000 (Federal, secured)$50,000 along 3rd Ave. S between Pine St. and Main St. & &$0 (State) Local Funds Construction $25,000 (Local)$25,000 80th Av. W from 188th St. SW to Install sidewalk to provide safe and desirable route to Engineering $0 (Federal) Olympic View Dr. Walkway and Seaview Elementary and parks. Improve sight distance issue Possible Grant &$993,000 (State, unsecured)$30,000 $116,000 $847,000 Sight Distance Improvements near 184th St. SW intersection. Construction $0 (Local) 2nd Av. S from James St. to Main St.Engineering $0 (Federal) Walkway Provide sidewalk along short missing link. Local Funds Only &$0 (State) Construction $32,000 (Local)$32,000 ADA Curb Ramps Improvements Construct ADA compliant curb ramps where Possible Grant Engineering $0 (Federal) Citywide (Transition Plan)&&$375,000 (State, unsecured)$125,000 $125,000 $125,000 facilities don't exist nor meet current standards Local Funds Construction $75,000 (Local)$25,000 $25,000 $25,000 Maplewood from Main St. to Install sidewalk, connecting to existing sidewalk Possible Grant Engineering $0 (Federal) 200th St. SW Walkway on 200th St. SW, & &$507,500 (State, unsecured)$95,000 $412,500 linking to Maplewood Elementary School.Local Funds Construction $169,500 (Local)$32,000 $137,500 Meadowdale Beach Rd Walkway Install sidewalk along missing link between Possible Grant $0 (Federal) & Engineering $142,500 (State, unsecured)$142,500 76th Av. W and Olympic View Dr. Local Funds $47,500 (Local)$47,500 Wanut St. from 3rd Av. to 4th Av. Engineering $0 (Federal) Walkway Install sidewalk along short missing link Possible Grant & $220,000 (State, unsecured)$220,000 Construction $0 (Local) Walnut St. from 6th Av. to 7th Av.Possible Grant Engineering $0 (Federal) Walkway Install sidewalk along short missing link & &$55,000 (State,unsecured)$55,000 Local Funds Construction $55,000 (Local)$55,000 Packet Page 320 of 383 Grant Opportunity Project (2014-2019) Project Name Purpose Grant/Date Phase Total Cost Source 2014 2015 2016 2017 2018 2019 4th Av. Corridor Enhancement Possible Grant Engineering $5,000,000 (Federal, unsecured)$100,000 $1,000,000 $1,000,000 $2,900,000 Walkway Create more attractive and safer corridor along 4th Av.& &$0 (State) Local Funds Construction $675,000 (Local, Fund 125)$100,000 $150,000 $425,000 Audible Pedestrian Install audible pedestrian signals at all Engineering $25,000 (Federal, unsecured)$25,000 Signals pedestrians heads to improve signalized intersection Possible Grant & $0 (State) safety for people with disabilities Construction $0 (Local) TOTAL $2,492,000 $1,150,000 $1,425,000 $4,135,000 $393,000 $1,847,000 Bicycle projects Citywide Bicycle connections (such as Install bike lanes, sharrows, and signs along Main St., Engineering $233,000 (Federal, unsecured)$233,000 Interurban Trail to Downtown Edmonds...)Bowdoin Way, 84th Ave. W, 212th St. SW, 220th St. SW,Possible grant & $0 (State) and 224th St. SW to create safer connections Construction $0 (Local) Bicycle Route Signing $0 (Federal) Install signage for (3) bike loops around the City Local Funds Only Construction $0 (State) $30,000 (Local)$10,000 $10,000 $10,000 TOTAL $0 $0 $0 $243,000 $10,000 $10,000 Traffic Calming Projects: Residential Neighborhood Traffic circles, speed cushions,Design $0 (Federal) Traffic Calming "Your Speed" signs, etc.Local Funds only &$0 (State) Construction $105,000 (Local) $10,000 $10,000 $10,000 $25,000 $25,000 $25,000 Traffic Planning Projects: Transportation Plan Update Engineering $0 (Federal) Update Transportation Plan Local Funds Only &$0 (State) Planning $180,000 (Local)$90,000 $90,000 Total $46,664,200 $10,417,000 $6,519,000 $6,735,000 $10,852,200 $4,203,000 $7,938,000 Total Federal $7,954,300 $1,696,000 $1,259,500 $6,887,200 $1,711,000 $3,931,000 Total Federal (Secured)$7,854,300 $391,000 $0 $0 $0 $0 Total Federal (Unsecured)$100,000 $1,305,000 $1,259,500 $6,887,200 $1,711,000 $3,931,000 Total State $1,261,000 $4,500,000 $5,000,000 $1,388,000 $550,500 $1,834,000 Total State (Secured)$761,000 $0 $0 $0 $0 $0 Total State (Unsecured)$500,000 $4,500,000 $5,000,000 $1,388,000 $550,500 $1,834,000 Total Local Fund $1,201,700 $323,000 $475,500 $2,552,000 $1,941,500 $2,173,000 Total Local (Fund 112)$295,700 $167,000 $50,500 $2,502,000 $1,941,500 $2,173,000 Total Local (Fund 125) $100,000 $150,000 $425,000 $0 $0 $0 Total Fund (Fund 412) $502,000 $0 $0 $0 $0 $0 Total Local (Traffic Impact Fees)$304,000 $6,000 $0 $50,000 $0 $0 Packet Page 321 of 383 RESOLUTION NO. ______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, APPROVING THE REVISED 2014-2019 TRANSPORTATION IMPROVEMENT PROGRAM (TIP) AND DIRECTING FILING OF THE ADOPTED PROGRAM WITH THE WASHINGTON STATE DEPARTMENT OF TRANSPORTATION. WHEREAS, RCW 35.77.010 and 36.81.121 require that each city and town is required to adopt a Transportation Improvement Program (TIP) and file a copy of such adopted program with the Washington State Department of Transportation (WSDOT); and WHEREAS, the TIP identifies all planned projects over the next 6 years, along with the appropriate funding source; now, therefore, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. The Revised Transportation Improvement Program is hereby adopted pursuant to the requirements of RCW 35.77.010 and 36.81.121 to be effective on April 16, 2014 and to continue in full force and effect until amended. A copy of such Revised Transportation Improvement Program for the years 2014 to 2019 is attached hereto as Exhibit A and incorporated by this reference as fully as if herein set forth. Section 2. The City Clerk is hereby requested and directed to file a certified copy of the Revised Transportation Improvement Program with the Washington State Department of Transportation. Packet Page 322 of 383 RESOLVED this ___ day of ________________, 2014. APPROVED: MAYOR, DAVE O. EARLING ATTEST/AUTHENTICATED: CITY CLERK, SCOTT PASSEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. Packet Page 323 of 383    AM-6735     2. O.              City Council Committee Meetings Meeting Date:04/08/2014 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 Request authorization to award the construction contract for the Wastewater Treatment Plant Interior Improvements Project to Tec Construction Inc.  Recommendation It is recommended that the Council award the construction contract to Tec Construction Inc, and authorize Mayor Earling to sign the contract for $312,000, which does not include tax. Previous Council Action Request to advertise was authorized by full Council on February 18, 2014. Request to advertise was referred to full Council by Parks, Planning, and Public Works Committee on February 11, 2014. Narrative The Wastewater Treatment Plant Facility Upgrade will repair, replace and remodel the existing locker rooms, a control room (4 work stations) and upgrade the lunchroom facility to accomodate staff needs.  The existing building was constructed in 1988.  The mens locker room was and still is undersized for the number of occupants.  The womens locker room was and is oversized for the typical number of occupants.  The original lockers were not sized appropriatly to allow for personal clothes, uniforms or boots.  The "group" shower walls, grout and and tile floors show signs of significant deterioration.  Staff would prefer individual showers.  The lunchroom lacks personal food storage space, an oven and adaquate counter space to prepare lunches.  The control room, which is shared by both Operator and Maintenance Leads and the Pretreatment Technician is drab, has mismatched tile on the floor and has mismatched and re-used furnishings.  The enire space is in need of paint. Construction costs for this project were estimated at $338,000.   Four bids were revieved ranging from $312,000 to $360,000.  The bid tabulation is attached.  Tec Construction Inc. was the lowest competitive bid at $312,000.  The funding for this project comes from the 423-WWTP Utility fund and was approved by Council in the 2014 Capital Budget - the accompanying narrative is attached.  The total construction cost of $341,640, which includes tax, will be shared by our Wastewater Treatment Partners; the City of Edmonds responsibility would be  $173,509. The construction is expected to start in spring 2014 and would be completed by the end of summer 2014. Attachments Bid Tabulation Sheet CIP Narrative Form Review Inbox Reviewed By Date Public Works Phil Williams 04/03/2014 03:04 PM Engineering Robert English 04/03/2014 05:30 PM Packet Page 324 of 383 City Clerk Scott Passey 04/04/2014 07:52 AM Mayor Dave Earling 04/04/2014 09:47 AM Finalize for Agenda Scott Passey 04/04/2014 09:54 AM Form Started By: Pamela Randolph Started On: 03/31/2014 11:59 AM Final Approval Date: 04/04/2014  Packet Page 325 of 383 QUANTITY UNITS UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE 1.0 $0 $0 $0 $0 $0 Subtotal $324,000 Subtotal $360,731 Subtotal $353,581 Subtotal $312,000 Subtotal $0 9.5% Tax $30,780 9.5% Tax $34,269 9.5% Tax $33,590 9.5% Tax $29,640 9.5% Tax $0 TOTAL $354,780 TOTAL $395,000 TOTAL $387,171 TOTAL $341,640 TOTAL $0 BIDDERS NAME FABER CONSTRUCTOIN CORP REYNOLDS GENERAL D.P. WAIN CONSTRUCTION INC TEC CONSTRUCTION INC INTERIOR IMPROVEMENT C-411 Packet Page 326 of 383 Packet Page 327 of 383    AM-6630     2. P.              City Council Committee Meetings Meeting Date:04/08/2014 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 Control System Upgrade - Equipment Purchase Authorization Recommendation It is recommended that the City Council approve the purchase of required equipment for the Control System Upgrade utilizing the Alderwood Intergovernmental Cooperative Purchasing Agreement signed on 11.20.13 by Mayor Earling. Previous Council Action On 11.19.13 the full City Council approved the request and authorized the Mayor to sign the Intergovernmental Cooperative Purchasing Agreement.  On 11.12.13 staff requested an Intergovernmental Cooperative Purchasing Agreement between Alderwood Water and Wastewater District (AWWD) and the City of Edmonds (COE) that would allow COE to utilize the current Supply and Delivery of Programmable Logic Controller (PLC) Equipment contract.  THis request was presented to the Parks, Planning and Public Works Committee.  The request was forwarded to the full City Council. Narrative The Wastewater Treatment Plant operates 24 hours per day, 365 days per year, while only being staffed on average 16 -18 hours per day and many times with only 1 certified Operator on site.  This is possible due to the Supervisory Control and Data Acquisition (SCADA) system.  The SCADA system is a computer system for gathering and analyzing real time data via coded signals over communication channels.  The SCADA system has both software and hardware components and must be designed and configured based on the control strategies and processess within the facility.  This is the system which automates and monitors the operation and assists the Operators in meeting our NPDES permit.  The original SCADA system was designed in 1988 and installed between 1990 and 1991, during the last major plant upgrade.  Critical hardware for the existing system is only offered by one third party vendor.  New upgrades, features and system support is not available for this field equipment.  While we may be able to maintain this critical equipment for a few more years, the risk of not being able to find critical parts, plan for a controlled replacement, and manage costs increases as time passes.  Furthmore, advancements to sofware and programming features are necessary to ensure we gather and store accurate, time stamped data; have remote monitoring of sytems, and have detailed alarms notifying staff of system failures. Staff began upgrading the system 2 years ago as elements of the SCADA system failed.  Under the Control Sytem Upgrade Project C-412, the Fiber Optic communicaton highway, the Uninteruptable Power Supplies (UPS's), the remote PC's and a redundant server configuration were replaced.  While the system operates better than before, to leverage the new features, we must also upgrade other SCADA hardware in the field and the SCADA operating platform.   Remaining Control System Upgrade project work includes the Professional Services Agreement (engineering and programming aspect) and the direct Equipment Purchase of approximately $308,863.  The direct equipment purchase must be completed by May of 2016 to utilize the savings available under the AWWD agreement and allows the COE to expeditiously move forward with the replacement without paying for additional mark up on the hardware.   The Control System Upgrade was included in the CIP Narrative, CIP long range plan and has the concurrence of our WWTP Partners.  Packet Page 328 of 383 Attachments CIP Narrative Form Review Inbox Reviewed By Date Public Works Phil Williams 04/03/2014 03:59 PM Engineering Robert English 04/03/2014 05:30 PM City Clerk Scott Passey 04/04/2014 07:52 AM Mayor Dave Earling 04/04/2014 09:46 AM Finalize for Agenda Scott Passey 04/04/2014 09:54 AM Form Started By: Pamela Randolph Started On: 03/04/2014 11:36 AM Final Approval Date: 04/04/2014  Packet Page 329 of 383 Packet Page 330 of 383    AM-6734     2. Q.              City Council Committee Meetings Meeting Date:04/08/2014 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 Control System Upgrade - Request approval for Mayor to sign a Professional Services Contract with Parametrix, Inc. Recommendation It is recommended that the City Council Authorize the Mayor to sign the Professional Services Contract with Parametrix, Inc. for the Control System Upgrade Project. Previous Council Action Narrative The Wastewater Treatment Plant operates 24 hours per day, 365 days per year, while only being staffed on average 16 -18 hours per day and many times with only 1 certified Operator on site. This is possible due to the Supervisory Control and Data Acquisition (SCADA) system. The SCADA system is a computer system for gathering and analyzing real time data via coded signals over communication channels. The SCADA system has both software and hardware components and must be designed and configured based on the control strategies and processess within the facility. This is the system which automates and monitors the operation and assists the Operators in meeting our NPDES permit.  The original SCADA system was designed in 1988 and installed between 1990 and 1991, during the last major plant upgrade. Critical hardware for the existing system is only offered by one third party vendor. New upgrades, features and system support is not available for this field equipment. While we may be able to maintain this critical equipment for a few more years, the risk of not being able to find critical parts, plan for a controlled replacement, and manage costs increases as time passes. Furthmore, improvements to sofware and programming features are necessary to ensure that we gather and store accurate, time stamped data; have remote monitoring of sytems, have redundancy for critical systems and have a detailed alarm notification package. Staff began upgrading the system 2 years ago as elements of the SCADA system failed. Under the Control Sytem Upgrade Project C-412, the Fiber Optic communicaiton highway, the Uninteruptable Power Supplies (UPS's), the remote PC's and a redundant server configuration were replaced. While the system operates better than before, to leverage the new features, we must also upgrade other SCADA harware in the field and the SCADA operating platform.  Remaining Control System Upgrade project work includes the  direct Equipment Purchase and the Professional Services Agreement (engineering and programming aspect) for approximately $1,369,037.   Over the past 2 years, staff evaluated the various approaches to project delivery.  A predesign report was requested from Tetra Tech Inc, to evaluate our requirements and suggest the best approach to deliver the project.  Based on this report the AWWD Interlocal Agreement was signed and an RFQ was established and distributed to 6 engineering companies, 3 of which have a history with the WWTP SCADA system. 3 SOQ were recieved.  They were evaluated by an independent team consisting of Brian Tuley (IT, COE), Chad Phelan (Finance, Mountlake Terrace) and  Paul Coffelt (I&C, SCADA TECH City of Lynnwood).   The recommendation from the evaluation team was that the City move forward into negotiations with Parametrix, Inc. Over the past month staff have working with Parametrix Inc. to develop a detail cost estimate which includes all programming (rewriting existing into new language), control strategies documentation, hardware documentation, data storage and system redundancy improvements, sytem integration, training and development of the alarm package.  The cost reflects a high degree Packet Page 331 of 383 of risk for Parametrix, Inc. who will be responsible for delivering a turn key system that functions as designed, reduces risk of lost data without system failures or loss of treatment capability.  The project will take approximately 3 years to complete. Attached is the DRAFT scope of work which is in the final stage of development.    The Control System Upgrade was included in the CIP Narrative, CIP long range plan and has the concurrence of our WWTP Partners. Attachments CIP Narrative DRAFT Scope of work Form Review Inbox Reviewed By Date Public Works Phil Williams 04/03/2014 05:15 PM Engineering Robert English 04/03/2014 05:30 PM City Clerk Scott Passey 04/04/2014 07:52 AM Mayor Dave Earling 04/04/2014 09:47 AM Finalize for Agenda Scott Passey 04/04/2014 09:54 AM Form Started By: Pamela Randolph Started On: 03/31/2014 11:54 AM Final Approval Date: 04/04/2014  Packet Page 332 of 383 Packet Page 333 of 383 Packet Page 334 of 383 Packet Page 335 of 383 Packet Page 336 of 383 Packet Page 337 of 383 Packet Page 338 of 383 Packet Page 339 of 383 Packet Page 340 of 383 Packet Page 341 of 383 Packet Page 342 of 383 Packet Page 343 of 383 Packet Page 344 of 383 Packet Page 345 of 383 Packet Page 346 of 383 Packet Page 347 of 383 Packet Page 348 of 383 Packet Page 349 of 383 Packet Page 350 of 383 Packet Page 351 of 383 Packet Page 352 of 383    AM-6747     2. R.              City Council Committee Meetings Meeting Date:04/08/2014 Time:5 Minutes   Submitted For:Jeanie McConnell Submitted By:Megan Luttrell Department:Engineering Committee: Parks, Planning, Public Works Type: Action Information Subject Title Council acceptance of a 40-foot street dedication (243rd Pl W) and 15-foot public sanitary sewer easement and authorization for Mayor to sign face of plat documents.  Recommendation Forward the item to the consent agenda for approval at the, April 15, 2014 Council meeting. Previous Council Action None. Narrative The Shoreshire 7-lot plat, located at 24223 76th Ave W, received preliminary plat approval on October 16, 2008.  As a condition of approval, a street dedication is required to accept the new 243rd Pl W plat road as public roadway.  In addition, a 15-foot public sanitary sewer system easement is to be granted to the City of Edmonds for that portion of the sewer main that extends west of the plat road and connects to the City’s existing sanitary sewer main on the subject property.  Please find attached the final plat documents, which show the street dedication and easement areas.  The street dedication is shown on Sheet 4 and a detail of the sanitary sewer easement is shown on Sheet 5.  After receiving authorization from the City Council to accept the public roadway dedication and for the Mayor to sign the face of the plat documents, the 40-foot street dedication and 15-foot sanitary sewer easement will be deeded to the City of Edmonds upon recording of the plat with Snohomish County. Attachments Shoreshire Plat-Recording Documents Form Review Inbox Reviewed By Date Engineering Robert English 04/03/2014 01:52 PM Public Works Phil Williams 04/03/2014 03:04 PM City Clerk Scott Passey 04/03/2014 03:05 PM Mayor Dave Earling 04/03/2014 03:16 PM Finalize for Agenda Scott Passey 04/03/2014 03:25 PM Form Started By: Megan Luttrell Started On: 04/02/2014 03:59 PM Final Approval Date: 04/03/2014  Packet Page 353 of 383 Packet Page 354 of 383 Packet Page 355 of 383 Packet Page 356 of 383 Packet Page 357 of 383 Packet Page 358 of 383 Packet Page 359 of 383    AM-6733     2. S.              City Council Committee Meetings Meeting Date:04/08/2014 Time:5 Minutes   Submitted For:Phil Williams Submitted By:Jim Stevens Department:Public Works Committee: Parks, Planning, Public Works Type: Action Information Subject Title FAC Equipment Surplus Recommendation Approve the surplus and transfer of equipment as listed in attachment and forward item for consent agenda for full Council. Previous Council Action None. Narrative The exercise room in the Frances Anderson Center is about to receive major improvements in equipment and finishes.  Verdant awarded the Parks and Recreation Department funding to purchase the first new equipment for this room in several decades, so the existing well-used items have been offered to other areas.  The Wastewater Treatment Plant is taking four pieces for its employees to be able to use on site.  The remainder of the pieces include an old, extremely heavy universal gym that is best scrapped for its metal value.  The same can be said for the other items that use stacks of metal plates for resistance and/or have upholstered surfaces that are worn beyond the point of serviceability. There are three items that have the potential for some value, albeit small, for a user at home.  They include a Stair Master stair climber, a Nautilus exercise bike, and a brown flat bench.  Staff plan to use Craigslist to advertise each of these for sale on a best offer basis. Finally, this surplus list includes old camera and film viewing items for which the Parks Department no longer has a use, and it is recommended these items simply be disposed as trash. Attachments FAC Surplus Form Review Inbox Reviewed By Date Parks and Recreation Carrie Hite 04/01/2014 01:20 PM Public Works Phil Williams 04/03/2014 03:04 PM City Clerk Scott Passey 04/03/2014 03:05 PM Mayor Dave Earling 04/03/2014 03:11 PM Finalize for Agenda Scott Passey 04/03/2014 03:25 PM Form Started By: Jim Stevens Started On: 03/31/2014 06:52 AM Final Approval Date: 04/03/2014  Packet Page 360 of 383 City of Edmonds Surplus List (Exhibit B) Parks and Recreation Department DATE Located Asset/ Tag #Property Description Brand Model # Serial # Condition - Working/Not Working/ Broken parts, etc. Est FMV (net disposal costs) Minimum price (if applicable) Intended Disposal Method (See Options) FAC Exercise Rm Stationary bike Nautilus NB 3000 Unk.Good $10 I "Stair Climber Stair Master 4000PT U57530 Avg. used $10 I "Cable Pull machine Universal Unk.Unk.Well used $0 S "Leg Bench Unk.Unk.Unk.Well used $0 S " 3781 Univ. Gym, 7 station, footprint approx. 15' X 15' X 7'Universal Unk.Unk. Well Used, vintage 1960s $0 S "Incline bench Unk.Unk.Unk.Cracked Uph. $0 T "Flat bench, tan Unk.Unk.Unk.Good $5 I "Stationary bike Mettler Racer Unk.Good N/A D "Treadmill Star Track 3901-BUSAP0 G04576 Good N/A D "Rowing Machine Mettler Coach unk.Good N/A D "Stair Climber Stair Master 4000PT U 37504 Good N/A D FAC Office Camera Polaroid One Step L8B D0PMJ CD DA 20-30 years old $0 T "Camera Polaroid One Step L8B D0PU5 CD DA 20-30 years old $0 T "Camera Polaroid Sun AutoFocus 660 62M 75556 N8 20-30 years old $0 T "Autoprocessor Polaroid 35 mm Unk.20-30 years old $0 T "Camera Polaroid One Step LZL 012HL CJ DA 20-30 years old $0 T "Camera Polaroid One Step LZL 012AW CJ DA 20-30 years old $0 T "Case Fotima Unk.Unk.20-30 years old $0 T "Film Viewer ViewMaster Pana-Vue Automatic Unk.20-30 years old $0 T Disposal Options A Auction B Bid (sealed) D Department transfer I Internet online auction N Newspaper advertisement "For Sale" P Private seller (negotiated price) R Returned to vendor for a credit S Scrapped T Trash can/dumpster (only if meets specific guidelines set forth in the policy) C:\Users\destiny\AppData\Local\Temp\BCL Technologies\easyPDF 6\@BCL@880FC099\@BCL@880FC099.xls 4/1/20141:17 PM Packet Page 361 of 383 City of Edmonds Surplus List (Exhibit B) Date Approved by Council Date Publicly Announced (If not applicable, state the reason) Date Disposed Buyer / Placed Disposed/ Transferred Purchase Price Fund (costs / revenue) WWTP WWTP WWTP WWTP C:\Users\destiny\AppData\Local\Temp\BCL Technologies\easyPDF 6\@BCL@880FC099\@BCL@880FC099.xls 4/1/20141:17 PM Packet Page 362 of 383    AM-6756     3. A.              City Council Committee Meetings Meeting Date:04/08/2014 Time:10 Minutes   Submitted By:Carrie Hite Department:Human Resources Committee: Finance Public Safety, Personnel Type: Action Information Subject Title Human Resources Department Reorganization Recommendation Staff recommends that the Committee forward the proposed ordinance to the full Council for approval. Previous Council Action The Council has taken several actions over the past several years to address the concerns of staffing in the HR department.  In November 2011, Council eliminated the HR Director position. In April 2012, Council approved special duty pay for a reporting Director and reclassified the HR analyst to an HR Manager position. In April 2013, Council approved an additional year for special assignment/special duty for a reporting Director. Narrative After several years of the HR department operating with a Reporting Director, the Mayor has an interest in making a final recommendation for the HR reorganization.  The Mayor is recommending the department structure have a current Director take on reporting responsibilities for HR permanently.  After discussion with Lighthouse Law Group, it has been recommended in order for this to happen, that the Salary Table in the budget book be amended to add this position.  Attached is a recommended amendment to the budget book.  At this time, there is no need for a monetary amendment, as this has already been reflected in the 2014 budget.  This discussion will be present on both the Personnel Committee and Finance Committee agendas for April 8, 2014. Beth Ford from Lighthouse Law Group will be present at the Personnel Committee to answer any questions. Sharon Cates from Lighthouse Law Group will be present at the Finance Committee to answer any questions. Attachments Attachment 1 - Salary Table Ordinance Form Review Inbox Reviewed By Date City Clerk Scott Passey 04/03/2014 11:33 AM Mayor Dave Earling 04/03/2014 11:35 AM Finalize for Agenda Scott Passey 04/03/2014 11:48 AM Form Started By: Scott Passey Started On: 04/03/2014 10:58 AM Final Approval Date: 04/03/2014  Packet Page 363 of 383 CITY OF EDMONDS, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE 2014 SALARY SCHEDULES FOR ALL CITY PERSONNEL. WHEREAS, RCW 35A.33.050 requires the salary or salary range for each office, position or job classification to be set forth separately together with the title or position designation thereof in the city’s budget; and WHEREAS, the 2014 adopted budget included a salary range table on pages 175 through 177; and WHEREAS, the 2014 budget appropriates funds in the form of “special duty pay” to compensate the parks, recreation and cultural services director for the additional duties and responsibilities associated with supervision of the human resources department; and WHEREAS, the mayor has determined that the city should create the position of Human Resources Reporting Director to make more permanent the existing arrangement whereby a director of another department is tasked with the additional duties of overseeing the human resources department; and WHEREAS, no additional appropriation for 2014 would be required to create this position because the compensation would be the same as the special duty pay previously appropriated, namely between 5% and 10% additional salary over the applicable director’s normal salary; and WHEREAS, other positions need to be added or deleted from the salary range table in the 2014 adopted budget to account for other recent changes; and WHEREAS, it is necessary for the City Council to amend the salary range table which authorizes positions and establishes salary levels for all city employees; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON ORDAINS AS FOLLOWS: Section 1. The City Council hereby adopts an amended salary range table approving all employee positions and their respective salary ranges as shown on Attachment “A”, which is attached hereto and incorporated herein by this reference as if set forth in full (deleted positions are shown in strikethrough; new positions are shown with shading). Section 2. Severability. If any section, subsection, clause, sentence, or phrase of this ordinance should be held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. Packet Page 364 of 383 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. PASSED by the City Council and APPROVED by the Mayor this 15TH day of April 2014. APPROVED _____________________________________ MAYOR, DAVE EARLING ATTEST/AUTHENTICATED: ______________________________________ CITY CLERK, SCOTT PASSEY APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: By: _______________________________________ CITY ATTORNEY, JEFFREY TARADAY FILED WITH THE CITY CLERK: APPROVED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE: ORDINANCE NO. Packet Page 365 of 383 Attachment A Elected Officials Council Member Position Council President Judge Mayor Non-Represented Accounting Supervisor Assistant Police Chief Associate Planner Building Official Capital Projects Manager City Clerk City Engineer Community Services & Economic Development Director Court Administrator Cultural Services Manager Development Services Director Engineering Program Manager I Executive Assistant Confidential Executive Assistant To The Mayor Facilities Manager Finance Director Fleet Manager Human Resources Part-time Assistant 41,676 Human Resources Analyst Human Resources Manager Human Resources Reporting Director 5% 10% Information Services Supervisor Parks And Recreation Director Parks Maintenance Manager Planning Manager Police Chief Public Disclosure & Records Public Works Director Recreation Services Manager Recycling Coordinator Senior Planner Senior Utilities Engineer Stormwater Engineer Manager Street/Storm Manager Transportation Engineer Wastewater Treatment Plant Manager Wastewater Treatment Plant Supervisor Water/Sewer Manager 86,904 116,460 Salary Range Table Minimum Maximum $12,000 $12,000 75,524 75,524 117,091 117,091 100,608 134,820 Minimum Maximum 82,764 110,916 $71,496 $95,820 68,088 91,248 61,764 82,764 100,608 134,820 105,636 141,564 78,828 105,636 64,860 86,904 75,072 100,608 71,496 95,820 105,636 141,564 78,828 105,636 105,636 141,564 56,028 75,072 58,821 78,826 105,636 95,82071,496 71,496 95,820 82,764 141,564 110,916 71,496 95,820 51,672 110,916 148,644 71,496 95,820 156,072116,460 28,01420,904 56,028 75,072 78,828 105,636 68,088 91,248 78,828 105,636 91,248 122,292 82,764 110,916 75,072 100,608 82,764 110,916 14,400 14,400 58,824 78,828 78,828 105,636 Packet Page 366 of 383 Attachment A Police Non-Commissioned Animal Control Officer Domestic Violence Coordinator Part Time Administrative Assistant Police Services Assistant Property Officer/Evidence Technician Senior Animal Control Officer Police Guild Administrative Sergeant Corporal Detective Corporal Police Officer 1st Class Police Officer 2nd Class Professional Standards Sergeant Sergeant Teamsters Building Maintenance Operator Cemetery Sexton City Electrician Custodian WWTP Instrument Technician/Plant Electrician WWTP Laboratory Technician Stormwater Maintenance Lead Worker Water Maintenance Lead Worker Maintenance Custodian Senior Parks Maintenance Worker-Horticulturist Parks Maintenance Lead Worker Parks Maintenance Mechanic Senior Parks Maintenance Worker WWTP Pre-Treatment Technician Mechanic Sewer Maintenance Lead Worker Sewer Maintenance Worker Senior Sewer Maintenance Worker Storm Maintenance Worker Senior Storm GIS Technician/Maintenance Worker Senior Storm Maintenance Worker Street Maintenance Lead Worker 37,968 46,116 58,820 71,620 53,393 64,937 50,837 61,862 50,837 61,862 58,820 71,620 43,890 53,393 50,837 61,862 Minimum Maximum $48,385 $59,988 Salary Range Table 43,219 53,687 45,606 56,537 48,385 59,988 40,527 50,270 50,892 63,158 57,444 59,508 Minimum Maximum $86,004 $88,200 80,388 82,464 80,388 82,464 64,716 76,704 86,004 88,200 58,820 71,620 61,864 75,192 56,066 68,204 61,864 75,192 Minimum Maximum $53,393 $64,937 46,124 56,066 56,066 61,864 75,192 39,850 48,440 53,393 64,937 50,837 61,862 61,864 75,189 86,004 88,200 68,204 61,864 75,189 61,864 75,393 Packet Page 367 of 383 Attachment A Teamsters (Continued) Senior Street Maintenance Worker Traffic Control Technician Mechanic Senior Water Maintenance Worker Senior Mechanic 53,393 64,937 Water Meter Reader Water Quality Control Technician WWTP Lead Maintenance Mechanic WWTP Lead Operator WWTP Maintenance Mechanic Senior WWTP Mechanic WWTP Operator SEIU Accountant Accounting Specialist Administrative Assistant Business License Clerk Code Enforcement Officer Community Services Program Coordinator 59,124 Court Clerk Deputy City Clerk Engineering Technician II Engineering Technician III Executive Assistant Confidential GIS Analyst Information Systems Specialist Part Time IT Assistant 49,608 PC Support Technician 55,740 Permit Coordinator Plans Examiner Probation Officer Recreation Coordinator Recreation Leader Recreation Leader - Gymnastics Recreation Leader - Interpretive Recreation Specialist Senior Permit Coordinator Stormwater Technician Contract Positions Senior Executive Asst To City Council 20,800 31,200 39,000 63,144 78,276 44,376 55,020 73,260 61,862 55,740 50,837 61,864 75,189 61,864 75,189 41,810 50,837 56,066 68,204 53,393 64,937 50,837 61,862 Minimum Maximum 56,066 68,204 56,066 68,204 53,539 64,937 49,608 61,524 52,716 65,412 61,524 63,144 Minimum Maximum $66,948 $83,040 69,108 41,676 51,672 49,608 61,524 59,124 73,260 49,608 61,524 Salary Range Table Minimum Maximum 28,219 28,219 59,124 73,260 14,560 20,800 33,096 41,004 78,276 41,676 51,672 55,740 69,120 63,144 14,560 49,608 61,524 78,276 53,393 64,937 66,948 83,040 52,716 65,412 69,120 Packet Page 368 of 383 SUMMARY OF ORDINANCE NO. of the City of Edmonds, Washington On April 15, 2104, the City Council of the City of Edmonds, Washington, adopted Ordinance No. the main point of which may be summarized by its title as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE 2014 SALARY SCHEDULES FOR ALL CITY PERSONNEL. The full text of this ordinance will be mailed upon request. DATED this 15TH day of April, 2014. _____________________________________ SCOTT PASSEY, CITY CLERK Packet Page 369 of 383    AM-6702     3. B.              City Council Committee Meetings Meeting Date:04/08/2014 Time:10 Minutes   Submitted By:Carrie Hite Department:Parks and Recreation Committee: Public Safety, Personnel Type: Action Information Subject Title Acting Development Services Director assignment. Recommendation The Mayor is requesting Council to approve an additional period of the appointment of acting Director for Development Services for Rob Chave to include Jan 1, 2014-March 31, 2014, and the corresponding out of class pay.  Previous Council Action The Mayor & Council originally approved the Acting Development Services Director and corresponding out of class pay assignment in March of 2012.    The Council approved this again in April 2013, effective Jan. 1, 2013-December 31, 2013.   Narrative The City has gone through a thorough recruitment and evaluation process to hire a Development Services Director.  This process took some time, and required Mr. Chave to continue in this role after December 31, 2013.  The action being requested in this agenda memo is to retroactively approve the acting pay for Mr. Rob Chave from January 1, 2014-March 31, 2014.   Form Review Inbox Reviewed By Date City Clerk Scott Passey 03/27/2014 09:39 AM Mayor Dave Earling 03/28/2014 11:01 AM Finalize for Agenda Scott Passey 03/28/2014 11:02 AM Form Started By: Carrie Hite Started On: 03/18/2014 01:19 PM Final Approval Date: 03/28/2014  Packet Page 370 of 383    AM-6741     3. C.              City Council Committee Meetings Meeting Date:04/08/2014 Time:15 Minutes   Submitted By:Carrie Hite Department:Human Resources Committee: Public Safety, Personnel Type: Action Information Subject Title Citizen Commission code amendments Recommendation Forward to full Council for approval. Previous Council Action None Narrative The code for the Citizen's Commission is not consistent with Washington State Law, RCW 35.21.015.   There is also language in the current code that is not clearly articulated.  The code changes being proposed seek to make consistent the Edmonds code with Washington State Law and clearly articulate other stipulations.   Here is a summary of the proposed changes in the code ( attached): 1. Defines compensation to include all remuneration. 2. Changes appointment process to be consistent with RCW 35.21.015; the Mayor makes all appointments to the Commission, and subject to Council confirmation. Allows currently appointed commissioners to remain on the commission. 3. Allows the Commission to vote by simple majority during deliberations, and super majority for the final recommendation.  4. Changes the due date to the first Monday in August instead of May.  This allows the Commission a longer time to complete their work and still is within the budget timeframe. This will be important particularly this year, as we have had difficulty seating a full commission. 5. Added a new section, 10.80.100 to allow Council and/or Mayor to waive any compensation being recommended by the Commission.    Attachments Citizen Commission code amendments Form Review Inbox Reviewed By Date City Clerk Scott Passey 04/02/2014 03:03 PM Mayor Dave Earling 04/02/2014 03:30 PM Finalize for Agenda Scott Passey 04/03/2014 09:56 AM Form Started By: Carrie Hite Started On: 04/02/2014 01:12 PM Final Approval Date: 04/03/2014  Packet Page 371 of 383 ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING EDMONDS CITY CODE 10.80 REGARDING THE CITIZENS’ COMMISSION ON COMPENSATION OF ELECTED OFFICIALS TO COMPLY WITH RCW 35.21.015, SALARY COMMISSIONS, AND TO ALLOW CITY COUNCILMEMBERS AND THE MAYOR TO WAIVE THEIR SALARY DURING THEIR TERM OF OFFICE. WHEREAS, as a means of preventing the use of public office for self-enrichment, the Washington State Constitution, Article 11, Section 8, initially prohibited any changes in the pay applicable to an office having a fixed term, either after the election of that official or during his or her term; and WHEREAS, by Article 30 (Amendment 54), adopted in 1967, and an amendment to Article 11, Section 8 (Amendment 57) in 1972, the rule was modified to permit pay increases for officials who do not fix their own compensation; and WHEREAS, the State Legislature adopted RCW 35.21.015 to provide the ability for city elected officials to receive mid-term compensation increases, provided that a local salary commission was established and that the commission set compensation at a higher level; and WHEREAS, RCW 35.21.015 authorizes the creation of a salary commission of city residents that may increase the salary of elected officials effective mid-term, and decrease the salary of elected officials effective upon subsequent terms of office, by filing a change in salary to the city clerk without further action of the city council; and WHEREAS, the City of Edmonds has established a Citizens’ Commission on Compensation of Elected Officials (Citizens’ Commission), ECC 10.80; and WHEREAS, the Citizens’ Commission requires that such changes in salary shall only become effective upon adoption by the city council under ECC 10.80.060, which contravenes the language and intent of the state statute; and WHEREAS, RCW 35.21.015(3) precludes the city council from having any ability to act upon the changes to the compensation schedule established by the Citizens’ Commission; and Packet Page 372 of 383 WHEREAS, changes the compensation schedule established by the Citizens’ Commission are not recommendations to be voted on by the city council, but rather changes that shall become law upon filing with the city clerk, without any input or action by the city council; and WHEREAS, Article XI, Section 8 of the Washington Constitution prohibits a city council or a citizen salary commission from diminishing the salary of the mayor or a councilmember after his or her election or during his or her term of office; and WHEREAS, RCW 35.21.015(2) articulates the method of appointment of members of the Citizens’ Commission; and WHEREAS, ECC 10.80.040 was out of date and out of alignment with RCW 35.21.015(2); and WHEREAS, a city councilmember or mayor may voluntarily waive his or her salary during his or her term of office without running afoul of the Washington Constitution; and WHEREAS, the Edmonds City Code does not make clear that city councilmembers and the mayor may voluntarily waive any or all of his or her salary during his or her term of office; THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Section 10.80.010 of the ECC, entitled “Purpose,” is hereby amended to read as follows (new text is shown in underline; deleted text is shown in strike-through): 10.80.010 Purpose. It is the policy of the city of Edmonds to base the compensation of the city’s elected officials on realistic standards so that elected officials of the city may be compensated according to the duties of their offices, and so that citizens of the highest quality may be attracted in public service. To effectuate this policy, the Edmonds’ citizens commission on the compensation of elected officials (“compensation commission”) is hereby created consisting of seven members with duties and responsibilities as set forth below. Packet Page 373 of 383 Section 2. Section 10.80.020 of the ECC, entitled “Duties,” is hereby amended to read as follows (new text is shown in underline; deleted text is shown in strike-through): 10.80.020 Duties. The compensation commission shall study the relationship of compensation for each respective position. Except as provided otherwise below, the compensation commission shall be solely responsible for its own organization, operation, and action and shall enjoy the fullest cooperation of all elected officials, departments and agencies of the city of Edmonds. For the purposes of this chapter, the term “compensation” shall include salary, wages, health insurance, allowances, benefits, and other forms of remuneration commonly received in return for services. Section 3. Section 10.80.030 of the ECC, entitled “Eligibility,” is hereby amended to read as follows (new text is shown in underline; deleted text is shown in strike-through): The compensation commission shall consist of seven members, all of whom must be at least 21 years of age, registered to vote, and maintain personal residence within the boundaries of the city of Edmonds. No city of Edmonds officer, official or public employee, nor any immediate family member of the such officer, official or employee, shall be eligible for membership on the compensation commission. As used in this section, the phrase “immediate family” means parents, spouse, siblings, children, or dependent relative of the official or employee, whether or not they are living in the same household. Section 4. Section 10.80.040 of the ECC, entitled “Appointment,” is hereby amended to read as follows (new text is shown in underline; deleted text is shown in strike-through): 10.80.040 Appointment. All Two members of the compensation commission shall be appointed by the mayor subject to city council confirmation. and one member shall be appointed by the mayor; the appointed three members shall select the other four members. The members of the compensation commission shall serve four-year terms. originally commencing on October 1, 1999, except that the first seven members shall be appointed for different terms as follows: (A) one member Packet Page 374 of 383 appointed by the city council for a period of four years; (B) one member appointed by the city council for a period of two years; (C) two of the members selected by those three members to serve for periods of four years; and (D) two of the members elected by those three members to serve for periods of two years. No person may serve more than two consecutive terms. Members of the compensation commission may be removed by the mayor, with the approval of the council, only for cause of incapacity, incompetence, neglect of duty, malfeasance in office, or for a disqualifying change of eligibility. The unexcused absence of any member of the commission from two consecutive meetings of the commission shall constitute relinquishment of that person’s membership on the commission. Such relinquishment creates a vacancy in that person’s position on the commission. Upon a vacancy in any position on the commission, a successor shall be selected and appointed to fill the unexpired term. The selection and appointment shall be concluded within 30 days of the date that position becomes vacant and shall be conducted in the same manner as originally provided for that person’s appointment. Notwithstanding the appointment provisions herein, commissioners that were appointed under a previous process shall be allowed to complete their terms. Section 5. Section 10.80.050 of the ECC, entitled “Operation,” is hereby amended to read as follows (new text is shown in underline; deleted text is shown in strike-through): 10.80.050 Operation. The members of the compensation commission shall elect a chair from among their number. Except as provided below, the election of the chair and other decisions of the compensation commission shall require an affirmative vote of a simple majority of the commission. The commission shall prepare and approve a recommended schedule of compensation schedule by an affirmative vote of not less than a simple majority five members of the commission plus one member. Members of the commission shall receive no compensation for their services. If the commission is not able to approve the compensation schedule by an affirmative vote of a simple majority of the commission plus one member, then the previous schedule, or the substantial equivalent thereof, shall be deemed to remain in effect. Packet Page 375 of 383 Section 6. Section 10.80.060 of the ECC, entitled “Compensation schedule recommendation,” is hereby amended to read as follows (new text is shown in underline; deleted text is shown in strike-through): 10.80.060 Compensation schedule recommendation. The Once approved, the commission shall file its schedules of recommended compensation schedule for elected officials of the city with the city clerk no later than the first Monday in May August of each even-numbered year. The signature of the chair of the commission shall be affixed to each schedule submitted to the city clerk. The chair shall certify that the schedule has been adopted in accordance with the provisions of this chapter and with the rules, if any, of the commission. The clerk shall publish a notice on the city’s website that the compensation schedule has been filed. Such schedules shall become effective only upon adoption by the city council and in accordance with state law. incorporated into the city or town budget without further action of the city council or salary commission except that when the city council adopts the budget, it must do so without amending such schedules. Section #7 A new section 10.80.065, entitled “Effective date of salary increases and decreases,” is hereby added to the Edmonds City Code to read as follows: 10.80.065 Effective date of salary increases and decreases. All salary increases established by the commission shall be effective on January 1 of the year after the schedule was approved; provided, however, that any compensation decreases approved by the compensation commission shall only become effective upon commencement of the subsequent term of the applicable office. Section 8. Section 10.80.070 of the ECC, entitled “Open meetings,” is hereby amended to read as follows (new text is shown in underline; deleted text is shown in strike-through): 10.80.070 Open meetings. All meetings, actions, hearings, and business of the commission shall be subject to the Open Public Meetings Act as set forth in Chapter 42.30 RCW. Prior to the filing of any Packet Page 376 of 383 compensation schedule, the commission shall hold no fewer than two public hearings thereon within the two four months immediately preceding the filing of its recommendation compensation schedule. Section 9. Section 10.80.080 of the ECC, entitled “Referendum,” is hereby amended to read as follows (new text is shown in underline; deleted text is shown in strike-through): 10.80.080 Referendum. Any ordinance enacting change in compensation shall be subject to referendum petition by the citizens in accordance with city ordinance. Any ordinance which enacts a commission recommendation compensation schedule shall be subject to Article XXX, Section 1 of the Washington State Constitution regarding increases in elected officials’ compensation during their term of office. Section 10. Section 10.80.090 of the ECC, entitled “Reimbursement unaffected,” is hereby amended to read as follows (new text is shown in underline; deleted text is shown in strike-through): 10.80.090 Reimbursement unaffected. The mayor and councilmembers shall receive reimbursement for their action actual and necessary expenses incurred in the performance of the duties of their office, or the council by ordinance may provide for a per diem allowance. Procedure for approval of claims for expenses shall be as provided by ordinance, consistent with state law. Section 11. A new section 10.80.100, entitled “Waiver of compensation by city councilmembers and mayor,” is hereby added to the Edmonds City Code to read as follows: 10.80.100 Waiver of compensation by city councilmembers and mayor. Packet Page 377 of 383 A. City councilmembers and the Mayor may voluntarily waive and elect not to be paid all or any portion of the salary during his or her term of office. Notice of waiver must be: 1. In writing and delivered to the city treasurer prior to the effective date; and 2. Signed by the individual and his or her spouse, if married, as required by RCW 49.48.100. Signature(s) shall be before a notary public. B. Salary waived under the notice of waiver is irrevocably donated to the City of Edmonds. Officials may not seek back pay to recover salary waived under the notice of waiver. C. It shall be presumed that salaries or portions of salaries that are declined or waived pursuant to this section shall be unrestricted in its use by the city; provided, that this presumption may be rebutted by the councilmember or the mayor directing in writing that his or her waived salary be utilized for a specific city purpose. D. The waiver shall be effective for all salary earned following the effective date and continue in effect until withdrawn by a writing signed by the individual or the individual’s spouse delivered to the city treasurer. Section 12. Severability. If any section, subsection, clause, sentence, or phrase of this ordinance should be held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. Section 13. 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 Packet Page 378 of 383 ATTEST/AUTHENTICATED: 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 379 of 383 9 SUMMARY OF ORDINANCE NO. __________ of the City of Edmonds, Washington On the ____ day of ___________, 2014, 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 EDMONDS CITY CODE 10.80 REGARDING THE CITIZENS’ COMMISSION ON COMPENSATION OF ELECTED OFFICIALS TO COMPLY WITH RCW 35.21.015, SALARY COMMISSIONS, AND TO ALLOW CITY COUNCILMEMBERS AND THE MAYOR TO WAIVE THEIR SALARY DURING THEIR TERM OF OFFICE. The full text of this Ordinance will be mailed upon request. DATED this _____ day of ________________, 2014. CITY CLERK, SCOTT PASSEY Packet Page 380 of 383    AM-6751     3. D.              City Council Committee Meetings Meeting Date:04/08/2014 Time:5 Minutes   Submitted For:Councilmember Strom Peterson Submitted By:Jana Spellman Department:City Council Committee: Public Safety, Personnel Type: Potential Action Information Subject Title Petroleum transport by rail through Edmonds Recommendation Previous Council Action Narrative This resolution urges the adoption of State and Federal Regulations to assess the risk of petroleum transport. Attachments Resolution Regarding Transport of Petroleum by Rail Form Review Inbox Reviewed By Date City Clerk Scott Passey 04/03/2014 10:51 AM Mayor Dave Earling 04/03/2014 11:19 AM Finalize for Agenda Scott Passey 04/03/2014 11:33 AM Form Started By: Jana Spellman Started On: 04/03/2014 09:55 AM Final Approval Date: 04/03/2014  Packet Page 381 of 383 RESOLUTION NO: A RESOLUTION RELATED TO PETROLEUM TRANSPORT BY RAIL THROUGH EDMONDS AND THE STATE OF WASHINGTON; URGING ADOPTION OF STATE LEGISLATION AND FEDERAL REGULATIONS; STATE ASSESSMENT OF RISKS; RAILROAD COMPANY RESTRICTION OF PETROLEUM TRANSPORT; AND UPDATE OF CITY INCIDENT RESPONSE PLANS TO ADDRESS THE POTENTIAL SAFETY, ENVIRONMENTAL, AND ECONOMIC IMPACTS OF PETROLEUM TRANSPORT BY RAIL. WHEREAS, new technologies have resulted in the development of unprecedented amounts of both domestic and foreign oil, natural gas, tar sands, bitumen, and other petroleum products and derivatives, which will significantly increase the volume of petroleum and petroleum products moving by rail through Oregon and Washington from the first dedicated train in 2012 to a possible volume of nearly 800,000 barrels per day, if all proposed projects are built; and WHEREAS, the volume of petroleum-by-rail moving through our region is expected to triple to over one million barrels per week; and WHEREAS, the primary source of the petroleum anticipated to be transported by rail through our region is from the Bakken formation, which the U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration has determined may be more flammable than traditional heavy crude oil; and WHEREAS, the rail lines that will carry this petroleum run through and by Edmonds' neighborhoods, parks, business areas, ferry terminal, senior center and along our waterfront, marsh, and other natural areas; and WHEREAS, recent derailments, spills, and fires, such as the recent derailment and explosion in Casselton, North Dakota, illustrate the potential catastrophic impacts which could occur to our community and environment from the transport of petroleum by rail; and WHEREAS, the transport of large volumes of fossil fuels such as petroleum is not compatible with the City of Edmonds’ role as a regional and national leader in addressing climate change; and WHEREAS, the City of Edmonds is deeply concerned about the threat to life, safety and the environment of potential spills and fires from the transport of petroleum by rail; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDMONDS, AND THE MAYOR CONCURRING, THAT: Section 1: The City of Edmonds strongly urges Washington State to adopt legislation requiring disclosure of the volumes, types of petroleum, petroleum products, and petroleum derivatives; transportation routes; and the frequency and duration of transfers of petroleum, so that the state and local communities can be fully informed of and plan for the risks posed by the transport of petroleum by rail. Section 2: The City of Edmonds strongly urges the U.S. Department of Transportation (DOT) to increase federal tank car design and operation regulations for petroleum product shipments and aggressively phase out older-model tank cars used to move flammable liquids that are not retrofitted to meet new federal requirements. Packet Page 382 of 383 Section 3: The City of Edmonds strongly urges the Washington Department of Ecology and the Military Department Emergency Management Division, in collaboration with the Washington Department of Fish and Wildlife, the Coast Guard and local government emergency response entities, to assess the impact to public safety, the environment, the economy, and traffic of petroleum transport by rail through the region and the State of Washington. Section 4: The City of Edmonds requests that the Governor of Washington, the Washington Department of Ecology, the Washington State Energy Facility Site Evaluation Council, and any other relevant state agencies refrain from permitting projects that would expand the capacity for petroleum export out of the state or otherwise increase the number of trains carrying petroleum through Washington communities until the cumulative environmental and safety impacts of these projects are studied and addressed. Section 5: The City of Edmonds requests that any railroad company that operates rail lines adjacent to the Edmonds Senior Center, the Edmonds Marsh, the Edmonds/Kingston ferry terminal, and the Edmonds waterfront consider restrictions on the shipment of petroleum products along those routes until adequate study by relevant state, local, and federal government agencies have determined that the transport of petroleum by rail meets established public safety and environmental protection standards. Section 6: The City Council requests that Fire District One and the Emergency Services Coordination Agency (ESCA) to review and, if needed, update the incident response plans for the increasing risk imposed by the transport of petroleum by rail. RESOLVED this ____ day of ____, 20 ___. APPROVED: MAYOR, DAVID O. EARLING ATTEST/AUTHENTICATED: CITY CLERK, SCOTT PASSEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. Packet Page 383 of 383