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2013-05-28 City Council - Public Agenda-1496'4- o 90� AGENDA EDMONDS CITY COUNCIL Council Chambers — Public Safety Complex 250 5th Avenue North, Edmonds MAY 28, 2013 Work Session 5:45 P.M. - CALL TO ORDER 1. (5 Minutes) Roll Call 2. (60 Minutes) Interview candidates for appointment to the Edmonds Citizens' Tree Board. AM-5761 3. (15 Minutes) Convene in executive session regarding pending litigation per RCW 42.30.110(1)(i). RECONVENE IN OPEN SESSION / FLAG SALUTE 4. (5 Minutes) Approval of Agenda 5. (5 Minutes) Approval of Consent Agenda Items A. AM-5790 Approval of City Council Meeting Minutes of May 21, 2013. B. AM-5788 Approval of claim checks #202229 through #202340 dated March 23, 2013 for $865,048.92 (replacement check #202315 $104.74). C. AM-5782 Acknowledge receipt of a Claim for Damages from Thomas J. Paulson (amount undetermined). D. AM-5781 Interlocal Agreement - North Sound Metro SWAT E. AM-5783 Annual Renewal of Snohomish Regional Drug & Gang Task Force Interlocal Agreement (2013-2014). Packet Page 1 of 178 F. AM-5786 Ordinance amending the provisions of ECC 4.12 to exempt street vendors participating in certain special events from the Street Vendor License fee and application requirements and the provisions of ECC 4.12.055.0. 6. Audience Comments (3 minute limit per person)* *Regarding matters not listed on the Agenda as Closed Record Review or as Public Hearings 7. (30 Minutes) Presentation: Willow Creek Daylight Early Feasibility Study/Edmonds Marsh. AM-5785 8. (20 Minutes) Briefing on the Recommended Alternative —Dayton Street & SR104 Drainage Study AM-5789 9. (30 Minutes) Emergency Services Coordinating Agency (ESCA) AM-5794 10. (30 Minutes) Discussion: City Code Review/Rewrite AM-5793 11. (15 Minutes) Direction to Planning Board and Economic Development Commission regarding AM-5795 Council priorities on Westgate and Five Corners. 12. (5 Minutes) Potential action as a result of meeting in executive session. 13. (15 Minutes) Report on outside Board and Committee meetings. 14. (5 Minutes) Mayor's Comments 15. (15 Minutes) Council Comments ADJOURN Packet Page 2 of 178 AM-5761 City Council Meeting Meeting Date: 05/28/2013 Time: 60 Minutes Submitted For: Council President Petso Department: City Council Review Committee: Type: TnfnYm.]+inn Submitted By: Committee Action: Subject Title Interview candidates for appointment to the Edmonds Citizens' Tree Board. Recommendation Previous Council Action 2. Jana Spellman Narrative The Edmonds City Council is interviewing four candidates to fill the two vacancies on the Edmonds Citizens' Tree Board. The following candidates will be interviewed: Darcy J. Macpherson 5:45 p.m. Roy Smith 6:00 p.m. Douglas Swartz 6:15 p.m. Rene Travis 6:30 p.m. Attachments Tree Board Applicants Inbox Reviewed By City Clerk Sandy Chase Mayor Dave Earling Finalize for Agenda Sandy Chase Form Started By: Jana Spellman Final Approval Date: 05/23/2013 Form Review Date 05/23/2013 11:11 AM 05/23/2013 02:44 PM 05/23/2013 02:50 PM Started On:05/15/2013 10:08 AM Packet Page 3 of 178 May 28, 2013 Council Interviews for Edmonds Citizens' Tree Board Applicants Applicant Time Darcy J. Macpherson 5:45 p.m. Roy Smith 6:00 p.m. Douglas Swartz 6:15 p.m. Rene Travis 6:30 p.m. Packet Page 4 of 178 APR 1.5 2013 Edmorufs Citizen Board and Commission Application PLEASE PRINT OR TYPE Tree Board Application PLEASE NOTE: THE TREE BOARD MEETS ON THE 15T THURSDAY OF THE MONTH at 6:00 p.m. at City Hall. Please see City Code regarding Citizen's Tree Board following this page. Name: Darcy J MacPherson Date: 4/13/2013 Contact Phone: Day:_ s Length of residency in Edmonds: Must reside within the City limits. Occupational status and background: I am retired from Boeing as an IT expert. My other life is horticultural. I have a small business where I consult and coach on gardening issues, help plan plant buying, placement and educate. Educated in Range Management, Arborist, general horticultural practices and small farming Organizational affiliations: I have been a past member of The Native Plant Society, The Northwest Horticultural Society and a Master Gardener. Why are you seeking this appointment? I am a collector of small dwarf conifers and Japanese Maples - these are just two families of trees that are under utilize. Using trees and companion planting provide incredible economic and environmental value it is a€ways my vision to educate and encourage the use of plantings as much as possible. I am a huge fan of natives and promoting layering in design or renovating spaces. What skills and knowledge do you have to meet the selection criteria? Life-long gardener, constant educator as well as being educated through classes (ie Edmonds Community College, Horticultural blogs,WSU) ; owner of horticultural business Additional Comments: I've worked with a diverse group of individuals, companies and all levels of management including boards - I have lots of experience listening, discussing and making decisions. I have a broad depth of knowledge required to understanding planting requirements and vendor delivery. You may return your completed form as follows E-mail to: jana.spellman@edmondswa.gov Fax: 425.771.0254 U.S. Mail: Edmonds City Council Office 121 5th Avenue North Edmonds, WA 98020 Drop off at 1" floor receptionist at City Hall (121 5th Avenue North) Of Importance to Note As an applicant for appointment to a public office, board or commission, the information provided on this application, along with any additional information submitted, is considered a public record that may be subject to disclosure in accordance with Washington State public disclosure laws and may be posted on the City's web site. APPLICATIONS WILL BE ACCEPTED UNTIL POSITIONS ARE FILLED. Packet Page 5 of 178 April 13, 2013 Salutations, I am enthusiastically applying for the position Tree Board Member. I have been a lifelong gardener and steward starting with growing up a farm where we practiced organic planting methods and integrated pest management. My bachelor's work was in Fisheries & Wildlife as well as Range Management. I have recently taken WSU's small farming class and have been a member of the Snohomish Master Garden Program. My past memberships have been in the Native Plant Society and Northwest Horticultural Society. I have a small horticultural business where I provide consultation on native plants, container gardening, invasive species and organic pest management practices. I am familiar with propagation of roses and perennials. Researching has been a key skill set both in my academic degrees and my professional work. I continue to use my research skills on a daily basis. My former life was as a senior IT analyst within The Boeing Company's Enterprise Architecture Group, am highly proficient in Microsoft suite. One example is using SharePoint to build the technical framework for the knowledge management domain. This included an online virtual university environment at a global level where the objectives were everyone shared knowledge, everyone was a teacher or everyone was a mentor. l believe that building relationships is a critical skill in the future of any activity and one that is part of any program. In my career I have a successful track record creating collaborative environments between IT and its customers leading to strong requirement definitions and solutions. A particular example was in implementing web applications such as wikis and blogs. Both in my IT career and my current employment I work with diverse groups and cultures adjusting recommendations and requirements. As a Senior Information Architect, I prepared and presented briefings, training classes and request for proposals to customers, funding agencies (vendors) and senior management. I look forward to further discussions with you on this position and understanding how we can work together. Regards Darcy J MacPherson Packet Page 6 of 178 DARCY J. MacPHERSON Summary of Qualifications ♦ Strong interpersonal communication and organizational skills ♦ Experience in providing knowledge of plant varieties in full scale nurseries; perennials, herbs, annuals, conifers, and shrubs ♦ Provide educational experiences through written articles, plant descriptions and working with volunteers, interns and students ♦ Engaging ability to interactive with customers and make the plant experience fun and educational ♦ Successful track record creating collaboration between service groups and their customers by enthusiastically engaging learning and sharing experiences ♦ Lifelong interest and a student of the horticultural industry through self -teaching, WSU Extension Service Master Gardner and Small Farming Class, and classes through the horticultural programs at South Seattle and Edmonds Community Colleges ♦ Member of the Northwest Horticulturai Society and Native Plant Society Bringing diverse groups together ♦ Educate customer on plant lore and placement of containers and/or plants for specific purposes ♦ Successful track record creating collaborative environments between IT and its customers leading to strong requirement definitions and solution ♦ Led enterprise teams in building, identifying and implementing web technologies solutions through focal groups consisting of customers and IT; groups helped to disseminate impact of changes to division and work flow system resulting in minimal downtime and learning curves ♦ Developed a high performance collaborative environment between IT and its customers which led to a reduction of overall requirements definition and solution development( e.g. Factory Floor, Facilities Engineers, Human Resources ♦ Lead for Knowledge Management influencing the direction and education value of knowledge management within Boeing to support promotion of knowledge capture and sharing amongst employees Assessment • Consult with other practitioners on the use of flower remedies for clients ♦ Assist patrons with selection of plants, garden art and containers ♦ Assist patrons with design of placement of plants in their landscape, plant selection for containers and special events including seasonal interest ♦ Provide customer service to patrons regarding type of plants and/or containers best suit their situation ♦ Consult on pest and soil questions Analytical • Design, purchase and maintain container gardens as it fits in with environmental and customer requirements ♦ Prepared display areas based on seasonal, trends and environment aspects including signage ♦ Assist in seasonal projects: potting and growing bare root plants and seasonal displays ♦ Write and research plant descriptions to educate customer for its use and placement in the urban landscape ♦ Assist in propagation of nursery stock EDUCATION & TRAINING Certification: Herbal Retail Management —ACHS Certification: Project Management _ George Washington University Coursework: Arborist — Edmonds Community College M.S. Information Management, University of Washington M.S. Systems & Organizational Development, Chapman University B.S. Liberal Arts, Oregon State University EXPERIENCE A2Z Technology Edmonds Community College Silver Thread Gardens Horticultural Consultant The Boeing Company PC Technician Edmonds 2013 Volunteer, Literacy Edmonds 2013 Owner Seattle 2010 - present P€ants-woman Woodinville 2010 - present System Analyst Seattle 1996 — 2010 Packet Page 7 of 178 APR 3 0 2013 EdmoncCs Citizen Board and Commission Application PLEASE PRINT OR TYPE Tree Board Application PLEASE NOTE: THE TREE BOARD MEETS ON THE 1ST THURSDAY OF THE MONTH at 6:00 p.m. at City Hall. Please see City Code regarding Citizen's Tree Board following this page. Name: Roy Smith Address: Date: April 30th, 2013 Length of residency in Edmonds: 4 years (Must reside within the City limits. Occupational status and background: Real estate agent working out of downtown Edmonds. I have prior professional experience working as an environmental engineer, and have worked on projects related to site remediation and cleanup. I am also a native of western Washington. Organizational affiliations: Energy Transitions Northwest, Friends of the Edmonds Library, Queen Anne Christian Church, Community Emergency Response Team, U.S. Naval Academy Alumni Association Puget Sound Chapter. Why are you seeking this appointment? I have a strong interest in protecting urban environmental quality, and in finding creative ways to protect and balance ecological values. I am particularly interested in helping to develop a tree ordinance and programs that will teach citizens how to become better stewards of their local ecology and appropriately protect the urban forest. What skills and knowledge do you have to meet the selection criteria? High level of interest in and familiarity with forestry issues, practical experience maintaining a large yard with an eye to allowing natural processes to flourish. Additional Comments: My father was a forestry professional, and helped inculcate in me a deep appreciation of the value of forests and natural landscapes of all types, as well as a practical knowledge of what helps forests to thrive and prosper. You may return your completed form as follows: E-mail to: jana.spellman@edmondswa.gov Fax: 425.771.0254 U.S. Mail: Edmonds City Council Office 121 5'h Avenue North Edmonds, WA 98020 Drop off at 1"floor receptionist at City Hall (121 5ch Avenue North) Of Importance to Note As an applicant for appointment to a public office, board or commission, the information provided on this application, along with any additional information submitted, is considered a public record that may be subject to disclosure in accordance with Washington State public disclosure laws and may be posted on the City's web site. APPLICATIONS WILL BE ACCEPTED UNTIL POSITIONS ARE FILLED. Packet Page 8 of 178 of Edmonds APR i.. E" Citizen Board and Commission Application PLEASE PRINT OR TYPE Tree Board Application PLEASE NOTE: THE TREE BOARD MEETS ON THE 1ST THURSDAY OF THE MONTH at 6:00 p.m. at City Hall. Please see City Code regarding Citizen's Tree Board following this page. Name: Douglas G. Swartz Date: 4/15113 Length of residency in Edmonds: 7 months (Must reside within the City limits. Occupational status and background: Semi -Retired. Most recent position was COO/CFO of a medical device company in Seattle. Heavy technical background as an engineer and engineering manager. Able to understand complex engineering and financial issues. Organizational affiliations: Why are you seeking this appointment? My wife and I love Edmonds and I wish to become involved to help protect its trees which are a fundamental part of its character. I have a lot of experience drafting contracts which would be valuable in crafting a viable tree ordinance to protect and enhance trees in Edmonds. What skills and knowledge do you have to meet the selection criteria? Former owner and manager of 105 acres of forest land in Boulder co Managed the property during an infestation of the Mountain Pine Beetle + two major forest fires. Additional Comments: I will committ to taking additional courses to educate myself about the issues surrounding trees in the Pacific Northwest. I have a strong business analytic background --it is sometimes important to understand the motivation behind tree cutting permits as well as understanding the trees themselves. You may return your completed form as follows: E-mail to: jana.spellman@edmondswa.gov Fax: 425.771.0254 U.S. Mail: Edmonds City Council Office 121 5th Avenue North Edmonds, WA 98020 Drop off at 1 al floor receptionist at City Hall (121 51" Avenue North) Of Importance to Note As an applicant for appointment to a public office, board or commission, the information provided on this application, along with any additional information submitted, is considered a public record that may be subject to disclosure in accordance with Washington state public disclosure laws and may be posted on the City's web site. APPLICATIONS WILL BE ACCEPTED UNTIL POSITIONS ARE FILLED. Packet Page 9 of 178 of Edmonds MAY 07 2013 Citizen Board and Commission .Application PLEASE PRINT OR TYPE Tree Board Application .ne ' ��" .,. PLEASE NOTE: THE TREE BOARD MEETS ON THE 1ST THURSDAY OF THE MONTH at 6:00 p.m. at City Hall. Please see City Code regarding Citizen's Tree Board foil wing this page. Name: n,4_� TIN-L V" 1 S Date: Length of residency in Edmonds: (Must reside within the City limits. Organizational affiliations: Why are you Seeking this appoi What skills and knowledge doyouu have to meet the selection criteria? _ /fkAA Additional You may return your completed form as follows: E-mail to: jana.speliman@edmondswa.gov Fax: 425.771.0254 U.S. Mail: Edmonds City Council Office 121 5tr, Avenue North Edmonds, WA 98020 Drop off at 15t floor receptionist at City Hall (121 5th Avenue North) Of Importance to Note As an applicant for appointment to a public office, board or commission, the information provided on this application, along with any additional information submitted, is considered a public record that may be subject to disclosure in accordance with Washington State public disclosure laws and may be posted on the City's web site. APPLICATIONS WILL BE ACCEPTED UNTIL POSITIONS ARE FILLED. Packet Page 10 of 178 AM-5790 City Council Meeting Meeting Date: 05/28/2013 Time: Consent Submitted By: Sandy Chase Department: City Clerk's Office Review Committee: Type: Action Committee Action: Information Subject Title Approval of City Council Meeting Minutes of May 21, 2013. Recommendation Review and approval. Previous Council Action N/A Narrative Attached is a copy of the draft minutes. 05-21-13 Draft City Council Minutes Inbox Mayor Finalize for Agenda Form Started By: Sandy Chase Final Approval Date: 05/23/2013 Attachments Form Review Reviewed By Date Dave Earling 05/23/2013 02:45 PM Sandy Chase 05/23/2013 02:50 PM Started On: 05/23/2013 01:45 PM 5. A. Packet Page 11 of 178 EDMONDS CITY COUNCIL DRAFT MINUTES May 21, 2013 The Edmonds City Council meeting was called to order at 6:00 p.m. by Mayor Earling in the Council Chambers, 250 5tn Avenue North, Edmonds. The meeting was opened with the flag salute. ELECTED OFFICIALS PRESENT Dave Earling, Mayor Lora Petso, Council President Strom Peterson, Councilmember Frank Yamamoto, Councilmember Joan Bloom, Councilmember Kristiana Johnson, Councilmember Adrienne Fraley-Monillas, Councilmember Diane Buckshnis, Councilmember ALSO PRESENT Walker Kasinadhuni, Student Representative 1. ROLL CALL STAFF PRESENT Stephen Clifton, Community Services/Economic Development Director Phil Williams, Public Works Director Ronald Cone, Interim Finance Director Carrie Hite, Parks & Recreation Director Rob Chave, Acting Development Services Dir. Jerry Shuster, Stormwater Eng. Program Mgr. Frances Chapin, Cultural Services Manager Rob English, City Engineer Renee McRae, Recreation Manager Jeanie McConnell, Engineering Program Mgr. I Kernen Lien, Senior Planner Jeff Taraday, City Attorney Sandy Chase, City Clerk Jana Spellman, Senior Executive Council Asst. Jeannie Dines, Recorder City Clerk Sandy Chase called the roll. All elected officials were present. 2. CONVENE IN EXECUTIVE SESSION REGARDING PENDING AND POTENTIAL LITIGATION PER RCW 42.30.110(1)(i) At 6:01 p.m., Mayor Earling announced that the City Council would meet in executive session regarding pending and potential litigation per RCW 42.30.110(1)(i). He stated that the executive session was scheduled to last approximately 60 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 Yamamoto, Johnson, Fraley-Monillas, Buckshnis, Peterson, Petso and Bloom. Others present were City Attorney Jeff Taraday, Public Works Director Phil Williams, Reporting Human Resources Director Carrie Hite and City Clerk Sandy Chase. The executive session concluded at 7:02 p.m. Mayor Earling reconvened the regular City Council meeting at 7:03 p.m. 3. APPROVAL OF AGENDA Council President Petso relayed the following changes to the agenda: • Move Agenda Item 15, Park Levy Exploration Committee Recommendation, to 9b • Reschedule Agenda Item 10, Alternative Chart Format for Monthly Report, on a future agenda Edmonds City Council Draft Minutes May 21, 2013 Page 1 Packet Page 12 of 178 • Reschedule Agenda Item 12, Direction to Planning Board and Economic Development Commission Regarding Council Priorities on Westgate and Five Corners, on a future agenda COUNCIL PRESIDENT PETSO MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO APPROVE THE AGENDA IN CONTENT AND ORDER AS AMENDED. MOTION CARRIED UNANIMOUSLY. 4. APPROVAL OF CONSENT AGENDA ITEMS Councilmember Bloom requested Item N be removed from the Consent Agenda. COUNCILMEMBER PETERSON MOVED, SECONDED BY COUNCIL PRESIDENT PETSO, TO APPROVE THE BALANCE OF THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: A. APPROVAL OF CITY COUNCIL MEETING MINUTES OF MAY 7, 2013. B. APPROVAL OF CITY COUNCIL MEETING MINUTES OF MAY 14, 2013. C. APPROVAL OF CORRECTION TO THE APRIL 16, 2013 CITY COUNCIL MEETING MINUTES. D. APPROVAL OF CLAIM CHECKS #201948 THROUGH #202075 DATED MAY 9, 2013 FOR $164,517.44 AND CLAIM CHECKS #202076 THROUGH #202228 DATED MAY 16, 2013 FOR $530,404.60 (REISSUED CHECKS #202127 $215.00 AND #202128 $70.39). APPROVAL OF PAYROLL DIRECT DEPOSIT & CHECKS #60190 THROUGH #60205 FOR $438,176.54, BENEFIT CHECKS #60206 THROUGH #60213 AND WIRE PAYMENTS OF $188,318.09 FOR THE PERIOD MAY 1, 2013 THROUGH MAY 15, 2013. E. ACKNOWLEDGE RECEIPT OF TWO CLAIMS FOR DAMAGES, ONE FROM BILL STAPLETON ($290.73) AND THE OTHER FROM ALLSTATE INSURANCE COMPANY FOR $15,438.00. F. APPROVAL OF LIST OF EDMONDS' BUSINESSES APPLYING FOR RENEWAL OF THEIR LIQUOR LICENSE WITH THE WASHINGTON STATE LIQUOR CONTROL BOARD, MAY 2013. G. MARCH 2O13 QUARTERLY FINANCIAL REPORT. H. AUTHORIZE MAYOR TO SIGN CONTRACT WITH MIG FOR DEVELOPMENT OF THE PROS PLAN. I. AUTHORIZE MAYOR TO SIGN PROFESSIONAL SERVICES AGREEMENT FOR A/E SERVICES FOR CITY PARK. J. AUTHORIZATION TO AWARD CONSTRUCTION SERVICES FOR THE 224TH STREET SW SEWER UPGRADE PROJECT TO LASER UNDERGROUND AND EARTHWORKS. K. AUTHORIZATION TO APPROVE A STORM UTILITY EASEMENT FOR INSTALLATION OF INFILTRATION AND STORM PIPE THAT WILL BE PART OF IMPROVEMENTS TO BE DONE AS PART OF THE 238TH STORM DRAIN PROJECT. L. FINAL CONTRACT ACCEPTANCE, WWTP A -BASIN UPGRADE PROJECT. M. FINAL CONTRACT ACCEPTANCE, WWTP BUILDING ROOF REPLACEMENT. Edmonds City Council Draft Minutes May 21, 2013 Page 2 Packet Page 13 of 178 ITEM N: ORDINANCE AMENDING THE EDMONDS COMMUNITY DEVELOPMENT CODE REGARDING THE TIME LIMIT FOR PRELIMINARY SUBDIVISION APPROVAL. Councilmember Bloom requested this be rescheduled for discussion on a future agenda. She questioned the Council's action, to send this back to staff to return with a draft ordinance, noting that was not the original motion but rather the second motion. COUNCILMEMBER BLOOM MOVED, SECONDED BY COUNCIL PRESIDENT PETSO, TO RESCHEDULE THIS ITEM FOR DISCUSSION ON A FUTURE AGENDA. Council President Petso offered to schedule this item on the June 4 agenda. Councilmember Peterson asked what additional information Councilmember Bloom was seeking. Councilmember Bloom responded several questions raised by citizens warrant further discussion. The Council meeting when this was discussed was not on camera and although citizens may have been able to listen to the recording, they were unable to watch the discussion as usual. UPON ROLL CALL, MOTION CARRIED (5-2), COUNCIL PRESIDENT PETSO AND COUNCILMEMBERS FRALEY-MONILLAS, BUCKSHNIS, BLOOM AND JOHNSON VOTING YES; AND COUNCILMEMBERS PETERSON AND YAMAMOTO VOTING NO. 5. COMMUNITY SERVICE ANNOUNCEMENT: MEMORIAL DAY CEREMONY Dale Hoggins, Cemetery Board Member, explained Chair Fred Apgar, Commander of Edmonds VFW Post 8870, is a key member of the Planning Committee for the Memorial Day Program. On behalf of the Cemetery Board and Chair Lisa Palmatier, he invited the public to the 31" annual Memorial Day Ceremony on Monday, May 27, 2013 at 11:00 a.m. at the Edmonds Memorial Cemetery and Columbarium. The program remembers and honors the memory of those who died while serving our country and says thank you to all veterans, current, active and reserve personnel, many who have had numerous deployments. The event will also honor those who have been awarded the Purple Heart or MIA. Army Private First Class Bowe Bergdahl from Idaho has been a POW of the Taliban since 2009. July 7, 2013 will mark the 60`h anniversary of the signing of the Korean Peace Accord, ending three years of war. The Cemetery Board joins the VFW in its efforts to remember and honor Korean War Veterans and extend a special invitation to all Korean War Veterans and their families to join them on Memorial Day. The War Memorial located in front of the Edmonds Memorial Museum lists eight Snohomish County men who died or are MIAs in Korea. Two are buried in the Edmonds Cemetery and one is MIA and presumed dead. He invited anyone interested in loaning their Korean War Veteran burial flag for the ceremony to call him at 425-776-1543. Mr. Hoggins assured the ceremony is different than most; it does not have a political agenda and the emphasis is on remembering and features youth. The special guest this year is Tom Hallums, a south Snohomish County resident, who was stationed in Japan on June 25, 1950, a member of the first US Troops deployed to Korea. Mayor Earling will share his visit to the Korean War Memorial located in Washington DC and the impression the memorial made on him. 6. PROCLAMATION IN HONOR OF EDMONDS PUBLIC WORKS WEEK MAY 19, 2013 THROUGH MAY 25, 2013. Mayor Earling read a proclamation declaring the week of May 19, 2013 through May 25, 2013 as Edmonds Public Works Week. He presented the proclamation to Public Works and Utilities Director Phil Williams. Mr. Williams thanked the Council for the proclamation on behalf of all the employees in the Edmonds City Council Draft Minutes May 21, 2013 Page 3 Packet Page 14 of 178 department, noting the proclamation lists an impressive number of duties the department is proud to perform for the citizens. He invited the Council to a Public Works Employee Appreciation luncheon at 11:30 on Thursday, presented by the Public Works Department management team. 7. AUDIENCE COMMENTS Denise Bossieux, Edmonds, President, Edmonds Arts Festival (EAF) Association, commented the EAF is an example of community pride and civic participation as it is one of the only festivals in the Northwest not sponsored by the city for which it is named. All proceeds from the Arts Festival go to the Edmonds Festival Foundation, the non-profit half of the organization, for disbursement to Edmonds School District and the City in the form of scholarships, grants and community art. Over 5,000 people attend the festival, many also visiting shops, galleries and restaurants which generate revenue for the City. She referred to the rewrite of the Edmonds City Code 4.12, specifically permitting and licensing of street vendors, motorized and non -motorized mobile vending units. The EAF has juried and contracted with 28 vendors for the Father's Day Arts Festival weekend, a process that was completed by April 5, 2013, prior to the completed rewrite of ECC 4.12. Only 3 of the vendors have home bases in Edmonds, many drive 3-4 hours and several are from different states. At least 17 of the vendors will not participate in the Festival if they are forced to pay the $235 fee. She requested the Council reconsider enforcement of the April rewrite of ECC 4.12; the consequences could be catastrophic to the Festival and ultimately the art students and programs of the Edmonds School District and to the community. Mayor Earling advised a Councilmember planned to bring this issue up during Council comments (Agenda Item 19). Don Hall, Edmonds, recalled a few years ago the City became a leader in the endeavor to clean up streams, lakes, Puget Sound and the ocean by passing a ban on plastic bags. More cities have also done so, including Shoreline. There was discussion in the past about banning Styrofoam containers; Shoreline indicated they plan to consider banning Styrofoam containers because it is an even bigger environmental issue. He urged Council to consider banning Styrofoam containers, noting Portland banned Styrofoam containers and over 40 cities in California, mainly coastal cities, have banned Styrofoam containers. He thanked the businesses and restaurants in Edmonds that have already switched to environmental friendly products. He noted Seattle has banned Styrofoam containers and most major corporations with cafeterias such as Boeing and Microsoft have banned Styrofoam containers. Edmonds could join the cities who have banned Styrofoam containers and return as a leader in environmental issues. Finis Tupper, Edmonds, commented he is awaiting a response from Mayor Earling to his question and planned to attend Council meetings until he heard an answer. His question was whether state law allowed city planning staff approval of a variance to the lot requirements as specified in ECDC 16, sub districts, without public notice and without a hearing. He indicated he had been contacted by Code Enforcement Officer Mike Thies. He expressed concern that the City seemed to be using a different dictionary than the rest of the world; the dictionary definition of motel says a hotel that caters mostly to a drive -up business. Roger Hertrich, Edmonds, commented he had not had a response to his challenge a couple meetings ago to the legality of the hearing on step -backs in the BC/BD zone. Four Councilmembers voted to raise building heights, yet the public hearing notice did not mention building heights. The result will now be 30-foot box buildings with flat roofs with no requirement for an architectural feature. Next, he referred to the park levy, noting the exploratory committee had narrowed the levy to parks, but a close reading indicates there are funds for roads and funds are shuffled into the General Fund. Mr. Hertrich referred to the 2013 March Financial Report and REET projections, relaying the Finance Director's indication that those were five year projections. He relayed the Park & Recreation Director's indication that there was unlikely to be $1.3 million in REET in 2013 and reality was closer to $800,000. Edmonds City Council Draft Minutes May 21, 2013 Page 4 Packet Page 15 of 178 8. EDMONDS ARTS COMMISSION 2012 ANNUAL REPORT AND 2013 SCHOLARSHIP AWARDS Lois Rathvon, Chair, Edmonds Arts Commission, explained the Edmonds Arts Commission (EAC) is a group of seven members who work with the Cultural Services Division on various projects. The commission has existed since 1975 with the ongoing mission to promote the arts as a part of the central identity of Edmonds and as an integral part of the quality of life and economy of the city. The EAC contributes to cultural tourism in a number of ways. For the past 27 years the EAC has presented the Write on the Sound Writers Conference. The 21/2 day event in October brings in local residents as well as attendees from all over the country. In 2012 the event sold out with 275 participants, which generated 74 hotel night stays. The City received a grant from the new Snohomish County Tourism Promotion Area which helped fund development of a new website for the conference. The EAC facilitates Tourism Promotion awards. In 2012, $9,500 from the lodging tax fund was awarded to Olympic Ballet Theatre, Cascade Symphony, Driftwood Players, Edmonds Arts Festival/ Studio Tour, Friends of Frank DeMeiro Jazz Fest, and Sno-King Community Chorale. Visual, performing and literary arts enhance the community's quality of life. An average of 400 people per week enjoy the free summer Concerts in the Park, drawing out-of-towners as well as local residents. The EAC handles rotating exhibits of Visual Arts in the Edmonds library and the Frances Anderson Center. The EAC was involved in implementing the Public Art elements at the Hazel Miller Plaza. Work continued on the SR99 enhancements with the new artist made lanterns installed at the end of the year, this project will be completed next month. As mandated by Council, the EAC oversees acquisition and upkeep of publically owned artwork. The City's art collection includes over 150 original pieces with 30 permanently sited —including the terrazzo floor in the lobby of the Public Safety Complex and sculptures outside. More art enhanced flower basket poles were added in 2012 and 8 more were added recently. The assistance of the Parks Maintenance and Public Works Crew to this project is invaluable. The flower basket poles are partially funded by donations and intended as an opportunity for commemoration. Of the 22 poles, 7 have been commemorated to date. In arts education, last year the EAC co -sponsored five literary workshop sessions at College Place Middle School. The EAC hosted a Best -Book Poster Contest for third grade students. The EAC supports arts education through scholarships to local students. The EAC works with a limited budget; however the community offers strong support for the arts through volunteers, grants, and community partnerships. Looking forward, the EAC is excited to present an Edmonds Arts Summit on June 29th at the Edmonds Center for the Arts. This gathering of the arts and culture community, initiated by the Mayor, is supported by a broad array of sponsors. She encouraged everyone to register and attend this free event; further information is available on the Edmonds Arts Commission website. Ms. Rathvon thanked the City Council and the Edmonds community for their continued support for arts and culture as an important component in the economic vitality and identity of Edmonds. Cultural Services Manager Frances Chapin explained the scholarship program was established by the Arts Commission in 1986 with the goal of encouraging students who have a serious commitment to a career in the performing or literary arts. The program has been supported for many years by proceeds from the Write on the Sound Writers' Conference presented annually by the Arts Commission and by donations. In the 2013 budget, the General Fund allocation to the EAC for programs was suspended and the proceeds for the conference will now be used to support EAC programs such as the summer concerts, the Best Book Poster Contest for Third graders, and other free events. This is the last year that the literary and Edmonds City Council Draft Minutes May 21, 2013 Page 5 Packet Page 16 of 178 performing arts scholarships will be awarded by the Arts Commission. Tonight is a celebration of the three final recipients of Arts Commission scholarships as well as the total of 60 students who have been awarded scholarships over the past 28 years. Many of the recipients have gone on to successful careers in the arts as performers, writers and music teachers. This year the Arts Commission is awarding scholarships to three talented students who aspire to a career in the arts. Each of these three students exhibit excellence in their art forms, but in addition, it is clear from the reference letters and their own statements that each has exceptional qualities of leadership, strong personal ethics, kindness, and a commitment to helping others. She introduced the three student scholarship recipients and described their background and educational goals: • Sydney Bennett — is graduating from Edmonds Woodway High School and plans to attend the University of Washington. She has always had an interest in the arts, from dancing to cheerleading, and more recently in writing. Sydney is awarded a literary arts scholarship to pursue her goal of a career as a political columnist • Marco Voli — is graduating from Edmonds Woodway High School and will be attending Cornish College of the Arts in Seattle. He has been involved in the jazz band and has been an active part of the play production program for three years, both acting and playwriting. Marco is awarded a performing arts scholarship to pursue his goal of a career in theater. • Taylor Zickefoose - is graduating from Meadowdale High School and plans to attend Central Washington University. Studying music from an early age, Taylor is already an accomplished jazz vocalist and has received numerous honors and awards, including recognition as an outstanding high school performance as a vocal jazz soloist in Downbeat Magazine. Taylor is awarded a performing arts scholarship to pursue her goal of a career in music. 9. CONTINUED DISCUSSION ON INCORPORATING THE HARBOR SOUARE MASTER PLAN INTO THE CITY'S COMPREHENSIVE PLAN. Council President Petso suggested the Council finally end this Comprehensive Plan amendment process, get to work over the next couple weeks to see if a new Comprehensive Plan amendment process can be started in June by motion of the Council. She favored ending this process and starting a new process because it would guarantee whatever the Council developed would be given a full public process, meaning it would be reviewed by the Planning Board and City Council with public hearings at both levels. It will also provide a clean Comprehensive Plan amendment process. Since the process began, questions and concerns have been raised about the legal process used. Starting over with a clean process would also allow the Council to put the threat of potential litigation behind them. Councilmember Buckshnis referred to Exhibits 1, 2 and 3. She asked why the process needed to be stopped and started over again when the Council has begun and is moving through a process. City Attorney Jeff Taraday responded the Council did not have to stop the process and start over, but it could. He relayed the three primary ways the Council could proceed were, 1) to do as Council President Petso suggested, 2) to do as Councilmember Buckshnis suggested, or 3) to end the process and not take any further action. The City's code allows the Council to amend a Comprehensive Plan amendment that is presented to the City Council. The City Council has not yet proceeded far enough along that route. Mr. Taraday explained he was asked to compare and contrast two drafts; however, the Council has not yet approved the staff revised draft. If a majority of the Council had stated they wanted to adopt the staff revised draft, an analysis would be done to determine whether it was within the scope of the alternatives considered by the Planning Board or whether it had been changed so significantly that legally it was better to start over to avoid any question whether there had been a sufficient public process. He explained what has been confusing to many is it is not yet known what the City Council's plan for Harbor Square would look like. Therefore the City Council's plan cannot be compared/contrasted to the Port's proposal. Edmonds City Council Draft Minutes May 21, 2013 Page 6 Packet Page 17 of 178 Councilmember Buckshnis noted Exhibit 2, Harbor Square Subarea Plan — City Council Discussion Draft, contains some of the issues she raised and emailed to staff. There are other items in Exhibit 2 that she does not support. She asked how the City could be open to a lawsuit when the Council was still discussing Harbor Square. Mr. Taraday responded he has not suggested there was a significant legal risk. Because some citizens are confused by the process, in the interest of simplification and to avoid any further confusion, the City Council may opt to start over but the Council does not have to start over. Councilmember Buckshnis asked if the process continued would the plan return to staff to incorporate the Council's ideas into a more succinct plan and then go through the Planning Board process. Mr. Taraday answered maybe, but it was as yet unknown what the plan will look like at the conclusion of the process. If at the conclusion of the process the amendments are minor enough to justify the GMA required public process had been conducted, there would be no reason to return it to the Planning Board. He reiterated that determination could not be made yet because the Council was not at that point in the process. Councilmember Buckshnis relayed her opinion the plan would be significantly different because there was discussion of incentive zoning and incentivizing things such as bulk, height, parking. Once the Council process was concluded, she anticipated the plan would need to return to the Planning Board review process. Mr. Taraday commented Councilmember Buckshnis may have a better sense than he does regarding what the City Council approved plan will look like. If the plan is dramatically different, it would be prudent to send it back to the Planning Board for further public participation and public hearing. COUNCIL PRESIDENT PETSO MOVED, SECONDED BY COUNCILMEMBER BLOOM, THAT WE FORMALLY END THIS COMPREHENSIVE PLAN AMENDMENT PROCESS. Council President Petso restated her rationale; if a new process is begun, it is guaranteed to be a full process including Planning Board review and public hearing and City Council review and public hearing and is more likely to be a clean process where a proposal is made and the citizens understand how the City Council is working through the process. Councilmember Yamamoto was uncertain what starting over would entail. He recognized starting over would be a lot of work, repeating a lot of information that was already gathered, holding numerous public hearings that have already been held, and ignoring the work done by Port, the Planning Board and staff. He did not see the advantage of starting the process over as the Council has received more than enough information. He agreed the plan needs to be tweaked and add to the current process. He preferred to continue the current process and make the necessary changes. Councilmember Fraley-Monillas asked whether the motion was to cancel the current process and start a new process. Council President Petso clarified the motion was to end the current Comprehensive Plan amendment process. If the motion was successful, her intent was to then initiate a new process. Councilmember Peterson stated he will vote against the motion. The implication that the process has been unclean is insulting to the Port, another elected body, insulting to the Planning Board who put an incredible number of hours into the plan, and insulting to the process. This process has been open and clean. He acknowledged it may be a confusing process but that is government. Because the process is confusing, it takes time. He expressed concern with the proposal to end the process that has been underway for years and to present a new City Council process that will be clean and easy to understand, pointing out it will be the same process. If the Council decides to reject the plan at the completion of the process, so be it. He reiterated it was insulting to everyone who has worked so many hours to reject the plan based on assertions the process had been unclean or muddy. Councilmember Buckshnis said she will vote against the motion. She echoed Councilmember Peterson's comments, pointing out some citizens like to make noise. She provided the example that the code allows Edmonds City Council Draft Minutes May 21, 2013 Page 7 Packet Page 18 of 178 building heights of 25 + 5 feet, yet a member of the public has stated the height limit was increased. The City has done a good job moving this process forward. She urged the public to review Exhibit 2, noting there were items she agreed with and some she did not. She viewed the changes as significant and envisioned it would go through the Planning Board process. Councilmember Bloom noted she was baffled by Councilmembers Yamamoto and Peterson's comments; ending this process does not mean the information gathered has to be thrown out or the input from citizens ignored. All the information can be used to start a new process that focuses on what can be agreed on versus this process which has focused on what is disagreed on. She supported the motion, envisioning the Council could better move forward after saying no to the Port's process. She pointed out in addition the Port has withdrawn their proposal. The Council is no longer working off the Port's proposal as the Council previously voted 4-3 to work off staff's proposal, essentially denying the Port's proposal. Councilmember Bloom explained by working off staff's draft, the Council was formalizing their previous action and acknowledging the Port's withdrawal of their application. She disagreed it was disrespectful, finding this the most respectful way to proceed, by acknowledging the Port's withdrawal of their proposal, formally denying the Port's proposal and starting with what can be agreed on. Council President Petso assured she did not intend to insult anyone by saying the process would be cleaner if it started over. There has been confusion with the process; the Council recently received a letter signed by nine citizens stating they do not understand where the Council stands legally in the process. She relayed the Council can start its own Comprehensive Plan amendment by motion. That process would be distinct from this process, would have citizen input at the outset and guarantee a full public process. Councilmember Fraley-Monillas suggested a simpler process was possible; the Council did not have to formally deny the Port's plan because the Port has withdrawn their plan. Mr. Taraday explained the Council had the option via President Petso's motion to acknowledge the Port's withdrawal of their application and terminate the process in light of that withdrawal. Councilmember Fraley-Monillas commented there was no longer a Port plan to work from as the Port has withdrawn their plan. The Port does not have to accept what the Council does, it is their property. She viewed including the Port in the development of a Council plan as a first step. She concluded it would be simpler to move ahead. Councilmember Johnson agreed with Councilmember Fraley-Monillas's comments. She was willing to move ahead to discuss the substance of the plan, setting aside some of the process issues at this time. Councilmember Buckshnis referred to the subarea plan for Westgate, asking whether the City Council was the ultimate decision -maker for a subarea plan. Mr. Taraday agreed the Council was. Councilmember Buckshnis supported proceeding with Exhibit 2. Mr. Taraday responded it is up to the Council's discretion to adopt subarea plans and any other Comprehensive Plan amendments. It would be prudent at some point to ensure any subarea plan the Council is considering adopting will ultimately be feasible for development; otherwise the Council is wasting its time. THE VOTE ON THE MOTION FAILED (2-5), COUNCILMEMBER BLOOM AND COUNCIL PRESIDENT PETSO VOTING YES. Council President Petso observed the Council was now back to considering the matrix in Exhibit 3. Councilmember Fraley-Monillas suggested the Council have a facilitated discussion at a work session on commonalities. Council President Petso suggested scheduling discussion at the Council's June 17 mini - retreat. Councilmember Fraley-Monillas preferred a longer discussion that did not have time constraints. She preferred to devote an entire Council meeting to this topic. Councilmember Buckshnis pointed out the Council had started reviewing Exhibit 3, a matrix with Council comments and suggestions communicated to staff and how those were addressed in the revised Edmonds City Council Draft Minutes May 21, 2013 Page 8 Packet Page 19 of 178 Harbor Square subarea plan. The minutes indicate there were decisions made on some items. Exhibit 3 incorporates incentive zoning, retains the base height and allows additional height for a parking structure. Councilmember Fraley-Monillas pointed out everything changed with the withdrawal of the Port's plan; there is no starting point for a matrix. She recommended the Council discuss commonalities and differences. She feared reviewing Exhibit 3 would result in the Council spinning its wheels. Council President Petso suggested an additional option would be for three Councilmembers with widely differing viewpoints to meet with representatives from the Port and staff. She asked whether the Council would be interested in hearing the recommendations of such a group. Councilmember Buckshnis read the comments she offered to staff and suggested Councilmembers reread the information in the packet: • Special district for incentive zoning — brewery, distillery, brew pub zone. Create distinct energy area using waste heat from the treatment plant • Campus for tech firms or other businesses • Tourist destinations • Year-round farmers market Councilmember Yamamoto suggested the Harbor Square subarea plan developed by staff dated March 19, 2013 was a good starting point. Councilmember Peterson agreed with Council President Petso's suggestion, noting regardless of the Port's withdrawal of their plan, the Port owns the property and should be at the table. He offered to participate and suggested inviting the Port to participate. Councilmember Johnson supported involving the Port, finding it a good compromise and a place to start. Council President Petso volunteered to participate; she suggested involving 1-2 Planning Board Members. Councilmember Peterson reminded parallel to this item is the Shoreline Master Program (SMP). Discussions regarding the Master Plan will require discussion regarding the SMP. Councilmember Johnson agreed the SMP is supposed to be coordinated with the Comprehensive Plan and the Harbor Square Master Plan is integral to both. She agreed with the suggestion to involve the Planning Board, noting the Council never reviewed the Planning Board's recommendations, which was one of the Port's criticisms when they withdrew their amendment. Mayor Earling asked to provide comment. There were no objections. Mayor Earling echoed the concern that the Council never reviewed the Planning Board's recommendations. He was glad to hear that the recommendations would be considered in the revised process. He stressed the importance of inviting the Port to participate, noting some pretty offensive things occurred during the process and the Port was justifiably smarting from some of the comments that were made. He also cautioned the Council about the Planning Department's workload. Beyond their normal workload, they are in the middle of rewriting the code, will receive Strategic Plan assignments, the permit process has dramatically increased in recent months, and the department is down one planner. 9B. PARK LEVY EXPLORATION COMMITTEE RECOMMENDATION (formerly Agenda Item 15) Parks and Recreation Director Carrie Hite explained in March 2012 the Council requested the formation of a Metropolitan Parks District (MPD) Exploratory Committee. Forty people were recruited to be on the committee; the first few meetings were well attended with robust discussion regarding an MPD. In July Edmonds City Council Draft Minutes May 21, 2013 Page 9 Packet Page 20 of 178 2012, the committee recommended continued exploration of park revenue options via an MPD or a Park Levy but not to put it on a 2012 ballot. The Council agreed and directed the committee to continue its work. At the Council retreat, Councilmember Yamamoto and she presented information and the Council directed the committee to continue their exploration. Three committee meetings were held following the Council retreat. She referred to a list of all attendees at MPD Exploratory Committee meetings included in the Council packet, clarifying not everyone attended all meetings. The Council packet also includes material that informed the committee's decision. Phil Lovell, MPD Exploratory Committee Member, explained this report is being presented by a committee of volunteers hosted by Ms. Hite and Councilmembers Yamamoto and Buckshnis. The committee was formed in 2012 at the request of Council to study the feasibility of establishing a MPD for Edmonds. Last year's work did not reach a concluding recommendation and further study was undertaken this spring at Council's request during their 2013 retreat. He advised the presentation would not include all backup information; it is available to the public and key elements of the work product have been included in the Council's packet for reference. He thanked the Council, committee members and staff for their assistance in researching and supporting the committee's efforts. By way of background and to highlight the importance of this matter, Mr. Lovell referred to the April 2, 2013 Council approved Edmonds Strategic Action Plan, available on the City's website. The plan is organized around five major objective categories, the third, "Maintain and Enhance Edmonds Community Character and Quality of Life." Seven of the fifteen action plans associated with this objective are directly related to the facilities or programs led by the Parks & Recreation Department and rated as high or very high priority in the plan. The specific actions proposed cover everything from maintaining physical facilities to enhancing programs and activities for all ages. Based on the Strategic Action Plan, Parks & Recreation infrastructure can be considered the highest priority beyond public safety and quality of governance. Unfortunately the physical and management components of the park infrastructure have suffered necessary budget cutbacks. The committee recommends the Council take action now to remedy this situation and prevent further erosion of Edmonds Parks & Recreation programming. In partnership with such Council action, the committee is committed to continuing its feasibility study for a potential MPD in Edmonds as enabled by RCW 35.41. However at this time, in order to initiate high priority action toward addressing this major quality of life objective within the Strategic Plan, the committee unanimously agreed to recommend a 3- year Levy Lid Lift in the amount of $2 million per year on behalf of Parks & Recreation in Edmonds. A draft resolution is proposed for Council approval that would initiate further action necessary to place a Parks Levy measure on the November 2013 ballot. If passed by the voters, the ballot measure would ensure restoration of eroded parks funds plus establish a 3-year accrual of capital funds for long deferred physical needs within the system. Bruce Witenberg, MPD Exploratory Committee Member, explained the committee discussed the critical importance of a unified commitment from Council for a Parks Levy in order to rally citizen support for its passage. The committee also reviewed the "disaster" of multiple levies on the 2011 ballot, none of which received more than 42% voter approval. The committee discussed the importance of the Council's unanimously adopted Strategic Action Plan as it relates to parks as a high priority item to citizens and how to incorporate another high citizen priority in the plan into the parks levy, the long neglected street overlay program. A high priority action item in the Strategic Action Plan was to create a financing mechanism to generate approximately $1.4 million/year for annual street maintenance. In discussing these issues with the City Attorney, the committee understood him to say one ballot measure could contain funding for both parks and streets. Nonetheless the committee determined, based on past experience, voters were more likely to approve a single issue levy. Given these economic times, a levy Edmonds City Council Draft Minutes May 21, 2013 Page 10 Packet Page 21 of 178 asking for $1 million for streets and $2 million for parks was viewed as too expensive to garner voter support. In addition, the ballot title is limited to 25 words which would not be enough to sufficiently explain a dual subject levy. Mr. Witenberg explained a $2 million parks levy would cost a homeowner whose home was assessed at $350,000 approximately $10/month and $12/month for a home assessed at $400,000. The committee discussed a creative method of funding both parks and street overlays. The Parks Levy, if passed, would free up $750,000 in REET 2 funds which the committee felt could be reallocated by Council to street overlays. Currently only the amount in excess of $750,000 is allocated to street overlays. There has not been any substantial excess for street overlays in the last several years. Up to $150,000 in General Fund savings resulting from the passage of the parks levy could also be used for street overlays. The specific strategy and program for street overlays would need to be developed by the Public Works and Finance Departments but should not prevent the Council from approving the committee's recommended resolution. Some of the General Fund savings would undoubtedly have to be allocated for General Fund deficit based on current budget projections for the three years. The Parks Levy is designed to: • Restore $245,000 in cuts to the Parks budget in 2012 and 2013. • Retain $750,000 for capital improvements • Leverage funds for use in grant matching • Retain $150,000 for the flower program • Retain $85,000 for Yost Pool operations • Retain $62,000 for the Beach Ranger Program • Retain $35,000 for seasonal labor • Retain $218,000 for maintenance and operations • Provide $120,000 for Yost Pool capital improvements • Provide $35,000 for the cemetery • Provide $300,000 for deferred maintenance o Restroom improvements o Play structure upgrades o Pathways/trail upgrades o Citywide turf upgrades and drainage o Tree maintenance/pruning o Tennis and basketball courts upgrades o Park entrance signs Mr. Witenberg explained most of these non -essential programs and services would likely have to be cut in the next three years if there was not a levy or the levy failed. It is critical for the Council to pass the proposed resolution now. There are less than six months to educate voters prior to the November 5 vote and only 21/2 months before the measure is filed for placement on the ballot. Next steps include the City Attorney preparing and presenting ballot language to Council for approval and the formation of pro and con committees to prepare and submit statements for the voters' pamphlets. To increase the chances of success, funding support will likely need to be obtained by a campaign organization. Passing the committee's resolution as written, the Council will not only demonstrate its further commitment to the unanimously adopted Strategic Action Plan as well as to two very high citizen priorities in the Plan, parks and street overlays. The committee is reasonably confident by the end of the three year levy, enough will be known about the economy and its influence on the City's financial strategies required for long term sustainability for Parks & Recreation programs and street overlay programs. He urged the Council to support the resolution. Mayor Earling expressed his appreciation to the committee for the work they have done. Edmonds City Council Draft Minutes May 21, 2013 Page 11 Packet Page 22 of 178 Councilmember Buckshnis also thanked the committee for their work. She clarified Mr. Hertrich's comment regarding BEET; it is a 1 year projection, not a 5-year projection. The projection simply adds the budget divided by 12. Council President Petso asked whether the proposed resolution was binding on City Council in any way. City Attorney Jeff Taraday answered not in any legal way. Council President Petso asked if a levy could be placed on the ballot later without passing the resolution tonight. Ms. Hite advised to place a measure on the November ballot, it needs to be filed by August 6. Councilmember Buckshnis asked staff to explain when the funds from the levy would be received if it was passed in November. Ms. Hite explained if the levy passes in November 2013, the City would begin collecting in 2014. Preliminary budget projections indicate the 2014 budget deficit is $230,000, $878,000 in 2015 and $1.583 million in 2016. Councilmember Bloom referred to the committee vote on April 8, 2013, noting there were 10 committee members present but only 6 voted. Ms. Hite explained a few members left early and School District representatives who were present as levy experts abstained from the vote. Councilmember Bloom noted the vote on the original motion was 5-0 with one abstention. The vote on the amendment for the November ballot was 3-1 with two abstentions. Ms. Hite recalled members who voted against the park levy during the last three meetings did so because they preferred to pursue a MPD. Councilmember Yamamoto agreed. Mr. Lovell explained after spirited discussion, the committee agreed to consider pros and cons of a MPD and a Parks Levy Lid Lift. Attendance at meetings varied and at the conclusion of the comparative process, the quorum present voted on whether to proceed with a MPD or a levy. Councilmember Peterson asked whether the Edmonds School District representatives indicated the amount of time necessary to educate the public. Ms. Hite answered their indication was 6-8 months to educate the public. The School District has a group of parents who call voters and the School District typically utilizes the special election so the levy is a single issue on the ballot. Councilmember Peterson recalled the Council retreat included discussion regarding the timing of the ballot measure and the Council concluded the November 2013 ballot was preferable so that the funds could be collected in 2014. The timing for the primary election would have required the ballot to be filed two weeks ago. For Councilmember Fraley-Monillas, Ms. Hite explained at the April 8 meeting, two committee members voted no on a Park Levy specifically because they wanted to pursue a MPD. In the end, they agreed to pursue a Park Levy, reflected in the 5-0 vote. Councilmember Peterson commented this has been a very well put together process and the committee did an incredible amount of work. He liked the end result and appreciated the straightforward and honest structure that would free up funds for street overlays, a huge deficit in the community. He acknowledged the resolution was not legally binding but felt it was binding politically. He recognized parks and street overlays were two of the most critical issues in the community, ensuring parks do not reach the level streets are at now. He also appreciated the funds the levy would provide for Yost Pool. COUNCILMEMBER PETERSON MOVED, SECONDED BY COUNCILMEMBER YAMAMOTO, TO APPROVE RESOLUTION NO. 1290, A RESOLUTION OF THE CITY OF EDMONDS, WASHINGTON, REGARDING SUBMISSION OF A PARK LEVY BALLOT PROPOSITION FOR THE GENERAL ELECTION OF 2013. Mayor Earling explained the resolution provides an indication of intent; another ordinance would be required for Council to take action to file the ballot measure. Mr. Taraday agreed. Edmonds City Council Draft Minutes May 21, 2013 Page 12 Packet Page 23 of 178 Councilmember Yamamoto thanked the committee members and Ms. Hite for their hard work. He noted there was a good amount of information present in order to make a decision. Councilmember Peterson commented the intent of starting with a resolution was to determine whether the Council wanted to move forward and provide an opportunity for citizen input prior to the Council considering an ordinance. Councilmember Fraley-Monillas commented she had no problem supporting the resolution but preferred there be some clarity regarding the road overlays and the amount that would be allocated to overlays to ensure citizens were clear how the funds would be spent. Councilmember Bloom said she would vote against the motion. It was important to her that the permitting process and code be addressed and she did not feel in good conscience she could support a levy when the 2013 budget did not include dedicated funds for a Development Services Director to guide that process. THE VOTE ON THE MOTION CARRIED (5-2), COUNCIL PRESIDENT PETSO AND COUNCILMEMBER BLOOM VOTING NO. Mayor Earling declared a brief recess. 10. ALTERNATIVE CHART FORMAT FOR MONTHLY REPORT This item was to be rescheduled via action taken under Agenda Item 3. 11. 2013 MAY BUDGET AMENDMENT Interim Finance Director Ron Cone reviewed the 2013 May budget amendment: • Reallocate funds from the Finance Director's salary to professional services to cover the costs of an Interim Finance Director • Reallocate funds from the Finance Director's salary to overtime to cover costs associated with additional staff time needed as the City searches for a new Finance Director • Transfer of funds to reinstate .5 FTE Parks Senior Office Specialist position (previously approved by Council) • Professional services covered by grants • Miscellaneous Street/Storm Public Works COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER YAMAMOTO, TO APPROVE ORDINANCE NO. 3920, AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING ORDINANCE NO. 3913 AS A RESULT OF UNANTICIPATED TRANSFERS AND EXPENDITURES OF VARIOUS FUNDS. Councilmember Buckshnis thanked Accountant Deb Sharp for her efforts. MOTION CARRIED UNANIMOUSLY. 12. DIRECTION TO PLANNING BOARD AND ECONOMIC DEVELOPMENT COMMISSION REGARDING COUNCIL PRIORITIES ON WESTGATE AND FIVE CORNERS This item was rescheduled via action taken under Agenda Item 3. 13. AUTHORIZATION FOR MAYOR TO SIGN A PROFESSIONAL SERVICES AGREEMENT AND POTENTIAL AMENDMENT WITH TETRA TECH TO PROVIDE SERVICES FOR THE PERRINVILLE CREEK STORMWATER FLOW REDUCTION RETROFIT STUDY. Stormwater Engineering Program Manager Jerry Shuster explained this project is in the 2013 budget. He referred to Agenda Item 14, a grant the City recently received to expand the scope of this project. He displayed a map, identifying Perrinville Creek and Perrinville Basin, noting all the rainfall in the Edmonds City Council Draft Minutes May 21, 2013 Page 13 Packet Page 24 of 178 Perrinville Basin goes into Perrinville Creek. Approximately half the drainage basin is in the City of Lynnwood. Most of the open channel is in Edmonds and most of the problems are in Edmonds. Mr. Shuster displayed an aerial map, identifying the mouth of Perrinville Creek and the culvert under Talbot Road. He explained there was a project in the 2012 CIP to replace the culvert. He displayed a photograph of the existing hanging culvert which is a fish passage barrier. He reviewed a drawing of the existing 30-inch diameter culvert and the recommended 16-foot wide, 7-foot high culvert for fish passage according to Department of Fish and Wildlife guidelines. That culvert will increase the amount of water flowing through the culvert because the smaller culvert acts as a dam. The problem with Perrinville Creek is there is too much stormwater. In order to replace the culvert with a fish passable culvert, flows must be reduced. If flows are not reduced and the culvert is replaced with a wider culvert, the remaining fish habitat will be destroyed as well as potentially flood five homes. Ms. Shuster reviewed the goals of the project: • Reduce peak flows and durations by reducing and controlling stormwater runoff, including the use of Low Impact Development Techniques. • The flow reduction will provide multiple hydrologic and biological benefits to both the Creek and Brown's Bay in the Sound such as: o Allow for the replacement of an anadromous fish barrier culvert o Reduce erosion and sedimentation that is impacting aquatic habitat and City infrastructure o Reduce the amount of pollutants in the aquatic environment. o Support base flows in Perrinville Creek He reviewed the scope of work: 1. Define the Current Watershed Hydrology 2. Define the Target Conditions in Perrinville Creek 3. Identify Flow Reduction Opportunities 4. Evaluate Candidate Flow Reduction Performance 5. Public Information and Engagement 6. Recommended Flow Reduction Plan 7. Project Management, Coordination and Reporting 8. Geologic/Geotechnical Characterization 9. Expanded Stream Flow Monitoring 10. Pre -Design and Report 11. Additional Project Management Mr. Shuster explained the first seven items are funded by the current City budget. Items 8 — 11 are funded by the grant. He described the grant: • Competitive grant from Department of Ecology's National Estuary Program, Watershed Protection & Restoration Program. • Goal: Conduct watershed -based stormwater retrofit planning and pre -design in target watersheds in the Puget Sound Basin. • Moves the project beyond the analysis stage into the predesign phase, thereby accelerating retrofit of the watershed. • $188,772 - No required match but leveraging of funds is encouraged He identified $200,000 in the 2013 budget for this project plus the $188,772 grant for a total of $388,772. He referred to a letter of support submitted with the grant from Lynnwood's City Engineer stating Lynnwood will work with Edmonds on the project. Councilmember Buckshnis advised she provided Mr. Shuster a baseline of 50 creeks WRIA 8 is studying; Perrinville Creek is one of them. Perrinville Creek does well in regard to wooded areas but not as well with regard to fish and insects. Edmonds City Council Draft Minutes May 21, 2013 Page 14 Packet Page 25 of 178 COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER PETERSON, TO AUTHORIZE THE MAYOR TO SIGN A PROFESSIONAL SERVICES AGREEMENT AND POTENTIAL AMENDMENT WITH TETRA TECH TO PROVIDE SERVICES FOR THE PERRINVILLE CREEK STORMWATER FLOW REDUCTION RETROFIT STUDY. Councilmember Bloom asked if there was an agreement with Lynnwood to partner on this project. Mr. Shuster responded it was not an agreement; Lynnwood submitted a letter of support with the grant. Once the project begins, City staff will discuss issues with Lynnwood. Councilmember Bloom asked if Lynnwood was allocating any funds to study Perrinville Creek or seeking any grants. Mr. Shuster answered Lynnwood did not have any funds allocated in their 2013 budget; he has been discussing an allocation in their 2014 budget. Councilmember Bloom asked if the LID techniques would be utilized in only areas that have public access. Mr. Shuster advised all options are being considered. Rich Schaefer, Project Manager, Tetra Tech, advised different techniques and best management practices will be considered regardless of their location. The areas where solutions that can be implemented most quickly are those where the City has control of the land such as rights -of -way. These could range from rain gardens on individual properties to something more significant such as intercepting a trunk line storm flow and infiltrating or significantly detaining it. Lynnwood is a partner because much of this will happen on their side of the watershed. Councilmember Bloom asked if the grant is for the studies and to make recommendations but not implementation. Mr. Schaefer answered the City had planned to fund the study itself; with the grant the rigor of the study can be enhanced via more soil exploration to better calibrate estimates of the amount of water that can be removed from the system as well as fund preliminary design of priority projects. Mr. Shuster explained DOE is providing these grants because the Legislature has asked DOE to provide a list of LID projects to fund. Pre -design studies need to be completed by October 2014. These studies will position the City for funding. Councilmember Johnson commented this is a tremendous step forward compared to the project a few years ago, a large pipe going into Browns Bay. This is a more natural approach and is the way the State Legislature wants these problems addressed. THE VOTE ON THE MOTION CARRIED UNANIMOUSLY. 14. AUTHORIZATION FOR MAYOR TO SIGN A GRANT AGREEMENT WITH THE DEPARTMENT OF ECOLOGY FOR $188,772 TO CONDUCT PRE -DESIGN SERVICES FOR THE PERRINVILLE CREEK STORMWATER FLOW REDUCTION RETROFIT STUDY. COUNCILMEMBER FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER JOHNSON, TO AUTHORIZE THE MAYOR TO SIGN A GRANT AGREEMENT WITH THE DEPARTMENT OF ECOLOGY FOR $188,772 TO CONDUCT PRE -DESIGN SERVICES FOR THE PERRINVILLE CREEK STORMWATER FLOW REDUCTION RETROFIT STUDY. MOTION CARRIED UNANIMOUSLY. 16. INTERIM ORDINANCE TO ALLOW PUBLIC MARKETS IN THE BUSINESS COMMERCIAL (BC), BUSINESS DOWNTOWN (BD) AND GENERAL COMMERCIAL (CG) ZONES - PROPOSED CHANGES TO TITLES 16 AND 21 OF THE EDMONDS COMMUNITY DEVELOPMENT CODE (ECDC). ORDINANCE TO AMEND TITLE 4.90 OF THE EDMONDS CITY CODE (ECC) — LICENSING. Community Services/Economic Development Director Stephen Clifton explained there are two ordinances for Council review and potential action. The first is an interim ordinance amending Titles 16 and 21 of the Edmonds Community Development Code (ECDC) to allow public markets in the Business Commercial (BC), Business Downtown (BD) and General Commercial (CG) Zones. The second Edmonds City Council Draft Minutes May 21, 2013 Page 15 Packet Page 26 of 178 ordinance would amend Title 4.90 of the Edmonds City Code (ECC) related to licensing. The interim ordinance, if approved, would be effective for six months; a public hearing must be held on the ordinance within the six month timeframe. The interim ordinance is scheduled for Planning Board review in May and June and likely before the Council in June. The ordinance related to ECC 4.90 can be approved tonight and does not require a public hearing. The City Council's Parks, Planning and Public Works Committee recommended approval of both ordinances at their May 14, 2013 meeting. Mr. Clifton explained the agenda memo contains background information regarding how this issue came to the City Council in September 2012, what City staff's review of ECDC Titles 16 and 21 and ECC 4.90 revealed, goals of the proposed amendments, how the goals would be met if the amendments are approved by Council and how the proposed amendments relate to the recently approved Strategic Action Plan. He invited Council feedback on the narrative for use in preparing future agenda memos. Mr. Clifton explained in the summer of 2012, Edmonds Historical Museum representatives contacted City staff about a seasonal produce and food market in September 2012. The site they were considering at the time was the Salish Crossing property located at the intersection of SR 104 and Dayton Street. Staff determined that would be allowed but the use could not operate beyond the month of September. On September 18, 2012, the City Council passed an interim ordinance that would have allowed community oriented open-air and/or farmers' markets to operate within BD and BC zones throughout the year. Unfortunately, market sponsors were not able to move forward with this proposal and the interim ordinance has since expired. The Edmonds Historical Museum is now able to move forward with this proposal and would like to begin operations on June 12, 2013 on the Salish Crossing property. Although the initial request was simple, upon the review of existing regulations applicable to such a proposal, City staff found numerous issues in the existing code related to the proposal as well as the current market operation and plans for the future. Specifically, the current regulations would preclude the proposed produce and farmers market from operating Wednesday evenings any month of the year and existing regulations conflict with the current operation of the Edmonds Historical Museum Garden and Summer Market that take place each Saturday. The code allows a community oriented open-air market to operate only during the months of July, August and September of each year, the Garden and Summer Market operates from early May through early October. Existing regulations prohibit any other open air market to exist other than what exists today. Currently regulations preclude the ability to establish a year- round farmers market and many within the community, including the Council, have expressed a desire to create a year-round farmers market. Although Community Oriented Open -Air Markets are allowed within the BD and BC zones, it is not defined in Title 21. Instead, the definition is contained in ECC Section 4.90. Although it defines a Community Oriented Open -Air Markets, it states activities must take place on Saturday and/or Sunday and can only take place during the months of July, August and September. It also precludes the ability for any other Community Oriented Open -Air Market to exist. The code states Chapter 4.90 was established by the City Council to study the effects of Open -Air Markets, which occurred in 1994, and references a 1994 working test. A Farmers Market is not defined in the code. A Seasonal Farmers Market is defined in Title 21 but it states it can only operate during the months of May, June, July, August and September, limiting the timeframe to five months. The goals of amending ECDC Titles 16 and 21 in addition to ECC Chapter 4.90 are to: 1. Create one definition that would be located in ECDC Title 21 - Definitions and could apply to community open-air markets, farmers' markets, seasonal farmers' markets, or public markets; the term Public Market is the preferred term included within the proposed attached draft 2. Allow public markets to operate as open-air activities, within buildings, or both 3. Allow public markets to operate in public rights of way, private property, and public property not located within public rights of way Edmonds City Council Draft Minutes May 21, 2013 Page 16 Packet Page 27 of 178 4. Establish operational hours to minimize disruption to traffic, residential properties, etc. 5. Allow public markets to operate for longer periods of time, e.g., four months, 8 months, or year- round 6. Remove provisions of ECC Chapter 4.90, Section 4.90.060, that are more land use oriented and move them to ECDC Sections 16.43 and 16.50 He described amendments to the code to meet the above goals: • Goals 1 and 2: The term Community Oriented Open -Air Market has been deleted from ECC Section 4.90.010 - Definitions. A new Section 21.80.103, entitled "Public Market," would be added to the Edmonds Community Development Code. The term Public Market would allow a stand-alone produce only farmers market, or a farmers market with produce, meats, cheeses, flowers and products produced from these (food), or the kind of spring and summer market that is currently operated by the Edmonds Historical Museum, i.e., produce, flowers, meats, bread, bakery items, arts and crafts, etc. The term also allows the use to take place indoors or outdoors. • Goals 3 and 4: To minimize disruption to roadways, activities of the market shall be limited to daylight hours on Saturday and Sunday of each week within public rights of way. If the market takes place on private or public property not within public rights -of -way, hours can be extended up to 10 p.m. for any day of the week. • Goal 5: Amendments to ECDC Titles 16 and 21, and ECC Chapter 4.90, do not place restrictions on what months a public market can operate, thus allowing a market to operate year-round. • Goal 6: ECC Section 4.90.060 has been deleted and relocated to ECDC Title 16. This language relates more to land use which is why it has been moved to Sections 16.43.040 and 16.50.030 - Operating restrictions. Mr. Clifton noted the existing ECDC Section 16.60.010 - General Commercial (CG) zoning allows "All permitted or conditional uses in any other zone in this title, except as specifically prohibited by subsection (C) of this section or limited by subsection (D) of this section", thus, a public market would be allowed in this zone as well, just as community oriented open-air and seasonal farmers' markets are today. A workshop is scheduled with the Planning Board at their May 22 meeting, a public hearing will be held in June, and the Planning Board's recommendation forwarded to the City Council. Mr. Clifton referred to how the proposed changes to ECDC Titles relate to the Strategic Action Plan. He planned wherever possible to mention how changes relate to the Strategic Action Plan to illustrate how the Plan is being implemented. The proposed ordinance relates to the following plan actions: • Plan Action 2a.2 (33) Farmers'/Public Market. "Expand into a year-round activity with available all-weather structures, available parking, and increased visibility to attract out -of -area customers and tourists." The proposed amendment would implement that plan action. • Plan Action lb.5 (21) Antique Mall aka Salish Crossing. "Encourage packaging the Safeway/Antique Mall aka Salish Crossing and nearby properties for the purpose of enhancing redevelopment opportunities of this significant gateway site." The Wednesday evening market is proposed for the Salish Crossing property. Mr. Clifton summarized the proposed ordinances, if approved, would allow for a year round public market that could take place indoors, outdoors and/or both. Additionally, approval would also allow a Wednesday evening produce and food farmers' market to take place on the Salish Crossing property. Councilmember Bloom expressed her appreciation for Mr. Clifton's references to the Strategic Action Plan. She referred to 4.90.020.0 that states the activities of the public market shall be limited to daylight hours on Saturday and Sunday of each week within public rights of way and asked what was meant by Edmonds City Council Draft Minutes May 21, 2013 Page 17 Packet Page 28 of 178 daylight hours. Mr. Clifton responded sunrise to sunset; the purpose was to minimize disruption within the public right-of-way. but could be extended. Council President Petso expressed appreciation for Mr. Clifton's agenda memo format. She asked if markets would be allowed in BC zones adjacent to single family zones. Mr. Clifton stated they would be allowed in any BD zone. The market hours were limited to 10 p.m. to limit disruption to neighbors. He noted it was unlikely a market would occur anywhere other than where it currently exists plus the Wednesday market. Council President Petso noted there were several BC zones immediately adjacent to single family residential. She suggested an amendment that markets would only be allowed in BC zones that were not adjacent to single family residential. Mr. Clifton noted there was one area where BD2 exists near residential. Council President Petso clarified her concern was BC zones along Highway 99 and other areas that were adjacent to single family residential. Mr. Clifton advised Council President Petso may be referring to the CG zone, BC zoning was limited to Salish Crossing, the WSDOT lot and the Vatika lot. Council President Petso asked whether a farmers market started in a BC zone could vest. Mr. Taraday answered the proposed amendment contemplates an annual license; the market would need to apply annually unless it specified the market was permanent. Council President Petso asked whether a farmers market in a BC zone such as behind the Safeway on Highway 99 that identified itself as permanent could not be discontinued. Mr. Taraday asked for an opportunity to research. Councilmember Bloom referred to language in the first ordinance, when a location is utilized for a business use in addition to a public market, the public market use shall not decrease the required available parking for the other business use below the standards established by Chapter 17.50. She assumed there was plenty of parking on the Salish Crossing property. Mr. Clifton explained prior to permitting, the owner must demonstrate they have enough parking for the current use and the proposed Wednesday evening market. Councilmember Bloom asked the cost for permitting. Mr. Clifton answered it was currently $50. The revisions to Title 4.90 increase the cost to $100. Councilmember Buckshnis complimented Mr. Clifton on the narrative in the agenda memo. She referred to Council President Petso's concern with BC zones. Mr. Clifton advised there are two small areas near 224'h and near 78 h & 2251h. Council President Petso noted there is also an area near Westgate. In response to Council President Petso's earlier question, Mr. Taraday referred to language in the ordinance, unless a public market is identified on a business license as a year-round market within the City of Edmonds, a premise license as a public market shall be considered a temporary use. That language would allow someone to apply on a business license as a year -year market and it would not be a temporary use. He concluded it would theoretically be possible for a market to vest on something other than a temporary basis. If that was not the Council's intent, he suggested making an amendment. Mr. Taraday noted language in an earlier draft may have been inadvertently deleted from this draft; Section 10 should have another sentence that reads, "This ordinance shall only be effective for six months from the effective date." Mr. Clifton relayed Acting Development Services Director Rob Chave's indication that BC zones have a 15-foot setback from residential property. If the Council wished, public markets or open air markets could be prohibited when adjacent to single family. Edmonds City Council Draft Minutes May 21, 2013 Page 18 Packet Page 29 of 178 If the intent was to allow the Wednesday evening market to proceed, Council President Petso asked if all markets could be temporary and the loose ends tied up as part of the Planning Board's review. Mr. Taraday replied yes, but it would require an amendment to the proposed ordinance. He suggested language such as "no market permitted under this interim ordinance shall have a duration that exceeds six months." Main Motion COUNCILMEMBER FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER PETERSON, TO APPROVE ORDINANCE NO. 3921, AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ADOPTING INTERIM AMENDMENTS TO ZONING REGULATIONS THAT WOULD ALLOW PUBLIC MARKETS IN THE BC, BD AND CG ZONES, ESTABLISHING SIX MONTHS AS THE TENTATIVE EFFECTIVE PERIOD OF THE ORDINANCE, AND ESTABLISHING AN EFFECTIVE DATE. Amendment #1 COUNCIL PRESIDENT PETSO MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO AMEND THE MOTION TO SPECIFY THAT NO PUBLIC MARKET PERMITTED UNDER THIS INTERIM ORDINANCE SHALL HAVE A DURATION LONGER THAN SIX MONTHS. MOTION CARRIED UNANIMOUSLY. Amendment #2 COUNCILMEMBER PETERSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO AMEND THE MOTION TO ADD A SENTENCE IN SECTION 10, "THIS ORDINANCE SHALL ONLY BE EFFECTIVE FOR 6 MONTHS FROM THE EFFECTIVE DATE. MOTION CARRIED UNANIMOUSLY. Vote on Main Motion as Amended MOTION CARRIED UNANIMOUSLY. COUNCILMEMBER FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER PETERSON, TO APPROVE ORDINANCE NO. 3922, AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING EDMONDS CITY CODE CHAPTER 4.90 RELATED TO LICENSING AND PERMITTING REQUIREMENTS FOR PUBLIC MARKETS, AND ESTABLISHING AN EFFECTIVE DATE. MOTION CARRIED UNANIMOUSLY. 17. REPORT ON CITY COUNCIL COMMITTEE MEETINGS OF MAY 14, 2013. Finance Committee Councilmember Yamamoto reported on the items the Finance Committee discussed: • 2013 COPS Hiring Grant Solicitation: A 4-year federal grant for a police officer, 75/25 cost share the first 3 years. Edmonds School District is considering paying all or part of the 25%. Committee members supported staff submitting the grant application 0 2013 May Budget Amendment — approved on tonight's agenda 0 2013 Quarterly Financial Report — approved on the Consent Agenda 0 Issuance of 2013 Water, Sewer and Stormwater Utility Bonds — presentation will be made to full Council in the future Alternative Chart Format for Monthly Report — will be scheduled for full Council review in the future Park Levy Exploration Committee Recommendation — discussed on tonight's agenda Public comment from Ron Wambolt and Roger Hertrich Parks, Planning and Public Works Committee Councilmember Buckshnis reported on items the Committee discussed: • Park Levy Exploration Committee Recommendation — discussed on tonight's agenda Edmonds City Council Draft Minutes May 21, 2013 Page 19 Packet Page 30 of 178 • Authorize Mayor to sign a contract with MIG for development of the PROS Plan — approved on Consent Agenda • Authorize Mayor to sign a professional services agreement with A/E services for City Park — approved on Consent Agenda • Interim Ordinance to allow Public Markets in the Business Commercial (BC), Business Downtown (BD) and General Commercial (CG) Zones — Proposed changes to 16 and 21 of the Edmonds Community Development Code (ECDC). Ordinance to amend Chapter 4.90 of the Edmonds City Code (ECC) — Licensing — discussed and approved on tonight's agenda. • Edmonds City Code Chapter 2 Revisions — schedule on future Council agenda • Issuance of 2013 Water, Sewer and Stormwater Utility Bonds — presentation will be made to full Council in the future • Authorization for Mayor to sign a Grant Agreement with the Department of Ecology for $188,772 to conduct pre -design services for the Perrinville Creek Stormwater Flow Reduction Retrofit Study — discussed and approved on tonight's agenda • Authorization to award construction services for the 224th Street SW Sewer Upgrade project to Laser Underground and Earthworks — approved on Consent Agenda • Authorization to approve a storm utility easement for installation of infiltration and storm that will be part of improvements to be done as part of the 238th Storm Drain Project — approved on Consent Agenda • Proposed Ordinance authorizing the acquisition by negotiation or condemnation of real property interests needed for the 228th St. SW Corridor Improvements Project — scheduled for presentation to full Council on June 4, 2013 • Final Contract Acceptance, WWTP A -Basin Upgrade Project — approved on Consent Agenda • Final Contract Acceptance, WWTP Building Roof Replacement — approved on Consent Agenda • Title 19 Building Code Updates — schedule for presentation and public hearing at full Council Personnel and Public Safety Committee Councilmember Bloom reported on items the Committee discussed: • Proposed changes to the Economic Development Commission Ordinance: o Allow up to two City Councilmembers to be appointed by the Council President as liaisons — committee recommended approval o Each commissioner serves at the pleasure of the applicable appointing official, who may remove and replace his or her appointee(s) at any time without cause — withdrawn due to lack of committee consensus • 2012 Fire Code Update — scheduled for public hearing on June 4 • Annual renewal of Snohomish Regional Drug & Gang Task Force Interlocal Agreement (2013- 2014) — approval on future Consent Agenda • Interlocal Agreement — North Sound Metro SWAT — approval on future Consent Agenda • 2013 COPS Hiring Program Grant Solicitation — committee consensus to proceed with submitting the grant application Councilmember Peterson added the Personnel and Public Safety Committee also discussed and recommended approval of advertising vacancies on the Economic Development Commission. 18. MAYOR'S COMMENTS Mayor Earling reported on a situation involving dogs on a property near 76th. The police have been pursuing the issue for some time and finally accumulated enough evidence to obtain a search warrant. The search found 20+ animals inside the house. Two residents of the home were arrested. A court date has been scheduled and the City plans to pursue the matter to the full extent of the law. Edmonds City Council Draft Minutes May 21, 2013 Page 20 Packet Page 31 of 178 Mayor Earling reported the Edmonds Center for the Arts (ECA) was a participant on the Seattle Foundation's May 15 GiveBIG campaign and raised $164,000, the 4tn highest in the State. With matching grants, that amount totaled $180,000. He commended the Seattle Foundation, ECA and citizens for their accomplishment raising that amount. 19. COUNCIL COMMENTS In response to Councilmember Bloom's earlier question, Councilmember Buckshnis explained Lynnwood is not a participant in WRIA 8. Lake Forest Park Councilmember Fiene and she plan to encourage Lynnwood, Brier and Woodway to participate in WRIA 8. She noted Perrinville Creek has great wooded areas but the water flows negatively impact fish and insects. Councilmember Buckshnis reported she will be out of town next week. She encouraged the public to watch the presentation by Keely O'Connell and Jerry Shuster at next week's Council meeting regarding the Willow Creek Daylighting Feasibility Study. A walkabout of the Edmonds Marsh with WRIA 8 will take place on May 22. Councilmember Buckshnis invited the public to help at the annual Hutt Park clean-up from 9:00 a.m. to noon on Saturday, May 25. Councilmember Fraley-Monillas reported on the May 18 SeaWolves game. She encouraged the public to visit www.SeaWolves.come for information regarding upcoming games. She congratulated Jim Underhill and the SeaWolves management for proceeding with this sports tourism. Councilmember Fraley-Monillas reported on the Health Food Fair at the Lynnwood Convention Center where PCC and organic farms provide information on healthy eating, cooking and growing. She encouraged the public to attend this free event next year. Council President Petso reported a mini Council retreat will be held on June 17, from 8:30 a.m. to noon. She invited Councilmembers to submit agenda items. The agenda will include public records retention training by the City Clerk Sandy Chase, City Attorney and other experts. Councilmember Johnson reported she and Mayor Earling attended the Edmonds Museum Guild Tea today that honors their volunteers. Councilmember Peterson referred to the comments made under Audience Comments about food vendors at the Edmonds Arts Festival. The Council's passage of the street vendor ordinance late last year had unintended consequences; he did not believe it was the Council's intent to charge food vendors at festivals the $235 fee to participate. He proposed language for Section 4.12.030.E, Exemptions: Annual events that are under contract with the City such as the Arts Festival, Summer Market, 4tn of July Parade and Fireworks, Taste of Edmonds, Classic Car Show and Edmonds Waterfront Festival. He suggested Mr. Taraday prepare the amendment for Council consideration at next week's meeting. Councilmember Fraley-Monillas asked whether vendors at City events are currently charged a fee. City Clerk Sandy Chase answered there was specific language in the 4tn of July contract that related to vendors obtaining a license. The amendment made to the code regarding street vendors requires vendors at all events obtain a license. Mr. Taraday advised the street vendor definition only applies to vendors with wheels. Mayor Earling advised many do have wheels. Mr. Taraday was directed to prepare an ordinance and revise the language as necessary in consultation with Councilmember Peterson. Councilmember Peterson reported he attended the Police Ceremony sponsored by the Edmonds Police Foundation, VFW and Rotary. The event included commendations for citizens who pulled a baby from a Edmonds City Council Draft Minutes May 21, 2013 Page 21 Packet Page 32 of 178 burning car and Officer Kenneth Crystal, a great officer and humanitarian, was awarded Officer of the Year. He encouraged the public to attend the event next year. He plans to work with the Police Foundation to better advertise the event. Councilmember Bloom reported she attended the Floretum Garden Club's final meeting of the year. She also expressed her excitement about the Council's passage of the ordinance related to a year-round market. She looked forward to the June 12 opening of the evening market at Salish Crossing from 3:00 to 7:00 p.m. 20. CONVENE IN EXECUTIVE SESSION REGARDING PENDING LITIGATION PER RCW 42.30.110(1)(i). At 10:07 p.m., Mayor Earling announced that the City Council would meet in executive session regarding pending litigation per RCW 42.30.110(1)(i). He stated that the executive session was scheduled to last approximately 15 minutes and would be held in the Jury Meeting Room, located in the Public Safety Complex. Action may occur as a result of meeting in executive session. Elected officials present at the executive session were: Mayor Earling, and Councilmembers Yamamoto, Johnson, Fraley-Monillas, Buckshnis, Peterson, Petso and Bloom. Others present were City Attorney Jeff Taraday and City Clerk Sandy Chase. The executive session concluded at 10:23 p.m. 21. RECONVENE IN OPEN SESSION. POTENTIAL ACTION AS A RESULT OF MEETING IN EXECUTIVE SESSION. Mayor Earling reconvened the regular City Council meeting at 10:25 p.m. No action was taken as a result of meeting in executive session. 22. ADJOURN With no further business, the Council meeting was adjourned at 10:26 p.m. Edmonds City Council Draft Minutes May 21, 2013 Page 22 Packet Page 33 of 178 AM-5788 City Council Meeting Meeting Date: 05/28/2013 Time• Consent Submitted For: Ronald Cone Department: Finance Review Committee: Type: Action Tnfner"Ofinn Submitted By: 5. B. Nori Jacobson Committee Action: Approve for Consent Agenda Subject Title Approval of claim checks #202229 through #202340 dated March 23, 2013 for $865,048.92 (replacement check #202315 $104.74). Recommendation Approval of claim checks. Previous Council Action N/A Narrative In accordance with the State statutes, City payments must be approved by the City Council. Ordinance #2896 delegates this approval to the Council President who reviews and recommends either approval or non -approval of expenditures. Fiscal Year: 2013 Revenue• Expenditure: 865,048.92 Fiscal Impact: Claim checks $865,048.92 Replacement claim check #202315 $104.74 Fiscal Impact Attachments Claim checks 05-23-13 Proiect Numbers 05-23-13 Form Review Inbox Reviewed By Date Finance Ronald Cone 05/23/2013 09:59 AM Packet Page 34 of 178 City Clerk Mayor Finalize for Agenda Form Started By: Nori Jacobson Final Approval Date: 05/23/2013 Sandy Chase Dave Earling Sandy Chase 05/23/2013 11:11 AM 05/23/2013 02:45 PM 05/23/2013 02:50 PM Started On: 05/23/2013 08:41 AM Packet Page 35 of 178 vchlist 05/23/2013 7:36:17AM Voucher List City of Edmonds Page: 1 Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 202229 5/23/2013 074253 AAA WASHINGTON 18381 TOURISM AD IN AAA JOURNEY MA) Tourism ad in AAA Journey May/June 120.000.31.575.42.44.00 1,500.00 Total: 1,500.00 202230 5/23/2013 061029 ABSOLUTE GRAPHIX 513254 SPRING SOFTBALL SHIRTS-ADDITI SPRING SOFTBALL SHIRTS-ADDITI 001.000.64.575.52.31.00 53.40 9.5% Sales Tax 001.000.64.575.52.31.00 5.07 Total: 58.47 202231 5/23/2013 068201 ACTIVE NETWORK INC 1006667 MERCHANT SERVICES CLASS UPC Merchant Services CLASS update Fir 001.000.31.514.23.41.00 775.00 9.5% Sales Tax 001.000.31.514.23.41.00 73.63 Total: 848.63 202232 5/23/2013 063862 ALPINE PRODUCTS INC TM-131538 Traffic - White Traffic Paint Traffic - White Traffic Paint 111.000.68.542.64.31.00 10,507.00 Yellow Traffic Paint 111.000.68.542.64.31.00 9,435.00 White Traffic Paint 111.000.68.542.64.31.00 565.00 Glass Beads (50# Bags) 111.000.68.542.64.31.00 1,570.56 Freight 111.000.68.542.64.31.00 185.00 9.5% Sales Tax 111.000.68.542.64.31.00 2,114.94 Total: 24,377.50 202233 5/23/2013 069829 AMIDO, BENJAMIM AMIDO 16500 UKUELE 16500 Page: 1 Packet Page 36 of 178 vchlist Voucher List Page: 2 05/23/2013 7:36:17AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 202233 5/23/2013 069829 AMIDO, BENJAMIM (Continued) UKUELE 16500 001.000.64.571.22.41.00 154.00 Total: 154.00 202234 5/23/2013 064335 ANALYTICAL RESOURCES INC WN57 WWTP - LAB SERVICES WWTP - LAB SERVICES 423.000.76.535.80.41.31 860.00 Total: 860.00 202235 5/23/2013 069751 ARAMARK UNIFORM SERVICES 655-6809339 WEEKLY UNIFORM SERVICE WEEKLY UNIFORM SERVICE 001.000.64.576.80.24.00 145.73 9.5% Sales Tax 001.000.64.576.80.24.00 13.84 655-6821178 WEEKLY UNIFORM SERVICE WEEKLY UNIFORM SERVICE 001.000.64.576.80.24.00 33.42 9.5% Sales Tax 001.000.64.576.80.24.00 3.17 Total: 196.16 202236 5/23/2013 070251 ASHBROOK SIMON-HARTLEY 126485 WWTP - BEARING SPACER - MECH WWTP - BEARING SPACER - MECH 423.000.76.535.80.48.21 60.00 Freight 423.000.76.535.80.48.21 26.76 9.5% Sales Tax 423.000.76.535.80.48.21 5.70 Total: 92.46 202237 5/23/2013 071124 ASSOCIATED PETROLEUM 0432447-IN WWTP - DIESEL WWTP - DIESEL 423.000.76.535.80.32.00 5,173.58 9.5% Sales Tax 423.000.76.535.80.32.00 491.50 Page: 2 Packet Page 37 of 178 vchlist Voucher List Page: 3 05/23/2013 7:36:17AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 202237 5/23/2013 071124 071124 ASSOCIATED PETROLEUM (Continued) Total: 5,665.08 202238 5/23/2013 070305 AUTOMATIC FUNDS TRANSFER 69515 OUT SOURCING OF UTILITY BILLS UB Outsourcing area #500 Printing 422.000.72.531.90.49.00 36.97 UB Outsourcing area #500 Printing 421.000.74.534.80.49.00 36.97 UB Outsourcing area #500 Printing 423.000.75.535.80.49.00 38.08 UB Outsourcing area #500 Postage 421.000.74.534.80.42.00 127.73 UB Outsourcing area #500 Postage 423.000.75.535.80.42.00 127.72 9.5% Sales Tax 422.000.72.531.90.49.00 3.51 9.5% Sales Tax 421.000.74.534.80.49.00 3.51 9.5% Sales Tax 423.000.75.535.80.49.00 3.62 Total: 378.11 202239 5/23/2013 001835 AWARDS SERVICE INC 80427 SILVER MED HLDR FINISH LINE A\A SILVER MED HLDR FINISH LINE A\A 001.000.64.571.22.31.00 300.00 9.5% Sales Tax 001.000.64.571.22.31.00 28.50 Total: 328.50 202240 5/23/2013 001702 AWC EMPLOY BENEFIT TRUST June 2013 AWC JUNE 2013 AWC BILLING June 2013 awc billing 811.000.231.510 56,448.08 Total: 56,448.08 202241 5/23/2013 065739 BOBBY WOLFORD TRUCKING & 056481 Storm Dump Fees Storm Dump Fees 422.000.72.531.10.49.00 47.25 Page: 3 Packet Page 38 of 178 vchlist Voucher List Page: 4 05/23/2013 7:36:17AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 202241 5/23/2013 065739 065739 BOBBY WOLFORD TRUCKING & (Continued) Total: 47.25 202242 5/23/2013 066578 BROWN AND CALDWELL 14191693 WWTP - ON CALL PROFESSIONAL WWTP - ON CALL PROFESSIONAL 423.000.76.535.80.41.00 975.25 Total: 975.25 202243 5/23/2013 003001 BUILDERS SAND & GRAVEL 301197 Water/Sewer/Street/Storm - Crushed Water/Sewer/Street/Storm - Crushed 111.000.68.542.61.31.00 135.24 Water/Sewer/Street/Storm - Crushed 421.000.74.534.80.31.00 135.24 Water/Sewer/Street/Storm - Crushed 422.000.72.531.40.31.00 135.24 Water/Sewer/Street/Storm - Crushed 423.000.75.535.80.31.00 135.22 9.5% Sales Tax 111.000.68.542.61.31.00 12.85 9.5% Sales Tax 421.000.74.534.80.31.00 12.85 9.5% Sales Tax 422.000.72.531.40.31.00 12.85 9.5% Sales Tax 423.000.75.535.80.31.00 12.84 Total: 592.33 202244 5/23/2013 018495 CALPORTLAND COMPANY 91814455 Street - Cement 9.5% Sales Tax 111.000.68.542.61.31.00 27.93 Street - Cement 111.000.68.542.61.31.00 294.00 Total: 321.93 202245 5/23/2013 061966 CAMP FIRE BOYS & GIRLS CAMP FIRE 16931 BABYSITTING BASICS 16931 BABYSITTING BASICS 16931 001.000.64.571.22.41.00 150.00 Page: 4 Packet Page 39 of 178 vchlist Voucher List Page: 5 05/23/2013 7:36:17AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 202245 5/23/2013 061966 061966 CAMP FIRE BOYS & GIRLS (Continued) Total: 150.00 202246 5/23/2013 073029 CANON FINANCIAL SERVICES 12758622 PARKS AND REC IRC5051 PARKS AND REC IRC5051 001.000.64.571.21.45.00 249.99 9.5% Sales Tax 001.000.64.571.21.45.00 23.75 12758626 PARKS AND REC IRC 10301F HFPO'z PARKS AND REC IRC 10301F HFPO'z 001.000.64.571.21.45.00 27.99 9.5% Sales Tax 001.000.64.571.21.45.00 2.66 12760627 PARKS MAINT IRC10301F PARKS MAINT IRC10301F 001.000.64.576.80.45.00 33.02 9.5% Sales Tax 001.000.64.576.80.45.00 3.14 Total: 340.55 202247 5/23/2013 073029 CANON FINANCIAL SERVICES 12758620 INV#12758620 CUST#572105 - EDM MONTHLY COPIER RENTAL (4) 001.000.41.521.10.45.00 581.60 COPY CHARGES 3/31 TO 4/30/13 001.000.41.521.10.45.00 224.59 9.5% Sales Tax 001.000.41.521.10.45.00 76.56 Total: 882.75 202248 5/23/2013 073029 CANON FINANCIAL SERVICES 12760623 C/A 572105 CONTRACT# 001-05721 Finance dept copier contract charge 001.000.31.514.23.45.00 249.99 9.5% Sales Tax 001.000.31.514.23.45.00 23.75 Total: 273.74 202249 5/23/2013 073029 CANON FINANCIAL SERVICES 12758621 CITY CLERK'S OFFICE COPIER LEE Page: 5 Packet Page 40 of 178 vchlist Voucher List Page: 6 05/23/2013 7:36:17AM City of Edmonds Bank code : usbank Voucher Date Vendor 202249 5/23/2013 073029 CANON FINANCIAL SERVICES 202250 5/23/2013 073029 CANON FINANCIAL SERVICES Invoice PO # Description/Account Amount (Continued) Lease City Clerk's Office copier 001.000.25.514.30.45.00 466.97 9.5% Sales Tax 001.000.25.514.30.45.00 44.36 12758623 RECEPTIONIST DESK COPIER LEA Recept. desk copier lease 001.000.25.514.30.45.00 20.11 9.5% Sales Tax 001.000.25.514.30.45.00 1.91 Total: 533.35 12760624 FLEET COPIER Fleet Copier May 2013 511.000.77.548.68.45.00 33.02 9.5% Sales Tax 511.000.77.548.68.45.00 3.14 12760625 PW ADMIN COPIER PW Office Copier for May 2013 001.000.65.519.91.45.00 68.55 PW Office Copier for May 2013 111.000.68.542.90.45.00 38.85 PW Office Copier for May 2013 422.000.72.531.90.45.00 38.85 PW Office Copier for May 2013 421.000.74.534.80.45.00 27.42 PW Office Copier for May 2013 423.000.75.535.80.45.00 27.42 PW Office Copier for May 2013 511.000.77.548.68.45.00 27.41 9.5% Sales Tax 001.000.65.519.91.45.00 6.51 9.5% Sales Tax 111.000.68.542.90.45.00 3.69 9.5% Sales Tax Page: 6 Packet Page 41 of 178 vchlist Voucher List Page: 7 05/23/2013 7:36:17AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 202250 5/23/2013 073029 CANON FINANCIAL SERVICES (Continued) 422.000.72.531.90.45.00 3.69 9.5% Sales Tax 421.000.74.534.80.45.00 2.61 9.5% Sales Tax 423.000.75.535.80.45.00 2.61 9.5% Sales Tax 511.000.77.548.68.45.00 2.59 12760626 WATER SEWER COPIER Water Sewer Copier 421.000.74.534.80.45.00 70.68 Water Sewer Copier 423.000.75.535.80.45.00 70.68 9.5% Sales Tax 421.000.74.534.80.45.00 6.72 9.5% Sales Tax 423.000.75.535.80.45.00 6.71 Total: 441.15 202251 5/23/2013 073029 CANON FINANCIAL SERVICES 12758616 Lease Council Office Canon Lease Council Office Canon 001.000.11.511.60.45.00 30.65 Tota I : 30.65 202252 5/23/2013 068484 CEMEX LLC 9426037291 BIG TOP.PILE COVERS Environmental Fee 422.000.72.594.31.41.20 45.00 Fuel Surcharge 422.000.72.594.31.41.20 20.00 Fibermesh 422.000.72.594.31.41.20 70.00 4000 Reg Air 422.000.72.594.31.41.20 880.00 9.5% Sales Tax 422.000.72.594.31.41.20 96.43 9426073405 BIG TOP.PILE COVERS Page: 7 Packet Page 42 of 178 vchlist Voucher List Page: 8 05/23/2013 7:36:17AM City of Edmonds Bank code : Voucher usbank Date Vendor Invoice PO # Description/Account Amount 202252 5/23/2013 068484 CEMEX LLC (Continued) Big Top.Pile Covers 422.000.72.594.31.41.20 175.00 9.5% Sales Tax 422.000.72.594.31.41.20 16.63 9426073406 BIG TOP.PILE COVERS Environmental Fee 422.000.72.594.31.41.20 45.00 Fuel Surcharge 422.000.72.594.31.41.20 20.00 Fibermesh 422.000.72.594.31.41.20 70.00 4000 Reg Air 422.000.72.594.31.41.20 950.00 9.5% Sales Tax 422.000.72.594.31.41.20 103.08 9426073407 BIG TOP.PILE COVERS Environmental Fee 422.000.72.594.31.41.20 15.75 50 CDF 4" 422.000.72.594.31.41.20 250.25 9.5% Sales Tax 422.000.72.594.31.41.20 24.47 Total: 2,781.61 202253 5/23/2013 068484 CEMEX LLC 9426099167 Roadway - Asphalt Roadway - Asphalt 111.000.68.542.31.31.00 585.00 9.5% Sales Tax 111.000.68.542.31.31.00 55.58 9426109277 Roadway - Asphalt Roadway - Asphalt 111.000.68.542.31.31.00 460.00 9.5% Sales Tax 111.000.68.542.31.31.00 43.70 Page: 8 Packet Page 43 of 178 vchlist Voucher List Page: 9 05/23/2013 7:36:17AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 202253 5/23/2013 068484 068484 CEMEX LLC (Continued) Total: 1,144.28 202254 5/23/2013 065682 CHS ENGINEERS LLC 450901-1304 E9GA.SERVICES THRU APRIL 2013 E9GA.Services thru April 2013 423.000.75.594.35.41.30 23,813.09 451202-1304 E3GA.SERVICES THRU APRIL 2013 E3GA.Services thru April 2013 423.000.75.594.35.41.30 10,675.92 Total: 34,489.01 202255 5/23/2013 019215 CITY OF LYNNWOOD 10071 E1JB.CHARGES THRU 4/20/13 E1JB.Charges thru 4/20/13 421.000.74.594.34.41.10 37,743.17 Total: 37,743.17 202256 5/23/2013 004095 COASTWIDE LABS W2550251 YOST POOL SUPPLIES YOST POOL SUPPLIES 001.000.64.576.80.31.00 642.69 9.5% Sales Tax 001.000.64.576.80.31.00 61.06 W2553335 BRAWNY WIPERS BRAWNY WIPERS 001.000.64.576.80.31.00 275.16 9.5% Sales Tax 001.000.64.576.80.31.00 26.14 Total: 1,005.05 202257 5/23/2013 074343 CONE, RONALD June2013 Interim Finance Director rent Interim Finance Director rent 001.000.31.514.20.41.00 1,000.00 Total: 1,000.00 202258 5/23/2013 074427 CONVERGINT TECHNOLOGIES LLC W 113176 FAC - Fire Alarm Systems Repairs FAC - Fire Alarm Systems Repairs 001.000.66.518.30.48.00 687.50 9.5% Sales Tax 001.000.66.518.30.48.00 65.31 Page: 9 Packet Page 44 of 178 vchlist Voucher List Page: 10 05/23/2013 7:36:17AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 202258 5/23/2013 074427 074427 CONVERGINT TECHNOLOGIES LLC (Continued) Total: 752.81 202259 5/23/2013 014430 DMH INDUSTRIAL ELECTRIC INC 482495 PW - Motor and Equipment PW - Motor and Equipment 001.000.66.518.30.31.00 480.43 Freight 001.000.66.518.30.31.00 110.00 9.2% Sales Tax 001.000.66.518.30.31.00 54.32 Total: 644.75 202260 5/23/2013 074389 DRAKE, BARB DRAKE 0413 MILEAGE RANGER PROGRAM APR MILEAGE RANGER PROGRAM 4/19 001.000.64.574.35.43.00 3.39 MILEAGE BEACH RANGER 5/3, 5/7, 001.000.64.574.35.43.00 51.98 Total: 55.37 202261 5/23/2013 007675 EDMONDS AUTO PARTS 22355 PARKS CEMENT PARKS CEMENT 001.000.64.576.80.31.00 8.72 9.5% Sales Tax 001.000.64.576.80.31.00 0.83 Total: 9.55 202262 5/23/2013 069523 EDMONDS P&R YOUTH SCHOLARSHIP SCOTT 16951 KLS PRESCHOOL 16951 KLS PRESCHOOL 16951 122.000.64.571.20.49.00 59.00 Total: 59.00 202263 5/23/2013 008410 EDMONDS PRINTING CO R24050 Water Quality Brochures - 17,500 Water Quality Brochures - 17,500 421.000.74.534.80.31.00 2,763.00 9.5% Sales Tax 421.000.74.534.80.31.00 262.49 Total: 3,025.49 Page: 10 Packet Page 45 of 178 vchlist Voucher List Page: 11 05/23/2013 7:36:17AM City of Edmonds Bank code : usbank Voucher Date Vendor 202264 5/23/2013 008705 EDMONDS WATER DIVISION Invoice PO # Description/Account Amount 6-00025 CITY MARINA BEACH PARK CITY MARINA BEACH PARK 001.000.64.576.80.47.00 141.50 6-00200 CITY FISHING DOCK & RESTROOM CITY FISHING DOCK & RESTROOM 001.000.64.576.80.47.00 394.82 6-00410 BRACKETT'S LANDING SOUTH BRACKETT'S LANDING SOUTH 001.000.64.576.80.47.00 247.88 6-00475 MINI PARK MINI PARK 001.000.64.576.80.47.00 584.39 6-01250 CITY PARK BALLFIELD CITY PARK BALLFIELD 001.000.64.576.80.47.00 182.45 6-01275 CITY PARK PARKING LOT CITY PARK PARKING LOT 001.000.64.576.80.47.00 969.07 6-02125 PINE STREET PLAYFIELD PINE STREET PLAYFIELD 001.000.64.576.80.47.00 207.32 6-02727 310 6TH AVE N 310 6TH AVE N 001.000.64.576.80.47.00 182.44 6-02730 CIVIC CENTER PLAYFIELD - SPRIN CIVIC CENTER PLAYFIELD - SPRIN 001.000.64.576.80.47.00 182.44 6-02900 ANDERSON CULTURAL CENTER (S ANDERSON CULTURAL CENTER (S 001.000.64.576.80.47.00 182.44 6-03000 CIVIC CENTER PARKING LOT SPRI CIVIC CENTER PARKING LOT SPRI 001.000.64.576.80.47.00 348.41 6-03275 HUMMINGBIRD HILL PARK HUMMINGBIRD HILL PARK 001.000.64.576.80.47.00 119.66 Page: 11 Packet Page 46 of 178 vchlist Voucher List Page: 12 05/23/2013 7:36:17AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 202264 5/23/2013 008705 EDMONDS WATER DIVISION (Continued) 6-03575 CITY MAPLEWOOD PARK CITY MAPLEWOOD PARK 001.000.64.576.80.47.00 217.95 6-04400 SEAVIEW PARK SPRINKLER SEAVIEW PARK SPRINKLER 001.000.64.576.80.47.00 182.44 6-04425 8100 185TH PL SW 8100 185TH PL SW 001.000.64.576.80.47.00 377.10 6-04450 SIERRA PARK SIERRA PARK 001.000.64.576.80.47.00 265.30 6-07775 BALLINGER PARK BALLINGER PARK 001.000.64.576.80.47.00 241.64 6-08500 YOST PARK SPRINKLER YOST PARK SPRINKLER 001.000.64.576.80.47.00 872.42 6-08525 YOST PARK POOL YOST PARK POOL 001.000.64.576.80.47.00 681.43 Tota I : 6,581.10 202265 5/23/2013 008705 EDMONDS WATER DIVISION 6-01127 WWTP 200 2ND AVE S / METER 20E WWTP 200 2ND AVE S / METER 20f 423.000.76.535.80.47.64 119.66 6-01130 WWTP 200 2ND AVE S / METER 94: WWTP 200 2ND AVE S / METER 9< 423.000.76.535.80.47.64 25.63 6-01140 WWTP 200 2ND AVE S / METER 501 WWTP 200 2ND AVE S / METER 501 423.000.76.535.80.47.64 1,057.96 Total: 1,203.25 202266 5/23/2013 008812 ELECTRONIC BUSINESS MACHINES 087142 1 Copies/Council Office printer/copier Page: 12 Packet Page 47 of 178 vchlist Voucher List Page: 13 05/23/2013 7:36:17AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 202266 5/23/2013 008812 ELECTRONIC BUSINESS MACHINES (Continued) Copies/Council Office printer/copier 001.000.11.511.60.45.00 8.62 Total: 8.62 202267 5/23/2013 074345 EUROFINS EATON ANALYTICAL L0122816 Water Quality Systems Testings Water Quality Systems Testings 421.000.74.534.80.41.00 160.00 L0123123 Water Qaulity Stystems Testings Water Qaulity Stystems Testings 421.000.74.534.80.41.00 700.00 Total: 860.00 202268 5/23/2013 074430 FAST WATER HEATER bld2013.0509 Online Permit refund - outside City Online Permit refund - outside City 001.000.257.620 65.00 Total: 65.00 202269 5/23/2013 066378 FASTENAL COMPANY WAMOU28488 PARTS PARTS 001.000.64.576.80.31.00 12.87 9.5% Sales Tax 001.000.64.576.80.31.00 1.22 Total: 14.09 202270 5/23/2013 066378 FASTENAL COMPANY WAMOU28336 Storm - Supplies Storm - Supplies 422.000.72.531.90.24.00 25.68 9.5% Sales Tax 422.000.72.531.90.24.00 2.44 Total: 28.12 202271 5/23/2013 071026 FASTSIGNS OF LYNNWOOD 443 12338 PARKS SIGNS OFF LEASE PARK PARKS SIGNS OFF LEASE PARK 127.000.64.575.50.31.00 292.00 9.5% Sales Tax Page: 13 Packet Page 48 of 178 vchlist Voucher List Page: 14 05/23/2013 7:36:17AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 202271 5/23/2013 071026 FASTSIGNS OF LYNNWOOD (Continued) 127.000.64.575.50.31.00 27.74 Total: 319.74 202272 5/23/2013 009815 FERGUSON ENTERPRISES INC 0377316 Meter Inventory - M-METER-0.625-01 Meter Inventory - M-METER-0.625-01 421.000.74.534.80.34.30 1,572.00 9.5% Sales Tax 421.000.74.534.80.34.30 149.34 Total: 1,721.34 202273 5/23/2013 011900 FRONTIER 425-712-0423 WWTP AFTER HOUR BUSINESS LII WWTP AFTER HOUR BUSINESS LII 423.000.76.535.80.42.00 59.53 Total: 59.53 202274 5/23/2013 011900 FRONTIER 253-017-8148 CITY PARK T1 LINE City Park T1 Line 001.000.31.518.88.42.00 407.50 Total: 407.50 202275 5/23/2013 074358 GEO-TEST SERVICES 28086 E9GA.SERVICES THRU APRIL 2013 E9GA.Services thru April 2013 423.000.75.594.35.41.30 665.00 Total: 665.00 202276 5/23/2013 072515 GOOGLE INC 5970249 C/A#396392 MESSAGE DISCOVER Internet Anti -Virus & Spam Maint Fee 001.000.31.518.88.48.00 336.00 Total: 336.00 202277 5/23/2013 012199 GRAINGER 9133529892 DANGER TAGS PARKS DANGER TAGS PARKS 001.000.64.576.80.31.00 68.00 9.5% Sales Tax 001.000.64.576.80.31.00 6.25 9133853391 TAG STATION Page: 14 Packet Page 49 of 178 vchlist Voucher List Page: 15 05/23/2013 7:36:17AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 202277 5/23/2013 012199 GRAINGER (Continued) 9.5% Sales Tax 001.000.64.576.80.31.00 1.31 TAG STATION 001.000.64.576.80.31.00 13.86 9133853409 TAG STATION FILLED TAG STATION FILLED 001.000.64.576.80.31.00 13.86 9.5% Sales Tax 001.000.64.576.80.31.00 1.31 Total: 104.59 202278 5/23/2013 012199 GRAINGER 9138633848 Fleet Shop Supplies - Abrasive Roll Fleet Shop Supplies - Abrasive Roll 511.000.77.548.68.31.20 41.71 9.5% Sales Tax 511.000.77.548.68.31.20 3.97 Total: 45.68 202279 5/23/2013 012560 HACH COMPANY 8288235 WWTP- LAB SUPPLIES, PIPET TIP; WWTP- LAB SUPPLIES, PIPET TIP; 423.000.76.535.80.31.31 446.70 Freight 423.000.76.535.80.31.31 59.95 9.5% Sales Tax 423.000.76.535.80.31.31 48.13 Total: 554.78 202280 5/23/2013 074428 HAMILTON PRINTING SYSTEMS 687 SECOND ORDER OF 5K SHIRTS WI SECOND ORDER OF 5K SHIRTS WI 001.000.64.571.22.31.00 228.00 9.5% Sales Tax 001.000.64.571.22.31.00 21.66 Total: 249.66 202281 5/23/2013 067862 HOME DEPOT CREDIT SERVICES 1030907 City Hall Project - Supplies Page: 15 Packet Page 50 of 178 vchlist Voucher List Page: 16 05/23/2013 7:36:17AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 202281 5/23/2013 067862 HOME DEPOT CREDIT SERVICES (Continued) City Hall Project - Supplies 001.000.66.518.30.31.00 28.15 9.5% Sales Tax 001.000.66.518.30.31.00 2.67 2035687 City Hall Project City Hall Project 001.000.66.518.30.31.00 29.47 9.5% Sales Tax 001.000.66.518.30.31.00 2.80 2047350 Parks Project - Supplies Parks Project - Supplies 001.000.64.576.80.31.00 155.08 9.5% Sales Tax 001.000.64.576.80.31.00 14.73 2085010 Fac Maint - Supplies Fac Maint - Supplies 001.000.66.518.30.31.00 5.46 9.5% Sales Tax 001.000.66.518.30.31.00 0.52 2205425 FS 20 - Supplies FS 20 - Supplies 001.000.66.518.30.31.00 41.10 9.5% Sales Tax 001.000.66.518.30.31.00 3.90 2570861 Sr Center- Tubestraps Sr Center- Tubestraps 001.000.66.518.30.31.00 3.53 9.5% Sales Tax 001.000.66.518.30.31.00 0.34 260577 Fac Maint - Unit 5 - Supplies Fac Maint - Unit 5 - Supplies 001.000.66.518.30.31.00 25.94 9.5% Sales Tax 001.000.66.518.30.31.00 2.46 Page: 16 Packet Page 51 of 178 vchlist Voucher List Page: 17 05/23/2013 7:36:17AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 202281 5/23/2013 067862 HOME DEPOT CREDIT SERVICES (Continued) 3034081 PW - Kitchen Refridg Light Bulb PW - Kitchen Refridg Light Bulb 001.000.65.519.91.31.00 5.94 9.5% Sales Tax 001.000.65.519.91.31.00 0.56 3035453 PS / Council - Paint Supplies PS / Council - Paint Supplies 001.000.66.518.30.31.00 63.09 9.5% Sales Tax 001.000.66.518.30.31.00 5.99 31115 Storm - Storage Bldg Supplies Storm - Storage Bldg Supplies 422.000.72.531.10.31.00 67.20 9.5% Sales Tax 422.000.72.531.10.31.00 6.38 4035183 Storm - Knee Pads Storm - Knee Pads 422.000.72.531.90.24.00 53.94 9.5% Sales Tax 422.000.72.531.90.24.00 5.12 4035191 Storm - Supplies Storm - Supplies 422.000.72.531.40.31.00 5.57 9.5% Sales Tax 422.000.72.531.40.31.00 0.53 41524 Fac Maint Unit 5 - Supplies Fac Maint Unit 5 - Supplies 001.000.66.518.30.31.00 18.94 9.5% Sales Tax 001.000.66.518.30.31.00 1.80 45637 PW - Front Desk PW - Front Desk 001.000.66.518.30.31.00 24.21 9.5% Sales Tax Page: 17 Packet Page 52 of 178 vchlist Voucher List Page: 18 05/23/2013 7:36:17AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 202281 5/23/2013 067862 HOME DEPOT CREDIT SERVICES (Continued) 001.000.66.518.30.31.00 2.30 45649 Parks Project Supplies Parks Project Supplies 001.000.64.576.80.31.00 101.15 9.5% Sales Tax 001.000.64.576.80.31.00 9.61 6030042 Storm - Storage Bldg Supplies Storm - Storage Bldg Supplies 422.000.72.531.40.31.00 138.85 9.5% Sales Tax 422.000.72.531.40.31.00 13.19 6040072 Fac Maint -Unit 4 & 5 Supplies Fac Maint -Unit 4 & 5 Supplies 001.000.66.518.30.31.00 85.02 50' Tri Tap 001.000.66.518.30.31.00 99.00 9.5% Sales Tax 001.000.66.518.30.31.00 17.48 6043900 Fac Maint - Unit 95 - Supplies Fac Maint - Unit 95 - Supplies 001.000.66.518.30.31.00 29.44 9.5% Sales Tax 001.000.66.518.30.31.00 2.80 6075284 Library - Sign Library - Sign 001.000.66.518.30.31.00 0.97 9.5% Sales Tax 001.000.66.518.30.31.00 0.09 7043533 City Hall - Faucet Cover City Hall - Faucet Cover 001.000.66.518.30.31.00 1.98 9.5% Sales Tax 001.000.66.518.30.31.00 0.19 7048389 Storm - Storage Supplies Page: 18 Packet Page 53 of 178 vchlist Voucher List Page: 19 05/23/2013 7:36:17AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 202281 5/23/2013 067862 HOME DEPOT CREDIT SERVICES (Continued) Storm - Storage Supplies 422.000.72.531.40.31.00 157.34 9.5% Sales Tax 422.000.72.531.40.31.00 14.95 7048517 PW - Supplies PW - Supplies 001.000.66.518.30.31.00 26.64 9.5% Sales Tax 001.000.66.518.30.31.00 2.53 7204521 FS 20 - Retaining Wall Blocks FS 20 - Retaining Wall Blocks 001.000.66.518.30.31.00 57.54 9.5% Sales Tax 001.000.66.518.30.31.00 5.47 7581824 Fac Maint Supplies Fac Maint Supplies 001.000.66.518.30.31.00 32.23 9.5% Sales Tax 001.000.66.518.30.31.00 3.06 7597335 Library - Glass Cleaner Library - Glass Cleaner 001.000.66.518.30.31.00 16.54 9.5% Sales Tax 001.000.66.518.30.31.00 1.57 8065281 Fac Maint - Supplies Fac Maint - Supplies 001.000.66.518.30.31.00 19.41 9.5% Sales Tax 001.000.66.518.30.31.00 1.84 8065381 Sr Center - Supplies Sr Center - Supplies 001.000.66.518.30.31.00 45.65 9.5% Sales Tax 001.000.66.518.30.31.00 4.34 Page: 19 Packet Page 54 of 178 vchlist Voucher List Page: 20 05/23/2013 7:36:17AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 202281 5/23/2013 067862 HOME DEPOT CREDIT SERVICES (Continued) 9036251 Parks Project Supplies Parks Project Supplies 001.000.64.576.80.31.00 221.50 9.5% Sales Tax 001.000.64.576.80.31.00 21.04 9041813 FS 17 - Wood Supplies FS 17 - Wood Supplies 001.000.66.518.30.31.00 76.74 9.5% Sales Tax 001.000.66.518.30.31.00 7.29 9045811 FAC - Hose Supplies FAC - Hose Supplies 001.000.66.518.30.31.00 9.94 9.5% Sales Tax 001.000.66.518.30.31.00 0.94 9045849 FS 20 - Paint Supplies FS 20 - Paint Supplies 001.000.66.518.30.31.00 33.72 9.5% Sales Tax 001.000.66.518.30.31.00 3.20 9047839 City Hall 2nd Floor Project City Hall 2nd Floor Project 001.000.66.518.30.31.00 23.96 9.5% Sales Tax 001.000.66.518.30.31.00 2.28 9047915 Fac Maint - Unit 95 -Supplies Fac Maint - Unit 95 -Supplies 001.000.66.518.30.31.00 10.94 9.5% Sales Tax 001.000.66.518.30.31.00 1.04 9081627 Street - Wrapping supplies for shippir Street - Wrapping supplies for shippir 111.000.68.542.68.31.00 33.34 9.5% Sales Tax Page: 20 Packet Page 55 of 178 vchlist Voucher List Page: 21 05/23/2013 7:36:17AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 202281 5/23/2013 067862 HOME DEPOT CREDIT SERVICES (Continued) 111.000.68.542.68.31.00 3.17 9261261 FS 17 - Hot Water Tank Supplies FS 17 - Hot Water Tank Supplies 001.000.66.518.30.31.00 5.56 9.5% Sales Tax 001.000.66.518.30.31.00 0.53 9591321 Fac Maint - Supplies Fac Maint - Supplies 001.000.66.518.30.31.00 3.47 9.5% Sales Tax 001.000.66.518.30.31.00 0.33 Total: 1,925.59 202282 5/23/2013 073548 INDOFF INCORPORATED 2278140 WWTP - OFFICE SUPPLIES WWTP - OFFICE SUPPLIES 423.000.76.535.80.31.41 54.72 9.5% Sales Tax 423.000.76.535.80.31.41 5.20 Total: 59.92 202283 5/23/2013 073548 INDOFF INCORPORATED 2275695 Office supplies - DSD Office supplies - DSD 001.000.62.524.10.31.00 799.73 Total: 799.73 202284 5/23/2013 073548 INDOFF INCORPORATED 2275039 Office supplies - finance director Office supplies - finance director 001.000.22.518.10.31.00 19.33 9.5% Sales Tax 001.000.22.518.10.31.00 1.84 Total: 21.17 202285 5/23/2013 071634 INTEGRATELECOM 10899887 C/A768328 PR1-1 & 2 City Phone Service 001.000.31.518.88.42.00 1,978.16 Page: 21 Packet Page 56 of 178 vchlist Voucher List Page: 22 05/23/2013 7:36:17AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 202285 5/23/2013 071634 INTEGRATELECOM (Continued) Tourism Toll free lines 877.775.6929; 001.000.61.558.70.42.00 32.64 Econ Devlpmnt Toll free lines 001.000.61.558.70.42.00 33.15 Total: 2,043.95 202286 5/23/2013 071137 KIDZ LOVE SOCCER KIDZ LOVE 16418 KIDZ LOVE SOCCER 16418 KIDZ LOVE SOCCER 16418 001.000.64.571.22.41.00 329.40 KIDZ LOVE SOCCER 16419 001.000.64.571.22.41.00 585.60 KIDZ LOVE SOCCER 16420 001.000.64.571.22.41.00 256.20 KIDZ LOVE SOCCER 16421 001.000.64.571.22.41.00 329.40 KIDZ LOVE SOCCER 16422 001.000.64.571.22.41.00 475.80 Total: 1,976.40 202287 5/23/2013 074388 LONE MOUNTAIN COMMUNICATIONS 12624 INV#12624 - EDMONDS PD REPAIR MTS2000 RADIO 466CDSOE 001.000.41.521.22.48.00 75.00 12625 INV#12625 - EDMONDS PD REPAIR RADIO MTS2000 466CDSOE 001.000.41.521.22.48.00 75.00 12626 INV#12626 - EDMONDS PD REPAID RADIO MTS2000 466CDSOE 001.000.41.521.22.48.00 75.00 12627 INV#12627 - EDMONDS PD REPAID RADIO MTS2000 466CFMO( 001.000.41.521.22.48.00 75.00 12628 INV#12628 - EDMONDS PD REPAIR RADIO MTS2000 466CDSOE 001.000.41.521.22.48.00 191.00 12629 INV#12629 - EDMONDS PD Page: 22 Packet Page 57 of 178 vchlist Voucher List Page: 23 05/23/2013 7:36:17AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 202287 5/23/2013 074388 LONE MOUNTAIN COMMUNICATIONS (Continued) REPAID RADIO MTS2000 466CDSOE 001.000.41.521.22.48.00 75.00 Total: 566.00 202288 5/23/2013 019582 MANOR HARDWARE 472994-00 FAC - Chalk and Box FAC - Chalk and Box 001.000.66.518.30.31.00 20.49 9.5% Sales Tax 001.000.66.518.30.31.00 1.95 473770-00 Fac Maint - Pro Line Laser Fac Maint - Pro Line Laser 001.000.66.518.30.35.00 375.00 9.5% Sales Tax 001.000.66.518.30.35.00 35.63 Total: 433.07 202289 5/23/2013 020039 MCMASTER-CARR SUPPLY CO 51378907 WWTP - MECHANICAL SUPPLIES, E WWTP - MECHANICAL SUPPLIES, E 423.000.76.535.80.31.21 12.52 Freight 423.000.76.535.80.31.21 5.18 Total: 17.70 202290 5/23/2013 020900 MILLERS EQUIP & RENTALL INC 167318 BALLINGER PLAY TOY PROJECT BALLINGER PLAY TOY PROJECT 001.000.64.576.80.31.00 59.75 9.5% Sales Tax 001.000.64.576.80.31.00 5.68 Total: 65.43 202291 5/23/2013 020900 MILLERS EQUIP & RENTALL INC 166908 PW Outside Storeage - Impact Wren PW Outside Storeage - Impact Wren 422.000.72.531.40.45.00 38.50 9.5% Sales Tax 422.000.72.531.40.45.00 3.66 Page: 23 Packet Page 58 of 178 vchlist Voucher List Page: 24 05/23/2013 7:36:17AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 202291 5/23/2013 020900 020900 MILLERS EQUIP & RENTALL INC (Continued) Total: 42.16 202292 5/23/2013 074306 NEBCO/NPRIT 2805171 LEOFF group coverage LEOFF group coverage 617.000.51.522.20.23.00 725.16 LEOFF Group coverage 009.000.39.517.37.23.00 8,189.74 Total: 8,914.90 202293 5/23/2013 024302 NELSON PETROLEUM 0496632-IN Unit 63 - Supplies Unit 63 - Supplies 511.000.77.548.68.31.10 233.01 9.5% Sales Tax 511.000.77.548.68.31.10 22.14 0496727-IN Unit 33 - Filters Unit 33 - Filters 511.000.77.548.68.31.10 45.28 9.5% Sales Tax 511.000.77.548.68.31.10 4.30 0496728-IN Unit 91 - Filters Unit 91 - Filters 511.000.77.548.68.31.10 65.80 9.5% Sales Tax 511.000.77.548.68.31.10 6.25 0496732-IN Fleet Filter Inventory Fleet Filter Inventory 511.000.77.548.68.34.40 60.44 9.5% Sales Tax 511.000.77.548.68.34.40 5.74 Total: 442.96 202294 5/23/2013 024960 NORTH COAST ELECTRIC COMPANY S5129643.001 WWTP - ELECTRICAL/STEM BREAK WWTP - ELECTRICAL/STEM BREAK 423.000.76.535.80.31.22 71.75 Freight 423.000.76.535.80.31.22 9.25 Page: 24 Packet Page 59 of 178 vchlist Voucher List Page: 25 05/23/2013 7:36:17AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 202294 5/23/2013 024960 NORTH COAST ELECTRIC COMPANY (Continued) 9.5% Sales Tax 423.000.76.535.80.31.22 7.70 Total: 88.70 202295 5/23/2013 061013 NORTHWEST CASCADE INC 1-658170 MADRONA RENTALS MADRONA RENTALS 001.000.64.576.80.45.00 102.50 1-658171 RENTALS SIERRA PARK RENTALS SIERRA PARK 001.000.64.576.80.45.00 112.35 1-658172 EDMONDS ELEMENTARY RENTALS EDMONDS ELEMENTARY RENTALS 001.000.64.576.80.45.00 112.35 1-658337 RENTALS MARINA BEACH PARK RENTALS MARINA BEACH PARK 001.000.64.576.80.45.00 1,007.20 1-659561 PINE STREET PARK PINE STREET PARK 001.000.64.576.80.45.00 112.35 1-659949 RENTALS WILLOW CREEK FISH HF RENTALS WILLOW CREEK FISH HF 001.000.64.576.80.45.00 112.35 1-660231 CIVIC CENTER RENTALS CIVIC CENTER RENTALS 001.000.64.576.80.45.00 112.35 Total: 1,671.45 202296 5/23/2013 063511 OFFICE MAX INC 723198 COLORED PAPER COLORED PAPER 001.000.64.571.21.31.00 33.15 9.5% Sales Tax 001.000.64.571.21.31.00 3.15 754465 ARCHIVE BOXES ARCHIVE BOXES 001.000.64.571.21.31.00 62.34 Page: 25 Packet Page 60 of 178 vchlist Voucher List Page: 26 05/23/2013 7:36:17AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 202296 5/23/2013 063511 OFFICE MAX INC (Continued) 9.5% Sales Tax 001.000.64.571.21.31.00 5.92 Total: 104.56 202297 5/23/2013 063511 OFFICE MAX INC 646372 PW Office Supplies - Laminate Poucr PW Office Supplies - Laminate Pouct 001.000.65.519.91.31.00 47.51 9.5% Sales Tax 001.000.65.519.91.31.00 4.52 Total: 52.03 202298 5/23/2013 027155 PARK WHOLESALE CI3044812 FLOWER PROGRAM SEEDS FLOWER PROGRAM SEEDS 001.000.64.576.81.31.00 12.95 Freight 001.000.64.576.81.31.00 1.72 Total: 14.67 202299 5/23/2013 070962 PAULSONS TOWING INC 101023 INV#101023 - EDMONDS PD TOW DOGE RAM #1311200G 001.000.41.521.22.41.00 158.00 9.5% Sales Tax 001.000.41.521.22.41.00 15.01 Total: 173.01 202300 5/23/2013 063951 PERTEET ENGINEERING INC 20100166.000-21 E2DB.SERVICES THRU 03/31/13 E2DB.Services thru 03/31/13 132.000.64.594.76.41.00 1,596.22 20100166.000-22 E2DB.SERVICES THRU 4/28/13 E2DB.Services thru 4/28/13 132.000.64.594.76.41.00 769.10 Total: 2,365.32 202301 5/23/2013 008350 PETTY CASH CAMPCASH0513 2013 DAYCAMP START UP PETTY C 2013 DAYCAMP START UP PETTY C Page: 26 Packet Page 61 of 178 vchlist 05/23/2013 7:36:17AM Voucher List City of Edmonds Page: 27 Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 202301 5/23/2013 008350 PETTY CASH (Continued) 001.000.111.700 500.00 Total: 500.00 202302 5/23/2013 008350 PETTY CASH YOSTPOOLCASH2013 STARTUP PETTY CASH YOST POOI STARTIP PETTY CASH YOST POOL 001.000.111.700 350.00 Total: 350.00 202303 5/23/2013 064552 PITNEY BOWES 9607730my13 Lease 4/30 to 5/30 Lease 4/30 to 5/30 001.000.25.514.30.45.00 718.60 9.5% Sales Tax 001.000.25.514.30.45.00 68.26 Total: 786.86 202304 5/23/2013 028860 PLATT ELECTRIC SUPPLY INC 3752073 WWTP - ELECTRIC, UPS (POWER WWTP - ELECTRIC, UPS (POWER! 423.100.76.594.39.65.10 2,845.00 9.5% Sales Tax 423.100.76.594.39.65.10 270.28 3854345 WWTP - ELECTRICAL SUPPLIES WWTP - ELECTRICAL SUPPLIES 423.000.76.535.80.31.22 372.40 9.5% Sales Tax 423.000.76.535.80.31.22 35.38 Total: 3,523.06 202305 5/23/2013 074342 PROTHMAN COMPANY 2013-3913 Finance Director salary billing Finance Director salary billing 001.000.31.514.20.41.00 6,791.82 Total: 6,791.82 202306 5/23/2013 071911 PROTZ, MARGARET PROTZ 17048 FELDENKRAIS 17048 FELDENKRAIS 17048 001.000.64.575.54.41.00 90.00 Page: 27 Packet Page 62 of 178 vchlist Voucher List Page: 28 05/23/2013 7:36:17AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 202306 5/23/2013 071911 071911 PROTZ, MARGARET (Continued) Total: 90.00 202307 5/23/2013 068697 PUBLIC SAFETY TESTING INC 2012-4820 Testing: Police Officer Testing: Police Officer 001.000.22.518.10.41.00 700.00 Total: 700.00 202308 5/23/2013 030695 PUMPTECH INC 0067444-IN WWTP - MECHANICAL SUPPLIES, ( WWTP - MECHANICAL SUPPLIES, ( 423.000.76.535.80.48.21 538.00 Freight 423.000.76.535.80.48.21 7.72 9.5% Sales Tax 423.000.76.535.80.48.21 51.84 Total: 597.56 202309 5/23/2013 074156 RAZZ CONSTRUCTION INC E9GA.Pmt 5 E9GA.PMT 5 THRU 4/30/13 E9GA.Pmt 5 thru 4/30/13 423.000.75.594.35.65.30 384,420.94 Total: 384,420.94 202310 5/23/2013 061540 REPUBLIC SERVICES #197 0197-001581410 WWTP - RECYCLING SERICES WWTP - RECYCLING SERICES 423.000.76.535.80.47.66 12.64 Total: 12.64 202311 5/23/2013 074359 REQUA, BRENDAN REQUA 051813 DJ/EMCEE HEALTH AND FITNESS E DJ/EMCEE HEALTH AND FITNESS E 001.000.64.571.22.41.00 225.00 Total: 225.00 202312 5/23/2013 070042 RICOH USA INC 89010369 Eng. Copier Lease Eng. Copier Lease 001.000.62.524.10.45.00 443.48 89010374 DSD R907X copier lease DSD R907X copier lease 001.000.62.524.10.45.00 827.00 Page: 28 Packet Page 63 of 178 vchlist Voucher List Page: 29 05/23/2013 7:36:17AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 202312 5/23/2013 070042 070042 RICOH USA INC (Continued) Total: 1,270.48 202313 5/23/2013 067681 SAGE CONTROL ORDNANCE INC 11207 INV#11207 CUST#EE0065 - EDMON IMPACT BATON - STANDARD 001.000.41.521.40.31.00 724.12 Freight 001.000.41.521.40.31.00 47.00 Total: 771.12 202314 5/23/2013 067802 SAN DIEGO POLICE EQUIP CO 606617 INV#606617 CUST#0001733 - EDMC 12GA HYDRA-SHOK SLUG 001.000.41.521.40.31.00 798.08 9.5% Sales Tax 001.000.41.521.40.31.00 75.82 Total: 873.90 202315 5/23/2013 074265 SB INVESTMENTS ONE LLC 8-28960 #40102347-803-JS2 UTILITY REFUN #40102347-803-JS2 Utility refund du( 411.000.000.233.000.000.00 104.74 Tota I : 104.74 202316 5/23/2013 067003 SCHOETTLE, GEORGE 050213 CPR CERTIFICATION CLASSES Street / Storm (14) 111.000.68.542.90.43.00 210.00 Street / Storm (14) 422.000.72.531.90.43.00 210.00 PW Admin 001.000.65.519.91.49.00 30.00 Water/Sewer (16) 421.000.74.534.80.49.00 240.00 Water/Sewer (16) 423.000.75.535.80.49.00 240.00 Parks (11) 001.000.64.576.80.49.00 330.00 Facilities (4) 001.000.66.518.30.49.00 120.00 Page: 29 Packet Page 64 of 178 vchlist Voucher List Page: 30 05/23/2013 7:36:17AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 202316 5/23/2013 067003 SCHOETTLE, GEORGE (Continued) Fleet (3) 511.000.77.548.68.49.00 90.00 Total: 1,470.00 202317 5/23/2013 074431 SEATTLE ASBESTOS TEST LLC 201311320 YOST POOL WATER SAMPLE TEST YOST POOL WATER SAMPLE TEST 125.000.64.576.80.48.00 900.00 9.5% Sales Tax 125.000.64.576.80.48.00 85.50 201311383 YOST POOL WATER TESTING YOST POOL WATER TESTING 125.000.64.576.80.48.00 950.00 9.5% Sales Tax 125.000.64.576.80.48.00 90.25 Total: 2,025.75 202318 5/23/2013 071725 SKAGIT GARDENS INC 52204664 HELLEBORUS-TAX ON INVOICE 52: HELLEBORUS-TAX ON INVOICE 52: 125.000.64.576.80.31.00 434.16 52205615 TAX ON HELLEBORUS FROM INVO TAX ON HELLEBORUS FROM INVO 125.000.64.576.80.31.00 41.25 Total: 475.41 202319 5/23/2013 060889 SNAP -ON INDUSTRIAL ARV/ 19755560 Fleet - Torx Driver and Sockets Fleet - Torx Driver and Sockets 511.000.77.548.68.35.00 86.63 Freight 511.000.77.548.68.35.00 14.95 9.5% Sales Tax 511.000.77.548.68.35.00 9.67 Total: 111.25 202320 5/23/2013 037375 SNO CO PUD NO 1 2007-1403-8 18500 82ND AVE W 18500 82ND AVE W Page: 30 Packet Page 65 of 178 vchlist Voucher List Page: 31 05/23/2013 7:36:17AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 202320 5/23/2013 037375 SNO CO PUD NO 1 (Continued) 001.000.64.576.80.47.00 84.05 2011-9708-4 8030 185TH ST SW 8030 185TH ST SW 001.000.64.576.80.47.00 244.32 2012-3682-5 100 DAYTON ST 100 DAYTON ST 001.000.64.576.80.47.00 665.85 2022-5062-7 IRRIGATION SYSTEM IRRIGATION SYSTEM 001.000.64.576.80.47.00 30.55 Total: 1,024.77 202321 5/23/2013 038300 SOUND DISPOSAL CO 104757 WWTP 200 2ND AVE S / ASH DISPC W WTP 200 2ND AVE S / ASH DISPC 423.000.76.535.80.47.65 3,387.71 Total: 3,387.71 202322 5/23/2013 060371 STANDARD INSURANCE CO June 2013 Standard JUNE 2013 STANDARD INSURANCE June 2013 Standard Insurance Premi 811.000.231.550 13,816.75 Total: 13,816.75 202323 5/23/2013 040430 STONEWAY ELECTRIC SUPPLY S100512902.001 City Hall - Bulbs City Hall - Bulbs 001.000.66.518.30.31.00 102.28 Freight 001.000.66.518.30.31.00 10.12 9.5% Sales Tax 001.000.66.518.30.31.00 10.68 Total: 123.08 202324 5/23/2013 073049 TEC-WORKS INC 12310 RACK MOUNT KITAND BASE FOR I Transition Networks 19" rack mount k 001.000.31.518.87.35.00 65.56 Transition Networks CWDM SFP Page: 31 Packet Page 66 of 178 vchlist Voucher List Page: 32 05/23/2013 7:36:17AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 202324 5/23/2013 073049 TEC-WORKS INC (Continued) 001.000.31.518.87.35.00 2,150.00 Shipping Charges 001.000.31.518.87.35.00 9.67 12311 SINGLE MODE SFP NETWORK DE\ Transition Networks 1000BASE-LX si 001.000.31.518.87.31.00 402.00 Chemtronics Compact Cleaning Kit 001.000.31.518.87.31.00 19.95 Shipping Charges 001.000.31.518.87.31.00 8.51 Total: 2,655.69 202325 5/23/2013 072404 TELEDYNE ISCO INC 024580 WWTP - GLACIER SAMPLER, W/AC WWTP - GLACIER SAMPLER, W/AC 423.000.76.535.80.35.00 4,550.55 Freight 423.000.76.535.80.35.00 175.00 9.5% Sales Tax 423.000.76.535.80.35.00 448.93 Total: 5,174.48 202326 5/23/2013 071666 TETRATECH INC 50675139 WWTP - ON -CALL SERVICES WWTP - ON -CALL SERVICES 423.000.76.535.80.41.00 1,576.00 Total: 1,576.00 202327 5/23/2013 009350 THE DAILY HERALD COMPANY 1820379 NEWSPAPER ADS Ordinance 3919 001.000.25.514.30.44.00 32.68 Tota I : 32.68 202328 5/23/2013 072800 TOYOTA LIFT NORTHWEST 25070702 Unit 004 - Filter Unit 004 - Filter 511.000.77.548.68.31.10 30.21 Freight Page: 32 Packet Page 67 of 178 vchlist Voucher List Page: 33 05/23/2013 7:36:17AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 202328 5/23/2013 072800 TOYOTA LIFT NORTHWEST (Continued) 511.000.77.548.68.31.10 13.78 9.5% Sales Tax 511.000.77.548.68.31.10 4.18 Total: 48.17 202329 5/23/2013 074344 TR PROFESSIONAL 2743 REPAIR & MAINT FOR EXTRON SW 5/8/13 Local Service Call Repair and 001.000.31.518.88.48.00 1,267.16 Total: 1,267.16 202330 5/23/2013 073284 UNITED HEALTHCARE INSURANCE CO June 2013 UHC JUNE 2013 UHC PREMIUMS June 2013 UHC Billing 811.000.231.511 208,245.82 Gregory Wean June 2013 Billing 009.000.39.517.37.23.00 927.28 Total: 209,173.10 202331 5/23/2013 062693 US BANK 2985 MULTIPLE PURCHASES WWTP - NATIONAL SEMINARS TRA 423.000.76.535.80.49.71 199.00 WWTP - SAFETY SUPPLIES, 4 WEE 423.000.76.535.80.31.12 224.90 WWTP - ELECTRICAL SUPPLIES T( 423.000.76.535.80.31.22 816.00 WWTP - ELECTRICAL SUPPLIES - F 423.000.76.535.80.31.22 228.00 WWTP - NORTHWEST FOG FORUM 423.000.76.535.80.49.71 65.00 WWTP - HOME DEPOT PURCHASE 423.000.76.535.80.31.00 64.45 WWTP - WATER ENVIRONMENT FE 423.000.76.535.80.42.00 82.00 Total: 1,679.35 202332 5/23/2013 062693 US BANK 8313 ENG CREDIT CARD APRIL/MAY 201 Page: 33 Packet Page 68 of 178 vchlist Voucher List Page: 34 05/23/2013 7:36:17AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 202332 5/23/2013 062693 US BANK (Continued) Lemcke. Laptop Battery 001.000.67.532.20.48.00 38.28 Box Lunches for Eng Tech III Intervie\ 001.000.67.532.20.49.00 84.02 Total: 122.30 202333 5/23/2013 062693 US BANK 5593 CITY CLERK PURCHASE CARD Misc recorded documents 001.000.25.514.30.49.00 448.50 Recording of Utility Liens 421.000.74.534.80.49.00 808.50 Recording of Utility Liens 423.000.75.535.80.49.00 808.50 Total: 2,065.50 202334 5/23/2013 062693 US BANK 6045 Registration for Planning Law Registration for Planning Law 001.000.62.558.60.49.00 250.00 Total: 250.00 202335 5/23/2013 069836 VOLT SERVICE GROUP 29215996 WWTP - ADMINISTRATIVE ASSISTA WWTP - ADMINISTRATIVE ASSISTA 423.000.76.535.80.41.00 494.91 Total: 494.91 202336 5/23/2013 045800 WA MUNICIPAL CLERKS ASSOC 2013 WMCA MEMBERSHIP Membership Sandy Chase & Linda H, 001.000.25.514.30.49.00 150.00 Total: 150.00 202337 5/23/2013 073552 WELCO SALES LLC 5907 BUSINESS CARDS-PHIL WILLIAMS 250-00301 Business Cards -Phil Williams 001.000.65.519.91.31.00 14.00 250-00301 Kody McConnell 001.000.65.519.91.31.00 14.00 Page: 34 Packet Page 69 of 178 vchlist Voucher List Page: 35 05/23/2013 7:36:17AM City of Edmonds Bank code : usbank Voucher Date Vendor 202337 5/23/2013 073552 WELCO SALES LLC Invoice PO # Description/Account Amount (Continued) 250-00301 Carla Raymond 001.000.65.519.91.31.00 14.00 250-00301 Jim Stevens 001.000.66.518.30.49.00 14.00 250-00301 Tod Moles 422.000.72.531.90.31.00 14.00 250-00301 Chuck Hiatt 422.000.72.531.90.31.00 14.00 250-00301 Darren Browning 422.000.72.531.90.31.00 14.00 250-00301 Mike Johnson 422.000.72.531.90.31.00 14.00 250-00301 Jeff Whatmore 422.000.72.531.90.31.00 14.00 250-00301 Jim Waite 421.000.74.534.80.31.00 14.00 250-00301 Kris Kuhnhausen 421.000.74.534.80.31.00 14.00 250-00301 Linda McMurphy 421.000.74.534.80.31.00 14.00 250-00301 Rick Shore 421.000.74.534.80.31.00 14.00 250-00301 Tim Harris 423.000.75.535.80.31.00 14.00 250-00301 Mike Adams 423.000.75.535.80.31.00 14.00 250-00301 Pamela Randolph 423.000.76.535.80.31.41 14.00 250-00301 Erick Vaughan 423.000.76.535.80.31.41 14.00 250-00301 Les Krestel 423.000.76.535.80.31.41 14.00 250-00301 Curt Zuvela 423.000.76.535.80.31.41 14.00 Page: 35 Packet Page 70 of 178 vchlist Voucher List Page: 36 05/23/2013 7:36:17AM City of Edmonds Bank code : usbank Voucher Date Vendor 202337 5/23/2013 073552 WELCO SALES LLC 202338 5/23/2013 073552 WELCO SALES LLC Invoice PO # Description/Account Amount (Continued) 250-00301 Bob Barker 001.000.41.521.10.31.00 14.00 250-00301 Mike Bower 001.000.41.521.10.31.00 14.00 250-00301 Steve Morrison 001.000.41.521.10.31.00 14.00 250-00301 J.P. Robinson 001.000.41.521.10.31.00 14.00 250-00301 T.S. Shoemaker 001.000.41.521.10.31.00 14.00 9.5% Sales Tax 001.000.65.519.91.31.00 3.99 9.5% Sales Tax 001.000.66.518.30.49.00 1.33 9.5% Sales Tax 422.000.72.531.90.31.00 6.65 9.5% Sales Tax 421.000.74.534.80.31.00 5.32 9.5% Sales Tax 423.000.75.535.80.31.00 2.66 9.5% Sales Tax 423.000.76.535.80.31.41 5.32 9.5% Sales Tax 001.000.41.521.10.31.00 6.65 Total: 367.92 5910 UB - Printed Window Env (10,000) UB - Printed Window Env (10,000) 421.000.74.534.80.31.00 164.41 UB - Printed Window Env (10,000) 423.000.75.535.80.31.00 164.41 UB - Printed Window Env (10,000) 422.000.72.531.90.31.00 164.41 UB - Printed Return Envelopes (10,0( Page: 36 Packet Page 71 of 178 vchlist Voucher List Page: 37 05/23/2013 7:36:17AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 202338 5/23/2013 073552 WELCO SALES LLC (Continued) 421.000.74.534.80.31.00 132.97 UB - Printed Return Envelopes (10,0( 423.000.75.535.80.31.00 132.97 UB - Printed Return Envelopes (10,0( 422.000.72.531.90.31.00 132.98 9.5% Sales Tax 421.000.74.534.80.31.00 28.25 9.5% Sales Tax 423.000.75.535.80.31.00 28.25 9.5% Sales Tax 422.000.72.531.90.31.00 28.25 Total: 976.90 202339 5/23/2013 069691 WESTERN SYSTEMS 000023445 Traffic - Flasher Cap Dual Circuit Traffic - Flasher Cap Dual Circuit 111.000.68.542.64.31.00 222.48 Freight 111.000.68.542.64.31.00 11.11 9.5% Sales Tax 111.000.68.542.64.31.00 22.19 Total: 255.78 202340 5/23/2013 073739 WH PACIFIC INC 37348-06 E6MA.SERVICES THRU 03/31/13 E6MA.Services thru 03/31/13 129.000.24.595.70.41.00 2,202.13 Total: 2,202.13 112 Vouchers for bank code : usbank Bank total : 865,153.66 112 Vouchers in this report Total vouchers : 865,153.66 Page: 37 Packet Page 72 of 178 vchlist Voucher List Page: 38 05/23/2013 7:36:17AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount Page: 38 Packet Page 73 of 178 PROJECT NUMBERS (By Project Title) Project Engineering Accounting Project Funding Proiect Title Number Number FAC Edmonds Museum Exterior Repairs Project c327 EOLA FAC Senior Center Roof Repairs c332 EOLB General SR99 Enhancement Program c238 E6MA General SR104 Telecommunications Conduit Crossing c372 ElEA PM Dayton Street Plaza c276 E7MA PM Fourth Avenue Cultural Corridor c282 EBMA PM Interurban Trail c146 E2DB PM Marina Beach Additional Parking c290 EBMB PM Senior Center Parking Lot & Landscaping Improvements c321 E9MA STM 2012 Citywide Storm Drainage Improvements c382 E2FE STM Dayton Street & SR104 Storm Drainage Alternatives c374 E1 FM STM Edmonds Marsh Feasibility Study c380 E2FC STM NPDES m013 E7FG STM Perrinville Creek Culvert Replacement c376 E1 FN STM Public Facilities Water Quality Upgrades c339 E1 FD STM Storm Contribution to Transportation Projects c341 E1 FF STM Stormwater Development Review Support (NPDES Capacity) c349 E1 FH STM Stormwater GIS Support c326 EOFC STM SW Edmonds-105th/106th Ave W Storm Improvements c336 E1 FA STM Talbot Road/Perrinville Creek Drainage Improvements c307 E9FB STM Lake Ballinger Associated Projects 2012 c381 E2FD STM North Talbot Road Drainage Improvements c378 E2FA STM SW Edmonds Basin #3-238th St. SW to Hickman Park Infiltration System c379 E2FB STR 100th Ave W/Firdale Ave/238th St. SW/Traffic Signal Upgrade c329 EOAA STR 2009 Street Overlay Program c294 E9CA STR 2011 Residential Neighborhood Traffic Calming c343 E1AB STR 226th Street Walkway Project c312 E9DA STR 228th St. SW Corridor Improvements i005 E7AC STR 76th Ave W at 212th St SW Intersection Improvements c368 E1CA STR 76th Avenue West/75th Place West Walkway Project c245 E6DA STR 9th Avenue Improvement Project c392 E2AB STR Caspers/Ninth Avenue/Puget Drive (SR524) Walkway Project c256 E6DB STR Five Corners Roundabout (212th Street SW @ 84th Avenue W) c342 E1AA STR Main Street Lighting and Sidewalk Enhancements c265 E7AA Revised 5/23/2013 Packet Page 74 of 178 PROJECT NUMBERS (By Project Title) Project Engineering Accounting Project Funding Proiect Title Number Number STR Shell Valley Emergency Access Road c268 E7CB STR Sunset Walkway Improvements c354 E1 DA STR Transportation Plan Update c391 E2AA SWR 2012 Sanitary Sewer Comp Plan Update c369 E2GA SWR 2013 Sewerline Replacement Project c398 E3GA SWR Alder/Dellwood/Beach PI/224th St. Sewer Replacement c347 E1GA SWR Alder Sanitary Sewer Pipe Rehabilitation c390 E2GB SWR BNSF Double Track Project c300 EBGC SWR City -Wide Sewer Improvements c301 EBGD SWR Lift Station 2 Improvements (Separated from L/s 13 - 09/01/08) c298 EBGA SWR OVD Sewer Lateral Improvements c142 E3GB SWR Sewer Lift Station Rehabilitation Design c304 E9GA WTR Sewer, Water, Stormwater Revenue Requirements Update c370 E1GB WTR 2010 Waterline Replacement Program c363 EOJA WTR 2011 Waterline Replacement Program c333 E1JA WTR 2012 Waterline Overlay Program c388 E2CA WTR 2012 Waterline Replacement Program c340 E1JE WTR 2013 Waterline Replacement Program c397 E3JA WTR 5th Avenue Overlay Project c399 E2CC WTR 76th Ave W Waterline Extension with Lynnwood c344 E1JB WTR AWD Intertie and Reservoir Improvements c324 EOIA WTR Edmonds General Facilities Charge Study c345 E1JC WTR Main Street Watermain c375 E1JK WTR OVD Watermain Improvements c141 E3JB WTR Pioneer Way Road Repair c389 E2CB WTR PRV Station 11 and 12 Abandonment c346 E1JD Revised 5/23/2013 Packet Page 75 of 178 PROJECT NUMBERS (By Engineering Number) Engineering Project Project Accounting Funding Number Number Protect Title WWTP N/A c385 WWTP Switchgear Upgrade EOAA c329 100th Ave W/Firdale Ave/238th St. SW/Traffic Signal Upgrade STM EOFC c326 Stormwater GIS Support KWTR EOIA c324 AWD Intertie and Reservoir Improvements WTR EOJA c363 2010 Waterline Replacement Program OLAr c32 Edmonds Museum Exterior Repairs Project FAC EOLB c332 Senior Center Roof Repairs S ers Roundabout (212th Street Sa@ 84th Avenue W) STIR E1AB c343 2011 Residential Neiahborhood Traffic Calmina 76th Ave W at 212th St SW Intersection Improvements STIR E1DA c354 Sunset Wal SR104 Telecommunications Conduit Crossing STM E1 FA c336 SW Edmonds-1 05th/1 06th Ave W Storm Improvements Public Facilities Water Quality Upgrades STM E1 FF c341 Storm Contribution to Transportation Projects tormwater Development Review Support (NPDES Capacity) STM E1 FM c374 Dayton Street & SR104 Storm Drainage Alternatives E1 FN rrinville Creek Culvert Replacement SWR E1GA c347 2012 Sewermain-Alder/Dellwood/Beach PI/224th St. Sewer Replacement Water, Stormwater Revenue Requirements Upda nowSewer, WTR E1JA c333 2011 Waterline Replacement Program 76th Ave W Waterline Extension with nwood WTR E1JC c345 Edmonds General Facilities Charge Study 1111�PRV Station 11 a Bandon WTR E1JE c340 2012 Waterline Replacement Program E1JK In Street Watermain STIR E2AA c391 Transportation Plan Update 9th Avenue Improvement Project STIR E2AC c404 Citywide Safety Improvements E2AD Hwy 99 Enhancements (Phase III) WTR E2CA c388 2012 Waterline Overlay Program Pioneer Way Road Repa STIR E2CC c399 5th Ave Overlav Proiect STM E2FA c378 North Talbot Road Draina SW Edmonds Basin #3-238th St. SW to Hickman Park Infiltration System STM E2FC c380 Edmonds Marsh Feasibility Study Revised 5/23/2013 Packet Page 76 of 178 PROJECT NUMBERS (By Engineering Number) Engineering Protect Funding Number STM E2FE SWR E2GB EYA STM E3FB Project Accounting Number Project Title c381 Lake Ballinger Associated Projects 2012 c382 2012 Citywide Storm Drainage Improvements c369J&12 Sanitary Sewer Comp Plan Update Am c390 Alder Sanitary Sewer Pipe Rehabilitation c406 1%013 Citywide Drainage Replacement c407 2013 Lake Ballinger Basin Study & Associated Projects AW E3FC c408 ��reek Stor�v Reductrofit Sfudy STM EYD c409 Dayton Street Storm Improvements (6th Ave - 8th Ave) orthstream Pipe Abandonement on Puget Drive SWR E3GA c398 2013 Sewerline Replacement Project OVD Sewer Lateral Improvements * _ WTR E3JA c397 2013 Waterline Replacement Program OVD Watermain Improvements STIR E61DA c245 76th Avenue West/75th Place West Walkway Project c256 Caspers/Ninth Avenue/Puget Drive (SR524) Walkway Project General E6MA c238 SR99 Enhancement Program E7AA Main Street LightipjLand_§ygwalk Enhancements STIR E7AC i005 228th St. SW Corridor Improvements _ E7CB hell Valley Emergency ccess Road STM E7FG m013 NPDES E7MA ayton Street Plaza SWR E8GA c298 Lift Station 2 Improvements (Separated from Us 13 - 09/01/08) E8GC NSF Double Track Project SWR E8GD c301 City -Wide Sewer Improvements PM E8MA ourth Avenue Cultural Corridor PM E8MB c290 Marina Beach Additional Parking 2009 Street Overlay Program STIR E91DA c312 226th Street Walkway Project c307 Talbot Rd. Storm Drain Project/Perrinville Creek Mitigation SWR E9GA c304 Sewer Lift Station Rehabilitation Design Senior Center Parking Lot & Landscaping Improvements Revised 5/23/2013 Packet Page 77 of 178 PROJECT NUMBERS (By New Project Accounting Number) Project Engineering Accounting Project Funding Number Number Project Title WTR c141 E3JB OVD Watermain Improvements SWR c142 E3GB OVD Sewer Lateral Improvements PM c146 E2DB Interurban Trail General c238 E6MA SR99 Enhancement Program STIR c245 E6DA 76th Avenue West/75th Place West Walkway Project STIR c256 E6DB Caspers/Ninth Avenue/Puget Drive (SR524) Walkway Project STIR c265 E7AA Main Street Lighting and Sidewalk Enhancements STIR c268 E7CB Shell Valley Emergency Access Road PM c276 E7MA Dayton Street Plaza PM c282 EBMA Fourth Avenue Cultural Corridor PM c290 EBMB Marina Beach Additional Parking STIR c294 E9CA 2009 Street Overlay Program SWR c298 EBGA Lift Station 2 Improvements (Separated from L/s 13 - 09/01/08) SWR c300 EBGC BNSF Double Track Project SWR c301 EBGD City -Wide Sewer Improvements SWR c304 E9GA Sewer Lift Station Rehabilitation Design STM c307 E9FB Talbot Rd. Storm Drain Project/Perrinville Creek Mitigation STIR c312 E9DA 226th Street Walkway Project PM c321 E9MA Senior Center Parking Lot & Landscaping Improvements WTR c324 EOIA AWD Intertie and Reservoir Improvements STM c326 EOFC Stormwater GIS Support FAC c327 EOLA Edmonds Museum Exterior Repairs Project STIR c329 EOAA 100th Ave W/Firdale Ave/238th St. SW/Traffic Signal Upgrade FAC c332 EOLB Senior Center Roof Repairs WTR c333 E1JA 2011 Waterline Replacement Program STM c336 E1 FA SW Edmonds-105th/106th Ave W Storm Improvements STM c339 E1 FD Public Facilities Water Quality Upgrades WTR c340 E1JE 2012 Waterline Replacement Program STM c341 E1 FF Storm Contribution to Transportation Projects STR c342 E1AA Five Corners Roundabout (212th Street SW @ 84th Avenue W) STIR c343 E1AB 2011 Residential Neighborhood Traffic Calming WTR c344 E1JB 76th Ave W Waterline Extension with Lynnwood WTR c345 E1JC Edmonds General Facilities Charge Study Revised 5/23/2013 Packet Page 78 of 178 PROJECT NUMBERS (By New Project Accounting Number) Project Engineering Accounting Project Funding Number Number Project Title WTR c346 E1JD PRV Station 11 and 12 Abandonment SWR c347 E1GA 2012 Sewermain-Alder/Dellwood/Beach PI/224th St. Sewer Replacement STM c349 E1 FH Stormwater Development Review Support (NPDES Capacity) STIR c354 E1 DA Sunset Walkway Improvements WTR c363 EOJA 2010 Waterline Replacement Program STIR c368 E1CA 76th Ave W at 212th St SW Intersection Improvements SWR c369 E2GA 2012 Sanitary Sewer Comp Plan Update WTR c370 E1GB Sewer, Water, Stormwater Revenue Requirements Update General c372 ElEA SR104 Telecommunications Conduit Crossing STM c374 E1 FM Dayton Street & SR104 Storm Drainage Alternatives WTR c375 E1JK Main Street Watermain STM c376 E1 FN Perrinville Creek Culvert Replacement STM c378 E21FA North Talbot Road Drainage Improvements STM c379 E2FB SW Edmonds Basin #3-238th St. SW to Hickman Park Infiltration System STM c380 E2FC Edmonds Marsh Feasibility Study STM c381 E2FD Lake Ballinger Associated Projects 2012 STM c382 E21FE 2012 Citywide Storm Drainage Improvements WWTP c385 N/A WWTP Switchgear Upgrade WTR c388 E2CA 2012 Waterline Overlay Program WTR c389 E2CB Pioneer Way Road Repair SWR c390 E2GB Alder Sanitary Sewer Pipe Rehabilitation STIR c391 E2AA Transportation Plan Update STIR c392 E2AB 9th Avenue Improvement Project WTR c397 E3JA 2013 Waterline Replacement Program SWR c398 E3GA 2013 Sewerline Replacement Project STIR c399 E2CC 5th Ave Overlay Project STIR c404 E2AC Citywide Safety Improvements STIR c405 E2AD Hwy 99 Enhancements (Phase III) STM c406 EYA 2013 Citywide Drainage Replacement STM c407 E3FB 2013 Lake Ballinger Basin Study & Associated Projects STM c408 E3FC Perrinville Creek Stormwater Flow Reduction Retrofit Study STM c409 E3FD Dayton Street Storm Improvements (6th Ave - 8th Ave) STM c410 E31FE Northstream Pipe Abandonement on Puget Drive STIR i005 E7AC 228th St. SW Corridor Improvements Revised 5/23/2013 Packet Page 79 of 178 PROJECT NUMBERS (By New Project Accounting Number) Project Engineering Accounting Project Funding Number Number Project Title STM m013 E7FG NPDES Revised 5/23/2013 Packet Page 80 of 178 PROJECT NUMBERS (By Project Title) Project Engineering Accounting Project Funding Proiect Title Number Number STR 100th Ave W/Firdale Ave/238th St. SW/Traffic Signal Upgrade c329 EOAA STR 2009 Street Overlay Program c294 E9CA WTR 2010 Waterline Replacement Program c363 EOJA STR 2011 Residential Neighborhood Traffic Calming c343 E1AB WTR 2011 Waterline Replacement Program c333 E1JA STM 2012 Citywide Storm Drainage Improvements c382 E2FE SWR 2012 Sanitary Sewer Comp Plan Update c369 E2GA SWR 2012 Sewermain-Alder/Dellwood/Beach PI/224th St. Sewer Replacement c347 E1GA WTR 2012 Waterline Overlay Program c388 E2CA WTR 2012 Waterline Replacement Program c340 E1JE STM 2013 Citywide Drainage Replacement c406 E3FA STM 2013 Lake Ballinger Basin Study & Associated Projects c407 E3FB SWR 2013 Sewerline Replacement Project c398 E3GA WTR 2013 Waterline Replacement Program c397 E3JA STR 226th Street Walkway Project c312 E9DA STR 228th St. SW Corridor Improvements i005 E7AC STR 5th Ave Overlay Project c399 E2CC STR 76th Ave W at 212th St SW Intersection Improvements c368 E1 CA WTR 76th Ave W Waterline Extension with Lynnwood c344 E1JB STR 76th Avenue West/75th Place West Walkway Project c245 E6DA STR 9th Avenue Improvement Project c392 E2AB SWR Alder Sanitary Sewer Pipe Rehabilitation c390 E2GB WTR AWD Intertie and Reservoir Improvements c324 EOIA SWR BNSF Double Track Project c300 EBGC STR Caspers/Ninth Avenue/Puget Drive (SR524) Walkway Project c256 E6DB STR Citywide Safety Improvements c404 E2AC SWR City -Wide Sewer Improvements c301 EBGD STM Dayton Street & SR104 Storm Drainage Alternatives c374 E1 FM PM Dayton Street Plaza c276 E7MA STM Dayton Street Storm Improvements (6th Ave - 8th Ave) c409 E3FD WTR Edmonds General Facilities Charge Study c345 E1JC STM Edmonds Marsh Feasibility Study c380 E2FC FAC Edmonds Museum Exterior Repairs Project c327 EOLA STR Five Corners Roundabout (212th Street SW @ 84th Avenue W) c342 E1AA Revised 5/23/2013 Packet Page 81 of 178 PROJECT NUMBERS (By Project Title) Project Engineering Accounting Project Funding Proiect Title Number Number PM Fourth Avenue Cultural Corridor c282 EBMA STR Hwy 99 Enhancements (Phase III) c405 E2AD PM Interurban Trail c146 E2DB STM Lake Ballinger Associated Projects 2012 c381 E2FD SWR Lift Station 2 Improvements (Separated from L/s 13 - 09/01/08) c298 EBGA STR Main Street Lighting and Sidewalk Enhancements c265 E7AA WTR Main Street Watermain c375 E1JK PM Marina Beach Additional Parking c290 EBMB STM North Talbot Road Drainage Improvements c378 E2FA STM Northstream Pipe Abandonement on Puget Drive c410 E3FE STM NPDES m013 E7FG SWR OVD Sewer Lateral Improvements c142 E3GB WTR OVD Watermain Improvements c141 E3JB STM Perrinville Creek Culvert Replacement c376 E1 FN STM Perrinville Creek Stormwater Flow Reduction Retrofit Study c408 E3FC WTR Pioneer Way Road Repair c389 E2CB WTR PRV Station 11 and 12 Abandonment c346 E1JD STM Public Facilities Water Quality Upgrades c339 E1 FD PM Senior Center Parking Lot & Landscaping Improvements c321 E9MA FAC Senior Center Roof Repairs c332 EOLB SWR Sewer Lift Station Rehabilitation Design c304 E9GA WTR Sewer, Water, Stormwater Revenue Requirements Update c370 E1GB STR Shell Valley Emergency Access Road c268 E7CB General SR104 Telecommunications Conduit Crossing c372 ElEA General SR99 Enhancement Program c238 E6MA STM Storm Contribution to Transportation Projects c341 E1 FF STM Stormwater Development Review Support (NPDES Capacity) c349 E1 FH STM Stormwater GIS Support c326 EOFC STR Sunset Walkway Improvements c354 E1 DA STM SW Edmonds Basin #3-238th St. SW to Hickman Park Infiltration System c379 E2FB STM SW Edmonds-105th/106th Ave W Storm Improvements c336 E1 FA WWTP WWTP Switchgear Upgrade c385 N/A STM Talbot Rd. Storm Drain Project/Perrinville Creek Mitigation c307 E9FB STR Transportation Plan Update c391 E2AA Revised 5/23/2013 Packet Page 82 of 178 PROJECT NUMBERS (Phase and Task Numbers) Phases and Tasks (Enaineerina Division Phase Title ct Construction ds Design pl Preliminary sa Site Acquisition & Prep st Study ro Right -of -Way Task Title 196 Traffic Engineering & Studies 197 MAIT 198 CTR 199 Engineering Plans & Services 950 Engineering Staff Time 970 Construction Management 981 Contract 990 Miscellaneous 991 Retainage stm Engineering Staff Time -Storm str Engineering Staff Time -Street swr Engineering Staff Time -Sewer wtr Engineering Staff Time -Water prk Engineering Staff Time -Park Packet Page 83 of 178 AM-5782 City Council Meeting Meeting Date: 05/28/2013 Time: Submitted By: Sandy Chase Department: City Clerk's Office Review Committee: Type: Action Information Committee Action: 5. C. Subject Title Acknowledge receipt of a Claim for Damages from Thomas J. Paulson (amount undetermined). Recommendation Acknowledge receipt of the Claim for Damages by minute entry. Previous Council Action N/A Narrative A Claim for Damages has been received from the following: Thomas J. Paulson 20810 Hwy 99, #4 Lynnwood, WA Attachments Claim for Damages - Paulson Form Review Inbox Reviewed By Mayor Dave Earling Finalize for Agenda Sandy Chase Fonn Started By: Sandy Chase Final Approval Date: 05/23/2013 Date 05/22/2013 10:15 AM 05/23/2013 09:00 AM Started On: 05/17/2013 02:58 PM Packet Page 84 of 178 CITY OF EDMONDS CLAIM FOR DAMAGES FORM Date Claim Form Received by City 3 =I-0 eel Please take note that �s �� -f�� who currently resides at C _ '/h'6 �daaa W21 ' mailing address home phone # �/z�' ' Of" work phone # and who resided at at the time of the occurrence and whose date of birth is 7— 41L, Sl , is claiming damages against r r � L�r�iic•� `I� in the sum of $ �i'�iri�i%/iiOr arising out of the following circumstances listed below. DATE OF OCCURRENCE: -Z Z O � _ TIME: F • 26, 2x' /`t7 LOCATION OF OCCURRENCE: DESCRIPTION: Describe the conduct and circumstance that brought about the injury or damage. Also describe the injury or damage. (attach an extra sheet for additional information, if needed) 2. Provide a list of witnesses, if applicable, to the occurrence including names, addresses, and phone numbers. 3. Attach copies of all documentation relating to expenses, injuries, losses, and/or estimates for repair. Have you submitted a claim for damages to your insurance company? Yes 'k— No If so, please provide the name of the insurance company: and the policy #: License Plate # Type Auto: * * ADDITIONAL INFORMATION REQUIRED FOR AUTOMOBILE CLAIMS ONLY * * Driver License # (year) (make) (model) DRIVER: OWNER: Address: Address: Phone#: Phone#: Passengers: Name: Name: Address: Address: RECEIVED MAY 16 2013 !e Form Revised 07/16/09 Packet Page 85 of 178 OFFICE OF THE MAYOR page 1 of 2 * * NOTE: THIS FORM MUST BE SIGNED AND NOTARIZED * * �7 I, Jd being first duly sworn, depose and say that I am the claimant for the above described; that I have read the above claim, know the contents thereof and believe the same to be true. x x 4 Signature of Claimant(s) state of Was g n County of 'h� OYKIS I certify that I know or have satisfactory evidence that �hAS is f�is the person who appeared before me, and said person acknowledged that (he/sVe) signed this instrument and acknowledged it to be (his/h/r) free and voluntary act for the uses and purposes mentioned in the instrument. Dated: KWSTI L. RATUFF Signature[1� NOTARY p V STATE OF WAOMTON Title cowmSS" EXPIRES My appointment expires: r _ AIdVEMB�R 1 i, �415 Please present the completed claim form to City Clerk's Office City of Edmonds 121 5th Avenue North Edmonds, WA, 98020 8:00 a.m. to 4:30 p.m. Form Revised 07/16/09 Packet Page 86 of 178 Page 2 of 2 WAWD CM/ECF Version 5.1.1 Page 1 of 1 Orders on Motions 2:12-cv-01636-JLR Paulson v. City of Edmonds et al CASREF,JURYDEMAND U.S. District Court United States District Court for the Western District of Washington Notice of Electronic Filing The following transaction was entered on 2/6/2013 at 2:38 PM PST and filed on 2/6/2013 Case Name: Paulson v. City of Edmonds et al Case Number: 12-L� U 1636-SL1" 1 �� Filer: WARNING: CASE CLOSED on 02/06/2013 1 U Document Number: 44 10 vf Docket Text: ! ORDER On Plaintiffs Notice of Voluntary Dismissal [39] Motion to Dismiss. DISMISSES WITHOUT PREJUDICE the case in its entirety, and DENIES as MOOT the Citys motion to dismiss (Dkt # 40), as well as all of Mr. Paulsons pending motions (Dkt. ## 31, 32, 33, 35, 36, 37, 38), by Judge James L. Robart.(MD, mailed copy of order to pltf) 2:12-cv-01636-JLR Notice has been electronically mailed to: Amanda Gabrielle Butler abutler@kbmlawyers.com, dnylund@kbmlawyers.com 2:12-cv-01636-JLR Notice will not be electronically mailed to: Thomas J Paulson 20810 HWY 99 #4 LYNNWOOD, WA 98036 The following document(s) are associated with this transaction: Document description: Main Document Original filename:n/a Electronic document Stamp: [STAMP dcecfStamp_ID=1035929271 [Date=2/6/2013] [FileNumber=4597048-0] [0b6cf525ca472bf854f20fb154a427b5ffc33a708de52ad6de6477846cdc50384f7a ald32090270ed4df4a57c2492147768b3c5fa8d66c0634f613b3df5ca69a]] https�4ga W.gire7g.dcn/cgi-bin/Dispatch.pl?841897055147331 2/6/2013 AM-5781 City Council Meeting Meeting Date: 05/28/2013 Time: Consent Submitted By: Al Compaan Department: Police Department Committee: Type: Information Subiect Title Interlocal Agreement - North Sound Metro SWAT Recommendation Approve ILA for Mayor's signature. Action 5. D. Previous Council Action Reviewed by Public Safety -Personnel Committee on May 14, 2013 and approved for Consent Agenda. Narrative Interlocal agreement for SWAT (Special Weapons and Tactics) that is presently in place (approved by Council in December 2011) represents a partnership between Edmonds and the cities of Bothell, Lake Forest Park, Lynnwood, Monroe, and Mountlake Terrace. The new ILA will bring the cities of Kirkland and Mill Creek into the integrated team. Other minor changes to the existing ILA pertain to structure and administration of the integrated team. Fiscal Year: Fiscal Impact RPvPnni Fiscal Impact: Edmonds' cost share for SWAT participation already built into approved 2013 budget. ILA SWAT Red Line Version ILA SWAT Final ILA SWAT Signature Page Inbox Reviewed By City Clerk Sandy Chase Mayor Dave Earling Finalize for Agenda Sandy Chase Form Started By: Al Compaan Final Approval Date: 05/23/2013 Attarhmontc Form Review Date 05/21/2013 09:11 AM 05/22/2013 10:16 AM 05/23/2013 09:00 AM Started On: 05/17/2013 11:50 AM Expenditure: Packet Page 88 of 178 Packet Page 89 of 178 INTERLOCAL AGREEMENTBETWEEN THE CITIES OF BOTHELL, EDMONDS, KIRKLAND, LAKE FOREST PARK, LYNNWOOD, MILL CREEK, MONROE AND MOUNTLAKE TERRACE; FOR THE NORTH SOUND METRO SPECIAL WEAPONS AND TACTICS (SWAT)/ CRISIS NEGOTIATING TEAM (CNT) THIS INTERLOCAL AGREEMENT (Agreement) is entered into by and between the City of Bothell, a Washington municipal corporation (Bothell), the City of Edmonds, a Washington municipal corporation (Edmonds), the City of Kirkland, a Washington municipal corporation (Kirkland), the City of Lake Forest Park, a Washington municipal corporation (Lake Forest Park), the City of Lynnwood, a Washington municipal corporation (Lynnwood), the City of Mill Creek, a Washington municipal corporation (Mill Creek), the City of Monroe, a Washington municipal corporation (Monroe), and the City of Mountlake Terrace, a Washington municipal corporation (Mountlake Terrace), (collectively referred to hereinafter as Parties or Cities). WHEREAS, the Cities are public agencies as defined by RCW Chapter 39.34 and RCW Chapter 10.93, and are authorized to enter into interlocal agreements to provide for joint or cooperative actions to provide services and facilities in a manner and pursuant to forms of governmental organization that will accord best with geographic, economic, population and other factors influencing the needs and development of local communities; and WHEREAS, incidents of a serious criminal nature do occur which require a need for a specially trained and equipped unit to effectively resolve the situation. These incidents create a demand upon the undersigned Cities respective to resources which are better and more economically served by combining resources to form a joint specialty team called the NORTH SOUND METRO SPECIAL WEAPONS AND TACTICS, (hereinafter SWAT Team); and WHEREAS, the SWAT Team shall be specially trained and equipped to provide a cooperative and joint effort among the undersigned Cities' police departments to respond to and resolve criminal activity of a high risk nature in accordance with state and federal law. NOW, THEREFORE, be it agreed in accordance with RCW 39.34 and RCW 10.93: 1. CREATION AND AUTHORIZATION The undersigned Cities hereby create THE NORTH SOUND METRO SPECIAL WEAPONS AND TACTICS (SWAT) Team. The SWAT Team is hereby authorized and directed to achieve the objectives of this Agreement. 2. OBJECTIVE The primary objective of the SWAT Team is to respond effectively and appropriately to incidents which create a significant and higher safety risk for officers/detectives in the field and the public. Page 1 of 12 Packet Page 90 of 178 3. EXECUTIVE BOARD/SWAT STRUCTURE The undersigned Cities hereby create an Executive Board (Board) to direct the SWAT Team. The Executive Board shall be comprised of the Police Chiefs of all participating Cities. Based upon recommendations from the SWAT Commander and or Board members, the Board reviews and approves changes and updates to the SWAT Policy and Procedures Manual (SWAT Policy) and also provides approval and gives direction on operational matters as presented and requested by the SWAT Team Commander. Each member of the Board shall have an equal vote and voice on all Board decisions. All decisions, except those related to the SWAT Policy and Procedure manual, shall be made by a majority of voting Board members, provided a quorum of five (5) Board members are present. SWAT Policy and Procedure decisions shall require a unanimous vote from all Board members. The Board will meet at least once a quarter. 3.1 SWAT Team Structure 3.1.1 The goal of the SWAT Team is to have a minimum of twenty-four (24) trained officers and one (1) Command Level Officer (SWAT Team Commander). Staffing shall be proportional to the size of the participating city police department's commissioned strength and the ability of that police department to staff positions. 3.1.2 When subsequent attrition occurs in the SWAT Team, such vacancies shall be filled based on a mutually agreed to and managed selection process approved by the Board. 3.1.3 The Board will determine the host police department for the SWAT Team and the selection of the SWAT Team Commander. The SWAT Team Commander will recommend appointments for the positions of Assistant SWAT Team Commander and SWAT Team Leader(s) to the Board who shall have final approval. 3.1.4 Incident command shall be the responsibility of the police department of jurisdiction in which the incident occurs. The police department of jurisdiction may delegate incident command responsibility to the SWAT Team Commander, or an appointed designee in his absence, but will still be required to provide a liaison to the SWAT Team Commander for the duration of the event. 3.1.5 Distraction devices, gas munitions, and entrance explosives will be stored and handled per the SWAT Policy and Procedures manual and other applicable state and federal laws and regulations. Page 2 of 12 Packet Page 91 of 178 3.1.6 The general specifications of SWAT equipment/weapons will be contained within the SWAT Policy and Procedures manual. 3.1.7 SWAT policies and procedures will be standardized and agreed to by all participating Board members including any modifications or amendments thereto. Each Board member understands that SWAT, when activated in their respective jurisdictions, will act in accordance with the SWAT Policy and Procedures manual, as unanimously approved by the Board. 3.1.8 Except as provided herein, all personnel are deemed to be continuing employment for their respective employers when activated as members of the functionally consolidated SWAT Team. Each participating City shall be solely and exclusively responsible for the compensation, benefits, and training expenses for those personnel. All rights, duties, and obligations of the employer and the employee shall remain with that participating City. Each City shall be responsible for ensuring compliance with all applicable laws with regard to employees and with provisions on any applicable collective bargaining agreements and civil service rules and regulations and its disciplinary policies and procedures. 3.1.9 During field activation of the SWAT Team, an Incident Commander, SWAT Team Commander and SWAT Team Leader(s) will be designated. The duties and procedures to be utilized by the Incident Commander, SWAT Team Commander and SWAT Team Leader(s) shall be set forth in the SWAT Policy and Procedures manual approved by the Board. 3.2. Team Composition The Board determines the SWAT Team composition and selection process. 3.3 Crisis Negotiating Teams There will be a Crisis Negotiating Team (CNT) component. The Board will determine the composition of the Team and associated selection criteria. 3.4 Policy Development and Review 3.4.1 The Board shall determine who will coordinate development of SWAT Team policies and procedures. At a minimum, such policies and procedures shall address: a. Appointment to Team/Team Composition b. Risk Analysis Assessments C. Special Procedures Page 3 of 12 Packet Page 92 of 178 d. Munitions Storage Policy/Equipment Considerations e. Diversionary Device Use and Deployment f. Firearms Qualification Standards g. Minimum Training Requirements/Fitness Standards h. Mutual Aid Responses 3.4.2 Following policy and procedure review and approval, the Bear-d shall forward copies of the SWAT Policy and Procedures manual will be provided to the police departments of participating Cities. 4. COST SHARINGBUDGET AND FINANCE The Parties agree to budget and finance provisions for costs incurred by or in connection with the operations of the SWAT Team, in accordance with the following: 4.1. For purposes of general administration, the Board shall determine which City shall be designated as the Host police department. That police department will coordinate budgetary expenditures with all participating Cities. 4.2. All costs associated with the initial and continued outfitting of a SWAT Team member, including but not limited to, clothing and weapons shall be the responsibility of the employing City of any team member. This equipment shall remain the property of the purchasing City. The maintenance and replacement of individual team member's equipment shall be the responsibility of the employing City. 4.3. Any overtime costs associated with all deployment operations or team training of SWAT Team members shall be the responsibility of the employing City of any team member. 4.4. All member participating Cities understand there is need for equipment, and/or training for specialty positions within the team, that may be utilized by any qualified team member during the course of operations or training. 4.5. Each participating City will provide an amount of money determined by the Board and approved through the budget processes of each participating City's legislative body for necessary purchases per calendar year for approved operational expenditures. The Board shall designate one (1) participating City which will establish a single SWAT Team operational budget. Participating Cities agree to leave any money left over from that calendar year in the SWAT operational budget, which will be held in the account to supplement/augment SWAT organizational operations with the approval of the Board. 4.6. By May of each year, the SWAT Team Commander will submit a proposed operational budget request for approval to the Board, itemizing anticipated team/specialty Page 4 of 12 Packet Page 93 of 178 training and team equipment purchase requests for the following budget cycle. Each participating City will then submit for review and consideration the proposed operational and team/specialty training and team equipment budget via their own budget process. All team/specialty equipment purchases made during the calendar year will be documented via an inventory database spreadsheet. Training and equipment for individual team members will be the responsibility of each participating City. 4.7. During unusual occurrences, emergency expenses outside the parameters of the approved SWAT Team operational budget can be approved and ratified by agreement with a quorum of the Board. These expenses will be incurred only out of operational necessity (i.e., additional overtime or supplies related to a SWAT operation). 4.8. All Parties intend that the budget and finance provision contained herein shall support the activities of SWAT Team operations and training. 5. LIABILITY FOR INDEMNIFICATION AND DEFENSE FROM THIRD PARTY CLAIMS 5.1 Equal Sharing of Liability The Cities agree that liability for the negligent or unintentionally tortious actions of the SWAT Team or any police officer or employee working for or on behalf of the SWAT Team be shared equally on an equal shares basis between the participating Cities. It is further the agreement of the Cities that no City should be required to pay more than an equal share of the cost of payment of any judgment or settlement for a liability claim which arises out of and is proximately caused by the actions of any officer, employee or City which is acting on behalf of or in support of the SWAT Team and acting within the scope of any person's employment or duties to said SWAT Team. This risk sharing agreement shall not apply to judgments against any party or officer for punitive damages or for damages resulting from intentionally tortious actions. This general agreement on liability sharing is subject to the following terms and conditions set for the below in Sections 5.2 to 5.10. 5.2 Hold Harmless Each City agrees to hold harmless and indemnify the other participating Cities from any loss, claim or liability arising from or out of the negligent or unintentional tortious actions or inactions of its officers and employees or each other as related to any SWAT Team activity. Such liability shall be apportioned among the Cities equally on an equal shares basis subject to any limitation set forth below. 5.3 Defense of Lawsuits Each City shall be responsible for selecting and retaining legal counsel for itself and for any employee of said City who is named in a lawsuit alleging liability arising out of Page 5 of 12 Packet Page 94 of 178 SWAT Team operations. Each City who retains counsel for itself and/or its officers and employees shall be responsible for paying the attorney's fees incurred by that counsel. The Cities shall not share costs of defense among each other unless they specifically agree to have one attorney representing all of them in any particular legal action. 5.4 Notice of Claims and Lawsuits and Settlements In the event that a lawsuit is brought against a participating City, its officers and employees for actions arising out of their conduct in support of the SWAT Team operations, it shall be the duty of each said City to notify the other Cities that said claims or lawsuit has been initiated. No settlement of any such claim or lawsuit by any single City shall require equal shares contribution by any City unless it was done with the knowledge and specific consent of the other participating Cities. Any settlement made by any individual City or member which does not have the consent of the other participating Cities to this Agreement will not require any sharing of payment of said settlement on behalf of the non -consenting Cities. 5.4.1 Settlement Procedure 5.4.1(1) Any City who believes that it would be liable for a settlement or judgment which should be equally shared by the other participating Cities to this Agreement shall have the burden of notifying each other participating City of all settlement demands made to that City and any claims and/or lawsuits naming that city and/or its officers and employees for what may be a joint liability. Furthermore, if the other participating Cities are not named as parties to the actions, it shall be the burden of the City named in the lawsuit to keep the other participating Cities fully apprised of all developments in the case and all settlements demands, mediations or any other efforts made towards settlement. Settlements require the specific consent of all participating Cities to this Agreement before any equal share obligations for payment by all participating Cities becomes effective. 5.4.1(2) No City shall enter into a settlement with a claimant or plaintiff unless said settlement ends the liability of all participants to this Agreement and on behalf of their respective employees and officers. It is the intent of this Agreement that the Cities act in good faith on behalf of each other in conducting settlement negotiations on liability claims or lawsuits so that, whenever possible, all Parties to this Agreement agree with the settlement costs or, in the alternative, that all Parties to this Agreement reject settlement demands and agree to go to trial and share equally in any judgment incurred as a result of the decision to go to trial. However, in the event that a settlement demand is presented to all the participating Cities to this Agreement and there is not unanimous consent to pay the settlement, then and only then the following results shall occur: Page 6 of 12 Packet Page 95 of 178 5.4.1(2)(1) The Cities shall be free to seek a separate settlement with the claimant and/or plaintiff which would eliminate the liability of that City and/or its officers and employees and, if such separate settlement is reached, that City would have no responsibility to pay any proportionate amount of any judgment rendered against the Cities and/or their officers and employees that did not settle. A City making a separate settlement would not have to pay any proportion amount of any subsequent settlement that others might reach. Any City making a separate settlement would have no right to seek any reimbursement or contribution for any portion of a settlement which said City had reached separately with the claimant and/or plaintiff. 5.5 Cooperation in Defense of Lawsuits The Cities and their respective defense counsel shall, to the extent reasonably legally possible and consistent with the best interests of their respective clients, cooperate in the defense of any lawsuit arising out of the operations of the SWAT Team and shall agree, wherever possible, to share non -attorney fee -related costs such as records gathering, preparation of trial exhibits, and the retention and payment of expert witnesses. 5.6 Payment of Judgments Unless there is an exception as provided in paragraphs 5.4.1(2) and 5.4.1(2)(1), it is the intention of the participating Cities under this Agreement to jointly pay any judgment on an equal share basis for any judgment against any officer and/or employee and/or City for negligence or unintentional tortious action arising out of their conduct in the course of their employment or duties as SWAT Team members or in support of such SWAT Team operations; regardless of what percentage of liability may be attributed to that participating City or its officers and employees by way of verdict or judgment, including the costs of any awarded plaintiff's attorney's fees and costs. It is the intent of the Parties to add up the total combined judgment against any participating City and/or officer and/or employee for compensatory damages and/or plaintiff's attorney's fees and costs and to divide said total combined judgment into equal shares and each City would then pay its equal share of the total combined judgment to satisfy the judgment. Any City which refused to pay its equal share would then be liable to the Cities who paid that City's share in order to satisfy a judgment plus any attorney's fees incurred in the collection of said monies from the non-paying City. 5.7 Nothing Herein Shall Require Or Be Interpreted To: 5.7.1 Waive any defense arising out of RCW Title 51. 5.7.2 Limit or restrict the ability of any City, officer or employee to exercise any right, defense or remedy which a party to a lawsuit may have with respect to claims of third parties, including, but not limited to, any good faith attempts to Page 7 of 12 Packet Page 96 of 178 seek dismissal of legal claims against a party by any proper means allowed under the civil rules in either state or federal court. 5.7.3 Cover or apportion or require proportionate payment of any judgment against any individual or City for intentionally wrongful conduct outside the scope of employment of any individual or for any judgment for punitive damages, fines or sanctions against any individual or City. Payment of punitive damage awards shall be the sole responsibility of the individual against whom said judgment is rendered and/or his or her municipal employer, should that employer elect to make said payment voluntarily. This Agreement does not require equal sharing of any punitive damage awards, fines or sanctions. 5.8 Insurance Coverage The Cities shall, to the best of their ability, coordinate their liability insurance coverage's and/or self -insured coverage's to the extent possible to fully implement and follow the Agreement set forth herein. However, the consent of any liability insurance carrier or self -insured pool or organization is not required to make this Agreement effective as between the member Cities signing this Agreement and the failure of any insurance carrier or self -insured pooling organization to agree or follow the terms of this provision on liability shall not relieve any individual City from its obligation under this Agreement. 6. NON -WAIVER A waiver by any City hereto of a breach of any other City hereto of any covenant or condition of this Agreement shall not impair the right of the City not in default to avail itself of any subsequent breach thereof. Leniency, delay or failure of any City to insist upon strict performance of any agreement, covenant or condition of this Agreement, or to exercise any right herein given in any one or more instances, shall not be construed as a waiver or relinquishment of any such agreement, covenant, condition or right. 7. AMENDMENTS This Agreement may only be amended by written agreement of all the undersigned Cities that have not terminated their respective participation under this Agreement. 8. SEVERABILITY Should any clause, phrase, sentence or paragraph of the Agreement or its application to any party or circumstance be declared invalid or void by a court of competent jurisdiction, the remaining provisions of this Agreement and/or their application to other parties and circumstances, not declared invalid or void, shall remain in full force and effect. 9. TERM AND TERMINATION Page 8 of 12 Packet Page 97 of 178 9.1 The minimum term of this Agreement shall be one (1) year, effective upon its adoption. This Agreement shall automatically extend for consecutive one (1) year terms without action of the legislative bodies of the participating jurisdictions, unless and until terminated pursuant to the terms of this Agreement. 9.2 Any Party may withdraw from and terminate participation under this Agreement upon the giving of thirty (30) calendar days advance written notice of intent to withdraw/terminate to the other Parties herein. Withdrawal during any calendar year shall not entitle the withdrawing Party to a reduction or refund with respect to funds budgeted for or otherwise committed with respect to the withdrawing Party for any calendar year. Termination of this Agreement and/or withdrawal of a Party shall not terminate Section 5 hereof with respect to the withdrawing Party as to any incident arising prior to the withdrawal of the Party and Section 5 shall survive the termination of this Agreement with respect to any cause of action, claim or liability arising on or prior to the date of termination. 9.3 A majority of the participating Cities may terminate this Agreement at any time. Such termination shall be set forth in a document signed by the authorized Chief Executive Officer or designee of a majority of the participating Cities. 9.4 Upon termination of this Agreement by the participating Cities, property used and/or in the possession of the SWAT Team pursuant to the terms and conditions of this Agreement, including but not limited to vehicles, equipment, firearms, ammunition and Class C low explosives, shall belong to and shall be returned to the City that provided or paid for such items. Items that were jointly purchased by the Cities will be distributed between the police departments on a basis agreed to in writing by the respective police chiefs. 9.5 In the event that a City withdraws from and terminates participation under this Agreement in accordance with Section 9.2, property that was paid for and/or provided by that City and was used and/or in the possession of the SWAT Team pursuant to the terms and conditions of this Agreement, including but not limited to vehicles, equipment, firearms, ammunition and Class C low explosives, shall belong to and shall be returned to the withdrawing/terminating City. Items that were jointly purchased by the Cities will continue to remain with and be available for use by the SWAT Team until such time that this Agreement is terminated in its entirety. Page 9 of 12 Packet Page 98 of 178 10. NOTICES AND CONTACTS Unless otherwise directed in writing, notices, reports, invoices, payments and other documents shall be delivered to each City as follows: City of Bothell Attn: Police Chief 18410 101" Ave., N.E. Bothell WA 98011 City of Kirkland Attn: Police Chief 123 5th Ave. Kirkland, WA 98033 City of Lynnwood Attn: Police Chief/Purchasing 19321 44th Ave., W. Lynnwood WA 98036 City of Monroe Attn: Police Chief 806 West Main Street Monroe WA 98272 City of Edmonds Attn: Police Chief 250 5th Ave., N. Edmonds WA 98020 City of Lake Forest Park Attn: Police Chief 17425 Ballinger Way, N.E. Lake Forest Park WA 98155 City of Mill Creek Attn: Police Chief 15728 Main St. Mill Creek, WA 98012 City of Mountlake Terrace Attn: Police Chief 5906 232°d St., S.W. Mountlake Terrace WA 98043 Notices mailed by any City shall be deemed effective on the date mailed. Any City may change its address for receipt of reports, notices, invoices, payments and other documents by giving the other Cities written notice of not less than seven (7) days prior to the effective date. 11. GOVERNING LAW This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 12. VENUE The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of Snohomish County, Washington. 13. EXECUTION This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original as against any party whose signature appears thereon, and all of which shall together constitute one and the same instrument. Page 10 of 12 Packet Page 99 of 178 14. FILING As provided by RCW 39.34.040, this Agreement shall be filed prior to its entry in force with the Snohomish County Auditor, or, alternatively, listed by subject on the website of each participating City. Dated this day of , 2013 Page 11 of 12 Packet Page 100 of 178 Element Leader SWAT Team Commander H.N.T. Asst. Team Team Leader MI Commander SWAT 1 Team Leader Asst. Team Aq_ sst. Team Leader 01 Leader Element Leader Element Leader 5 Person 5 Person 5 Person Element 0 Element 0 Element Sniper Element Leader 4 Person Sniper Element INTERLOCAL AGREEMENTBETWEEN THE CITIES OF BOTHELL, EDMONDS, KIRKLAND, LAKE FOREST PARK, LYNNWOOD, MILL CREEK, MONROE AND MOUNTLAKE TERRACE; FOR THE NORTH SOUND METRO SPECIAL WEAPONS AND TACTICS (SWAT)/ CRISIS NEGOTIATING TEAM (CNT) THIS INTERLOCAL AGREEMENT (Agreement) is entered into by and between the City of Bothell, a Washington municipal corporation (Bothell), the City of Edmonds, a Washington municipal corporation (Edmonds), the City of Kirkland, a Washington municipal corporation (Kirkland), the City of Lake Forest Park, a Washington municipal corporation (Lake Forest Park), the City of Lynnwood, a Washington municipal corporation (Lynnwood), the City of Mill Creek, a Washington municipal corporation (Mill Creek), the City of Monroe, a Washington municipal corporation (Monroe), and the City of Mountlake Terrace, a Washington municipal corporation (Mountlake Terrace), (collectively referred to hereinafter as Parties or Cities). WHEREAS, the Cities are public agencies as defined by RCW Chapter 39.34 and RCW Chapter 10.93, and are authorized to enter into interlocal agreements to provide for joint or cooperative actions to provide services and facilities in a manner and pursuant to forms of governmental organization that will accord best with geographic, economic, population and other factors influencing the needs and development of local communities; and WHEREAS, incidents of a serious criminal nature do occur which require a need for a specially trained and equipped unit to effectively resolve the situation. These incidents create a demand upon the undersigned Cities respective to resources which are better and more economically served by combining resources to form a joint specialty team called the NORTH SOUND METRO SPECIAL WEAPONS AND TACTICS, (hereinafter SWAT Team); and WHEREAS, the SWAT Team shall be specially trained and equipped to provide a cooperative and joint effort among the undersigned Cities' police departments to respond to and resolve criminal activity of a high risk nature in accordance with state and federal law. NOW, THEREFORE, be it agreed in accordance with RCW 39.34 and RCW 10.93: 1. CREATION AND AUTHORIZATION The undersigned Cities hereby create THE NORTH SOUND METRO SPECIAL WEAPONS AND TACTICS (SWAT) Team. The SWAT Team is hereby authorized and directed to achieve the objectives of this Agreement. 2. OBJECTIVE The primary objective of the SWAT Team is to respond effectively and appropriately to incidents which create a significant and higher safety risk for officers/detectives in the field and the public. Page 1 of 12 Packet Page 102 of 178 3. EXECUTIVE BOARD/SWAT STRUCTURE The undersigned Cities hereby create an Executive Board (Board) to direct the SWAT Team. The Executive Board shall be comprised of the Police Chiefs of all participating Cities. Based upon recommendations from the SWAT Commander and or Board members, the Board reviews and approves changes and updates to the SWAT Policy and Procedures Manual (SWAT Policy) and also provides approval and gives direction on operational matters as presented and requested by the SWAT Team Commander. Each member of the Board shall have an equal vote and voice on all Board decisions. All decisions, except those related to the SWAT Policy and Procedure manual, shall be made by a majority of voting Board members, provided a quorum of five (5) Board members are present. SWAT Policy and Procedure decisions shall require a unanimous vote from all Board members. The Board will meet at least once a quarter. 3.1 SWAT Team Structure 3.1.1 The goal of the SWAT Team is to have a minimum of twenty-four (24) trained officers and one (1) Command Level Officer (SWAT Team Commander). Staffing shall be proportional to the size of the participating city police department's commissioned strength and the ability of that police department to staff positions. 3.1.2 When subsequent attrition occurs in the SWAT Team, such vacancies shall be filled based on a mutually agreed to and managed selection process approved by the Board. 3.1.3 The Board will determine the host police department for the SWAT Team and the selection of the SWAT Team Commander. The SWAT Team Commander will recommend appointments for the positions of Assistant SWAT Team Commander and SWAT Team Leader(s) to the Board who shall have final approval. 3.1.4 Incident command shall be the responsibility of the police department of jurisdiction in which the incident occurs. The police department of jurisdiction may delegate incident command responsibility to the SWAT Team Commander, or an appointed designee in his absence, but will still be required to provide a liaison to the SWAT Team Commander for the duration of the event. 3.1.5 Distraction devices, gas munitions, and entrance explosives will be stored and handled per the SWAT Policy and Procedures manual and other applicable state and federal laws and regulations. Page 2 of 12 Packet Page 103 of 178 3.1.6 The general specifications of SWAT equipment/weapons will be contained within the SWAT Policy and Procedures manual. 3.1.7 SWAT policies and procedures will be standardized and agreed to by all participating Board members including any modifications or amendments thereto. Each Board member understands that SWAT, when activated in their respective jurisdictions, will act in accordance with the SWAT Policy and Procedures manual, as unanimously approved by the Board. 3.1.8 Except as provided herein, all personnel are deemed to be continuing employment for their respective employers when activated as members of the functionally consolidated SWAT Team. Each participating City shall be solely and exclusively responsible for the compensation, benefits, and training expenses for those personnel. All rights, duties, and obligations of the employer and the employee shall remain with that participating City. Each City shall be responsible for ensuring compliance with all applicable laws with regard to employees and with provisions on any applicable collective bargaining agreements and civil service rules and regulations and its disciplinary policies and procedures. 3.1.9 During field activation of the SWAT Team, an Incident Commander, SWAT Team Commander and SWAT Team Leader(s) will be designated. The duties and procedures to be utilized by the Incident Commander, SWAT Team Commander and SWAT Team Leader(s) shall be set forth in the SWAT Policy and Procedures manual approved by the Board. 3.2. Team Composition The Board determines the SWAT Team composition and selection process. 3.3 Crisis Negotiating Teams There will be a Crisis Negotiating Team (CNT) component. The Board will determine the composition of the Team and associated selection criteria. 3.4 Policy Development and Review 3.4.1 The Board shall determine who will coordinate development of SWAT Team policies and procedures. At a minimum, such policies and procedures shall address: a. Appointment to Team/Team Composition b. Risk Analysis Assessments C. Special Procedures Page 3 of 12 Packet Page 104 of 178 d. Munitions Storage Policy/Equipment Considerations e. Diversionary Device Use and Deployment f. Firearms Qualification Standards g. Minimum Training Requirements/Fitness Standards h. Mutual Aid Responses 3.4.2 Following policy and procedure review and approval, copies of the SWAT Policy and Procedures manual will be provided to the police departments of participating Cities. 4. COST SHARINGBUDGET AND FINANCE The Parties agree to budget and finance provisions for costs incurred by or in connection with the operations of the SWAT Team, in accordance with the following: 4.1. For purposes of general administration, the Board shall determine which City shall be designated as the Host police department. That police department will coordinate budgetary expenditures with all participating Cities. 4.2. All costs associated with the initial and continued outfitting of a SWAT Team member, including but not limited to, clothing and weapons shall be the responsibility of the employing City of any team member. This equipment shall remain the property of the purchasing City. The maintenance and replacement of individual team member's equipment shall be the responsibility of the employing City. 4.3. Any overtime costs associated with all deployment operations or team training of SWAT Team members shall be the responsibility of the employing City of any team member. 4.4. All member participating Cities understand there is need for equipment, and/or training for specialty positions within the team, that may be utilized by any qualified team member during the course of operations or training. 4.5. Each participating City will provide an amount of money determined by the Board and approved through the budget processes of each participating City's legislative body for necessary purchases per calendar year for approved operational expenditures. The Board shall designate one (1) participating City which will establish a single SWAT Team operational budget. Participating Cities agree to leave any money left over from that calendar year in the SWAT operational budget, which will be held in the account to supplement/augment SWAT organizational operations with the approval of the Board. 4.6. By May of each year, the SWAT Team Commander will submit a proposed operational budget request for approval to the Board, itemizing anticipated team/specialty Page 4 of 12 Packet Page 105 of 178 training and team equipment purchase requests for the following budget cycle. Each participating City will then submit for review and consideration the proposed operational and team/specialty training and team equipment budget via their own budget process. All team/specialty equipment purchases made during the calendar year will be documented via an inventory database spreadsheet. Training and equipment for individual team members will be the responsibility of each participating City. 4.7. During unusual occurrences, emergency expenses outside the parameters of the approved SWAT Team operational budget can be approved and ratified by agreement with a quorum of the Board. These expenses will be incurred only out of operational necessity (i.e., additional overtime or supplies related to a SWAT operation). 4.8. All Parties intend that the budget and finance provision contained herein shall support the activities of SWAT Team operations and training. 5. LIABILITY FOR INDEMNIFICATION AND DEFENSE FROM THIRD PARTY CLAIMS 5.1 Equal Sharing of Liability The Cities agree that liability for the negligent or unintentionally tortious actions of the SWAT Team or any police officer or employee working for or on behalf of the SWAT Team be shared equally on an equal shares basis between the participating Cities. It is further the agreement of the Cities that no City should be required to pay more than an equal share of the cost of payment of any judgment or settlement for a liability claim which arises out of and is proximately caused by the actions of any officer, employee or City which is acting on behalf of or in support of the SWAT Team and acting within the scope of any person's employment or duties to said SWAT Team. This risk sharing agreement shall not apply to judgments against any party or officer for punitive damages or for damages resulting from intentionally tortious actions. This general agreement on liability sharing is subject to the following terms and conditions set for the below in Sections 5.2 to 5.10. 5.2 Hold Harmless Each City agrees to hold harmless and indemnify the other participating Cities from any loss, claim or liability arising from or out of the negligent or unintentional tortious actions or inactions of its officers and employees or each other as related to any SWAT Team activity. Such liability shall be apportioned among the Cities equally on an equal shares basis subject to any limitation set forth below. 5.3 Defense of Lawsuits Each City shall be responsible for selecting and retaining legal counsel for itself and for any employee of said City who is named in a lawsuit alleging liability arising out of Page 5 of 12 Packet Page 106 of 178 SWAT Team operations. Each City who retains counsel for itself and/or its officers and employees shall be responsible for paying the attorney's fees incurred by that counsel. The Cities shall not share costs of defense among each other unless they specifically agree to have one attorney representing all of them in any particular legal action. 5.4 Notice of Claims and Lawsuits and Settlements In the event that a lawsuit is brought against a participating City, its officers and employees for actions arising out of their conduct in support of the SWAT Team operations, it shall be the duty of each said City to notify the other Cities that said claims or lawsuit has been initiated. No settlement of any such claim or lawsuit by any single City shall require equal shares contribution by any City unless it was done with the knowledge and specific consent of the other participating Cities. Any settlement made by any individual City or member which does not have the consent of the other participating Cities to this Agreement will not require any sharing of payment of said settlement on behalf of the non -consenting Cities. 5.4.1 Settlement Procedure 5.4.1(1) Any City who believes that it would be liable for a settlement or judgment which should be equally shared by the other participating Cities to this Agreement shall have the burden of notifying each other participating City of all settlement demands made to that City and any claims and/or lawsuits naming that city and/or its officers and employees for what may be a joint liability. Furthermore, if the other participating Cities are not named as parties to the actions, it shall be the burden of the City named in the lawsuit to keep the other participating Cities fully apprised of all developments in the case and all settlements demands, mediations or any other efforts made towards settlement. Settlements require the specific consent of all participating Cities to this Agreement before any equal share obligations for payment by all participating Cities becomes effective. 5.4.1(2) No City shall enter into a settlement with a claimant or plaintiff unless said settlement ends the liability of all participants to this Agreement and on behalf of their respective employees and officers. It is the intent of this Agreement that the Cities act in good faith on behalf of each other in conducting settlement negotiations on liability claims or lawsuits so that, whenever possible, all Parties to this Agreement agree with the settlement costs or, in the alternative, that all Parties to this Agreement reject settlement demands and agree to go to trial and share equally in any judgment incurred as a result of the decision to go to trial. However, in the event that a settlement demand is presented to all the participating Cities to this Agreement and there is not unanimous consent to pay the settlement, then and only then the following results shall occur: Page 6 of 12 Packet Page 107 of 178 5.4.1(2)(1) The Cities shall be free to seek a separate settlement with the claimant and/or plaintiff which would eliminate the liability of that City and/or its officers and employees and, if such separate settlement is reached, that City would have no responsibility to pay any proportionate amount of any judgment rendered against the Cities and/or their officers and employees that did not settle. A City making a separate settlement would not have to pay any proportion amount of any subsequent settlement that others might reach. Any City making a separate settlement would have no right to seek any reimbursement or contribution for any portion of a settlement which said City had reached separately with the claimant and/or plaintiff. 5.5 Cooperation in Defense of Lawsuits The Cities and their respective defense counsel shall, to the extent reasonably legally possible and consistent with the best interests of their respective clients, cooperate in the defense of any lawsuit arising out of the operations of the SWAT Team and shall agree, wherever possible, to share non -attorney fee -related costs such as records gathering, preparation of trial exhibits, and the retention and payment of expert witnesses. 5.6 Payment of Judgments Unless there is an exception as provided in paragraphs 5.4.1(2) and 5.4.1(2)(1), it is the intention of the participating Cities under this Agreement to jointly pay any judgment on an equal share basis for any judgment against any officer and/or employee and/or City for negligence or unintentional tortious action arising out of their conduct in the course of their employment or duties as SWAT Team members or in support of such SWAT Team operations; regardless of what percentage of liability may be attributed to that participating City or its officers and employees by way of verdict or judgment, including the costs of any awarded plaintiff's attorney's fees and costs. It is the intent of the Parties to add up the total combined judgment against any participating City and/or officer and/or employee for compensatory damages and/or plaintiff's attorney's fees and costs and to divide said total combined judgment into equal shares and each City would then pay its equal share of the total combined judgment to satisfy the judgment. Any City which refused to pay its equal share would then be liable to the Cities who paid that City's share in order to satisfy a judgment plus any attorney's fees incurred in the collection of said monies from the non-paying City. 5.7 Nothing Herein Shall Require Or Be Interpreted To: 5.7.1 Waive any defense arising out of RCW Title 51. 5.7.2 Limit or restrict the ability of any City, officer or employee to exercise any right, defense or remedy which a party to a lawsuit may have with respect to claims of third parties, including, but not limited to, any good faith attempts to Page 7 of 12 Packet Page 108 of 178 seek dismissal of legal claims against a party by any proper means allowed under the civil rules in either state or federal court. 5.7.3 Cover or apportion or require proportionate payment of any judgment against any individual or City for intentionally wrongful conduct outside the scope of employment of any individual or for any judgment for punitive damages, fines or sanctions against any individual or City. Payment of punitive damage awards shall be the sole responsibility of the individual against whom said judgment is rendered and/or his or her municipal employer, should that employer elect to make said payment voluntarily. This Agreement does not require equal sharing of any punitive damage awards, fines or sanctions. 5.8 Insurance Coverage The Cities shall, to the best of their ability, coordinate their liability insurance coverage's and/or self -insured coverage's to the extent possible to fully implement and follow the Agreement set forth herein. However, the consent of any liability insurance carrier or self -insured pool or organization is not required to make this Agreement effective as between the member Cities signing this Agreement and the failure of any insurance carrier or self -insured pooling organization to agree or follow the terms of this provision on liability shall not relieve any individual City from its obligation under this Agreement. 6. NON -WAIVER A waiver by any City hereto of a breach of any other City hereto of any covenant or condition of this Agreement shall not impair the right of the City not in default to avail itself of any subsequent breach thereof. Leniency, delay or failure of any City to insist upon strict performance of any agreement, covenant or condition of this Agreement, or to exercise any right herein given in any one or more instances, shall not be construed as a waiver or relinquishment of any such agreement, covenant, condition or right. 7. AMENDMENTS This Agreement may only be amended by written agreement of all the undersigned Cities that have not terminated their respective participation under this Agreement. 8. SEVERABILITY Should any clause, phrase, sentence or paragraph of the Agreement or its application to any party or circumstance be declared invalid or void by a court of competent jurisdiction, the remaining provisions of this Agreement and/or their application to other parties and circumstances, not declared invalid or void, shall remain in full force and effect. 9. TERM AND TERMINATION Page 8 of 12 Packet Page 109 of 178 9.1 The minimum term of this Agreement shall be one (1) year, effective upon its adoption. This Agreement shall automatically extend for consecutive one (1) year terms without action of the legislative bodies of the participating jurisdictions, unless and until terminated pursuant to the terms of this Agreement. 9.2 Any Party may withdraw from and terminate participation under this Agreement upon the giving of thirty (30) calendar days advance written notice of intent to withdraw/terminate to the other Parties herein. Withdrawal during any calendar year shall not entitle the withdrawing Party to a reduction or refund with respect to funds budgeted for or otherwise committed with respect to the withdrawing Party for any calendar year. Termination of this Agreement and/or withdrawal of a Party shall not terminate Section 5 hereof with respect to the withdrawing Party as to any incident arising prior to the withdrawal of the Party and Section 5 shall survive the termination of this Agreement with respect to any cause of action, claim or liability arising on or prior to the date of termination. 9.3 A majority of the participating Cities may terminate this Agreement at any time. Such termination shall be set forth in a document signed by the authorized Chief Executive Officer or designee of a majority of the participating Cities. 9.4 Upon termination of this Agreement by the participating Cities, property used and/or in the possession of the SWAT Team pursuant to the terms and conditions of this Agreement, including but not limited to vehicles, equipment, firearms, ammunition and Class C low explosives, shall belong to and shall be returned to the City that provided or paid for such items. Items that were jointly purchased by the Cities will be distributed between the police departments on a basis agreed to in writing by the respective police chiefs. 9.5 In the event that a City withdraws from and terminates participation under this Agreement in accordance with Section 9.2, property that was paid for and/or provided by that City and was used and/or in the possession of the SWAT Team pursuant to the terms and conditions of this Agreement, including but not limited to vehicles, equipment, firearms, ammunition and Class C low explosives, shall belong to and shall be returned to the withdrawing/terminating City. Items that were jointly purchased by the Cities will continue to remain with and be available for use by the SWAT Team until such time that this Agreement is terminated in its entirety. Page 9 of 12 Packet Page 110 of 178 10. NOTICES AND CONTACTS Unless otherwise directed in writing, notices, reports, invoices, payments and other documents shall be delivered to each City as follows: City of Bothell Attn: Police Chief 18410 101" Ave., N.E. Bothell WA 98011 City of Kirkland Attn: Police Chief 123 5ch Ave. Kirkland, WA 98033 City of Lynnwood Attn: Police Chief/Purchasing 19321 44`h Ave., W. Lynnwood WA 98036 City of Monroe Attn: Police Chief 806 West Main Street Monroe WA 98272 City of Edmonds Attn: Police Chief 250 51h Ave., N. Edmonds WA 98020 City of Lake Forest Park Attn: Police Chief 17425 Ballinger Way, N.E. Lake Forest Park WA 98155 City of Mill Creek Attn: Police Chief 15728 Main St. Mill Creek, WA 98012 City of Mountlake Terrace Attn: Police Chief 5906 232°d St., S.W. Mountlake Terrace WA 98043 Notices mailed by any City shall be deemed effective on the date mailed. Any City may change its address for receipt of reports, notices, invoices, payments and other documents by giving the other Cities written notice of not less than seven (7) days prior to the effective date. 11. GOVERNING LAW This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 12. VENUE The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of Snohomish County, Washington. 13. EXECUTION This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original as against any party whose signature appears thereon, and all of which shall together constitute one and the same instrument. Page 10 of 12 Packet Page 111 of 178 14. FILING As provided by RCW 39.34.040, this Agreement shall be filed prior to its entry in force with the Snohomish County Auditor, or, alternatively, listed by subject on the website of each participating City. Dated this day of , 2013 Page 11 of 12 Packet Page 112 of 178 (Remove Org. Chart — Keep in Policy Manual for Updating Purposes) Page 12 of 12 Packet Page 113 of 178 CITY OF EDMONDS By: Title: Dated: ATTEST: By: City Clerk Dated: APPROVED AS TO FORM: City Attorney Dated: Packet Page 114 of 178 CITY OF EDMONDS By: Title Dated: ATTEST: By: City Clerk Dated: APPROVED AS TO FORM: By: City Attorney Dated: Packet Page 115 of 178 CITY OF LAKE FOREST PARK By: Title: Dated: ATTEST: By: City Clerk Dated: APPROVED AS TO FORM: wo City Attorney Dated: Packet Page 116 of 178 CITY OF LYNNWOOD By: Title: Dated: ATTEST: By: Finance Director Dated: APPROVED AS TO FORM: City Attorney Dated: Packet Page 117 of 178 CITY OF MOUNTLAKE TERRACE By: Title: Dated: ATTEST: By: City Clerk Dated: APPROVED AS TO FORM: wo City Attorney Dated: Packet Page 118 of 178 CITY OF MONROE By: Title: Dated: ATTEST: By: City Clerk Dated: APPROVED AS TO FORM: wo City Attorney Dated: Packet Page 119 of 178 CITY OF KIRKLAND By:— Title: - Dated: ATTEST: City Clerk Dated: APPROVED AS TO FORM: Un City Attorney Dated: Packet Page 120 of 178 CITY OF BOTHELL By:— Title: - Dated: ATTEST: City Clerk Dated: APPROVED AS TO FORM: Un City Attorney Dated: Packet Page 121 of 178 AM-5783 City Council Meeting Meeting Date: 05/28/2013 Time: Consent Submitted By: James Lawless 5. E. Department: Police Department Committee: Public Safety, Personnel Type: Action Information Subiect Title Annual Renewal of Snohomish Regional Drug & Gang Task Force Interlocal Agreement (2013-2014). Recommendation Staff recommends and requests Council approval via consent agenda. Previous Council Action This item was reviewed by the Public Safety and Personnel Committee on May 14, 2013 with the recommendation to forward to full Council for approval via consent agenda. Narrative Since January 1988, the City of Edmonds and other Snohomish County cities have been participants in the Snohomish Regional Drug & Gang Task Force (SRDGTF). Edmonds was one of the original participants, contributing a detective and equipment to the unit. In more recent years, Edmonds, Lynnwood, and Mountlake Terrace established the South Snohomish County Narcotics Task Force (SSCNTF). Since the creation of the SSCNTF, Edmonds, Lynnwood, and Mountlake Terrace have chosen to continue their support of the SRDGTF through financial contribution alone, for the primary purpose of assisting with the investigation, dismantling and destruction of drug labs. This is of extreme benefit to Edmonds due to the expenses associated with this specific type of investigation, e.g. training, equipment, OSHA and L & I regulations. The SRDGTF receives the majority of its funding through a U.S. Department of Justice grant. The grant amount is based on the number and population of municipalities that participate in the SRDGTF. The required matching funds for the federal grant come from Snohomish County and the participating municipalities. For fiscal year 2013-2014, twenty municipalities, DSHS Child Protective Services, WSP, and Snohomish County, are pledging matching funds to the SRDGTF. Edmonds' share for July 1, 2013 through June 30, 2014 is $10,237, an increase of $298, over last year's share. Funding for this item is included in the 2013 Edmonds Police budget. The interlocal agreement and the funding received from participating entities, sets forth the operational framework for the SRDGTF, and has done so since 1988. The SRDGTF and SSCNTF work very closely and assist each other with staffing and equipment, as needed. For example, should we encounter a drug lab locally the SRDGTF can be called out to dismantle the lab. As stated, this assistance can save us literally thousands of dollars in overtime, training, and Packet Page 122 of 178 equipment expense. A more frequent area of cooperation and assistance occurs with investigations where the two task forces may assist each other with investigations involving mutual suspects. We request that the Council approve this matter authorizing the Mayor to sign the FY 2013-2014 interlocal agreement with SRDGTF. The ILA has been approved by the City Attorney as to form. Fiscal Year: Fiscal Impact Revenue: Fiscal Impact: Edmonds' cost share is already build into the approved 2013 budget. SRDGTF Interlocal Inbox Reviewed By City Clerk Sandy Chase Mayor Dave Earling Finalize for Agenda Sandy Chase Form Started By: James Lawless Final Approval Date: 05/23/2013 Attachments Form Review Date 05/21/2013 09:11 AM 05/22/2013 10:15 AM 05/23/2013 09:00 AM Started On: 05/17/2013 03:20 PM Expenditure: Packet Page 123 of 178 INTERLOCAL AGREEMENT ESTABLISHING SNOHOMISH REGIONAL DRUG & GANG TASK FORCE This Interlocal Agreement is among Snohomish County, a political subdivision of the State of Washington, and the following jurisdictions (hereinafter collectively referred to as the "Participating Jurisdictions"): City of Arlington City of Bothell City of Brier City of Darrington City of Edmonds City of Everett City of Gold Bar City of Granite Falls City of Index City of Lake Stevens City of Lake Forest Park City of Lynnwood City of Marysville City of Mill Creek Interlocal Agreement Establishing Snohomish Regional Drug & Gang Task Force — Page 1 City of Monroe City of Mountlake Terrace City of Mukilteo City of Snohomish City of Stanwood City of Sultan DSHS, Child Protective Services Washington State Patrol Snohomish Health District Sauk Suiattle Tribe Stillaguamish Tribe Swinomish Tribe Tulalip Tribe Packet Page 124 of 178 WITNESSES THAT: WHEREAS, the State of Washington Department of Commerce (hereinafter "COMMERCE"), has received funds from the U.S. Department of Justice under authority of the Anti -Drug Abuse Act of 1988 to provide grants to local units of government for drug law enforcement; and WHEREAS, eligible applicants include cities, counties and Indian tribes; and WHEREAS, RCW 39.34 permits one or more public agencies to contract with any one or more other public agencies to perform any governmental service, activity, or undertaking that each public agency is authorized by law to perform; and WHEREAS, Snohomish County and COMMERCE have entered into a Narcotics Control Grant Contract (hereinafter "Grant Contract") whereby Snohomish County shall use specified grant funds solely for a regional task force project consistent with the task force grant application submitted to COMMERCE on or before July 1, 2013, upon which the Grant Contract is based (by this reference both the Grant Contract and the grant application are incorporated in this agreement as though set forth fully herein); and WHEREAS, the Participating Jurisdictions recognize the above -mentioned Grant Contract between COMMERCE and Snohomish County; and WHEREAS, the Participating Jurisdictions desire to participate as members of the multi -jurisdictional task force with Snohomish County administering task force project grants on their behalf; and WHEREAS, the Participating Jurisdictions desire to enter into an agreement with Snohomish County to enable Snohomish County to continue to be the receiver of any grant funds related to the task force project; and WHEREAS, each of the Participating Jurisdictions represented herein is authorized to perform each service contemplated for it herein; NOW, THEREFORE, in consideration of covenants, conditions, performances and promises hereinafter contained, the parties hereto agree as follows: Interlocal Agreement Establishing Snohomish Regional Drug & Gang Task Force — Page 2 Packet Page 125 of 178 1.0 TASK FORCE CONTINUATION, TERM, AND PURPOSE 1.1 The countywide multi jurisdictional task force, composed of law enforcement, prosecutor, and support personnel, known as the Snohomish Regional Drug & Gang Task Force (hereinafter "Task Force") was created pursuant to the Interlocal Agreement Among Participating Jurisdictions dated January 18, 1988. The Task Force has operated on a continuous basis since that time under a series of interlocal agreements, the most recent effective from July 1, 2012, through June 30, 2013. This agreement shall serve to continue the operation of the Task Force. 1.2 The effective date of this agreement shall be from July 1, 2013, through June 30, 2014, unless earlier terminated or modified as provided in this agreement. 1.3 The purpose of the Task Force shall be to formally structure and jointly coordinate selected law enforcement activities, resources, and functions in order to disrupt illegal drug trafficking systems and to remove traffickers through a cooperative program of investigation, prosecution, and asset forfeiture. 1.4 The Task Force agrees to perform the statement of work indicated in the Task Force Abstract set forth in the application for funding between COMMERCE and Snohomish County. Therefore each participating jurisdiction adopts the following Task Force goals: • Reduce the number of drug traffickers and gang members in the communities of Snohomish County through the professional investigation, apprehension and conviction. • Efficiently attack, disrupt and prosecute individual and organized mid to upper level drug traffickers and street gang members who do not recognize jurisdictional boundaries or limitations, and by doing so, impact drug trafficking organizations previously impregnable. Interlocal Agreement Establishing Snohomish Regional Drug & Gang Task Force — Page 3 Packet Page 126 of 178 • Enhance drug enforcement cooperation and coordination through multi -agency investigations, training of local jurisdictions and the sharing of resources and information. • To address these issues with the foremost consideration of safety for both law enforcement and the community. 1.5 The Task Force shall continue to follow a management system for the shared coordination and direction of personnel as well as financial, equipment and technical resources as stated in this agreement. 1.6 The Task Force shall continue to implement operations, including: a. Development of intelligence b. Target identification c. Investigation d. Arrest of Suspects e. Successful prosecution of offenders, and f. Asset forfeiture/disposition 1.7 The Task Force shall evaluate and report on Task Force performance to COMMERCE as required in the Grant Contract. 2.0 ORGANIZATION 2.1 Exhibit "D", incorporated herein by this reference, sets forth the organization of the Task Force. 2.2 The Task Force Executive Board shall be comprised of the Snohomish County Prosecuting Attorney, the Snohomish County Sheriff, the Everett Police Chief, the Everett City Attorney, and one (1) chief of police from the remaining Participating Jurisdictions chosen by the chiefs of police of the remaining Participating Jurisdictions. The Snohomish County Sheriff shall serve as Chair of the Executive Board. The Task Force Executive Board may adopt bylaws providing for appointment of alternates to attend Executive Board meetings in the absence of members. At such meetings the alternate shall have the same Interlocal Agreement Establishing Snohomish Regional Drug & Gang Task Force — Page 4 Packet Page 127 of 178 rights as the appointing member. Any action taken by the Task Force Executive Board under this agreement shall be based on a majority vote. 2.3 All law enforcement personnel assigned to the Task Force shall be directed in their Task Force duties by the Snohomish County Sheriff's Office (SCSO) through the Task Force Commander. The Task Force Commander will be an employee of Snohomish County for all purposes and, if not a regular SCSO deputy, will hold a special commission for that purpose. 2.4 Exhibit "A", incorporated herein by this reference, sets forth the personnel currently assigned to the Task Force by each Participating Jurisdiction. Nothing in this agreement shall restrict the ability of the Snohomish County Prosecuting Attorney, Snohomish County Sheriff, Everett Police Chief, or chief law enforcement officer of any Participating Jurisdiction to reassign personnel now or later assigned to the Task Force. 3.0 FINANCING 3.1 Exhibit `B" sets forth the estimated Task Force Grant Contract budget and is incorporated herein by reference. Participating Jurisdictions in the aggregate agree to provide funds that will allow for at least a one-third match of the funds awarded under the Grant Contract. 3.2 Exhibit "C" sets forth the Local Match breakdown for the period from July 1, 2013, to June 30, 2014, and is incorporated herein by reference. Although State and/or Federal Grant funds may vary from the amount initially requested, each Participating Jurisdiction agrees to provide funding that is no less than the amount indicated in Exhibit "C", and to pay its funding share to Snohomish County as administrator of Task Force funds promptly upon request. 3.3 As required by the Grant Contract, each Participating Jurisdiction agrees the funding it contributes shall be provided in addition to that currently appropriated to narcotics enforcement activities and that no Task Force activity will supplant or replace any existing narcotic enforcement activities. Interlocal Agreement Establishing Snohomish Regional Drug & Gang Task Force — Page 5 Packet Page 128 of 178 3.4 Except as modified by section 5.3 below, all revenues collected or generated by or for the Task Force shall be forwarded to the Snohomish County Treasurer and placed in a designated special account for the purpose of supporting Task Force operations, and all real or personal property of the Task Force will be held in Snohomish County's name for the benefit of the Task Force. 3.5 Upon termination of the Task Force, all funds remaining in said special account shall be disbursed pro rata to the then -current Participating Jurisdictions in proportion to the percentage of their most recent financial participation as indicated in Exhibit "C". 4.0 GENERAL ADMINISTRATION 4.1 Snohomish County agrees to provide COMMERCE with the necessary documentation to receive grant funds. 4.2 By executing this agreement, each Participating Jurisdiction agrees to make any certified assurances required by the Grant Contract that are within its particular control, and agrees to make all its records related to the Task Force available for inspection consistent with the Grant Contract. 4.3 All Task Force contracts and agreements executed on behalf of Participating Jurisdictions under this agreement must first be approved on motion of the Task Force Executive Board. By executing this agreement, each Participating Jurisdiction agrees that, for the purpose of administering the assets and resources available to the Task Force, Snohomish County is hereby granted the authority to execute on behalf of the Participating Jurisdictions all agreements and contracts signed as approved by the Task Force Executive Board, by and through its Chair, including but not limited to all contracts for professional services. Agreements and contracts executed in this manner shall have the same legal effect as if they were executed by each Participating Jurisdiction. No such agreement or contract may impose or waive liability with respect to a Interlocal Agreement Establishing Snohomish Regional Drug & Gang Task Force — Page 6 Packet Page 129 of 178 Participating Jurisdiction in a manner that is inconsistent with the hold harmless provision in section 10.0 of this agreement. 4.4 Any dispute arising under this agreement will be forwarded to the Task Force Executive Board for arbitration. The determination made by the Executive Board shall be final and conclusive as between the parties. This provision shall not apply to issues of indemnity and liability governed by the hold harmless provision in section 10.0 of this agreement. 5.0 ASSET FORFEITURE 5.1 The Participating Jurisdictions shall refer all potential asset forfeitures initiated or investigated by officers assigned to the Task Force during the pendency of this agreement to the Task Force for disposition at the discretion of the Task Force Executive Board or prosecuting authority (Prosecuting Attorney or United States Attorney). Any such referred asset forfeiture that is pursued in state court will be prosecuted in the name of Snohomish County on behalf of the Task Force and its Participating Jurisdictions. 5.2 The Task Force Commander, under the direction of the Task Force Executive Board, shall manage the acquisition and disposition of assets seized or forfeited as a result of this agreement in compliance with law and Task Force procedures. 5.3 A portion of the net monetary proceeds of each asset forfeiture made by the Task Force shall be distributed to the involved investigating agencies commensurate with their participation as determined by prior agreement between the Task Force Commander and said agencies, or in the absence of such agreement, by the Task Force Executive Board, prior to dedication of the remaining proceeds to the Task Force as specified in section 3.4. As long as the personnel assignments stated in Exhibit "A" remain unchanged, distributions to Snohomish County and the City of Everett under this Interlocal Agreement Establishing Snohomish Regional Drug & Gang Task Force — Page 7 Packet Page 130 of 178 subparagraph shall be 40 percent each of the net monetary proceeds remaining after distributions under this subparagraph to Participating Jurisdictions other than Snohomish County and the City of Everett. If assignments change from those stated in Exhibit "A", the Task Force Executive Board may modify the relative percentage allocations to Snohomish County and the City of Everett on a case -by -case or permanent basis. For purposes of this subparagraph, the term "net monetary proceeds" means cash proceeds realized from property forfeited during the term of this agreement that is not retained for use by the Task Force after deducting all costs and expenses incurred in its acquisition, including but not limited to the cost of satisfying any bona fide security interest to which the property may be subject at the time of seizure, the cost of sale in the case of sold property (including reasonable fees or commissions paid to independent selling agencies), amounts paid to satisfy a landlord's claim for damages, and the amount of proceeds (typically ten percent) payable to the State of Washington under RCW 69.50.505(9) or similar law. 5.4 The Task Force may retain funds in an amount up to $250,000.00 from the net proceeds of vehicle seizures for the purchase of Task Force vehicles and related fleet costs. 5.5 Any Participating Jurisdiction receiving a distribution of assets forfeited under RCW 69.50.505 shall use such assets in accordance with RCW 69.50.505(10), which limits use to the expansion and improvement of controlled substances related law enforcement activity and prohibits use to supplant preexisting funding sources. 5.6 Upon termination of the Task Force, the Task Force Executive Board shall dispose of the Task Force's interest in assets seized or forfeited as a result of this agreement in accordance with applicable federal, state and county requirements, and shall distribute proceeds in accordance with sections 5.3 and 3.5. Interlocal Agreement Establishing Snohomish Regional Drug & Gang Task Force — Page 8 Packet Page 131 of 178 6.0 ACQUISITION AND USE OF EQUIPMENT 6.1 In the event that any equipment is acquired with grant funds, the Participating Jurisdictions agree that the Task Force will use that equipment only for specified law enforcement purposes for the term of the grant. 6.2 Upon termination of the Task Force, any equipment provided by Participating Jurisdictions will be returned to those respective jurisdictions. 6.3 Upon termination of the Task Force, the Task Force Executive Board shall dispose of all acquired equipment in accordance with applicable federal, state and county requirements, and shall distribute proceeds in accordance with section 3.5. 7.0 MODIFICATION Participating Jurisdictions hereto reserve the right to amend this agreement in the future from time to time as may be mutually agreed upon. No such amendment shall be effective unless written and signed by all then -contributing jurisdictions with the same formality as this agreement. 8.0 NONDISCRIMINATION PROVISION There shall be no discrimination against any employee who is paid by the grant funds or against any applicant for such employment because of race, color, religion, handicap, marital status, political affiliation, sex, age, or national origin. This provision shall include, but not be limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising, lay-off or termination, rates of pay or other forms of compensation, and selection for training. 9.0 TERMINATION OF AGREEMENT 9.1 Notwithstanding any provisions of this agreement, any party may withdraw from the agreement as it pertains to them by providing written notice of such withdrawal to all other parties, specifying the effective date thereof at least Interlocal Agreement Establishing Snohomish Regional Drug & Gang Task Force — Page 9 Packet Page 132 of 178 thirty (30) days prior to such date. A withdrawing party may take with it any equipment it has loaned or donated to the Task Force, and shall be entitled to distributions under section 5.3 of this agreement with respect to asset forfeitures initiated before the effective date of withdrawal. 9.2 If there is a reduction in funds by the source of those funds, and if such funds are the basis of this agreement, Snohomish County may unilaterally terminate all or part of the agreement, or may reduce its scope of work and budget. 10.0 HOLD HARMLESS 10.1 Each party hereto agrees to save, indemnify, defend and hold the other parties harmless from any allegations, complaints, or claims of wrongful and/or negligent acts or omissions, by said party and/or its officers, agents, or employees to the fullest extent allowed by law. In the case of allegations, complaints, or claims against more than one party, any damages allowed shall be levied in proportion to the percentage of fault attributable to each party, and each party shall have the right to seek contribution from each of the other parties in proportion to the percentage of fault attributable to each of the other parties. Moreover, the parties agree to cooperate and jointly defend any such matter to the extent allowed by law. An agency that has withdrawn assumes no responsibility for the actions of the remaining members arising after the date of withdrawal, but shall remain liable for claims of loss or liability arising prior to the effective date of withdrawal. 10.2 The Tulalip Tribes waives sovereign immunity to suit by any party to interpret or enforce the terms of this Agreement. The parties agree that in enforcing obligations under this Agreement, a party seeking payment from the Tulalip Tribes shall look first to the proceeds of any insurance procured by the Tribes for this purpose. Should any claim for indemnification exceed the limit of the Tulalip Tribe's insurance policy arising from the entry of a final decree in any court, or by settlement of a civil action mutually agreed to by the County and the Tulalip Tribe, the Tulalip Tribe hereby Interlocal Agreement Establishing Snohomish Regional Drug & Gang Task Force — Page 10 Packet Page 133 of 178 waives any claim of immunity or exemption for any assets it holds that are not subject to a restriction against alienation up to the amount necessary to discharge the indemnity obligation and the costs of collection. 10.3 The Sauk Suiattle Tribe waives sovereign immunity to suit by any party to interpret or enforce the terms of this Agreement. The parties agree that in enforcing obligations under this Agreement, a party seeking payment from the Sauk Suiattle Tribe shall look first to the proceeds of any insurance procured by the Sauk Suiattle Tribe for this purpose. Should any claim for indemnification exceed the limit of the Sauk Suiattle Tribe's insurance policy arising from the entry of a final decree in any court, or by settlement of a civil action mutually agreed to by the County and the Sauk Suiattle Tribe, the Sauk Suiattle Tribe hereby waives any claim of immunity or exemption for any assets it holds that are not subject to a restriction against alienation up to the amount necessary to discharge the indemnity obligation and the costs of collection 10.4 The Stillaguamish Tribe waives sovereign immunity to suit by any party to interpret or enforce the terms of this Agreement. The parties agree that in enforcing obligations under this Agreement, a party seeking payment from the Stillaguamish Tribe shall look first to the proceeds of any insurance procured by the Stillaguamish Tribe for this purpose. Should any claim for indemnification exceed the limit of the Stillaguamish Tribe's insurance policy arising from the entry of a final decree in any court, or by settlement of a civil action mutually agreed to by the County and the Stillaguamish Tribe, the Stillaguamish Tribe hereby waives any claim of immunity or exemption for any assets it holds that are not subject to a restriction against alienation up to the amount necessary to discharge the indemnity obligation and the costs of collection. 10.5 The Swinomish Tribe waives sovereign immunity to suit by any party to interpret or enforce the terms of this Agreement. The parties agree that in enforcing obligations under this Agreement, a party seeking payment from the Swinomish Tribe shall look Interlocal Agreement Establishing Snohomish Regional Drug & Gang Task Force — Page 11 Packet Page 134 of 178 first to the proceeds of any insurance procured by the Swinomish Tribe for this purpose. Should any claim for indemnification exceed the limit of the Swinomish Tribe's insurance policy arising from the entry of a final decree in any court, or by settlement of a civil action mutually agreed to by the County and the Swinomish Tribe, the Swinomish Tribe hereby waives any claim of immunity or exemption for any assets it holds that are not subject to a restriction against alienation up to the amount necessary to discharge the indemnity obligation and the costs of collection. 11.0 GOVERNING LAW AND VENUE This agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Washington without reference to choice of law principles, and venue of any suit between the parties arising out of this agreement shall be in the Superior Court of Snohomish County, Washington. 12.0 INTEGRATION With the exception of necessary operational agreements between law enforcement agencies of the Participating Jurisdictions and agreements pursuant to section 5.3 hereof, this agreement constitutes the whole and entire agreement among those parties as to the Task Force and no other understandings, oral, or otherwise, regarding the Task Force shall be deemed to exist or bind the parties. 13.0 EXECUTION OF MULTIPLE ORIGINAL COUNTERPARTS This agreement may be reproduced in any number of original counterparts. Each party need sign only one counterpart and when the signature pages are all assembled with one original counterpart, that compilation constitutes a fully executed and effective agreement among all the Participating Jurisdictions. In the event that fewer than all named parties execute this agreement, the agreement, once filed as specified in section 15.0, shall be effective as between the parties that have executed the agreement to the same extent as if no other parties had been named. Interlocal Agreement Establishing Snohomish Regional Drug & Gang Task Force — Page 12 Packet Page 135 of 178 14.0 SEVERABILITY If any part of this agreement is unenforceable for any reason the remainder of the agreement shall remain in full force and effect. 15.0 RECORDING This interlocal agreement will be filed with the Snohomish County auditor in compliance with RCW 39.34.040. In witness whereof, the parties have executed this agreement. SNOHOMISH COUNTY, approved at the direction of the County Council. Aaron Reardon, County Executive DATE: ATTEST: APPROVAL RECOMMENDED: John Lovick, Sheriff DATE: Approved as to form only: Deputy Prosecuting Attorney Interlocal Agreement Establishing Snohomish Regional Drug & Gang Task Force — Page 13 Packet Page 136 of 178 AM-5786 City Council Meeting Meeting Date: 05/28/2013 Time: Submitted By: Department: Review Committee: Consent Sandy Chase City Clerk's Office Type: Action Tnformation 5. F. Committee Action: Approve for Consent Agenda Subject Title Ordinance amending the provisions of ECC 4.12 to exempt street vendors participating in certain special events from the Street Vendor License fee and application requirements and the provisions of ECC 4.12.055.0. Recommendation It is recommended that the City Council adopt the proposed Ordinance. Previous Council Action At the May 21, 2013 City Council Meeting, the topic of exempting street vendors participating in certain special events from the Street Vendor License fee and application requirements of ECC 4.12 was discussed. (Please refer to the attached minutes.) Narrative It was brought to the City Council's attention on May 21, 2013 that the licensing requirements of Edmonds City Code (ECC) Chapter 4.12 Peddlers, Solicitors and Street Vendors were causing difficulties with vendors invited to participate in special events organized pursuant to a contract between the City of Edmonds or the Port of Edmonds and another entity. Specifically, events such as the Fourth of July Parade and Fireworks, Arts Festival, Taste of Edmonds, Summer Market, Classic Car Show, etc., all invite food vendors to participate in their events. The licensing requirements of ECC 4.12 placed an additional burden on the vendors potentially prohibiting their participation in the events. The City Council discussed at the meeting that it was not their intent that the street vendors participating in the contracted events be subject to the licensing requirements of ECC 4.12 and requested that an ordinance be prepared exempting these vendors who are participating in events organized pursuant to a contract from the street vendor license fee and application requirements. Attached is a copy of the proposed ordinance. Attachments Exhibit 1: 05-21-13 Draft City Council Minutes Excerpt Exhibit 2: Proposed Ordinance Packet Page 137 of 178 Form Review Inbox Reviewed By Date Mayor Dave Earling 05/23/2013 02:45 PM Finalize for Agenda Sandy Chase 05/23/2013 02:50 PM Form Started By: Sandy Chase Started On: 05/22/2013 03:45 PM Final Approval Date: 05/23/2013 Packet Page 138 of 178 Mayor Earling reported the Edmonds Center for the Arts (ECA) was a participant on the Seattle Foundation's May 15 GiveBIG campaign and raised $164,000, the 4tn highest in the State. With matching grants, that amount totaled $180,000. He commended the Seattle Foundation, ECA and citizens for their accomplishment raising that amount. 19. COUNCIL COMMENTS In response to Councilmember Bloom's earlier question, Councilmember Buckshnis explained Lynnwood is not a participant in WRIA 8. Lake Forest Park Councilmember Fiene and she plan to encourage Lynnwood, Brier and Woodway to participate in WRIA 8. She noted Perrinville Creek has great wooded areas but the water flows negatively impact fish and insects. Councilmember Buckshnis reported she will be out of town next week. She encouraged the public to watch the presentation by Keely O'Connell and Jerry Shuster at next week's Council meeting regarding the Willow Creek Daylighting Feasibility Study. A walkabout of the Edmonds Marsh with WRIA 8 will take place on May 22. Councilmember Buckshnis invited the public to help at the annual Hutt Park clean-up from 9:00 a.m. to noon on Saturday, May 25. Councilmember Fraley-Monillas reported on the May 18 SeaWolves game. She encouraged the public to visit www.SeaWolves.come for information regarding upcoming games. She congratulated Jim Underhill and the SeaWolves management for proceeding with this sports tourism. Councilmember Fraley-Monillas reported on the Health Food Fair at the Lynnwood Convention Center where PCC and organic farms provide information on healthy eating, cooking and growing. She encouraged the public to attend this free event next year. Council President Petso reported a mini Council retreat will be held on June 17, from 8:30 a.m. to noon. She invited Councilmembers to submit agenda items. The agenda will include public records retention training by the City Clerk Sandy Chase, City Attorney and other experts. Councilmember Johnson reported she and Mayor Earling attended the Edmonds Museum Guild Tea today that honors their volunteers. Councilmember Peterson referred to the comments made under Audience Comments about food vendors at the Edmonds Arts Festival. The Council's passage of the street vendor ordinance late last year had unintended consequences; he did not believe it was the Council's intent to charge food vendors at festivals the $235 fee to participate. He proposed language for Section 4.12.030.E, Exemptions: Annual events that are under contract with the City such as the Arts Festival, Summer Market, 4tn of July Parade and Fireworks, Taste of Edmonds, Classic Car Show and Edmonds Waterfront Festival. He suggested Mr. Taraday prepare the amendment for Council consideration at next week's meeting. Councilmember Fraley-Monillas asked whether vendors at City events are currently charged a fee. City Clerk Sandy Chase answered there was specific language in the 4tn of July contract that related to vendors obtaining a license. The amendment made to the code regarding street vendors requires vendors at all events obtain a license. Mr. Taraday advised the street vendor definition only applies to vendors with wheels. Mayor Earling advised many do have wheels. Mr. Taraday was directed to prepare an ordinance and revise the language as necessary in consultation with Councilmember Peterson. Councilmember Peterson reported he attended the Police Ceremony sponsored by the Edmonds Police Foundation, VFW and Rotary. The event included commendations for citizens who pulled a baby from a Edmonds City Council Draft Minutes May 21, 2013 Page 21 Packet Page 139 of 178 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE PROVISIONS OF ECC 4.12 TO EXEMPT STREET VENDORS PARTICIPATING IN CERTAIN SPECIAL EVENTS FROM THE STREET VENDOR LICENSE FEE AND APPLICATION REQUIREMENTS AND THE PROVISIONS OF ECC 4.12.055.0; PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE. WHEREAS, street vendors are allowed to operate within the City of Edmonds when properly licensed; WHEREAS, proper licensing of street vendors includes certain license fee and application requirements; WHEREAS, Section 4.12.055.0 of the Edmonds City Code includes restrictions upon the operation of street vendors near certain special events held within the city; WHEREAS, a request has been made to the City of Edmonds to exempt street vendors who are participating in special events organized pursuant to a contract between the City of Edmonds or the Port of Edmonds and another entity from the street vendor license fee and application requirements; WHEREAS, it is appropriate to concurrently exempt such street vendors from the restrictions set forth in ECC 4.12.055.0; and WHEREAS, the City wishes to revise its municipal code to allow the exemption of these street vendors from the street vendor license fee and application requirements and the provisions of ECC 4.12.055.0 in these circumstances; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: -1- Packet Page 140 of 178 Section 1. Section 4.12 of the ECC Peddlers, Solicitors and Street Vendors is hereby amended to read as follows (new language underlined and deleted language in strike through): 4.12.030 License fees. The license fees for solicitors, peddlers or street vendors shall be as follows: A. Investigation Fee. New applications for a solicitor, peddler or street vendor license shall be accompanied by a nonrefundable investigation fee of $10.00. Except as provided in subsection (B) of this section, this investigation fee shall be tendered only with the initial application of any individual. B. Annual Fee. On January 1st of each year all solicitor, peddler and street vendor licenses shall automatically expire and be null and void unless an annual fee of $25.00 is paid to the city clerk; provided, however, for licenses issued after June 30th of any year, only one-half of the annual fee shall be required. Any license renewed after June 30th of any year shall be treated as a new application and subject to the investigation fee. For each mobile vending unit, there shall also be an annual fee of $200.00. Associated solicitors, peddlers and street vendors, and mobile vending units operated as an adjunct to an existing licensed business shall pay any fee(s) set forth in subsection (C) of this section. C. Associated Solicitor, Peddler and Street Vendor, and Associated Mobile Vendor Fee. An annual fee of $8.00 per year per person or unit shall be paid by the following person or unit(s) licensed: 1. For each additional person soliciting, peddling or vending under a principal applicant's license issued pursuant to subsection (B) of this section; and/or 2. For each mobile vending unit operated as an adjunct to an existing licensed business on a site immediately adjacent to the business and authorized for use pursuant to a street use permit. The fees provided for by this section shall not be reduced after June 30th as provided for annual fees in subsection (B) of this section. D. Exemptions. The following persons shall be exempt from license fees and applications required under this chapter: 1. Newspaper carriers; -2- Packet Page 141 of 178 2. Charitable, religious or nonprofit organizations or corporations which have received tax exempt status under 26 USC Section 501(c)(3) or other similar civic, charitable or nonprofit organizations; 3. Peddlers of fruits, vegetables, berries, eggs or any farm produce edibles raised, gathered, produced or manufactured by such person; 4. A person who, after having been specifically requested by another to do so, calls upon that other person for the purpose of displaying goods, literature or giving information about any article, thing, product or service; 5. A street vendor who is participating _ ipecial event organized pursuant to a contract between the city of Edmonds or the Port of Edmonds and another entity, such as the Arts Festival, Summer Market, Fourth of July Parade & Fireworks, Taste of Edmonds, and Classic Car Show. Street vendors participating in such special events are also exempt from the provisions of ECC 4.12.055.0; 66. Notwithstanding the exemptions provided herein, all exempt persons must provide proof of their exempt status along with photo identification upon request by a prospective customer or law enforcement officer; 76. Exempt persons are exempt only from city business licensing requirements and must comply with all provisions of law, ordinances and regulations and all applicable Snohomish County health district requirements. [Ord. 3902 § 1 (Att. A); Ord. 3096 § 1, 1996; Ord. 2990 § 2, 1994; Ord. 2536 § 1, 1985; Ord. 2435 § 4, 1984; Ord. 1619 § 1, 1972; Ord. 830 § 3, 1960]. Section 2. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 3. Effective Date. This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum, and shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. APPROVED: MAYOR, DAVID 0. EARLING -3- Packet Page 142 of 178 ATTEST/AUTHENTICATED : CITY CLERK, SANDRA S. CHASE APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: M JEFFREY B. TARADAY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. Packet Page 143 of 178 SUMMARY OF ORDINANCE NO. of the City of Edmonds, Washington On the day of , 20_, 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: ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE PROVISIONS OF ECC 4.12 TO EXEMPT STREET VENDORS PARTICIPATING IN CERTAIN SPECIAL EVENTS FROM THE STREET VENDOR LICENSE FEE AND APPLICATION REQUIREMENTS AND THE PROVISIONS OF ECC 4.12.055.0; PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE. The full text of this Ordinance will be mailed upon request. DATED this day of , 20_. CITY CLERK, SANDRA S. CHASE -5- Packet Page 144 of 178 AM-5785 % City Council Meeting Meeting Date: 05/28/2013 Time: 30 Minutes Submitted For: Jerry Shuster Submitted By: Megan Luttrell Department: Engineering Review Committee: Committee Action: Type: Information Information Subject Title Presentation: Willow Creek Daylight Early Feasibility Study/Edmonds Marsh. Recommendation Information Only. Previous Council Action On August 20, 2012, Council approved acceptance of a grant from the State through the Salmon Recovery Board (SRFB) and the Recreation and Conservation Office (RCO) for a limited feasibility study for the daylighting of Willow Creek from the Edmonds Marsh to Puget Sound. Narrative This project is exploring the feasibility of maximizing Chinook salmon rearing habitat in Edmonds Marsh through daylighting a connection between Willow Creek and Puget Sound. The original sponsor (recipient) of the RCO grant was the non-profit organization People for Puget Sound (PfPS). On October 1, 2012, PfPS closed its doors, and the remaining grant dollars were transferred to the City for completion of the Early Feasibility Study. This presentation provides the results of the Early Feasibility Study and discusses the next steps in the project schedule. Keeley O'Connell, formerly of PEPS, now with the non-profit Earth Corps, continues on a contract basis with the City as the main project coordinator. Fiscal Impact: The grant was added to the Stormwater Capital Fund in 2012 and combined with the City's $50,000 in matching funds ($50,000 total) to complete the project Attachment-. Presentation Form Review Inbox Reviewed By Date Engineering Robert English 05/23/2013 11:49 AM Public Works Phil Williams 05/23/2013 01:58 PM Packet Page 145 of 178 City Clerk Mayor Finalize for Agenda Form Started By: Megan Luttrell Final Approval Date: 05/23/2013 Sandy Chase Dave Earling Sandy Chase 05/23/2013 02:00 PM 05/23/2013 02:47 PM 05/23/2013 02:50 PM Started On: 05/22/2013 09:48 AM Packet Page 146 of 178 Edmonds Marsh/Willow Creek Daylighting Early Feasibility Study findings Presentation to the Edmonds City Council May 28, 2013 Jerry Shuster, P.E.- Stormwater Engineering Program Manager Keeley O'Connell - Senior Project Manager, EarthCorps Consultant Team: Shannon & Wilson, Inc. Anchor QEA, LLC, & Confluence Environmental Funded in part by: Salmon Recovery Funding (SRF) Board WASHING70NSTATE Recreation and Conservation Office Packet Page 147 of 178 Outline • Project Context • Project History • Scope of this Early Feasibility Study • Alternatives Analysis & Preferred Alternative • Biological and Hydrological Benefits • Conclusions/Next Steps • Cost Opinion z Packet Page 148 of 178 Project Context • Daylighting = Taking part of a stream that is currently in an enclosed pipe and create an open-air stream channel instead. 3 Packet Page 149 of 178 Project Context I Willow Creek _ Outfall F - ,r . - i F ar oirt Edwards hellaharger Creek Willow Creek 4 Packet Page 150 of 178 Project Context Why Daylight? • Improve connection between Puget Sound and Edmonds Marsh — More Saltwater marsh, closer to its original ecosystem, better for salmon, birds, and other critters. — Lower water level at low tide that may help area flooding —Higher water level at high tide?? If so, Tide Gate can mitigate. 5 Packet Page 151 of 178 Project History • First got major traction with the Edmonds Crossing Project — Environmental Enhancement (FEIS 2004) • Sound Transit"s Sounder Train Project w/BNSF — Needed environmental mitigation for filling of wetlands further north — City suggested ST install bridges for future daylighting of Willow Creek. 6 Packet Page 152 of 178 rl- N 4-J N *V N c N i i N N on O 72 c/ LL N z � m U � N cn — dJ � E Ln O — O v 00 0 0 co L!7 @ m a Y U a This Project • Mostly funded by state Recreation Conservation Office (RCO), Salmon Recovery Funding (SRF) Board. • Primary focus: — Explore the feasibility of providing (and maximizing) Chinook salmon access to rearing habitat in Edmonds Marsh. • Secondary focus — Keep Marsh level lower during large storm events g Packet Page 154 of 178 Ecological Context Packet Page 155 of 178 This Project �: .... WR#A 4 — .. eh�e 6laroe.,nc Nax�w,y WRIA 3 f s WRIA 5 Roaring PerKs ulatiP Haodrery S' WRIA WRIA 98 17 WRIA 7 WRIA `�� - �'VnWaraGrrtol w.sla4.yr�n Matd..ry ��.elxQp sar ornai filrf r!M �� Issaq�h rxek HKdrerY WRIA 15 WRIA, S J.-WRIA ; laud, So sIrK T.1RIA "3 IA I �'".;•eZ aa.rk uawrarr � a +� „P•y. r.P�l w, seer rrisdinr ¢� dr! aovk qurYy Hatd.err AL eta e„r WRIA 1 NFRIA 11 xt t/"ti Willow Creek Daylight Edmonds, Washington Juvenile Chinook Migration Patterns Source: King County 2004 April 2013 21-1-12393-206 SHANNON & WILSON, INC `�oocc,u:ca as Fiuivnmenm ar�ran+s Fig- 2 I Historic Conditions •100+ acre barrier estuary •Uniquely rich habitat •Near 100% loss in central Puget Sound (Leschine and Petersen,2007) Leschine, T.M., and A.W. Petersen. 2007. Valuing Puget Sound's Valued Ecosystem Components. Puget Sound Nearshore Partnership Report No. 2007-07. Published by Seattle District, U.S. Army Corps of Engineers, Seattle, Washington. Available at www. pugetsoundnearsh ore. org Historic GIS Data provided by: University of Washington. 2005. Puget Sound River History Project. Dept of Earth and Space Sciences. Seattle, WA Packet Page 156 of 178 1 - tates ,. ! ► � � Y f. . - � 1 14 Early Feasibility Phase Goals • Document existing conditions • Evaluate three alternative alignments • Develop conceptual plan • Perform hydrodynamic modeling • Assess biological/fish response • Provide recommendations for next phase 11 Packet Page 157 of 178 Alternative ali r I +7ry 4,�•„ x � + � r .... I.mpmnd Exlaling Channel - 9uneet Merh aF .�* �r� } Exl4tlnygVrrr+I,p Para coEdMKAI �ircrorgrr era rsal•:Ilk' :i.}'a'Ir. exi M19 ME r•' GVLIme�nk Drift t4nyrEL;,uVW VA-YL U4L,. `iLSh. L" f LUlwl EMMAna Mnnel. Mlrlrah s - EMIaRng Oayllgpl 7 CilBfkln5l 3 i,4•idHarAnd Sah Upreh EmCh - } Frecha.aler 4pFE0M Channel r' . gAppfM.45ARv@s1 k Emorgare ! 1 - s FIVulrtl 1ti5tllarxl ERn6Ho Che najna:al YAknu Cneek OUtlEF SSOmnnei'or5d - .. - Forellrtl 4jpliM O,ntr�ll 4h!3rWyr {'•y+�wd IM�k EUInxltlo Vrtlp tlunp L7od<'P exwiflp Moo 011kl�l A6gnnmM +' I I InUnd�Mn IALT ?I YMOTUrnerldi y - 667rnMYAI\r a V L-1,'Tre '. Prrl nl Frlmmds LWne 6M Lang Pipe Ertnonue Part Y` r Propased iihAprnent � SEprl'(m9G9Feld o r w w I �` tik L`RK al Earnann!r �. k• S1omn Vailt �v: .• s a 15D 360 prnGrfr.,,ia�-:sF.s 4 # } Applaolrole WAWA d .i` � WWw Crook Uay+IgMing ProlollMenvaPelh ' ^ k.f Edmonds Marsh .. lUloa1THdl� '„# _ i4r1011GK YY615hn Ion a {ALT LT 17 F ' E%18TING CONDITIONS May 20'3 21-1-123g3-2176 Packet Page 158 of 1 hj L L "�'alr- Lm Ir-- -Ij-LFores*d yet4r-d1 g4AUKn y�L�p FI6. 1 Preferred Alignment � Leyerttl _ � t �� Proposed �+� Csb}�gML�h8rin81 Exle[Irig Ghanitiel ��. 5•i1' � k.Xlllll� �i7 f `° � F I - Mauroagae FSed Zang I Ilill. _.I • - _ t PNOneW AhM CeLx•'e rU+r7EG,SLhk�f - I5..M1 r:h,nnnl - '!fi�'il r�lr.' MIll.ak. ULBUO S� - ir 5{''-3 r.�� ah � Channel i gllgm � L�IiI1M1At '�:r "r Exlsting Ck�nngl, Flrarxh. .I And ll Aland Amos £oilhp 0rrlgh[CherrMl � txlesnp Uapllphs iMproR 4R6.+ChMi GM*mel Cu11[ Henb.xa r'� j kiudlleLand Sah r -J Wreh i, Alpindun Fm hrgg o' •— FreeMwsLer W14ewr�¢yMAN t _ ~- ''_- l Eniefgani RenV.a ProleelA�elor�le Em" lAImna shwnweAlir Foreal dtl Wllarl4 Or,14I IV M Piet I Fareel d upland _ - rtJllal! .M Re15wvEl - .. . Proposed Tidel . 9.131IhY T Inundahor% ,; hLl.ilwa nh Chlwtiwl rMiNna d�rllph44pvyll eT4I48110R II# JAMm. 0EAor6e) f RRS pmk nBs A,..Fe K�I . 9rk M 4e 0 i54 M Mlk xltlRn ..F.J Y� RM* Intl t r' 0 81IIeh 1eWTI Tiflopla ol.�uea ' Apgradri LIYAI+=rI0 4~ `w 4 wwGreekDa}digmn9 91B Ednwnds Marsh e cr �.wc d Mannpi, ,* Allgnn-enl [Tabs I;L *. L rpndF WGuhtl 14r' � (ALT 1y CONCEPTUAL DESIGN PLAN PREFERRED DAYLIGHT ALIGNMENT Packet Page 159 of 17 Nor Mu hartascWwWMtcm Ixotlral"Eat hlsy 2013 21.1-12393-206 . - hmnhj 6 it ms alr Lmn;ieril *LFcresx rifHzncJ �"UWNdN SkIirIL—r '�11 .. FIG 9 Biological Benefits • If juvenile fish enter the channel early in the tidal cycle, they would have access to the marsh up to 60 percent of the time. • If fish enter later in the flood tidal cycle, their access will be limited starting 1 to 2 hours after high slack tide. • However, residency in the marsh and upper creeks will be possible between tidal cycles if we excavate channels and improve habitat value above the salt marsh area. 1 * l 14 Packet Page 160 of 178 Hydrological Benefits • The increased connectivity to Puget Sound from the daylighted channel does not appear to increase flood water surface elevations and may actually reduce flood water surface elevations. 15 Packet Page 161 of 178 14 13 12 11 7 5 Hydrological Benefits Comparison of Stage during Flood Event for Existing and Proposed Conditions ---- Proposed Cross Section 591(immediately Upstream of Bridge) Proposed Cross Section 2994 (Downstream of Confluence of Willow and 5hellabarger Creeks) — — Existing Cross Section 3314 (Downstream cf Confluence of Willow and shell labar er Creeks) 1 ti Note: see Figures 2 and 3 for Station Locations. 1 + 11+ ,I l l al 11 I' 11 I 111 %1 11! is r 1 1 I 1 1 ; �I I I i j+ 1 IM I j Ior 1 + 1 �• � it 11 �1 � t* Ir b 1 i y r y �1 1 1 '1 1 + 1+ I � � 1 1 1 � Ii i N 1 + i 1 r 1 1 1 1 + 11 "ter 1 I Ill I ' 1' 11 i+... I I + 1 + I ti t 1 ' I 1+ I I ti 1 .i ii �i �+ +� L' 9r' ir'i `• 4 11/30 12/1 12/2 1213 12/4 1215 1216 12f7 12f8 12f9 12110 12/11 12112 12f13 12/14 12115 12/16 Bate Figure 19 �ANCHQR Comparison of Flows during Flood Event for Existing and Proposed Conditions Tidal Marsh Hydrodynamic Report (DRAFT) 16 ��$ Willow Creek Daylight Early Feasibility Study Conclusions/Next Steps • Yes, it is feasible to daylight the Creek and provide a biological benefit and probable hydrologic benefit. • Recommendations • Additional data to calibrate model for design • Evaluate the need for a tide gate • Evaluate if modifications to existing RR bridges are needed to optimize project • Determine optimum biological and hydraulic alignment through beach • Work on real estate issues • More to preliminary design &permitting 17 Packet Page 163 of 178 Early Cost Opinion Final feasibility, engineering design and permitting: $1.1 million (City of Edmonds has applied to RCO for $315,441 with $225,051 in secured match for final feasibility and preliminary engineering design) Implementation- total estimated cost: $4.35 million •Mobilization/Demobilization: $250,000 •Beach Outfall Construction: $1,210,000 •Daylight Channel Construction: $1,306,600 •Marsh Improvements: $155,000 •Taxes, Insurance, Contingency (30%): $1,428,000 18 Packet Page 164 of 178 Questions? AM-5789 g City Council Meeting Meeting Date: 05/28/2013 Time: 20 Minutes Submitted For: Jerry Shuster Submitted By: Megan Luttrell Department: Engineering Review Committee: Committee Action: Type: Information Information Subject Title Briefing on the Recommended Alternative — Dayton Street & SR104 Drainage Study Recommendation For information only. Previous Council Action On January 15, 2013, the Council was updated on this project. The briefing included the reason the intersection floods and a discussion of the next steps. Narrative The intersection of Dayton St. and SR104 frequently floods. Flooding was particularly evident on November 19, 2012 when 2.26 inches of precipitation fell in a 24-hr period. The intersection and immediate vicinity is an economic and transportation focal point for the City, Port of Edmonds, Washing Department of Transportation, Washington State Ferries, Sound Transit and private commercial property Briefly, the primary causes of the flooding at the intersection during moderate to large storm events are: • The inability of Shellabarger Creek to entirely flow under SR104 into Edmonds Marsh. The flow, instead, travels north along the eastern ditch line of SR104 overwhelming the storm system at the Dayton St. intersection. The culverts under SR104 that are supposed to carry the Shellabarger Creek flow into the marsh are partially silted restricting their capacity. More importantly, the Marsh has silted in over the years such that the flow has "no place to go." • The elevation of the Dayton St. stormwater line at the intersection of SR104 is lower than the water level in Puget Sound during much of the tidal cycle; this means the water cannot flow on its own into Puget Sound when the tide is up. Even if the Shellabarger Creek flow was removed from the Dayton St. storm system, the intersection would still flood in larger storms. The recommended alternative: 1. Isolate the two main drainage systems: . Prevent Shellabarger Creek from flowing north the intersection by: o Cleaning/lowering/replacing the culverts under SR 104 Packet Page 166 of 178 o Plugging the existing 24-inch pipe that extends along the east side of SR 104 along with some berming near the inlet of this pipe. o Incorporate an in -line sediment trap on Shellabarger Creek upstream of the SR 104 culvert crossing. 2. Improve conveyance to Puget Sound. • Dayton Street System o Install large pump station east in City/Port owned Beach Place parking lot to move peak flows out of the Dayton stormwater main line into Puget Sound. o Connect south part of Salish Crossing site (that currently drains though Harbor Square and into the Marsh) and overflow from the Harbor Square system into this pump station. o Add water quality treatment from runoff from ferry holding lanes. *Edmonds Marsh System o Re-establish Shellabarger Creek and Willow Creek channels in the Marsh and daylight Willow Creek. o Add low berm between Marsh and southwest part of Harbor Square o Add flap gates to Harbor Square discharge pipes to Marsh to prevent backflow (storm system owned by the City). o Rehab existing 48-inch Willow Creek outfall pipe and other improvements to serve as an emergency overflow for the Marsh. A public meeting will be held in late spring or early summer to present the detailed analysis of alternatives and get input. Staff will continue to work with the Stakeholders and the consultant to develop a plan to implement the most effective alternative solutions. The study is expected to be completed in the 3nd quarter of 2013. Fiscal Impact: The following are planning level cost opinion for this recommended alternative (includes entire Willow Creek Daylighting Project): Item Estimated Cost Isolate the two main drainage systems (incl. sediment pond) $458,000 Improve Conveyance Dayton St System Pump Station $1,173,000 Connect Salish Crossing flow and Harbor Square Overflow $185,000 WQ Treatment for Ferry Holding Lanes $442,000 Edmonds Marsh System Willow Creek Daylighting (incl. channel restoration) $5,545,000 Harbor Square flap gates and berm $200,000 Rehab existing pipe/outlet improvements $400,000 Self-regulating tidegate (TBD) $567,000 Estimated Total $8,970,000 Packet Page 167 of 178 Attachments Recommended Alternative Inbox Reviewed By Engineering Robert English Public Works Phil Williams City Clerk Sandy Chase Mayor Dave Earling Finalize for Agenda Sandy Chase Form Started By: Megan Luttrell Final Approval Date: 05/23/2013 Form Review Date 05/23/2013 11:49 AM 05/23/2013 01:58 PM 05/23/2013 02:00 PM 05/23/2013 02:46 PM 05/23/2013 02:50 PM Started On: 05/23/2013 09:58 AM Packet Page 168 of 178 AF ` Reroute Salish Stormwater Oil Control and Crossing Drainage • • Treatment System for to Dayton System y Ferry Queuing Area �! Puget Sound , Dayton Street System ' Pump Station (13 cfs) Dayton St�� and New 18" Outfall Pipe /i - •': Add High Flow Bypass Connections r (Two) From Harbor Square to Dayton System �Yr New Berm J, ' r1= • J Add Fla p Gates to Outfalls Plug Pipe to Dayton System N and Add Short Berm (0.5' +/-) 1 y �► Clean and/or Lower Culvert Add Weir to Existing Willow Creek Outfall to Function as Overflow _ Sediment Pond �. Remove Existing Culverts (1) Willow Creek 48-inch CMP Pipe Rehabilitation �,• Re grade and Re-establish Shellabarger Creek and Willow Creek in New Location (1) ti y Eliminate WSDOT I\�l Irirl'__r► ti System Overflows Daylight Channel Excavation (1) t Pedestrian Bridge with Culvert and (SRT) Tide Gate (1) _ Existing BNSF/Sound Transit ` _ Bridge Crossing• r ■ P: r Approxiamte Location of Daylight Channel Excavation (1) L IF r. + r ours Esri i cubed USDA, USES, EyX CeoEye �Getmappin,g, Aerogrid, N, IGP fih G� I = U r C • mrn it N Legend Recommended Forested Upland (2) Freshwater Emergent Parcels Existing Storm Drain Proposed Storm Drain/Berm Alternative Feet Forested Wetland Mudflat and Salt Marsh ---- Existing Channel -"—' Proposed Channel - A__ =- =_;_ 0 162.5 325 Proposed Water Quality or Notes: (1)As proposed under separate Willow Creek Daylighting Study, Shannon and Wilson, 2013. Conveyance Facility From Science to Solutions (2) Marsh wetland designations are approximate and taken from Shannon and Wilson, 2013. R:\Pacctet�aage 76792 F,4gionds WA, City of\2651211002 Dayton St SR104 Alternatives Study\Data Analytical\GIS 1 5-20-2013 AM-5794 City Council Meeting Meeting Date: 05/28/2013 Time: 30 Minutes Submitted By: Al Compaan Department: Review Committee: Type: Police Department Information Information Subject Title Emergency Services Coordinating Agency (ESCA) Recommendation Previous Council Action Narrative Committee Action: J, Emergency Services Coordinating Agency (ESCA) will provide an informational session regarding the structure and organization of ESCA; what municipalities participate; how ESCA is funded; ESCA's roles/responsibilities with disaster preparedness and emergency management; and how ESCA interfaces with local government. ESCA will also address compliance with state and federal mandates; coordination between local, state and federal agencies for resource acquisition and deployment; emergency back-up communications; coordination with various private and volunteer emergency service organizations who provide support activities during major emergencies and disasters; and ESCA's role with the recovery period immediately following a disaster. ESCA representatives will welcome questions from Council as part of the presentation. Inbox Reviewed By City Clerk Sandy Chase Mayor Dave Earling Finalize for Agenda Sandy Chase Fonn Started By: Al Compaan Final Approval Date: 05/24/2013 Form Review Date 05/23/2013 03:42 PM 05/23/2013 08:11 PM 05/24/2013 08:11 AM Started On: 05/23/2013 03:02 PM Packet Page 170 of 178 AM-5793 City Council Meeting Meeting Date: 05/28/2013 Time: Submitted By: Department: Review Committee: Type: 30 Minutes Rob Chave Development Services Information Information Subject Title Discussion: City Code Review/Rewrite Recommendation No action required. Previous Council Action Committee Action: 10. Rob Chave provided the Council with an update on the project during the Council retreat in February, 2013, with additional discussion by Council on February 26, 2013. Narrative Following the Council presentations and discussions in February, staff initiated working with Carol Morris and Code Publishing on the code reorganization process. Staff just received the first chapter outlines from Ms. Morris (covering code enforcement and subdivisions), and we are in the process of reviewing these sections. Ms. Morris's initial outlines form the basic requirements consistent with state law, with subsequent steps needed to integrate Edmonds -specific provisions and modify the material to be more user-friendly. The review will take several phases, including: Phase 1) Internal review -- is the chapter internally consistent. Phase 2) Edmonds provisions -- include Edmonds -specific provisions into the basic outline. Phase 3) Organizational revisions -- integrate the draft into a larger new code. Phase 4) Usability revisions -- include cross-references, linking, user guides and additional online delivery tools to format the code for the web. As noted, we have received the first two sections and are in the process of reviewing those under the first two phases listed above. As we stated back in February, we are committed to enabling the Council to discuss policy issues as they arise. A good point of discussion for this evening's update would be for the Council to indicate at what point in the process you would like to have that policy discussion. It would make the most sense to have that policy discussion either after the internal review has occurred (i.e. after phase 1, the Internal review, has taken place), or after the Edmonds provisions have been inserted (phase 2). The advantage of having the policy discussion after Phase 2 has been completed would be that you would be able to see more clearly how the revised/reorganized code compares with current code provisions. In addition to the detailed work on the different subject chapters, staff has also been working on a Packet Page 171 of 178 proposed new outline for the updated code. We have developed some ideas and are nearing completion of a potential outline for discussion. This could be the subject of another update discussion with Council. Exhibit 1: Council minutes of 2/26/2013 Inbox City Clerk Mayor Finalize for Agenda Form Started By: Rob Chave Final Approval Date: 05/24/2013 Attachments Form Review Reviewed By Date Sandy Chase 05/23/2013 03:42 PM Dave Earling 05/23/2013 08:11 PM Sandy Chase 05/24/2013 08:11 AM Started On: 05/23/2013 02:32 PM Packet Page 172 of 178 Councilmembers to inform him if there were other elements of the SMP update they wanted him to provide further details on. 12. DISCUSSION: CITY CODE REVIEW/REWRITE Acting Development Services Director Rob Chave explained this is a follow-up to a presentation made at the Council retreat. He reviewed the general approach for a code mapping project: • Technical exercise o Improve organization o User-friendly orientation o Web -based for online delivery o Identify and resolve conflicts • Identify policy issues o Policy issues will require a separate public process o Could be simultaneous or follow-on process • Problem: o Edmonds has standards that are specific to Edmonds and reflect community values and identity o No single template to adopt o No single consultant can provide a finished product • Intent is to maximize available recourses o Requires substantial staff commitment and time o Use Code Publishing for presentation and online format and delivery o Use AWC template/author to provide legally sound modules to help organize re -mapped code Mr. Chave described research done thus far: • January 2013 — met with Code Publishing to review existing and potential expansion of online formats and features • January 2013 — met with Carol Morris to review AWC templates and potential legal services • 2012 — completed digital mapping of existing code (displayed digital map of ECC and ECDC) Council President Petso asked how issues that are policy and/or legal issues will come back to Council. She assumed once they have been identified, they will need to be prioritized. Mr. Chave answered that will entail working with Carol Morris. For example, Ms. Morris has been working on a template that integrates a standard subdivision process that tracks with State law and the civil review. As civil review is not included in the City's code, that will be a high priority. He anticipated a few high priorities will be identified early in the process and others will arise throughout the process. His plan is to provide an update to the Council every 1 to 2 months, identify policy issues that have arisen and determine whether the Council wants them pursued via a separate process or incorporated in the rewrite. Councilmember Bloom asked Mr. Chave to provide further details regarding the overall civil review process that is not mentioned in the subdivision code. Mr. Chave explained there is a preliminary approval in the subdivision process where most details are worked out. Final approval occurs after the process of developing and having civil plans approved administratively by the City and showing that the requirements of the preliminary approval have been met. The subdivision code is essentially silent regarding the process for approving civil plans. Councilmember Bloom asked whether most other cities include the civil process in their code. Mr. Chave was uncertain, noting subdivision processes primarily come from State enabling legislation and do not include the civil process. Subdivision processes were developed primarily via zoning rules; whereas civil approvals are related to Public Works and Utilities. There are a number of potential issues that can arise Edmonds City Council Approved Minutes February 26, 2013 Page 14 Packet Page 173 of 178 during a civil review process such as it is not feasible to do something that was envisioned during the preliminary stage. It would help administratively to identify the process that would be used in those circumstances. Councilmember Bloom observed the information presented regarding the code mapping had icons with drop down menus. She asked how the drop down menus could be viewed. Mr. Chave answered it is specific software and the City only has licenses for a few copies. For Councilmember Bloom, Mr. Chave explained the boxes displayed on the code mapping page represent sections of the existing code. Using the software, pieces of the code can be moved around and exported into a word processor to revise the language. The benefit is there is an electronic trail and allows for visual organization. He noted the new code sections would likely have different names than the old. For example, it would not necessarily be "zoning," it may be called something different such as "private property development." When people look at the code, they want to know more than just the zoning; they want to know all the regulations. Councilmember Bloom asked when in the process the Council could see those details. Mr. Chave answered the high level titles in the reorganization will be identified and the listings under those subjects. That will give the council a good idea of what the new code will look like and will be available in 2 to 3 months. 13. REPORT ON OUTSIDE BOARD AND COMMITTEE MEETINGS Councilmember Yamamoto reported he is the Council liaison to several boards including SnoCom, CTAC, Port of Edmonds, and SeaShore Transportation Forum. With regard to SnoCom, as part of a dispute resolution, he visited the New World vendor in Detroit along with other SnoCom, SnoPac and NorCom representatives. This has been ongoing since 2009, and the only leverage is to withhold maintenance payments which amount to $300,000 to $400,000. The live date for the New World product has been repeatedly delayed. The New World system will provide enhanced 911 capabilities and coordination between Snohomish County and King County as well as provide additional information to police and fire. He further reported SnoCom's budget is doing well and they reduced their monthly costs by $73,000. Councilmember Fraley-Monillas reported the Public Health District meeting did not have a quorum. They were able to distribute food establishment awards for grocery stores, restaurants and mobile food vendors in Snohomish County. Councilmember Fraley-Monillas reported she was recently appointed to the Law and Justice Committee for Snohomish County. She has attended one meeting and looks forward to learning more about law and justice standards in Snohomish County. Councilmember Bloom reported the Tree Board plans to make its annual presentation to the Council on March 5. The Tree Board's recent meeting included discussion regarding a tree inventory and an Arbor Day celebration. Councilmember Bloom reported the Lodging Tax Advisory Committee discussed exploring advertising on social media and wayfinding signage. Councilmember Bloom reported the Economic Development Commission (EDC) discussed communicating with Council and getting direction from Council. The EDC may develop a questionnaire for Councilmembers to complete. The meeting also included reports from subcommittees, discussion regarding uses in the BD zone and a summary of issues related to gambling. Edmonds City Council Approved Minutes February 26, 2013 Page 15 Packet Page 174 of 178 AM-5795 City Council Meeting Meeting Date: 05/28/2013 Time: 15 Minutes Submitted For: Councilmember Johnson Department: City Council Review Committee: Parks/Planning/Public Works Type: Information Submitted By: Committee Action: 11. Jana Spellman Subject Title Direction to Planning Board and Economic Development Commission regarding Council priorities on Westgate and Five Corners. Recommendation Previous Council Action During the February 2013 Edmonds City Council Retreat the following discussion took place regarding form -based code: "Councilmember Johnson restated her initial idea: as it relates to Westgate and the form based code, she felt the City needed to look at both the land use and transportation as a form based code is developed. Initially she thought the study would complement the work that has been done regarding land use to ensure making the best use of resources. The amount allocated was lowered during budget deliberations due to competing priorities and the hope of partnering with other agencies such as WSDOT. Discussion followed regarding whether to change the focus of a form based code to Five Corners while a transportation analysis is completed for Westgate, study that indicates there are no capacity issues at Westgate with draft form based code, and determining the impact on Edmonds from development at Pt. Wells. Summary: Schedule for Parks, Planning and Public Works Committee." This topic was discussed at the April 8, 2013 Parks, Planning and Public Works Committee Meeting (minutes attached). Narrative This topic has been placed on the May 28, 2013 Council Agenda for further discussion. Attachments April 8, 2013 PPP Committee Minutes Excerpt Form Review Inbox Packet Page 175 of 178 Reviewed By Date Planning Department City Clerk Mayor Finalize for Agenda Form Started By: Jana Spellman Final Approval Date: 05/24/2013 Rob Chave Sandy Chase Dave Earling Sandy Chase 05/16/2013 03:29 PM 05/16/2013 03:32 PM 05/16/2013 03:35 PM 05/16/2013 04:25 PM Started On: 04/26/2013 03:30 PM Packet Page 176 of 178 Parks, Planning and Public Works Committee Meeting April 8, 2013 Elected Officials Present: Council Member Kristiana Johnson Council Member Diane Buckshnis Members of the Public Present: John Reed Val Stewart Don Hall Ron Wambolt Staff Present: Phil Williams, Public Works Director Rob English, City Engineer Carrie Hite, Parks & Recreation Director Renee McRae, Recreation Manager Rob Chave, Acting Dev. Services Director Stephen Clifton, Community Services / Economic Development Director Jeff Taraday, City Attorney The committee convened at 4:00 p.m. in the Fourtner Meeting Room, City Hall. Annual Special Event Contracts A brief discussion was held concerning the annual Special Event Contracts. ACTION: Committee forwarded to Council on consent. 2. Interlocal Agreement with Snohomish County Fire Protection District No. 1 Regarding Classes. A brief discussion was held concerning the Interlocal Agreement. ACTION: Committee forwarded to Council on consent. 3. Discussion regarding development agreements / incentive zoning. City Attorney Jeff Taraday summarized the distinction between development agreements and incentive zoning, and that the two concepts could result in very similar zoning constructs, i.e. that the city could identify benefits or developments that are to be incentivized, and the incentives that the city was willing to `give' in exchange. The best place to start would be for the Council to discuss the types of things it wanted to see happen; this could be done city-wide, or targeted to a specific area. Benefits could be things like affordable housing or open space, or specific uses such as a boutique hotel in the downtown area. Incentives could be a variety of things, such as additional density or height, or reductions in other requirements (such as parking). Incentive zoning can be tailored to a specific location, such as Highway 99 or a portion of downtown. The Committee discussed what areas they would like to explore, with most of the discussion focusing on the potential for addressing the need for a boutique hotel downtown and whether some incentives could be developed for Highway 99. The Committee agreed to further discuss the incentive zoning/development agreement issue at its next meeting, focusing the discussion on downtown and Highway 99. 4. Discussion of Planning Report The Committee discussed how tracking of items referred by Council to the Economic Development Commission or Planning Board could be done. Planning Board members Valerie Stewart and John Reed noted that they intended to keep up their periodic reports to Council, and Packet Page 177 of 178 Parks, Planning and Public Works Committee Minutes April 8, 2013 Page 2 staff indicated that they could also post Planning Board extended agendas online, as is already done for Council extended agendas. The Committee also discussed timing of Westgate and Five Corners form -based zoning plans, with Councilmember Johnson indicating her preference for moving Five Corners ahead of Westgate while Councilmember Buckshnis stated her preference was to keep Westgate moving toward a conclusion. Planning Board Chair Reed said he couldn't speak for the entire Planning Board, but he indicated the Board was nearing completion of its work on Westgate and he felt that work could be completed within a couple of months and should be brought to a conclusion. Acting Development Services Director Rob Chave indicated that it would be beneficial for the Planning Board to have a clear consensus from Council before changing its current work schedule (which has Westgate getting done first). The Committee also had a brief discussion about timing of the Westgate Corridor Study and how that might affect overall planning efforts. 5. Report on final construction costs for the Talbot Road Grind and Overlay Small Works Project and acceptance of project. Mr. Williams described the scope of work completed and the final cost paid to the contractor. ACTION: Moved to Consent Agenda for approval. 6. Authorization for Mayor to approve release of a Utility Easement & acceptance and recording of new Storm Utility and Public Pedestrian Access Easement Mr. Williams briefly described the locations of the new stormwater and pedestrian easements and why they were needed as part of the proposed Walgreen's Development. He also provided information on why the existing easement was being released. ACTION: Moved to Consent Agenda for approval. 7. Authorization for Mayor to approve acceptance and recording of a Water Utility Easement. Mr. English explained the history of the Willow Townhomes and why the easements were necessary for water meters and a fire hydrant. ACTION: Moved to Consent Agenda for approval. 8. Authorization to award a construction contract for the 2013 Waterline Replacement Project. Mr. Williams gave a summary of the current project schedule and budget for the project. He informed the committee that bids are due on April 16t" and it was anticipated the construction contract would be on the consent agenda for award on the April 23rd Council meeting. ACTION: Moved to Consent Agenda for approval. 9. Quarterly Public Works Project Report. Mr. English reviewed selected projects that were in construction or scheduled for construction later this year. Councilmember Buckshnis recommended staff review the report at a future Council meeting on a night when there was availability on the agenda. Packet Page 178 of 178