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2013-07-09 City Council - Public Agenda-1503'4- o 90� AGENDA EDMONDS CITY COUNCIL Council Chambers — Public Safety Complex 250 5th Avenue North, Edmonds JULY 9, 2013 6:00 P.M. City Council Committee Meetings The City Council Committee meetings are work sessions for the City Council and staff. Members of the public are welcome to observe the meeting, but public participation is limited to making comments at the end of the meeting with a 3 minute limit per person. j, Finance Committee Meeting Location: Council Chambers A. (10 Minutes) Reinstating clerk position B. (10 Minutes) L & I Claims Management C. (10 Minutes) Interlocal with Snohomish County regarding City Park project funding. D. (10 Minutes) Restoration of the Parks irrigation budget. E. (15 Minutes) Discussion regarding budget amendment to fund the Development Services Director position. F. (5 Minutes) Authorization to contract with James G. Murphy to sell surplus city vehicles. G. (10 Minutes) May 2013 Monthly Financial Report H. (10 Minutes) Public Comments (3 Minute Limit Per Person) 2. Parks. Planning & Public Works Committee Meeting Location: Jury Meeting Room A. (5 Minutes) Quarterly Public Works Project Report B. (5 Minutes) Authorization to advertise a Request for Bids for construction services for the 224th Street SW Waterline Replacement Project. Packet Page 1 of 155 C. (5 Minutes) Authorization for Mayor to approve acceptance and recording of easements for the 228th St. SW Corridor Improvements Project. D. (15 Minutes) Discussion on critical areas 'allowed uses' provisions. E. (15 Minutes) Continued discussion on Park Impact Fees. F. (5 Minutes) Interlocal Agreement with Snohomish County regarding City Park Project. G. (10 Minutes) Public Comments (3 Minute Limit Per Person) 3. Public Safety and Personnel Committee Meeting Location: Police Training Room A. (10 Minutes) Discussion: Edmonds City Code Chapter 2 Revisions. B. (10 Minutes) Reinstating clerk position C. (10 Minutes) L & I Claims Management D. (30 Minutes) Discussion regarding Code of Ethics. E. (10 Minutes) Review of appointment of two new members to the Edmonds Public Facilities District Board. F . (10 Minutes) Public Comments (3 Minute Limit Per Person) Packet Page 2 of 155 AM-5918 City Council Committee Meetings Meeting Date: 07/09/2013 Time: 10 Minutes Submitted By: Doug Fair Department: Municipal Court Committee: Finance Subject Title Reinstating clerk position Type: Information Recommendation Reinstate the one-half time clerk position to the previous level of full-time. Previous Council Action Narrative Action 1. A. In 2012, before the hiring freeze was instituted, my staffing level was five clerks: four clerks were permanent employees and one was a probationary employee. Unfortunately the probationary employee did not make it through the probation period successfully. By the time it was determined that she would not be retained; the hiring freeze had been instituted. We were able to keep a part-time position in lieu of filling the full-time probationary position. Luckily, during this time our filings were significantly below our averages. Our filings had averaged between 7700 and 7900 per year for the years 2008-2011, inclusive. In 2012 the filings dropped to 6325. As you may recall, that drop in filings was as a result of a number of injured officers in the traffic division of the police department. Since early in 2013, the traffic division has been at full strength. Predictably, our filings have increased. We are now again on pace to reach our historical averages. Through the end of April we have had 2,560 filings. This extrapolates to approximately 7700 filings for the year. We have been using volunteer interns to help us meet the growing number of filings. However, they are not a substitute for a dedicated employee. We have observed the staff working on their lunches and breaks. We have reminded them that this is against our policies but they have indicated that they are unable to meet their workload unless they perform extra work. While I am impressed with their phenomenal work ethic, we should not be placing any staff member in this type of untenable position. I am requesting approval to return my staffing level to the pre -hiring freeze level. The cost of this decision, including benefits, is about $25,000-$30,000 on an annual basis. Currently there is money available in the Mayor's non -departmental budget to cover this expense. Both the Mayor and HR approve of this decision. Fiscal Year: 2013 Fiscal Impact Revenue: Expenditure: $15,000 Fiscal Impact• The impact listed above is for the balance of the year. Anticipated future impacts are $25,000430,000 per year. Form Review Inbox Reviewed By Date City Clerk Sandy Chase 07/03/2013 10:22 AM Mayor Dave Earling 07/03/2013 11:34 AM Finalize for Agenda Sandy Chase 07/03/2013 12:02 PM Form Started By: Doug Fair Started On: 07/03/2013 08:41 AM Packet Page 3 of 155 Final Approval Date: 07/03/2013 Packet Page 4 of 155 AM-5912 City Council Committee Meetings Meeting Date: 07/09/2013 Time: 10 Minutes Submitted By: Carrie Hite Department: Parks and Recreation Committee: Finance Type: Information Subject Title L & I Claims Management Recommendation Council review memo in packet and discuss any concerns. Previous Council Action Narrative Please see memo in packet L & I Claims Management Inbox City Clerk Mayor Finalize for Agenda Form Started By: Carrie Hite Final Approval Date: 07/03/2013 Attachments Information Form Review Reviewed By Date Sandy Chase 07/01/2013 09:20 AM Dave Earling 07/02/2013 11:11 AM Sandy Chase 07/03/2013 11:27 AM Started On: 06/28/2013 09:36 AM 1. B. Packet Page 5 of 155 To: City Council From: Carrie Hite, Reporting Director for HR Mary Ann Hardie, HR Manager Date: June 28, 2013 Re: L & I Claims Management Background: The HR department has been reviewing the City's worker's compensation (L & 1) program as a continued part of risk management from a safety (safe work practices &injury claims prevention) and a loss control (minimization of cost) perspective. As part of this process, the HR department has been looking at the internal and external claims management process options. The HR department has also been working on compiling the comprehensive City's Accident Prevention Plan (APP) in coordination with the City's Safety & Wellness Committee. This plan, which focuses on safety and accident prevention, will be an important component of the worker's compensation program. It is estimated that a rough draft of this plan will be completed by the end of the year and a final draft issued in early 2014. Overview The City is state insured and currently has approximately 194 full time employees as well as 75 other worker's compensation coverage eligible positions such as: elected officials, part time, seasonal/temporary employees and volunteers. The City pays L & I premiums based on our experience modification factor which is determined by the number of claims and the costs (L & I has paid out) associated with those claims. Our current experience modification factor is 1.40. Last year ( 2012) the City's L & I premium was $402,000. Historically, from 2004 — 2009, prior to the 55 Fire Department employees transferring to FD 1 on 1/1/10, the City averaged a total of 33 L & I recordable claims per year with a total average cost of $372,517 per year. For the last three years (2010 — 2012), the City has averaged around 22 claims per year for a total average claims cost (not including L & I premiums) of $243,090.70 per year. As the claims are higher, so is the premium cost to L & I. While there has been a reduction in the number of claims and the costs associated with the claims through less claims filed, close internal claims management of open claims, and a reduction of staffing levels (with the transfer of the Fire Department employees), the City still faces continued premium increases based on our experience modification factor and the potential risk of costly L & I claims. This is especially evident in those departments where there is an inherently greater exposure to workplace hazards (public safety, public works and parks and recreation). These L & I claims are not only unpleasant for the employee and can have lasting effects, but they also impact productivity and can be difficult for morale. For example, in 2007, one work related back injury claim in one department alone cost a total of $207,429.03 (this claimant is no longer employed at the City). Additionally, the city has an aging workforce, with an average age of 48, and the types of injury claims that occur over a period of time are increasing (such as repetitive injuries, musculoskeletal disorders and occupational work diseases). These types of claims and the normal strains, sprains and tears at an older age may make for a longer recovery period as well. From 2004 — 2009, the City had a total of 8 occupational work disease claims (which occurred over a period of time); from 2010-2012, the City had a total of 5 occupational work disease claims. Additionally, while there has been a lowering of the number of claims, there has been a steady average in the total days of lost time (time loss) from work and light Packet Page 6 of 155 duty worked due recovery periods from the injuries. From 2004 — 2009, the City averaged 545 days of time loss and 49.5 days of light duty worked; from 2010-2012, the City averaged 628 days of time loss and 83 days of light duty worked. The HR department has researched the various options to manage claims better, thus lowering the cost of the City's premiums, increasing workplace safety, and staff morale. Following are the options, and a staff recommendation about next steps. Options: 1. Continue as is, relying on State program. Historically, from 2004 — 2009, prior to the 55 Fire Department employees transferring to FD 1 on 1/1/10, the City averaged a total of 33 L & I recordable claims per year with a total average cost of $372,517 per year. For the last three years (2010 — 2012), the City has averaged around 22 claims per year for a total average claims cost (not including L & I premiums) of $243,090.70 per year. Our current premium cost is approximately $400,000 per year. 2. Rejoin AWC retro group In 2004, the City joined the Association of Washington Cities' (AWC) retro group program which coordinates with the City's worker's compensation program (this is the only retro program the City can participate in) to improve our L & I premium costs and manage our claims costs. The retro group provides claims management assistance for service (often membership) fees as well as providing accident prevention training and a potential for a refund of the L & I premium paid. The AWC retro group is comprised of a number of other AWC cities and counties, with all claims being "pooled" together. These types of retro groups may offer a better refund potential because they have a larger premium total and the risk is spread out with the pooling of entities. Conversely, however, if the City has a bad claim year and/or others in the retro group have bad claim years, there is a certain amount of risk for ending up with an assessment (paying more premiums). In 2005, the City received an assessment from AWC for 2004 premiums for $52,525. The City discontinued participating in the AWC retro group after that year. In reviewing whether or not rejoining the AWC retro pool may be of a benefit to the City, the refund/assessment information (available) for 2005 — 2011 for the AWC retro group was reviewed. It appears that AWC's retro refund has declined during this period from 13% in 2005 to 2% in 2011. Also, new L & I standards for retro groups recently enacted will likely make it far more challenging for retro group participants to meet goals and see continued refunds of premiums. 3. Hire a third party to manage claims. Our LEOFF 1 medical insurance and our Standard Life Insurance program broker, Alliant put us in touch with a third party worker's compensation claims administrator, Penser North America, Inc. ("Penser") to analyze our claims data history and to provide information on what services they could provide to the City to achieve possible cost savings with our worker's compensation program. Penser is a very well- known claim administration/risk management/consulting company that has been in the self- insurance/state-insurance claims administration, group retro program, loss control, education/training, property & casualty and unemployment insurance services for over 40 years. They have been successful in achieving good costs savings and claims management through their third party administration services for worker's compensation programs for many other public and private sector organizations. Penser comes well -recommended for their worker's compensation claims administration services from: Pierce County, Benton County, Lewis County, City of Puyallup and the City of Redmond. Packet Page 7 of 155 Based upon Penser's analysis of the City's claims history, Penser's goal would be to drop our hourly rates by approximately 47%, which could, over the course of the next three years, have potential savings of $140,000 annually as follows: • 2013- 2015 —The City's currently experience modification factor is currently 1.40. Penser estimates a reduction of the experience modification factor to a 1.00 using their services (this would likely be a two-step drop, and will be helped if the Penser and the City can begin working the claims immediately). By reducing the modification factor to a 1.00 this would lower the City's L & I premium to about $289,000. This would save the City approximately $114,749 per year in premium to the State. 2016 — An estimated additional decrease of .10 in the experience modification factor to .90. This would save the city around another $29,000. • Going forward, it is anticipated that Penser would be working to maintain the City's experience modification factor at around .90 or lower giving the city at least an annual reduction/ savings in premium dollars of around $143,749. This is a savings that would occur each year. Unlike the retro group, Penser would be the initial point of contact for injured employees with worker's compensation claims. With some of the more challenging claims, this serves as an added benefit for the City in that Penser handles the direct interactions with the employee on the claim. Penser also provides training to managers and supervisors on proper accident investigations, safety analysis of work locations, direct claims management assistance with employees and will interface directly with the City to quickly open and close L & I claims and to assist employees in early return to work (to help lower the actual claims costs). Penser has a vocational rehabilitation counselor service provider (Bock Consulting) that they contract with that has the expertise to work with the challenging claims and the longer Penser's cost for services is 3% of the City's L & I premiums paid to L & I, billed each quarter at the end of the quarter. At the City's current size, the fee would be approximately $3,000 per quarter (with a one-time set up fee of $750). As the City's premiums go down, this rate would decrease as well. This first year, the total annual payment for service to Penser would be approximately $12,000, with significant potential savings in the City's L & I premiums. Next Steps In consultation with the Mayor and review by the Finance Director, the administration would like to proceed with Option 3, hiring a third party claims management group. This is in the budgetary and contractual authority of the Mayor. This discussion with Council is to query any concerns in proceeding forward. Packet Page 8 of 155 AM-5908 City Council Committee Meetings Meeting Date: 07/09/2013 Time: 10 Minutes Submitted By: Carrie Hite Department: Parks and Recreation Committee: Finance Type: Information Subject Title Interlocal with Snohomish County regarding City Park project funding. Recommendation Authorize Mayor to sign the Interlcoal Agreement with Snohomish County Previous Council Action Action 1. C. Narrative Snohomish County recently sold bonds to support various projects around Snohomish County. They have awarded $80,000 to support the City Park Spray and Play Revitalization project. This request is for Council to authorize the Mayor to sign the Interlocal Agreement to receive funding for this project. Interlocal Agreement with Snoho Ctv Inbox Reviewed By City Clerk Sandy Chase Mayor Dave Earling Finalize for Agenda Sandy Chase Fonn Started By: Carrie Hite Final Approval Date: 07/02/2013 Attachments Form Review Date 07/01/2013 09:20 AM 07/02/2013 07:05 AM 07/02/2013 08:08 AM Started On: 06/28/2013 08:59 AM Packet Page 9 of 155 INTERLOCAL AGREEMENT BETWEEN SNOHOMISH COUNTY AND THE CITY OF EDMONDS FOR PARK PROJECT FUNDING This INTERLOCAL AGREEMENT BETWEEN SNOHOMISH COUNTY AND THE CITY OF EDMONDS FOR PARK PROJECT FUNDING (this "Agreement"), is made and entered into this day of , 2013, by and between SNOHOMISH COUNTY, a political subdivision of the State of Washington (the "County"), and the CITY OF EDMONDS, a Washington municipal corporation (the "City"), pursuant to Chapter 39.34 RCW. RECITALS A. The 2007 Comprehensive Parks and Recreation Plan, a component of the Snohomish County Growth Management Act Comprehensive Plan, has documented a County -wide need for a wide variety of recreational facilities; and B. The County Executive and the County Council have determined that it is consistent with the Comprehensive Parks and Recreation Plan and is in the public interest of County residents to participate in joint undertakings with local municipalities to increase recreational opportunities and facility capacity; and C. Pursuant to Ordinance No. 13-018 (the "Bond Ordinance") the County authorized the issuance and sale of its limited tax general obligation bonds (the "Bonds") to provide long-term financing for certain projects, which included "Parks Projects" located in the County; and D. The Bond Ordinance defines "Parks Projects" as those capital projects for the acquisition, development, construction, renovation, improvement, and/or maintenance of public outdoor recreation areas and facilities, public athletic facilities, neighborhood, community and regional parks, backcountry recreational areas, and/or recreational trails and facilities, which are identified by the County Council by motion (as an administrative act) that meet one or more of the following criteria: (i) The project will promote wellness and improve access to recreation; (ii) The project will provide public access to water for recreational enjoyment; (iii) The project will provide a positive impact on economic growth; (iv) The project meets a recognized community need and is supported in existing planning documents; and/or (v) Funding for the project will be matched by local community dollars or volunteer efforts; and E. By Motion 13-137 on April 17, 2013, the County Council approved a list of those Parks Projects to be financed with proceeds of the Bonds, which included a project providing matching funds up to the amount of Eighty Thousand and no/100 Dollars ($80.000.00) (the "Matching Funds") to the City for the Edmonds City Park project; and F. Pursuant to this Agreement and Chapter 39.34 RCW, the City wishes to accept the above -described matching funds from the County; and INTERLOCAL AGREEMENT BETWEEN SNOHOMISH COUNTY AND THE CITY OF EDMONDS FOR PARK PROJECT FUNDING 1 of 9 Packet Page 10 of 155 AGREEMENT NOW, THEREFORE, in consideration of the respective agreements set forth below and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the County and the City agree as follows: 1. Purpose of Agreement. This Agreement is authorized by and entered into pursuant to Chapter 39.34 RCW. The purpose and intent of this Agreement is to define the responsibilities of the County and the City as they relate to the County's provision of matching funds to the City for ADA and playground renovations (the "Project") located at Edmonds City Park, 600 3rd Avenue South, Edmonds, WA (the "Park Property"). Site enhancements include a splash area. 2. Effective Date and Duration. This Agreement shall not take effect unless and until it has been duly executed by both parties and either filed with the County Auditor or posted on the County's Interlocal Agreements website. This Agreement shall remain in effect through April 24, 2016, unless earlier terminated pursuant to the provisions of Section 12 below, PROVIDED HOWEVER, that each party's obligations after December 31, 2013, are contingent upon local legislative appropriation of necessary funds for this specific purpose in accordance with applicable law. 3. Administrators. Each party to this Agreement shall designate an individual (an "Administrator"), who may be designated by title or position, to oversee and administer such party's participation in this Agreement. The parties' initial Administrators shall be the following individuals: County's Initial Administrator: Tom Teigen, Director Snohomish County Parks and Recreation Department 6705 Puget Park Drive Snohomish, Washington 98296 (425) 388-6617 phone (425) 388-6645 facsimile Tom.Teigen@snoco.org City's Initial Administrator: Carrie Hite, Director City of Edmonds Recreation and Cultural Services 700 Main Street Edmonds, WA 98020 (425) 771-0230 phone carrie.hite@edmondswa.gov Either party may change its Administrator at any time by delivering written notice of such party's new Administrator to the other party. INTERLOCAL AGREEMENT BETWEEN SNOHOMISH COUNTY AND THE CITY OF EDMONDS FOR PARK PROJECT FUNDING 2 of 9 Packet Page 11 of 155 4. Project Performance. 4.1 Certification of Real Property Interest. The City certifies to the County that the City owns the real property or easements upon which the Project shall be executed and additional real property or easements are not needed to complete the Project. 4.2 City's Financial Commitment. The City certifies to the County that the City has monies sufficient to match any funding provided by the County to the City under the terms of this Agreement and will have sufficient monies to complete the Project by the Project deadline identified in Section 4.3 below (the "City's Financial Commitment"). 4.3 Project Deadline. On or before August 31, 2015, the City shall complete the Project. In executing the Project, the City shall obtain and, upon request, provide the County with copies of all permits necessary to complete the Project. 4.4 Recognition of County as Financial Sponsor. The City shall recognize the County as a financial sponsor of the Project as follows: 4.4.1 Upon completion of the Project or dedication of the Park Property, whichever comes first, the City shall install at the Park Property a plaque in a form approved by the County that indicates that the County is a financial sponsor of the Project; 4.4.2 The City shall invite the County to all events promoting the Project or Park Property and recognize the County at all such events as a financial sponsor of the Project; 4.4.3 The City shall recognize the County as a financial sponsor in all brochures, banners, posters, and other promotional material related to the Project. 4.5 Project Maintenance. The City shall be responsible for on -going capital improvements to, and maintenance of, the Project and Park Property. The County makes no commitment to support the Project or Park Property beyond what is provided for in this Agreement and assumes no obligation for future support of the Project or Park Property except as expressly set forth in this Agreement. 4.6 Availability to County Residents. The City shall make the Park Property available to all County residents on the same terms as to residents of the City. 5. Invoicing and Payment. 5.1 Invoicing. Prior to December 31, 2015, the City shall submit to the County an invoice requesting disbursement of the Matching Funds for the Project. The invoice shall provide line item detail for materials, labor and overhead and include any INTERLOCAL AGREEMENT BETWEEN SNOHOMISH COUNTY AND THE CITY OF EDMONDS FOR PARK PROJECT FUNDING 3 of 9 Packet Page 12 of 155 documentation requested by the County, including but not limited to documentation as to what amounts have been spent by the City on the Project. 5.2 Payment. Unless the County delivers to the City written notice disputing the amount of a particular line item, within twenty (20) working days of receipt from the City of a invoice properly submitted to the County pursuant to Section 5.1, the County shall remit to the City an amount not to exceed Eighty Thousand and no/100 Dollars ($80,000.00). 5.3 No Overpayments. In the event that the Project is completed for less than the combined total of the Matching Funds and the City's Financial Commitment, the County shall remit to the City an amount of Matching Funds equal to the difference between the City's Financial Commitment and the total cost of the Project. In no case shall the City retain Matching Funds which it does not utilize in the Project or that it utilizes in the Project without first exhausting the City's Financial Commitment. Should an overpayment occur, the County shall give written notice to the City of the overpayment, and within thirty (30) days of the notice of overpayment the City shall return to the County the overpaid Matching Funds plus interest at the rate of twelve percent (12%) per annum beginning thirty (30) days from the date of the notice of overpayment. 5.4 Accounting. The City shall maintain a system of accounting and internal controls which complies with generally accepted accounting principles and governmental accounting and financial reporting standards in accordance with Chapter 40.14 RCW. 5.5 Recordkeeping_. The City shall maintain adequate records to support billings. The records shall be maintained by the City for a period of five (5) years after completion of this Agreement. The County, or any of its duly authorized representatives, shall have access to books, documents, or papers and records of the City relating to this Agreement for purposes of inspection, audit, or the making of excerpts or transcripts. 6. Independent Contractor. The City will perform all work associated with the Project as an independent contractor and not as an agent, employee, or servant of the County. The City shall be solely responsible for control, supervision, direction and discipline of its personnel, who shall be employees and agents of the City and not the County. The County shall only have the right to ensure performance. 7. Indemnification/Hold Harmless. The City shall assume the risk of, be liable for, and pay all damage, loss, costs and expense of any party arising out of the activities under this Agreement and all use of any improvements it may place on the Property. The City shall hold harmless, indemnify and defend the County, its officers, elected and appointed officials, employees and agents from and against all claims, losses, lawsuits, actions, counsel fees, litigation costs, expenses, damages, judgments, or decrees by reason of damage to any property or business and/or any death, injury or disability to or of any person or party, including but INTERLOCAL AGREEMENT BETWEEN SNOHOMISH COUNTY AND THE CITY OF EDMONDS FOR PARK PROJECT FUNDING 4 of 9 Packet Page 13 of 155 not limited to any employee, arising out of or suffered, directly or indirectly, by reason of or in connection with the acquisition or use of the Park Property and this Agreement; PROVIDED, that the above indemnification does not apply to those damages solely caused by the negligence or willful misconduct of the County, its elected and appointed officials, officers, employees or agents. 8. Liability Related to City Ordinances, Policies, Rules and Regulations. In executing this Agreement, the County does not assume liability or responsibility for or in any way release the City from any liability or responsibility which arises in whole or in part from the existence or effect of City ordinances, policies, rules or regulations. If any cause, claim, suit, action or administrative proceeding is commenced in which the enforceability and/or validity of any such City ordinance, policy, rule or regulation is at issue, the City shall defend the same at its sole expense and, if judgment is entered or damages are awarded against the City, the County, or both, the City shall satisfy the same, including all chargeable costs and reasonable attorney's fees. 9. Insurance. The City shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons or damages to property which may arise from, or in connection with exercise of the rights and privileges granted by this Agreement, by the City, his agents, representatives, employees/subcontractors. The cost of such insurance shall be paid by the City. 9.1 Minimum Scope and Limits of Insurance. General Liability: Insurance Services Office Form No. CG 00 01 Ed. 11-88, covering COMMERCIAL GENERAL LIABILITY with limits no less than $1,000,000 combined single limit per occurrence for bodily injury, personal injury, and property damage. 9.2 Other Insurance Provisions. Coverage shall be written on an "Occurrence" form. The insurance policies required in this Agreement are to contain or be endorsed to contain the County, its officers, officials, employees, and agents as additional insureds as respects liability arising out of activities performed by or on behalf of the City in connection with this Agreement. 9.3 Verification of Coverage. The City shall furnish the County with certificate(s) of insurance and endorsement(s) required by this Agreement. 10. Compliance with Laws. In the performance of its obligations under this Agreement, each party shall comply with all applicable federal, state, and local laws, rules and regulations. INTERLOCAL AGREEMENT BETWEEN SNOHOMISH COUNTY AND THE CITY OF EDMONDS FOR PARK PROJECT FUNDING 5 of 9 Packet Page 14 of 155 11. Default and Remedies. 11.1 Default. If either the County or the City fails to perform any act or obligation required to be performed by it hereunder, the other party shall deliver written notice of such failure to the non -performing party. The non -performing party shall have twenty (20) days after its receipt of such notice in which to correct its failure to perform the act or obligation at issue, after which time it shall be in default ("Default") under this Agreement; provided, however, that if the non-performance is of a type that could not reasonably be cured within said twenty (20) day period, then the non -performing party shall not be in Default if it commences cure within said twenty (20) day period and thereafter diligently pursues cure to completion. 11.2 Remedies. In the event of a party's Default under this Agreement, then after giving notice and an opportunity to cure pursuant to Section 11.1 above, the non - Defaulting party shall have the right to exercise any or all rights and remedies available to it in law or equity. 12. Early Termination. 12.1 30 Days' Notice. Except as provided in Sections 12.2 and 12.3 below, either party may terminate this Agreement at any time, with or without cause, upon not less than thirty (30) days advance written notice to the other party. The termination notice shall specify the date on which the Agreement shall terminate. 12.2 Lack of Funding. This Agreement is contingent upon governmental funding and local legislative appropriations. In the event that funding from any source is withdrawn, reduced, limited, or not appropriated after the effective date of this Agreement, this Agreement may be terminated by either party immediately by delivering written notice to the other party. The termination notice shall specify the date on which the Agreement shall terminate. 12.3 Termination for Breach. In the event that the City fails to complete the Project by August 31, 2015, commits a Default as described in Section 11, or otherwise fails to appropriate the funds necessary to complete the Project, the County may terminate this Agreement immediately by delivering written notice to the City. Within thirty (30) days of such early termination, the City shall return to the County all Matching Funds previously disbursed from the County to the City for the Project plus interest at the rate of twelve percent (12%) per annum beginning thirty (30) days from the date of early termination. 13. Dispute Resolution. In the event differences between the parties should arise over the terms and conditions or the performance of this Agreement, the parties shall use their best efforts to resolve those differences on an informal basis. If those differences cannot be resolved INTERLOCAL AGREEMENT BETWEEN SNOHOMISH COUNTY AND THE CITY OF EDMONDS FOR PARK PROJECT FUNDING 6 of 9 Packet Page 15 of 155 informally, the matter may be referred for mediation to a mediator mutually selected by the parties. If mediation is not successful or if a party waives mediation, either of the parties may institute legal action for specific performance of this Agreement or for damages. The prevailing party in any legal action shall be entitled to a reasonable attorneys' fee and court costs. 14. Notices. All notices required to be given by any party to the other party under this Agreement shall be in writing and shall be delivered either in person, by United States mail, or by electronic mail (email) to the applicable Administrator or the Administrator's designee. Notice delivered in person shall be deemed given when accepted by the recipient. Notice by United States mail shall be deemed given as of the date the same is deposited in the United States mail, postage prepaid, and addressed to the Administrator, or their designee, at the addresses set forth in Section 3 of this Agreement. Notice delivered by email shall be deemed given as of the date and time received by the recipient. 15. Miscellaneous. 15.1 Entire Agreement; Amendment. This Agreement constitutes the entire agreement between the parties regarding the subject matter hereof, and supersedes any and all prior oral or written agreements between the parties regarding the subject matter contained herein. This Agreement may not be modified or amended in any manner except by a written document executed with the same formalities as required for this Agreement and signed by the party against whom such modification is sought to be enforced. 15.2 Conflicts between Attachments and Text. Should any conflicts exist between any attached exhibit or schedule and the text or main body of this Agreement, the text or main body of this Agreement shall prevail. 15.3 Governing Law and Venue. This Agreement shall be governed by and enforced in accordance with the laws of the State of Washington. The venue of any action arising out of this Agreement shall be in the Superior Court of the State of Washington, in and for Snohomish County. In the event that a lawsuit is instituted to enforce any provision of this Agreement, the prevailing party shall be entitled to recover all costs of such a lawsuit, including reasonable attorney's fees. 15.4 Interpretation. This Agreement and each of the terms and provisions of it are deemed to have been explicitly negotiated by the parties, and the language in all parts of this Agreement shall, in all cases, be construed according to its fair meaning and not strictly for or against either of the parties hereto. The captions and headings in this Agreement are used only for convenience and are not intended to affect the interpretation of the provisions of this Agreement. This Agreement shall be construed so that wherever applicable the use of the singular number shall include the plural number, and vice versa, and the use of any gender shall be applicable to all genders. INTERLOCAL AGREEMENT BETWEEN SNOHOMISH COUNTY AND THE CITY OF EDMONDS FOR PARK PROJECT FUNDING 7 of 9 Packet Page 16 of 155 15.5 Severability. If any provision of this Agreement or the application thereof to any person or circumstance shall, for any reason and to any extent, be found invalid or unenforceable, the remainder of this Agreement and the application of that provision to other persons or circumstances shall not be affected thereby, but shall instead continue in full force and effect, to the extent permitted by law. 15.6 No Waiver. A party's forbearance or delay in exercising any right or remedy with respect to a Default by the other party under this Agreement shall not constitute a waiver of the Default at issue. Nor shall a waiver by either party of any particular Default constitute a waiver of any other Default or any similar future Default. 15.7 No Assignment. This Agreement shall not be assigned, either in whole or in part, by either party without the express written consent of the other party, which may be granted or withheld in such party's sole discretion. Any attempt to assign this Agreement in violation of the preceding sentence shall be null and void and shall constitute a Default under this Agreement. 15.8 Warranty of Authority. Each of the signatories hereto warrants and represents that he or she is competent and authorized to enter into this Agreement on behalf of the party for whom he or she purports to sign this Agreement. 15.9 No Joint Venture. Nothing contained in this Agreement shall be construed as creating any type or manner of partnership, joint venture or other joint enterprise between the parties. 15.10 No Separate Entity Necessary The parties agree that no separate legal or administrative entities are necessary to carry out this Agreement. 15.11 Ownership of Property. Except as expressly provided to the contrary in this Agreement, any real or personal property used or acquired by either party in connection with its performance under this Agreement will remain the sole property of such party, and the other party shall have no interest therein. 15.12 No Third Party Beneficiaries. This Agreement and each and every provision hereof is for the sole benefit of the City and the County. No other persons or parties shall be deemed to have any rights in, under or to this Agreement. 15.13 Execution in Counterparts. This Agreement may be executed in two or more counterparts, each of which shall constitute an original and all of which shall constitute one and the same agreement. [The remainder of this page is intentionally left blank.] INTERLOCAL AGREEMENT BETWEEN SNOHOMISH COUNTY AND THE CITY OF EDMONDS FOR PARK PROJECT FUNDING 8 of 9 Packet Page 17 of 155 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written. COUNTY: CITY: Snohomish County, a political subdivision City of Edmonds, a Washington of the State of Washington municipal corporation Name: John Lovick Title: County Executive Approved as to Form: Deputy Prosecuting Attorney Name: Title: Approved as to Form: City Attorney [The remainder of this page is intentionally left blank.] INTERLOCAL AGREEMENT BETWEEN SNOHOMISH COUNTY AND THE CITY OF EDMONDS FOR PARK PROJECT FUNDING 9 of 9 Packet Page 18 of 155 AM-5910 City Council Committee Meetings Meeting Date: 07/09/2013 Time: 10 Minutes Submitted By: Carrie Hite Department: Parks and Recreation Committee: Finance Type: Information Subject Title Restoration of the Parks irrigation budget. Recommendation Council consider restoration of the Parks watering budget. Action 1. D. Previous Council Action Counicl approved the 2013 budget with various service level cuts, one being the irrigation in the parks, specifically fields. Narrative At the request of Council president Lora Petso, this agenda item is submitted for consideration by the Finance Committee. The total amount needed to restore irrigation in the Parks is $15,000. We would not need any corresponding seasonal labor to mow the parks, as we have already hired seasonal labor to cover the absence of a fulltime retirement. Inbox Reviewed By City Clerk Sandy Chase Mayor Dave Earling Finalize for Agenda Sandy Chase Form Started By: Carrie Hite Final Approval Date: 07/03/2013 Form Review Date 07/01/2013 09:20 AM 07/03/2013 11:34 AM 07/03/2013 12:02 PM Started On: 06/28/2013 09:06 AM Packet Page 19 of 155 AM-5920 City Council Committee Meetings Meeting Date: 07/09/2013 Time: 15 Minutes Submitted For: Councilmember Bloom Submitted By: Jana Spellman Department: City Council Committee: Finance Tyne: Information Information Subject Title Discussion regarding budget amendment to fund the Development Services Director position. Recommendation Previous Council Action 1. E. Narrative The Development Services Director position was vacated in 2009. Despite the fact that the position was funded in subsequent budgets, the position was never filled. The Development Services Director is a key position, responsible for supervision and oversight of the Development Services Department, consisting of the Planning and Building Departments. This position is also responsible for enforcement of five chapters of the City of Edmonds code. Our code is in the process of a long overdue code re -write, which should be done under the oversight of the Development Services Director. The Finance Committee is being asked to review the request by Councilmember Bloom to consider a budget amendment to fund the Development Services Director position in 2013, rather than delay funding of this vital position until the 2014 budget. Memo from R. Neumaier, Finance Director Inbox Reviewed By City Clerk Sandy Chase Mayor Dave Earling Finalize for Agenda Sandy Chase Form Started By: Jana Spellman Final Approval Date: 07/05/2013 Attachments Form Review Date 07/03/2013 11:26 AM 07/05/2013 11:00 AM 07/05/2013 11:02 AM Started On: 07/03/2013 10:10 AM Packet Page 20 of 155 M E M O R A N D U M Date: July 3, 2013 To: Edmonds City Council Finance Committee From: Roger Neumaier, Finance Director Subject: Development Services Director Position Information A Councilmember has proposed that the Development Services Director be funded within the General Fund. The position is currently filled with an acting appointment. I have been asked two questions to which this memo responds. Question #1: If Council decides to fund the Development Services Director position, what alternatives for Funding Exist? Available alternatives for funding the position in the General fund include: 1) Using fund balance. 2) Reducing expenditures elsewhere to achieve funding. 3) Updating revenue projections to create new revenue that can be used to fund the position. In this instance, each of these alternatives could be utilized. Question #2: What is the history of the Development Services Director Position since vacancy in 2009? The Development Services Director position was included in the 2009, 2010 and 2011 budgets. The Salary Budget for 2010 was $292,327. The Salary Budget for 2011 was $283,421. Actual Dollars expended for 2011 were $138,622. The 2010 and 2011 budgets were under -expended for salaries in this area. On page 114 of the 2011 budget, under the Development Services Administration narrative, it states: "Development Services Administration consists of the Director, two part-time Administrative Assistants and the Code Enforcement Officer." The 2012 Budget narrative (page 112) states: "Development Services Administration consists of the Director, two part time Administrative Assistants and the Code Enforcement Officer". I believe that this statement was an oversight error because the Salary Budget for 2012 was $152,794. The Salary Budget for 2013 was $148,131. In the narrative (page 112), it states "Development Services Administration consists of the Director (vacant and not budgeted other than for acting pay), two part time Administrative Assistants and the Code Enforcement Officer". This states the situation that is the case in 2013 and was the case in 2012. So, the change in budgeting staffing occurred during budget development in 2012. I would be pleased to respond to any follow up questions at the Finance Committee Meeting on July 91" City of Edmonds Finance Department Packet Page 21 of 155 AM-5864 City Council Committee Meetings Meeting Date: 07/09/2013 Time: 5 Minutes Submitted For: Phil Williams Submitted By: Kody McConnell Department: Public Works Committee: Finance Tyne: Information Subject Title Authorization to contract with James G. Murphy to sell surplus city vehicles. 1. F. Recommendation It is recommended that authorization be given to Public Works to contract with James G. Murphy Auctioneers to sell a surplus vehicle obtained through a seizure by the Edmonds Police Department. Previous Council Action Narrative Previously, the city has utilized the services of James G. Murphy Auctioneers to sell surplus city vehicles and equipment. This has proven to be a cost effective method to manage surplus items. The following vehicle was obtained through seizure by the Edmonds Police Department and can be divested as surplus. 1994 Ford Explorer VIN# I FMDU34XXRUA 10745 WA License # 296-ZGT Fiscal Impact Fiscal Year: 2013 Fiscal Impact• Monies will be deposited into the general fund account. Inbox City Clerk Mayor Finalize for Agenda Form Started By: Kody McConnell Final Approval Date: 07/02/2013 Reviewed By Sandy Chase Dave Earling Sandy Chase Revenue: $1,500 Form Review Date 07/01/2013 09:20 AM 07/02/2013 07:04 AM 07/02/2013 08:08 AM Started On: 06/13/2013 11:24 AM Expenditure: Packet Page 22 of 155 AM-5925 City Council Committee Meetings Meeting Date: 07/09/2013 Time: 10 Minutes Submitted For: Roger Neumaier Department: Finance Committee: Finance Subject Title May 2013 Monthly Financial Report Recommendation N.A. For informational purposes only. Previous Council Action N.A. Narrative May 2013 Monthly Financial Report Inbox Finance City Clerk Mayor Finalize for Agenda Form Started By: Sarah Mager Final Approval Date: 07/03/2013 Reviewed By Roger Neumaier Sandy Chase Dave Earling Sandy Chase Submitted By: Sarah Mager Tyne: Information Attachments Form Review Information Date 07/03/2013 11:55 AM 07/03/2013 12:02 PM 07/03/2013 01:53 PM 07/03/2013 01:59 PM Started On: 07/03/2013 11:44 AM 1. G. Packet Page 23 of 155 of E "0 MAY 2013 MONTHLY FINANCIAL REPORT ln�. 1$90 General Fund activity through May brought an increase of $3.1 million to fund balances, while the first quarter brought a deficit of $4.2 million. The general fund deficit change from April to May is due mainly to tax revenue received in May. Several specific revenue line items are tracking ahead of budget so far through May. These include Natural Gas Tax (54% of budget), Electric Utility Tax (53% of budget), Gas Utility Tax (54% of budget), Amusements (72% of budget), Franchise Fees (average of 56% of budget), General Business License (88% of budget), Non -Resident Business License (77% of budget), and Real Estate Excise Tax (54% of budget). At the end of May, 42% of the year had expired. Overall, General Fund expenditures are on track with 40% of budget spent to date. Salaries and Wages for all departments are at 41 % of budget, and Overtime is at 32% of budget. No departments are over budget. GENERAL FUND BALANCES CHANGE IN FUND BALANCES FUND ---- ACTUAL ---- ---- ACTUAL ---- 12/31/2012 Q1 5/31/2013 Q1 YTD 001-General Fund $ 4,635,301 $ 761,983 $ 8,112,857 $ (3,873,318) $ 3,477,556 009-Leoff-Medical Ins. Reserve 388,509 295,877 243,767 (92,632) (144,742) 011-Risk Management Fund 114,000 (130,000) (130,000) (244,000) (244,000) 012- Contingency Reserve Fund 5,278,152 5,279,249 5,279,868 1,097 1,716 013-Mulitmodal Transportation FD 55,859 55,859 55,859 - - 014-Historic Preservation Gift Fund 1,063 945 972 (118) (91) 016-Building Maintenance 214,026 213,578 203,022 (448) (11,004) Total General Fund $ 10,686,910 $ 6,477,491 $ 13,766,344 $ (4,209,419) $ 3,079,434 General Fund 16 $13.77 14 12 10 8 8 ❑ General 0 6 Fund 4 2 Dec 2012 Mar 2013 Mav 2013 1 Packet Page 24 of 155 MAY 2013 DASHBOARD YEAR TO DATE TREND COMPARED TO PROJECTIONS REFERENCE GENERAL FUND REVENUES General Fund Revenue Positive 9.67% Page 9 Sales & Use Tax Revenue Positive 6.12% Page 10 Gas Utility Tax Revenue V Negatived -13.14% Page 10 Telephone Utility Tax Revenue 44 Neutral 110 -1.73% Page 11 Electric Utility Tax Revenue Positive 2.24% Page 11 EXPENDITURES General Fund Expenditures Page 12 NON -GENERAL FUND REVENUES Real Estate Excise Tax Positive 46.49% Page 9 Key to revenue trend indicators: Positive =Positve variance of> 2% compared to projections. 44 Neutral 110, =Variance of -1 % to +2% compared to projections. Warning =Negative variance of-1% to 4% compared to projections. TNegativeT =Negative variance of >-4% compared to projections. 2 Packet Page 25 of 155 GOVERNMENTAL FUNDS OVERVIEW Combined governmental fund activity through May brought an increase of $4.6 million to fund balances. The General Fund was responsible for an increase of $3.1 million, the special revenue funds for an increase of $1.5 million, and the remaining was due to an increase of $56,270 in the debt service funds. CHANGE IN FUND FUND BALANCES BALANCES GOVERNMENTAL ---- ACTUAL ---- ---- ACTUAL ---- FUNDS 12/31 /2012 Q1 5/31 /2013 Q1 YTD General Fund $ 10,686,910 $ 6,477,491 $ 13,766,344 $ (4,209,419) $ 3,079,434 Special Revenue 4,324,145 5,715,093 5,826,759 1,390,948 1,502,614 Debt Service 26,229 32,150 82,499 5,921 56,270 Governmental Funds $ 15,037,284 $ 12,224,734 $ 19,675,603 $ (2,812,550) $ 4,638,319 Governmental Fund Balances -By Fund Group Governmental Fund Balances - Combined 16 $19.68 14 $13.77 18 12 $15.04 $10.69 General 10 $12.22 c Fund c 12 2 o 8 (Special $6.48 Revenue 6 $5.83 ' Debt 6 4 4.32Service 2 $0.03 $0.03 $0.08 Dec 2012 Mar 2013 May 2013 Dec 2012 Mar 2013 May 2013 3 Packet Page 26 of 155 SPECIAL REVENUE FUNDS OVERVIEW Activity in all special revenue funds through May brought an increase of $1.5 million. The graph below shows the total fund balances for all twenty special revenue funds as of December 2012, March 2013, and the current ending balance as of May 2013. Special Revenue Funds 6 $5.72 $5.83 5 $4.32 4 N 0 3 Specia I Revenue 2 1 Dec 2012 Mar 2013 May 2013 4 FUND BALANCES CHANGE IN FUND BALANCES GOVERNMENTAL ---- ACTUAL ---- ---- ACTUAL ---- Special Revenue Packet Page 27 of 155 ENTERPRISE FUNDS OVERVIEW Utility Fund Activity through May brought a deficit of $374,779 in the Enterprise Funds. 70,000,000 60,000,000 50,000,000 40,000,000 30,000,000 20,000,000 10,000,000 Enterprise Funds- Fund Balances 43,942,247 43,697,210 w�iw�.i-IT�R tL•lL"a ip ARM D- t421- Water Utility Fund 42,766,705 f422- Storm Utility Fund 423 - Sewer/WWTP Utility Fund --X--411- Combined Utility Fund 12,783,154 7,797,729 94,547 May 2013 ENTERPRISE FUND BALANCES CHANGE IN FUND ---- ACTUAL ---- ---- ACTUAL ---- FUNDS 12/31/2012 Q1 5/31/2013 Q1 YTD 421 - Water Utility Fund $ 12,322,592 $ 12,698,431 $ 12,783,154 $ 375,839 $ 460,562 422 - Storm Utility Fund 7,552,075 7,800,453 7,797,729 248,378 245,654 423 - Sewer/WWTP Utility Fund 43,942,247 43,697,210 42,766,705 (245,037) (1,175,542) 411 - Combined Utility Operation - 57,446 94,547 57,446 94,547 Enterprise Funds $ 63,816,914 $ 64,253,540 $ 63,442,135 $ 436,626 $ (374,779) $ 50, 000,000 $40, 000,000 $ 30, 000,000 $ 20, 000,000 $10, 000,000 a Enterprise Fund Balances as of May 31, 2013 Combined Utility Operation Water Utility Fund Storm Utility Fund Sewer/WWTP Utility Fund 5 Packet Page 28 of 155 SUMMARY OVERVIEW At the end of May, 42% of the year had expired. Year-to-date activity brought an increase of $4.5 million to the City -Wide fund balances, bringing the total to $90.1 million. Of the year-to-date increase, an increase of $4.6 million was generated by governmental funds, a deficit of $374,779 was generated by Enterprise (Utility) Funds, an increase of $262,111 was generated by Internal Service Funds, and an increase of $518 was generated by the Pension Trust Fund. CHANGE IN FUND FUND BALANCES BALANCES CITY-WIDE ---- ACTUAL ---- ---- ACTUAL ---- 12/31 /2012 Q1 5/31 /2013 01 YTD Governmental Funds $ 15,037,284 $ 12,224,734 $ 19,675,603 $ (2,812,550) $ 4,638,319 Enterprise Funds 63,816,914 64,253,540 63,442,135 436,626 (374,779) Internal Services Fund 6,536,284 6,670,593 6,798,395 134,309 262,111 Pension Trust Fund 216,719 178,018 217,237 (38,701) 518 City-wide Total $ 85,607,201 $ 83,326,884 $ 90,133,370 $ (2,280,317) $ 4,526,169 Governmental Fund Balances as of May 31, 2013 2012 LTGO Debt Service Fund L.I.D. Guaranty Fund L.I.D. Fund Control Business Improvement District Fund Sister City Commission Cemetery Maintenance Trust Fund Parks Trust Fund Parks Construction Fund Cemetery Maintenance/Improvement Special Projects Fund Gifts Catalog Fund Real Estate Excise Tax 1, Parks Acq Real Estate Excise Tax 2 Tourism Promotional Fund/Arts Youth Scholarship Fund Employee Parking Pen -nit Fund Hotel/Motel Tax Revenue Fund Memorial Street Fund Municipal Arts Acquis. Fund Combined Street Const/Improve Street Fund Drug Enforcement Fund General Fund i $50,842 $25,741 $5,916 1 $23,411 $9,050 $ 24,036 $150,114 $53 ,495 $48,806 $152,161 $234,76 $6E 3,238 $1,343,663 $77,429 $14,451 $76,112 $117,320 $17,677 $424, 26 $ 70,038 $122,937 $122,431 66,344 $1 $2,000,000 Packet Page 29 of 155 Q INTERNAL SERVICE FUNDS OVERVIEW Internal Service Fund activity through May brought an increase of $334,672. We began the year with a fund balance of $6.5 million and currently at the end of May; we see an ending fund balance of $6.8 million. FUND BALANCES CHANGE IN FUND INTERNAL SERVICE BALANCES ---- ACTUAL ---- ---- ACTUAL ---- FUNDS 12/31 /2012 Q1 5/31 /2013 Q1 YTD 511 - Equipment Rental Fund $ 6,463,723 $ 6,670,593 $ 6,798,395 $ 206,870 $ 334,672 Internal Service Funds $ 6,463,723 $ 6,670,593 $ 6,798,395 $ 206,870 $ 334,672 8 $6.46 6 V) c 0 4 2 Dec 2012 Internal Service Fund Balances $ 6.67 $ 6.80 Mar 2013 May 2013 ■ 511- Equipment Rental Fund Packet Page 30 of 155 7 INVESTMENT PORTFOLIO SUMMARY Agency/Issuer Investment Ty Washington State Local Investment Pool Government Investment Pool Opus Bank Certificate of Deposit FHLMC Bonds FHLMC Bonds FFCB Bonds TOTAL City of Edmonds Investment Portfolio Summary As of May 31, 2013 (a) Term Purchase Purchase Maturity/ Call* Yield to Weighted (months) Date Price Date Maturity Average Various $15,832,457 Various 0.13% 0.110% Investment Mix State Investment Pool Certificate of Deposit Bonds (a) To maturityor call date, whichever occurs first. 24 9/17/2012 500,000 9/17/2014 0.60% 0.015% 60 12/28/2012 1,000,000 6/28/2013 ** 0.90% 0.047% 54 12/27/2012 1,000,000 6/27/2013 0.75% 0.039% 45 12/19/2012 1,000,000 3/19/2013 0.54% 0.028% 0.24% 0.238% % of Total Summary 81.9% Current 6-month treasury rate 0.08% 2.6% Current State Pool rate 0.13% 15.5% Blended Edmonds rate 0.24% Packet Page 31 of 155 N City of Edmonds, WA Monthly Revenue Summary -General Fund 2013 General Fund Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals 36,000,000 January $ 1,216,011 $ 1,216,011 $ 1,818,957 49.58% February 3,001,808 1,785,798 3,696,503 23.14% 30,000,000 March 5,069,810 2,068,001 5,680,288 12.04% 24,000,000 April 7,688,984 2,619,174 9,354,134 21.66% May 15,056,423 7,367,439 16,512,344 9.67% 18,000,000 June 16,705,631 1,649,208 July 18,630,860 1,925,229 12,000,000 August 20,240,653 1,609,794 6,000,000 September 21,816,557 1,575,904 Octohpr 24.495.090 2.678522 General Fund November 31,203,426 6,708,346 I JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC I December 32,858,589 1,655,163 t Seriesl Budget City of Edmonds, WA Monthly Revenue Summary -Real Estate Excise Tax 2013 Real Estate Excise Tax Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals January $ 55,653 $ 55,653 $ 69,441 24.77% February 88,310 32,657 115,535 30.83% March 129,657 41,347 257,285 98.43% April 187,545 57,887 311,272 65.97% May 241,350 53,805 353,545 46.49% June 303,047 61,697 July 363,652 60,605 August 430,206 66,554 September 492,808 62,602 October 555,912 63,105 November 604,828 48,916 December 650,000 45,172 1,000,000 800,000 600,000 400,000 200,000 Real Estate Excise Tax JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC I Seriesl Budget *The variance shown above is due to a larger number of sales transactions than were expected. O Packet Page 32 of 155 City of Edmonds, WA Monthly Revenue Summary -Sales and Use Tax 2013 Sales and Use Tax Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % 6 000 000 January $ 390,013 $ February 884,364 March 1,235,989 April 1,600,252 May 2,031,316 June 2,414,769 July 2,801,571 August 3,255,906 September 3,657,629 October 4,069,329 November 4,525,665 December 4,913,150 390,013 $ 406,956 4.34% 5,000,000 494,351 894,736 1.17 4,000,000 351,625 1,265,893 2.42% 364,263 1,641,662 2.59% 3,000,000 431,064 2,155,612 6.12% 383,453 2,000,000 386,802 1,000,000 454,335 401,723 Sales and Use Tax 411,700 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC 456,336 387,485-Seriesl Budget City of Edmonds, WA Monthly Revenue Summary -Gas Utility Tax 2013 Gas Utility Tax Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % Gas Utility Tax January $ 112,509 $ 112,509 $ 94,836 -15.71% February 230,573 118,064 220,665 -4.30% March 338,041 107,468 303,170 -10.32% April 428,064 90,023 369,694 -13.64% May 504,039 75,974 437,820 -13.14% June 561,033 56,994 July 602,742 41,709 August 632,326 29,584 September 659,759 27,432 October 688,968 29,210 November 738,628 49,660 December 811,174 72,546 900,000 800,000 700,000 600,000 500,000 400,000 300,000 200,000 100,000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC --*--Seriesl Budget *The Budget Forecast is taken from a five year average. Due to higher revenues in 2008-2009, the variance from forecast to actual is is greater. 10 Packet Page 33 of 155 City of Edmonds, WA Monthly Revenue Summary -Telephone Utility Tax 2013 Telephone Utility Tax Cumulative Monthly YTD Variance Telephone Utility Tax Budget Forecast Budget Forecast Actuals % 1,600,000 January $ 95,577 $ 95,577 $ 134,596 40.82% 400,000 February 229,350 133,773 252,444 10.07% 1,200,000 March 376,493 147,142 366,495 -2.66% April 479,057 102,564 484,087 1.05% 1,000,000 May 608,761 129,705 598,247 -1.73% 800,000 June 713,226 104,465 600,000 July 853,959 140,733 400,000 August 989,418 135,459 September 1,092,061 102,643 200,000 October 1,256,775 164,714 - November 1,349,920 93,146 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC December 1,529,498 179,578 t Seriesl Budget City of Edmonds, WA Monthly Revenue Summary -Electric Utility Tax 2013 FAectric Utility Tax Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % Electric Utility Tax 1,600,000 January $ 151,925 $ 151,925 $ 153,240 0.87% 1,400,000 February 320,049 168,124 326,077 1.88% March 474,600 154,551 487,478 2.71% 1,200,000 April 631,769 157,169 641,845 1.59% 1,000,000 May 769,731 137,963 787,005 2.24% 800,000 June 882,641 112,909 July 989,535 106,895 �'0� August 1,081,971 92,436 400,000 September 1,180,465 98,494 200,000 October 1,265,812 85,346 November 1,372,881 107,070 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC December 1,475,638 102,757 Seriesl Budget 11 Packet Page 34 of 155 City of Edmonds, WA Monthly Expenditure Report -General Fund 2013 General Fund Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % 36,000,000 January $ 3,211,752 $ 3,211,752 $4,106,837 27.87% February 5,660,240 2,448,488 5,821,040 2.84% 30,000,000 March 7,874,761 2,214,521 9,553,606 21.32% 24,000,000 April 10,938,142 3,063,381 11,303,195 3.34% May 12,920,118 1,981,976 13,034,788 0.89% 18,000,000 June 16,195,870 3,275,752 July 18,970,269 2,774,399 12,000,000 August 21,423,098 2,452,829 6,000,000 September 24,244,769 2,821,671 October 26551.229 2306.460 General Fund November 29,074,901 2,523,672 I JAN FEB MAR APR MAY TUN JUL AUG SEP OCT NOV DEC I December 32,959,503 3,884,602 t Seriesl Budget City of Edmonds, WA Monthly Expenditure Report -Non -Departmental 2013 Non -Departmental Cumulative Monthly YTD Variance BudeetForecast BudeetForecast Actuals % January $ 1,818,292 $ 1,818,292 $ 2,450,235 34.75% February 2,358,291 539,999 2,488,604 5.53% March 2,684,562 326,271 4,520,241 68.38% April 3,827,781 1,143,219 4,569,788 19.38% May 4,037,949 210,168 4,665,570 15.54% June 5,809,316 1,771,367 July 6,611,919 802,602 August 6,990,130 378,211 September 7,896,141 906,011 October 8,278,209 382,068 November 8,689,214 411,005 December 11,467,569 2,778,355 14,000,000 12,000,000 10,000,000 8,000,000 6,000,000 4,000,000 2,000,000 Non -Departmental JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC I Seriesl Budget *The variance shown above is due to the 2nd quarter Fire District #1 payment made in March 2013. 12 Packet Page 35 of 155 City of Edmonds, WA Monthly Expenditure Report -City Council 2013 City Council Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January $ February March April May June July August September October November December Office of 20,374 $ 43,014 66,053 85,839 105,708 127,575 152,874 175,926 194,771 221,092 242,345 273,623 300,000 20,374 $ 15,899 -21.96% 22,641 38,445 -10.62% 250,000 23,038 61,389 -7.06% 200,000 19,787 83,350 -2.90% 19,869 103,077 -2.49% 150,000 21,866 25,299 100,000 23,052 50,000 18,845 26321 City CouncH 21,253 I JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC 31,278 t Seriesl Budget City of Edmonds, WA Monthly Expenditure Report -Office of Mayor 2013 Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % 300,000 January $ February $ March $ April $ May $ June $ July $ August $ September $ October $ November $ December $ 20,148 $ 40,542 $ 60,202 $ 79,760 $ 99,078 $ 118,442 $ 138,932 $ 158,492 $ 177,640 $ 198,963 $ 219,266 $ 238,374 $ 20,148 $ 19,244 -4.49% 1250,000 20,394 38,426 -5.22% 19,660 59,435 -1.27% 1 200,000 19,559 78,215 -1.94% 150,000 19,317 97,801 -1.29% 19,364 100,000 20,491 19,559 50,000 Office of Mayor 19,148 21,322 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC 20,304 19,108 Seriesl Budget Packet Page 36 of 155 13 City of Edmonds, WA Monthly Expenditure Report -Human Resources 2013 Human Resources Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January $ February March April May June July August September October November December 21,417 $ 43,437 71,550 94,953 119,752 141,891 165,641 186,678 212,715 233,346 254,495 287,190 300,000 21,417 $ 19,264 -10.05% 250,000 22,020 39,680 -8.65% 28,113 59,024 -17.51% 200,000 23,403 84,440 -11.07% 24,799 105,495 -11.91% 150,000 22,139 23,750 100,000 21,037 50,000 26,036 20,631 Human Resources 21,149 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC 32,695 +Seriesl Budget City of Edmonds, WA Monthly Expenditure Report -Municipal Court 2013 Municipal Court Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals January $ February March April May June July August September October November December 53,643 $ 112,911 175,311 237,725 296,077 360,063 418,105 479,445 537,638 599,224 660,765 729,506 NUU,000 53,643 $ 51,789 -3.46% 700,000 59,267 115,326 2.14% 600,000 62,400 172,514 -1.60% 62,414 232,844 -2.05% 500,000 58,352 289,036 -2.38% 400,000 63,987 300,000 58,042 200,000 61,340 58,193 100,000 61,585 - Municipal Court 61,541 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC 68,741 Seriesl Budget Packet Page 37 of 155 14 City of Edmonds, WA Monthly Expenditure Report -Economic Development/Community Services 2013 Economic Development/Community Services Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January $ February March April May June July August September October November December City Clerk 23,621 $ 59,476 90,712 120,039 152,347 179,102 217,136 242,932 271,956 302,512 328,886 373,314 400,000 23,621 $ 23,455 -0.70% 350,000 35,855 54,572 -8.24% 31,236 82,365 -9.20% 300,000 29,327 112,729 -6.09% 250,000 32,308 141,547 -7.09% 200,000 26,755 150,000 38,034 25,796 100,000 29,024 50,000 30,556 Economic Development/Community Services 26,374 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC 44,428 Seriesl Budget City of Edmonds, WA Monthly Expenditure Report -City Clerk 2013 Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % 1600,000 January $ February March April May June July August September October November December 46,581 $ 92,331 145,417 190,728 246,108 293,563 344,299 388,440 438,924 482,314 532,305 586,831 46,581 $ 37,742-18.98% 1500,000 45,750 83,146 -9.95% 400,000 53,085 132,277 -9.04% 45,311 174,295 -8.62% 300,000 55,380 211,369 -14.12% 47,455 200,000 50,736 100,000 44,142 50,484 City Clerk 43,390 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC 49,991 54,526 Seriesl Budget Packet Page 38 of 155 15 City of Edmonds, WA Monthly Expenditure Report -Information Services 2013 Information Services Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January $ February March April May June July August September October November December Finance Information Services 800,000 41,302 $ 41,302 $ 92,733 124.53% 1. 700,000 107,298 65,997 139,675 30.17% 600,000 158,751 51,453 195,470 23.13% 207,167 48,416 243,433 17.51% 500,000 262,166 54,999 273,992 4.51% 400,000 315,619 53,452 300,000 362,425 46,806 200,000 424,811 62,386 471,078 46,267 100,000 532,480 61,402 602,576 70,096 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC 723,534 120,958 t -Budget City of Edmonds, WA Monthly Expenditure Report -Finance 2013 Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January $ February March April May June July August September October November December 72,772 $ 139,622 202,376 261,262 319,205 386,389 447,973 502,922 563,970 632,771 699,652 768,484 800,000 72,772 $ 57,510 -20.97% 700,000 66,850 132,734 -4.93% 600,000 62,753 195,061 -3.61% 58,886 288,223 10.32% 500,000 57,944 350,529 9.81% 400,000 67,183 300,000 61,584 200,000 54,949 61,048 100,000 68,802 - Finance 66,881 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC 68,832 Seriesl Budget *The variance shown above is due to overtime and temporary contract work utilized until the permanent Finance Director position was filled. 16 Packet Page 39 of 155 City of Edmonds, WA Monthly Expenditure Report -City Attorney 2013 City Attorney Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January $ February March April May June July August September October November December Police January $ February March April May June July August September October November December 41,600 $ 83,200 124,800 166,400 208,000 249,600 291,200 332,800 374,400 416,000 457,600 499,200 500,000 41,600 $ 45,000 8.17% 41,600 85,261 2.48% 400,000 41,600 110,418 -11.52% 41,600 163,684 -1.63% 300,000 41,600 192,124 -7.63% 41,600 200,000 41,600 41,600 100,000 41,600 41,600 City Attorney 41,600 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC 41,600 +Seriesl Budget City of Edmonds, WA Monthly Expenditure Report -Police 2013 Cumulative Monthly YTD Variance Police 711,698 $ 1,410,348 2,145,943 2,840,086 3,527,398 4,308,719 5,026,944 5,739,849 6,480,625 7,196,799 8,160, 013 8,931,185 orecas c ua s 9,000,000 8,000,000 711,698 $ 711,651 -0.01% 7,000,000 698,649 1,406,388 -0.28% 6,000,000 735,595 2,104,655 -1.92% 694,143 2,792,819 -1.66% 5,000,000 687,312 3,483,129 -1.25% 14,000,000 781,321 3,000,000 718,225 2,000,000 712,905 1,000,000 740,777 716,174 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC 963,214 771,172 Seriesl Budget Packet Page 40 of 155 17 City of Edmonds, WA Monthly Expenditure Report -Development Services 2013 ent Services Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % Development Services January $ 130,011 $ 130,011 $ 134,416 3.39% February 261,991 131,980 262,483 0.19% March 406,268 144,277 425,124 4.64% April 539,522 133,254 535,005 -0.84% May 673,721 134,199 651,747 -3.26% June 805,445 131,724 July 931,841 126,396 August 1,069,195 137,354 September 1,204,663 135,468 October 1,348,572 143,909 November 1,481,034 132,462 December 1,619,042 138,008 1,800,000 1,600,000 1,400,000 1,200,000 1,000,000 800,000 600,000 400,000 200,000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC +Seriesl Budget City of Edmonds, WA Monthly Expenditure Report -Parks & Recreation 2013 Parks & Recreation Cumulative Monthly TrD Variance Budget Forecast Budget Forecast Actuals % January $ February March April May June July August September October November December 218,823 $ 455,695 711,038 958,565 1,214,257 1,530,104 1,920,254 2,310,306 2,615,670 2,863,419 3,094,270 3,398,517 3,500,000 218,823 $ 206,466 -5.65% 3,000,000 236,872 441,862 -3.04% 255,343 687,221 -3.35% 2,500,000 247,527 940,767 -1.86% 2,000,000 255,692 1,200,892 -1.10% 315,847 1,500,000 390,150 1,000,000 390,052 305,363 500,000 247,750 - Parks & Recreation 230,851 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC I 304,247 Seriesl Budget Packet Page 41 of 155 18 City of Edmonds, WA Monthly Expenditure Report -Public Works 2013 Public Works Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals January $ February March April May June July August September October November December 27,007 $ 52,806 79,315 104,820 130,712 156,718 192,014 217,880 244,097 270,921 295,226 324,517 ,+UV,V W 27,007 $ 26,193 -3.01% 350,000 25,799 53,241 0.82% 26,509 80,244 1.17% 300,000 25,505 106,672 1.77% 250,000 25,892 135,132 3.38% 200,000 26,006 35,296 150,000 25,866 100,000 26,217 50,000 26,824 Public Works 24,305 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC 29,291 +Seriesl Budget City of Edmonds, WA Monthly Expenditure Report -Facilities Maintenance 2013 Facilities Maintenance Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals January $ 106,672 $ 106,672 $ 98,355 -7.80% February 220,921 114,249 209,083 -5.36% March 343,665 122,743 320,411 -6.77% April 478,949 135,284 434,291 -9.32% May 552,523 73,574 553,398 0.16% June 670,350 117,826 July 775,460 105,110 August 878,941 103,481 September 997,041 118,100 October 1,099,774 102,733 November 1,211,822 112,048 December 1,344,159 132,337 1,400,000 1,200,000 1,000,000 800,000 600,000 400,000 200,000 Facilities Maintenance JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC --#---Seriesl Budget Packet Page 42 of 155 19 City of Edmonds, WA Monthly Expenditure Report -Engineering 2013 Engineering Cumulative Monthly YTD Variance Budget Forecast Budget Forecast ActuaIs % Engineering 1,400,000 January $ 114,876 $ 114,876 $ 116,885 1.75% 1,200,000 February 230,249 115,373 232,112 0.81% March 344,770 114,522 347,757 0.87% 1,000,000 April 468,067 123,296 462,638 -1.16% 800,000 May 577,602 109,535 579,950 0.41% June 692,761 115,159 600000 July 811,020 118,259 400,000 August 927,980 116,960 September 1,048,722 120,742 200,000 October 1,171,901 123,179 November 1,285,284 113,383 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC December 1,394,458 109,174 Seriesl Budget 20 Packet Page 43 of 155 CITY OF EDMONDS REVENUES BY FUND - SUMMARY Fund No. Title 2013 Amended Budget 5/31/2013 Revenues 001 GENERAL FUND $ 32,858,589 $ 16,512,344 $ 009 LEOFF-MEDICAL INS. RESERVE 350,350 105 011 RISK MANAGEMENT FUND 418,200 220,100 012 CONTINGENCY RESERVE FUND 123,223 1,716 014 HISTORIC PRESERVATION GIFT FUND 15,000 709 016 BUILDING MAINTENANCE 56,900 69 104 DRUG ENFORCEMENT FUND 20,175 17,245 III STREET FUND 1,406,800 575,639 112 COMBINED STREET CONST/IMPROVE 6,223,755 801,175 117 MUNICIPAL ARTS ACQUIS. FUND 59,891 6,924 118 MEMORIAL STREET TREE 27 6 120 HOTEL/MOTEL TAX REVENUE FUND 52,870 20,134 121 EMPLOYEE PARKING PERMIT FUND 18,120 6,041 122 YOUTH SCHOLARSHIP FUND 2,025 16 123 TOURISM PROMOTIONAL FUND/ARTS 19,000 13,762 125 REAL ESTATE EXCISE TAX 2 662,600 353,909 126 REAL ESTATE EXCISE TAX 1, PARKS ACQ FUND 650,600 353,683 127 GIFTS CATALOG FUND 20,483 25,873 129 SPECIAL PROJECTS FUND 222,800 166,187 130 CEMETERY MAINTENANCE/IMPROVEMT 119,950 46,473 132 PARKS CONSTRUCTION FUND 2,010,350 143,231 136 PARKS TRUST FUND 228 223 137 CEMETERY MAINTENANCE TRUST FD 14,600 5,392 138 SISTER CITY COMMISSION 3,517 403 139 TRANSPORTATION BENEFIT DISTRICT 645,000 265,443 140 BUSINESS IMPROVEMENT DISTRICT FUND - 23,411 211 L.I.D. FUND CONTROL 22,130 5,916 213 L.I.D. GUARANTY FUND 22,230 8 231 2012 LT GO DEBT SERVICE FUND 1,009,902 50,346 411 COMBINED UTILITY OPERATION - 94,547 421 WATER UTILITY FUND 10,625,680 2,287,100 422 STORM UTILITY FUND 3,486,716 1,418,074 423 SEWER/WWTP UTILITY FUND 11,020,123 3,357,735 511 EQUIPMENT RENTAL FUND 1,361,972 599,721 617 FIREMEN'S PENSION FUND 45,400 49,553 $ 73.569.206 S 27.423.213 S Variance %Received (16,346,245) (350,245) (198,100) (121,507) (14,291) (56,831) (2,930) (831,161) (5,422,580) (52,967) (21) (32,736) (12,079) (2,009) (5,238) (308,691) (296,917) 5,390 (56,613) (73,477) (1,867,119) (5) (9,208) (3,114) (379,557) 23,411 (16,214) (22,222) (959,556) 94,547 (8,338,580) (2,068,642) (7,662,388) (762,251) 4,153 1 85 41 21 38 1 7 41 10 3 21 Packet Page 44 of 155 CITY OF EDMONDS EXPENDITURES BY FUND - SUMMARY Fund No. Title 2013 Amended Budget 5/31/2013 Expenditures Variance 001 GENERAL FUND $ 32,959,503 $ 13,034,788 $ (19,924,715) 009 LEOFF-MEDICAL INS. RESERVE 619,400 144,847 (474,553) 011 RISK MANAGEMENT RESERVE FUND 661,000 464,100 (196,900) 014 HISTORIC PRESERVATION GIFT FUND 15,000 800 (14,200) 016 BUILDING MAINTENANCE 205,000 11,073 (193,927) 104 DRUG ENFORCEMENT FUND 80,033 13,351 (66,682) III STREET FUND 1,557,715 575,683 (982,032) 112 COMBINED STREET CONST/IMPROVE 6,324,984 315,398 (6,009,586) 117 MUNICIPAL ARTS ACQUIS. FUND 139,800 14,549 (125,251) 118 MEMORIAL STREET TREE - - - 120 HOTEL/MOTEL TAX REVENUE FUND 68,500 6,606 (61,894) 121 EMPLOYEE PARKING PERMIT FUND 26,726 1,429 (25,297) 122 YOUTH SCHOLARSHIP FUND 4,000 1,512 (2,488) 123 TOURISM PROMOTIONAL FUND/ARTS 19,000 2,249 (16,751) 125 REAL ESTATE EXCISE TAX 2 1,286,500 42,006 (1,244,494) 126 REAL ESTATE EXCISE TAX 1, PARKS ACQ FUND 668,534 - (668,534) 127 GIFTS CATALOG FUND 32,317 7,608 (24,709) 129 SPECIAL PROJECTS FUND 222,800 19,760 (203,040) 130 CEMETERY MAINTENANCE/IMPROVEMT 152,761 51,267 (101,494) 132 PARKS CONSTRUCTION FUND 2,093,200 5,559 (2,087,641) 136 PARKS TRUST FUND - - - 138 SISTER CITY COMMISSION 4,600 135 (4,466) 139 TRANSPORTATION BENEFIT DISTRICT 645,000 265,443 (379,557) 211 L.I.D. FUND CONTROL 22,130 - (22,130) 213 L.I.D. GUARANTY FUND - - - 231 2012 LT GO DEBT SERVICE FUND 1,009,902 - (1,009,902) 421 WATER UTILITY FUND 9,201,851 1,826,538 (7,375,313) 422 STORM UTILITY FUND 4,565,772 1,172,420 (3,393,352) 423 SEWER/WWTP UTILITY FUND 16,830,109 4,533,277 (12,296,832) 511 EQUIPMENT RENTAL FUND 1,095,372 337,610 (757,762) 617 FIREMEN'S PENSION FUND 108,790 49,035 (59,755) $ 80,620,299 $ 22,897,044 $ (57,723,255) % S 1 3 1 1 3 41% 31% 22 Packet Page 45 of 155 CITY OF EDMONDS CHANGE IN FUND BALANCE- SUMMARY Fund 1/1/2013 2013 2013 5/31/2013 No. Title Beg. Balance Revenues Expenditures Difference End. Balance 001 GENERALFUND $ 4,635,301 $ 16,512,344 $ 13,034,788 $ 3,477,556 $ 8,112,857 009 LEOFF-MEDICAL INS. RESERVE 388,509 105 144,847 (144,742) 243,767 011 RISK MANAGEMENT RESERVE FUND 114,000 220,100 464,100 (244,000) (130,000) 012 CONTINGENCY RESERVE FUND 5,278,152 1,716 - 1,716 5,279,868 013 MULTIMODAL TRANSPORTATION FD. 55,859 - - - 55,859 014 HISTORIC PRESERVATION GIFT FUND 1,063 709 800 (91) 972 016 BUILDING MAINTENANCE 214,026 69 11,073 (11,004) 203,022 TOTAL GENERAL FUND PER CAFR 10,686,910 16,735,042 13,655,608 3,079,434 13,766,344 104 DRUG ENFORCEMENT FUND 118,537 17,245 13,351 3,894 122,431 111 STREET FUND 122,981 575,639 575,683 (44) 122,937 112 COMBINED STREET CONST/IMPROVE 384,261 801,175 315,398 485,777 870,038 117 MUNICIPAL ARTS ACQUIS. FUND 432,251 6,924 14,549 (7,625) 424,626 118 MEMORIAL STREET TREE 17,671 6 - 6 17,677 120 HOTEL/MOTEL TAX REVENUE FUND 103,792 20,134 6,606 13,528 117,320 121 EMPLOYEE PARKING PERMIT FUND 71,500 6,041 1,429 4,612 76,112 122 YOUTH SCHOLARSHIP FUND 15,947 16 1,512 (1,496) 14,451 123 TOURISM PROMOTIONAL FUND/ARTS 65,916 13,762 2,249 11,513 77,429 125 REAL ESTATE EXCISE TAX 2 1,031,760 353,909 42,006 311,903 1,343,663 126 REAL ESTATE EXCISE TAX 1, PARKS ACQ 309,555 353,683 - 353,683 663,238 127 GIFTS CATALOG FUND 216,500 25,873 7,608 18,265 234,765 129 SPECIAL PROJECTS FUND 5,734 166,187 19,760 146,427 152,161 130 CEMETERY MAINTENANCE/IMPROVEMT 53,600 46,473 51,267 (4,794) 48,806 132 PARKS CONSTRUCTION FUND 396,823 143,231 5,559 137,672 534,495 136 PARKS TRUST FUND 149,891 223 - 223 150,114 137 CEMETERY MAINTENANCE TRUSTFD 818,644 5,392 - 5,392 824,036 138 SISTER CITY COMMISSION 8,782 403 135 268 9,050 139 TRANSPORTATION BENEFIT DISTRICT - 265,443 265,443 - - 140 BUSINESS IMPROVEMENT DISTRICT FUND - 23,411 - 23,411 23,411 211 L.I.D. FUND CONTROL - 5,916 - 5,916 5,916 213 L.I.D. GUARANTY FUND 25,733 8 - 8 25,741 231 2012 LT GO DEBT SERVICE FUND 496 50,346 - 50,346 50,842 234 LIMITED TAX G.O. BOND FUND, - - - - - 411 COMBINED UTILITY OPERATION - 94,547 - 94,547 94,547 421 WATER UTILITY FUND 12,322,592 2,287,100 1,826,538 460,562 12,783,154 422 STORM UTILITY FUND 7,552,075 1,418,074 1,172,420 245,654 7,797,729 423 SEWER/WWTPUTILITY FUND 43,942,247 3,357,735 4,533,277 (1,175,542) 42,766,705 511 EQUIPMENT RENTAL FUND 6,536,284 599,721 337,610 262,111 6,798,395 617 FIREMEN'S PENSION FUND 216,719 49,553 49,035 518 217,237 TOTAL ALL FUNDS $ 85,607,201 $ 27,423,213 $ 22,897,044 $ 4,526,169 $ 90,133,370 We are currently using the estimated 2012 ending fund balance numbers for funds 421, 422, and 423. These will be updated when actuals are in; due to the change in how these funds are structured. *The beginning fund balance for all other funds is based on the unaudited 2012 financial statement amounts. 23 Packet Page 46 of 155 Title CITY OF EDMO NDS REVENUES - GENERAL FUND 2013 Amended 5/31/2013 Budget Revenues Variance Pagel of 3 %Received TAXES: REAL PERSONAL / PROPERTY TAX $ 9,781,109 $ 5,532,324 $ (4,248,785) 57% EMS PROPERTY TAX 2,775,282 1,714,241 (1,061,041) 62% VOTED PROPERTY TAX 916,103 545,440 (370,663) 60% LOCAL RETAIL SALES✓USE TAX 4,913,150 2,155,612 (2,757,538) 44% NATURAL GAS USE TAX 8,706 4,666 (4,040) 54% 1/10 SALES TAX LOCAL CRIM JUST 520,417 233,544 (286,873) 45% ELECTRIC UTILITY TAX 1,475,638 787,005 (688,634) 53% GASUTILITYTAX 811,174 437,820 (373,354) 54% SOLID WASTE UTILITY TAX 287,710 124,735 (162,975) 43% WAT ER UT ILIT Y T AX 904,613 351,303 (553,310) 39% SEWER UTILITY TAX 470,000 176,218 (293,782) 37% STORMWATER UTILITY TAX 274,600 147,302 (127,298) 54% T.V. CABLE UTILITY TAX 730,910 328,331 (402,579) 45% TELEPHONE UTILITY TAX 1,529,498 598,247 (931,251) 39% PULLTABS TAX 61,385 30,224 (31,161) 49% AMUSEMENT GAMES 731 100 (631) 14% LEASEHOLD EXCISE TAX 212,350 53,966 (158,384) 25% PENALTIES ON GAMBLING TAXES - - - 0% 25,673,376 13,221,079 (12,452,297) 51% LICENSES AND PERMITS: FIRE PERMITS -SPECIAL USE 5,555 4,840 (715) 87% PROF AND OCC LICENSE -TAXI 1,030 630 (400) 61% AMUSEMENTS 6,060 4,350 (1,710) 72% FRANCHISE AGREEMENT -COMCAST 627,816 331,451 (296,365) 53% FRANCHISE AGREEMENT-VERIZON/FRONTIER 95,806 43,825 (51,981) 46% FRANCHISE AGREEMENT -BLACKROCK 8,287 5,710 (2,577) 69% FRANCHISE AGREMENT-ZAYO - 5,000 5,000 0% OLYMPIC VIEW WATER DISTRICT FRANCHISE 214,415 121,813 (92,602) 57% GENERAL BUSINESS LICENSE 106,297 93,531 (12,766) 88% DEV SERV PERMIT SURCHARGE 18,422 9,600 (8,822) 52% NON-RESIDENT BUS LICENSE 39,274 30,050 (9,224) 77% RIGHT OF WAY FRANCHISE FEE 9,500 9,773 273 103% BUILDING STRUCTURE PERMITS 345,436 149,242 (196,194) 43% ANIMAL LICENSES 13,205 4,788 (8,417) 36% STREET AND CURB PERMIT 50,000 5,816 (44,184) 12% OT R NON -BUS LIC/PERMIT S 7,070 4,767 (2,303) 67% DIVE PARK PERMIT FEE - - - 0% 1,548,173 825,186 (722,987) 53% INTERGOVERNMENTAL: DOJ 15-0404-0-1-754 - BULLET PROOF VEST 1,191 - (1,191) 0% ROOFTOP SOLAR CHALLENGE GRANT - 23,500 23,500 0% TARGET ZERO TEAMS GRANT 10,000 3,656 (6,344) 37% HIGH VISIBILITY ENFORCEMENT 6,000 776 (5,224) 13% SMART COMMUTER PROJECT GRANT - 600 600 0% PUD PRIVILEDGE TAX 185,181 - (185,181) 0% MVET/SPECIAL DISTRIBUTION 8,828 4,562 (4,266) 52% JUDICIAL SALARY CONTRIBUTION -STATE 12,572 6,268 (6,304) 50% CRIMINAL JUSTICE -SPECIAL PROGRAMS 33,290 17,090 (16,200) 51% DUI - CITIES 7,704 3,597 (4,107) 47% LIQUOR EXCISE TAX 20,000 - (20,000) 0% LIQUOR BOARD PROFITS 301,761 89,450 (212,311) 30% SHARED COURT COSTS 3,030 - (3,030) 0% MUNICIPAL COURT AGREEMENT W/LYNNWOOD 1,500 - (1,500) 0% 591,057 149,499 (440,058) 25% 24 Packet Page 47 of 155 Title CITY OF EDMO NDS REVENUES - GENERAL FUND 2013 Amended 5/31/2013 Budget Revenues Variance Page 2 of 3 %Received CHARGES FOR GOODS AND SERVICES: RECORD/LEGAL INSTRUMTS 1,065 818 (248) 77% D/M COURT REC SER 172 14 (158) 8% MUNIC.-DIST. COURT CURREXPEN 188 71 (117) 38% SALE MAPS & BOOKS 72 96 24 133% PHOTOCOPIES 4,572 1,266 (3,306) 28% POLICE DISCLOSURE REQUESTS 4,500 1,736 (2,764) 39% ASSESSMENT SEARCH 5 - (5) 0% ENGINEERING FEES AND CHARGES 100,000 58,293 (41,707) 58% ELECTION CANDIDATE FILING FEES 1,011 - (1,011) 0% SNO-ISLE 57,236 36,542 (20,694) 64% PASSPORTSAND NATURALIZATION FEES 9,571 4,500 (5,071) 47% POLICE SERVICES SPECIAL EVENTS 26,000 - (26,000) 0% OCDETF OVERTIME - 2,144 2,144 0% CAMPUS SAFETY-EDM. SCH. DIST. 11,615 - (11,615) 0% WOODWAY-LAW PROTECTION 36,000 11,770 (24,230) 33% MISCELLANEOUS POLICE SERVICES 2,750 - (2,750) 0% DRE REIMBURSEABLE - 143 143 0% DUI EMERGENCY FIRE SERVICES 532 404 (128) 76% FIRE DISTRICT #1 STATION BILLINGS 27,808 29,993 2,185 108% ADULT PROBATION SERVICE CHARGE 60,000 21,767 (38,233) 36% ELECTRONIC MONITOR DUI 165 - (165) 0% BOOKING FEES 5,711 2,269 (3,442) 40% FIRE CONSTRUCTION INSPECTION FEES 5,577 2,590 (2,987) 46% EMERGENCY SERVICE FEES 23,976 5,612 (18,364) 23% DUI EMERGENCY AID 67 - (67) 0% EMS TRANSPORT USER FEE 814,318 412,923 (401,395) 51% POLICE - FINGERPRINTING 496 45 (451) 9% CRIM CNV FEE DUI 698 218 (480) 31 % CRIM CONV FEE CT 4,360 1,914 (2,446) 44% CRIM CONV FEE CN 1,624 578 (1,046) 36% FIBER SERVICES 36,438 13,700 (22,738) 38% INTERGOVERNMENTAL FIBER SERVICES 7,272 3,000 (4,272) 41% FLEX FUEL PAYMENTS FROM STATIONS 213 528 315 248% ANIMAL CONTROL SHELTER 6,616 2,200 (4,416) 33% ZONING/SUBDIVISION FEE 38,000 35,417 (2,583) 93% PLAN CHECKING FEES 216,457 112,030 (104,427) 52% FIRE PLAN CHECK FEES 2,911 725 (2,186) 25% PLANNING 1 % INSPECTION FEE 1,200 966 (234) 81 % S.E.P.A. REVIEW 5,000 3,880 (1,120) 78% CRITICAL AREA STUDY 12,000 7,285 (4,715) 61% DV COORDINATOR SERVICES 10,921 4,613 (6,308) 42% SWIM POOL ENTRANCE FEES 56,000 3,026 (52,974) 5% GYM AND WEIGHT ROOM FEES 5,500 2,725 (2,775) 50% LOCKER FEES 300 - (300) 0% SWIM CLASS FEES 32,000 796 (31,204) 2% INTERGOVERNMENTAL REVENUE-SSCCFH 69,300 - (69,300) 0% PROGRAM FEES 780,000 347,623 (432,377) 45% TAXABLE RECREATION ACTIVITIES 115,500 72,775 (42,725) 63% SWIM TEAM/DIVE TEAM 31,600 26,927 (4,673) 85% BIRD FEST REGISTRATION FEES 660 - (660) 0% INTERFUND REIMBURSEMENT -CONTRACT SVCS 1,520,248 709,395 (810,853) 47% 4,148,225 1,943,316 (2,204,909) 47% 25 Packet Page 48 of 155 Title CITY OF EDMO NDS REVENUES - GENERAL FUND 2013 Amended 5/31/2013 Budget Revenues Variance Page 3 of 3 %Received FINES AND FORFEITURES: PROOF OF VEHICLE INS PENALTY 10,214 4,075 (6,139) 40% TRAFFIC INFRACTION PENALTIES 24,000 11,172 (12,828) 47% NC TRAFFIC INFRACTION 213,000 105,628 (107,372) 50% CRT COST FEE CODE LEG ASSESSMENT (LGA) 20,086 8,089 (11,997) 40% SPEEDING DOUBLE 77 77 (0) 100% NON -TRAFFIC INFRACTION PENALTIES 2,034 - (2,034) 0% OTHER INFRACT IONS'04 1,002 831 (171) 83 % PARKING INFRACTION PENALTIES 31,592 19,502 (12,090) 62% PR -HANDICAPPED 794 - (794) 0% PARKING INFRACTION LOC 404 - (404) 0% PARK/INDDISZONE 3,000 1,306 (1,694) 44% DWI PENALTIES 9,200 666 (8,534) 7% DUI - DP ACCT 415 793 378 191% OTHER CRIMINAL TRAF MISDEM PEN 8 - (8) 0% CRIMINAL TRAFFIC MISDEMEANOR 8/03 33,000 14,073 (18,927) 43% CRIMINAL CONVICTION FEE CT - 103 103 0% OT HER NON-T RAF MISDEMEANOR PEN 539 61 (478) 11 % OTHER NON TRAFFIC MISD. 8/03 14,000 (1,695) (15,695) -12% COURT DV PENALTY ASSESSMENT 1,491 628 (863) 42% CRIMINAL CONVICTION FEE CN - 92 92 0% CRIMINAL COST S-RECOUPMENTS 113,265 40,442 (72,823) 36% PUBLIC DEFENSE RECOUPMENT 40,000 10,469 (29,531) 26% COURT INTERPRETER COSTS 292 37 (255) 13% BUS. LICENSE PERMIT PENALTY 7,444 3,205 (4,239) 43% MISC FINES AND PENALTIES 485 1,510 1,025 311% 526,342 221,062 (305,280) 42% MISCELLANEOUS: INVESTMENT INTEREST 8,000 329 (7,671) 4% INTEREST ON COUNTY TAXES 1,250 808 (442) 65% INTEREST - COURT COLLECTIONS 5,491 1,371 (4,120) 25% PARKING 8,790 4,062 (4,728) 46% SPACE/FACILITIES RENTALS 140,000 44,432 (95,568) 32% BRACKET ROOM RENTAL 3,040 2,440 (600) 80% LEASES LONG-TERM 143,000 70,688 (72,312) 49% VENDING MACHINE/CONCESSION 4,500 1,281 (3,219) 28% OTHER RENTS & USE CHARGES 6,200 3,510 (2,690) 57% PARKS DONAT IONS 4,300 9,100 4,800 212% BIRD FEST CONTRIBUTIONS 1,400 700 (700) 50% PARKS GRANTS- PRIVATE SOURCES - 1,235 1,235 0% SALE OF JUNK/SALVAGE 1,486 - (1,486) 0% SALES OF UNCLAIM PROPERTY 1,750 2,384 634 136% CONFISCATED AND FORFEITED PROPERTY - 358 358 0% OTHER JUDGEMENT SETTLEMENT - 6,367 6,367 0% POLICE JUDGMENTS/RESTITUTION 465 40 (425) 9% CASHIER'S OVERAGES/SHORTAGES 44 6 (39) 13 % OTHER MISC REVENUES 3,000 2,572 (428) 86% SMALL OVERPAYMENT 66 13 (53) 20% NSF FEES - PARKS & REC 182 30 (152) 16% NSF FEES - MUNICIPAL COURT 978 388 (590) 40% NSF FEES- POLICE 91 - (91) 0% NSF FEES - DEVELOPMENT SERVICES DEPT - 90 90 0% 334,033 152,202 (181,921) 46% TRANSFERS -IN: INSURANCE RECOVERIES - - - 0% INTERFUND TRANSFER -IN - - 0% INTERFUND TRANSFER- In (From 121) 25,086 (25,086) 0% INTERFUND TRANSFER (From 127) 12,297 (12,297) 0% 37,383 - (37,383) 0% TOTAL GENERAL FUND REVENUE S 32,858,589 S 16,512,344 $ (16,344,835) 50% 26 Packet Page 49 of 155 Page 1 of 6 Title SALARIES AND WAGES OVERTIME HOLIDAY BUY BACK BENEFITS UNIFORMS SUPPLIES SMALL EQUIPMENT PROFESSIONAL SERVICES COMMUNICATIONS TRAVEL ADVERTISING RENT AL/LEASE INSURANCE UTILITIES REPAIRS & MAINTENANCE MISCELLANEOUS INTERGOVERNMENTAL SERVICES ECA CONTINGENCY RESERVE EXCISE TAXES INTERFUND TRANSFER (009,111,112,116) MACHINERY/EQUIPMENT GENERAL OBLIGATION BOND PRINCIPAL CAPITAL LEASES AND INSTALLMENT PURCHASES OTHER DEBT INTEREST ON LONG-TERM EXTERNAL DEBT DEBT ISSUE COSTS INTERFUND SERVICES INTERFUND RENTAL LEO FF-MEDICAL INS. RESERVE (009) BENEFITS IN HOME LTC CLAIMS PROFESSIONAL SERVICES MISCELLANEOUS RISK MANAGEMENT RESERVE FUND (011) MISCELLANEOUS HISTORIC PRESERVATION GIFT FUND (014) SUPPLIES PROFESSIONAL SERVICES ADVERTISING MISCELLANEOUS BUILDING MAINTENANCE SUBFUND (016) SUPPLIES PROFESSIONAL SERVICES REPAIRS & MAINTENANENCE CONSTRUCTION PROJECTS DRUG INFO RC EMENT FUND (104) SUPPLIES FUEL CONSUMED SMALL EQUIPMENT COMMUNICATIONS REPAIR/MAINT MISCELLANEOUS INTERGOVTL SVC C ITY O F EDMO NDS EXPENDITURES BY FUND - DETAIL 2013 Amended 5/31/2013 Budget Expenditures $ 12,069,872 $ 4,890,874 $ 415,100 134,673 193,388 802 4,094,462 1,679,116 61,110 20,514 374,244 125,714 117,050 50,010 1,949,484 558,409 204,660 71,168 36,742 4,110 40,865 6,420 834,943 343,395 396,193 397,566 414,600 182,847 320,547 138,800 279,880 116,623 8,099,655 3,927,871 190,000 - 5,500 1,267 1,325,185 255,078 85,000 22,735 946,595 - 64,014 64,014 - 478 185,614 22,304 5,000 - 201,800 - 4K000 20,000 $ 435,000 $ 94,526 $ 176,400 43,990 8,000 6,081 - 250 Variance (7,178,998) (280,427) (192,586) (2,415,346) (40,596) (248,530) (67,040) (1,391,075) (133,492) (32,632) (34,445) (491,548) 1,373 (231,753) (181,747) (163,257) (4,171,784) (190,000) (4,233) (1,070,107) (62,265) (946,595) (0) 478 (163,310) (5,000) (201,800) (28,000) (340,474) (132,410) (1,919) 250 % Used 41% 32% 0% 41% 34% 34% 35% 11% 16% 41% 100% 0% 23% 19% 27% 0% 100% 0% 12% 0% 0% 0%1 $ 661,000 464,100 (196,900) 70% 661,000 464,100 19 ,900 70% $ 2,000 $ - $ (2,000) 0% 2,000 - (2,000) 0% 1,000 - (1,000) 0% 10.000 800 (9.200) 8% $ 10,000 $ - $ (10,000) 0% 20,000 8,716 (11,284) 44% 5,000 493 (4,507) 10% - 1,865 1,865 0% 170,000 - (170,000) 0% 205,000 11,073 (25,791) 5% $ $ - $ - 0% 2,000 1,871 (129) 94% 5,000 - (5,000) 0% 2,233 1,419 (814) 64% 800 - (800) 0% 20,000 - (20,000) 0% 50,000 10,061 (39,939) 20% Packet Page 50 of 155 27 Page 2 of 6 Title SALARIES AND WAGES OVERTIME BENEFITS UNIFORMS SUPPLIES SMALL EQUIPMENT PROFESSIONAL SERVICES COMMUNICATIONS TRAVEL ADVERTISING RENT AL/LEASE INSURANCE UTILITIES REPAIRS & MAINTENANCE MISCELLANEOUS INTERGOVERNMENTAL SERVICES INTERFUND TRANSFER GENERAL OBLIGATION BOND PRINCIPAL INTEREST ON LONG-TERM EXTERNAL DEBT COMBINED STREETCONST/IMPROVE(112) PROFESSIONAL SERVICES INTERFUND TRANSFER OUT (to 112,117) LAND CONST SURFACE CONST PROJECTS INTERGOVERNMENTAL LOANS INTEREST ON INTERGOVERNMENTAL LOANS INTERFUND SERVICES MUNICIPAL ARTS ACQUIS. FUND (117) SUPPLIES SMALL EQUIPMENT PROFESSIONAL SERVICES TRAVEL ADVERTISING RENT AL/LEASE REPAIRS & MAINTENANCE MISCELLANEOUS INTERFUND TRANSFER MEMO RIAL S TREET TREE FUND (118) SUPPLIES HO TEL/MO TEL TAX REVENUE FUND (120) PROFESSIONAL SERVICES ADVERTISING MISCELLANEOUS INTERFUND TRANSFERS (to 117, 132) EMPLOYEE PARKING PERMIT FUND (121) SUPPLIES SMALL EQUIPMENT INTERFUND TRANSFER (to 001) YOUTH SCHOLARSHIP FUND (122) MISCELLANEOUS TO URISM PRO MO TIO NAL FUND/ARTS (123) PROFESSIONAL SVC ADVERTISING MISCELLANEOUS C TTY O F IDMO NDS EXPENDITURES BY FUND - DETAIL 2013 Amended 5/31/2013 Budget Expenditures $ 447,655 $ 168,861 $ 18,400 8,483 197,283 73,776 6,000 3,542 240,000 66,537 26,000 - 32,700 4,089 3,500 1,078 1,000 210 350 - 159,134 65,563 87,204 87,201 267,750 85,036 25,000 10,813 8,000 405 4,000 89 31,665 - 074 _ Variance (278,794) (9,917) (123,507) (2,458) (173,463) (26,000) (28,611) (2,422) (790) (350) (93,571) (3) (182,714) (14,187) (7,595) (3,911) (31,665) (2.074) % Used 38% 46% 37% 59% 28% 0% 13% 31% 21% 0% 41% 100% 32% 43% 5% 2% 0% 0% 0% $ 1,152,100 $ 193,641 $ (958,459) 17% 378,500 - (378,500) 0% 909,400 - (909,400) 0% 3,502,300 75,590 (3,426,710) 2% 72,203 - (72,203) 0% 4,481 - (4,481) 0% 306,000 46,166 (259,834) 15% $ 4,200 $ 27 $ (4,173) 1 % 1,000 - (1,000) 0% 116,700 5,973 (110,727) 5% 50 42 (8) 84% 4,000 3,700 (300) 93% 550 - (550) 0% 300 - (300) 0% 10,000 4,807 (5,193) 4 8% 3.000 - (3,000) 0% $ $ $ 0% $ $ 0% $ 14,500 $ - $ (14,500) 0% 37,500 6,506 (30,994) 17% 2,500 100 (2,400) 4% 14,000 - (14,000) 0% 68,500 6,606 (61,894) 10% $ 1,640 $ 874 $ (766) 53% - 555 25,086 - (25,086) 0% 26,726 1,429 (25,852) 5% $ 4,000 $ 1,512 $ (2,488) 38% 4,000 1,512 (2,488) 38% $ 10,500 $ 1,697 $ (8,803) 16% 4,500 553 (3,948) 12% 4,000 - (4,000) 0% Packet Page 51 of 155 Page 3 of 6 Title REAL ESTATE EXCISE TAX 2 (125) SUPPLIES PROFESSIONAL SERVICES ADVERTISING UTILITIES REPAIRS & MAINTENANCE INTERFUND TRANSFER (to 132) CONSTRUCTION PROJECTS INTERFUND SERVICES REAL ES TATE EXC IS E TAX 1, PARKS AC Q (126) MISCELLANEOUS TRANSFER TO FUND 231 LAND GENERAL OBLIGATION BONDS INTEREST GIFTS CATALOG FUND (127) SUPPLIES PROFESSIONAL SERVICES INTERFUND TRANSFER (to 001) SPECIAL PROJECTS FUND (129) PROFESSIONAL SERVICES CONSTRUCTION PROJECTS INTERFUND SERVICES C ENIL'=Y MAINTENANC FIIMPRO VEMENT (130) SALARIES AND WAGES OVERTIME BENEFITS UNIFORMS SUPPLIES SUPPLIES PURCHASED FOR INVENTORY/RESALE PROFESSIONAL SERVICES COMMUNICATIONS TRAVEL ADVERTISING RENT AL/LEASE UTILITIES REPAIRS & MAINTENANCE MISCELLANEOUS MACHINERY/EQUIPMENT INTERFUND SERVICES PARKS CONSTRUCTION FUND (132) SUPPLIES PROFESSIONAL SERVICES INTERFUND TRANSFER CONSTRUCTION PROJECTS INTERFUND SERVICES PARKS TRUST FUND (136) INTERFUND TRANSFER SISTER CITY COMMISSION (138) SUPPLIES STUDENT TRIP MISCELLANEOUS TRANSPORTATION BENEFIT DIS TRIC T (139) PROFESSIONAL SERVICES INSURANCE INTERFUND TRANSFER C ITY O F IDMO NDS EXPENDITURES BY FUND - DETAIL 2013 Amended 5/31/2013 Budget Expenditures $ 29,000 $ 26,407 $ 337,000 3,925 - 148 185,000 11,526 635,500 - 100,000 - 438,910 - 200,000 - 17,550 - 12,074 - 668,534 - $ 14,020 $ 1,458 $ 6,000 6,150 12,297 - 32,317 7,608 $ 31,700 $ 2,202 $ 171,600 - 19,500 17,558 222,800 19,760 $ 68,605 $ 28,775 $ 3,500 1,154 33,188 13,243 1,000 - 7,000 429 20,000 3,117 1,000 200 1,412 583 500 - 3,000 287 5,256 2,190 3,800 - 500 - 4,000 1,290 1,907,500 4,445 182,700 3.000 1 A 14 Variance (2,593) (333,075) 148 (173,474) (635,500) (100,000) (438,910) (200,000) (17,550) (12,074) (668,534) (12,562) 150 (29,498) (171,600) (1,942) (203,040) (39,830) (2,346) (19,945) (1,000) (6,571) (16,883) (800) (829) (500) (2,714) (3,066) (3,800) (500) (2,710) (1,903,055) (182,700) (1.886) % Used 91% 1% 0% 0% 6% 0% 0% 0% 3% 0% 0% 0% 0% 10% 103% 0% 24% 7% 0% 33% 40% 0% 6% 16% 20% 41% 0% 10% 42% 0% 0% 32% 0% 0% 34% 0% 0% 0% 0% 37% $ $ - $ - 0% - - 0% $ 500 $ 2,600 1,500 - $ - 135 (500) (2,600) (1,366) 0% 0% 9% 4,600 135 4,466 3% $ $ 5,000 640,000 1,756 $ 5,000 258,687 1,756 - (381,313) 0% 100% 40% 645,000 S 265,443 (379,557) 41% 29 Packet Page 52 of 155 Title INTERFUND TRANSFER LID GUARANTY FUND (213) INTERFUND TRANSFER 2012 LTGO DEBTSERVIC FUND (231) GENERAL OBLIGATION BOND INTEREST DEBT ISSUE COSTS WATER FUND (421) SALARIES AND WAGES OVERTIME BENEFITS UNIFORMS SUPPLIES FUEL CONSUMED WATER PURCHASED FOR RESALE SUPPLIES PURCHASED FOR INVENTORY/RESALE SMALL EQUIPMENT PROFESSIONAL SERVICES COMMUNICATIONS TRAVEL ADVERTISING RENT AL/LEASE INSURANCE UTILITIES REPAIRS & MAINTENANCE MISCELLANEOUS INTERGOVERNMENTAL SERVICES INTERFUND TAXES INTERFUND TRANSFER (to 117,414) MACHINERY/EQUIPMENT CONSTRUCTION PROJECTS GENERAL OBLIGATION BONDS REVENUE BONDS INTERGOVERNMENTAL LOANS INTEREST DEBT ISSUE COSTS OTHER INTEREST & DEBT SERVICE COSTS INTERFUND SERVICES INTERFUND REPAIR C ITY O F EDMO NDS EXPENDITURES BY FUND - DETAIL 2013 Amended 5/31/2013 Budget Expenditures $ 22,130 $ - $ 22,130 - $ 825,372 $ - $ 184,530 - 1,009,902 - $ 756,455 $ 298,530 $ 24,180 7,664 285,866 122,965 6,840 2,836 143,505 37,645 1,725,000 392,199 140,000 41,075 10,400 4,743 173,136 100,228 30,280 14,849 3,400 - 560 - 91,205 38,379 67,699 67,607 28,000 17,709 24,160 1,371 307,630 132,197 30,000 10,079 904,893 351,303 927,500 - 85,000 - 2,532,580 - 2,025 - 209,471 - 45,839 - 280,306 - 16,553 - - 175 349,368 184,938 - 48 Variance (22.1 (825,372) (184,530) (457,925) (16,516) (162,901) (4,004) (105,860) (1,332,801) (98,925) (5,657) (72,908) (15,431) (3,400) (560) (52,826) (92) (10,291) (22,789) (175,433) (19,921) (553,590) (927,500) (85,000) (2,532,580) (2,025) (209,471) (45,839) (280,306) (16,553) 175 (164,430) 48 Page 4 of 6 % Used 0% 0% 0% 0% 0% 0% 0% 39% 32% 43% 41% 26% 0% 58% 49% 0% 0% 42% 100% 34% 39% 0% 0% 0% 0% 0% 0% 0% 0% 0% 53% 0% Packet Page 53 of 155 30 Title C ITY O F IDMO NDS EXPENDITURES BY FUND - DETAIL 2013 Amended 5/31/2013 Budget Expenditures Variance Page 5 of 6 %Used STORM FUND (422) SALARIES AND WAGES $ 568,591 $ 235,657 $ (332,934) 41% OVERTIME 6,000 3,566 (2,434) 59% BENEFITS 232,141 95,884 (136,257) 41% UNIFORMS 6,540 4,032 (2,508) 62% SUPPLIES 50,000 11,810 (38,190) 24% SMALL EQUIPMENT 4,400 164 (4,236) 4% PROFESSIONAL SERVICES 599,190 301,357 (297,833) 50% COMMUNICATIONS 3,480 587 (2,893) 17% TRAVEL 4,300 864 (3,436) 20% ADVERTISING 500 - (500) 0% RENTAL/LEASE 217,412 88,602 (128,810) 41% INSURANCE 8,418 8,407 (11) 100% UTILITES 10,000 4,084 (5,916) 41% REPAIR & MAINTENANCE 11,860 5,962 (5,898) 50% MISCELLANEOUS 106,100 40,257 (65,843) 38% INTERGOVERNMENTAL SERVICES 45,000 16,763 (28,237) 37% INTERFUND TAXESAND OPERATING ASSESSMENT 291,600 124,834 (166,766) 43% INTERFUND TRANSFER (to 112, 117) 237,766 - (237,766) 0% CONSTRUCTION PROJECTS 1,458,400 - (1,458,400) 0% GENERAL OBLIGATION BONDS 101,469 - (101,469) 0% REVENUE BONDS 82,906 - (82,906) 0% INTERGOVERNMENTAL LOANS 32,063 - (32,063) 0% INTEREST 187,245 - (187,245) 0% OTHER INTEREST & DEBT SERVICE COSTS - 83 83 0% INTERFUND PROFESSIONAL SERVICES 300,391 229,506 (70,885) 76% 4,565,772 1,172,420 (3,393,352) 26% SEWER FUND (423) SALARIES AND WAGES $ 1,653,859 $ 643,751 $ (1,010,108) 39% OVERTIME 73,000 45,338 (27,662) 62% BENEFITS 677,979 262,959 (415,020) 39% UNIFORMS 11,190 6,901 (4,289) 62% SUPPLIES 482,505 92,519 (389,986) 19% FUEL CONSUMED 90,000 72,896 (17,104) 81% SUPPLIES PURCHASED FOR INV OR RESALE 3,000 - (3,000) 0% SMALL EQUIPMENT 16,400 7,393 (9,007) 45% PROFESSIONAL SERVICES 1,024,236 558,991 (465,245) 55% COMMUNICATIONS 40,280 14,815 (25,465) 37% TRAVEL 7,400 - (7,400) 0% ADVERTISING 2,500 - (2,500) 0% RENTAL/LEASE 133,736 54,700 (79,036) 41% INSURANCE 157,117 156,092 (1,025) 99% UTILITIES 931,200 448,060 (483,140) 48% REPAIR&MAINTENANCE 90,000 49,630 (40,371) 55% MISCELLANEOUS 211,100 86,223 (124,877) 41% INTERGOVERNMENTAL SERVICES 290,000 42,648 (247,352) 15% INTERFUND TAXESAND OPERATING ASSESSMENT 470,000 198,685 (271,315) 42% INTERFUND TRANSFERS (to 414, 423) 1,125,280 - (1,125,280) 0% MACHINERY/EQUIPMENT 141,000 - (141,000) 0% CONSTRUCTION PROJECTS 7,924,700 1,560,557 (6,364,143) 20% GENERAL OBLIGATION BONDS 195,602 - (195,602) 0% REVENUE BONDS 222,625 - (222,625) 0% INTERGOVERNMENTAL LOANS 138,939 - (138,939) 0% INTEREST 125,421 - (125,421) 0% DEBT ISSUE COSTS 16,551 - (16,551) 0% OTHER INTEREST & DEBT SERVICE COSTS - 41 41 0% INTERFUND PROFESSIONAL SERVICES 574,489 231,078 (343,411) 40% 16,830,109 4,533,277 12,296,832 27% 31 Packet Page 54 of 155 Page 6 of 6 Title EQ UIPMENT RENTAL FUND (511) SALARIES AND WAGES OVERTIME BENEFITS UNIFORMS SUPPLIES FUEL CONSUMED SUPPLIES PURCHASED FOR INVENTORY/RESALE SMALL EQUIPMENT PROFESSIONAL SERVICES COMMUNICATIONS RENT AL/LEASE INSURANCE UTILITIES REPAIRS & MAINTENANCE MISCELLANEOUS INTERGOVERNMENTAL SERVICES MACHINERY/EQUIPMENT INTERFUND SERVICES FIROMEN'S PENSION FUND (617) BENEFITS PENSION AND DISABILITY PAYMENTS PROF SERVICES TOTAL EXPENDITURE ALL FUNDS C ITY O F EDMO NDS EXPENDITURES BY FUND - DETAIL 2013 Amended 5/31/2013 Budget Expenditures Variance $ 228,064 $ 1,000 100,397 1,000 76,000 1,000 321,800 8,000 1,000 3,000 9,996 34,083 14,000 60,000 6,000 2,500 217,532 10,000 % Used 64,044 $ (164,020) 28% 886 (114) 89% 30,285 (70,112) 300/c 385 (615) 38% 26,754 (49,247) 35ON - (1,000) 0ON 93,047 (228,753) 290/c 2,874 (5,126) 360/c 977 (23) 98% 531 (2,469) 180/c 3,871 (6,125) 390/c 34,153 70 1000/c 5,808 (8,192) 41ON 23,096 (36,904) 38ON 3,855 (2,145) 64°/a 119 (2,381) 5% 46,927 (170,605) 220/c - (10.000) 0% $ 63,000 $ 14,229 $ (48,771) 2 43,790 33,636 (10,154) 7 2.000 1.169 (831) 5 Packet Page 55 of 155 32 Title CITY COUNCIL OFFICE OF MAYOR HUMAN RESOURCES MUNICIPAL COURT CITY CLERK ADMINISTRATIVE SERVICES CITY ATTORNEY NON -DEPARTMENTAL POLICE SERVICES COMMUNITY SERVICES DEVELOPMENT SERVICES PARKS & RECREATION PUBLIC WORKS FACILITIES MAINTENANCE Title WATER UTILITY FUND STORM UTILITY FUND SEWER/WWTP UTILITY FUND CITY OF EDMONDS EXPENDITURES - GENERAL FUND - BY DEPARTMENT IN SUMMARY 2013 Amended 273,623 $ 238,374 287,190 729,506 586,831 1,492,018 499,200 11,467,569 8,931,185 373,314 1,619,042 3,398,517 1,718,975 1,344,159 32.959.503 $ 5/31/2013 penditures 103,077 $ 97,801 105,495 289,036 211,369 624,521 192,124 4,665,570 3,483,129 141,547 651,747 1,200,892 715,082 553.398 13.034.788 Variance (170,546) (140,574) (181,695) (440,470) (375,462) (867,497) (307,076) (6,801,999) (5,448,056) (231,767) (967,295) (2,197,625) (1,003,893) (790,761) (19.924.715) CITY OF EDMONDS EXPENDITURES - UTILITY- BY FUND IN S UMMARY 2013 Amended Budget $ 9,201,851 $ 4,565,772 16,830,109 $ 30,597,732 $ 5/31/2013 penditures 1,826,538 $ 1,172,420 4,533,277 7,532,235 $ Variance (7,375,313) (3,393,352) (12,296,832) (23,065,497) % Used % Used 38% 41% 37% 40% 36% 42% 38% 41% 39% 38% 40% 35% 42% 41% 40% 20% 26% 27% 25% Packet Page 56 of 155 33 Page 1 of 4 C ITY O F EDMO NDS EXPENDITURES - GENERAL FUND - BY DEPARTMENT IN DETAIL 2013 Amended 5/31/2013 Title Budget Expenditures Variance %Used CITY COUNCIL SALARIES $ 114,618 $ 49,296 $ (65,322) 43% OVERTIME 2,000 255 (1,745) 13% BENEFIT S 68,165 28,938 (39,227) 42% SUPPLIES 1,000 88 (912) 9% PROFESSIONAL SVC 53,082 22,348 (30,734) 42% COMMUNICATIONS 3,000 1,041 (1,959) 35% TRAVEL 2,500 393 (2,107) 16% RENTAL/LEASE 490 186 (304) 38% REPAIRS✓MAINT 1,500 - (1,500) 0% MISCELLANEOUS 27,268 532 (26,736) 2% 273,623 103,077 (170,546) 38% OFFICEOFMAYOR SALARIES $ 183,722 $ 77,494 $ (106,228) 42% OVERTIME - - - 0% BENEFITS 41,852 17,418 (24,434) 42% SUPPLIES 2,000 869 (1,131) 43% PROFESSIONAL SVC 1,500 29 (1,471) 2% COMMUNICATION 1,400 340 (1,060) 24% TRAVEL 2,000 449 (1,551) 22% RENTAL/LEASE 2,400 839 (1,561) 35% REPAIR/MAINT 500 - (500) 0% MISCELLANEOUS 3,000 363 (2,637) 12% 238,374 S 97,801 (140,574) 1% HUMAN RES O URC ES SALARIES $ 169,000 S 66,715 $ (102,285) 39% OVERTIME - - - 0% BENEFITS 6L680 20,039 (41,641) 32% SUPPLIES 2,000 1,477 (523) 74% SMALL EQUIPMENT 100 - (100) 0% PROFESSIONAL SVC 32,000 8,574 (23,426) 27% COMMUNICATIONS 500 160 (340) 32% TRAVEL 500 100 (400) 20% ADVERTISING 5,000 1,517 (3,483) 30% RENTAL/LEASE 2,000 839 (1,161) 42% REPAIR/MAINT 6,000 5,349 (651) 89% MISCELLANEOUS 8 410 725 (7,685) 9% 287,190 105,495 (181,695) 37% MUNIC IPAL C O URT SALARIES $ 464,471 $ 187,664 $ (276,807) 40% OVERTIME 100 - (100) 0% BENEFITS 168,526 61,876 (106,650) 37% SUPPLIES 9,159 3,180 (5,979) 35% SMALL EQUIPMENT 2,000 1,003 (997) 50% PROFESSIONAL SERVICES 60,500 27,872 (32,628) 46% COMMUNICATIONS 2,600 743 (1,857) 29% TRAVEL 1,250 1,379 129 110% RENTAL/LEASE 650 319 (331) 49% REPAIR/MAINT 1,000 409 (591) 41 % MISCELLANEOUS 19,250 4,592 (14,658) 24% 729,506 289,036 (440,470) 40% 34 Packet Page 57 of 155 Title CITY OF EDMO NDS EXPENDITURES - GENERAL FUND - BY DEPARTMENT IN DETAIL 2013 Amended 5/31/2013 Budget Expenditures Variance Page 2 of 4 %Used CITY C LERK SALARIES AND WAGES $ 305,572 $ 126,391 $ (179,181) 41% BENEFIT S 92,771 38,389 (54,382) 41% SUPPLIES 13,760 2,706 (11,054) 20% PROFESSIONAL SERVICES 84,751 9,086 (75,665) 11% COMMUNICATIONS 50,000 18,852 (31,148) 38% TRAVEL 250 - (250) 0% ADVERTISING 3,690 2,299 (1,391) 62% RENTAL/LEASE 25,000 6,652 (18,348) 27% REPAIRS & MAINTENANCE 8,037 4,795 (3,242) 60% MISCELLANEOUS 3,000 2,201 (799) 73% 586,831 211,369 375,462 36% ADMINISTRATIVE SERVICES SALARIES $ 682,370 $ 269,380 $ (412,990) 39% OVERTIME 4,000 5,582 1,582 140% BENEFITS 220,100 83,491 (136,609) 38% SUPPLIES 35,700 9,647 (26,053) 27% SMALL EQUIPMENT 87,500 41,769 (45,731) 48% PROFESSIONAL SERVICES 126,350 82,538 (43,812) 65% COMMUNICATIONS 58,960 21,384 (37,576) 36% TRAVEL 3,300 - (3,300) 0% RENTAL/LEASE 8,988 3,681 (5,307) 41% REPAIR/MAINT 171,750 74,574 (97,176) 43% MISCELLANEOUS 8,000 9,739 1,739 122% MACHINERY/EQUIPMENT 85,000 22,735 (62,265) 27% 1,492,018 624,521 (867,497) 42% CITY ATTORNEY PROFESSIONAL SVC $ 499,200 $ 192,124 $ (307,076) 38% MISC PROSECUTOR - - 0% 499,200 192,124 (307,076) 38% NON -DEPARTMENTAL SALARIES $ 136,000 $ - $ (136,000) 0% BENEFITS - UNEMPLOYMENT 40,000 12,434 (27,566) 31 % PROFESSIONAL SVC 380,000 88,436 (291,564) 23% COMMUNICATIONS - - - 0% RENTAL/LEASE 3,600 3,600 - 100% INSURANCE 396,193 397,566 1,373 100% MISCELLANEOUS 55,156 40,165 (14,991) 73% INTERGOVT SVC 7,532,912 3,780,228 (3,752,684) 50% ECA LOAN PAYMENT 190,000 - (190,000) 0% EXCISE TAXES 5,500 1,267 (4,233) 23% INTERFUND TRANSFERS 1,325,185 255,078 (1,070,107) 19% GENERAL OBLIGATION BOND 946,595 - (946,595) 0% INSTALLMENT PURCHASES 64,014 64,014 (0) 100% OTHER DEBT - - - 0% INTEREST ON LONG-TERM DEBT 185,614 22,304 (163,310) 12% DEBT ISSUANCE COSTS 5,000 - (5,000) 0% FISCAL AGENT FEES - 478 478 0% INTERFUND SERVICES 201,800 - (201,800) 0% 11,467,569 4,665,570 (6,801,999) 41% 35 Packet Page 58 of 155 Page 3 of 4 C ITY O F IDMO NDS EXPENDITURES - GENERAL FUND - BY DEPARTMENT IN DETAIL Title SALARIES OVERTIME HOLIDAY BUYBACK BENEFIT S UNIFORMS SUPPLIES SMALL EQUIPMENT PROFESSIONAL SVC COMMUNICATIONS TRAVEL ADVERTISING RENT AL/LEASE REPAIR/MAINT MISCELLANEOUS INTERGOVTL SVC INT ERFUND RENTAL COMMUNITY SERVICES ADMIN SALARIES BENEFIT S SUPPLIES SMALL EQUIPMENT PROFESSIONAL SVC COMMUNICATIONS TRAVEL ADVERTISING RENT AL/LEASE REPAIR/MAINT MISCELLANEOUS DEVELO PMENT S ERVIC ES /PLANNING SALARIES OVERTIME BENEFIT S UNIFORMS SUPPLIES MINOR EQUIPMENT PROFESSIONAL SVC COMMUNICATIONS TRAVEL ADVERTISING RENT AL/LEASE REPAIRS & MAINTENANCE MISCELLANEOUS ENGINEERING SALARIES OVERTIME BENEFIT S UNIFORMS SUPPLIES MINOR EQUIPMENT PROFESSIONAL SVC COMMUNICATIONS TRAVEL ADVERTISING RENT AL/LEASE REPAIR/MAINT MISCELLANEOUS 2013 Amended 5/31/2013 Budget Expenditures Variance %Used $ 5,169,010 $ 2,125,211 $ (3,043,799) 41% 400,000 125,386 (274,614) 31% 193,388 802 (192,586) 0% 1,728,703 742,574 (986,129) 43% 52,410 17,980 (34,430) 34% 94,100 30,145 (63,955) 32% 14,300 3,267 (11,033) 23% 95,200 27,379 (67,821) 29% 33,592 8,276 (25,316) 25% 16,300 1,285 (15,015) 8% 375 36 (339) 10% 538,344 223,062 (315,282) 41% 16,115 3,280 (12,835) 20% 35,300 11,803 (23,497) 33% 496,048 142,643 (353,405) 29% 48,000 20,000 (28,000) 42% 8,931,185 3,483,129 (5,449,056) 39% $ 213,304 $ 89,058 $ (124,246) 42% 62,052 26,011 (36,041) 42% 1,500 280 (1,220) 19% 800 - (800) 0% 60,804 22,874 (37,930) 38% 1,490 626 (864) 42% 2,000 - (2,000) 0% 24,500 - (24,500) 0% 2364 989 (1,375) 42% 500 - (500) 0% 4,000 1,709 (2,292) 43% 373,314 141,547 (231,767) 38% $ 1,032,549 $ 460,503 $ (572,046) 45% 1,300 25 (1,275) 2% 358,465 150,960 (207,505) 42% - - - 0% 13,000 4,299 (8,701) 33% 1,100 - (1,100) 0% 145,600 9,152 (136,448) 6% 4,000 1,881 (2,119) 47% 1,600 12 (1,588) 1% 3,000 1,635 (1,365) 54% 32,828 13,683 (19,145) 42% 500 - (500) 0% 25,100 9,598 (15,502) 38% 1,619,042 651,747 967,295 40% $ 1,007,140 $ 416,098 $ (591,042) 41% 5,000 947 (4,053) 19% 342,150 148,577 (193,573) 43% 360 - (360) 0% - - - 0% 2,000 1,093 (907) 55% 5,000 840 (4,160) 17% 6,700 2,087 (4,613) 31 % 600 10 (590) 2% - 264 264 0% 13,408 5,585 (7,823) 42% 1,800 38 (1,762) 2% 10,300 4,411 (5,890) 43% 1,394,458 579,950 (814,508) 42% Packet Page 59 of 155 36 Page 4 of 4 CITY OF EDMO NDS EXPENDITURES - GENERAL FUND - BY DEPARTMENT IN DETAIL Title PARKS & REC REATIO N SALARIES OVERTIME BENEFITS UNIFORMS SUPPLIES MINOR EQUIPMENT PROFESSIONAL SVC COMMUNICATIONS TRAVEL ADVERTISING RENTAL/LEASE PUBLIC UTILITY REPAIR/MAINT MISCELLANEOUS INTERGOVTLSVC PUBLIC WORKS SALARIES OVERTIME BENEFITS SUPPLIES PROFESSIONAL SERVICES COMMUNICATIONS TRAVEL RENT AL/LEASE PUBLIC UTILITY REPAIR/MAINT MISCELLANEOUS FACILITIES MAINTENANCE SALARIES OVERTIME BENEFITS UNIFORMS SUPPLIES FUEL CONSUMED MINOR EQUIPMENT COMMUNICATIONS RENT AL/LEASE PUBLIC UTILITY REPAIR/MAINT MISCELLANEOUS TOTAL GENERAL FUND EXPENDITURES 2013 Amended 5/31/2013 Budget Expenditures Variance %Used $ 1,745,631 $ 661,100 $ (1,084,531) 38% - 2,373 2,373 0% 584,326 228,330 (355,996) 39% 5,340 1,987 (3,353) 37% 131,925 43,743 (88,182) 33% 3,250 1,820 (1,430) 56% 405,297 67,137 (338,160) 17% 28,218 9,919 (18,299) 35% 5,942 483 (5,459) 8% 4,300 668 (3,632) 16% 149,152 63,361 (85,791) 42% 135,000 60,394 (74,606) 45% 51,845 25,036 (26,809) 48% 77,596 29,542 (48,054) 38% 70,695 5,000 (65,695) 7% 3,398,517 1,200,892 (2,197,625) 35% $ 225,381 $ 101,841 $ (123,540) 45% 200 - (200) 0% 76,157 27,405 (48,752) 36% 5,100 2,333 (2,767) 46% 200 20 (180) 10% 1,200 644 (556) 54% 500 - (500) 0% 10,779 1,785 (8,994) 17% 2,600 1,075 (1,525) 41% 1,000 - (1,000) 0% 1,400 30 (1,370) 2% 324,517 135,132 (189,385) 42% $ 621,104 $ 260,124 $ (360,980) 42% 2,500 105 (2,395) 4% 249,515 92,675 (156,840) 37% 3,000 547 (2,453) 18% 65,000 26,947 (38,053) 41 % - - 0% 6,000 1,059 (4,942) 18% 13,000 5,216 (7,784) 40% 44,940 18,815 (26,125) 42% 277,000 121,378 (155,622) 44% 60,000 25,319 (34,681) 42% 2,100 1,214 (886) 58% 1,344,159 553,398 790,761 41°0 32,959,503 13,034,788 (19,924,715) 40% Packet Page 60 of 155 37 AM-5927 City Council Committee Meetings Meeting Date: 07/09/2013 Time: 5 Minutes Submitted For: Rob English Department: Engineering Committee: Parks, Planning, Public Works Subject Title Quarterly Public Works Project Report Recommendation The report is being provided for information. Previous Council Action None. Submitted By: Megan Luttrell Tyne: Information Information 2. A. Narrative Attached is the quarterly report for capital improvement projects managed by the Public Works Department. The second quarter report for 2013 contains information on the estimated project budget, 2013 budget, change orders, funding sources and schedule. Quarterly Report Inbox Reviewed By Engineering Robert English City Clerk Sandy Chase Mayor Dave Earling Finalize for Agenda Sandy Chase Form Started By: Megan Luttrell Final Approval Date: 07/03/2013 Attachments Form Review Date 07/03/2013 03:53 PM 07/03/2013 03:54 PM 07/03/2013 03:55 PM 07/03/2013 03:56 PM Started On: 07/03/2013 01:04 PM Packet Page 61 of 155 PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION PROJECTS Capital Improvement Program Project City or Budget Schedule Status Total 2013 Change city complete "Active Consultant Budget Budget Orders Grants Fundts)# Advertise Const Phase Comments Project Description T e Facilities Ameresco $ 758,683.00 $ 758,683.00 One Field $ 247,942.00 Various _ May-14 Con •ESCO Contract through WA DES process. Authorizatio -Guaranteed energy savings. n to enable -important equipment replacements for Yost Pool and Edmonds Yost Pool to Senior Center. open. NTE -Large impacts on City owned decorative lamps and area amount lighting at buildings. $51,666 ESCO III Project +W SST Frances Anderson ADA Upgrades Facilities Consultant $200,000 $170,000 _ _ 016 May-13 Oct-13 Con -Bids opened May 30th. Project E3LA/c393 -Council awarded contract to Moon Construction June 18th. -Permit ready to pick up. -construction periods start August 19th and run 8 weeks. -Project budget now set at $134,131, includinq Contingency. Public Works Yard Water Quality Facilities Consultant $397,960 $263,500 _ $311,379 422 Jun-13 Aug-13 Des • Consultant hired to design waste handing facility at Public Upgrade (Vehicle Waste Facility Works Yard, construction 2014 (75 % grant funded). Upgrade & Cover for Material • Constuction of spoil pile covers completed (100 % grant Piles) I ifunded). 76th Avenue West175th Place Parks Gray & $3,704,064 $12,000 $1,282,613 _ 125 Apr-09 Nov-10 CI -Out -construction is complete. West Walkway Osborne -Change Order 1: $59,895; Change Order 2: $28,584; Change Order 3: $22,117; Change Order 4: $10,096; Change Order 5: $15,799; Change Order 6: $131,547; Change Order 7:$245,297;Change Order 8: $167,739; Change Order #9: $25,109; Change Order #10: $19,618; Change Order #11: $92,710; Change Order #12: $139,100; Change Order#13: $325,000. •$77,000-2012 BudgetAmend (1st Qtr) •$103,000-2012 BudgetAmend (May) •$30,000-2012 BudgetAmend (December) Dayton Street Plaza Parks Barker $160,605 $168,000 _ _ 132 TBD TBD On -Hold -Coordinating with Parks Dept to possibly go to construction in 2013 •$168,000 - 2013 BudgetAmend (Feb) Interurban Trail Parks KPFF $2,430,000 $27,000 $145,556 $1,325,703 132 May-11 Jun-12 CI -Out • Construction is complete. • Plant establishment period completed in spring 2013. • Change order 1: $37,757 • Change order 2: $2,240 • Change order 3: $41,003 • Change order 4: $13,412 • Change order 5: $7,257 • Change order 6: $4,680 • Change order 7: $0 • Change order 8: $33,275 • Change order 9: $4,152 • Change order 10: $1,780 • $314,414-Budget Amendment (1st Qtr) • 27 000-2013 Budget Amendment Feb 2012 -Alder/Deliwood/Beach Sewer City $1,257,627 $1,224,500 _ _ 423 May-13 Oct-13 Des/ -coordination with OVWSD to transfer ownership of pipe for P11244th Sewer Replacement Constr sewer west of 224th & 76th completed Sept 18, 2012. Interlocal signed with OVWSD for repairs of a small portion of sewer east of 224th & 76th signed August 2012. •244th project being done separately by OVWSD Spring 2013/Summer 2013. •Deliwood site to be completed at a later date so that more pressing sites can be addressed. Expected Ad Date for Beach Place and AlderFeb 2014. *Easement acquired at Ebb Tide Site acquired and approved by council on Feb 2013. 2013 Sewer Replacement Project Sewer CHS $2,027,000 $1,982,000 _ _ 423 Aug-13 Dec-13 Des -construction Surveying complete Nov. 2012. -Design in progress. .Phase 1 to be built in 2013. -Phase 2 to be built in 2014. AlderCIPP(Citywide CIPP Sewer Sewer City $306,000 $302,600 _ _ 423 Jul-13 Oct-13 Des -Design Alder Site Complete Rehab) Project was bid in August 2012. No responsive bidders. -Construction delayed until 2013 due to bidding climate. -Additional 3 sites to added in 2013. -Project to be out to bid July 2013. 7/3/2013 PAGE 1 Packet Page 62 of 155 PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION PROJECTS Capital Improvement Program Project City or Budget Schedule Status Total 2013 Change City Complete "Active Consultant Budget Budget Orders Grants Fundtsl# Advertise Const Phase Comments Project Description Type Lift Stations 3, 4, 5, 9, 10. 11, 12, Sewer CHS $4,602,121 $3,484,900 423 Aug-12 Oct-13 Con • Construction contract awarded to Razz Construction. 14 & 15 • Construction is 80 % complete. Sanitary Sewer Comprehensive Sewer BHC $218,100 $99,100 _ _ 423 _ _ Study -First draft of report completed spring 2013. Plan -Modeling of sewer network !complete. -Financial chapter in progress. To be completed late june/early july 2013. 238th St Drainage to Hickman Storm City $646,260 $646,260 _ _ 422 Aug-13 Oct-13 Des • Project broken into two phases due to grant for sidewalks. Park • Phase I to be constructed in 2013 (Alley infiltration system upgrade south of 107th PL W. and 102nd AVE W. infiltration system upgrade - behind church). • Phase II stormwater improvements on 238th St SW with sidewalk in 2014 (connect to Hickman Park infiltration). 95th/93rd PI Stormwater Storm City TBD $226,000 _ _ 422 Mar-14 Jul-14 On -Hold _ Improvements City -Wide Drainage Improv. Storm City $149,000 $149,000 _ _ 422 _ _ Pre/Des/ • Willow Creek Outfall Inspected; minor repairs completed Con Dayton St & SR 104 Drainage Storm Consultant $283,000 $283,000 _ _ 422 _ _ Study • Draft Alternatives Analysis Report completed Improvement Study • Public Open house completed 6/20/2013. • Final Report due 3Q 2013. Dayton St. Storm Improvements Storm City TBD $40,000 _ _ 422 _ _ On -Hold _ (6th to 8th) Lake Ballinger Associated Projects Storm City $106,000 $106,000 _ _ 422 Apr-13 Dec-13 Des • Construction to begin 7/1/2013. Project managed by City of Mountlake Terrace. • Edmonds contracted with consultant to evaluate different weir configurations that may help with flooding. Perrinville Creek Flow Reduction Storm Consultant $388,772 $200,000 _ $188,772 422 _ _ Study • Contract executed with Consultant; project underway Retrofit Study • $188,772 grant secured from Department of Ecology to supplement budget. Talbot Rd/Perrinville Creek Storm City $95,000 $95,000 _ 422 CI -Out • Construction complete Drainage Improvement & Habitat _ • Culvert inspections completed; no defects found. Enhancement -Phase II • Consultant selected for Tide gate feasibility study; to be completed in 2013 Willow Creek Daylight/Edmonds Storm Consultant $150,000 $100,000 _ _ 422 _ _ Study • Final Early Feasibility Study completed Marsh Feasibility Study • Pre -proposal for further work to RCO/SRF Board Submittal including response to questions. • Full proposal for further work to RCO/SRF Board due 8/2013. 15th St. SW Walkway Street TBD $374,000 $40,000 _ $374,000 112 Jul-14 Dec-14 Pre • The project proposes the addition of sidewalk on 15th St. SW from SR-104 to 8th Ave. S, on one side of the street. • The City recently secured a state grant for $374,000 (through Safe Routes to School grant), The funds can't be obligated until July. Design phase to begin in August. 228th St. SW Corridor Safety Street Perteet $5,669,000 $719,700 _ $4,769,000 112 Apr-14 TBD Des / • Design at 80%. Improvements ROW • Right of Way acquisition (4 out of 9 property owners have signed the documents). • Grant funding is included in all project phases. 236th St. SW Walkway Street TBD $494,000 $40,000 _ $494,000 112 Jul-14 Dec-14 Pre • The project proposes the addition of sidewalk on 236th St. SW from SR-104 to Madrona Elementary, on one side of the street. • The City recently secured a state grant for $494,000 (through Safe Routes to School grant), The funds can't be obligated until 5th Avenue Overlay Project Street Otak, Inc. $774,000 $774,000 _ $551,000 112 & 421 Jul-13 Oct-13 Des -Design at 95 -Federal Project, $551,000 grant and $223,000 in Water Utility Funding. 7l3/2013 PAGE 2 Packet Page 63 of 155 PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION PROJECTS Capital Improvement Program Project City or Budget Schedule Status Total 2013 Change city complete "Active Consultant Budget Budget Orders Grants Fundtsl# Advertise Const Phase Comments Project Description Type 76th Ave. W @ 212th St. SW Street Dave Evans $2,760,000 $450,800 _ $940,397 112 TBD TBD Des • Design at 35 % . Intersection Improvements • Grant funding is included in the design and ROW phases. Citywide Pedestrian Countdown Street DKS $300,000 $295,000 _ $300,000 112 Sep-13 Dec-13 Des • Design at 90%. Display & Cabinet Upgrades • Grant funding has also been secured for 100 % of the design and construction phase. Five Comers Roundabout (212th Street Dave Evans $3,143,000 $3,134,200 _ $2,399,500 112 Dec-13 Dec-14 Des / • Design at 95%. St. SW @ 84th Av. W) 421 ROW • Right of Way acquisition (3 out of 5 property owners have 422 signed the documents). 423 • Grant funding is included in all project phases. • Water, Storm & Sewer Utility Funds are contributing to project funding. Main St. @ 9th Ave. (interim Street City $10,000 $10,000 _ _ 112 _ TBD Pre • On -Hold solution) SR-104 Transportation Corridor Street TBD TBD $50,000 _ _ 112 _ _ Study On hold. Study 238th St. SW Walkway Street TBD $591,000 $60,000 _ $591,000 112 Jul-14 Dec-14 Pre • The project proposes the addition of sidewalk on 238th St. SW from 100th Ave. W to 104th Ave. W, on one side of the street. • The City recently secured a state grant to cfor $591,000 (through Safe Routes to School grant). The funds can't be obligated until July. Design phase to begin in August. • This project will be combined with the storm drain ADA curb ramp upgrades along Street TBD $80,000 $0 _ $50,000 112 Jul-14 Oct-14 Pre • The project proposed the upgrade to curb ramps along 3rd 3rd Ave. S Ave. S from Main St. to Pine St. • A construction grant was secured in the amount of $50,000. State Route (SR) 991nternational Street CH2MHill $615,800 $208,100 _ $662,000 129 Apr-12 Jul-13 Con • Construction at 95 District Enhancements (Phase 1 • The only remaining item is the installation of the banners. and 2) State Route (SR) 99International Street KPG $684,000 $98,000 _ $684,000 112 April-14 TBD Des • The grant covers 100 % of the design and construction costs. District Enhancements (Phase 3) • The construction will be combined with the 228th St. SW Corridor Improvement project since both are within close proximity of each other, have a similar construction timeline, and same grant funding source. Sunset Walkway Improvements Street MacLeod $882,000 $88,000 _ $159,000 112 TBD TBD Des • The conceptual layout was completed by Parametrix in Reckord February'12. Main Street Pedestrian Lighting Street Parametrix $1,737,101 $220,000 $51,386 $1,225,000 112 Jul-12 Dec-12 CI -Out • Construction complete from 5th Ave to 6th Ave 421 • Construction close-out in progress. 422 • $312,000 - 2012 Budget Amendment (August) • Substantial Completion 12/14/12 • Change Order 1 - $15,099.14 • Change Order 2 - $1,193.00 • Change Order 3 - $1,020.18 • Change Order 4 - $639.24 • Change Order 5 - $16,335.51 • Change Order 6 - $3,169.57 • Change Order 7 - $1,968.00 • Change Order 8 - $2,980.00 • Change Order 9 - $10,321.98 • Change Order 10 - ($2,000.00) • Change Order 11 - $659.12 7/3/2013 PAGE 3 Packet Page 64 of 155 PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION PROJECTS Capital Improvement Program Project City or Budget Schedule Status Total 2013 Change city complete **Active Consultant Budget Budget Orders Grants Fundlsl# Advertise Const Phase Comments Project Description Type 2011 Replacement Program- Water MSA $2,364,506 $5,000 $50,112 _ 421 Jun-11 Mar-12 CI -out *Construction Complete March 2012. Waterline -Construction Closeout in Progress. Substantial completion reached march 2012. -Change order#1 $24,070.93 -Change order #2 $33,785.22 -Change order #3 ($7,744.22) •2012 BudgetAmendment $390,000 (1st Qtr) -Council Approval March 19, 2013. -Awaiting remainder of affidavits prior to continuing with closeout process. •2013 BudgetAmendment $5,000 (Feb) 2012 Citywide Waterline Overlay Water City $526,400 $5,000 -$17,071 _ 421 Jul-12 Nov-12 CI -Out -Construction Complete Project -contract completed ahead of schedule and 12 % under budget •Afinal Change Order of-$17,071 was written to reflect the budget underrun. -Accepted by Council February, 2013 2013Replacement Program - Water City $2,137,980 $2,092,980 _ _ 421 Mar-13 Nov-13 Con -Construction at25%. Waterline •D&G Backhoe awarded $1,304,457.70 contract in April 2013. 76th Ave W Waterline Extension Water Roth Hill $725,000 $665,800 _ _ 421 Oct-12 Sep-13 Con -Construction began March 18, 2013 with Lynnwood Project approved by council Dec 2012. •$175,000-2013 BudgetAmendment (Feb). Control system upgrade WWTP Tetra Tech $67,500 $67,469 $0 $0 423 Jan-00 Dec-18 Design -Reliability -replace aging control system equipment and provide for redundancy - Start with PLC in 600 bldg. PLC and 1/0 replacement - replace 1 cabinet/year - (replace old HIKs) Includes WIN911 upgrade and upgraded UPS/control rack for 300 bldg. Facility repair and improvement WWTP Tetra Tech $350,000 $350,000 $0 $0 423 Summer Dec-13 Design •Reliability- repair men's locker room, floor damage and project 2013 reallocate space based on need. Incinerator regulatory compliance WWTP CH2MHill & $1,040,000 $100,000 _ _ 423 _ Jan-13 Study •Regulatory - The stack testing was completed in January &improvement Coal Creek 2013. Environment -While the testing indicated we can narrowly achieve the new al standards, we conducted a pilot test of a new technology to determine whether or not it will improve performance for Edmonds in the future. We expect the results of this test in the coming weeks. We continue to investigate the source of mercury Switchgear replacement WWTP HDR $1,400,000 $1,297,724 _ _ 423 Apr-13 Sep-13 Con The project was awarded to Ewing Electric. .We are in the process of reviewing submittals. -Estimated completion is October, 2013. Variable frequency drive WWTP City $100,000 $25,000 _ _ 423 _ Jul-13 Con •Reliability- VFD's are on site. 1 is completely installed - others installation will be installed in 2013. **Active Phase Ad Advertising Pre Preliminary Design Des Design ROW Right -of -Way Acquisition Ad Advertise for Contruction Bids Con Construction CI -Out Close-out Construcion Contract Studv Stud 7/3/2013 PAGE 4 Packet Page 65 of 155 AM-5917 City Council Committee Meetings Meeting Date: 07/09/2013 Time: 5 Minutes Submitted For: Mike De Lilla Department: Engineering Committee: Parks, Planning, Public Works Submitted By: Megan Luttrell Tyne: Action Information 2. B. Subject Title Authorization to advertise a Request for Bids for construction services for the 224th Street SW Waterline Replacement Project. Recommendation Forward item to the consent agenda for approval at the July 16, 2013 Council meeting. Previous Council Action None. Narrative The 224th Street Waterline Replacement Project will relocate approximately 300 linear feet of 12 inch diameter watermain and associated appurtenances that currently lie directly above an existing City owned sewer main. The sewer main is currently in the process of being replaced as part of the sewer replacement project being jointly done by Olympic View Water Sewer District and the City near the intersection of 224th Street and 76th Ave. In order for the sewer to reconnect to the existing pipes, it requires that portions of the existing watermain be removed. This project will replace those missing pieces and realign the watermain so that the current site specific conflicts with the sewer pipe are resolved. The total estimated construction costs for this project is $130,000. Staff will select a contractor to build the project using the selection process outlined in the City's purchasing policy. The construction is expected to start late summer 2013 and be completed by fall 2013. Inbox Reviewed By Engineering Robert English City Clerk Sandy Chase Mayor Dave Earling Finalize for Agenda Sandy Chase Form Started By: Megan Luttrell Final Approval Date: 07/03/2013 Form Review Date 07/03/2013 08:49 AM 07/03/2013 10:22 AM 07/03/2013 11:34 AM 07/03/2013 12:02 PM Started On: 07/03/2013 08:38 AM Packet Page 66 of 155 AM-5916 City Council Committee Meetings Meeting Date: 07/09/2013 Time: 5 Minutes Submitted For: Bertrand Hauss Department: Engineering Committee: Parks, Planning, Public Works Submitted By: Megan Luttrell Tyne: Information Information 2. C. Subject Title Authorization for Mayor to approve acceptance and recording of easements for the 228th St. SW Corridor Improvements Proj ect. Recommendation Add executed right of way documents for the 228th St. SW Corridor Improvements project on future City Council consent agendas for approval and acceptance. Previous Council Action None. Narrative Right of way acquisition is needed from nine property owners in order to construct the 228th St. SW Corridor improvements project. Temporary construction easements are needed from all the properties, while the purchase of land rights is needed for only six of them. The six properties are shown in Exhibits #1 thru #6. The remaining three properties, where only temporary construction easements are needed, are included in Exhibits #7 thru #9. Universal Land Services, Inc. was hired by the City to prepare the right of way documents and complete the negotiations with the property owners. The right of way acquisition documents have been signed by the property owners for the Yunis, Hochberg, and Franklin properties (Exhibit #5, #6, and #7). The final easement documents for each parcel will need to be accepted by the City Council, before they can be recorded at the County Recorder. All right of way documents need to be recorded before WSDOT will certify completion of the right of way phase and give authorization to advertise for construction bids. The purpose of this agenda item is to inform the committee that right of way deeds, landscaping and temporary construction easements will be placed on future consent agendas for Council approval, once the documents have been signed and accepted by each property owner. Attachments Exhibit #1-RJ Wiley Exhibit #2-Boo Han Exhibit #3-Michlitch Exhibit #4-Tye Root Exhibit #5-Yunis Exhibit #6-Hochber2 Exhibit #7-Franklin Exhibit #8-U-Save Oil Exhibit #9-Storaee Form Review Packet Page 67 of 155 Inbox Reviewed By Engineering Robert English City Clerk Sandy Chase Mayor Dave Earling Finalize for Agenda Sandy Chase Form Started By: Megan Luttrell Final Approval Date: 07/03/2013 Date 07/03/2013 10:46 AM 07/03/2013 11:26 AM 07/03/2013 11:35 AM 07/03/2013 12:02 PM Started On: 07/03/2013 07:56 AM Packet Page 68 of 155 Exhibit 1 r SCALE IN FEET- ! TEMPORA�2Y, CONr,TRU TION EASEMENT: 1,556 SF - . � n r �\ OUNTRY ARMS Z ` 5.0' '� r R=22' �\ T R-17' � 3.0' O � ` O ap 5.0' � r®b'�� 3.0' 9 ` \ ACQUISTION: 491 SF (C4A/p, LEGEND \ ALIGNMENT CENTERLINE \ 0 0 EXISTING ROW BOUNDARY LINE PROPOSED ROW BOUNDARY LINE Oo PROPOSED ROWACQUISITION AREA TEMPORARY CONSTRUCTION EASEMENT ARE:A Per'tbet [nr. 228TH ST SW COIRI'dDOR IMPROVE RAFl\1T gxR-asz-7�an{t i i ;: ,. riri RJ WILEY, I_LC TAX NO. 00576700000202 RIGHT-OF-WAY EXHIBIT I I/i2/I_, Packet Page 69 of 155 Exhibit 2 0 �- 3.0' 5.0' ��1 v 6 Ch M!%,�7?,',' 228TI-I 81- SW (A LINE) ° LEGEND ALIGNMENT CENTERLINE f — — — EXISTING ROW BOUNDARY LINE PROPOSED ROW BOUNDARY LINE f PROPOSED ROW ACQUISITION AREA •Pewteet in. 425-48271001 7-e00MM0 2W Cdby Avenue, Salle M) F'varan, weantr�rs,, iti7N1f -- s TEMPORARY CONSTRUCTION EASEMENT AREA 0 40 sIf) SCALE IN FFF T 228TFI ST SW CORRIDOR IMPROVEMENTS BOO HAN PLAZA IV, LLG TAX NO. 27043000404000 RIGHT-OF-WAY EXHIBIT 11 'I1/12112 Packet Page 70 of 155 0 40 as SCALE IN FEET Exhibit 3 SR99' 76TH AVE W (B LINE) 1�erteet _ 226TH ST SW CORRIDOR IMPROVL=MEN1'S -- - - ,,,,2_71DO I f-eWI1, ROBER T S MICHLITCH, JR TAX NO. 00576700000102 RIGHT-OF-WAY EXHIBIT i u I2.112 Packet Page 71 of 155 ExhEbit 4 I i 0 40 80 �I SCALE IN FEET LEGEND -ALIGNMENT — CENTERLINE EXISTING ST IN ING •• BOUNDARY PROPOSED �• BOUNDARY NE ►�►fY a►alY a►f►a►f►a►a►�►`7►� PROPOSED iii►iDir'iiGi9iGi►�Ci►a�C40►iCh ' • a►a►a►q4f►�►uaRa►�►aYa►al r ! • F A y 1 S,g 99f!C�IN F) OLYMPIC FINANCIAL CENTER j TEMPORARY CONS1 EASEMENT: 1,122 SF 4.0' —J 3.0' -/6'I-1-1 A\/[::' VV (13 1-1NF) P®rteet f - 228TI-I ST SW CORRIDOR IMf'I�OV�Ilrll=.1�I I S 42a.26277001 ea0-015.O ao TYE ROOT, LLC & SUN SM, I_LC 2107CQ[brAvaoae,Suite OW TAX NO,27043000404400 EvemM,waahtr*" 0201 RIGHT-OF-WAY EXHIBIT Packet Page 72 of 155 1 `L 1111711?. ACQUISITION: G SF EASEMENT: 348 SF fi Exhibit 5 228TFI ST SW (A LINE) R=20'' e. ; i - 5.0' I e T---- "' ALIGNMENT CENTERLINE — — — — EXISTING ROW BOUNDARY LINE PROPOSED ROW BOUNDARY LINE PROPOSED ROW ACQUISITION AREA TEMPORARY CONSTRUCTION EASEMENT AREA 0 40 80 SCALE IN FEET 228TFI ST SW CORRIDOR IMPROVEMENTS SHAMAIL YUNIS TAX NO. 00441500100100 RIGHT-OF-WAY EXHIBIT 11/12/12 Packet Page 73 of 155 Exhibit 6 A R1 HENRY HOCHBERG M.P. FAMILY I fT,19NEt 3*", _ F Z I EASEMENT: 230 $,F J 5.0' co 9'®�24' Lij .. )kR 5.0' 114 �oACQUISITION- 169 SF - ----+- 228TH ST SVV (A 1.11%) ALIGNMENT CENTERLINE — — - EXISTING ROW BOUNDARY LINE -- - PROPOSED ROW BOUNDARY LINE_ Perteet w. 425-2.32.7700114M-ei a-MW 2707 Coft Avoitm. 5ulta WO :r, W,., .,�'�'ai PROPOSED ROW ACQUISITION AREA -=I TEMPORARY CONSTRUCTION EASEMENT AREA 0 40 80 SCALE IN FEET ST SW CORRIDOR IMPROVEi HOCHBERG FAMILY TRUSH TAX NO. 00601400000100 RIGHT-OF-WAY EXFIIBi-r 11/12/12 Packet Page 74 of 155 SECTDN 29/30, d ° 27 NON, R. 4 E WAM. OLYMPiC FINANCIAL CENTER -------- IX a � 00 W uy X 00 76TH AVE U11(G LINE) 59_+oa U3 m H ` BETLINGER COURT 113 \\ I 27043 W 04042i10 I USAVE OIL CO. \, MATTHEW ROBERT z N2z' SECTION 30 2l0 7ps SALON 76 STATION LFo4c�'o5 0 TOTAL AREA IS FROM ASSESS ORS OWNERSHIPS RECORDS UNLESS OTHERWISE NOTED- ALL AREAS ARE SHOWN INSQUARE FEET UNLESS OTHERWISE NOTED. PARCEL ND. TAKPARCEL NO. NAME TOTAL AREA ACQUISITION REMAINDER TEMP. CONST. 109' 27043000404100 U-SAVE OIL CO. 1.602t SF I - EASM7 718 3F 112 27042900307400 FRANKLIN-EDMONOS, LLC SEETABLESHEETRW06 113, 27043000404200 U-SAVE OIL CO. 9,43%SF - 653 SF TOTAL AREA FROM RIGHT OF WAY PLAN KEY PLAN SECTION 29 STONE COURT RIGHT OF WAY POINTS POINT STATION OFFSET O S 50+90.13 30.0w LT O B 59+98.16 35.00' LT O B 01,55.71 35.00, LT 44 B 61+63,91 51.50, LT O B 61-98,14 30.13P RT ♦� B 61+96.04 35.00' RT ��y/ Q� _ ■ erteet �i OF EOMp� p(�"�Of H Li w 0� � � Om»n BY Dole SCALE 99% REVIEW S MMC IIAWi2 _ e��1°��a ay 425-252-771}q ] 1-Bl1q-615-98gq - Pow CHECK PRINT a3en e a,2 rao 2707 Colby Avenue, Suite 900 ��f'RFcrrcR�'9��`' cneek�By v.n Everett, Washington sa2g1 NOT FOR CONSTRUCTION ��7pNl;� Ell��� AUsYa4Bv '11'M2 or Appr. Packet Page 75 of 155 - - PED AlD NO. Y.XXXXX -- GENERAL NOTES: 1. UNLESS OTHERWISE NOTLO, ALL DIMENSIONS ARE IN FEET. Z. SEE ALIGNMENT PLANS FOR ALEGNMENT INFO AL01-AL08 LEGEND PROPERTY OWNERSHIP ALIGNMENT CENTERLINE — EXISTING ROW 90UNDARYLINE -- ----- PROPOSED ROW BOUNDARY LINE PROPOSED ROW ACQUISITION AREA TEMPORARY CONSTRUCTION EASEMENT AREA I I q 20 40 SCALE IN FEET 228TH ST SW CORRIDOR IMPROVEMENTS °1e�"°°" — SIR 99 MP 44.54 - MP 44.80 I�°WQ8 Sh: aS"o. - RIGHT OF WAYPLAN - Al SEC 10N 29/305 u n 27 Nay duo 4 E., i .NA. TOTAL AREA IS FROM ASSESSOR'S OWNERSHIPS ALL AREAS ARE SHOWN IN SQUARE RECORDS UNLESS OTHERWISE NOTED, FEET UNLESS OTHERWISE NOTED. PARCEL TAX PARCEL NAME TOTALARFA ACQUISITION REMAENDER TEMP. CONST. N0. NO, EASMT 140 27043000403200 SHURGUARD STORAGE CENTERS, INC. 185,130E SF - 51BSF 512 27042900507400 FRANKLIN-EDMONDS, LLC 330,991E SF 1,030 SF pe rt eet r 425-252-7700 1 1-BOO-615-9900 2707 Colby Avenue, Suite 900 BY MPS - Everett, Washington 98201 M `��� OF ED0Hbr a90% REVIEW CHECK PRINT NOT FOR CONSTRUCTION RIGHT OF WAY POINTS POINT STATION OFFSET O1 A 115+48,81 50.0w LT O A 115+4R81 S5.00" LT 3O A 115+69.76 50.0B' LT ® A 115+68.59 55.00' LT O R 65+15AB 35A0' LT O B 65+15.46 30.60' LT O C 115+03.46 50.00, RT O C 115+06.51) 50.00' RT O C 115+06.57 65.21, RT 10 B 62+30.00 45.00` RT 11 B 62+30.00 35.00, RT �gi STgo,� N ? or.wn BY ogle 5GnLE MN,G SSRyl2 T Oesgncd BY Hem A 33307 51Ityi2 1--m' van Ds ilfjM2 pp —By FM-t N-.t r FED AID NO. XXXXX,`C GENERAL NOTES: 1. UNLESS OTHERWISE NOTED, ALL DIMENSIONS ARE IN FEET. 2. SEE ALIGNMENT PLANS FOR ALIGNMENT INFO ALOi-ALOB PROPERTY OWNERSHIP ALIGNMENT CENTERLINE EXISTING ROW BOUNDARY LINE PROPOSED ROW BOUNDARY LINE PROPOSED ROW ACQUISITION AREA TEMPORARY CONSTRUCTION EASEMENT AREA 0 20 40 SCALE IN FEET 0 228TH ST SW CORRIDOR IMPROVEMENTS SR 99 MP 44.54 — MP 44.80 f-',IGHT OF: WX( PLAN RW06 r CIUMUL r-Clly. C / V VI IOU OLYMPIC FINANCIAL CENTER -- a + Fit � m W W) m 0° 0 00 76TH AVE W (B LINI 9 F U F- I r >w 9 E a E g KEYPLAN E E Ne_ pcEC — R-,1:1- Packet Page 77 of 155 SECTION 2 130, Te 27 N.9 R. J, E, wm. — — MATTHEW ROBERT SALON ------------------ BELLINGER COURT I 2704301 411200 U-SAVE OIL CO. iS2525 SECTION 30 76 STATION 60+00 TOTAL AREA IS FROM ASSESSOR'S OWNERSHIPS ALL AREAS ARE SHOWN IN SQUARE RECORDS UNLESS OTHERWISE NOTED. FEET UNLESS OTHERWISE NOTED. PARCEL NO. TAX PARCEL NO, NAME TOTAL AREA ACQUISITION REMAINDER 7LMP. CONST. EASMT logs 27043000404100 U-SAVE OIL CO. 1,602m SF 718SF 112 27042900301400 FRANXLIN.EDMONDS, LLC SEE TABLE SHEET RW05 113, A 2704300040420D s s U-SAVE OIL CO. PA39t SF aj ® e■ teet LV425-252-770011-13oo-615-99o0 2707 Colby Avenue, Suite 900 Everett, Washington 98201 2TOq Tpg LSQ��O�L4j 0 SECTION 29 STONE COURT Ck� of EVA"inm 9(r/o REVIEW CHECK PRINT NOT FOR CONSTRUCTION RIGHT OF WAY POINTS POINT STATION OFFSET O55P+95.13 30.00'1-T O8 59-06.16 35,00' LT O8 51,65.71 35.W LT 44 B 61-63.91 5150' LT O 8 61+90.14 30.00' RT B 61+99.04 1 35.00' RT FED AlD NO. XX=()( GENERAL NOTES: 1. UNLESS OTHERWISE NOTED, ALL DIMLNSIONS ARE IN FEET. 2. SEE ALIGNMENT PLANS FOR ALIGNMENT INFO AL91-ALOR O + LLU N LEI 62 w m m CO) U) U] 2 I Q LEGEND PROPERTY OWNERSHIP ALIGNMENT CENTERLINE — EX4STING ROW BOUNDARY LINE — — — — — — PROPOSED ROW BOUNDARY LINE PROPOSED ROW ACWS$TION AREA TEMPORARY CONSTRUCTION EASEMENT AREA 0 20 40 SCALE IN FEET IS7 U.-By Dole sca 228TH ST SW CORRIDOR IMPROVEMENTS o p = rn Dp tutzllz L3 W08 r _ Do.tyneaay ner� SR 99 MP 44,54 - MP 44.80 1 i Ut] � 33g07 � m 1tna112 1'-20' - O'fnq OLST1`RS'� v,n s1,��l Na, � RS 11112rIE L L Approyed6y P.)' zaomonOnla RIGHT OF WAY FLAN a SECTON ON 30, 0 . 27 N , R, 4 E.9 W.M. IFED AID NO. XXXXXX i KEY (CLAN M w Packet Page 78 of 155 AUTO SALES 27C43000403800 1300 HAN PLAZA IV. LLC #22115 109+00 SECTION 30 BOO HAN PLAZA 110+00 SR 99 (C LINE) 111+00 --- — -- -- -- -- — -- f--------- -------- 105MATTHEW ROBERT OLYMPIC FINANCIAL SALON 1\o CENTER z RIGHT OF WAY POINTS POINT STATION OFFSLr O C 198+63.15 50.00' RT O C 108+03.15 56.00' RT O C 113+2CA2 5C.09 RT ® C 113+68.71 50.00' RT -------------------- 76 STATION 113 E7043000404200 u-sAvE OIL c0_ 022625 TOTAL AREA 13 FROM ASSESSOR'S OWNERSHIPS ALL AREAS ARE SHOWN IN SQUARE RECORDS UNLESS OTHERWISE NOTED, FEET UNLESS OTHERWISE NOTED. PARCEL NO. TAX PARCEL NO. NAME TEMP. CONST. TOTAL AREA ACQUISITION REMAINDER EASMT 106 '.7043000404400 TYROOT, LLC SUN SM. LEG SEE TABLE SHEET RW03 OB' 27043000404160 U-SAVE Olt CO. SEE TABLE sifEEL RWOB i13' 27043000404ZOO U-sAVE OIL CO. SEE TABLE SHEET RWe6 TOTAL AREAFROM RICH I OF WAY PLAN PS PUBLIC STORAGE IST of EOL, P�rt�et 54, °Yd � amnia o11; ScuE 90% REVIEW a z M „r,ti,z O—pn-d5y Rori; 425-252-77001 1-6Q0-615-9s00 CHECK PRINT mar R 3330� c9 nd6y van 1111ut2 ,--� 2707CofbyAvenue, Suite 900 ,S�'�G\� cos ,vtznz Everett, Washington 9820-1 7p o NOT FOR CONSTRUCTION Ff ANAL IL Am—.dsy P ndloN.. ' Rey BY nna GENERAL NOTES: 1. UNLESS OTHERWISE NOTED, ALL DIMENSIONS ARE IN FEET 2. SEE ALIGNMENT PLANS FOR ALIGNMENT INFO AL01-AL08 .00 O � o N 113+00 x U� O Q t— t— _ cn U F Q -. 27043000404100 : �, �� 4 USAVE OIL CO. LEGEND PROPERTY OWNERSHIP xxx ALIGNMENT CENTERLINE — EXISTiNG ROW BOUNDARY LINE -- — PROPOSED ROW BOUNDARY LINE PROPOSED ROW ACQUISITION AREA TEMPORARY CONSTRUCTION EASEMENT AREA I� 0 20 40 SCALE IN FEET 228TH ST SW CORRIDOR IMPROVEMENTS 0' dNo. SR 99 MP 44.54 - MP 44.80 RW05 RIGHT OF WAY PLAN_ _ 7 5 rr>ev n� w rr SEC TUN 29/30, u , 27 N, RP 4 E, W.M TOTAL AREA IS FROM ASSESSOR'S OWNERSHIPS ALL AREAS ARE SHOWN IN SQVARE RECORDS UNLESS OTHERWISE NOTED. FEET UNLESS OTHERWISE NOTED. PARCEL 7AX PARCEL NAME TOTAL AREA AGQUISITION REMAINDER TEMP. CONST. NO. NO. EASMT 110 27043000403200 SHURGUARD STORAGE CENTERS, W , I 105.130t SF I 518 SF 112 27042900307400 FRANKLIN-EDMONDS, LLC 1 380,991t 5F 1,630 SF 19 Per°teet 425-252-7700 1 1-800-615-9900 2707 Colby Avenue, Suite 9UU by —`, gppr, # ��I Everett, Washington98201 No. 6.h Rcvf�Fon Packet Page 79 of 155 RIGHT OF WAY POINTS POINT STATION OFFSET iO A 115+48.81 50.00' LT 20 A 115+48.81 55.00, LT 30 A 115+69.70 50.0v LT 40 A 115+68.58 55.00' LT 501 B 65+15.48 35.00' LT 60 9 65+15.40 30.001LT O C 116,03.40 50.00' RT BO C 115+06.59 50.06' RT O C 115+D0.57 K21' RT io B 62+30.00 45.00' RT 11 B 82+30.00 35.00' RT iA O A Gti bs ('�/� ? Drawn By Dale scniE 90/a REVIEW ®35� z w iin2nz p-ntncdeY Horiz CHECK PRINT s6 R 33807 os 1invlz +� FF EGIs v 4, Chee 6yDS ve,1 NOT FOR CONSTRUCTION �s�NNAL L ApP .ca by '1i�12 Pmkd M.oa:, 201IM10 IFED Al NO, XXXK X GENERA. NOTES: 1. UNLESS OTHERWISE NOTED. ALL DIMENSIONS ARE IN FEET. 2. SEE ALIGNMENT FLANS FOR ALIGNMENT INFO AL01-ALOO PROPERTY OWNERSHIP ALIGNMENT CENTERLINE EXISTING ROW BOUNDARY LINE PROPOSED ROW BOUNDARY LINE PROPOSED ROW ACQUISITION AREA TEMPORARY CONSTRUCTION EASEMENT AREA 0 20 40 SCALE IN FEET 228TH ST SW CORRIDOR IMPROVEMENTS SR 99 MP 44.54 - MP 44.80 RIGHT OF WAY PLAN D—ing M. RW06 shcel N. AM-5926 City Council Committee Meetings Meeting Date: 07/09/2013 Time: 15 Minutes Submitted By: Rob Chave Department: Planning Committee: Parks, Planning, Public Works Type: Information Subject Title Discussion on critical areas 'allowed uses' provisions. Recommendation Provide direction to staff on whether to pursue a code amendment. Information Previous Council Action N/A. The issues identified here have had some discussion during the Shoreline Master Program review. 2. D. Narrative It was noted during the Shoreline Master Program work sessions that there is an inconsistency in the city's critical areas best available science (BAS) report and the terminology used in the code regarding "allowed activities." Recently, two projects have come to light (one city project at City Park, and one private project at a local brew pub) that are directly impacted by the code inconsistency. Staff would like to brief the Committee on the issues and discuss possible approaches to resolving the problem. Exhibit 1: Staff discussion memo Inbox Reviewed By City Clerk Sandy Chase Mayor Dave Earling Finalize for Agenda Sandy Chase Form Started By: Rob Chave Final Approval Date: 07/03/2013 Attachments Form Review Date 07/03/2013 01:42 PM 07/03/2013 01:53 PM 07/03/2013 01:59 PM Started On: 07/03/2013 12:15 PM Packet Page 80 of 155 OF EDA, O� ~� Edmonds City Council Agenda Memo Ib�. tg90 Meeting Date: July 3, 2013 Agenda Subject: Critical Areas `Allowed Uses' Provisions Staff Lead / Kernen Lien Author: Senior Planner Initiated By: ❑ City Council ❑ Planning Board 0 City Staff ❑Citizen Request ❑ Other: Port of Edmonds Allowed Uses within Critical Area Buffers In many instances critical area buffers engulf entire properties and may even extend across properties entirely separated from a stream or wetland. Often property within the critical area buffers has been developed. The City's critical regulations contain provisions for allowed activities within critical areas or their associated buffers. While the Best Available Science report prepared during the CAO update evaluated redevelopment with a developed footprint, the allowed use provisions of the critical area code allows additions to structures but seem to prohibit development within the previously developed footprint. Two proposals have been presented to the City recently that are impacted by strict interpretation of the critical areas allowed uses provisions. Staff wants to highlight this issue for the Council for a possible code amendment. Below is an analysis of the Best Available Science report and the critical areas allowed uses provisions. of Edmond Critical Areas Ordinance The Best Available Science (BAS) reports that were developed during the City's update of the critical area regulations also recognized that historical development exists within the critical area buffers and envisioned redevelopment within critical area buffers. The BAS report noted: The City of Edmonds is largely built -out with approximately 96% of the land previously developed. GMA density goals will be met through redevelopment. Instituting large buffers that would extend into residential yards that were previously developed would offer no additional protection for the resource. To ensure improvement in wetland buffer function over time the new CAO requires buffer enhancement for redevelopment that expands an existing structure footprint into a buffer. The CAO provides flexibility for City staff to work with landowners in developing a scientifically -based enhancement plan for such redevelopment. (pg. 31) A memorandum from the CAO update elaborates on this: City of Edmonds caR City Council Packet Page 81 of 155 The goal of the CAO is to protect public safety and the City's natural resources while providing for increases in urban density under the GMA guidelines. The CAO update reflects the City's particular needs regarding future growth and critical areas. The vast majority of the City (96%) is already developed, thus future growth will be concentrated in redevelopment of existing parcels. In addition, older residential neighborhoods are integrated with streams that have little or no native vegetation buffers. The challenge for the CAO is to provide opportunities to improve conditions along these streams in the long term while allowing reasonable redevelopment. One of the challenges of updating the CAO was to balance projected growth to meet GMA goals and protection of natural resources using BAS in a city that is essentially built -out. Streams are a particular challenge in the city. Some streams flow through steep ravines with good native vegetation cover while many sections of streams flow through residential neighborhoods that have little or no native plant buffers. Streams often flow through areas dominated by lawn and suburban -type landscaping, within several feet of houses, under driveways, and through manipulated channels. Extending 200-foot-wide buffers throughout these areas was not practical and would offer no protection for most of the City, which is already developed. In addition to increase in buffers over the current code, the new CAO establishes a new requirement to provide buffer enhancement for new footprints from redevelopment, even if no native plant buffer currently exists. Given the vast majority of density increases will come from redevelopment this approach ensures incremental increases in wetland and stream habitat quality. While the Best Available Science reports addressed "development" and "redevelopment" within existing buffers, that terminology did not get transferred to the code. ECDC 23.40.220.C.3 — Allowed Activities (General) 3. Permitted Alteration to Structures Existing Within Critical Areas and/or Buffers. Permitted alteration to a legally constructed structure existing within a critical area or buffer that does not increase the footprint of development or increase the impact to the critical area or buffer and there is no increased risk to life or property as a result of the proposed modification or replacement (additions to legally constructed structures existing within a critical area or buffer that do increase the existing footprint of development shall be subject to and permitted in accordance with the development standards of the associated critical area type (see ECDC 23.50.040 and 23.90.040)). This provision shall be interpreted to supplement the provisions of the Edmonds Community Development Code relating to nonconforming structures in order to permit the full reconstruction of a legal nonconforming building within its footprint; ECDC 23.50.020.E — Allowed Activities (Wetlands) E. Permitted alteration to a legally constructed structure existing within a wetland or wetland buffer that does not increase the footprint of development or impervious surfacing or increase the impact to a wetland or wetland buffer. [Ord. 3527 § 2, 2004]. "Development" within the Best Available Science reports got transferred to "structure" within the language of the critical areas regulations. While "development" generally includes impervious surface with the "footprint of development", "structure" is more related to something that is "constructed and erected" on the ground and does not include impervious surface. So while the Best Available Science report envisioned redevelopment within an existing developed footprint as an opportunity for enhancement over current conditions, the current critical area regulations do not clearly reflect this concept. Page 2 of 3 Packet Page 82 of 155 The City is nearly 96% percent developed and a return to a predevelopment condition is unrealistic. Redevelopment of properties provides an opportunity for enhancement of critical area buffers and improving current conditions. As such, the Council may wish to consider an amendment to the critical area regulations allowed uses provisions that provides for some redevelopment with the previously developed footprint in association with enhancement opportunities. Page 3 of 3 Packet Page 83 of 155 AM-5929 City Council Committee Meetings Meeting Date: 07/09/2013 Time: 15 Minutes Submitted By: Carrie Hite Department: Parks and Recreation Review Committee: Parks/Planning/Public Works Tyne: Information Information Subject Title Continued discussion on Park Impact Fees. Recommendation 2. E. Committee Action: Recommend Review by Full Council Previous Council Action Council authorized the completion of a Park Impact Fee Study on March 6, 2012. Council amended their motion to allow staff to proceed with selection of a consultant on March 20, 2012. On April 23, 2013, Council received the final report and presentation from Randy Young, Young, Henderson and Company, and discussed merits of assessing Park Impact fees. On June 1 lth, the Parks and Finance Committees of the Council discussed various options for Park Impact Fees, and directed staff to come to full Council with options. June 25, 2013 - City Council approved Ordinance 3928, authorizing the City to begin collecting park impact fees from applicants seeking approval for any development activity including expansion of existing structures or uses and change of existing uses. Narrative Randy Young from Henderson, Young and Company has been working with staff to complete the Park Impact Fee study. Mr. Young made a presentation of his final report, findings and recommendations on April 23rd, 2013. Council was asked to weigh in on several options in regard to the recommendations via email, and included: 1. Park Impact Fee: yes or no? 2. If yes, residential and commercial, or just residential? 3. Low income housing exemption: yes or no? 4. Keep the rates Randy outlined, raise the rates, or lower the rates? 5. Phase in for 2, 3, or 4 years or implement full rate in first year? Based on the input to these questions, staff was charged to come back to the Council committees if there were varying opinions. The Parks Committee and Finance Committees both discussed options, and directed staff to come back with an ordinance, and ECC language to address Park Impact Fees. There were still varying opinions on the specifics listed above, and Randy Young will be available tonight to address these issues as Council discusses options. For the June 25, 2013 Public Hearing, staff recommended that Council hear a brief presentation by Mr. Young, hold the public hearing, and discuss the merits and options of assessing a Park Impact Fee. It is also recommended that Council adopt a Park Packet Page 84 of 155 Impact Fee at the meeting subject to proposed amendments highlighted in red underlined text. The City Council adopted Ordinance 3928 without proposed amendments. The purpose of placing this item on the July 9, 2013 agenda is to further discuss an issue/question raised prior to and since the adoption of the ordinance, i.e., whether changes of use in existing structures should require a business/property owner to pay a park impact fee. Inbox Reviewed By City Clerk Sandy Chase Mayor Dave Earling Finalize for Agenda Sandy Chase Form Started By: Stephen Clifton Final Approval Date: 07/03/2013 Form Review Date 07/03/2013 02:39 PM 07/03/2013 03:21 PM 07/03/2013 03:56 PM Started On: 07/03/2013 01:49 PM Packet Page 85 of 155 AM-5909 City Council Committee Meetings Meeting Date: 07/09/2013 Time: 5 Minutes Submitted By: Carrie Hite Department: Parks and Recreation Committee: Parks, Planning, Public Works Type: Information Subject Title Interlocal Agreement with Snohomish County regarding City Park Project. Recommendation Authorize the Mayor to sign the Interlocal Agreement with Snohomish County. Previous Council Action Action 2. F. Narrative Snohomish County recently sold bonds to support various projects around Snohomish County. They have awarded $80,000 to support the City Park Spray and Play Revitalization project. This request is for Council to authorize the Mayor to sign the Interlocal Agreement to receive funding for this project. Interlocal Agreement with Snoho Ctv Inbox Reviewed By City Clerk Sandy Chase Mayor Dave Earling Finalize for Agenda Sandy Chase Form Started By: Carrie Hite Final Approval Date: 07/03/2013 Attachments Form Review Date 07/01/2013 09:20 AM 07/02/2013 11:09 AM 07/03/2013 11:27 AM Started On: 06/28/2013 09:03 AM Packet Page 86 of 155 INTERLOCAL AGREEMENT BETWEEN SNOHOMISH COUNTY AND THE CITY OF EDMONDS FOR PARK PROJECT FUNDING This INTERLOCAL AGREEMENT BETWEEN SNOHOMISH COUNTY AND THE CITY OF EDMONDS FOR PARK PROJECT FUNDING (this "Agreement"), is made and entered into this day of , 2013, by and between SNOHOMISH COUNTY, a political subdivision of the State of Washington (the "County"), and the CITY OF EDMONDS, a Washington municipal corporation (the "City"), pursuant to Chapter 39.34 RCW. RECITALS A. The 2007 Comprehensive Parks and Recreation Plan, a component of the Snohomish County Growth Management Act Comprehensive Plan, has documented a County -wide need for a wide variety of recreational facilities; and B. The County Executive and the County Council have determined that it is consistent with the Comprehensive Parks and Recreation Plan and is in the public interest of County residents to participate in joint undertakings with local municipalities to increase recreational opportunities and facility capacity; and C. Pursuant to Ordinance No. 13-018 (the "Bond Ordinance") the County authorized the issuance and sale of its limited tax general obligation bonds (the "Bonds") to provide long-term financing for certain projects, which included "Parks Projects" located in the County; and D. The Bond Ordinance defines "Parks Projects" as those capital projects for the acquisition, development, construction, renovation, improvement, and/or maintenance of public outdoor recreation areas and facilities, public athletic facilities, neighborhood, community and regional parks, backcountry recreational areas, and/or recreational trails and facilities, which are identified by the County Council by motion (as an administrative act) that meet one or more of the following criteria: (i) The project will promote wellness and improve access to recreation; (ii) The project will provide public access to water for recreational enjoyment; (iii) The project will provide a positive impact on economic growth; (iv) The project meets a recognized community need and is supported in existing planning documents; and/or (v) Funding for the project will be matched by local community dollars or volunteer efforts; and E. By Motion 13-137 on April 17, 2013, the County Council approved a list of those Parks Projects to be financed with proceeds of the Bonds, which included a project providing matching funds up to the amount of Eighty Thousand and no/100 Dollars ($80.000.00) (the "Matching Funds") to the City for the Edmonds City Park project; and F. Pursuant to this Agreement and Chapter 39.34 RCW, the City wishes to accept the above -described matching funds from the County; and INTERLOCAL AGREEMENT BETWEEN SNOHOMISH COUNTY AND THE CITY OF EDMONDS FOR PARK PROJECT FUNDING 1 of 9 Packet Page 87 of 155 AGREEMENT NOW, THEREFORE, in consideration of the respective agreements set forth below and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the County and the City agree as follows: 1. Purpose of Agreement. This Agreement is authorized by and entered into pursuant to Chapter 39.34 RCW. The purpose and intent of this Agreement is to define the responsibilities of the County and the City as they relate to the County's provision of matching funds to the City for ADA and playground renovations (the "Project") located at Edmonds City Park, 600 3rd Avenue South, Edmonds, WA (the "Park Property"). Site enhancements include a splash area. 2. Effective Date and Duration. This Agreement shall not take effect unless and until it has been duly executed by both parties and either filed with the County Auditor or posted on the County's Interlocal Agreements website. This Agreement shall remain in effect through April 24, 2016, unless earlier terminated pursuant to the provisions of Section 12 below, PROVIDED HOWEVER, that each party's obligations after December 31, 2013, are contingent upon local legislative appropriation of necessary funds for this specific purpose in accordance with applicable law. 3. Administrators. Each party to this Agreement shall designate an individual (an "Administrator"), who may be designated by title or position, to oversee and administer such party's participation in this Agreement. The parties' initial Administrators shall be the following individuals: County's Initial Administrator: Tom Teigen, Director Snohomish County Parks and Recreation Department 6705 Puget Park Drive Snohomish, Washington 98296 (425) 388-6617 phone (425) 388-6645 facsimile Tom.Teigen@snoco.org City's Initial Administrator: Carrie Hite, Director City of Edmonds Recreation and Cultural Services 700 Main Street Edmonds, WA 98020 (425) 771-0230 phone carrie.hite@edmondswa.gov Either party may change its Administrator at any time by delivering written notice of such party's new Administrator to the other party. INTERLOCAL AGREEMENT BETWEEN SNOHOMISH COUNTY AND THE CITY OF EDMONDS FOR PARK PROJECT FUNDING 2 of 9 Packet Page 88 of 155 4. Project Performance. 4.1 Certification of Real Property Interest. The City certifies to the County that the City owns the real property or easements upon which the Project shall be executed and additional real property or easements are not needed to complete the Project. 4.2 City's Financial Commitment. The City certifies to the County that the City has monies sufficient to match any funding provided by the County to the City under the terms of this Agreement and will have sufficient monies to complete the Project by the Project deadline identified in Section 4.3 below (the "City's Financial Commitment"). 4.3 Project Deadline. On or before August 31, 2015, the City shall complete the Project. In executing the Project, the City shall obtain and, upon request, provide the County with copies of all permits necessary to complete the Project. 4.4 Recognition of County as Financial Sponsor. The City shall recognize the County as a financial sponsor of the Project as follows: 4.4.1 Upon completion of the Project or dedication of the Park Property, whichever comes first, the City shall install at the Park Property a plaque in a form approved by the County that indicates that the County is a financial sponsor of the Project; 4.4.2 The City shall invite the County to all events promoting the Project or Park Property and recognize the County at all such events as a financial sponsor of the Project; 4.4.3 The City shall recognize the County as a financial sponsor in all brochures, banners, posters, and other promotional material related to the Project. 4.5 Project Maintenance. The City shall be responsible for on -going capital improvements to, and maintenance of, the Project and Park Property. The County makes no commitment to support the Project or Park Property beyond what is provided for in this Agreement and assumes no obligation for future support of the Project or Park Property except as expressly set forth in this Agreement. 4.6 Availability to County Residents. The City shall make the Park Property available to all County residents on the same terms as to residents of the City. 5. Invoicing and Payment. 5.1 Invoicing. Prior to December 31, 2015, the City shall submit to the County an invoice requesting disbursement of the Matching Funds for the Project. The invoice shall provide line item detail for materials, labor and overhead and include any INTERLOCAL AGREEMENT BETWEEN SNOHOMISH COUNTY AND THE CITY OF EDMONDS FOR PARK PROJECT FUNDING 3 of 9 Packet Page 89 of 155 documentation requested by the County, including but not limited to documentation as to what amounts have been spent by the City on the Project. 5.2 Payment. Unless the County delivers to the City written notice disputing the amount of a particular line item, within twenty (20) working days of receipt from the City of a invoice properly submitted to the County pursuant to Section 5.1, the County shall remit to the City an amount not to exceed Eighty Thousand and no/100 Dollars ($80,000.00). 5.3 No Overpayments. In the event that the Project is completed for less than the combined total of the Matching Funds and the City's Financial Commitment, the County shall remit to the City an amount of Matching Funds equal to the difference between the City's Financial Commitment and the total cost of the Project. In no case shall the City retain Matching Funds which it does not utilize in the Project or that it utilizes in the Project without first exhausting the City's Financial Commitment. Should an overpayment occur, the County shall give written notice to the City of the overpayment, and within thirty (30) days of the notice of overpayment the City shall return to the County the overpaid Matching Funds plus interest at the rate of twelve percent (12%) per annum beginning thirty (30) days from the date of the notice of overpayment. 5.4 Accounting. The City shall maintain a system of accounting and internal controls which complies with generally accepted accounting principles and governmental accounting and financial reporting standards in accordance with Chapter 40.14 RCW. 5.5 Recordkeeping_. The City shall maintain adequate records to support billings. The records shall be maintained by the City for a period of five (5) years after completion of this Agreement. The County, or any of its duly authorized representatives, shall have access to books, documents, or papers and records of the City relating to this Agreement for purposes of inspection, audit, or the making of excerpts or transcripts. 6. Independent Contractor. The City will perform all work associated with the Project as an independent contractor and not as an agent, employee, or servant of the County. The City shall be solely responsible for control, supervision, direction and discipline of its personnel, who shall be employees and agents of the City and not the County. The County shall only have the right to ensure performance. 7. Indemnification/Hold Harmless. The City shall assume the risk of, be liable for, and pay all damage, loss, costs and expense of any party arising out of the activities under this Agreement and all use of any improvements it may place on the Property. The City shall hold harmless, indemnify and defend the County, its officers, elected and appointed officials, employees and agents from and against all claims, losses, lawsuits, actions, counsel fees, litigation costs, expenses, damages, judgments, or decrees by reason of damage to any property or business and/or any death, injury or disability to or of any person or party, including but INTERLOCAL AGREEMENT BETWEEN SNOHOMISH COUNTY AND THE CITY OF EDMONDS FOR PARK PROJECT FUNDING 4 of 9 Packet Page 90 of 155 not limited to any employee, arising out of or suffered, directly or indirectly, by reason of or in connection with the acquisition or use of the Park Property and this Agreement; PROVIDED, that the above indemnification does not apply to those damages solely caused by the negligence or willful misconduct of the County, its elected and appointed officials, officers, employees or agents. 8. Liability Related to City Ordinances, Policies, Rules and Regulations. In executing this Agreement, the County does not assume liability or responsibility for or in any way release the City from any liability or responsibility which arises in whole or in part from the existence or effect of City ordinances, policies, rules or regulations. If any cause, claim, suit, action or administrative proceeding is commenced in which the enforceability and/or validity of any such City ordinance, policy, rule or regulation is at issue, the City shall defend the same at its sole expense and, if judgment is entered or damages are awarded against the City, the County, or both, the City shall satisfy the same, including all chargeable costs and reasonable attorney's fees. 9. Insurance. The City shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons or damages to property which may arise from, or in connection with exercise of the rights and privileges granted by this Agreement, by the City, his agents, representatives, employees/subcontractors. The cost of such insurance shall be paid by the City. 9.1 Minimum Scope and Limits of Insurance. General Liability: Insurance Services Office Form No. CG 00 01 Ed. 11-88, covering COMMERCIAL GENERAL LIABILITY with limits no less than $1,000,000 combined single limit per occurrence for bodily injury, personal injury, and property damage. 9.2 Other Insurance Provisions. Coverage shall be written on an "Occurrence" form. The insurance policies required in this Agreement are to contain or be endorsed to contain the County, its officers, officials, employees, and agents as additional insureds as respects liability arising out of activities performed by or on behalf of the City in connection with this Agreement. 9.3 Verification of Coverage. The City shall furnish the County with certificate(s) of insurance and endorsement(s) required by this Agreement. 10. Compliance with Laws. In the performance of its obligations under this Agreement, each party shall comply with all applicable federal, state, and local laws, rules and regulations. INTERLOCAL AGREEMENT BETWEEN SNOHOMISH COUNTY AND THE CITY OF EDMONDS FOR PARK PROJECT FUNDING 5 of 9 Packet Page 91 of 155 11. Default and Remedies. 11.1 Default. If either the County or the City fails to perform any act or obligation required to be performed by it hereunder, the other party shall deliver written notice of such failure to the non -performing party. The non -performing party shall have twenty (20) days after its receipt of such notice in which to correct its failure to perform the act or obligation at issue, after which time it shall be in default ("Default") under this Agreement; provided, however, that if the non-performance is of a type that could not reasonably be cured within said twenty (20) day period, then the non -performing party shall not be in Default if it commences cure within said twenty (20) day period and thereafter diligently pursues cure to completion. 11.2 Remedies. In the event of a party's Default under this Agreement, then after giving notice and an opportunity to cure pursuant to Section 11.1 above, the non - Defaulting party shall have the right to exercise any or all rights and remedies available to it in law or equity. 12. Early Termination. 12.1 30 Days' Notice. Except as provided in Sections 12.2 and 12.3 below, either party may terminate this Agreement at any time, with or without cause, upon not less than thirty (30) days advance written notice to the other party. The termination notice shall specify the date on which the Agreement shall terminate. 12.2 Lack of Funding. This Agreement is contingent upon governmental funding and local legislative appropriations. In the event that funding from any source is withdrawn, reduced, limited, or not appropriated after the effective date of this Agreement, this Agreement may be terminated by either party immediately by delivering written notice to the other party. The termination notice shall specify the date on which the Agreement shall terminate. 12.3 Termination for Breach. In the event that the City fails to complete the Project by August 31, 2015, commits a Default as described in Section 11, or otherwise fails to appropriate the funds necessary to complete the Project, the County may terminate this Agreement immediately by delivering written notice to the City. Within thirty (30) days of such early termination, the City shall return to the County all Matching Funds previously disbursed from the County to the City for the Project plus interest at the rate of twelve percent (12%) per annum beginning thirty (30) days from the date of early termination. 13. Dispute Resolution. In the event differences between the parties should arise over the terms and conditions or the performance of this Agreement, the parties shall use their best efforts to resolve those differences on an informal basis. If those differences cannot be resolved INTERLOCAL AGREEMENT BETWEEN SNOHOMISH COUNTY AND THE CITY OF EDMONDS FOR PARK PROJECT FUNDING 6 of 9 Packet Page 92 of 155 informally, the matter may be referred for mediation to a mediator mutually selected by the parties. If mediation is not successful or if a party waives mediation, either of the parties may institute legal action for specific performance of this Agreement or for damages. The prevailing party in any legal action shall be entitled to a reasonable attorneys' fee and court costs. 14. Notices. All notices required to be given by any party to the other party under this Agreement shall be in writing and shall be delivered either in person, by United States mail, or by electronic mail (email) to the applicable Administrator or the Administrator's designee. Notice delivered in person shall be deemed given when accepted by the recipient. Notice by United States mail shall be deemed given as of the date the same is deposited in the United States mail, postage prepaid, and addressed to the Administrator, or their designee, at the addresses set forth in Section 3 of this Agreement. Notice delivered by email shall be deemed given as of the date and time received by the recipient. 15. Miscellaneous. 15.1 Entire Agreement; Amendment. This Agreement constitutes the entire agreement between the parties regarding the subject matter hereof, and supersedes any and all prior oral or written agreements between the parties regarding the subject matter contained herein. This Agreement may not be modified or amended in any manner except by a written document executed with the same formalities as required for this Agreement and signed by the party against whom such modification is sought to be enforced. 15.2 Conflicts between Attachments and Text. Should any conflicts exist between any attached exhibit or schedule and the text or main body of this Agreement, the text or main body of this Agreement shall prevail. 15.3 Governing Law and Venue. This Agreement shall be governed by and enforced in accordance with the laws of the State of Washington. The venue of any action arising out of this Agreement shall be in the Superior Court of the State of Washington, in and for Snohomish County. In the event that a lawsuit is instituted to enforce any provision of this Agreement, the prevailing party shall be entitled to recover all costs of such a lawsuit, including reasonable attorney's fees. 15.4 Interpretation. This Agreement and each of the terms and provisions of it are deemed to have been explicitly negotiated by the parties, and the language in all parts of this Agreement shall, in all cases, be construed according to its fair meaning and not strictly for or against either of the parties hereto. The captions and headings in this Agreement are used only for convenience and are not intended to affect the interpretation of the provisions of this Agreement. This Agreement shall be construed so that wherever applicable the use of the singular number shall include the plural number, and vice versa, and the use of any gender shall be applicable to all genders. INTERLOCAL AGREEMENT BETWEEN SNOHOMISH COUNTY AND THE CITY OF EDMONDS FOR PARK PROJECT FUNDING 7 of 9 Packet Page 93 of 155 15.5 Severability. If any provision of this Agreement or the application thereof to any person or circumstance shall, for any reason and to any extent, be found invalid or unenforceable, the remainder of this Agreement and the application of that provision to other persons or circumstances shall not be affected thereby, but shall instead continue in full force and effect, to the extent permitted by law. 15.6 No Waiver. A party's forbearance or delay in exercising any right or remedy with respect to a Default by the other party under this Agreement shall not constitute a waiver of the Default at issue. Nor shall a waiver by either party of any particular Default constitute a waiver of any other Default or any similar future Default. 15.7 No Assignment. This Agreement shall not be assigned, either in whole or in part, by either party without the express written consent of the other party, which may be granted or withheld in such party's sole discretion. Any attempt to assign this Agreement in violation of the preceding sentence shall be null and void and shall constitute a Default under this Agreement. 15.8 Warranty of Authority. Each of the signatories hereto warrants and represents that he or she is competent and authorized to enter into this Agreement on behalf of the party for whom he or she purports to sign this Agreement. 15.9 No Joint Venture. Nothing contained in this Agreement shall be construed as creating any type or manner of partnership, joint venture or other joint enterprise between the parties. 15.10 No Separate Entity Necessary The parties agree that no separate legal or administrative entities are necessary to carry out this Agreement. 15.11 Ownership of Property. Except as expressly provided to the contrary in this Agreement, any real or personal property used or acquired by either party in connection with its performance under this Agreement will remain the sole property of such party, and the other party shall have no interest therein. 15.12 No Third Party Beneficiaries. This Agreement and each and every provision hereof is for the sole benefit of the City and the County. No other persons or parties shall be deemed to have any rights in, under or to this Agreement. 15.13 Execution in Counterparts. This Agreement may be executed in two or more counterparts, each of which shall constitute an original and all of which shall constitute one and the same agreement. [The remainder of this page is intentionally left blank.] INTERLOCAL AGREEMENT BETWEEN SNOHOMISH COUNTY AND THE CITY OF EDMONDS FOR PARK PROJECT FUNDING 8 of 9 Packet Page 94 of 155 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written. COUNTY: CITY: Snohomish County, a political subdivision City of Edmonds, a Washington of the State of Washington municipal corporation Name: John Lovick Title: County Executive Approved as to Form: Deputy Prosecuting Attorney Name: Title: Approved as to Form: City Attorney [The remainder of this page is intentionally left blank.] INTERLOCAL AGREEMENT BETWEEN SNOHOMISH COUNTY AND THE CITY OF EDMONDS FOR PARK PROJECT FUNDING 9 of 9 Packet Page 95 of 155 AM-5914 City Council Committee Meetings Meeting Date: 07/09/2013 Time: 10 Minutes Submitted For: Council President Petso Department: City Council Committee: Public Safety, Personnel Subject Title Discussion: Edmonds City Code Chapter 2 Revisions. Submitted By: Jana Spellman Tyne: Information Information 3. A. Recommendation Review the latest draft revisions to certain chapter 2.10 ECC, deliberate, and give additional direction to the City Attorney. Previous Council Action In 2012, during the confirmation of Rob Chave as acting Development Services Director, it became clear that chapter 2.10 ECC did not adequately address the confirmation of acting directors and whether the City Council sought to confirm such acting appointments. On March 6, 2012, the City Council requested that an amendment to chapter 2.10 ECC be sent to committee for review and discussion. The City Council did not give clear direction about the amendments it wanted to see in chapter 2.10 ECC. On March 13, 2012, the Planning, Parks and Public Works committee considered proposed revisions to chapter 2.10 ECC. The committee requested that the scope of the code update be extended beyond chapter 2.10 ECC. Additional revisions to a large portion of Title 2 were brought to the committee for review during the April and May 2012 committee meetings. The City Attorney is recommending that the revisions to Title 2 be considered in smaller chunks, perhaps one chapter at a time. Hence, only revisions to chapter 2.10 ECC has been included in the council packet. June 25, 2013 Council Meeting: The Council President pulled this item from the Agenda and referred it back to the July 9, 2013 Public Safety/Personnel Committee. Narrative The attached revisions to chapter 2.10 ECC are intended as a guide to discussion of possible revisions to this chapter. One issue addressed in these revisions is the one that was initially in mind when the City Council referred this matter to committee: the acting director issue. The attached revisions represent one possible approach to the confirmation of acting directors, but the City Council has the authority to require confirmation even of acting directors if it chooses to do so. ECC Chapter 2.10 Revisions Inbox City Clerk Mayor Finalize for Agenda Form Started By: Jana Spellman Final Approval Date: 07/03/2013 Attachments Form Review Reviewed By Date Sandy Chase 07/03/2013 10:22 AM Dave Earling 07/03/2013 01:54 PM Sandy Chase 07/03/2013 01:59 PM Started On: 07/01/2013 09:00 AM Packet Page 96 of 155 2.10.010 Chapter 2.10 CONFIRMATION AND DUTIES OF CITY OFFICERS Sections: 2.10.010 Confirmation process. 2.10.020 Assignment of duties. 2.10.030 Police chief. 2.10.040 Repealed. 2.10.050 References to director of community development. 2.10.060 Executive council assistant. Xae5 10 2.10.070 Mayor's executive assistant. 2.10.010 Confirmation process. A. Whenever a vacancy occurs in one of the positions listed in this section, the city council w447Day review the specifications of that position and revise it as needed before the vaeaney is acting to confirm a permanent appointment. Nothing in this subsection shall be construed to prevent the city council from reviewingsuch uch specifications at other times, but doing so will not have any effect on previously confirmed permanent appointments. B. The mayor or his/her designee will review all applications and determine the persons with the highest qualifications. Any city council member, upon request to the mayor, may review the applications received for the vacant position. C. The mayor shall appoint, subject to city council confirmation, the positions of judge shearing examiner. The hearing examiner may be removed from his/her position for cause, as determined by the mayor. The judge may be removed fr-ofn his/her- offie . D. The mayor shall appoint, subject to council confirmation, the department director positions. The city shall have the following department director positions: of -police chief, ire—ehief,—community services and economic development director, .,,a,Rifl s*,..,tive sey-vicesfinance director, development services director, parks, recreation, and cultural services director, and public works director, and human dir-eeto The city council shall interview the top three candidates for each position prior to the mayor's final selection, PROVIDED that the city council may waive the three -interview requirement by motion and may opt to interview as few as one candidate for any vacant position. The mayor's appointments to all other employee positions shall not be subject to city council confirmation.��279--� , '�° % E. Notwithstanding the provisions of this chapter, the mayor shall have the authority to qppoint, without city council confirmation, an acting director to any of the positions set forth in subsection D, above, PROVIDED that any such acting directorship shall expire and be deemed vacant six months after the date of the appointment. The city council shall be ,given written notice about any such acting appointments including the effective date of the appointment. If the mayor finds it necessary to reappoint an acting director after the first six month appointment has expired, any subsequent appointment shall be subject to city council (Revised ) 2- Packet Page 97 of 155 confirmation. Acting directors shall be compensation pursuant to applicable ordinances and personnel policies regarding acting pU. 2.10.020 Assignment of duties. The city council shall define the functions, powers and duties of the city's directors and employees.The mayor shall direct, supervise, and be in charge of all directors and employees in the performance of their functions, powers, and duties. Ddepartment directors shall be responsible for carrying out all directives as assigned by the mayor, including, but not limited to, planning and directing the activities and staff in their respective assigned departments, supervising and evaluating the work processes and assigned staff, controlling the financial integrity of the assigned -departmental budget, and insuring the delivery of quality public services. All department directors shall serve at the pleasure of the mayor. [Or-d. 3279 § 1, i�r 2.10.030 Police chief. Pursuant to the authority of RCW 41.12.050(2), the position of police chief has been removed exempted from civil service. The policechZef shall be appointed by mayor- 2.10.040 Fire chief-. Repealed by 04 3762. . _ reserved 2.10.050 References to director of community development. Wherever references are made in the Edmonds City Code, the Edmonds Community Development Code or any ordinance of the city to the dir-eeter- of community development director, said reference shall hereafter be construed to mean the development services ao�_director or his/her designee. rn�279-§ 'TT°O°TWherever references are made in the Edmonds City Code, the Edmonds Community Development Code, or any ordinance of the city to the administrative services director, said reference shall hereafter be construed to mean the finance director or his/her designee. 2.10.060 Executive council assistant to council. The executive eouneil assistant to council shall be a contract employee hired on an annual basis by the city council. The terms and conditions of employment for the executive eexneil assistant to council as well as all benefits shall be governed by the provisions of the contract. Depending on the exnerience level of the particular Berson servina in this role. the prefix of "senior" may be added to the title. The contract shall provide for the delegation by the mayor of the direction of this individual to the city council president. In the event that the mayor elects in his or her discretion not to delegate that function, the ciycouncil reserves the right to immediately eliminate the position. rnr.z79 § 1 19991. Packet Page 98 of 155 2.10.070 2.10.070 Mayor's executive assistant. The position of mayor's executive assistant shall be an at -will position with the executive assistant serving at the pleasure of the mayor. the annual sa4ar-y or-dinanee. The terms and conditions of employment as well as job duties being set forth in a job description developed by the mayor with the concurrence of the city council. [Or-d. 3279 § 1 1999]. (Revised ) 2- Packet Page 99 of 155 AM-5924 3. B. City Council Committee Meetings Meeting Date: 07/09/2013 Time: 10 Minutes Submitted By: Doug Fair Department: Municipal Court Committee: Public Safety, Personnel Type: Action Information Subject Title Reinstating clerk position Recommendation Reinstate clerk position to full time. Previous Council Action Narrative In 2012, before the hiring freeze was instituted, my staffing level was five clerks: four clerks were permanent employees and one was a probationary employee. Unfortunately the probationary employee did not make it through the probation period successfully. By the time it was determined that she would not be retained; the hiring freeze had been instituted. We were able to keep a part-time position in lieu of filling the full-time probationary position. Luckily, during this time our filings were significantly below our averages. Our filings had averaged between 7700 and 7900 per year for the years 2008-2011, inclusive. In 2012 the filings dropped to 6325. As you may recall, that drop in filings was as a result of a number of injured officers in the traffic division of the police department. Since early in 2013, the traffic division has been at full strength. Predictably, our filings have increased. We are now again on pace to reach our historical averages. Through the end of April we have had 2,560 filings. This extrapolates to approximately 7700 filings for the year. We have been using volunteer interns to help us meet the growing number of filings. However, they are not a substitute for a dedicated employee. We have observed the staff working on their lunches and breaks. We have reminded them that this is against our policies but they have indicated that they are unable to meet their workload unless they perform extra work. While I am impressed with their phenomenal work ethic, we should not be placing any staff member in this type of untenable position. I am requesting approval to return my staffing level to the pre -hiring freeze level. The cost of this decision, including benefits, is about $25,000-$30,000 on an annual basis. Currently there is money available in the Mayor's non -departmental budget to cover this expense. Both the Mayor and HR approve of this decision. Fiscal Year: 2013 Fiscal Impact Revenue: Expenditure: $15,000 Fiscal Impact• The above figure is for the balance of 2013. Thereafter it will have an impact of $25,000430,000 per year. Inbox Reviewed By City Clerk Sandy Chase Mayor Dave Earling Finalize for Agenda Sandy Chase Form Started By: Doug Fair Form Review Date 07/03/2013 11:26 AM 07/03/2013 11:33 AM 07/03/2013 12:02 PM Started On: 07/03/2013 10:58 AM Packet Page 100 of 155 Final Approval Date: 07/03/2013 Packet Page 101 of 155 AM-5911 City Council Committee Meetings Meeting Date: 07/09/2013 Time: 10 Minutes Submitted By: Carrie Hite Department: Parks and Recreation Committee: Public Safety, Personnel Type: Information Subject Title L & I Claims Management Recommendation Council review packet, discuss any concerns with staff. Previous Council Action Narrative Please see memo in packet. Attachments L & I Claims Mana eg ment Form Review Inbox Reviewed By City Clerk Sandy Chase Mayor Dave Earling Finalize for Agenda Sandy Chase Form Started By: Carrie Hite Final Approval Date: 07/03/2013 Information Date 07/01/2013 09:20 AM 07/02/2013 11:10 AM 07/03/2013 11:27 AM Started On: 06/28/2013 09:33 AM 3. C. Packet Page 102 of 155 To: City Council From: Carrie Hite, Reporting Director for HR Mary Ann Hardie, HR Manager Date: June 28, 2013 Re: L & I Claims Management Background: The HR department has been reviewing the City's worker's compensation (L & 1) program as a continued part of risk management from a safety (safe work practices &injury claims prevention) and a loss control (minimization of cost) perspective. As part of this process, the HR department has been looking at the internal and external claims management process options. The HR department has also been working on compiling the comprehensive City's Accident Prevention Plan (APP) in coordination with the City's Safety & Wellness Committee. This plan, which focuses on safety and accident prevention, will be an important component of the worker's compensation program. It is estimated that a rough draft of this plan will be completed by the end of the year and a final draft issued in early 2014. Overview The City is state insured and currently has approximately 194 full time employees as well as 75 other worker's compensation coverage eligible positions such as: elected officials, part time, seasonal/temporary employees and volunteers. The City pays L & I premiums based on our experience modification factor which is determined by the number of claims and the costs (L & I has paid out) associated with those claims. Our current experience modification factor is 1.40. Last year ( 2012) the City's L & I premium was $402,000. Historically, from 2004 — 2009, prior to the 55 Fire Department employees transferring to FD 1 on 1/1/10, the City averaged a total of 33 L & I recordable claims per year with a total average cost of $372,517 per year. For the last three years (2010 — 2012), the City has averaged around 22 claims per year for a total average claims cost (not including L & I premiums) of $243,090.70 per year. As the claims are higher, so is the premium cost to L & I. While there has been a reduction in the number of claims and the costs associated with the claims through less claims filed, close internal claims management of open claims, and a reduction of staffing levels (with the transfer of the Fire Department employees), the City still faces continued premium increases based on our experience modification factor and the potential risk of costly L & I claims. This is especially evident in those departments where there is an inherently greater exposure to workplace hazards (public safety, public works and parks and recreation). These L & I claims are not only unpleasant for the employee and can have lasting effects, but they also impact productivity and can be difficult for morale. For example, in 2007, one work related back injury claim in one department alone cost a total of $207,429.03 (this claimant is no longer employed at the City). Additionally, the city has an aging workforce, with an average age of 48, and the types of injury claims that occur over a period of time are increasing (such as repetitive injuries, musculoskeletal disorders and occupational work diseases). These types of claims and the normal strains, sprains and tears at an older age may make for a longer recovery period as well. From 2004 — 2009, the City had a total of 8 occupational work disease claims (which occurred over a period of time); from 2010-2012, the City had a total of 5 occupational work disease claims. Additionally, while there has been a lowering of the number of claims, there has been a steady average in the total days of lost time (time loss) from work and light Packet Page 103 of 155 duty worked due recovery periods from the injuries. From 2004 — 2009, the City averaged 545 days of time loss and 49.5 days of light duty worked; from 2010-2012, the City averaged 628 days of time loss and 83 days of light duty worked. The HR department has researched the various options to manage claims better, thus lowering the cost of the City's premiums, increasing workplace safety, and staff morale. Following are the options, and a staff recommendation about next steps. Options: 1. Continue as is, relying on State program. Historically, from 2004 — 2009, prior to the 55 Fire Department employees transferring to FD 1 on 1/1/10, the City averaged a total of 33 L & I recordable claims per year with a total average cost of $372,517 per year. For the last three years (2010 — 2012), the City has averaged around 22 claims per year for a total average claims cost (not including L & I premiums) of $243,090.70 per year. Our current premium cost is approximately $400,000 per year. 2. Rejoin AWC retro group In 2004, the City joined the Association of Washington Cities' (AWC) retro group program which coordinates with the City's worker's compensation program (this is the only retro program the City can participate in) to improve our L & I premium costs and manage our claims costs. The retro group provides claims management assistance for service (often membership) fees as well as providing accident prevention training and a potential for a refund of the L & I premium paid. The AWC retro group is comprised of a number of other AWC cities and counties, with all claims being "pooled" together. These types of retro groups may offer a better refund potential because they have a larger premium total and the risk is spread out with the pooling of entities. Conversely, however, if the City has a bad claim year and/or others in the retro group have bad claim years, there is a certain amount of risk for ending up with an assessment (paying more premiums). In 2005, the City received an assessment from AWC for 2004 premiums for $52,525. The City discontinued participating in the AWC retro group after that year. In reviewing whether or not rejoining the AWC retro pool may be of a benefit to the City, the refund/assessment information (available) for 2005 — 2011 for the AWC retro group was reviewed. It appears that AWC's retro refund has declined during this period from 13% in 2005 to 2% in 2011. Also, new L & I standards for retro groups recently enacted will likely make it far more challenging for retro group participants to meet goals and see continued refunds of premiums. 3. Hire a third party to manage claims. Our LEOFF 1 medical insurance and our Standard Life Insurance program broker, Alliant put us in touch with a third party worker's compensation claims administrator, Penser North America, Inc. ("Penser") to analyze our claims data history and to provide information on what services they could provide to the City to achieve possible cost savings with our worker's compensation program. Penser is a very well- known claim administration/risk management/consulting company that has been in the self- insurance/state-insurance claims administration, group retro program, loss control, education/training, property & casualty and unemployment insurance services for over 40 years. They have been successful in achieving good costs savings and claims management through their third party administration services for worker's compensation programs for many other public and private sector organizations. Penser comes well -recommended for their worker's compensation claims administration services from: Pierce County, Benton County, Lewis County, City of Puyallup and the City of Redmond. Packet Page 104 of 155 Based upon Penser's analysis of the City's claims history, Penser's goal would be to drop our hourly rates by approximately 47%, which could, over the course of the next three years, have potential savings of $140,000 annually as follows: • 2013- 2015 —The City's currently experience modification factor is currently 1.40. Penser estimates a reduction of the experience modification factor to a 1.00 using their services (this would likely be a two-step drop, and will be helped if the Penser and the City can begin working the claims immediately). By reducing the modification factor to a 1.00 this would lower the City's L & I premium to about $289,000. This would save the City approximately $114,749 per year in premium to the State. 2016 — An estimated additional decrease of .10 in the experience modification factor to .90. This would save the city around another $29,000. • Going forward, it is anticipated that Penser would be working to maintain the City's experience modification factor at around .90 or lower giving the city at least an annual reduction/ savings in premium dollars of around $143,749. This is a savings that would occur each year. Unlike the retro group, Penser would be the initial point of contact for injured employees with worker's compensation claims. With some of the more challenging claims, this serves as an added benefit for the City in that Penser handles the direct interactions with the employee on the claim. Penser also provides training to managers and supervisors on proper accident investigations, safety analysis of work locations, direct claims management assistance with employees and will interface directly with the City to quickly open and close L & I claims and to assist employees in early return to work (to help lower the actual claims costs). Penser has a vocational rehabilitation counselor service provider (Bock Consulting) that they contract with that has the expertise to work with the challenging claims and the longer Penser's cost for services is 3% of the City's L & I premiums paid to L & I, billed each quarter at the end of the quarter. At the City's current size, the fee would be approximately $3,000 per quarter (with a one-time set up fee of $750). As the City's premiums go down, this rate would decrease as well. This first year, the total annual payment for service to Penser would be approximately $12,000, with significant potential savings in the City's L & I premiums. Next Steps In consultation with the Mayor and review by the Finance Director, the administration would like to proceed with Option 3, hiring a third party claims management group. This is in the budgetary and contractual authority of the Mayor. This discussion with Council is to query any concerns in proceeding forward. Packet Page 105 of 155 AM-5915 City Council Committee Meetings Meeting Date: 07/09/2013 Time: 30 Minutes Submitted For: Councilmember Bloom Department: City Council Committee: Public Safety, Personnel Subject Title Discussion regarding Code of Ethics. Recommendation Submitted By. Jana Spellman Tyne: Information Information 3. D. Previous Council Action At the 2012 Council retreat, Council made this subject a priority for 2012 (Attachment 1: 2012 Retreat Minutes). This agenda items was discussed during the Public Safety and Personnel Committee on April 10, 2012 (Attachment 2: 4-10-12 Minutes). This item was discussed at the 2013 Council Retreat (Attachment 5: February 2, 2013 Council Minutes). This agenda item was discussed during the March 12, 2013 Public Safety and Personnel Committee (Attachment 7: March 12, 2013 PS/P Committee Minutes.) April 9, 2013 PS/P Committee: The Committee took the following action: E. Code of Ethics The Bainbridge Island Code of Ethics will be used as the framework for our policy. Councilmember Peterson will email passages from other code of ethics that he thinks should be considered for inclusion. The City Attorney will be asked to draft a policy for Council review. Council will also discuss forming an Ethics Board Narrative The City Attorney has recommended that the Personal and Public Safety Committee bring our choice of ethics policy or policies to work from, any additions, excerpts from other policies, and a list of talking points, to a Council work session. The Committee will outline the framework for the Council work session discussion. In addition we will discuss process for dismissal of board/commission members. Discussing both issues at committee will allow us to clarify the overlapping and separate issues involved, and identify what could be included in an ethics policy for elected and appointed government officials We will be reviewing code of ethics from the following cities found at: Lynnwood: Attachment 6 Kirkland: Attachment 8 Bainbridge Island Ethics Board: htW://www.ci.bainbridge-ist.wa.us/ethics board.aspx Bellevue: Packet Page 106 of 155 htW://www.bellevuewa.izov/Ordinances/Ord-6110.12d Attachments Attach 1 Feb -03-12 A1212roved_City Council_ Retreat Minutes Attach 2 Al2ril-10-12 Public Safety. Personnel Committee Attach 3 - Exerpt from 2012 FINAL Edmonds Personnel Policies Attach 4 - Ord 3689 Conflict of Interest Attach 5: Draft Feb 2 2013 Council Retreat Minutes Attach 6 -City of Lynnwood Code of Ethics Atttach 7 - 3-12-13 PS/P Committee Minutes Attach 8: Kirkland Code of Ethics Inbox Reviewed By City Clerk Sandy Chase Mayor Dave Earling Finalize for Agenda Sandy Chase Form Started By: Jana Spellman Final Approval Date: 07/03/2013 Form Review Date 07/03/2013 10:22 AM 07/03/2013 11:36 AM 07/03/2013 12:02 PM Started On: 07/01/2013 09:20 AM Packet Page 107 of 155 before the Council is first a committee meeting or work session. Issues that have a financial impact will be discussed at a work session rather than just by the Finance Committee. It was the consensus of the Council to change the name of the Community Services/Development Services Committee to the Public Works, Parks and Planning Committees. • Mission Statements Committees will determine whether to develop a mission statement. Councilmembers Buckshnis and Yamamoto will develop a mission statement for the Finance Committee. • Clarify the Public Safety/Human Resources Committee It was the consensus of the Council to change the name of the Public Safety/Human Resources to Committee to the Public Safety and Personnel Committee. • Community Outreach, Tree Board Council President Peterson explained there has been a proposal to restart the Community Outreach Committee. Councilmember Plunkett recalled the Community Outreach Committee was discontinued after 3 years; no new methods of communicating were identified. Mayor Earling commented on the potential for an electronic newsletter. Discussion followed regarding whether to form a code rewrite committee so that the code rewrite is Council and citizen driven, technical expertise required for the code rewrite, having staff make periodic presentations at Council work sessions regarding the rewrite, the proposal by staff to restructure the code, providing opportunity for citizen comment but having professionals assemble the changes, citizen knowledge that could benefit the process, concern with citizens participating for their own benefit or at least that perception, proposal to have user groups test the model, ability for any citizen to identify code conflicts regardless of whether there is a committee structure, and asking staff whether forming a committee in the future could be helpful. The Council agreed to seek feedback from Planning Manager Rob Chave and Building Official Leonard Yarberry regarding forming a code rewrite committee and schedule further discussion on a work session agenda. Council President Peterson suggested enhancing the Council portion of the website with more updates, etc. and working with the Mayor on an electronic newsletter and then consider whether a Community Outreach Committee is needed. It was the consensus of the Council to add a Council liaison to the Tree Board and to make it a paid committee position. 0 Ethics Council President Peterson recalled there has been discussion about developing a code of ethics for Councilmembers. Councilmembers Fraley-Monillas, Bloom and Petso offered to serve on an ad hoc committee that would review other cities' codes and present a draft to the Council. • Miscellaneous Mr. Taraday explained a special meeting notice must be issued for Tuesday committee meetings that begin at 6:00 p.m. If the Council wished to continue holding committee meetings at 6:00 p.m., he suggested revising the code to reflect that start time. Edmonds City Council Retreat Draft Minutes February 2-3, 2011 Page 17 Packet Page 108 of 155 PUBLIC SAFETY/PERSONNEL COMMITTEE MEETING MINUTES April 10, 2012 Committee members present: Council Member K. Michael Plunkett Council Member Joan Bloom Others present: HR Manager Mary Ann Hardie Citizen Don Hall Council Member Plunkett called the meeting to order at 7:19 pm. DISCUSSION ON CODE OF ETHICS (RELATING TO COUNCIL MEMBERS) Council Member Michael Plunkett opened the discussion by stating it was unclear as to what action/direction should be taken at this point with regard to this as Council had not given any specific direction regarding this topic although one or some council member(s) may have wanted to discuss this further. Council Member Joan Bloom stated that she had reviewed the City of Kirkland's Code of Ethics and the Mountlake Terrace Code of Ethics and there were some concerns that she had with using a code of ethics similar to theirs. Council Member Bloom further stated that she was not aware that there was a code of ethics for Council Members. HR Manager Mary Ann Hardie affirmed this. Council Member Bloom stated that she would like to build a policy regarding a code of ethics and that this process needs to move forward. Council Member Plunkett stated that he was willing to discuss this topic since it was on the agenda, but that that he may not be interested in moving this forward [for Council consideration]. Ms. Hardie stated that she had discussed this HR Committee subject with Carrie Hite (Parks, Recreation & Cultural Services Director) prior to the meeting and that they both agreed that HR would likely not be the best (nor most appropriate) committee for this forum. Additionally, while HR had provided samples of codes of ethics from other cities it would seem that the City Attorney and/or the City Clerk's Office [or Council] may be more appropriate for this process. Ms. Hardie also emphasized that HR was willing to continue to provide information as needed to the committee to assist with the process, but that this was not a [specific to] HR function since it did not pertain to employee related policies. There was some discussion that followed by the committee about what the process would be to create a code of ethics policy for Council members, creating a committee for this and whether or not the HR Committee was the appropriate committee for the discussion. Council Member Plunkett emphasized his concern about the subjectivity of some of the other policies from other cities and that [while the City may not have a specific code of ethics for Council Members] there are state laws that Council Members must follow. Council Member Bloom stated that she understood Council Member Plunkett's concerns but that due to the expressed interest/concern from the citizens about the possible need for this policy, she felt it was important for: 1) The City of Edmonds to have this policy; 2) this information to be available to citizens (as well as being part of transparency of information and citizen participation); and 3) there to be continued work toward the creation of such a policy. Council Member Plunkett stated that he would like to make this information easier for citizens to access. Council Member Bloom stated that since there does not usually appear to be a large agenda for the HR Committee, that the work on this code of ethics policy could be done at this committee and that the Cities of Kirkland, Mountlake Terrace and another city may be reviewed for further policy consideration. Council Member Plunkett agreed that this could be kept on the HR Committee Meeting agenda and that further review of the policy will occur at the next meeting. Packet Page 109 of 155 PUBLIC COMMENT PERIOD Citizen Don Hall stated that he agreed with Council Member Plunkett that some of the code of ethics policies from other cities that he had come across did appear to be too subjective. Citizen Hall further stated that he became more interested in this topic of discussion after it was discovered that Council Members were not considered to be employees of the City and are not held to the same City Personnel Policy standards although [perhaps] they should be. This process will likely require a lot of "hands on" work and will be a difficult process. The meeting adjourned at 7:44 pm 2 Packet Page 110 of 155 CHAPTER X EMPLOYEE RESPONSIBILITIES AND CODE OF ETHICS 10.1 GENERAL CODE OF CONDUCT The City's primary function is to provide service to the citizens of Edmonds. To achieve that goal, all employees are expected to treat the public as their most valued customer. All employees are expected to serve the public in a professional manner, which is courteous, efficient and helpful. Employees must maintain a clean and neat appearance appropriate to their work assignment, as determined by their position and department head. Since the proper working relationship between employees and the City depends on each employee's on -going job performance, professional conduct and behavior, the City has established certain minimum standards of personal and professional conduct. Among the City's expectations are: tact and courtesy towards the public and fellow employees; adherence to City policies, procedures, safety rules and safe work practices; compliance with directions from supervisors; preserving and protecting the City's equipment, grounds, facilities and resources; and providing orderly and cost efficient services to its citizens. In addition, all persons representing the City of Edmonds are expected to conduct business in the following manner: • All persons, representing the City of Edmonds, shall conduct business in a professional manner, respecting all citizens' rights, and showing courtesy to all. • Their actions shall be conducted within compliance of the laws and regulations governing the City's actions, including but not limited to RCW Title 42. • City representatives are expected to conduct business in an open manner. • They shall not engage in any conduct which would reflect unfavorably upon City government or any of the services it provides. • They must avoid any action which might result in or create the impression of using their position for private gain, giving preferential treatment or privileged information to any person, or losing impartiality in conducting the City's business. 10.2 OUTSIDE EMPLOYMENT AND CONFLICTS OF INTEREST Employees shall not, directly or indirectly, engage in any outside employment or financial interest which may conflict, in the City's opinion, with the best interests of the City or interfere with the employee's ability to perform his/her assigned City job. Examples include, but are not limited to, outside employment which: 53 Packet Page 111 of 155 (1) prevents the employee from being available for work beyond normal working hours, such as emergencies or peak work periods, when such availability is a regular part of the employee's job; (2) is conducted during the employee's work hours; (3) utilizes City telephones, computers, supplies, credit, or any other resources, facilities or equipment; (4) is employed with a firm which has contracts with or does business with the City; or (5) may reasonably be perceived by members of the public as a conflict of interest or otherwise discredits public service. 10.3 REPORTING IMPROPER GOVERNMENT ACTION In compliance with the Local Government Employee Whistleblower Protection Act, RCW 42.41.050, this policy is created to encourage employees to disclose any improper governmental action taken by city officials or employees without fear of retaliation. This policy also safeguards legitimate employer interests by encouraging complaints to be made first to the City, with a process provided for speedy dispute resolution. Key Definitions: Improper Governmental Action is any action by a city officer or employee that is: (1) undertaken in the performance duties, whether or not the action employment, and of the official's or employee's official is within the scope of the employee's (2) in violation of any federal, state or local law or rule, is an abuse of authority, is of substantial and specific danger to the public health or safety, or is a gross waste of public funds. (3) "improper governmental action" does not include personnel actions (hiring, firing, complaints, promotions, reassignment, for example). In addition, employees are not free to disclose matters that would affect a person's right to legally protected confidential communications. City employees who become aware of improper governmental action should follow this procedure: • Bring the matter to the attention of his/her supervisor, if non-involved, in writing, stating in detail the basis for the employee's belief that an improper action has occurred. This should be done as soon as the employee becomes aware of the improper action. 54 Packet Page 112 of 155 • Where the employee believes the improper action involves their supervisor, the employee may raise the issue directly with Human Resources, their Department Director or the Mayor. Where the employee believes the improper action involves the Mayor, the employee may raise the issue with Human Resources or the City Attorney. • The Mayor or his/her designee, as the case may be, shall promptly investigate the report of improper government action. After the investigation is completed (within thirty (30) days of the employee's report), the employee shall be advised of the results of the investigation, except that personnel actions taken as a result of the investigation may be kept confidential. An employee who fails to make a good faith effort to follow this policy shall not be entitled to the protection of this policy against retaliation, pursuant to RCW 42.41.030. In the case of an emergency, where the employee believes that damage to persons or property may result if action is not taken immediately, the employee may bypass the above procedure and report the improper action directly to the appropriate government agency responsible for investigating the improper action. For the purposes of this section, an emergency is a circumstance that if not immediately changed may cause damage to persons or property. Employees may report information about improper governmental action directly to an outside agency if the employee reasonably believes that an adequate investigation was not undertaken by the City to determine whether an improper government action occurred, or that insufficient action was taken by the City to address the improper action or that for other reasons the improper action is likely to recur. Outside agencies to which reports may be directed include: Snohomish County Prosecuting Attorney M/S 504 Everett, WA 98201 (425)388-3333 Washington State Attorney General 1125 Washington Street SE P.O. Box 40100 Olympia, WA 98504 (360)753-6200 Washington State Auditor Capital Campus P.O. Box 40021 Olympia, WA 98504 (360)902-0370 If the above -listed agencies do not appear to appropriate in light of the nature of the improper action to be reported, contact information for other state and county agencies may be obtained via the following link: http://access.wa.gov/agency/agency.aspx. It is unlawful for a local government to take retaliatory action because an employee, in good faith, provided information that improper government action occurred. Retaliatory 55 Packet Page 113 of 155 Action is any material adverse change in the terms and conditions of an employee's employment. Employees who believe they have been retaliated against for reporting an improper government action should follow this procedure: Procedure for Seeking Relief against Retaliation: (1) Employees must provide a written complaint to the supervisor within thirty (30) days of the occurrence of the alleged retaliatory action. If the supervisor is involved, the notice should go to the Mayor. If the Mayor is involved, the notice should go to the City Attorney. The written charge shall specify the alleged retaliatory action and the relief requested. (2) The Mayor or his/her designee, as the case may be, shall investigate the complaint and respond in writing within thirty (30) days of receipt of the written charge. Additional time to respond may be necessary depending on the nature and complexity of the complaint. (3) After receiving the City's response, the employee may request a hearing before a state administrative law judges (ALJ) to establish that a retaliatory action occurred and to obtain appropriate relief under the law. The request for hearing must be delivered within the earlier of either fifteen (15) days of receipt of the City's response to the charge of retaliatory action or forty-five (45) days of receipt of the charge of retaliation to the Mayor for response. (4) Within five (5) working days of receipt of a request for hearing the City shall apply to the State Office of Administrative Hearing's for an adjudicative proceeding before an administrative law judge. Office of Administrative Hearings PO Box 42488 Olympia, WA 98504-2488 360.407.2700 800.558.4857 360.664.8721 Fax (5) At the hearing, the employee must prove that a retaliatory action occurred by a preponderance of the evidence in the hearing. The ALJ will issue a final decision not later than forty-five (45) days after the date of the request for hearing, unless an extension is granted. The Mayor or designee is responsible for implementing these policies and procedures. This includes posting the policy on the City bulletin board, making the policy available to any employee upon request, and providing the policy to all newly hired employees. Officers, managers and supervisors are responsible for ensuring the procedures are fully implemented within their areas of responsibility. 56 Packet Page 114 of 155 Violations of this policy and these procedures may result in appropriate disciplinary action, up to and including dismissal. 10.4 POLITICAL ACTIVITIES City employees may participate in political or partisan activities of their choosing provided that City resources and property are not utilized, and the activity does not adversely affect the responsibilities of the employees in their positions. Employees may not campaign on City time or in a City uniform or while representing the City in any way. Employees may not allow others to use City facilities or funds for political activities without a paid rental agreement. Any City employee who meets with or may be observed by the public or otherwise represents the City to the public, while performing his/her regular duties, may not wear or display any button, badge or sticker relevant to any candidate or ballot issue during working hours. Employees shall not solicit, on City property or City time, for a contribution for a partisan political cause. Except as noted in this policy, City employees are otherwise free to fully exercise their constitutional First Amendment rights. 10.5 NO SMOKING POLICY The City maintains a smoke -free workplace. No smoking of tobacco products or electronic smoking devices is permitted anywhere in the City's buildings or vehicles, and offices or other facilities rented or leased by the City. If an employee chooses to smoke, it must be done outside at least 25 feet from entrances, exits, windows that open, and ventilation air intakes. 10.6 PERSONAL POSSESSIONS AND ELECTRONIC COMMUNICATIONS The City cannot assume responsibility for any theft or damage to the personal belongings of City employees. Therefore, the City requests that employees avoid bringing valuable personal articles to work. Employees are solely responsible for ensuring that their personal belongings are secure while at work. Employees should have no expectation of privacy as to any items or information generated/stored on City systems. Employees are advised that work -related searches of an employee's work area, workspace, computer and electronic mail on the City's property may be conducted without advance notice. The City reserves the right to search employee desks, lockers and personal belongings brought onto City premises if necessary. Employees who do not consent to inspections may be subject to discipline, up to and including immediate termination. Please see Attachment A - INFORMATION SERVICES - ACCEPTABLE USE POLICY - for guidelines on use of City computers. 10.7 USE OF TELEPHONES AND CITY VEHICLES Use of City phones and City cellular phones for local personal phone calls and text messaging should be kept to a minimum; long distance personal use is prohibited. Other City equipment, including vehicles, should be used by employees for City business only, unless otherwise 57 Packet Page 115 of 155 approved by the Department Director. Employees' misuse of City services, telephones, vehicles, equipment or supplies can result in disciplinary action up to and including termination. The City reminds employees that Washington state law restricts the use of cell phones and PDA's while driving. Employees must comply with applicable laws while engaging in work for the City. 10.8 BULLETIN BOARDS Information of special interest to all employees is posted regularly on the City bulletin boards. Employees may not post any information on these bulletin boards without the authorization of the Department Head. 10.9 MEDIA RELATIONS The Mayor or designated department heads shall be responsible for all official contacts with the news media during working hours, including answering of questions from the media. The Mayor or department head may designate specific employees to give out procedural, factual or historical information on particular subjects. 10.10 USE OF SAFETY BELTS Per Washington law, anyone operating or riding in City vehicles must wear seat belts at all times. 10.11 DRIVER'S LICENSE REQUIREMENTS As part of the requirements for certain specific City positions, an employee may be required to hold a valid Washington State Driver's license and/or a Commercial Driver's License (CDL). If an employee fails his or her CDL physical examination or the license is revoked, suspended or lost, or is in any other way not current, valid, and in the employee's possession, the employee shall promptly notify his/her department head and will be immediately suspended from driving duties. The employee may not resume driving until proof of a valid, current license is provided to his/her department head. Depending on the duration of license suspension, revocation or other inability to drive, an employee may be subject to disciplinary action, up to and including termination. Failure on the part of an employee to notify their department director of the revocation, suspension, or loss of driving privileges may subject the employee to disciplinary action, up to and including termination. 10.12 SOLICITATIONS Most forms of selling and solicitations are inappropriate in the workplace. They can be an intrusion on employees and citizens and may present a risk to employee safety or to the security of City or employee property. The following limitations apply: Persons not employed by the City may not solicit, survey, petition, or distribute literature on our premises at any time. This includes persons soliciting for charities, salespersons, questionnaire surveyors, labor union organizers, or any other solicitor or distributor. Exceptions to this rule may be made in special circumstances where the City determines that an exception would serve the best interests of the organization and our employees. An example of an exception might be the United Way campaign or a similar, community -based fund raising effort. Packet Page 116 of 155 Employees may not solicit for any purpose during work time. Reasonable forms of solicitation are permitted during non -work time, such as before or after work or during meal or break periods. Soliciting employees who are on non -work time may not solicit other employees who are on work time. Employees may not distribute literature for any purpose during work time or in work areas, or through the City's electronic systems. The employee lunchroom is considered a non -work area under this policy. 10.13 USE OF CITY CREDIT Unless otherwise authorized by City policy or specifically authorized by the Mayor, no City employee is authorized to commit the City to any contractual agreement, especially an agreement that lends the City's credit in any way. Employees are prohibited from conducting personal business with companies in any way which improperly implies the employee is acting as an agent of the City. 10.14 SUBSTANCE ABUSE The City's philosophy on substance abuse has two focuses: (1) a concern for the well being of the employee and (2) a concern for the safety of other employees and members of the public. As part of our employee assistance program, we encourage employees who are concerned about their alcohol or drug use to seek counseling, treatment and rehabilitation. Although the decision to seek diagnosis and accept treatment is completely voluntary, the City is fully committed to helping employees who voluntarily seek assistance to overcome substance abuse problems. In most cases, the expense of treatment may be fully or partially covered by the City's benefit program. Please see the EAP counselor for more information. In recognition of the sensitive nature of these matters, all discussions will be kept confidential. Employers who seek advice or treatment will not be subject to retaliation or discrimination. Although the City is concerned with rehabilitation, it must be understood that disciplinary action may be taken when an employee's job performance is impaired because he/she is under the influence of drugs or alcohol on the job. The City may discipline or terminate an employee possessing, consuming, selling or using alcohol, or controlled substances (other than legally prescribed) during work hours or on City premises, including break times and meal periods. The City may also discipline or terminate an employee who reports for duty or works under the influence of alcohol or controlled substances. Employees may also not report for work when their performance is impaired by the use of prescribed or over-the-counter medications. The City reserves the right to search employee work areas, offices, desks, filing cabinets etc. to ensure compliance with this policy. Employees shall have no expectation of privacy in such areas. Any employee who is convicted of a criminal drug violation in the workplace must notify the organization in writing within five calendar days of the conviction. The organization will take appropriate action within 30 days of notification. Federal contracting agencies will be notified when appropriate. 59 Packet Page 117 of 155 Testing: Certain employees of the City, including those who must possess CDLs or who have safety sensitive positions, are subject to random drug and alcohol testing. Any employee may also be required to submit to alcohol or controlled substance testing when the City has reasonable suspicion that the employee is under the influence of controlled substances or alcohol. Refusal to submit to testing, when requested, may result in immediate disciplinary action, including termination. The City may also choose to pursue criminal charges, if violations of law are suspected. The City has adopted Drug and Alcohol Testing Policies and Procedures, which more specifically describe the City's substance abuse policy, and these are incorporated herein by reference as Appendix B. Z1 Packet Page 118 of 155 0006.90000 BFP: 5/21/08 ORDINANCE NO.3689 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE PROVISIONS OF TITLE 3 ECC, REVENUE AND FINANCE, TO ADD A NEW CHAPTER 3.70 ECC, CONFLICT OF INTEREST, REGARDING CONTRACTS WITH FORMER EMPLOYEES; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the city has contracted for professional services with firms that have hired former city employees; and WHEREAS, Chapters 42.20 and 42.23 RCW, which regulates conflict of interest in municipal contracting, does not specifically address dealings with former employees; and WHEREAS, the City Council finds it to be in the best interest of the city to adopt regulations establishing criteria for contracting with former employees or firms that hire former employees; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. A new Chapter 3.70 ECC, Conflict of Interest., is hereby adopted in Title 3 ECC, Revenue and Finance., to read as follows: Chapter 3.70 CONFLICT OF INTEREST 3.70.000 Definitions. 3.70.010 Restrictions on future employment of city employees. 3.70.020 Disclosure of Privileged, Confidential, or Proprietary Information. {SFP696127.DOC;1/00006.900000/} - 1 - Packet Page 119 of 155 3.70.030 Exemption. 3.70.040 Penalties. 3.70.000 Definitions. The definition of words used in Chapter 3.70 ECC shall be consistent with the definitions, context and usage of the terms in Chapter 42.23 RCW, and their interpretation by Washington Courts. 3.70.010 Restrictions on future employment of city employees. No former city official, officer or employee may, within a period of one year from the date of termination or city employment, accept employment or receive compensation from an employer if: (a) The former city official, officer or employee, during the two years immediately preceding termination of city employment, was engaged in the negotiation or administration of one or more contracts on behalf of the city with that employer and was in a position to make discretionary decisions affecting the outcome of such negotiation or the nature of such administration; and (b) Such a contract or contracts have a total value of more than ten thousand dollars; and (c) The duties of the employment with the employer or the activities for which the compensation would be received include fulfilling or implementing, in whole or in part, the provisions of such a contract or contracts or include the supervision or control of actions taken to fulfill or implement, in whole or in part, the provisions of such a contract or contracts. This session shall not be construed to prohibit a city elected or appointed official or a city employee from accepting employment with a city employee organization. 2. No former city official, officer or employee may, within a period of one year following the termination of city employment, have a direct or indirect beneficial interest in a contract or grant that was expressly authorized or funded by specific legislative or executive action in which the former city official, officer or employee participated. {BFP696127.DOQ1/00006.900000/} - 2 - Packet Page 120 of 155 3. No former city official, officer or employee may, within a period of one year following the termination of city employment, represent any person before any city board, body, agency, department, committee, examiner, adjustor, or commission regarding a specific project the former official or employee worked on, and was in a position to make discretionary decisions or recommendations, during his/her term of service or employment unless: (a) The former city official, officer or employee receives no compensation for representing that person; or (b) The specific project was a legislative issue; or (c) The matter involved in the representation by the former city official, officer or employee directly affects properties owned by the former city official, officer or employee. 4. Any elected or appointed official having the power to perform an official act or action shall, for a period of one year after the termination of his or her employment or term of service, refrain from lobbying the city department, agency, elected body, commission, or board on which they last served unless: (a) The former city elected or appointed official is receiving no compensation for such lobbying; or (b) The matter being lobbied directly affects properties owned by the former elected or appointed official. 3.70.020 Disclosure of Privileged, Confidential, or Proprietary Information. No former city official, officer or employee shall disclose or use any privileged, confidential, or proprietary information gained because of his or her service or employment with the city. 3.70.030 Exemption. 1. The prohibitions of ECC 3.10.010 notwithstanding, the city may contract with a former city official, officer or employee for expert or consultant services within one year of the latter's leaving city service upon determination and approval by resolution from the City Council that: {BFP696127.DOC;1/00006.900000/} - 3 - Packet Page 121 of 155 (a) It is important for the city to obtain the services in the contract, and time is of the essence; (b) The former city official, officer or employee is best qualified to perform the services, and contracting with another would result in undue burden on the city; and (c) The interests of the city, including but not limited to legal, financial and operations, will not be undermined as a result thereof. 2. The prohibitions of ECC 3.10.010 shall not apply to a former official, officer or employee acting on behalf of a governmental agency, if the City Council determines that the service to the agency is not adverse to the interest of the city. 3. Nothing in this ordinance shall prohibit an official elected to serve a governmental entity other than the City of Edmonds from carrying out his or her official duties for that government entity. 3.70.040 Penalties. Any person violating any provision of ECC 3,70.010 and ECC 3.70.020 shall be guilty of a gross misdemeanor and subject to punishment in accordance with ECC 5.50.020. 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 is subject to referendum, and shall take effect thirty (30) days after passage and publication of an approved summary thereof consisting of the title. APPRD D: Atle� - MAY G Y AAAKENSON {BFP696127.DOC;1/00006.900000/) - 4 - Packet Page 122 of 155 ATTEST/AUTHENTICATED: Ad'o��- z &:�� ' TY CLERK, SANDRA S. CHASE APPROVEDYTA : OFFICE OF EY: BY W. SCOTT SNYDER FILED WITH THE CITY CLERK: 06/13/2008 PASSED BY THE CITY COUNCIL: 06/17/2008 PUBLISHED: 06/22/2008 EFFECTIVE DATE: 07/22/2008 ORDINANCE. NO, 3689 (8FF696127.n0C-.IA) a6.4000001y - 5 - Packet Page 123 of 155 SUMMARY OF ORDINANCE NO.3689 of the City of Edmonds, Washington On the 17th day of June, 2008, the City Council of the City of Edmonds, passed Ordinance No.3689. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE PROVISIONS OF TITLE 3 ECC, REVENUE AND FINANCE, TO ADD A NEW CHAPTER 3.70 ECC, CONFLICT OF INTEREST, REGARDING CONTRACTS WITH FORMER EMPLOYEES; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. The full text of this Ordinance will be mailed upon request. DATED this 18th day of June, 2008, -'ear. CITY CLERK, SANDRA S. CHASE { €3FP696127.DOC; I/CD006.9000001} Packet Page 124 of 155 Humann, Debi From: Chase, Sandy Sent: Wednesday, September 14, 2011 11:00 AM To: Humann, Debi Subject: RE: Ordinance Search Attachments: Ordinance 3689.pdf Hi Debi, I believe you are looking for Ordinance 3689 (attached) that was adopted in May 2008 that relates to "conflict of interest", former employees, etc. I did a quick word search for anything to do with "ethics" and nothing came up. Also, I do not recall any other ordinance that may apply. If I come across anything, I will be sure to let you know. Sandy From: Humann, Debi Sent: Wednesday, September 14, 2011 9:34 AM To: Chase, Sandy Subject: Ordinance Search Hi Sandy: I know you are too busy for words but I need help when you get a chance. At last night's PS/HR Committee meeting, Wilson and Bernheim reviewed the Ethics Board issue. They requested that I supply the ordinance that apparently was prepared when Don Fiene went from being an employee to working for a private company. No idea what this is about. Don left our employment 4/08 if that helps. If you can think of any other ordinance that might deal with ethics, that would be appreciate also. Thank you. Debi Packet Page 125 of 155 to watch the January 23 joint meeting with the Planning Board, Economic Development Commission and the consultant. With regard to student volunteers, he recalled his son was a student volunteer on the skate park and worked three years to design and build it. He used that experience in college. If the Council pursues a parks levy, he recommended including a project for students in order to engage them in campaigning for the levy. He agreed with Mr. Hertrich's suggestion for the Council to appoint a representative to the School District and also suggested Councilmembers attend the Superintendent's monthly roundtable meetings. Councilmember Bloom explained she wanted the Council to adopt an ethics policy that addresses board/commission, elected officials and staff. There are many policies in Washington could be adapted for Edmonds. The next step is to form an ethics committee; if a citizen has a question about something such as a conflict of interest, they can go to the ethics committee and determine whether something is potentially an ethics violation. She recommended the Council, 1) adopt an ethics policy, and 2) form an ethics committee. She sought Council approval for the Public Safety & Personnel Committee to pursue this. Ms. Hite explained the recently adopted personnel policy has an extensive ethics policy for employees; that is the best place for policies regarding employees. She encouraged the Council to develop an ethics policy for boards/commissions and elected officials but not to include employees. Discussion followed regarding other cities' ethics policies, past unsuccessful efforts to develop a code of ethics policy, developing a policy with enough examples to provide direction, and the difference between a code of conduct and code of ethics. Summary: Refer development of code of ethics to Public Safety and Personnel Committee. 11. POTENTIAL ACTION AS A RESULT OF MEETING IN EXECUTIVE SESSION No action. 10. MISCELLANEOUS Based on yesterday's discussion regarding public comment at committee meetings, Council President Petso distributed language for committee meeting notices and asked Councilmember to submit comments/concerns to Ms. Chase. The retreat was adjourned at 11:37 p.m. Edmonds City Council Retreat Draft Minutes February 1-2, 2013 Page 21 Packet Page 126 of 155 CITY OF LYNNWOOD Chapter 2.94 CODE OF ETHICS Sections: 2.94.010 Policy. 2.94.020 Definitions. 2.94.030 Personal gain or profit — Use of persons, money or property. 2.94.040 Conflict of interest. 2.94.050 Acceptance of gifts. 2.94.060 Campaign activities. 2.94.070 Confidential information. 2.94.080 Board of ethics — Complaints against a councilmember, member of a board or commission, or mayor — Advisory opinions. 2.94.085 Conducting a board hearing on motions and a sufficient complaint. 2.94.090 Complaints against employees and officials other than the mayor, councilmembers, and members of advisory bodies. 2.94.095 Alternative procedure for complaints against employees and officials other than the mayor, council members, and members of advisory bodies. 2.94.100 Liberal construction — Limitation period — Effective date. 2.94.010 Policy. The city of Lynnwood is committed to conducting its business in a fair, open, efficient and accountable manner. Public officials and employees shall conduct their public and private actions and financial dealings in a manner that shall present no apparent or actual conflict of interest between the public trust and their private interest. Each official and employee is assumed and expected to act in accordance with all laws that may apply to his or her position, as well as striving to avoid even an appearance of impropriety in the conduct of his or her office or business. Each employee and official should be informed of this code and meet its requirements. Questions regarding its interpretation concerning employees and officials should be brought to that person's supervisor or mayor for interpretations of this code, and subject to any collective bargaining agreement, any action concerning violation of this code concerning officials and employees shall be determined by the mayor; provided questions regarding the interpretation of the code as applied to councilmembers, mayor and allegations of violation of this code by councilmembers, mayor, or members of advisory bodies shall be referred to the board of ethics through the process established herein. (Ord. 2112 § 2, 1996) 2.94.020 Definitions. Throughout this code, the following definitions shall apply: A. "Advisory body" means any board or commission, committee or other entity previously, or hereafter, and named a board or commission in the ordinance or resolutions creating the body, created by the city council to give advice on subjects and perform such other functions as prescribed by the city council. Advisory body does not mean task forces, informal committees, or working groups appointed by the mayor or created by the city council for short periods of time or for specific tasks. B. "Benefit," "gain," "profit," or "interest in a contract" applies only to situations or contracts involving business transactions, employment matters, and other financial interests, and does not apply to situations or contracts which confer no financial benefit. Packet Page 127 of 155 C. City of Lynnwood Officials, Officers or Employees. "City official, officer, or employee" means every individual elected or appointed to an office or position of employment, whether such individual is paid or unpaid. D. "Confidential information" means: 1. Specific information, rather than generalized knowledge, that is not available to the general public on request; or 2. Information made confidential by law including but not limited to as provided in taxpayer information, RCW 82.32.330; information regarding organized crime, RCW 43.43.856; criminal history information, Chapter 10.97 RCW; medical records, Chapter 70.02 RCW; and juvenile records, RCW 13.50.010; or 3. Information which is initially disclosed or discussed in executive session, and which is not available to the general public on request; or 4. "Confidential information" does not include information officially disclosed by the mayor or a majority vote of the city council. E. "Contract" includes any contract, sale, lease, or purchase. F. "Contracting party" includes any person, partnership, association, cooperative, corporation, or other business entity which is a party to a contract with a municipality. G. "Ethics" means standards of conduct that are regulated by this code. H. "Family" means an individual's spouse, and child, step -child, grandchild, parent, step-parent, grandparent, brother, half- brother, sister, or half-sister of the individual and the spouse of any such person and a child, step -child, grandchild, parent, step-parent, grandparent, brother, half-brother, sister, or half-sister of the individual's spouse and the spouse of any such person. I. "Gift" means anything of economic value for which no consideration is given. "Gift" does not include: 1. Items from family members or friends where it is clear beyond a reasonable doubt that the gift was not made as part of any design to gain or maintain influence in the city or with the recipient in connection with city matters; 2. Items related to the outside business of the recipient that are customary and not related to the recipient's performance of official duties; 3. Items exchanged among officials and employees or a social event hosted or sponsored by a city officer or city employee for co-workers; 4. Payments by a governmental or nongovernmental entity of reasonable expenses incurred in connection with a speech, presentation, appearance, or trade mission made in an official capacity. As used in this subsection, "reasonable expenses" are limited to travel, lodging, and subsistence expenses incurred the day before through the day after the event; 5. Items an official or employee is authorized by law to accept; Packet Page 128 of 155 6. Payment of enrollment and course fees and reasonable travel expenses attributable to attending seminars and educational programs sponsored by a bona fide nonprofit professional, educational, or trade association, or charitable institution. As used in this subsection, "reasonable expenses" are limited to travel, lodging, and subsistence expenses incurred the day before through the day after the event; 7. Items returned by the recipient to the donor within 30 days of receipt or donation to a charitable organization within 30 days of receipt; 8. Campaign contributions or other items reported or regulated under Chapter 42.17 RCW; 9. Discounts available to an individual as a member of an employee group, occupation, or similar broad -based group; and 10. Awards, prizes, scholarships, or other items provided in recognition of professional, academic or scientific achievement. J. "Person" means any individual, partnership, association, corporation, firm, institution, or other entity, whether or not operated for profit. (Ord. 2112 § 2, 1996) 2.94.030 Personal gain or profit — Use of persons, money or property. A. An official or employee shall not knowingly use his or her office or position for personal or family benefit gain or profit, or use his or her position to secure special privileges or exceptions for himself, herself, or for the benefit, gain, or profits of any other persons. B. No official or employee may employ or use any person, money, or property under the officer's or employee's official control or direction, or in his or her official custody, for the personal or family benefit, gain, or profit of the officer or employee, or another. C. This section does not prohibit the use of public resources to benefit others as part of an officer's or employee's public duties. D. Notwithstanding the provisions of LMC 2.94.030, the mayor shall have discretion, and may adopt rules, regarding the nature, scope and extent to which the city of Lynnwood, its officials and employees, may provide in -kind and other assistance, if any, to an activity or event; provided, that such assistance: 1. Does not unreasonably interfere with the proper performance of public duties and function; and 2. Provides a common benefit to the city; and 3. Is of a de minimus cost, or of reasonable value. Any terms, conditions, or mutual arrangements determined to be appropriate by the mayor, regarding the provision of any type of assistance, shall be in writing. (Ord. 2112 § 1, 1996) 2.94.040 Conflict of interest. A. An official or employee shall not be beneficially interested, directly or indirectly, in any contract which may be made by, through or under the supervision of such person, in whole or in part, or which may be made for the benefit of his or her office, or accept, directly or indirectly, any compensation, gratuity, or reward in connection with such contract from any other person beneficially interested therein, and shall not knowingly engage in activities which are in conflict, or which Packet Page 129 of 155 have the potential to create a conflict, with performance of official duties. Examples of conflicts, or potential conflicts of interest, include but are not necessarily limited to circumstances where the official or employee, or their families: 1. Influences the selection or nonselection of or the conduct of business between the city and any entity when the official or employee has a financial interest; 2. Solicits for himself or herself or for another a gift or any other thing of value from the city or from any person or entity having dealings with the city; provided, however, that no conflict of interest for the official or employee shall be deemed to exist with respect to solicitation for campaign contributions required to be reported under Chapter 42.17 RCW or for charitable contributions; 3. Accepts any retainer, compensation, gift or other thing of value which is contingent upon a specific action or nonaction by the official or employee; 4. Accepts a gift in any manner other than as provided in subsection (E) of this section; 5. Intentionally uses or discloses information not available to the general public and acquired by reason of his or her official position which financially benefits himself or herself, family, friends or others. B. An official or employee is not interested in a contract if he or she has only a "remote interest" in the contract. "Remote interest" means that of: 1. A nonsalaried officer of a nonprofit corporation; 2. An employee or agent of a contracting party where the compensation of such employee or agent consists entirely of fixed wages or salary; 3. A landlord or tenant of a contracting patty; and 4. A holder of less than one percent of the shares of a corporation or cooperative which is a contracting party. None of the provisions of this section are applicable to any officer or employee interested in a contract, even if the officer's or employee's interest is only remote, if the officer or employee influences or attempts to influence any other officer or employee of the city to enter into the contract. C. Repealed by Ord. 2493. D. A councilmember may not vote in the authorization, approval or ratification of a contract in which he or she is beneficially interested even though one of the exceptions allowing the awarding of such contract applies. A councilmember shall disclose the fact and extent of a remote interest for the official minutes of the city council prior to taking any action related to the interest and, thereafter. E. Restrictions after Leaving City. 1. For one year after leaving the city, a former official or employee may not hold or acquire a financial interest, direct or indirect, personally or through their family, in any contract or contracts having a total value of more than $5,000 made by, through, or under their supervision, or accept, directly or indirectly, any compensation, gratuity, or reward from any person interested in such a contract or transaction. Packet Page 130 of 155 2. For one year after leaving the city, a former official or employee may not: a. Assist anyone in proceedings involving the city where such official or employee worked on a matter in which they were officially involved in the course of their duties; b. Represent any private person as an advocate on a matter in which they were involved; or c. Compete for a city contract when they were involved in determining the scope of work or the selection process. 3. An official or employee may never disclose or use the city's privileged or proprietary information except to perform official duties. (Ord. 2493 §§ 1, 2, 2004; Ord. 2308 § 1, 2000; Ord. 2112 § 2, 1996) 2.94.050 Acceptance of gifts. A. Except for charitable contributions or campaign contributions required to be reported under Chapter 42.17 RCW, an official or employee may not accept gifts of cash in any amount that has any connection whatsoever with city employment or the performance of duties. B. Except as provided in subsection (E) of this section, an official or employee may not, directly or indirectly, give or receive or agree to receive, or ask for any compensation, gift, reward, or gratuity from a source for performing or omitting or deferring the performance of any official duty, except from the city. C. Except as provided in subsection (E) of this section, any and all gifts received by a city employee will be given immediately to the employee's supervisor with an explanation of the circumstances surrounding receipt of the gift. The supervisor or department head will return the gift to the sender with a written expression of thanks and an explanation of the city policy concerning gifts. A copy of the memo shall be sent to the mayor. D. Except as provided in subsection (E) of this section, any and all gifts received by an official will be returned immediately to the sender, with a written expression of thanks and an explanation of city policy concerning gifts. A copy of the memo shall be sent to the mayor, or placed with the mayor's records. E. 1. An officer or employee may accept an item or cash if it is regulated or reported under Chapter 42.17 RCW. 2. No officer of employee may accept gifts with an aggregate value in excess of $50.00 from a single source in a calendar year or a single gift from multiple sources with a value in excess of $50.00, and only if it could be reasonably expected that the gift, gratuity, or favor would not influence the vote, action, or judgment of the officer or employee, or be considered as part of a reward for action or inaction. For purposes of this section, "single source" means any person, corporation, or entity, whether acting directly or through any agent or other intermediary, and "single gift" includes any event, item, or group of items used in conjunction with each other or any trip including transportation, lodging, and attendant costs, not excluded from the definition of gift under LMC 2.94.020. The value of gifts given to an office's or employee's family member shall be attributed to the official or employee for the purposes of determining whether the limit has been exceeded, unless an independent business, family, or social relationship exists between the donor and the family member. 3. The following are presumed not to influence the vote, action, or judgment of the official or employee, or be considered as part of a reward for action or inaction, so as to allow an official or employee to receive or accept them: Packet Page 131 of 155 a. Unsolicited advertising or promotional items of nominal value, such as pens and note pads. Employees should endeavor to use such items in the workplace instead of taking them home; b. Unsolicited tokens or awards of appreciation in the form of a plaque, trophy, desk item, wall memento, or similar item; c. Unsolicited items received for the purpose of evaluation or review, if the recipient has no personal beneficial interest in the eventual use or acquisition of the item; d. Informational material, publications, or subscriptions related to the recipient's performance of official duties; e. Food and beverages consumed at hosted receptions where attendance is related to the recipient's official duties; f. Admission to, and the cost of food and beverages consumed at, events sponsored by or in conjunction with a civic, charitable, governmental, or community organization; g. Those items excluded from the definition of gift in LMC 2.94.020(I); h. Payments by a governmental or nongovernmental entity of reasonable expenses incurred in connection with a speech, presentation, appearance, or trade mission made in an official capacity; i. Payments for seminars and educational programs sponsored by a bona fide nonprofit professional, educational, or trade association, or charitable institution; Flowers, plants, and floral arrangements. The employee receiving the gift shall: i. Notify the employee's supervisor of the gift; ii. Take the item to a recognized relief agency, or alternatively, make the items available for the enjoyment of all employees in the employee's work area; and iii. Send a thank -you card to the provider explaining what was done with the gift. k. Food and beverages on infrequent occasions in the ordinary course of meals where attendance is related to the performance of official duties. The presumption in this subsection is rebuttable and may be overcome by clear and convincing evidence based on the circumstances surrounding the giving and acceptance of the item. F. This section shall not apply to gifts made to the city. All such gifts shall be given to the mayor for official disposition. (Ord. 2112 § 2, 1996) 2.94.060 Campaign activities. A. Officials and employees may participate in the political process only on their own time, and only outside of the workplace by assisting a campaign for the elections of any person to any office, or for the promotion of or the opposition to any ballot proposition. Packet Page 132 of 155 B. Officials and employees shall not use or authorize the use of the facilities or resources of the city for the purpose of assisting a campaign for the election of any person to any office, or for the promotion or opposition to any ballot proposition, except as may be authorized by law under the provisions of Chapter 42.17.130 RCW. C. This section does not prohibit any activity permitted or regulated under Chapter 42.17 RCW. (Ord. 2112 § 2, 1996) 2.94.070 Confidential information. A. No official or employee may accept employment or engage in any business or professional activity that the official or employee might reasonably expect would require or induce him or her to disclose confidential information acquired by the official or employee by reason of the official's or employee's official position. B. No official or employee may disclose confidential information gained by reason of the officer's or employee's official position or otherwise use the information for his or her personal gain or benefit or the gain or benefit of another, unless the disclosure has been authorized by the mayor (or majority vote of the city council) or by terms of a contract involving: 1. The city; and 2. The person or persons who have authority to waive confidentiality of the information. C. An official or employee shall not use information acquired in confidence from a city customer, supplier, lessee or contractor for other than city purposes. D. This section does not prevent an official or employee from giving testimony under oath or from making statements required to be made under penalty of perjury or contempt. E. The mayor shall determine, acting in the best interest of the city, whether information is confidential; provided a majority of the city council may vote to release any information which is not by law required to be kept confidential. The types of information listed in RCW 42.17.310 are presumed confidential, unless the mayor (or city council by majority vote) determines it is not. In any matter involving an advisory body, the presiding officer shall determine, acting in the best interests of the city, whether information is confidential, subject to approval by the mayor or city council by majority vote. In any matter involving city employees, the higher ranking person shall determine, acting in the best interests of the city, whether information is confidential, subject to approval by the mayor. For example, a department head, meeting with employee B to discuss employee C's job performance, may determine that information discussed is confidential. (Ord. 2112 § 2, 1996) 2.94.080 Board of ethics — Complaints against a councilmember, member of a board or commission, or mayor — Advisory opinions. A. Board Established — Authority, Purpose and Duties — Membership — Officers — Policies and Procedures — Board Counsel — Staff. Board Established. There is established a board of ethics for the city of Lynnwood. 2. Authority, Purpose and Duties. The purpose of this board of ethics is: a. To issue advisory written opinions on the provisions of this code; Packet Page 133 of 155 b. To hear complaints and determine if violations of this ethics code, or state ethics law applicable to cities, have occurred by the mayor, a councilmember, a member of a board or commission, and to enter appropriate administrative orders and make recommendations to the city council; c. To hear and consider complaints referred to it by the mayor as provided for in LMC 2.94.095; d. To adopt policies, procedures and rules, as it may deem necessary and appropriate to accomplish its purpose and duties; e. To appoint a qualified individual or firm as "board counsel" who shall both provide the board with independent legal counsel apart from the city attorney, and be responsible to conduct investigations on complaints and conduct the functions and perform the duties set forth in subsection (A)(3) of this section; f. To manage the expenditure of appropriations for operation of the board, board counsel, and other staff; and g. To annually review: its budget; all service contracts to ensure ready availability of board counsel, third party investigators, and other staff, and to meet with contractors; activities for the proper training of such staff about this ethics code and the board's policies, rules and procedures for the administration thereof. 3. Board Counsel — Authority and Duties. Board counsel shall have the following authority and duties: a. To provide the ethics board with independent legal research, advice, assistance, and counsel on its organization and general operations, except in regard to any complaint once it has been filed and specifically in regard to such complaint during the time it is being considered by board counsel or the board under this section and LMC 2.94.085. b. To agree to settle complaints in accordance with the policies of the board and the purpose and intent of this ethics code, to enter appropriate administrative orders of settlement and administrative orders determining the sufficiency or insufficiency of a complaint, as set forth in subsection (B) of this section. c. To perform the functions of board counsel as set forth in this section and LMC 2.94.085. 4. Membership — Nomination, Confirmation and Alternates — Terms — Qualification — Removal. The board of ethics shall be composed of three members, none of whom shall be a city councilmember or city employee. a. The board members shall be nominated by the mayor and confirmed by the city council, for a term of three years or for fulfillment of an unexpired term. The original appointees' terms concluded as follows: Position No. 1: January 1, 1998 Position No. 2: January 1, 1999 Position No. 3: January 1, 2000 Any person may be removed from the board by the mayor, with the approval of the council. b. In addition to the members of the board, the mayor shall nominate, and the city council in its discretion shall confirm, first and second alternate board members. The alternates may attend all meetings of the Packet Page 134 of 155 board, and may participate as set forth in board rules, but shall have no voting rights unless they serve in the place of an appointed board member. In the event a board member must recuse himself or herself, or is not present, or is otherwise unavailable to conduct any board business, the first alternate member shall serve in his or her place. If a second alternate is needed, the second alternate shall then serve. c. Members and alternate members may be nonresidents of the city of Lynnwood. d. In filling any vacancy or making a nomination for membership on the board of ethics, the mayor shall strive to select persons with diverse perspectives and areas of expertise appropriate to the review of ethical matters, and who are of good general reputation and character. For proposed nominees who are nonresidents, the mayor shall state reasons that contributed to the decision to nominate a nonresident, including, but not limited to, particular expertise of the person to review ethics matters, and/or a desire to have a person or persons serve on the board who as nonresidents are less likely to have some personal, social, or business relationship with whomever may be the subject of an ethics complaint, and who would be less likely to be disqualified; and for other reasons deemed appropriate by the mayor. 5. Officers — Succession — Quorum — Procedures. The board shall elect from its membership a presiding officer who shall be the chief administrative officer of the board who shall be referred to as the board chair and a first vice -chair and a second vice -chair, who shall each serve for one year. If the board chair is unavailable, not present, or is recused from participation, the first vice -chair shall preside and have all authority and powers of the board chair during and, if necessary, between meetings of the board. If the board chair and the first vice -chair are both unavailable, not present, or are recused from participation, the second vice -chair shall preside and have all authority and powers of the board chair during and, if necessary, between meetings of the board. The board may elect any member to serve in additional offices or roles as the board deems necessary. The board shall provide a manner for minutes and records of all meetings to be kept. The board shall adopt policies, rules, and procedures; provided, a majority of the board shall constitute a quorum for the transaction of business, and a majority of the board shall be necessary to carry any proposition. 6. Meetings — Notice. A meeting of the board shall be held as the board deems necessary and advisable on 72 hours' notice to all members, or as provided in board rules, or otherwise as agreed by a majority of the board. 7. Board Counsel, Investigative and Clerical Staff. The board of ethics shall receive the following staff support: a. Normal Board Operations and Budgeting. The mayor shall provide staff, as he or she deems appropriate, to assist the board of ethics. The board shall make a timely request for necessary biennial budget appropriation(s) for "on -call" contract services for independent legal counsel, and for other staff and other operational costs to the mayor, who shall include that request in the preliminary budget, when, if otherwise necessary, the board may request appropriations directly from the city council. b. Board Operations Involving a Complaint. If at any time a complaint creates a need for additional or special funding, the board shall make a supplemental request to the mayor or administrative services director who shall forward it to the city council for review and appropriate action. B. Specific Complaint Against the Mayor, a Councilmember, or a Member of a Board or Commission — Complaint Requirements — Preliminary and Final Determinations of Sufficiency. Packet Page 135 of 155 1. Complaint Requirements — Service. Any person may submit a written complaint to the finance director alleging one or more violations of this code by the mayor, a councilmember, or a member of a board or commission. The complaint must: a. Set forth specific facts with enough precision and detail for board counsel to make a determination of sufficiency; and b. Set forth the specific section(s) and subsection(s) of this code that the complaining party believes has been violated; and c. An explanation by the complaining party of the reasons why the alleged facts violate this code; and d. Be signed under penalty of perjury by the person(s) submitting it in a manner consistent with Chapter 9A.72 RCW; and e. State each complaining person's correct name, address at which mail may be personally delivered to the submitter, and the telephone number at which each complaining person may be contacted. The finance director shall promptly serve or mail, by return receipt requested, a copy of the complaint to the individual(s) complained against and to board counsel. The finance director shall not send a copy of the complaint to board members, but shall send a notice to all board members and alternates setting forth only the name, address and any other necessary information identifying all complaining parties and the individual(s) complained against. The finance director shall notify all complaining parties, board members and alternates, and board counsel, of the date of completion of service or mailing of a copy of the complaint. 2. Board Counsel Consideration of Complaint — Preliminary Determination of Sufficiency — Investigation. Upon receipt of the complaint, board counsel shall: a. Initially review the complaint to determine if it reasonably complies with the requirements of a complaint in subsection (B)(1) of this section, and shall: i. Meet at least once together with all parties to hear from them on all aspects of the complaint and issues involved; ii. Allow all parties to submit at meetings, or otherwise, any information they have concerning the complaint and issues involved; iii. Request, as needed, clarification, explanation or submission of information necessary to properly consider the complaint; iv. Promptly distribute to all parties any correspondence between board counsel and any party; and v. Meet or discuss with any party, at such time or times as board counsel determines appropriate, a settlement of one or more of the complaint allegations and issues involved. b. When in the discretion of board counsel it is necessary or appropriate, refer the complaint and any information gathered to the investigative third party(ies) approved by the board; provided, board counsel shall direct and control that investigation. Packet Page 136 of 155 c. At the conclusion of the third party investigation, distribute to all parties all information gathered by any third party investigator, and any report, findings, or conclusions therefrom. d. After distribution of information from the third party investigation, convene at least one meeting with all parties in attendance to discuss a settlement and resolution of the complaint and the issues involved, and board counsel may submit proposals for settlement of one or more issues involved and set deadlines for response by any or all parties, and further, if a settlement of one or more issues is agreed to, board counsel shall enter an appropriate administrative order of settlement. e. If a settlement of one or more issues cannot be achieved, then enter an administrative order that: i. Dismisses any complaint allegation which remains insufficiently stated; ii. Dismisses any complaint allegation which is not supported by substantial facts; iii. Identifies and sets forth the terms of any agreed settlement between the parties and board counsel; iv. Identifies any complaint allegations withdrawn; v. Determines the sufficiency of all other complaint allegations which are supported by substantial facts; and vi. Sets forth any additional allegations, if any, from evidence which board counsel has discovered during the investigation, and such allegations shall comply with subsection (B)(1) of this section. This administrative order shall be served or mailed to all parties within seven days of the date it was signed by board counsel. f. Board counsel may, with the concurrence of the board, refer any complaint allegation, or any matter discovered by board counsel during the course of an investigation, to a city or county prosecutor. The board shall adopt policies and procedures to receive a recommendation for such a referral, and when appropriate to concur in such a recommendation. All proceedings involving a recommendation for a referral to a city or county prosecutor shall not be open to the public, nor shall any party, any party's representative, or any party's attorney be allowed to participate. 3. Complaint — Final Determination of Sufficiency — Standard. Board counsel shall make the final determination of the sufficiency of a complaint. A complaint shall be sufficient if it precisely alleges and reasonably describes acts which if true would constitute a prima facie showing of a violation of a specific provision(s) of this code. The purpose of requiring that the board counsel make a determination of sufficiency of the complaint is to ensure that the complaint is supported by identifiable facts, and to ensure that the complaint is not based on frivolous, speculative, or vague allegations. 4. Final Determination of Sufficiency — Administrative Order — Appeal. Ten days after the last settlement meeting, board counsel shall make and enter a determination of sufficiency in the form of a written administrative order which shall be served or mailed to each party. The administrative order shall include findings of fact and conclusions upon which board counsel made the determination of sufficiency or insufficiency. The determination of sufficiency issued by board counsel shall become final and binding 10 days after service or mailing is completed, unless it is appealed to the board. If it is not appealed, the board shall conduct a hearing as set forth Packet Page 137 of 155 in LMC 2.94.085. If, upon appeal, the board determines that the complaint, or a portion thereof, is sufficient or insufficient, it shall enter an appropriate administrative order, and no administrative or other legal review or appeal is available. If the board on appeal finds that the complaint, or a portion thereof, is sufficient, a hearing will be conducted as set forth in LMC 2.94.085. 5. Rights of Parties. Except as provided in subsection (13)(2)(f) of this section, each party to the complaint and the person(s) against whom the complaint was filed, and any other parties as the board may determine should be involved, shall all have the right: a. To attend and participate in person or through a designated representative of a party, and an attorney, during any board counsel meetings, or board hearings; b. In any board hearing on a motion or appeal, to present written and oral argument, supported by affidavits or declarations as may be appropriate, on any legal or factual issues involved in the motion or appeal before the board; and c. In any board hearing on a sufficient complaint, to call witnesses, cross-examine witnesses, and to present written and oral argument on any legal or factual issues involved in the complaint before the board. 6. Violation of the Ethics Code — Remedies. In the event the board's administrative order determines that the individual against whom the complaint was made has violated the code, then the city council may take any of the following actions by a majority vote of the council: a. Admonition. An admonition shall be a verbal nonpublic statement approved by the city council and made by the council president, or his/her designee, to the individual. b. Reprimand. A reprimand shall be administered to the individual by a resolution of reprimand by the city council. The resolution shall be prepared by the city council and shall be signed by the mayor or council president. If the individual objects to the content of such resolution, he or she may file a request stating the reasons for objections with the council president and asking for a review of the content of the resolution of reprimand by the city council. The city council shall review the resolution of reprimand in light of the board's administrative order and the request for review, and may take whatever action appears appropriate under the circumstances. c. Censure. A resolution of censure shall be a resolution read personally to the individual in public. The resolution shall be prepared by the city council and shall be signed by the mayor or council president. The individual shall appear at a city council meeting at a time and place directed by the city council to receive the resolution of censure. Notice shall be given at least 20 calendar days before the scheduled appearance at which time a copy of the proposed resolution of censure shall be provided to the individual. Within seven days of receipt of the notice, if the individual objects to the contents of such resolution, he or she may file a request stating the reasons for objections with the council president and asking for a review of the content of the proposed resolution of censure by the city council. Such a request will stay the administration of the censure. The city council shall review the proposed censure in light of the board's administrative order and the request for review, and may take whatever action appears appropriate under the circumstances. The action of the city council shall be final and not subject to further review or appeal. If no such request is received, the resolution of censure shall be administered at the time and place set. It shall be read publicly, and the individual shall not make any statement in support of, or in opposition thereto, or in mitigation Packet Page 138 of 155 thereof. A censure shall be administered at the time it is scheduled whether or not the individual appears as required. d. Removal — Member of Board, Commission or Committee. In the event the individual against whom the complaint was made is currently a member of a city board, commission, committee, or other multimember bodies nominated by the mayor and confirmed by the city council, the city council may, in addition to the remedies set forth in subsections (13)(6)(a), (b), or (c) of this section, and notwithstanding any other provision of the Lynnwood Municipal Code, by a majority vote remove the individual from such board, commission or committee effective immediately. The action of the city council in the selection and carrying out of remedies shall be final and not subject to further review or appeal. 7. Proceedings Open/Closed. Proceedings by the board, when they relate to action involving a person, shall be made in executive session; however, consistent with RCW 42.30.110(1)(f), upon request of the individual against whom the complaint was made, one or more hearings before the board on a motion or the hearing on a sufficient complaint shall be open to the public. The deliberations of the board shall not be open to the public; however, any final action by the board on any administrative order shall be taken at a meeting open to the public and only after proper public notice is given. 8. Public Records. The complaint, board counsel's administrative order of settlement, an administrative order determining sufficiency or nonsufficiency of a complaint, and any other administrative order of the board shall be considered public records. An administrative order by board council determining that a complaint is sufficient shall contain at the beginning the following specific language: NOTICE: ANY PORTION OF THIS ADMINISTRATIVE ORDER DETERMINING SUFFICIENCY OF ANY PORTION OF A COMPLAINT DOES NOT DETERMINE THE TRUTH OR FALSITY OF THE ALLEGATIONS CONTAINED IN THE COMPLAINT FILED WITH THE BOARD. BOARD COUNCIL HAS ONLY DETERMINED THAT IF CERTAIN FACTS CONTAINED IN THE COMPLAINT ARE FOUND TO BE TRUE DURING A LATER BOARD HEARING THEN A VIOLATION(S) OF THE ETHICS CODE MAY BE FOUND TO HAVE OCCURRED. The city shall release copies of any written reports resulting from an investigation of a complaint and any written censures or reprimands issued by the city council, in response to public records requests consistent with Chapter 42.17 RCW and any other applicable public disclosure laws. 9. Council Action — Executive Session — Councilmember or Mayor Disqualification from Voting. Final action to decide upon remedies by the city council shall be by majority vote in a public meeting. If the proceeding involves a member of the city council, that member shall not vote on any matter involving the member. As provided in RCW 35A.12.100, the mayor may vote in the case of a tie, except if the action is against the mayor. Deliberations by the council may be in executive session; however, upon request of the individual against whom the complaint was made, a public hearing or public meeting before the council will be held on the issue of remedies. C. Advisory Opinions. 1. Upon request of any employee, the mayor or a member of the city council, or any official, the board of ethics may also render written advisory opinions concerning the applicability of the code to hypothetical circumstances and/or situations solely related to the persons making the request. Packet Page 139 of 155 2. Upon request of the mayor, or two members of the city council, the board of ethics may also render written advisory opinions concerning the applicability of the code to hypothetical circumstances and/or situations related to a matter of city-wide interest or policy. (Ord. 2493 § 3, 2004; Ord. 2133 § 1, 1997; Ord. 2112 § 2, 1996) 2.94.085 Conducting a board hearing on motions and a sufficient complaint. A. Evidentiary Standard for Violation — Burden of Proof — Motions — Procedural Administrative Orders — No Appeal. The board shall find a violation of this ethics code, or of state ethical laws which apply to cities, only upon a preponderance of the evidence presented and admitted during a hearing on a sufficient complaint. The burden of proof shall be upon board counsel to prove a violation by a preponderance of the evidence. The board is authorized to conduct hearings on any motion from the parties or board counsel, including motions for summary judgment. The standard of proof for summary judgment shall be that used by the trials courts of this state under Civil Rule 45. The board is authorized to determine and establish by administrative order all necessary and appropriate procedural matters including, but not limited to, scheduling, hearing procedures and other administrative matters regarding a hearing. Any board administrative order shall not be subject to review or appeal. B. Hearing — Time Periods — Tolling of Periods. The board shall conduct a hearing on a sufficient complaint or portion thereof which has not been otherwise disposed of as provided for in this chapter.The board shall begin a hearing no later than 15 working days after the final determination of sufficiency of the complaint unless a longer time period is requested by a party or board counsel, and approved by the board. The board shall render a final administrative order concluding the hearing no later than 90 calendar days after it begins the hearing unless a longer time period has been requested by the board and approved by the city council. However, the running of these two time periods shall be tolled and all proceedings of the board, or as may be applicable to the board counsel's activities in LMC 2.94.080(B), on the complaint, shall be stayed: 1. During any period from when the board files with the council president an application to the city council for subpoena power to the time a council decision on the application is made; 2. During any period from when the board becomes aware that any person refuses to obey such subpoena and until such time as a superior court issues an order on the subpoena and such person complies with that court order; 3. During any period from the date an appeal is made to the board regarding board counsel's administrative order of sufficiency until the board enters a final administrative order deciding the appeal; 4. During any period from the date a summary judgement motion is filed with the board until the board enters a final administrative order deciding the motion; or 5. During any period from the date a referral is made to a city or county prosecuting authority until a determination is made by each prosecuting authority that it will not proceed with a criminal prosecution concerning the matter(s) referred by the board or board counsel, or until a criminal proceeding is terminated or completed. C. Board Administrative Order — Finality — Reconsideration — Recommendations. The board shall render an administrative order and decision setting forth its findings of fact and conclusions of law as to whether or not the individual against whom the complaint was made has violated the code. Its administrative order and decision shall become final 10 working days after its entry, unless a motion for reconsideration is filed. The administrative order may include recommendations for the improvement of the city's ethics code as the board may in its discretion determine. Packet Page 140 of 155 D. Subpoenas — Requests — Authority to Issue — Service. The city council may issue subpoenas on behalf of any party in response to board counsel's or the board's application (which each shall include any party's requests and justification for subpoenas) for the attendance and testimony of witnesses, and the production of documentary evidence, at board counsel meetings of all parties, witness interviews, depositions, or hearings relating to any matter under investigation by board counsel or the board, or in connection with any hearing conducted by the board. Board counsel or the board shall request subpoena power by making a written application to the city council describing in detail the subject matter of the proposed subpoena and an explanation of why such information is reasonably necessary in order to conduct board counsel's or the board's investigation or hearing. The subpoena may be issued in the event the city council determines the subpoena request is reasonable. Board counsel shall be responsible to serve or mail all subpoenas authorized by the city council. In the event any person disobeys a subpoena, board counsel or the board may make a written application (which each shall include any party's requests and justification for enforcement) to the city council to direct the city attorney to invoke the aid of any superior court of the state. Such court may issue an order requiring such person to appear before board counsel or the board, to produce documentary evidence, and/or to provide testimony, and any failure to obey such order may be punished by that court as contempt. E. Right to Fully Participate. No administrative order may be issued by the board unless a person against whom a complaint was made has had a full opportunity to prepare for, and fully participate in, and present information, including affidavits in support or opposition to a motion before the board, and to cross-examine witnesses at the final hearing before the board on the merits of board counsel's final administrative order on sufficiency. F. Service of Administrative Order. A copy of the board's administrative order shall be served or mailed to the city council, the individual against whom the complaint was made, and the complaining party within seven calendar days of the board's presiding officer signing the order, unless a longer time period has been requested by the individual against whom the complaint was made, and has been approved by the board, or unless a longer time period has been requested by the board and has been approved by the city council. (Ord. 2493 § 4, 2004) 2.94.090 Complaints against employees and officials other than the mayor, councilmembers, and members of advisory bodies. Any and all complaints regarding city employees and officials, except for the mayor councilmembers, and members of advisory bodies shall be brought to the employee's supervisor, or mayor. The supervisor, or appropriate individual as determined by the mayor, shall investigate the complaint and recommend to the mayor appropriate action. Any action shall be determined by the mayor, and a report thereof shall be made to the city council in executive session. (Ord. 2112 § 2, 1996) 2.94.095 Alternative procedure for complaints against employees and officials other than the mayor, council members, and members of advisory bodies. A. If it appears after an administrative investigation that a person who reports directly to, or is supervised by, the mayor or that both a person who reports directly to, or is supervised by, the mayor and another employee may have both violated this chapter, then in either situation the mayor shall have an additional alternative procedure. In the discretion of the mayor, if the circumstances require it, or it is in the best interests of the city to strive to avoid even an appearance of impropriety in the conduct of the enforcement of this code, the mayor may refer any complaint within the scope of LMC 2.94.090 to the board of ethics and request it to either: 1. Begin its own investigation and issue written reports to the mayor on any alleged violations of this code which shall include recommendations for action by the mayor; or Packet Page 141 of 155 2. Review only the initial investigation materials provided with the referral, then issue written reports to the mayor on any alleged violations of this code which shall include recommendations for action by the mayor; or 3. Review the initial investigation materials provided with the referral and determine if additional investigation is needed, then issue written reports to the mayor on any alleged violations of this code which shall include recommendations for action by the mayor. B. The mayor's referral shall comply with the requirements for a "specific complaint" as outlined in LMC 2.94.080, except that: 1. The mayor's referral may also include any initial investigation materials or information prepared by third parties other than the mayor; and 2. Since the mayor has sworn to an oath of office and has a legal duty to enforce the law, the referral shall not be required to by signed under penalty of perjury. C. When considering a mayor's referral(s), board counsel and the board shall have: 1. All the authority and responsibilities that it would otherwise have under LMC 2.94.080 and 2.94.085, respectively, while investigating a complaint, holding hearings, and issuing an administrative order for disposition by the city council, including making an application(s) for subpoena powers and the issuing and enforcement of subpoenas under LMC 2.94.085(D); and 2. Authority to recommend to the mayor any action that would otherwise be available to the city council under LMC 2.94.080(B)(6). D. Any final action shall be determined by the mayor, and both the board's written report and a written report of final action taken by the mayor shall be provided to, and reviewed by, the city council in executive session. (Ord. 2493 § 5, 2004) 2.94.100 Liberal construction — Limitation period — Effective date. A. This code shall be liberally construed to effectuate its purpose and policy and to supplement existing laws that relate to the same subject. B. Any action taken under this code must be commenced within three years from the date of violation. C. This code shall take effect March 1, 1997. (Ord. 2112 § 2, 1996) Packet Page 142 of 155 Action: Take item to full Council for further discussion after draft discussion points and possible ordinance language received from Officer Dawson. C. Discussion and potential action regarding possible amendment of City Code 8.48, Parking, Paragraph 8.48.215 B.2. Joan Ferebee, Court Administrator, explained she attended a Parking Committee Meeting to bring to their attention the difficulty the Municipal Court is experiencing with the section of the City Code that allows citizens who receive a parking ticket to pay a reduced fine if the individual pays the fine by the end of the next business day after the issuance of the parking ticket. Generally, the Court does not have the tickets in their system that quickly. Therefore, the individuals can become very angry and upset when they come to the Municipal Court and are not able to pay. Ms. Ferebee stated that the Parking Committee recommended removing the section of the Code that allows for a reduced fine if it is paid by the end of the next business day. Councilmember Peterson stated that he was in agreement with eliminating the reduced fine. He stated that he would work with the City Attorney to create an ordinance to place on the consent agenda. Councilmember Bloom was in agreement. Action: Councilmember Peterson will work with the City Attorney to create an ordinance eliminating the reduced fine. The Ordinance is to be placed on a future Consent Agenda for approval. D. Student and Senior Volunteers Councilmember Bloom stated she would like to support the Boards and Commissions in obtaining student volunteers. She suggested that a senior volunteer could assist Jana Spellman, Senior Executive Council Assistant, in getting the word out to the various schools. Councilmember Peterson suggested Ms. Spellman could email the school board or a volunteer coordinator in the school system to determine if there are students interested in volunteering. Councilmember Bloom suggested a senior volunteer could work with Jana to develop a framework for contacting all of the schools with the appropriate person to contact and to advertise. Councilmember Peterson cautioned that managing a volunteer can take more time. He suggested talking with the Council President as she is in charge of Ms. Spellman's schedule. Councilmember Bloom also recalled that at the Council Retreat, Councilmember Johnson suggested an event be held to recognize city volunteers. Councilmember Bloom stated she will discuss with the Mayor the idea of scheduling a yearly event. E. Ethics Board and Code of Ethics Councilmember Bloom suggested narrowing down the list of sample policies from other cities for the City Attorney to work with in developing the policy for Edmonds. She suggested using the policies from the cities of Bainbridge Island, Lynnwood and Monroe. Public Safety & Personnel Committee March 12, 2013 Page 2 of 3 Packet Page 143 of 155 Councilmember Bloom stated that she would like the policy to include appointed officials (directors) in addition to elected officials and members of boards and commissions. Councilmember Peterson stated that he did not think the policy needed to address appointed officials (directors) as they answer to the Mayor. The Committee concluded that a further discussion on a Code of Ethics policy would be scheduled for the April Committee Meeting to determine which policy will be sent to the City Attorney. F. Discussion regarding taking minutes during Council Committee Meetings. Councilmember Peterson stated that if detailed/complete minutes are desired it would be necessary to pay someone to attend the meetings for this purpose. If action minutes are prepared (which is the way it has generally always been done), then he did not think councilmembers should take the minutes as it is difficult to participate in the discussion and take minutes. Councilmember Bloom agreed that councilmembers should not take minutes. After discussion, Councilmembers Bloom and Peterson agreed on the following recommendation: • Action minutes for committee meetings, prepared by staff members in attendance. • If a controversial item is scheduled, arrangements for more detailed minutes will be made. • Summary comments made by citizens should be included. Committee members will summarize citizen comments if no staff is available. • Work with Council President related to agenda items to make sure a staff member is available for each item discussed at the committee meeting. • Committee minutes are to be forwarded to committee chairs for review (as time allows). G. Public Comments There were no public comments. The committee meeting adjourned at 8:17 p.m. Public Safety & Personnel Committee March 12, 2013 Page 3 of 3 Packet Page 144 of 155 CITY OF KIRKLAND CODE OF CONDUCT FOR CITY COUNCIL AND BOARDS AND COMMISSIONS The Code of Conduct is supplemental to the Kirkland Municipal Code and the Code of Ethics and applies to the City Council and all members of City advisory boards and commissions. The Code of Conduct describes how Kirkland officials treat each other and work together for the common good of the community. Conducting the City's business in an atmosphere of respect and civility is the underlying theme in this code. City Officials are responsible for holding themselves and each other accountable for displaying actions and behaviors that consistently model the ideals expressed in the code. Implicit in the Code of Conduct is recognition of the worth of individual members and an appreciation for their individual talents, perspectives and contributions. The Code will ensure an atmosphere where individual members, staff and the public are free to express their ideas and work to their full potential. As a City Official of the City of Kirkland, I agree to these principles of conduct.• We consistently demonstrate the principles ofprofessionalism, respect and civility in working for the greater good of Kirkland, We assure fair and equal treatment of all people. We conduct ourselves both personally and professionally in a manner that is above reproach. We refrain from abusive conduct, personal charges or verbal attacks on the character or motives of Council members, commissioners, staff and the public. We take care to avoid personal comments that could offend others. We show no tolerance for intimidating behaviors. We listen courteously and attentively to all public discussions and treat all people the way we wish to be treated. We serve as a model of leadership and civility to the community. Our actions inspire public confidence in Kirkland government. Packet Page 145 of 155 Keeping in mind the common good as the highest purpose, we will focus on holding efficient meetings that achieve constructive solutions for the public benefit, We work as a team to solve problems and render decisions that are based on the merits and substance of the matter. We respect differences and views of other people. We adhere to the principles and laws governing the Council/Manager form of government and treat all staff with respect and cooperation. We will refrain from interfering with the administrative functions and professional duties of staff. We will not publicly criticize individual staff but will privately communicate with the City Manager any concerns about a Department or Department Director or staff person. We will refrain from negotiating or making commitments without the involvement and knowledge of the City Manager. We will work with staff in a manner that consistently demonstrates mutual respect. We will not discuss personnel issues, undermine management direction, or give or imply direction to staff. We will communicate directly with the City Manager, department directors or designated staff contacts when asking for information, assistance or follow up. We will not knowingly blindside one another in public and will contact staff prior to a meeting with any questions or issues. We will not attend City staff meetings unless requested by staff. I acknowledge that I have received and read this Code of Conduct Name Date Packet Page 146 of 155 AM-5923 City Council Committee Meetings Meeting Date: 07/09/2013 Time: 10 Minutes Submitted For: Councilmember Peterson Submitted By. Jana Spellman Department: City Council Committee: Public Safety, Personnel Tyne: Information Information Subject Title Review of appointment of two new members to the Edmonds Public Facilities District Board. Recommendation N/A Previous Council Action Council has, historically, put confirmation of PFD Board members on the consent agenda. 3. E. Narrative On Tuesday, June 11 the PFD Board voted unanimously to nominate Larry Ehl and Susan Loreen for appointment to the Edmonds PFD Board. PFD Board members Terry Vehrs and John McGibbon retired from the Board (due to term limits) effective June 30, 2013. Edmonds City Councilmember and Council PFD Liaison Strom Peterson attended the interviews for all five of the highly qualified candidates. He was also present for the PFD vote to nominate Mr. Ehl and Ms. Loreen. Attach 1: Larry Ehl EPFD Letter of Interest Attach 2: Larry Ehl PFD application Attach 3: Ehl Resume Attach 4: Suan Loreen Application.pdf Attach 5: Loreen ResumeRD 13 Attach 1: Larry Ehl EPFD Letter of Interest Attach 2: Ehl PFD application Attach 3: Ehl Resume Attach 4: Loreen PFD Application Attach 5: Loreen Resume Inbox Reviewed By City Clerk Sandy Chase Mayor Dave Earling Finalize for Agenda Sandy Chase Form Started By: Jana Spellman Final Approval Date: 07/05/2013 Attachments Form Review Date 07/03/2013 11:26 AM 07/05/2013 11:01 AM 07/05/2013 11:02 AM Started On: 07/03/2013 10:36 AM Packet Page 147 of 155 Nationally -recognized funding and policy analysis and news in short, kitchen -table english May 13, 2013 Joseph Mclalwain, Executive Director Edmonds Public Facilities District Edmonds, Washington - via email - Dear Joe and EPFD Board Members, Please find attached my application to join the Board of the Edmonds Public Facilities District. My family and I have lived in Edmonds since 1999 and in south Snohomish County since 1990. Our children grew up performing and attending performances at the ECA facilities. I have been active in the community in the past as an elected and re-elected member of the Edmonds School Board (1997-2002), the Cascade Land Conservancy's (now Forterra) Puget Sound and Snohomish County Boards, the Edmonds Public Education Foundation, and the Alderwood Rotary. My professional experiences include public and private sector government relations and policy work. I have been an advocate to elected officials on behalf of private and public agency employers, and served as an elected official and congressional staffer lobbied by others. Two themes run through my community and professional experiences. First, I have worked with a variety of stakeholders holding different and sometimes conflicting perspectives and goals about difficult and contentious issues, and worked to build final consensus. Second, I participated in and/or led the development and execution of strategy, communications and advocacy. Due to a long work commute and then focusing on opening and operating a one -person business, I dialed back my community involvement over the past few years. I am now at a place where I wish to reengage in community service for an organization which could benefit from my experience and skills. I believe the ECA is an important, valuable resource for Edmonds and the surrounding communities. Working with the EPFD and ECA Boards, and the Edmonds City Council and other stakeholders to maintain and expand the success of the ECA would be interesting and an honor. Thank you for considering my application. Best Regards, tMan F Larry Ehl Packet Page 148 of 155 °V E°mod City of Edmonds Citizen Board and Commission Application (Please print or type) T690 �190 Edmonds Public Facilities District (Board or Commission) Name Larry Ehl Date Please complete the following whether or not a resume or additional information is attached. Occupational status and background Publisher, Editor of Transportation Issues Daily, a national newsletter and website about transportation policy and funding issues. Background: 30 years in public & rivate sector government relations, communications; former Edmonds School Board Member, 1997-2002 Organization affiliations Assoc. of Washington Business. No others at this time, have been focused on starting a small business. Previous: Alderwood Rotary, Cascade Land Conservancy, United Way of Snohomish County, Edmonds Public Education Foundation Why are you seeking this appointment? I am looking for an opportunity to reengage in community service for an organization which could utilize my experience and skills. I believe the ECA is an important regional and community resource, and I would enjoy being part of a team working to maintain and perhaps grow the ECA's service to the community and region. What skills and knowledge do you have to meet the selection criteria? Many years of strategic planning and direction, and public involvement and engagement, during service on boards of Edmonds School District and Cascade Land Conservancy. 25 years public policy advocacy experience. Additional comments (use back of this sheet, if necessary) I would appreciate the opportunity to work with the EPFD board, the ECA Board, the Edmonds City Council and other stakeholders to maintain and expand the success of the Edmonds Center for the Arts. Signature Please return this completed form to. - Mail: Attn. Joe McIalwain 410 4t" Ave. N., Edmonds, WA 98020 Fax: 425.275.4485 email: joe@ec4arts.org Or deliver to Edmonds Center for the Arts, Administrative office (410 4`" Ave. N.) Packet Page 149 of 155 Larry Ehl Profile Senior executive with 25+ years of public and private sector experience in creating and executing strategic advocacy and communications plans to achieve organization goals. Recognized as a personable leader who builds positive relationships with policy makers, industry and community leaders, and who uses a levelheaded, proactive, creative and nonpartisan approach in addressing policy and communications issues. Selected Advocacy Achievements Secured project funding and policy proposals in federal transportation legislation • Led and coordinated WSDOT Secretary's involvement as Chair of several national coalitions and committees. • Fregeuent speaker at conferences and meetings and quoted regularly in press • Created advocacy plan that convinced USDOT to establish an inter -agency working group • Co-authored strategy that created the national Public Ferry Agencies Coalition • Led and coordinated a week-long Federal Funding and Policy educational exchange for Governor's staff in DC • Coordinated Alaska Way Viaduct and Ferries tour for Senate Appropriations, USDOT staff Wrote presentations for National Surface Transportation Policy & Revenue Study Commission Served as Secretary for Western Association of State Departments of Transportation • Assisted in generating strategy that formalized the West Coast Corridor Coalition • Developed federal transportation issue blog that became widely read and referenced • Influenced federal agency to modify regulatory proposal, saving five operating plants • Designed and executed corporate internal communications on critical public policy issue that generated positive employee feedback and was adapted by other companies • Stopped a key legislative proposal that seriously threatened the industry's and company's competitive edge in intellectual capital • Countered activist groups & prevented negative press on highly visible, controversial issue • Selected to address a national convention on "How To Lobby Effectively' • Member of Edmonds School Board that was selected as state's School Board of the Year and later won the state 2001 Diversity Award for outstanding efforts to promote and value diversity/multicultural education, and served as President. Packet Page 150 of 155 Experience Transportation Issues Daily / Ehl Advocacy Services (May 2011 — Present) Publisher / Principal Transportation Issues Daily is a weekly e-newsletter and daily blog that offers short stories and analysis about policy and funding issues about all modes, in kitchen -table language. Ehl Advocacy provides strategic and communications counsel to help clients increase the odds of securing funding and/or achieve legislative or regulatory goals. Washington State Dept of Transportation, Olympia (March 2009 — April 2011) Federal Relations Manager Develop and execute legislative and communications strategies. Provide counsel on legislative, communications, and policy issues to DOT Secretary and executives, the Governor's office, State Agencies, Congressional offices and coalitions. Act as Agency's primary liaison to Congress and USDOT. Represent WSDOT in, and assist in developing advocacy plans for, national associations and coalitions. Write briefing papers, testimony, speeches, and letters for executives, trade associations and coalitions. Partnership For Learning (April 2008 — March 2009) Executive Director Develop and execute strategic advocacy, communications and fundraising plans. Serve as a spokesman for business community's interests in public education. Washington State Dept of Transportation, Olympia (March 2002 — April 2008) Director of Government Relations (July 2007 — April 2008) Federal Relations Manager (March 2002 - July 2007) See above description. Fisher Communications, Seattle (1995 — 2001) Director of Coraorate & Government Relations Direct corporation's involvement in federal, state and local legislative and regulatory issues. Monitor and analyze legislative actions, develop and execute communications and legislative strategies. Write briefing papers, testimony, speeches and letters for executives, trade associations and coalitions. Serve as company's advocate, decision -maker, and public speaker in selected business and trade organizations. U.S. Senator Slade Gorton, Washington, DC and Seattle (1989 — 1995) Chief Of Staff (1994—1995); Deputy State Director (1992—1993). Bullock's, Los Angeles (1983 — 1988) Direct Mail Marketing Manager; Credit Marketing Manager; Customer Service Supervisor. Packet Page 151 of 155 Education Master of Arts, Adult Education and Training; Seattle University; 1983 Bachelor of Arts, History; University of Washington; 1981 Selected Professional and Community Involvement Cascade Land Conservacy Board, Snohomish County Board (1998-2004) Board of Directors, Edmonds School District (1997 - 2002) Packet Page 152 of 155 City of Edmonds Citizen Board and Commission Application (Please print or type) Edmonds Public Facilities District (Board or Commission) Name Susan Loreen Date May 20, 2013 Please complete the following whether or not a resume or additional information is attached. Occupational status and background Vice President for Workforce Development at Edmonds Community College. Previous positions: Dean, Business Division, Director of Continuing Education, Director of Online Learning, instructor. Edmonds Community College. Organization affiliations Past president and current Vice -President of the Edmonds Arts Festival Foundation. Member, Edmonds Chamber of Commerce Economic Development Committee, member "425 Launch", Member of Small Business Board, Economic Alliance of Snohomish County Why are you seeking this appointment? I have been active in the foundation side of the arts communit for several years and I am interested in continuing to help promote the arts and the positive economic and cultural impact they have on their communities. The ECA has had a tremendous impact on our community. It is one of our greatest regional assets and I would like to help it continue to meet its mission and goals by serving on the Edmonds PFD. What skills and knowledge do you have to meet the selection criteria? I have over 20 years of managerial experience at a public institution. I have experience in strategic planning, budget development, economic analysis, public policy analysis and working with arts facilities. Additional comments (use back of this sheet, if necessary). I am very interested in this position and I believe I could utilize my past experience, skills and knowledge to sypport the City of Edmonds and the ECA by serving on the EPFD. Thank you Signature Please return this completed form to. - Mail: Attn. — Joe McIalwain 410 4th Ave. N., Edmonds, WA 98020 Fax: 425.275.4485 email: joe@ec4arts.org Or deliver to Edmonds Center for the Arts, Administrative office (410 4th Ave. N.) Packet Page 153 of 155 SUSAN LORE EN EXPERIENCE July 2011 to Present, Edmonds Community College Vice President, Workforce Development • Serve as representative for the college to the community for on -going collaboration with business, industry and public organizations • Direct workforce and economic development programs and act as the second senior administrator responsible for the direction of professional technical programs at the college • Serve as liaison with the State Board for Community and Technical Colleges on all workforce areas • Develop initiatives and work with industry partners and community organizations to improve and enhance educational programs and provide opportunities for students January, 2000 to June, 2011, Edmonds Community College Dean, Business Division • Provided leadership, management and support for over 120 faculty and staff, generating over 3700 FTEES per year • Directed budget of $2.2 million, manage division grants and contracts, oversee all campus food services and outlets, write and manage grants and contracts, promote and advocate for division programs • Worked with the Vice President for Instruction and division deans to provide strategic planning, resources and support for instructional programs • With the Vice President for Workforce Development and workforce deans, developed and implemented strategies and operations to meet state guidelines, market programs, develop new certificates and degrees 1988-1999, Edmonds Community College Director of Distance Learning, Assistant Director of Continuing Education Programs • Established one of the first online teaching programs in Washington, led effort to establish first state-wide Distance Learning Council, chaired state-wide organization • Developed and managed contract training and self-support programs in computer information technology and management for Boeing, Tulalip Tribes, Snohomish County, AT&T and other businesses and organizations in Snohomish and King Counties EDUCATION • Master's of Education, University of Washington Packet Page 154 of 155 Bachelor's Degree, Political Science, University of Oregon Packet Page 155 of 155