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2013-12-10 City Council - Public Agenda-1527'4- o 90� AGENDA EDMONDS CITY COUNCIL Council Chambers — Public Safety Complex 250 5th Avenue North, Edmonds SPECIAL MEETING December 10, 2013 6:00 P.M. - CALL TO ORDER / FLAG SALUTE 1. Roll Call 2, Approval of Agenda 3. Approval of Consent Agenda Items A. Approval of City Council Meeting Minutes of November 26, 2013 and December 3, 2013. B. Approval of claim checks #205766 through #205897 dated December 5, 2013 for $470,498.28. Approval of payroll direct deposit and checks #60681 through #60694 for $449,968.87, benefit checks #60695 through #60707 and wire payments of $243,479.90 for the period November 16, 2013 through November 30, 2013. C. Acknowledge receipt of a Claim for Damages from Kimberly Huneke (amount undetermined), and Ratelco Properties Corp. ($50,000.68) 4, Audience Comments (3 Minute Limit Per Person)* *Regarding matters not listed on the Agenda as Closed Record Review or as Public Hearings 5. (60 Minutes) Parks, Recreation, and Open Space draft plan presentation 6. (15 Minutes) Discussion and Potential Action for a Code of Conduct 7. (15 Minutes) Discussion and potential action on resolution adopting policy regarding Councilmember participation by speaker phone or other technology. 8, (5 Minutes) Mayor's Comments 9. (15 Minutes) Council Comments Packet Page 1 of 400 ADJOURN TO 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. 10. Finance Committee Meeting Location: Council Chambers A. (5 Minutes) 2014 Hourly Wage Scale B. (10 Minutes) Municipal Employees' Benefit Trust Plan Restatement C. (10 Minutes) 2013 Final Budget Amendment D. (10 Minutes) 2013 October Budgetary Financial Report E. (10 Minutes) Review Interlocal Agreement Clarification between City and EPFD F. (15 Minutes) Council Notification on Financial Reporting G. (5 Minutes) Refinancing of City of Edmonds 2003 UTGO Bonds H. (5 Minutes) Utility Tax Rate Renewal Ordinance. I. (5 Minutes) Authorization to Contract with James G. Murphy to Sell Surplus City Vehicles J. (10 Minutes) Public comments (3-minute limit per person) 11. Parks. Planning & Public Works Committee Meeting Location: Jury Meeting Room A. (10 MinuteS) Docket of Proposed Comprehensive Plan Amendment and proposed re -zone for Unocal lower yard. B. (5 Minutes) Authorization for Mayor to sign professional services agreements with KPG for the 15th St. SW Walkway, 236th St. SW Walkway, and 238th St. SW Walkway projects C. (5 Minutes) Authorization for Mayor to approve acceptance and recording of a Storm Drainage Easement Transfer and Access Easement Grant Agreement for 1142 Vista Place D. (5 Minutes) Authorization for Mayor to approve acceptance and recording of an Asset Transfer Agreement for 645 9th Avenue North E. (5 Minutes) Authorization for Mayor to approve acceptance and recording of a Sanitary Sewer Easement Release and Grant Agreement for 620 Sunset Ave. F. (5 Minutes) Report on final construction costs for the 224th St. Waterline Relocation Project and acceptance of project G. (10 Minutes) Public comments (3-minute limit per person) 12. Public Safety and Personnel Committee: Meeting Location: Fourtner Room, Edmonds City Hall 1: 00 p.m. The Public Safety and Personnel Committee will not meet tonight. Instead, the Committee will meet at 1:00 p.m. in the City Hall Fourtner Room, located at 121 5th Avenue N, Edmonds. The meeting is open to the public. A. Renewal of an Interlocal Agreement between the City of Edmonds and the Edmonds School District for football game security Packet Page 2 of 400 $, Supplemental Agreement (2) to the Services Agreement with Cellmark Forensics, Inc. for DNA Testing C, Human Resources Assistant (part-time) job description Public comments (3-minute limit per person) Packet Page 3 of 400 AM-6387 City Council Meeting and Committee Meetings Meeting Date: 12/10/2013 Time: Consent Submitted By: Scott Passey Department: City Clerk's Office Committee: Tyne: Action Information Subject Title Approval of City Council Meeting Minutes of November 26, 2013 and December 3, 2013. Recommendation Review and approval. Previous Council Action Narrative Attached are copies of the draft minutes. Attachments 11-26-13 Draft Council Meeting Minutes 12-03-13 Draft Council Meeting Minutes Form Review Form Started By: Scott Passey Started On: 12/05/2013 09:33 AM Final Approval Date: 12/05/2013 3. A. Packet Page 4 of 400 EDMONDS CITY COUNCIL DRAFT MINUTES November 26, 2013 The Edmonds City Council meeting was called to order at 6:00 p.m. by Mayor Earling in the Council Chambers, 250 5"' Avenue North, Edmonds. ELECTED OFFICIALS PRESENT Dave Earling, Mayor Lora Petso, Council President Strom Peterson, Councilmember Frank Yamamoto, Councilmember Joan Bloom, Councilmember Kristiana Johnson, Councilmember Adrienne Fraley-Monillas, Councilmember Diane Buckshnis, Councilmember ROLL CALL STAFF PRESENT Al Compaan, Police Chief Stephen Clifton, Community Services/Economic Development Director Phil Williams, Public Works Director Roger Neumaier, Finance Director Carrie Hite, Parks & Recreation Director Rob Chave, Acting Development Services Dir. Rob English, City Engineer Sarah Mager, Accounting Supervisor Debra Sharp, Accountant Jeff Taraday, City Attorney Scott Passey, City Clerk Jana Spellman, Senior Executive Council Asst. Jeannie Dines, Recorder City Clerk Scott Passey called the roll. All elected officials were present. 2. CONVENE IN EXECUTIVE SESSION REGARDING PENDING AND POTENTIAL LITIGATION PER RCW 42.30.110(1)(i) At 6:02 p.m., Mayor Earling announced that the City Council would meet in executive session regarding pending and potential litigation per RCW 42.30.110(1)(i). He stated that the executive session was scheduled to last approximately 60 minutes and would be held in the Jury Meeting Room, located in the Public Safety Complex. No action was anticipated to occur as a result of meeting in executive session. Elected officials present at the executive session were: Mayor Earling, and Councilmembers Yamamoto, Johnson, Fraley- Monillas, Buckshnis, Peterson, Petso and Bloom. Others present were City Attorney Jeff Taraday and City Clerk Scott Passey. The executive session concluded at 7:03 p.m. Mayor Earling reconvened the regular City Council meeting at 7:05 p.m. and led the flag salute. 3. APPROVAL OF AGENDA COUNCIL PRESIDENT PETSO MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO APPROVE THE AGENDA IN CONTENT AND ORDER. MOTION CARRIED UNANIMOUSLY. 4. APPROVAL OF CONSENT AGENDA ITEMS Council President Petso requested Item E be removed from the Consent Agenda. Packet Page 5 of 400 COUNCILMEMBER PETERSON MOVED, SECONDED BY COUNCIL PRESIDENT PETSO, TO APPROVE THE BALANCE OF THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: A. APPROVAL OF CITY COUNCIL MEETING MINUTES OF NOVEMBER 19, 2013 B. APPROVAL OF CLAIM CHECKS #205493 THROUGH #205646 DATED NOVEMBER 21, 2013 FOR $1,030,376.55. APPROVAL OF PAYROLL DIRECT DEPOSIT AND CHECKS #60571 THROUGH #60583 AND REPLACEMENT CHECK #60593 FOR $443,640.07, BENEFIT CHECKS #60584 THROUGH #60592 AND WIRE PAYMENTS OF $123,102.61 FOR THE PERIOD NOVEMBER 1, 2013 THROUGH NOVEMBER 15, 2013 C. ACKNOWLEDGE RECEIPT OF CLAIMS FOR DAMAGES FROM SANDRA K. LUCE (AMOUNT UNDETERMINED) AND PEGGY ROSS (AMOUNT UNDETERMINED) D. AUTHORIZE MAYOR TO SIGN CONTRACT TO AWARD BID FOR CITY PARK PLAY EQUIPMENT F. AUTHORIZATION FOR MAYOR TO SIGN AND APPROVE THE SETTLEMENT AND RELEASE AGREEMENT FOR THE ANDERSEN PROPERTY AS PART OF THE FIVE CORNERS ROUNDABOUT PROJECT G. APPROVAL OF PAYMENTS FOR KELLY DAY BUY BACK (CHECKS #60594 THROUGH #60627) FOR LAW ENFORCEMENT COMMISSIONED EMPLOYEES IN THE AMOUNT OF $37,013.18 AND HOLIDAY BUY BACK (CHECKS #60628 THROUGH #60680) FOR LAW ENFORCEMENT COMMISSIONED EMPLOYEES AND LAW ENFORCEMENT SUPPORT SERVICE EMPLOYEES IN THE AMOUNT OF $126,170.21 PER UNION CONTRACTS Item E: AUTHORIZE MAYOR TO SIGN FIRST AMENDMENT TO CONTRACT WITH CAROL MORRIS TO PROVIDE LEGAL SERVICES RELATED TO THE POINT EDWARDS BUILDING 10 CLOSED -RECORD APPEAL COUNCIL PRESIDENT PETSO MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO APPROVE ITEM E WITH THE CHANGES THAT MR. TARADAY HAS MADE, CHANGING THE AMOUNT TO AN ADDITIONAL $5,000 FOR THE CAROL MORRIS CONTRACT UP TO A TOTAL OF $10,000 AND WITH THE UNDERSTANDING THAT BY APPROVING ITEM E, COUNCIL IS ALSO AUTHORIZING THE COUNCIL PRESIDENT TO PAY THE ADDITIONAL INVOICES FROM THE COUNCIL CONTINGENCY BUDGET ITEM. MOTION CARRIED UNANIMOUSLY. 5. AUDIENCE COMMENTS Natalie Shippen, Edmonds, said the City's sign code is largely meaningless because it regulates little and does not enforce what it regulates. Premise is defined as the actual physical area of the lot by which a sign is posted except within the boundaries of the BC and BD in the Downtown Activity Center where premises shall include any portion of the public sidewalk that fronts upon the lot, essentially giving the public sidewalk to the adjacent business. There is no enforcement except upon public complaint and anyone who requests investigation of a possible violation must provide their name. She concluded the sign code needed sweeping revisions. She disagreed with Mr. Chave's plan to work on solutions with the business community, pointing out businesses are the problem not the solution. She suggested the Council appoint a group of citizens with no economic interest in Edmonds work with Mr. Chave to revise the sign code. She suggested the group be provided sign codes from cities that have successfully attracted tourists such as Poulsbo and Port Townsend. Packet Page 6 of 400 Roger Hertrich, Edmonds, referred to the proposed budget amendment to increase funding for the SR104 study from $50,000 to $150,000, and recommended the Council identify the reason for the study and/or the problem to be solved. Next, he questioned the amendment proposed by Council President Petso to reduce REET funding for paving. He also said the proposed budget included too many new hires and suggested placing the funds for new hires into the Council Contingency fund for consideration in 2014. Bruce Witenberg, Edmonds, was appalled that some Councilmembers who profess to be public safety advocates do not support Police Chief Compaan's decision packages. He recalled comments he made at the last Council meeting regarding some Councilmembers' distrust of directors and their attempts to micromanage departments, finding this another example. Chief Compaan has the experience and expertise to make these recommendations; when cut were necessary, Chief Compaan offered not to fund the assistant police chief position for one year. He urged the Council to demonstrate their support for public safety by approving the decision package for a second assistant police chief position as well as the other Police Department decision package to add a police officer. 6. VETERANS' PLAZA UPDATE Parks & Recreation Director Carrie Hite explained during the process of naming the mini park, there was a great deal of interest by the community in establishing a veterans' park. Following that process, she committed to working with a group to develop ideas for a veterans' park. Councilmember Peterson participated in the group as well as Ron Clyborne and Planning Board Member Neil Tibbott. The group discussed various locations for a veterans' park/plaza and identified the plaza outside the Public Safety building. If the Council agrees with the proposed location, the group will develop a design for a veterans' plaza and funding options. Ron Clyborne, member of Veterans of Foreign Wars, American Legion, and Vietnam Veterans of America, advised there are over 500 members in these organizations and they, various Rotary Clubs, the Boots to Books Program at Edmonds Community College and various other service organizations support identifying a location in Edmonds to honor veterans. Edmonds is one of the few communities in the United States of this size and stature that does not have a location that honors veterans other than the monuments in front of the museum which is proposed to be moved. The proposed location for the Veterans Plaza, the plaza in front of the Public Safety building, is already a plaza and has two flagpoles, one that flies the American flag and the MIA/POW flag. The service organizations originally discussed a memorial park but now look forward to naming this location Veterans' Plaza to honor fallen heroes who did not return as well as honor veterans who have returned. He was a Marine in Vietnam and was one of the lucky ones able to return. Mr. Clyborne explained the VFW and American Legion have set aside money to research and review what could be done in conjunction with the Parks and Planning Departments and the support of the City Council. It is the sacred obligation to honor the memory of veterans who sacrificed so much in the defense of liberty, freedom and the American way. In light of the willingness of those men and women who accepted the responsibility to defend America and who sacrificed so much in the discharge of their duties, creation of Veterans' Plaza would serve as a demonstration of the community's lasting gratitude and the high esteem in which they are held. Councilmember Peterson thanked Parks & Recreation Director Carrie Hite and Parks Maintenance Manager Rich Lindsay for developing creative solutions. He also recognized Mr. Clyborne and Mr. Tibbott and other members of the community who participated in identifying a location. He found this a perfect opportunity and placement for a Veterans' Plaza with the firefighters' memorial nearby and the Public Safety building, all great representations of first responders. The plaza is easily accessible and provides a place for veterans to enjoy and reflect on their and others' service. He asked the Council for their support in proceeding with developing design ideas. He summarized this is a great opportunity for Edmonds and he was honored to be part of it. Packet Page 7 of 400 Councilmember Fraley-Monillas commented this was a great idea that showed respect. Both her parents served in WWII; this location is a more appropriate way to honor veterans than the park in the ferry holding area. She commended whoever identified the Public Safety building plaza. Ms. Hite credited Mr. Lindsay with developing the idea. 7. COUNCIL DISCUSSION AND POSSIBLE ACTION ON PROPOSED AMENDMENTS TO THE 2014 BUDGET Mr. Neumaier explained the Council reviewed the Mayor's recommended budget in October. Last week the Council reviewed and discussed proposed budget amendments. Testimony has been taken during several Council meetings and will be taken again tonight. The schedule targets December 3 for budget adoption. Tonight's schedule includes action on proposed amendments. He explained Councilmembers received a list of proposed amendments; the list groups related budget amendments which can be passed as a group or individually. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER YAMAMOTO, TO PUT THE MAYOR'S BUDGET ON THE TABLE FOR DISCUSSION. Councilmember Buckshnis requested further information regarding the property tax ordinance. Mr. Neumaier clarified the Council will amend the budget tonight but the budget will not be acted on tonight. He will provide further information regarding the property tax ordinance and the Council needs to vote on the property tax ordinance tonight. MOTION CARRIED UNANIMOUSLY. Mr. Neumaier explained Council motions on amendments, either individually or as a group, will be followed by discussion of specific issues and a vote. Some of the budget amendments early on the list affect later amendments. Accounting Supervisor Sarah Mager demonstrated how the spreadsheet will be updated as amendments are approved. Mr. Neumaier explained the vote on the property tax ordinance will occur after the amendment discussion and a decision whether to levy a 1% increase in general property tax. He will make a presentation on the property tax ordinance at that time. The state requires the property tax ordinance to be adopted by November 30, 2013. Council President Petso asked the effect on the General Fund ending balance if the Council approves all the proposed amendments. Mr. Neumaier answered it would increase fund balance at the end of 2014 by $62,967. The projection in out years is a decrease of $137,000. Councilmember Buckshnis pointed out not approving Package #3 will have a $95,000 impact on the budget. Mr. Neumaier explained if the Council does not approve Package #3, the budget stands as proposed by Mayor Earling. If the Council approves Package #3, it reduces Mayor Earling's proposed budget by $10,067. Public Testimony There were no members of the public present who wished to provide comment. Mr. Neumaier briefly reviewed each amendment package followed by Council discussion and action: Pkg # Proposed Amendment Description Revenue $ Expense $ Fund Requester 1 Development Services Building Professional $32,000 001 Chave Services information omitted from recommended budget Packet Page 8 of 400 COUNCIL PRESIDENT PETSO MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO APPROVE PACKAGE #1, ADDING $32,000 INTO THE BUDGET FOR PROFESSIONAL SERVICES. At Councilmember Bloom's request, Acting Development Services Director Rob Chave explained building professional services covers external reviews, particularly complex projects where structural reviews are sent to a consultant. There are several projects in the coming year that meet that criterion such as the Swedish - Edmonds emergency room expansion. This proposed amendment anticipates those required expenditures. Councilmember Bloom relayed her understanding this was not an ongoing expense. Mr. Chave agreed it would vary year-to-year depending on activity. UPON ROLL CALL, MOTION CARRIED UNANIMOUSLY. Pkg # Proposed Amendment Description Revenue $ Expense $ Fund Requester 2 Eliminate Decision Package #5 — Non- Departmental Longevity Program (31,900) 001 Buckshnis Councilmember Buckshnis preferred that Package #2 be discussed by Council committee; she had some ideas about handling longevity in other ways. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO APPROVE PACKAGE #2, ELIMINATING DECISION PACKAGE #5, NON - DEPARTMENTAL LONGEVITY PROGRAM. Councilmember Peterson did not support the motion, recalling this was proposed by a consultant in February. The Council approved some of the consultant's recommendations but delayed a decision on this recommendation. When it was discussed again a few months ago, it was delayed until the budget forecast determined whether there funds were available. The Mayor's budget indicates there are funds for this item. He was frustrated by the Council kicking the can further down the road. He was also concerned that the Council was willing to pay $30,000 - $40,000 for contract labor but was not willing to support existing City staff who may do some of the work the Council wanted to outsource. The nonrepresented employees who have worked for the City a long time deserve this compensation; it is a nod of appreciation to what staff has done, particularly during the past 10 years during staff shortages and budget cuts. He concluded it was important to give nonrepresented employee the longevity program that many other employees receive. Councilmember Fraley-Monillas pointed out other employees received longevity pay as part of a negotiated package; those employees gave concessions in order to receive the longevity. She agreed this decision has been delayed twice and reappeared in the Mayor's budget. She recalled the Council's previous action was to not give longevity pay; it was not to delay a decision until the budget. Councilmember Buckshnis was hopeful this issue could be resolved in the coming year. In her conversations with Parks & Recreation Director Carrie Hite, there are a variety of ways monetary value can be provided to long term employees. A lump sum is among the options being reviewed by the auditor and Mr. Taraday. Councilmember Yamamoto commented $31, 900 for approximately 40 employees was very minimal. He supported rewarding employees for their work; without that, there was no incentive for them to stay. He did not support the motion. Councilmember Johnson commented there were very different budgetary circumstances when the Council last discussed this. She was interested in longevity pay for employees with 20+ years of service. The current proposal is to reward employees at incremental 5-year steps. The cost to provide 1 % to nonrepresented Packet Page 9 of 400 employees who have been employed 20+ years would be $6,500 and $13,000 to provide 2%. She favored true longevity pay for employees with 20+ years of service. MOTION CARRIED (5-2), COUNCILMEMBER PETERSON AND YAMAMOTO VOTING NO. Pkg # Proposed Amendment Description Revenue $ Expense $ Fund Requester 3 Decision Package # 16: An additional policeman rather than another Assistant Chief (10,067) 001 Buckshnis COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO APPROVE PACKAGE #3, TO ADD A POLICEMAN RATHER THAN AN ANOTHER ASSISTANT CHIEF. Councilmember Buckshnis said this amendment was the result of her meeting with four citizens; she may now vote against the motion. She found the information that Police Chief Compaan provided compelling; the budget includes another police officer and another supervisor is needed for the 51 commissioned officers in the Police Department. Councilmember Peterson did not support the motion, commenting if any department needs excellent management, it is the Police Department. The chief and assistant chief have done an admirable job over the last year since the former assistant chief retired. If the Police Department were management heavy, he would consider replacing an assistant chief with another police officer but that is not the case. It is imperative to give the chief and assistant chief some help so that the City's police force can continue to keep citizens safe and make the City proud. Councilmember Fraley-Monillas commented there has been an approximately 20% reduction in the police force in the last ten years due to cuts to direct service employees. She was approached by three patrol officers during the last six weeks and when asked whether they would rather have another assistant police chief or a patrol officer, all three said another patrol officer. She will support this amendment package for those two reasons. Councilmember Yamamoto relayed none of corporations he is familiar with have only two management executives running a department 24/7. He was certain if management were queried, they would say there needed to be more management. He did not support the motion, pointing out the plan is to promote an assistant police chief from within and the budget includes another police officer. Councilmember Johnson commented the questions are whether to have an additional assistant police chief and what the Police Department needs. Chief Compaan has explained the difficulty the department experienced during the past year with only one assistant chief, explaining she relied on his judgment over her own because he is the expert in that field. Hiring additional police officers is a separate question. She did not support the motion because she believed the Police Department needed another assistant chief. Council President Petso was sympathetic to citizens' wishes to have additional officers. She found it interesting that the officers themselves would like additional officers but was inclined to vote no on this amendment because she believed Councilmembers have reason to bolster the Police Department's management team. UPON ROLL CALL, MOTION FAILED (1-6), COUNCILMEMBER FRALEY-MONILLAS VOTING YES; COUNCIL PRESIDENT PETSO AND COUNCILMEMBERS BLOOM, JOHNSON, PETERSON, YAMAMOTO, AND BUCKSHNIS VOTING NO. Pkg # Proposed Amendment Description Revenue $ Expense $ Fund Requester Packet Page 10 of 400 4 Eliminate Decision Package #39 - "Eliminate (210,000) 001 Petso transfer for LED fixtures to streetlights and improve Library HVAC systems 4 Eliminate Decision Package #39 - "Eliminate (210,000) 016 Petso transfer for LED fixtures to streetlights and improve Library HVAC systems 4 Eliminate Decision Package #39 - Grants (90,000) 016 Petso Portion 4 Eliminate Decision Package #39 - "Eliminate (300,000) Petso transfer from General Fund for LED fixtures to streetlights and improve Library HVAC Mr. Neumaier explained package #4 has been modified since it was first proposed; instead of removing this expenditure of which $90,000 was proposed to be a State grant, the proposal is to fund the $210,000 via a low interest loan instead of on a cash basis from the General Fund. COUNCIL PRESIDENT PETSO MOVED, SECONDED BY COUNCILMEMBER BLOOM, TO APPROVE THE THREE AMENDMENTS THAT COMPRISE ITEM #4. Council President Petso explained the ESCO III energy efficiency project approved in March 2013 has not yet been completed; that project was originally proposed to be funded via a low interest loan. The proposed budget pays the contribution to that project from General Fund cash. This project is just being formulated now and details are not available. The projects typically include the low interest loan and grant as part of the funding package. She preferred to rely on the grant rather than transfer money from the General Fund. This would allow more of the Council -proposed amendments to be funded and in the future the Council would have the option to fund the project from either General Fund cash or a low interest loan. Councilmember Buckshnis commented $210,000 of the $300,000 cost would be funded via a low interest loan plus the $90,000 grant. She asked how this impacted decision packages (DP) 38 and 39. Mr. Neumaier answered DP 38 and 39 are unrelated. He explained this project is proposed to be funded via ESCO IV; it is the same approach but in a different area. Councilmember Buckshnis inquired about the loan's interest rate. Mr. Neumaier relayed Public Works Director Phil Williams' estimate of 3%. For Councilmember Yamamoto, Council President Petso explained the ESCO III project was initially to be funded via a low interest loan; a decision was made to fund the project from General Fund cash. When the complete project comes to the Council, the Council can make a decision whether to fund it via a loan or cash. Councilmember Peterson asked about the return on investment of the energy savings. Mr. Neumaier relayed Mr. Williams' anticipation that the projects will probably pay for themselves; the funding source needs to be considered in that analysis. It is a policy decision for the Council. Although he understood the efficiencies in taking advantage of low interest loans, Councilmember Peterson was concerned with Council President Petso's support for using a loan for this project so that the Council could spend the $210,000 somewhere else. He may be more comfortable if the $210,000 were used for other energy retrofit opportunities. Mayor Earling advised his charge to staff was to identify one-time efficiencies that could be done on a cash basis. Councilmember Buckshnis asked if that was the same reason DP 38 was to be funded with cash rather than an ESCO III loan. Mayor Earling answered yes. Mr. Neumaier explained when that project was originally presented to the Council, the interest rate was estimated to be 2%; it has increased to 3%. Councilmember Buckshnis asked whether the $90,000 grant was guaranteed. Mr. Neumaier answered that was an assumption; Public Works believes they can obtain the grant. If they did not, they would return to the Council. Packet Page 11 of 400 Council President Petso commented the reason for the difference between the ESCO III project and the ESCO IV project is the ESCO III project is defined and underway and cash funding makes more sense. The ESCO IV project is still in a conceptual stage and based on past experience, she was uncertain it would be funded in 2014. Councilmember Bloom asked whether the $210,000 could be allocated to another expenditure such as streets. Mr. Neumaier answered it is the Council's decision; the alternatives are to not spend the money or spend the money elsewhere. Councilmember Bloom expressed support for the motion, relaying her preference to use the 3% loan and use the cash for another purpose. UPON ROLL CALL, MOTION FAILED (3-4), COUNCIL PRESIDENT PETSO AND COUNCILMEMBERS BLOOM AND FRALEY-MONILLAS VOTING YES; COUNCILMEMBERS JOHNSON, PETERSON, YAMAMOTO AND BUCKSHNIS VOTING NO. Pkg # Proposed Amendment Description Revenue $ Expense $ Fund Requester 5 Reduce Decision Package #48 and amount (300,000) 001 Petso included as regular transfer from General Fund to Risk Management by $300,000 5 Eliminate $129,000 transfer to Fire Fighters (129,000) 001 Petso Fund 5 Adjust Decision Package #36 to increase 450,000 001 Petso General Fund for paving and reduce REET for paving 5 Reduce Decision Package #48 and amount (300,000) 012 Petso included as regular transfer from General Fund to Risk Management by $300,000. 5 Adjust Decision Package #36 to increase (450,000) 126 Petso General Fund for paving and reduce REET for COUNCIL PRESIDENT PETSO MOVED, SECONDED BY COUNCILMEMBER BLOOM, TO APPROVE THE AMENDMENTS LABELED AS PACKAGE #5. Council President Petso recalled an audience member asked for clarification regarding this amendment. She explained by Council policy, the excess in Fund 126 (REET) is dedicated to park improvements and acquisition. The Mayor's budget proposes instead to spend that money on paving. This package of amendments retains the use of the 126 Fund for park acquisition and improvements and delays a decision to use park funds for roads for at least another year. At that point the Parks, Recreation and Open Space (PROS) plan will be updated and the Council will be in a better position to determine how much funding can be allocated to paving projects. To avoid impacting the Mayor's proposed paving plan under this amendment, funding for paving comes from the General Fund. Councilmember Buckshnis suggested separating these amendments. She did not support reducing the transfer to the Risk Management Fund because of large, upcoming lawsuits. She referred to the Risk Management policy. Council President Petso commented the $900,000 proposed to be transferred into the Risk Management Fund is in excess of the target balance established by Council policy. The policy was 2%; the proposed transfer is at least 3%. That Council policy will be further violated unless this package of amendments is approved. Packet Page 12 of 400 Councilmember Bloom expressed support for not utilizing funds from the REET 126 Fund particularly because the PROS Plan has not been completed. She questioned why this was proposed as part of the budget process. She also agreed with Council President Petso regarding the Risk Management Fund. Councilmember Fraley-Monillas asked whether the items within package #5 could be separated. Mayor Earling commented that was the Council's decision; the motion is to approve them as a package. He relayed the Finance Department's indication that the $129,000 could be used. He expressed his interest in identifying a stable funding source for paving via accessing some REET funds. Councilmember Buckshnis pointed out only $300,000 was being added to the Risk Management Fund, not $900,000. Mr. Neumaier agreed, relaying the intent was to have the required amount in the fund during and at the end of the year. Councilmember Buckshnis recalled the fund was depleted last year and an amendment was required to replenish it. Councilmember Yamamoto did not support the motion, especially eliminating the $129,000 transfer to the Fire Fighter's Fund. Mayor Earling relayed Ms. Neumaier and Ms. Hite determined the $129,000 could be used without damaging the fund. He did not support the other four items in the package of amendments. Council President Petso referred to an interfund transfer on page 61 of the budget book of over $900,000 into the Risk Management Fund. Councilmember Johnson supported increasing paving in the City but was concerned with how REET 1, REET 2 and TBD funds were allocated. She acknowledged that is a larger issue that the Council may want to address in the coming year. She suggested separating the items in this package of amendments. COUNCILMEMBER PETERSON MOVED, SECONDED BY COUNCILMEMBER JOHNSON, TO AMEND THE MOTION TO REMOVE THE ELIMINATION OF THE $129,000 TRANSFER FROM THE FIRE FIGHTERS FUND. Council President Petso asked for clarification what removing the $129,000 meant. Councilmember Peterson responded that amount would not be part of Council President Petso's motion. He felt it best to separate the funding sources, pointing out the Fire Fighter's Fund was very different than the other two sources. Councilmember Bloom preferred to review each item separately rather than remove and vote on them one item at a time. Councilmember Fraley-Monillas suggested the maker of the motion withdraw the main motion. Council President Petso responded if the Council did not approve the main motion, it would be procedurally appropriate following that vote to make motions on individual items. AMENDMENT CARRIED (5-2), COUNCIL PRESIDENT PETSO AND COUNCILMEMBER BLOOM VOTING NO. UPON ROLL CALL, THE MAIN MOTION AS AMENDED FAILED (3-4), COUNCIL PRESIDENT PETSO AND COUNCILMEMBERS BLOOM AND FRALEY-MONILLAS VOTING YES; COUNCILMEMBERS JOHNSON, PETERSON, YAMAMOTO AND BUCKSHNIS VOTING NO. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCIL PRESIDENT PETSO, TO ELIMINATE THE $129,000 TRANSFER TO THE FIRE FIGHTERS FUND AND HAVE THAT BE ADJUSTED TO DECISION PACKAGE 36 TO INCREASE THE GENERAL FUND FOR PAVING AND REDUCE THE REET FOR PAVING. Packet Page 13 of 400 Mr. Neumaier demonstrated the impact of Councilmember Buckshnis' motion on the spreadsheet, explaining the motion has a neutral impact on the General Fund and increases the REET fund balance. Council President Petso clarified the amendment would not transfer $129,000 to the Fire Fighter Pension Fund and instead allocate those funds to paving projects, thus preserving $129,000 in the REET 126 fund. Mr. Neumaier agreed. MOTION CARRIED UNANIMOUSLY. Pkg # Proposed Amendment Description Revenue $ Expense $ Fund Requester 6 Increase Professional Services in Development 75,000 001 Bloom Svcs for code re -write. (One -Time) 6 Code Re -write of Tree Code (One -Time) 25,000 001 Bloom COUNCILMEMBER BLOOM MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO INCREASE PROFESSIONAL SERVICES IN DEVELOPMENT SERVICES DEPARTMENT FOR THE CODE REWRITE, A ONE-TIME EXPENDITURE OF $75,000 AND A REWRITE OF THE TREE CODE, A ONE-TIME EXPENDITURE OF $25,000. Councilmember Bloom explained $75,000 was previously earmarked for 2014 but was not included in the 2014 budget pending hiring of a Development Services Director. She preferred not to delay the code rewrite and to include the funds in the 2014 budget. The $25,000 would allow the Tree Board to seek matching grant funds. A rewrite of the tree code is an enormous project and she was uncertain it could be completed for $25,000 although it would allow a good start. The Tree Board also believes these funds will allow them to seek matching grants for mapping the tree canopy and impervious surfaces. Councilmember Peterson asked what would be addressed with this year's $75,000. Mr. Chave answered those funds were earmarked for Carol Morris to complete the basics for a good portion of the code as well as funds to allow Code Publishing to update the website; it would not address the tree code. Some of the funds will be carried forward into 2014. The $75,000 that Councilmember Bloom's amendment contemplates would focus on sections that Ms. Morris's review has not addressed. Councilmember Peterson suggested the motion be amended to include the inventory of the tree canopy and impervious surfaces. Mr. Chave agreed. Councilmember Johnson suggested the Code Rewrite in package #6 be considered as part of package #14, Small Matching Grant Reserves for Boards and Commissions. She explained her intent was to have one line item for funding for boards and commissions. COUNCILMEMBER JOHNSON MOVED TO AMEND THE MOTION CONSIDER ALL THE BOARDS AND COMMISSION PACKAGES AS ONE DECISION PACKAGE FOR A TOTAL AMOUNT OF $102,000 WHICH INCLUDES THE ARTS COMMISSION, THE HISTORIC PRESERVATION COMMISSION, THE MATCHING GRANTS FOR BOARDS AND COMMISSIONS AND THE TREE BOARD, PACKAGES 6,9 AND 14. MOTION DIED FOR LACK OF A SECOND. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCIL PRESIDENT PETSO, TO AMEND THE MOTION TO HAVE THE REWRITE OF THE TREE CODE INCLUDE SURVEY OF THE TREE CANOPY AND IMPERVIOUS SURFACES. AMENDMENT CARRIED (6-1), COUNCILMEMBER JOHNSON VOTING NO. MAIN MOTION AS AMENDED CARRIED 7-0. Packet Page 14 of 400 Pkg # Proposed Amendment Description Revenue $ Expense $ Fund Requester 7 Half-time coordinator of all volunteers (Ongoing) 40,000 001 Bloom Councilmember Bloom relayed she is considering withdrawing this amendment following a discussion with Ms. Hite. The original intent of this amendment was related to the fact that last year when the Council approved student representatives on boards and commissions, there was no staff member available to recruit students. As a result of her conversation with Ms. Hite, she realized what she wanted was to involve more youth. She and Ms. Hite also discussed adding contract funds to assist with the volunteer appreciation picnic that was organized by Councilmember Johnson this year. Ms. Hite clarified Councilmember Bloom was interested in increasing youth involvement in the City, on boards and commissions, events, planning processes, etc. Engaging youth in City government will take a great deal of outreach. In response to Councilmember Bloom's suggestion for someone to assist with the volunteer appreciation picnic, she suggested including funds in the volunteer picnic package for contract staff to help organize the picnic. Councilmember Bloom asked Ms. Hite to comment on potentially funding a youth coordinator position next year. Ms. Hite explained there are several cities in the region that have incorporated youth councils into their government model. That would require establishing a position that would develop relationships with local schools, get to know the students and recruit positions on a youth council. If the Council is interested in pursuing that, she offered to review other cities' models and develop a proposal for the following year's budget. Councilmember Buckshnis asked about gift of public funds when hiring a caterer for the volunteer picnic. Mr. Neumaier answered the amount per person could not be increased but funds for organizing it would not be a conflict. Councilmember Fraley-Monillas advised this year's volunteer picnic was organized by Councilmember Johnson, Senior Executive Council Assistant Jana Spellman and herself with Council President Petso assisting with serving. She summarized Councilmember Johnson and she have the volunteer picnic under control. COUNCILMEMBER BLOOM MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO WITHDRAW PACKAGE #7. MOTION CARRIED UNANIMOUSLY. Pkg # Proposed Amendment Description Revenue $ Expense $ Fund Requester 8 30,000 - 40,000 to hire a temporary part time 40,000 001 Fraley - Department contract staff to coordinate the Monillas strategic plan times 8 30,000-40,000 to hire a temporary part time 40,000 001 Fraley - Department contract staff to coordinate the Monillas economic redevelopment to Highway 99 for 1 COUNCILMEMBER FRALEY-MONILLAS MOVED, SECONDED BY COUNCIL PRESIDENT PETSO, TO APPROVE PACKAGE #8 WITH IT ONLY BEING ONE POSITION INSTEAD OF TWO. Councilmember Fraley-Monillas relayed this would be beneficial as little progress has been made on the strategic plan in the past two years. The person would coordinate the elements of the strategic plan and bring them together in a document for the Council and staff. The person could also coordinate planning for Packet Page 15 of 400 Highway 99 as well as talk with the neighborhoods and businesses, coordinate redevelopment with the Economic Development Department and provide frequent reports to the Council. She envisioned this as one contract person via an RFQ process but with some level of Council access to this individual. This would be a one-time expenditure for 2014, approximately 10 months by the time the person was selected. Councilmember Buckshnis clarified it took two years to develop the strategic plan; the plan was adopted in April 2013. She felt staff, led by Community Services/Economic Development Director Stephen Clifton, was doing a great job. She suggested holding retreats next year with the Council, EDC and stakeholders to work on the strategic plan. She felt this proposal was premature, advising the Highway 99 Task Force has done a great deal of work such as obtaining grants for the Internal District lighting. Councilmember Fraley-Monillas pointed out the Highway 99 Task Force has been meeting for ten years; there is not sufficient staff to visit businesses. The City Council has become centric on issues in the downtown core; other areas of Edmonds need more attention. She invited Mr. Clifton to describe how he envisioned this position. Mayor Earling suggested he also describe efforts related to the strategic plan. Mr. Clifton advised Mayor Earling and the directors met to discuss this position and determined a contracted person could assist with both the strategic plan as well as the economic development. Many of the plan actions in the strategic plan are related to Highway 99. A contract person familiar with community organizations, comprehensive planning, land use planning, etc. could perform both functions. With regard to the comment that little has been accomplished on the Strategic Plan for two years, Mr. Clifton explained the strategic plan took about 1'/2 years to complete and adopted on April 2, 2013. Implementation of the plan has only been underway for the past seven months. Some actions the Council took this year relate to plan actions such as adopting new regulations for public markets and some of the proposals in the 2014 budget are related to plan actions such as communications, economic development, promoting the arts, and a contract person to develop Facebook, YouTube and Google pages. He envisioned this person would report to his department because the job duties relate to economic development and the strategic plan. He envisioned issuing a Request for Qualifications (RFQ) or Request for Proposals (RFP). Councilmember Fraley-Monillas commented there are at least 80 elements in the strategic plan and she was concerned no one had the time to chase them down. Mr. Clifton has taken on the responsibility of the strategic plan but prior to the adoption of the strategic plan, he already had a full-time job. She envisioned hiring someone who could coordinate the 80 elements and provide a document to Council and staff to move the strategic plan forward. Councilmember Yamamoto commented he has been involved in the strategic plan from its inception; before he was a Councilmember, he was the Chair of the EDC, Councilmember Buckshnis was the Council representative and Councilmember Johnson was the Planning Board representative. He suggested the EDC and Highway 99 Task Force provide the Council updates, envisioning that could be accomplished without spending $40,000 to hire a contract person. Councilmember Peterson commented it is too early in the strategic plan process to bring in an outside professional hired by the City. Many of the 80 elements in the strategic plan are outside the City's purview. He preferred to hold a roundtable with the Council, EDC, Chamber of Commerce, Swedish -Edmonds Hospital, the Port, and other organizations identified as key stakeholders in the strategic plan. He preferred it be a community led project rather than a City -led project, noting there may be funding opportunities from other stakeholders. Councilmember Peterson took issue with spending $40,000 - $60,000 to hire outside contract employees when City staff has been overworked and often underpaid over the past ten years and the Council chose not to provide longevity pay. Much of the internal work related to the strategic plan and Highway 99 could be Packet Page 16 of 400 done in-house. He may be amenable to an RFP process if that is what the organization committee recommends next year. Councilmember Fraley-Monillas clarified her amendment had nothing to do with the EDC, it was related to the strategic plan. The strategic plan requires community input; she questioned who would collect information from the community. She expressed willingness to withdraw her motion. Council President Petso thanked Councilmember Fraley-Monillas and Mr. Clifton for clarifying this amendment and for considering whether this person could also handle the social media improvements suggested by Mr. Clifton. She described things that have happened over the past year that led to her support for this contract person such as the Planning Board's interest in starting a Highway 99 Task Force, unaware there already was one and the PROS Plan committee's believe they had to include a proposal to move the senior center because it was in the adopted strategic plan. She relayed 63% of the respondents to the strategic plan survey felt moving the senior center was a low or very low priority. When the strategic plan was adopted, it was acknowledged the low priorities would not attract a great deal of City resources and were left in the plan in case another organization wanted to pursue it. She supported hiring a contract person to coordinate implementation of the strategic plan. Councilmember Buckshnis clarified the strategic plan is a dynamic process and other stakeholders are involved. She recalled if one citizen recommended moving the senior center, it was included in the strategic plan; that was one of her criticisms of the strategic plan process. The stakeholders in the strategic plan are working on their elements and a meeting has not yet been held to discuss their efforts. She preferred to allow the stakeholders and the EDC to continue their efforts and determine later whether a coordination person to is necessary. Mayor Earling asked the estimated cost of hiring one person for this position. Councilmember Fraley- Monillas answered $70,000; he/she would report to Mr. Clifton with feedback to the City Council. UPON ROLL CALL, MOTION FAILED (3-4), COUNCIL PRESIDENT PETSO AND COUNCILMEMBERS BLOOM AND FRALEY-MONILLAS VOTING YES; COUNCILMEMBERS JOHNSON, PETERSON, YAMAMOTO AND BUCKSHNIS VOTING NO. COUNCILMEMBER JOHNSON MOVED, SECONDED BY COUNCILMEMBER BLOOM TO APPROVE HIRING A TEMPORARY PART TIME DEPARTMENT CONTRACT STAFF TO COORDINATE THE STRATEGIC PLAN TIME. UPON ROLL CALL, MOTION CARRIED (4-3), COUNCIL PRESIDENT PETSO AND COUNCILMEMBERS BLOOM, JOHNSON AND FRALEY- MONILLAS VOTING YES; COUNCILMEMBERS PETERSON, YAMAMOTO, AND BUCKSHNIS VOTING NO. Mayor Earling asked for clarification if the estimated cost was the $30,000 - $40,000 range identified in the proposal and reporting to Mr. Clifton with feedback to the Council. Councilmember Johnson answered yes. Pkg # Proposed Amendment Description Revenue $ Expense $ Fund Requester 9 Transfer from GF to Historical Preservation 2,000 001 Johnson Fund for reprint of historic preservation brochures 9 Grant Funding for Historical Preservation 5,000 014 Johnson Printing 9 Transfer of Funds from General Fund for 2,000 014 Johnson Historic Preservation Brochures 9 Historic Preservation Commission Calendar 5,000 014 Johnson 9 Historic Preservation Commission Brochure 2,000 014 Johnson Packet Page 17 of 400 COUNCILMEMBER JOHNSON MOVED, SECONDED BY COUNCIL PRESIDENT PETSO, TO ADOPT THE ENTIRE PACKAGE #9. For Councilmember Yamamoto, Mr. Neumaier explained there is $2,000 allocated from the General Fund for the brochures and the $5,000 depends on grant revenue; if the grant is not received, the expenditure will not occur. Councilmember Johnson relayed her understanding that if the grant was received, $5,000 from the General Fund would not be needed. Mr. Chave advised the funding is currently structured as Mr. Neumaier described. Mr. Neumaier suggested amending the package as follows: Pkg # Amended Proposed Amendment Description Revenue $ Expense $ Fund Requester 9 Transfer from GF to Historical Preservation 7,000 001 Johnson Fund for reprint of historic preservation brochures 9 Transfer of Funds from General Fund for 7,000 014 Johnson Historic Preservation Brochures 9 Historic Preservation Commission Calendar 5,000 014 Johnson 9 Historic Preservation Commission Brochure 2,000 014 Johnson Council President Petso expressed support for the proposal. She pointed out reprinting of the historic preservation brochure is done every few years when the HPC runs out of brochures; they were last reprinted in 2007. MOTION CARRIED UNANIMOUSLY. Pkg # Proposed Amendment Description Revenue $ Expense $ Fund Requester 10 Annual Citizen Appreciation Picnic 1,000 001 Johnson COUNCILMEMBER JOHNSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO APPROVE PACKAGE #10. MOTION CARRIED UNANIMOUSLY. Pkg # Proposed Amendment Description I Revenue $ Expense $ Fund Requester 11 Council part-time legislative analyst position 140,000 001 Johnson COUNCILMEMBER JOHNSON MOVED, SECONDED BY COUNCILMEMBER BLOOM, TO APPROVE #11, COUNCIL PART-TIME LEGISLATIVE ANALYSIS POSITION, IN THE AMOUNT OF $40,000. Councilmember Johnson explained this would be a new position to provide support to the Council. Many cities have legislative analysts; she suggested filling the position on a trial basis such the second and third quarters for half the amount. That would allow time for Council to consider how the position would assist them. Councilmember Buckshnis did not support the motion, questioning the need for another position when the Senior Executive Council Assistant to always been able to obtain whatever information she needed. Her research found most other small local cities do not have a part-time analyst other than a council assistant. Councilmember Bloom expressed interest in funding this position and suggested the Council discuss the details of the position at a Council retreat. If the position is not funded, she requested it be discussed at next year's retreat. Packet Page 18 of 400 Councilmember Peterson did not support the motion, preferring to discuss it at a Council retreat before funding it. The Council has historically had a half-time person to support the Council; he found this a radical increase. Councilmember Yamamoto agreed with Councilmember Peterson, relaying his preference to outline the position before funding it. UPON ROLL CALL, MOTION FAILED (3-4), COUNCILMEMBERS BLOOM, JOHNSON, FRALEY-MONILLAS VOTING YES; COUNCIL PRESIDENT PETSO AND COUNCILMEMBERS PETERSON, YAMAMOTO AND BUCKSHNIS VOTING NO. Pkg # Proposed Amendment Description Revenue $ Expense $ Fund Requester 12 Transfer of $100,000 from General Fund to 100,000 001 Johnson 112 for SR104 Study. 12 Transfer of Funds from General Fund for SR 100,000 112 Johnson 104 Study 12 Increase Fund for SR104 Study from $50,000 100,000 112 Johnson to $150,000. Councilmember Johnson requested a legislative analyst be discussed at the Council retreat. COUNCILMEMBER JOHNSON MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO APPROVE PACKAGE #12. Councilmember Johnson explained last year a $150,000 transportation study of the SR104 corridor from the ferry to 761h was included in the CIP. The Council allocated $50,000 toward that study in last year's budget; those funds will be carried over into 2014. The additional $100,000 would provide the necessary funding for the study. The purpose of the study is to identify what the roadway configuration would be, look at the roadway from edge to edge, sidewalk improvements, driveway access, internal circulation and the relationship to the built environment. It would not include any transportation modeling, traffic analysis or traffic impact analysis. She and City staff met yesterday to discuss the project limits, scope, and funding. She summarized it was important to do this study in conjunction with the Westgate form -based code. Council President Petso questioned how the roadway would be designed if the study did not include traffic, capacity or access analysis. Councilmember Johnson responded because the section of SR104 from Highway 99 to the ferry is considered a highway of statewide significance, there are no level of service requirements. A complete transportation study done in 2009 determined no capacity improvements were needed at that time. Two subsequent traffic analyses have been conducted for the intersection of SR104 and 100t'/9 h Avenue. The transportation element of the Comprehensive Plan will be updated in 2015. Councilmember Bloom asked whether this would include pedestrian and non -motorized improvements. Councilmember Johnson answered yes. Council President Petso relayed although she voted in favor of this study last year, she does not support the study now because it has morphed into a study that will not include traffic or capacity analyses. Problems that exist at the Westgate intersection and capacity issues at SR104/76`h Avenue indicate those analyses need to be included in the study. She questioned designing a sidewalk or bike lane only to find it needed to be removed to create travel lanes. Councilmember Johnson answered the CIP project has not changed; it never included that level of traffic analysis. Packet Page 19 of 400 Councilmember Buckshnis inquired about the outcome of the meeting between Mayor Earling, Mr. Chave, Mr. English, Mr. Hauss and Councilmember Johnson. Mayor Earling responded as a result of that meeting, staff is comfortable with the scope of the study. Councilmember Bloom asked why a capacity analysis would not be included in the study and whether there was a risk that sidewalks and bike trails could be eliminated in the future to add a right turn lane at Westgate. City Engineer Rob English explained modeling that was done in the 2009 Transportation Plan to 2030 based on projected growth both regionally and within Edmonds projected a level of service (LOS) at that intersection of D. LOS D is the City's accepted LOS but as Councilmember Johnson indicated, there is no LOS standard because SR104 is a corridor of statewide significant. When proposed development at Westgate was considered last year, the projected growth remained at LOS D. Through the planning horizon of 2030 there is no projection for LOS to drop below D. Councilmember Bloom asked whether there was a risk that sidewalks and bike trails could be eliminated later. Mr. English answered based on best guestimates of population growth, etc. the LOS D is adequate. The Transportation Plan will be updated as part of the Comprehensive Plan update in 2015; that planning horizon is 2035 or 2040. He summarized it is difficult to project beyond that timeframe. Councilmember Yamamoto asked whether the study would be completed next year. Mr. English anticipated beginning the study next year, acknowledging one of the challenges is staff levels. Councilmember Yamamoto asked whether the complete $150,000 was needed in 2014 or if only half would be needed in 2014. Mayor Earling relayed staff s indication it would take approximately nine months to complete the study. Mr. English advised the duration of the study will be determined by the consultant's scope of work; there will be an RFQ process followed by consultant selection and development of a scope of work that will be presented to the Council for review and approval. MOTION CARRIED (6-1), COUNCIL PRESIDENT PETSO VOTING NO. Pkg # Proposed Amendment Description Revenue $ Expense $ Fund Requester 13 Green Resource Room at City Hall. 25,000 001 Peterson 13 Green Resource Room at City Hall. 8,333 421 Peterson 13 Green Resource Room at City Hall. 8,333 422 Peterson 13 Green Resource Room at City Hall. 8,333 423 Peterson COUNCILMEMBER PETERSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO APPROVE PACKAGE #13, A GREEN RESOURCE ROOM AT CITY HALL WITH $25,000 FROM THE GENERAL FUND AND THE REMAINDER FROM EACH OF THE UTILITY FUNDS. Councilmember Peterson explained the Green Resource Center, located on the second floor in the Building Department, would provide a place for staff to present green alternatives to developers and citizens as well as provide staff training on the latest green building technology. This will continue Edmonds' excellent progress on more energy efficient public buildings as well as residences and commercial buildings. Councilmember Fraley-Monillas asked how the $25,000 would be used. Councilmember Peterson answered it would fund reconfiguration of the second floor to provide space for displays such as pervious pavement, insulation values, etc. It would also fund staff training. Councilmember Fraley-Monillas asked who would provide staff training. Councilmember Peterson answered there are many organizations that provide training; staff that attend training can then train other staff. Councilmember Yamamoto inquired about the $8,333 from each utility. Councilmember Peterson advised the funding provided by the utilities was appropriate because green building techniques have a positive effect on each utility. Packet Page 20 of 400 For Councilmember Bloom, Councilmember Peterson explained the total funding is $50,000; $25,000 from the General Fund and the remaining $25,000 equally divided between the three utilities. This is a one-time expenditure to create the Green Resource Center; there may be minor ongoing expenses such as reprinting of materials, etc. Councilmember Bloom asked whether there would be matching funds for grants to pay for training. Councilmember Peterson responded he was not aware of grant -funded training; there are many reasonably priced training opportunities. Councilmember Bloom inquired about the utilities providing funding. Councilmember Peterson explained training will include low impact development technology which is related to stormwater as well as water conservation technology which is related to water and sewer. There is also a General Fund element. Councilmember Johnson said education is a good first step in green technology. This has been discussed for years by the Mayor's Climate Protection Committee as well as the Planning Board. Education will result in better results for green buildings in the City. MOTION CARRIED UNANIMOUSLY. Pkg # Proposed Amendment Description Revenue $ Expense $ Fund Requester 14 Small Matching Grant Reserves for Boards and Commissions 50,000 001 Peterson Councilmember Peterson explained he will reduce the amount requested as it was intended to include the tree code rewrite by the Tree Board which was approved as Package #6. COUNCILMEMBER PETERSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO APPROVE #14 IN THE AMOUNT OF $25,000. Councilmember Peterson explained unlike the funding for the tree board rewrite, this would provide matching grants funds for boards and commissions that could be accessed quickly rather than seeking Council approval for individual requests. He had nothing specific in mind other than allowing boards and commissions to be creative in identifying opportunities. Councilmember Bloom asked how boards and commission members know about grants, know the matching funds are available or access the funds. For example the Tree Board does not have a dedicated staff member to seek grants. Councilmember Peterson explained members of boards and committees often have professional experience and/or networking where they learn about grant opportunities. Councilmember Bloom asked whether a limit would be established for each board or commission. Councilmember Peterson answered no, envisioning grant opportunities would be vetted through staff with a recommendation to Council. Council President Petso clarified the funds would not be awarded without Council approval. Councilmember Peterson answered that would be ideal particularly in this first stage. If the funding was successful, perhaps in future years funding under $2,000 could be done without Council approval. Mr. Neumaier clarified this amount would be in Non -Departmental and would be accessed via a department asking the Council for authority. Councilmember Peterson agreed. Councilmember Fraley-Monillas was uncomfortable with this concept when it had not been vetted well and many boards and commissions do not have staff support. Packet Page 21 of 400 Councilmember Bloom commented most boards and commissions have Council liaisons. For example as the liaison to the Tree Board, she will inform them of the availability of these funds. Mayor Earling offered to send a notice to all boards and commissions of the availability of the funds and with further Council input, outline the process for accessing the funds. UPON ROLL CALL, MOTION CARRIED (5-2), COUNCILMEMBERS YAMAMOTO, BUCKSHNIS, BLOOM AND PETERSON AND COUNCIL PRESIDENT PETSO VOTING YES; COUNCILMEMBERS FRALEY-MONILLAS AND JOHNSON VOTING NO. Pkg # Proposed Amendment Description Revenue $ Expense $ Fund Requester 15 Marsh Restoration Using Council Reserved 200,000 126 Buckshnis $200K (note that we need to establish a mechanism for contributions) 15 Remove Council reserve for projects (200,000) 126 Buckshnis COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER PETERSON, TO PUT $200,000 ASIDE IN A NEW FUND FOR MARSH RESTORATION. Councilmember Buckshnis advised there is a tremendous amount of money available. She also recommended establishing a 501(c)(3). Council President Petso asked if this was intended to be a transfer from the General Fund or the 126 Fund. Councilmember Buckshnis answered it was from the $400,000 membership/non-departmental in the General Fund. MOTION CARRIED UNANIMOUSLY. Pkg # Proposed Amendment Description Revenue $ Expense $ Fund Requester 16 Bank 1% Property Tax instead of Levying it in 2014 (98,000) 001 Petso Council President Petso advised this item will be considered separately with the property tax ordinance. Councilmember Buckshnis preferred to vote on this item separately. She relayed the 2014 budget is very aggressive and there are unknowns associated with the 7% increase in revenue and the 16% increase in expenditures. The City could use the $98,000 generated by a 1% increase in the property tax in a variety of ways such as a redundant fiber optic line, etc. She preferred to maintain the status quo of levying a 1% property tax increase each year. Mr. Neumaier advised two ordinances have been prepared; they are identical with the exception of the property tax levy; one ordinance increases the property tax levy by 1 %, the other banks the 1 % property tax increase. There are three elements in the property tax ordinance: general property tax, the emergency medical services (EMS) levy, and the public bond levy which will expire after 2016. With regard to the EMS levy, he explained it has been at $0.50/$1000 of assessed value. Property values decreased in recent years; when property values increase, the Council needs to affirm the $0.50/$1000 level. COUNCIL PRESIDENT PETSO MOVED, SECONDED BY COUNCILMEMBER PETERSON, TO EXTEND THE MEETING FOR 40 MINUTES. MOTION CARRIED (6-1), COUNCILMEMBER FRALEY-MONILLAS VOTING NO. Mr. Neumaier explained the Mayor's budget assumed the EMS levy would continue at the $0.50/$1000 level. That will generate only 80% of the revenue generated in 2009. Based on advice from the County Packet Page 22 of 400 Assessor's Office, the ordinance must explicitly state the City wishes to keep the levy rate at $0.50 and state the change in the amount and percentage. The ordinance states there is an 11 % increase in the EMS levy to achieve consistency in the rate. With regard to the public bond levy, Mr. Neumaier explained it will expire after 2016; there is no proposal to increase or decrease that element. He summarized the policy issue for the Council's consideration is whether to bank the 1 % property tax or levy the 1 % property tax. Mayor Earling suggested the Council complete their review of the amendment packages before voting on the property tax levy. Pkg # Proposed Amendment Description Revenue $ Expense $ Fund Requester 17 Reduce Decision Package #46- GF portion of 001 Buckshnis Reserve for Major Capital Projects. This package could positively impact the General Fund fund balance by an amount of from $0 to $400 thousand General Fund impact Pkg # Proposed Amendment Description Revenue $ Expense $ Fund Requester 18 To the extent that the Council uses the 400,000 001 Neumaier $400,000 one-time project reserve to fund Projects, this amendment will transfer that $400,000 to those projects rather than use fund balance Mr. Neumaier explained with the amendments that have been approved, the amount in Council one-time projects is $497,000. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER PETERSON, TO REMOVE $400,000 FROM THE GENERAL FUND BECAUSE THE COUNCIL EXPENDED IT IN THE PREVIOUS 15 ITEMS. Council President Petso clarified the motion was effectively approving Item 18. Mayor Earling agreed. MOTION CARRIED UNANIMOUSLY. COUNCIL PRESIDENT PETSO MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO CONTINUE THE MAYOR'S BUDGET AS AMENDED TO THE DECEMBER 3 MEETING. MOTION CARRIED UNANIMOUSLY. Property Tax Ordinance Mr. Neumaier distributed the two property tax ordinances, levying the 1 % property tax increase or banking the 1% property tax increase. COUNCIL PRESIDENT PETSO MOVED, SECONDED BY COUNCILMEMBER BLOOM, TO APPROVE ORDINANCE NO. 3946 USING THE BANKED CAPACITY VERSION OF THE ORDINANCE. Council President Petso relayed a citizen's appreciation for the Council not taking money from citizens if it was not needed. She expressed support for banking the capacity, noting it could be levied in future years if necessary. Packet Page 23 of 400 Councilmember Buckshnis relayed she heard from six citizens who preferred to maintain the status quo. The budget shows a $1.6 million deficit because expenses are 16% more than revenue. She preferred to maintain the status quo of a 1% increase that had been done since the Eyman initiative was passed in 1999. She envisioned the additional $98,000 could be used for a variety of purposes including fiber optic redundancy or to cover the $98,100 that the Council exceeded its allocation for one-time expenditures. Councilmember Fraley-Monillas commented the City was at a point where they could give a little back to citizens. If an additional $98,000 was needed, she suggested it be identified elsewhere in the budget. There is an opportunity this year not to levy the 1% property tax increase, although she recognized the banked capacity may need to be levied next year, resulting in a 2% increase. She supported the motion, summarizing it was a good thing for the taxpayers. Councilmember Peterson did not support the motion, pointing out it has been over a decade since Eyman's initiative put a chokehold on city and county governments. The City provides service to its citizens and it is due to the incredible staff that services have continued to exceed those offered by neighboring cities. Citizens are aware that services such as an additional patrol officer or the other amendments the Council approved cost money. He recognized some of the Council amendments were not must -haves such as the Green Resource Room, but citizens are willing to provide their share to support quality of life. He emphatically opposed banking the 1 % property tax increase. Councilmember Bloom expressed support for the motion. She was disturbed by the approval of a 3 year 9.5% utility rate increase, a $266 increase to the average household. She felt this was the least the Council could do to give citizens a little bit of a break, recognizing if the budget looked bad next year or the following year, the Council could levy the banked capacity and citizens would understand. Councilmember Johnson expressed support for the motion, finding it an opportunity for the Council to save taxpayers some money. She was willing to relook at the budget to identify additional savings to compensate for this. Councilmember Peterson referred to the utility rate increases, explaining those increases were necessary because the City has not raised some utility rates in nearly a decade, kicking the rate increase can down the road. Now the Council wants to kick the tax increase can down the road and he anticipated the Council would balk at raising property taxes 2% in the future even if the City needed the money. If the Council was really interested in saving money in the budget, the Council likely would not have approved the foregoing amendments. Councilmember Buckshnis advised the utility rate increase is approximately $7.50/month or $90/year for 3 years. She agreed with Councilmember Peterson's comments. She questioned the source of the additional $98,000 expended on Council amendments. Council President Petso commented the budget was not $98,000 in the hole. There is a budget deficit of $1.6 million; most of it one-time expenditures. The City will end next year with nearly $10 million in the 001 and 002 funds. The Council could look for the $98,000 but she was inclined to say close enough and not worry about it due to the City's healthy reserves. UPON ROLL CALL, MOTION CARRIED (4-3), COUNCILMEMBERS FRALEY-MONILLAS, JOHNSON AND BLOOM AND COUNCIL PRESIDENT PETSO VOTING YES; COUNCILMEMBERS BUCKSHNIS, YAMAMOTO AND PETERSON VOTING NO. 8. DISCUSSION OF THE VOUCHER TO THE PUBLIC FACILITIES DISTRICT (PFD) Packet Page 24 of 400 Finance Director Roger Neumaier referred to Councilmember Bloom's question at the last Council meeting regarding whether the Public Facilities District (PFD) had indicated their intent to request a lower loan amount. He explained the budget included $190,000; the PFD requested $180,000. There was no discussion or intent to request a lower amount. 9. CONTINUED DISCUSSION REGARDING THE ESTABLISHMENT AND OPERATION OF ANY STRUCTURES OR USES RELATING TO COLLECTIVE GARDENS, MARIJUANA PRODUCTION, PROCESSING, OR RETAILING IN THE CITY OF EDMONDS City Attorney Jeff Taraday explained this was introduced to the Council in August/September; the memo from that packet is included in tonight's packet. Since that time all three Council committees have addressed the issue. He outlined he Council's policy choices: allow I-502 marijuana stores in Edmonds or ban them. That decision will determine how staff proceeds. The moratorium expires approximately February 20, 2014. Councilmember Fraley-Monillas spoke in favor of allowing dispensaries in Edmonds, particularly in the Hospital District, recognizing marijuana is increasingly prescribed for medical purposes. She recognized further discussion of the specifics would be required. Councilmember Johnson recalled Mr. Taraday's advice to wait to observe what happened in Kent's case. Mr. Taraday answered it is still his opinion that the Council has the ability to ban but there has not yet been a definitive ruling from the Court of Appeals or Supreme Court. That is also the consensus among attorneys in the municipal law community. If anything changes in the coming months and it is determined the City cannot ban, he will immediately inform the Council. Council President Petso asked Police Chief Compaan, 1) whether he has a recommendation regarding allowing or banning and 2) what he knows about difficulties or problem that arise if they are allowed. Chief Compaan answered this is uncharted territory; he has his own personal and professional opinions. One can hypothesize about the value added to society; there is still the conflict between state and federal law although the Attorney General of the United States has indicated the federal government will take a step back with certain conditions. The regulatory infrastructure established by the Liquor Control Board (LCB) provides a fairly high degree of regulation including security and siting. There needs to be further uniformity between the medical marijuana and the retailing of marijuana in state law as there currently are two separate systems that are somewhat in conflict. He assumed the legislature would be revisiting that issue. He agreed it was a policy decision for the Council. Council President Petso referred to the required buffer zone around schools, parks, daycares, etc. and asked whether an existing facility would be grandfathered if a daycare or park opened within the buffer. Mr. Taraday answered he was uncertain what the LCB would do in that situation; there may be a renewal process. He reiterated there is a fundamental question to be answered, whether the Council wants to allow marijuana facilities or ban them. If the Council wants to allow them, there will be plenty of time to work out the details such as the question Council President Petso posed. However, if the Council wants to ban them, that question does not need to be answered. Councilmember Buckshnis did not support a ban. Chief Compaan explained there is a difference between dispensaries and retail establishments. Dispensaries are still illegal under state law although some municipalities have looked the other way. Mr. Taraday clarified the decision tonight is only the 1-502 LCB licensed facilities. Anything else will be banned because it is not allowed under state law now. COUNCILMEMBER PETERSON MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO DIRECT STAFF TO BRING BACK A RECOMMENDATION ADOPTING ZONING AND OTHER ISSUES IN FAVOR OF ALLOWING MARIJUANA BUSINESSES AS RELATED TO I-502. MOTION CARRIED (6-0-1), COUNCILMEMBER JOHNSON ABSTAINED. Packet Page 25 of 400 10. REPORT ON CITY COUNCIL COMMITTEE MEETINGS OF NOVEMBER 12, 2013 Public Safety & Personnel Committee Councilmember Buckshnis reported on the following items discussed by the committee: A. Residential Dwelling Sprinkler Report — Information only B. Update for renewal of 2014 Executive Assistant to Council Employment Agreement — Consent Agenda C. Discussion and potential action regarding Chapter 2.10 — Full Council agenda item D. Discussion and possible action regarding Code of Conduct — Full Council agenda item E. Discussion regarding Council attendance via speaker phone — Full Council agenda item Finance Committee Councilmember Yamamoto reported on the following item discussed by the committee: A. Update for renewal of 2014 Executive Assistant to Council Employment Agreement — Consent Agenda B. Authorization for Mayor to Sign Intergovernmental Cooperative Purchasing Agreement with Alderwood Water & Wastewater District (A)VWD) — Consent Agenda C. Authorization for the Mayor to Sign the SRF Loan from the State of Washington for WWTP Switchgear Project— Full Council agenda item D. Discussion of Edmonds Public Facilities District Task Force Preliminary Report — Information only E. Discussion and Potential Action regarding Audited Financial Statement Issue and Council Oversight of Removing Receivables — Full Council agenda item after PFD audit completed F. 2013 November Budget Amendment — Full Council agenda item G. 2013 September Budgetary Financial Report — Full Council agenda item H. Authorization for Mayor to Sign HGAC Interlocal Contract for Cooperative Purchasing Agreement — Consent Agenda Parks, Planning & Public Works Committee Councilmember Johnson reported on the following item discussed by the committee: A. Minor technical amendments to ECDC 10.90.040 regarding the Historic Preservation Commission's powers and duties - Consent Agenda B. Expression of support for potential solar grant partnership — Consent Agenda with understanding future memorandum of understanding resulting from successful grant require further Council review C. 2014 Engineering and Development Services Fees resolution — Full Council agenda item D. Authorization for Mayor to sign agreements with Frontier, Snohomish County PUD, Comcast, and Astound Broadband, LLC for the underground conversion of overhead utility lines within the Five Corners Roundabout project limits — Consent Agenda COUNCIL PRESIDENT PETSO MOVED, SECONDED BY COUNCILMEMBER PETERSON, TO EXTEND THE MEETING FOR 10 MINUTES. MOTION CARRIED UNANIMOUSLY. Councilmember Johnson continued her report regarding items discussed by the Parks, Planning & Public Works Committee: E. Authorization for Mayor to Sign Intergovernmental Cooperative Purchasing Agreement with Alderwood Water & Wastewater District — Consent Agenda F. Authorization to award a contract for the Citywide Safety Improvements Project— Consent Agenda G. Authorize Mayor to sign Interlocal Agreement with Snohomish County for Conservation Futures Grant to acquire beachfront property — Consent Agenda H. Authorization for Mayor to sign HGAC Interlocal Contract for Cooperative Purchasing Agreement — Consent Agenda 1. Authorization for Mayor to sign Supplemental Agreement #8 with David Evans & Associates for additional illumination work for the Five Corners Roundabout project— Consent Agenda Packet Page 26 of 400 J. Authorization for Mayor to sign an Interlocal Agreement (ILA) with Snohomish County for a Natural Yard Care Practices Outreach Program Targeting Homeowners — Consent Agenda K. Authorization for the Mayor to sign Supplemental Agreement No. 2 with the Blueline Group for additional construction inspection and administration services — Consent Agenda L. Acceptance of a 50-foot street dedication (105th PI W) and authorization for Mayor to sign face of plat documents accepting the street dedication — Full Council December 3, 2013 M. Veterans' Memorial Park Update — Full Council November 26, 2013 N. City Park project update — A special Parks, Planning & Public Works Committee meeting was held on November 20. 11. REPORT ON OUTSIDE BOARD AND COMMITTEE MEETINGS Councilmember Fraley-Monillas reported the Parking Committee is discussing more parking downtown. The building to the south of the ferry terminal has underground long term rental parking. The Highway 99 Task Force asked Mr. Chave to propose amendments to the zoning on Highway 99 to allow different types of development. The EDC was provided an update on the Westgate project. Councilmember Johnson reported on the Historical Society dinner that was attended by over 200 people. She attended the Planning Board's November 13 meeting, the HPC's November 14 meeting and the EDC's November 20`h meeting. Councilmember Peterson reported on the PFD meeting, relaying the PFD has hired some additional staff to fill vacancies. ECA Staff reported ticket sales for all this year's performances have been at or near 90%. Councilmember Buckshnis reported on the WRIA 8 meeting, relaying that the legislature funded the Puget Sound Acquisition and Restoration Program in the amount of $70 million for 2013 through 2015. Seven members of WRIA 8 are retiring. She reported Mayor Earling provided an update on Sound Transit at the Snohomish County Tomorrow meeting. The meeting also included updates on SEPA regulations and the 2015 Comprehensive Plan update. Councilmember Bloom reported the Tree Board meeting included comment from a citizen concerned with a large tree in the City right-of-way. Mr. Lindsay will follow up with the citizen. The Tree Board also reviewed the draft proposal for obtaining permitting and approval for tree removal and trimming within City rights -of -way, funding for the tree code rewrite and impervious surface and tree canopy inventories. Councilmember Bloom reported the Port meeting included reports from Commissioners regarding information provided at a conference regarding farmers markets and DOE stormwater regulations. Council President Petso reported on meetings staff held with residents: November 20 to discuss the Sunset Walkway project and November 21 to discuss the 76`h Avenue construction project. Mayor Earling reported the Sound Transit Board approved the Northgate to Lynnwood preferred alternative. 12. MAYOR'S COMMENTS Mayor Earling reminded of Small Business Saturday, an opportunity to shop local, and the tree lighting ceremony on Saturday at 4:30 p.m. in front of City Hall. 13. COUNCIL COMMENTS Council President Petso reported according to the code, the EDC is to provide a report on or around the first meeting in December. By mutual agreement it will be scheduled the first week of January. Packet Page 27 of 400 Councilmember Bloom relayed the Port's invitation for the public to visit the marina for Holiday on the Docks sponsored by the Edmonds Yacht Club in the guest moorage area of the Port marina December 1 through January 5. Councilmembers Buckshnis and Johnson wished everyone Happy Thanksgiving and safe travels. Councilmember Fraley-Monillas congratulated Senator John McCoy, 38"' District, who was appointed tonight. Mayor Earling relayed Swedish -Edmonds Hospital is again operational following a fire on Thursday, November 21. 14. CONVENE IN EXECUTIVE SESSION REGARDING PENDING OR POTENTIAL LITIGATION PER RCW 42.30.110(1)(i) This item was not needed. 15. RECONVENE IN OPEN SESSION. POTENTIAL ACTION AS A RESULT OF MEETING IN EXECUTIVE SESSION This item was not needed. 16. ADJOURN With no further business, the Council meeting was adjourned at 10:55 p.m. Packet Page 28 of 400 EDMONDS CITY COUNCIL DRAFT MINUTES December 3, 2013 The Edmonds City Council meeting was called to order at 6:15 p.m. by Mayor Earling in the Council Chambers, 250 5"' Avenue North, Edmonds. ELECTED OFFICIALS PRESENT Dave Earling, Mayor Lora Petso, Council President Strom Peterson, Councilmember Frank Yamamoto, Councilmember Joan Bloom, Councilmember Kristiana Johnson, Councilmember Adrienne Fraley-Monillas, Councilmember Diane Buckshnis, Councilmember ALSO PRESENT Thea Ocfemia, Student Representative 1. ROLL CALL STAFF PRESENT Al Compaan, Police Chief Jim Lawless, Assistant Police Chief Stephen Clifton, Community Services/Economic Development Director Phil Williams, Public Works Director Roger Neumaier, Finance Director Carrie Hite, Parks & Recreation Director Rob Chave, Acting Development Services Dir. Rob English, City Engineer Kernen Lien, Senior Planner Jeff Taraday, City Attorney Scott Passey, City Clerk Jana Spellman, Senior Executive Council Asst. Jeannie Dines, Recorder City Clerk Scott Passey called the roll. All elected officials were present. 2. CONVENE IN EXECUTIVE SESSION REGARDING PROPERTY ACQUISITION PER RCW 42.30.110(1)(b), COLLECTIVE BARGAINING PER RCW 42.30.140(4)(b), AND PENDING/POTENTIAL LITIGATION PER RCW 42.30.110(1)(i) At 6:17 p.m., Mayor Earling announced that the City Council would meet in executive session regarding property acquisition per RCW 42.30.110(1)(b), collective bargaining per RCW 42.30.140(4)(b), and pending/potential litigation per RCW 42.30.110(l)(i). He stated that the executive session was scheduled to last approximately 45 minutes and would be held in the Jury Meeting Room, located in the Public Safety Complex. No action was anticipated to occur as a result of meeting in executive session. Elected officials present at the executive session were: Mayor Earling, and Councilmembers Yamamoto, Johnson, Fraley-Monillas, Buckshnis, Peterson, Petso and Bloom. Others present were City Attorney Jeff Taraday, Parks & Recreation Director Carrie Hite and City Clerk Scott Passey. The executive session concluded at 6:59 p.m. Mayor Earling reconvened the regular City Council meeting at 7:03 p.m. and led the flag salute. 3. APPROVAL OF AGENDA Council President Petso requested the following changes to the agenda: • Add swearing in of Kristiana Johnson as Item 3a. Packet Page 29 of 400 • Move Item 6 to Item 3b. Councilmember Bloom explained she originally intended to pull Items 8 and 9 because they were not properly noticed and did not inform citizens what the Council would be discussing. Staff and Mayor Earling have agreed to take public comment on those items tonight and continue them to a date to be determined when public comment would be taken again. COUNCIL PRESIDENT PETSO MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO APPROVE THE AGENDA IN CONTENT AND ORDER AS AMENDED. MOTION CARRIED UNANIMOUSLY. 3A. ADMINISTRATION OF OATH OF OFFICE TO COUNCILMEMBER KRISTIANA JOHNSON Mayor Earling explained because Councilmember Johnson was appointed, she must be sworn in following the election to serve until December 31, 2013. She will be sworn in again at the first meeting in January. Mayor Earling administered the oath of office to Councilmember Johnson. 6. DISCUSSION AND POTENTIAL ACTION ON THE ENTRY OF FINDINGS AND CONCLUSIONS REGARDING THE APPEALS OF THE ARCHITECTURAL DESIGN BOARD'S DESIGN APPROVAL OF POINT EDWARDS' BUILDING 10 TO BE LOCATED AT 50 PINE STREET UNDER FILE PLN20130022. APPEAL NUMBERS APL20130005 - APL20130008 Mayor Earling reported Special Counsel Carol Morris was unable to attend tonight's meeting; therefore, this item will be continued. Efforts were made to inform the public via My Edmonds News and alerting the attorneys involved. COUNCIL PRESIDENT PETSO MOVED, SECONDED BY COUNCILMEMBER BLOOM, TO MOVE THIS ITEM TO DECEMBER 17, 2013. Councilmember Buckshnis suggested rescheduling to the December 10 meeting. Council President Petso explained at least one Councilmember will be absent from the December 10 meeting; she believed all Councilmembers will be present at the December 17 meeting. MOTION CARRIED UNANIMOUSLY. 4. APPROVAL OF CONSENT AGENDA ITEMS COUNCIL PRESIDENT PETSO MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: A. APPROVAL OF CLAIM CHECKS #205647 THROUGH #205765 DATED NOVEMBER 27, 2013 FOR $308,695.33 B. ACKNOWLEDGE RECEIPT OF A CLAIM FOR DAMAGES FROM MATHEW JAMES MIGHELL (AMOUNT UNDETERMINED) C. REAPPOINTMENT AND RETIREMENT OF BOARD AND COMMISSION MEMBERS D. AUTHORIZATION FOR MAYOR TO SIGN AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF EDMONDS AND THE CITY OF LYNNWOOD FOR THE 76TH AVE W SEWERLINE & WATERLINE INSTALLATION PROJECT Packet Page 30 of 400 5. AUDIENCE COMMENTS Natalie Shippen, Edmonds, suggested Edmonds return to the sign code that kept the City tidy for many years; the first step would be to prohibit sandwich -board signs in the public right-of-way which was the rule in Edmonds for many years and still is in many cities. Exceptions to that rule would be a one-time 60 day period for new businesses to display a sandwich -board sign and possibly for special events. She suggested the signs require a permit and when the permit expires, the Planning Department notify the business they have five days to comply and impose a $50/day fine for each day of non-compliance. She summarized the sign code has a number of problems but this is the most critical. Ken Reidy, Edmonds, said the code rewrite is the biggest issue facing the City. Establishing a comprehensive, accurate, consistent and easy to administer City code is critical to the City's efforts to provide a high level of government service that invites economic and other beneficial activities. He described the difference between the Edmonds City Code (ECC), also known as the Edmonds Municipal Code, that consists of Title 1-10 that address issues such as health, safety, finance, officials„ boards and commissions; and Edmonds Community Development Code (ECDC) that consists of Titles 15-23 that address building, planning, land use, public works, design and natural resources. Both parts of the code require update. He referred to discussion of Chapter 2.10 regarding confirmation and duties of City officers on tonight's agenda, explaining the process began in 2012 and he spent over 100 hours researching this code section. He urged the Council to give the complex code rewrite the attention it deserved. Next, he relayed the State Board for Professional Engineers and Land Surveyors has established a precedent that it will take no corrective action against surveyors who produce preliminary plat maps that violate City of Edmonds standards. Therefore the City has a responsibility to careful review the accuracy of surveyors work. He offered to meet with Councilmembers to discuss this in more detail. 7. PUBLIC COMMENT AND DISCUSSION OF THE SUNSET AVE WALKWAY PROJECT Public Works Director Phil Williams explained the reasons for this project include view access, safety and accessibility. He displayed several photographs of the view from the west edge of Sunset Avenue, of people walking in the street and a bicycle riding the wrong way on Sunset Avenue to illustrate safety issues, and of the dirt path on the west side of the curb to illustrate accessibility issues. Mr. Williams described what is included in the project: • 2,000 foot long multi -use pathway on Sunset o For use by wheelchairs, stroller, roller blades, bicycles, Segways, walkers and other non - motorized traffic • Another 500 feet of improvements will be constructed on Caspers • 100% ADA accessible • Benches, art work • Continued access to parking Mr. Williams described what is not included in the project: • Trees • Tall or unshielded lights • Fencing (some limited railing will be necessary) Mr. Williams described the public process/information to date: • Project placed on City's CIP 2011 —public comment. • Project also placed on 2012 and 2013 CIP • Added to TIP in 2011 after public comment and Council approval Packet Page 31 of 400 • Council resolution adopted to apply for funding — 2011 • Public survey and public meeting — 2011 • Sunset Avenue Overlook project in PROS Plan since 2008 • Press release may have been issued when grant received Mr. Williams identified issues to be addressed: • Parking • Circulation • Driveway access and turning radii • Emergency vehicles, refuse trucks and other delivery vehicles • Options/geometry on Caspers Street • Adequate public outreach and involvement, next meeting December 18 • Specific design features ie: artwork benches railing crosswalks, etc. • BNSF coordination Councilmember Buckshnis referred to the photograph of the proposed sidewalk connecting to an existing sidewalk, relaying it was her understanding the dirt path would not be disturbed. Mr. Williams explained the City owns the property west of the curb on both the northern end and the southern ends of the project; the property the City owns narrows to the north where it encounter the BNSF right-of-way. BNSF has offered a lease to allow use of the property on the railroad's right-of-way that the City has already been using. The multi -use pathway would be in the location of the dirt path for some distance and then would move to the east. Councilmember Buckshnis asked whether it was a 10-foot or 12-foot walkway, noting a 2-foot difference was a lot in a 30 foot street. Mr. Williams answered none of the decisions are cast in concrete but typically a multi -use pathway is approximately 12 feet. The consultant believes state regulations would allow it to be signed as a multi -use pathway down to 10 feet. There may be locations where the pathway would be 10 feet due to the geometry. He summarized it makes sense to have a 12-foot pathway where there is room to do so. Councilmember Buckshnis assumed a 12-foot pathway would eliminate the angle parking. Mr. Williams responded the hope is to duplicate what currently exists. Councilmember Buckshnis asked whether the roadway would be changed to one-way. Mr. Williams answered the same two-way and one-way areas would be maintained. Councilmember Buckshnis recalled a fence was installed at the dog park after two dogs were killed. She asked whether staff planned to ask BNSF for a statement that they will not install a fence. Mr. Williams answered staff would try but it was difficulty to get BNSF to commit to anything long term. BNSF has a long term plan for a third track which would require cutting the bank and part of the street and building a wall. BNSF has been satisfied for the past 20 years with the plantings in this area and the ability of the plants to discourage access to the railroad tracks from Sunset Avenue. Councilmember Buckshnis asked how much has been spent to date on this walkway project. Mr. Williams responded the City received a $159,000 grant from Congestion Mitigation and Air Quality (CMAQ); the City signed a contract with MacLeod Reckord, an architectural design firm, for $62,000 to develop preliminary concepts that could inform the public process. Approximately $55,000 of the $62,000 pre -design contract has been expended to develop 2D drawings that can be displayed and commented on at public meetings and adjusted as necessary. Staff has heard the City will soon be offered an additional $90,000 grant that can be added to the $159,000 to complete a full design process on whatever project is eventually scoped. Councilmember Buckshnis asked whether the design in the PROS Plan would be used. Mr. Williams answered that version was tailored to the funding source at the time, Recreation and Conservation Office (RCO), and the project needed to look and function like a trail. The Packet Page 32 of 400 Federal Highway Administration (FHWA), the source of these two grant opportunities, are not concerned that the project looks like an expanded sidewalk. Councilmember Buckshnis observed this was not a Complete Streets project but was designed to increase tourism. Mr. Williams answered it definitely was a Complete Streets themed project. It greatly enhances access to this corridor for non -motorized users and keeps users safer while maintaining vehicular functions. Councilmember Fraley-Monillas asked whether a long-term lease of the property would prevent BNSF from installing a fence if they found the walkway increased their liability. Mr. Williams answered no, explaining BNSF was not offering a long term lease; they have offered a one-year revocable lease. He assumed they also retained the right to install a fence. Staff has been clear with BNSF that the reason for the lease is to develop this multi -use pathway. If BNSF saw the pathway as inconsistent with the operation of the railroad, he was certain they would not offer a lease. He anticipated discussions with BNSF regarding ways to reduce the temptation to access the water from the bank via softscaping. He recalled 20 years ago, the fence was related to increased speeds on the railroad tracks. Councilmember Fraley-Monillas pointed out even if the City did not install the walkway, BNSF could still install a fence. Mr. Williams agreed, anticipating the same public outcry as occurred 20 years ago. He summarized he doubted BNSF would sign a document giving away any future rights regardless of how unlikely it was they would avail themselves of those rights. Council President Petso asked whether the original request for a fence was initiated by the City and referred to documents she found that indicate that may have been the case. Mr. Williams answered he did not study all the documents; the idea of a fence was related to the Utility and Transportation Commission's (UTC) evaluation of BNSF's request to increase speeds. Council President Petso offered to provide the documents to Mr. Williams. Mr. Williams explained staff has talked with and walked the alignment with BNSF representatives; he did not sense any alarm on their part about the proposal. BNSF was not aware the street was partially in their right-of-way until the recent survey. Mayor Earling opened the opportunity for public comment. Bruce Jones, Edmonds, commented a 12-foot wide sidewalk will not work with the geography of the street. He anticipated the FHWA has seen many 5-foot sidewalks and questioned why the design started with fitting everything around a 12-foot wide sidewalk. Marilyn Lindberg, Edmonds, a resident on Sunset, expressed her strong opposition to the proposed sidewalk for Sunset Avenue. She anticipated a 10-12 foot sidewalk, 7-foot parking, 3-foot bike lane in the existing 30 feet would prevent her from backing out of her driveway. She foresaw chaos on a sidewalk on the west side with walkers, runners, skateboarders, strollers, wheelchairs, bicyclist and dogs on leashes. She recommended the grant either be cancelled or rescinded as the project is not desirable for this street. Sally Wassall, Edmonds, a resident on Sunset, said Sunset is 32' 10" wide in front of their house. She questioned how parking and access for cars and trucks could be provided if the width was reduced by 12 feet for a sidewalk. She feared BNSF or WUTC would request a fence which was successfully prevented in the past. A fence would also be detrimental due to the sandy loom soil that is prone to slides. She summarized the walkway was a bad idea and they would like it to go away. Thalia Moutsanides, Edmonds, a resident on Sunset, referred to photographs she provided the Council that illustrate an oil truck making a delivery and the limited space for a car to go around. If a 10-12 foot wide sidewalk were construction on the west side, a vehicle could not pass. Sunset is 30 feet wide in front of her house, 10-12 feet for a sidewalk, 2 foot buffer zone, 8'5" parallel parking equals more than 20-22 Packet Page 33 of 400 feet, leaving less than 8-10 feet for vehicular traffic; oil trucks and emergency vehicles are 8 feet wide. Her photographs also illustrate an area where construction vehicles parked on both sides, making the road nearly impassible. Most people who walk on Sunset are opposed to the walkway. She was concerned with altering the fragile embankment, traffic, water problems, etc. She was strongly opposed to the project. Rick Hedges, Edmonds, a resident on Sunset, requested the Council rethink the walkway. Although he was opposed to the walkway project, if it proceeded he preferred a 5-foot wide sidewalk rather than 12- feet. He questioned how a pathway on the bank side of Sunset that combined bicycles, children, dogs on leash, etc. would work and feared it would encourage access to the railroad tracks. Northbound vehicular access would be negatively impacted by a narrowed roadway shared with bicycles, garbage trucks, etc. The current configuration is calm and enjoyable; he estimated a gravel trail to replace the dirt trail would be much less expensive. Jim Wassall, Edmonds, a resident on Sunset, explained in the past neither BNSF nor the City wanted the fence, it was proposed by WUTC due to BNSF's request to increase train speeds. The requirement for a fence along Sunset was rescinded following a public outcry. He asked the cost of the one-year, renewable lease BNSF has offered the City. He relayed a car drives the wrong way on Sunset once a day on average; that would create a dangerous situation if the roadway is narrowed 12-feet. He was opposed to the proposed walkway. Carol Nickisher, Edmonds, a resident on Sunset, explained she moved to Sunset from Magnolia 2%2 years ago due to the natural embankment that is part of the historic character of Edmonds. She has three large west -facing windows in her house and walks with her dog on the west side of Sunset daily and could not fathom a multi -use pathway that combined dogs, bicycles, roller blades, Segway and children. If there are safety concerns, it would be less expensive to install speed bumps although in her experience vehicles do not speed on Sunset. She doubted a promenade would attract more tourists, anticipating tourists would come anyway for the view. She estimated 80% of the people who visit Sunset will oppose this improvement. She relayed the remark of one person who said it's beautiful as it is, leave it alone. She opposed the walkway. Jim Wilkinson, Edmonds, owner of multiple properties on Sunset, felt the proposal was trying to do too much in the available space. He has heard of car doors hitting cars where the roadway was narrowed on Main between 5th and 6th and did not want that to occur on Sunset. If improvements were made, he preferred a pedestrian -friendly, no parking area. The pathway will not go anywhere and will increase congestion. He asked that the City address a van with a handicap permit that parks and performs household tasks on Sunset for 6-10 hours every day. Edmonds allows vehicles with handicapped permits unlimited parking; federal law allows a 4-hour limits. He pointed out a 12-foot walkway on the west side would move parking to the crown of the street, further reducing views from one-story houses on Sunset as well as creating a sloped driving lane. Mike Echelbarger, Edmonds, a resident on Sunset, agreed with his neighbor's concerns regarding parking, fencing, lighting, etc. He was not opposed to the proposal, noting there was only a plan to develop a proposal. He commented there are thousands of people walking on Sunset on a sunny weekend day. Of the thousands, only a small minority walk on the sidewalk; most walk in the bike path, the west side of the curb or the east side of the parked cars. The City needs to develop a plan to address the serious safety issue posed by people walking in the street. Although the speed limit is only 20 mph, drivers are looking at the view, not the roadway. He was not opposed to developing a plan to determine whether all the concerns could be addressed. He encouraged the City to seek input on this project from all users of Sunset, anticipating the use of Sunset will increase as the population increases. John Segelbaum, Edmonds, a resident on Sunset, said the question for the Council is to analyze the pros and cons of the proposal. Increasing pedestrian, bicycle, rollerblade, etc. traffic on Sunset is both a pro Packet Page 34 of 400 and a con as it will create congestion, increase risk of accidents between bicycles and motorists and create a traffic nightmare by decreasing the width of the roadway. Safety has never been a significant issue on Sunset; narrowing the roadway will increase conflicts between pedestrians, bicycles and vehicles. Moving the parking 13 feet east will either destroy or significantly restrict residents' ability to back onto Sunset Avenue as well as restrict access by service vehicles. The walkway will likely result in the elimination of the on -street parking that residents depend on. Over 100 years Sunset and Front Street have served three purposes, moving vehicular and pedestrian traffic from Main to Caspers and ingress and egress for residents without impacting views. He concluded the proposed walkway would undo the character of Sunset Avenue. Jerry Tays, Edmonds, a former federal land manager, said he would have been unable to carry out such a project because a yearly lease would not be sufficient to spend federal funds on improvements. He questioned how city or state funds could be spent on property that the City does not own either in fee or a long term lease or how the City's investment would be protected in the future. Jen Antilla, Edmonds, a regular user of Sunset, said Sunset's natural environment is what appeals to people using the area. She suggested allowing only local access on Sunset, explaining many who park on Sunset leave their engines running which is disruptive to the environment, residents and pedestrians. Lisa Barern, Edmonds, relayed her family moved to Edmonds from the mid -west and they often visit waterfront parks. She did not anticipate a walkway would attract more visitors; people enjoy it now. She supported a gravel path or small sidewalk to provide ADA accessibility. She feared increasing activity on the west side would create a need for a fence to protect users from the bluff. Ken Reidy, Edmonds, said he has enjoyed Sunset in its current configuration since the mid-70s and it will be a sad day for Edmonds if the current situation changes. He suggested involving the public earlier in the process such as notification before projects are added to the CIP, CFP or TIP; notice mailed to residents within a certain radius of a project; or notification before the City seeks a grant. 8. PUBLIC COMMENT AND DISCUSSION ON THE SR-104/RAILROAD CROSSING ALTERNATIVES ANALYSIS Public Works Director Phil Williams relayed staff is recommending the City seek funding to analyze alternatives that could resolve the current conflicts caused by at -grade railroad crossings located at Main and Dayton Streets on the waterfront. BNSF is projecting a very significant increase in train traffic over the next 8-18 years, increasing from the current 35-40 trains per day to 70 days per day in 2020 and 104 trains per day by 2030. These trains cross the two rail crossings, often blocking them both at the same time. These numbers do not include the near -term potential addition of up to 18 trains per day hauling coal for export from the proposed expanded terminal near Bellingham. Rail traffic already presents significant conflicts, delays and safety hazards that will become debilitating as train numbers increase rapidly over the next decade: • Passing trains prevent the timely delivery of emergency services to the water side of the BNSF tracking where there is a busy senior center, 700 slip marina, nationally significant saltwater dive park, three City parks, several office buildings, two 2-5 story condominium buildings, several single family homes, a popular dog park, 3 restaurants and the ferry dock, all frequent users of emergency services. Delayed responses of several minutes or more are not uncommon and will be more frequent in the future. • Each train passing through Edmonds sounds its whistle at approximately 115 decibels, 8 times in a quarter mile distance as it passes the above developments. These blasts are deafening and disruptive to the enjoyment of the Edmonds waterfront. This will likely limit the desirability of future development on the Antique Mall and Harbor Square properties, significant keys to Edmonds' economic future. Packet Page 35 of 400 • Train passage completely halts ferry loading and unloading which affects both vehicle traffic and walk-on passengers, decreases rider satisfaction, increases average trip duration and reduces schedule reliability. He commented on the intensive planning process that culminated in a plan to move the ferry terminal to Point Edwards via the Edmonds Crossing project. The project enjoyed widespread popular and political support at the local, state and national levels. This project is listed in the City's Comprehensive Plan. Fundraising for the project was successful in obtaining commitments for $80 million by 2007; cost estimates for the project were 3 times that amount and likely have increased substantially since then. With the subsequent economic downturn and reduced revenues and grant opportunities at the state and federal levels, the project became infeasible and grant commitments have since been withdrawn. The project is not included in the State's Long Range Transportation Financial Forecast that extends to 2030 and there is no guarantee funding will be available after that date. A new plan needs to be developed that can address the identified problems listed above much sooner. The request for $2 million is designed to provide the resources to thoroughly analyze all available options for resolving the problems listed above or at least as many as practicable. The first step would be a public process to identify all the alternatives that could be evaluated. These would likely include a scaled down version of Edmonds Crossing, and various versions of over and underpasses in different locations and capacities including dedicated facilities for emergency vehicle access. It is important to the credibility of the study not to narrow the list too early in the public scoping process. Once an initial list has been produced and publicly vetted, a screening analysis would begin to compare costs, efficacy in addressing the identified problems and/or creating opportunities, constructability, and compatibility with ongoing operations of the State ferry, railroad and other stakeholders. After screening available alternatives, a short list of projects or combination of projects that pass screening level feasibility would be further analyzed and scoped. Cost estimates can then be developed and compared. A preferred project or combination of smaller projects could then be selected and pre -design work completed. In addition to site specific work at the at -grade intersections, it is important to recognize that the entire SR104 corridor from 1-5 and Highway 99 to the ferry terminal is a state highway and a major transportation corridor that must efficiently move traffic to and from downtown Edmonds to provide a reliable long term connection. The corridor must also balance efficient movement of vehicles with both pedestrian and bicycle facilities. This corridor is facing significant development pressure throughout its length, specifically in the Westgate area. Consequently, the City is also requesting funding to conduct a multimodal transportation analysis along the corridor that can complement the City's ongoing land use planning efforts without impacting the ferry system or other downtown attractions. Conducting an alternatives analysis does not mean the City has given up on Edmonds Crossing. Staff recommends keeping that project in the Comprehensive Plan. It is time to acknowledge that in light of the funding constrains, the community needs to begin looking at all possible options to address access conflicts and safety issues presented by the at -grate BNSF crossings at Dayton and Main Streets. The problem will get more acute with each passing year. Councilmember Bloom advised she requested this be scheduled on the agenda. As mentioned earlier, public comment will be taken at a future meeting because the item was not properly identified on the agenda. She asked Community Services/Economic Development Director Stephen Clifton to state the proposed title of the analysis. Mr. Clifton explained Councilmember Bloom and Council President Petso met with Mayor Earling, Mr. Williams, Mr. English and him today to discuss concerns with the title. He offered the proposed amendment project title: Alternatives Analysis to Study Waterfront Access Issues Including But Not Limited to 1) Emergency Vehicle Access, 2) At -Grade Conflicts Where Main and Dayton Streets Intersect BNSF Rail Lines, 3) Pedestrian And Bicycle Access, and 4) Options to the Edmonds Crossing Multimodal Terminal Project (Identified as Modified Alternative #2 within the 2004 Packet Page 36 of 400 Final Environmental Impact Statement). Councilmember Bloom requested the next opportunity for public comment identify the item by that title. Councilmember Bloom relayed citizens' questions regarding why the City is trying to resolve the railroad's and ferry's issues when the need is an emergency vehicle access. She asked whether the study could be narrowed to only emergency vehicle access. Mr. Clifton answered that could be done but that was not staff s recommendation. The recommendation is a multi -pronged approach to address vehicular emergency access, pedestrian/bicycle access, and at -grade conflicts at Main and Dayton Streets. He noted a study of minimum build alternatives of Edmonds Crossing was not a new concept; he recalled emailing the Council in 2008 about the City and WSF's discussion of minimum build alternatives to Edmonds Crossing due to the lack of a funding mechanism to construct Edmonds Crossing by the target date by 2017. WSF's long range plan 2009-2013 does not identify any funding for the Edmonds Crossing project and Puget Sound Regional Council's 2040 plan references the WSF long range plan and acknowledges there is no funding for Edmonds Crossing. Considering that WSF has not identified a funding source for at least the next 17 years for Edmonds Crossing, the question was whether the community was willing to accept the ferry terminal and the related conflicts in its existing location; many people are interested in discussing options to the Edmonds Crossing project. He summarized it is up to the Council to decide whether to narrow the scope. Councilmember Bloom asked whether a study could be prioritized that focused on emergency vehicle and pedestrian access and a separate study done in the future to address other issues. Mr. Clifton answered that was a decision of the Council. The title as provided above is the administration's recommendation; if the Council chores to narrow the scope, staff will implement Council's request. Councilmember Peterson asked whether narrowing the scope would reduce the City's chances of obtaining a grant for the study and the pool of grant sources. Mr. Clifton answered it could. Including the four issues highlighted in the recommended title increases the possibility of an appropriation from the legislature. Councilmember Peterson envisioned a local project would be supported by representatives in the 215i and 32nd District; a study that addressed regional transportation issues would have wider support. Mr. Clifton agreed, anticipating that analyzing options to Edmonds Crossing would broaden the appeal of an appropriation. Councilmember Buckshnis expressed interest in addressing both short term and long term issues. She supported having the Reid Middleton study updated, recalling it included two ferry slips, Edmonds Crossing, a mid -waterfront alternative, etc. She agreed with Councilmember Bloom that emergency access also needed to be addressed. Mr. Clifton summarized the amended title addresses the concerns expressed by Councilmembers Buckshnis, Peterson, and Bloom and Council President Petso. Councilmember Fraley-Monillas estimated it would be 20 years before a study was completed and enough funding was identified for a project to relieve all the problems. She was interested in studying emergency access, noting there are several emergency accesses over the railroad tracks including Carkeek Park, Richmond Beach, Mukilteo and downtown Seattle. She relayed her understanding a study would investigate all options. Mr. Clifton advised emergency vehicle access was the first item in the proposed title. The alternatives analysis would study where an emergency vehicle overpass could be located if at all. Many assume an emergency vehicle overpass could be constructed over the lower yard owned by Unocal; it is unknown whether Unocal would allow emergency access over that property. Mayor Earling opened the opportunity for public comment. Phil Lovell, Edmonds, displayed a photograph of the train that blocked the entire Edmonds waterfront on November 15, 2013 including a loaded ferry arrival. As tragic as the accident was, further losses of life or property could have occurred from a concurrent accident or fire on the west side of the tracks in the same Packet Page 37 of 400 timeframe. He recalled a public and media event hosted by Mayor Earling's in July 2012 to highlight the ongoing challenges the City faces due to increasing railroad traffic through the downtown waterfront. In comparison, this issue makes the Five Corners roundabout and long range vision for Westgate look like chickenfeed. The most significant action the City has taken to date to address the matter is placeholder funding in the 2014-2019 CIP/CFP to complete a study. This placeholder project is necessary to allow the City to pursue grant funds to undertake an alternatives study. He urged the Council to approve the draft CIP/CFP that include the proposed study. Mike Schindler, Edmonds, encouraged the Council to move smartly with regard to resolving the railroad crossing issue and approve the proposal to request $2 million. He referred to the train accident that blocked access for over four hours, a situation that impacted the ferry, the flow of commerce and traffic, local business, and left a segment of citizens vulnerable. Humans are motivated to make decisions when something needs to be fixed, accomplished or avoided; for economic, transportation and safety reasons this situation needs to be fixed. He supported anchoring a decision in expert analysis, anticipating separate decisions would increase the cost. The four -pronged strategy is the right strategy and he encouraged the Council to move forward with it. Ron Wambolt, Edmonds, expressed support for the administration's proposal for an alternative access analysis. He agreed emergency access to the waterfront was needed; as resident of Dayton Street, he sees numerous emergency vehicles accessing the waterfront area daily. Miraculously there was not an emergency during the time access was blocked in early November. With regard to concerns with the amount of the requested allocation, he pointed out the $1 million request in 2014 and $1 million in 2015 would be only a small percentage of a project that would ultimately cost tens of millions. This is an ideal time to ask for funding from the legislature as they consider a $0.10 increase in the gas tax. He urged the Council to support this project. Bob Rinehart, Edmonds, expressed support for the proposed study, pointing out the study was critical to determining the question before seeking answers. Even with the economic downturn, multimodal challenges still remain. A good, broad, solid look at the issue was needed to ensure that when steps were taken, they were the right steps. As growth occurs and ferry and traffic volumes increase, it is important for citizens to be able to make full, consistent use of the waterfront area. He supported the study in order to address the issue in a thorough and comprehensive manner. David Jones, Edmonds, referred to Councilmember Fraley-Monillas' comment that it would likely be 20 years before a project was designed and funded, expressing concern with accomplishing only a bandaid to this complicated issue in 20 years. He recognized the scope and scale were large but urged the Council to take a comprehensive look at the challenges rather than one at a time. He commented some of the challenges may seem more important now but in 20 years they will all need to be addressed. Jen Antilla, Edmonds, suggested the study be presented in a way that the state will fund it; Edmonds cannot afford the analysis or a preferred project. She anticipated 4-5 hour blockages of the waterfront will be the norm with the number of trains that are projected in the future. Ferry access including emergency vehicle access is WSF's problem and they should provide funding. Noise from train traffic will become increasingly objectionable as the frequency of trains increases. Greg Toy, Edmonds, recognized this is a complex issue and there may not be a silver bullet. Although many have suggested a comprehensive solution, it appears emergency access is the principal concern. He suggested finding a solution to that problem now rather than a comprehensive solution that may take 20 years to implement. Bruce Witenberg, Edmonds, pointed out the City has a highly capable and competent staff and he accepted the reasons advanced by Mr. Williams and Mr. Clifton supporting this alternatives analysis. He Packet Page 38 of 400 expressed support for the $2 million in the CIP to fund this analysis, pointing out that unless it is included in the CIP, the City has little change of securing funding for a meaningful alternatives analysis. He supported exploring all available alternatives, including an emergency vehicle access and resolving conflicts between users of the railroad crossing, noting the study could prioritize some projects. He recommended broad based community input to ensure transparency and diversity of ideas and opinions to ensure community buy -in for the ultimate project. He urged the Council to support inclusion of the $2 million alternatives study in the CIP. Ken Reidy, Edmonds, agreed many times a comprehensive, bigger plan makes more sense; in this case the most pressing issue is emergency vehicle access to the waterfront. He wondered how residences, businesses, parks, etc. were permitted on the other side of the railroad tracks without emergency access. He supported looking at the overall situation but urged the Council not to delay the critical, urgent need for emergency access by grouping it with a bigger project. 9. PUBLIC COMMENT AND POTENTIAL ACTION ON THE 2014-2019 CAPITAL IMPROVEMENT PROGRAM Mayor Earling opened the opportunity for public comment. There was no one present who wished to provide comment. Councilmember Bloom requested public comment and potential action be continued to a future meeting as the agenda item was not clear to the public and no information was included in the packet. When the item is scheduled on a fixture agenda, she requested it include a presentation from staff and information in the packet regarding the alternatives study. After asking Councilmembers who will be in attendance at the December 10 and 17 meetings, Council President Petso rescheduled this item for the December 17 meeting. There was no interest expresses by the Council in a special meeting on December 19 or 20. She asked whether the CIP has budget implications. Finance Director Roger Neumaier advised there are potential budget ramifications if material changes are made to the CIP. The Council could delay adoption of the budget or, if the 2014 budget is adopted tonight, it could be amended in two weeks. 10. PUBLIC COMMENT AND POTENTIAL ACTION ON PROPOSED ORDINANCE ADOPTING AMENDMENTS TO THE CAPITAL FACILITIES PLAN ELEMENT OF THE COMPREHENSIVE PLAN Mayor Earling opened the opportunity for public comment. There was no one present who wished to provide comment. For Council President Petso, Public Works Director Phil Williams said the Sunset Walkway project is included in the Capital Facilities Plan (CFP) and a public meeting is scheduled on December 18. If the Council approved the CFP tonight, Council President Petso asked whether the CFP could be amended in the future to delete the Sunset Walkway project. Mr. Williams responded it is staff s opinion the CFP can be modified as long as it is accompanied by a budget amendment. Councilmember Buckshnis asked whether the grant funds would need to be repaid if the project was removed from the CFP. Mr. Williams answered he did not know how the funding agencies would react. If the Council's decision was to cease work on the project, it would need to be presented in away that it was once a good project but no longer was and not that the Council changed its mind. Councilmember Buckshnis looked forward to the community input at the December 18 meeting. Packet Page 39 of 400 Councilmember Johnson expressed concern with the practice of a placeholder in the CFP for specific projects, . For example, the $5 million placeholder in 2018 for a public market in the downtown waterfront. She did not recall any discussion at the Council regarding that project. Mr. Williams answered in that case Council directed staff to include the public market in the CFP; 2018 was selected because later years are not financially constrained. Councilmember Bloom asked whether the year-round market was included in the Comprehensive Plan. Acting Development Services Director Rob Chave answered it was included as a placeholder but there were no specifics. He also recalled the Council requested it be included in the CFP. Councilmember Johnson observed the current Wednesday market is located in a parking lot which seems to be sufficient. Noting $5 million was more than the purchase price of the Salish property, she was concerned with including this large expense in the CFP. Since the Council could change the CFP to exclude the Sunset Walkway project and because she did not provide Councilmembers the information on Sunset Avenue's history until tonight, Council President Petso suggested approving the CFP with the understanding the Council may make a change following the public meeting. COUNCIL PRESIDENT PETSO MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO APPROVE ORDINANCE NO. 3947, ADOPTING AMENDMENTS TO THE CAPITAL FACILITIES ELEMENT OF THE COMPREHENSIVE PLAN. Councilmember Johnson asked whether the Dayton Street & SR104 drainage improvement project, estimated cost $3,248,000, included funds for construction. Mr. Williams answered it includes a significant amount of engineering and planning. Studies regarding flooding and daylighting are already funded. Councilmember Johnson asked how that project relates to the Edmonds Marsh Shellabarger Creek that has an estimated cost of $8,931,000. Mr. Williams answered they are closely related. Councilmember Johnson asked how the projects would relate to an underpass at Dayton. Mr. Williams answered he did not know; no efforts have been given to an underpass or overpass at Dayton. He surmised a corridor under the railroad tracks at Dayton could provide an opportunity for something like a force main to pump excess water along that alignment. Councilmember Johnson asked whether the drainage problems at Dayton will be mitigated by projects associated with the marsh. Mr. Williams answered yes, explaining the marsh serves many environmental functions including benefitting the management of stormwater. He envisioned a pump station would be required to solve the issue at SR104 and Dayton. Councilmember Buckshnis advised the amount in the placeholder projects can be changed; the $5 million was a guestimate. She relayed questions from citizens about traffic calming in neighborhoods and asked how they could be moved forward faster. Mr. Williams responded it would require additional resources; in recent years traffic calming has primarily been the installation of speed signs. Consideration has been given to installing wiring in a pedestal and moving the sign around to different locations; drivers often ignore the sign if it is displayed too long in one location. There are other traffic calming opportunities via Complete Streets such as narrowing streets. Council President Petso asked whether the Council would have an opportunity to remove the Sunset Walkway project from the CFP after a design is proposed. Mr. Williams said his answer would be the same whether the project was removed during pre -design or during the design phase. Any time a project is proceeding with the use of federal transportation funds and the Council changes its mind, the City could be asked to repay the funds. A discovery such as substantially increased costs or other unknowns would be more defensible than the community changing its mind. He has never been asked to repay funds but is aware some communities have been. Packet Page 40 of 400 Councilmember Bloom recalled a citizen who expressed safety concerns on 216`h between Highway 99 and 76`h Place SW. Mr. Williams requested the Council inform staff if they wanted time spent looking at that issue and a report provided to Council. The Council could then add a project to the CIP if they wished. Councilmember Bloom referred to Mr. English's email that indicated perhaps Swedish -Edmonds, who owns some of the property and could be involved in making improvements. Mr. Williams clarified the citizen's concerns were the lack of pedestrian facilities on the north side of 216`h between Highway 99 and 72" d where Value Village is located; Swedish owns the Value Village property. Value Village has angle parking in that location; if a sidewalk were constructed, vehicles would have to back across it. There are no plans at this time to redevelop the Value Village property. Councilmember Fraley-Monillas reported she has observed that corner twice and agrees there are some issues. Mr. Williams advised staff will analyze the situation and provide information if the Council directs. He was hesitant to add a project on the CIP at the request of one citizen without any analysis. MOTION CARRIED UNANIMOUSLY. 11. PROPOSED ORDINANCE ADOPTING THE 2013 COMPREHENSIVE SEWER PLAN AS AN ELEMENT OF THE CITY OF EDMONDS COMPREHENSIVE PLAN COUNCIL PRESIDENT PETSO MOVED, SECONDED BY COUNCILMEMBER JOHNSON, TO ADOPT ORDINANCE NO. 3948, ADOPTING THE 2013 COMPREHENSIVE SEWER PLAN AS AN ELEMENT OF THE CITY OF EDMONDS COMPREHENSIVE PLAN. Council President Petso asked if there were any changes to the plan since it was last presented to the Council. Mr. Williams answered no. MOTION CARRIED UNANIMOUSLY. 12. ADOPTION OF THE CITY OF EDMONDS 2014 BUDGET Finance Director Roger Neumaier summarized the process to date: • Mayor presented budget to Council on October 1 • Public comment and departments budget presentations to Council on October 22 and 29 • Public hearing on November 4 Public comment and Council proposal and discussion of amendments on November 19 Public comment, property tax ordinance vote, budget ordinance introduction and Council vote on amendments to ordinance on November 26 Tonight, Mr. Neumaier recommended the Council: • Review current amended budget • Review the amended budget analysis • Make an amendment to reduce 2014 property tax budget by $98 thousand to reflect adopted banked property tax ordinance. • Make any other Council amendments. • Act on the amended 2014 budget ordinance Mr. Neumaier displayed a list of approved budget amendments, commending the Council on their discussion and the process of making budget amendments last week. The budget amendments and the $98,000 resulting from the Council's decision on the property tax ordinance are included in the amended budget. He displayed a list of proposed revenue, proposed expenditures, Council amendments and difference by fund. He provided a response to questions that have been asked: Packet Page 41 of 400 Is it a problem if a fund uses more resources than they provide in a given year? o Not if this is done for capital projects or as a part of a plan which spans into future years. ■ Utilities: Bonds and Planned Construction ■ Construction Funds: Programs often save for years to fund big projects. ■ General Fund: 2013 has projected surplus. 2014 will expend a portion of that surplus on one-time expenditures and Contingency and Risk Management Reserves are buffered. ■ Most fund balance uses in this budget are caused by capital projects. We are going to look a little bit closer at the General Fund to better understand its budget. How do 2014 revenues compare to 2013 projected revenues? o Amended General Fund revenues are up by 6.7% or about $2.3 million over projected year end revenues for 2013. o Of that $2.3 million or 6.7%: ■ Over $725,000 or 2% results from treating conservatively anticipated under -expenditures as a resource. ■ Increased permit fees revenues account for over $200,000 or 0.6% ■ Reimbursements for engineering services positions from the street and utility funds account for almost $200,000 or 0.6%. ■ Increases in Emergency Medical Services property (which is still 77% of 2009 levels was about $300,000 or another 0.9%. o Thus the increases for all other areas amount to about $1.0 million or 2.6% increase over projected 2013 levels. o This growth appears to be in line with modest historical trends. How do 2014 expenditures compare to 2013 projected expenditures? o The 2014 amended General Fund expenditure budget is 15.9% or about $5.2 million greater than 2013's estimated year end expenditure. ■ The 2013 estimated expenditure is net of under -expenditures. The 2014 includes approximately $725,000 which will be under -expended. ■ It includes $1.1 million to increase 2014 year end risk management and contingency reserve fund balances to their required levels. ■ And the General Fund budget includes about $1.4 million in one-time projects. ■ It includes almost $370,000 to fund engineering and Development Services positions which is funded by new revenues from permit fees and engineering charges to construction related funds. o Without the increases referenced above, the projected increase for the General Fund expenditures over 2013 projected year end would be almost $1.1 million or 3.3%. o This also appears to be a modest baseline for growth. He displayed a spreadsheet illustrating the impact of General Fund amendments on the General Fund in 2014 and 2015, explaining there was a $196,000 use of fund balance in 2014 and $67,100 in 2015. The $67,100 consists of the elimination of the longevity program, the annual volunteer picnic and $98,000 decrease in property taxes revenue, items that will have an ongoing impact on future years' budgets. If the Council banked the property tax increase in 2014 and chose to impose it in 2015, Council President Petso observed no long term use of fund balance would occur. Mr. Neumaier agreed, explaining if the banked property tax was imposed next year, the result of the Council's amendments would be positive to the General Fund. Mr. Neumaier displayed a Strategic Outlook Total Revenues and Expenditures 2011-2019 analysis for the General Operations Fund, highlighting the Ending General Operations Fund Balance is $4.6 million in 2012, $5.8 million in 2013, $4.2 million in 2014, $4.7 million in 2015, and $4.9 million in 2016; the balance begins to reduce 2017 and beyond. He acknowledged there were conservative assumptions in the projection that hopefully will be too conservative. Packet Page 42 of 400 Mr. Neumaier displayed a Strategic Outlook Total Revenues and Expenditures for the General Fund 2011-2019. He pointed out between 2013 and 2014 there is a decrease in the overall General Fund fund balance but it grows in future years and there is only a drop of about $450,000 aggregate for the entire General Fund at year end. Councilmember Buckshnis commented these presentations are different than what has been provided in previous years. She asked Mr. Neumaier to review transfer to other General Fund subfunds. Mr. Neumaier explained in 2013 there were $1.4 million in transfers out of the General Fund. In 2014 there were $3.8 million in transfers out of the General Fund. The funds primarily went to: • $500,000 to the General Operations Contingency Fund (saving account) • $600,000 to the Risk Management Fund • Building Maintenance Fund Councilmember Buckshnis explained although the chart of accounts is different, they reconcile and tie to the CAFR. Mr. Neumaier agreed Council President Petso, Councilmember Buckshnis, Accountant Deb Sharp and he reconciled year -by -year to the CAFR. COUNCIL PRESIDENT PETSO MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO REDUCE THE 2014 BUDGET BY $98,000 TO REFLECT THE ADOPTED BANKED 1% PROPERTY TAX ORDINANCE. MOTION CARRIED (6-1), COUNCILMEMBER PETERSON VOTING NO. Councilmember Buckshnis referred to DP 35, New Capital Projects Manager to General Fund from Utilities, suggesting a contract person rather than hiring staff. She assumed that would not impact the budget. Mr. Neumaier reviewed the accounting entries to accomplish that, noting a contract person may be more expensive. Councilmember Buckshnis acknowledged it may be more expensive but the contract could be ended after one year. Public Works Director Phil Williams acknowledged the impulse to avoid staffing up if staff would need to be decreased when project activity declined. He recalled presenting a graph of capital spending to the Council at a past meeting that outlined capital expenditures 2008 through 2016. Mr. Williams explained 2013 capital projects, managed by the Engineering Division, are projected to total $9.5 million. The typical annual amount between 2008 and 2012 was $6 — 8 million. The total in 2014 is $20 million, $17.5 in 2015 and $13-14 million in 2016. He acknowledged a consultant could be hired to manage projects; however it costs more to hire a consultant. Over a three year period hiring a consultant versus a City employee would cost the projects an additional $300,000+. The amount of project work is doubling and that cannot be done with existing staff. It will require a project manager in addition to other consultants. He explained staff and consultant costs are funded by the project budget. Mayor Earling explained there was considerable discussion regarding this issue when the budget was prepared. He understood it was difficult to hire someone and later have to downsize. The budget was prepared with the realization that when capital projects returned to the $8-9 million level in 3-4 years staffing changes may be required. Mr. Williams commented staff has been very successful in obtaining grant funds during the past few year and granting agencies are also experiencing a rebound in their revenues. Councilmember Buckshnis commented this is a very aggressive budget; last year the City laid off staff and offered early retirement buyouts. She relayed citizens' concerns with adding staff and said she wanted to avoid laying off staff if revenues are over -estimated and/or expenses under -estimated. Mr. Williams explained staff needs to be right -sized and mirror the capital program. The least expensive way is to hire staff. Packet Page 43 of 400 Councilmember Bloom recalled a lot of money was spent last year on an incentive program to get employees to leave. She recalled no cuts were made in Public Works and a project manager was hired in Public Works last year although cuts were made in other departments. She questioned whether the project manager proposed in DP 35 was really needed and whether a contract person could be used instead. Mr. Williams answered this person will work with consultants and staff to manage a variety of projects including utility and transportation projects as well as possibly General Fund projects funded with grant sources. He reiterated it could be done via a consultant but it would cost more. He commented the capital project manager would be the junior person in that department; if the workload does not support that many staff, that person will be the first to go. It is not a union issue because it would be a management position. He assured the project manager was needed in order to deliver the approved capital plan. Mr. Neumaier explained the Utility Funds, the primary source of funding for this position, have a separate funding streams. Reductions were not necessary last year due to the stability of the funding source. The decision to make major system repairs is the basis of the need for this position. COUNCIL PRESIDENT PETSO MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO EXTEND THE MEETING FOR V2 HOUR. Council President Petso proposed the following: • Removing agenda items 19 and 20 as they are not needed • Reschedule agenda item 16 to the December 10 meeting • Reschedule agenda item 15 to next year • Reschedule agenda item 14 to the December 10 meeting MOTION CARRIED (5-2), COUNCILMEMBERS JOHNSON AND FRALEY-MONILLAS VOTING NO. Parks & Recreation Director Carrie Hite advised there are two large parks projects next year, the fishing pier and the play area and spray park in City Park; Parks relies on engineering to manage those projects. As the Human Resources Reporting Director, Ms. Hite explained the project manager is not a union position, it is a management position and the person can be laid off at any time. Project managers are aware their jobs are contingent on projects and that the position will be eliminated if there are no projects. Mayor Earling declared a brief recess. Mr. Neumaier referred to a series of communications he sent during the budget process from which Councilmember Johnson was inadvertently excluded. He asked for an opportunity to respond to her questions. Councilmember Johnson inquired about DP 4, Human Resources part-time employee for support of programs. The description includes maintain website applicant tracking database for 2014, continue efficiency of L&I claims management and new wellness program administrator. It was her understanding applicant tracking would save time and efficiency, the L&I claims management was funded via a consultant (DP 3) and she questioned whether it would be better to have a contract employee to administer the wellness program. Ms. Hite explained over the past 11/2-2 years the Human Resources department has delivered savings to the City of over $450,000 via implementation of 3-4 initiatives. Those initiatives have created a tremendous amount of paperwork; this position will assist with the paperwork. Ms. Hite explained costs for LEOFF insurance were decreased by $250,000/year; staff now processes 25- 50 co -payments and insurance payments per month for the 30 employees on that insurance plan. The change in the medical insurance to United Healthcare saved $300,000/year but added a tremendous amount of staff work. Human Resources Manager MaryAnn Hardie, and Human Resources Analyst Yvonne Chan each do at least 4 hours/day of administrative work. It would be more cost effective to hire Packet Page 44 of 400 a person at a lower salary to do the paperwork to free them to initiate the wellness program, safety program, L&I claims management, etc. If the position is not funded, Ms. Hardie and Ms. Chan will handle the day-to-day HR work but there will not be a wellness program, safety program, or accident prevention program. The City's current HR is a very reactive model; without this position the department will continue to be reactive rather than initiating proactive wellness, accident prevention, safety programs. Councilmember Johnson recalled there was one HR person in 2012 and two in 2013. She suggested what was really needed was assistance with the wellness and safety programs. Rather than adding a part-time person, she preferred to ask for what was needed on a minimal basis. Ms. Hite answered the decision package was the minimum; the accident prevention, wellness and safety programs are programs WCIA wants the City to have or insurance premiums will increase. L&I claims management will save the City over $100,000; the contractor follows up on claims but there is still paperwork for staff related to that program. Mayor Earling advised all the positions have been approved by him following debate with staff regarding their necessity. He was convinced this position and the program manager positions were necessary; if the positions needed to be eliminated in the future, that could be done. Councilmember Johnson explained she had much of this discussion previously but was not satisfied with all the answers. She thought the Council would be discussing the decision packages and although she was uncomfortable bringing them up individually, that was the only way she could move forward with the budget. She referred to DP 14, intern working on providing documentation, expressing concern that an intern would require a great deal of effort by Finance staff and questioning whether he/she would be able to provide the necessary information. Mr. Neumaier answered there is a great deal that is not written down in the Finance and IT Departments. He has hired interns in the past and someone who is excited about the opportunity can do an enormous amount of work and it is a growth opportunity for the intern. Councilmember Johnson asked whether the intent was a person with an IT finance background. Mr. Neumaier said he will seek a person with accounting and business skills as well as writing ability, a bright mind and strong organization skills. Councilmember Johnson referred to DP 28, parks ballfield irrigation, and 33, City Spray Park water costs, and asked why they were separate line items rather than included in the Parks' operation and maintenance budget. Mr. Neumaier explained he requested anything that deviated from this year's budget be broken out. He agreed DP 28 and 33 could have been included in the base budget. Councilmember Johnson referred to DP 30, replace downtown trash receptacles. She understood trash receptacles was one of the items the BID could include in their scope of work although it was not included in the 2014 work program. She questioned why the City would spend $16,000 for trash receptacles when it was something the BID could do. Mr. Clifton responded the BID can pay for physical appearance items, etc. but it was not included in their 2014 work program that the Council recently adopted. Councilmember Johnson pointed out the BID has a carryover from last year and will be preparing a 2015 work program. Ms. Hite explained the Parks Department has always been charged with the responsibility of replacing infrastructure items in the parks and streets such as garbage cans, benches, etc. For example the garbage cans on Main Street and in Hazel Miller Plaza were recently replaced. The new garbage cans look beautiful; the other downtown garbage cans do not. She agreed trash receptacles were an allowable expense for the BID but they would need to be included in the BID's work plan. Mr. Taraday advised the ordinance was attachment #1 to agenda item 9 in the November 4, 2013 packet; exhibit A to the ordinance is attachment 1 to agenda item 12 in tonight's packet. He advised exhibit A was revised in response to Council amendments. COUNCIL PRESIDENT PETSO ADDED THE ORDINANCE NUMBER, 3949, TO THE EXISTING MOTION TO ADOPT THE 2014 BUDGET AS AMENDED, USING THE Packet Page 45 of 400 ATTACHMENTS AS SPECIFIED BY THE CITY ATTORNEY. MOTION CARRIED UNANIMOUSLY. Council President Petso excused herself from discussion of the next item due to a perception of a conflict of interest. If the Council chose to continue that item, she recommended it not be rescheduled to the December 10 meeting as she will be one of only 4 Councilmember present at that meeting and she will excuse herself from the discussion. Council President Petso left the meeting at 10:30 p.m. COUNCILMEMBER PETERSON MOVED, SECONDED BY COUNCILMEMBER BLOOM, TO EXTEND THE MEETING 15 MINUTES. MOTION CARRIED (5-0-1), COUNCILMEMBER FRALEY-MONILLAS VOTING NO. (Council President Petso was not present for the vote.) 13. APPROVAL OF WOODVALE FINAL PLAT AND PLANNED RESIDENTIAL DEVELOPMENT 27-LOT PLAT/PRD PROPOSED BY BURNSTEAD CONSTRUCTION LLC LOCATED AT 23700 104TH PL W (P-2007-17 AND PRD-2007-18) COUNCILMEMBER FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER PETERSON, TO APPROVE RESOLUTION 1305, APPROVAL OF THE WOODVALE FINAL PLAT AND PLANNED RESIDENTIAL DEVELOPMENT OF 27 LOTS. Senior Planner Kernen Lien explained this is a 27-lot plat/PRD on property west of Hickman Park that includes dedication of 105tb Place West. Final reviews of plats/PRDs are Type IV -A decisions made by the Council. If the Council finds public use and interest will be served by the proposed subdivision and that all the requirements of preliminary approval have been met, the final plat shall be approved. If the plans submitted for final approval of the PRD are in substantial compliance with the plat and preliminary approval, the Council can approve it. Staff has reviewed the final application; the applicants have completed all the requirements and/or bonded for some of the remaining requirements. A maintenance bond will be retained once all the improvements are completed. The Public Works Director and Development Services Director have signed the plat. Councilmember Bloom asked whether dedication of a road meant the City assumes maintenance of the road. Mr. Lien answered yes, it becomes a City road. Councilmember Bloom pointed out the road is not complete; she was concerned with approving something that was not complete, fearing the City would be required to complete the road. City Engineer Rob English agreed the final lift of the roadway had not been paved or striped. The performance bond would be reduced to cover the cost of paving and striping which is allowed by the code. Council approval of the plat can proceed and the bond would be withheld for that work. Councilmember Bloom inquired about the remaining work and the cost to complete it. Mr. English estimated the total amount at $142,000 for paving, signs, filter socks, sidewalk, striping and street signage. Councilmember Bloom observed the road is 2'/2 inches lower where it connects to the adjoining street and asked whether the paving would level that. Mr. English answered yes. Councilmember Bloom asked whether paving would bring the street to the level of the drains. Mr. English answered yes and the height of manholes will be adjusted. The cost of all those items is included in the final paving cost. Councilmember Bloom relayed a citizen's concern with a puddle at the base of the mailboxes and asked whether the remaining work would address that. Councilmember Fraley-Monillas clarified a portion of the road is lower and the water flows into one area. She asked whether that will be leveled during paving. Mr. English answered the final roadway surface will be sloped to drain to the catch basins. Councilmember Bloom suggested waiting until the developer has completed he work before the Council approves the plat rather than proceeding with approval and the City completing the work. Mr. English responded the City will not do the work; the developer will complete the final lift of paving and other Packet Page 46 of 400 items. Mr. Lien added it is preferable to wait to do the final lift until construction on the 27 lots is completed. Councilmember Buckshnis asked why this will be a City road when it is only accessed by the property owners in the plat, rather than the residents being responsible for maintenance of the road. Mr. Williams answered there are many public streets in the City that end in cul-de-sacs; this neighborhood has a number of them. It was never proposed as a private road. Councilmember Bloom observed as soon as the road was dedicated, the City would be responsible for maintenance. Mr. Williams agreed, advising there will be a maintenance bond for defects in the workmanship of improvements in the public right-of-way. Councilmember Buckshnis commented on the dry wells/private storm drainage for each lot that are the responsibility of each homeowner. MOTION CARRIED (5-1), COUNCILMEMBER BLOOM VOTING NO. (Council President Petso was not present for the vote.) 14. DISCUSSION AND POTENTIAL ACTION FOR A CODE OF CONDUCT This item was rescheduled to the December 10 meeting. 15. DISCUSSION AND POTENTIAL ACTION ON ECC CHAPTER 2.10 REGARDING CONFIRMATION AND DUTIES OF CITY OFFICERS This item was postponed to 2014. 16. DISCUSSION AND POTENTIAL ACTION ON RESOLUTION ADOPTING POLICY REGARDING COUNCILMEMBER PARTICIPATION BY SPEAKER PHONE OR OTHER TECHNOLOGY This item was rescheduled to the December 10 meeting. 17. MAYOR'S COMMENTS Mayor Earling had no report. 18. COUNCIL COMMENTS Councilmembers had no reports. 19. CONVENE IN EXECUTIVE SESSION REGARDING PENDING OR POTENTIAL LITIGATION PER RCW 42.30.110(1)(i) This item was not needed. 20. RECONVENE IN OPEN SESSION. POTENTIAL ACTION AS A RESULT OF MEETING IN EXECUTIVE SESSION This item was not needed. 21. ADJOURN With no further business, the Council meeting was adjourned at 10:41 p.m. Packet Page 47 of 400 AM-6380 3. B. City Council Meeting and Committee Meetings Meeting Date: 12/10/2013 Time: Consent Submitted For: Roger Neumaier Submitted By: Nori Jacobson Department: Finance Committee: Tyne: Action Information Subject Title Approval of claim checks #205766 through #205897 dated December 5, 2013 for $470,498.28. Approval of payroll direct deposit and checks #60681 through #60694 for $449,968.87, benefit checks #60695 through #60707 and wire payments of $243,479.90 for the period November 16, 2013 through November 30, 2013. Recommendation Approval of claim, payroll and benefit direct deposit, checks and wire payments. Previous Council Action N/A Narrative In accordance with the State statutes, City payments must be approved by the City Council. Ordinance #2896 delegates this approval to the Council President who reviews and recommends either approval or non -approval of expenditures. Fiscal Impact Fiscal Year: 2013 Revenue: Expenditure: 1,163,947.05 Fiscal Impact: Claims $470,498.28 Payroll Employee checks and direct deposit $449,968.87 Payroll Benefit checks and wire payments $243,479.90 Total Payroll $693,448.77 Attachments Claim checks 12-05-13 Project Numbers 12-05-13 Payroll Summary 11-30-13a Payroll Summary 11-30-13b Payroll Benefit 11-30-13 Form Review Inbox Reviewed By Date Finance Roger Neumaier 12/05/2013 10:48 AM City Clerk Scott Passey 12/05/2013 10:49 AM Mayor Dave Earling 12/05/2013 01:43 PM Finance Roger Neumaier 12/05/2013 01:48 PM Finalize for Agenda Scott Passey 12/05/2013 02:44 PM Packet Page 48 of 400 Form Started By: Nori Jacobson Final Approval Date: 12/05/2013 Started On: 12/04/2013 03:56 PM Packet Page 49 of 400 vchlist 12/05/2013 6:36:08AM Voucher List City of Edmonds Page: 1 Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 205766 12/2/2013 069457 CITY OF EDMONDS BLD20131341 BUILDING PERMIT CITY PARK PRO BUILDING PERMIT CITY PARK PRO 132.000.64.594.76.41.00 16,281.50 Total: 16,281.50 205767 12/2/2013 069457 CITY OF EDMONDS CRA20130128 PERMIT CITY PARK, CRITICAL ARE, PERMIT CITY PARK, CRITICAL ARE, 132.000.64.594.76.41.00 155.00 Total: 155.00 205768 12/5/2013 071177 ADVANTAGE BUILDING SERVICES 13-0630 Monthly Janitorial Srvc Monthly Janitorial Srvc 423.000.76.535.80.41.00 334.00 Total: 334.00 205769 12/5/2013 064615 AIR COMPRESSOR SERVICE 39373 Air Compressor Parts Solberg filter Air Compressor Parts Solberg filter 423.000.76.535.80.31.00 314.64 9.5% Sales Tax 423.000.76.535.80.31.00 29.89 Total: 344.53 205770 12/5/2013 066417 AIRGAS NOR PAC INC 9022138587 Bar 4 Comp/Op Supplies Bar 4 Comp/Op Supplies 423.000.76.535.80.31.00 71.70 9.5% Sales Tax 423.000.76.535.80.31.00 6.81 Total: 78.51 205771 12/5/2013 073626 ALPHA ECOLOGICAL 2276891 PS - Bi Monthly Maint PS - Bi Monthly Maint 001.000.66.518.30.48.00 108.41 Total: 108.41 205772 12/5/2013 001528 AM TEST INC 78264 ICP Scan Surfaction Analysis ICP Scan Surfaction Analysis Page: 1 Packet Page 50 of 400 vchlist Voucher List Page: 2 12/05/2013 6:36:08AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 205772 12/5/2013 001528 AM TEST INC (Continued) 423.000.76.535.80.41.00 275.00 78265 Cyanide and ICP Scan Cyanide and ICP Scan 423.000.76.535.80.41.00 795.00 Total: 1,070.00 205773 12/5/2013 074674 AMERICAN PETROLEUM ENVIRO SVCS 1911112213 Fleet - Used Absorbents Dump Fees Fleet - Used Absorbents Dump Fees 511.000.77.548.68.49.00 100.00 Total: 100.00 205774 12/5/2013 064335 ANALYTICAL RESOURCES INC XN16 NPDS Sampliing NPDS Sampliing 423.000.76.535.80.41.00 165.00 Total: 165.00 205775 12/5/2013 069751 ARAMARK UNIFORM SERVICES 655-7140343 PARKS MAINTENCE UNIFORM REN PARKS MAINTENCE UNIFORM REN 001.000.64.576.80.24.00 38.25 9.5% Sales Tax 001.000.64.576.80.24.00 3.63 Total: 41.88 205776 12/5/2013 069751 ARAMARK UNIFORM SERVICES 655-7093035 WWTP UNIFORMS, TOWELS, & MA WWTP UNIFORMS 423.000.76.535.80.24.00 1.16 WWTP TOWELS & MATS 423.000.76.535.80.41.11 60.17 9.5% Sales Tax 423.000.76.535.80.24.00 0.11 9.5% Sales Tax 423.000.76.535.80.41.11 5.72 655-7093037 FACILITIES DIVISION UNIFORMS FACILITIES DIVISION UNIFORMS 001.000.66.518.30.24.00 18.90 Page: 2 Packet Page 51 of 400 vchlist Voucher List Page: 3 12/05/2013 6:36:08AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 205776 12/5/2013 069751 ARAMARK UNIFORM SERVICES (Continued) 9.5% Sales Tax 001.000.66.518.30.24.00 1.80 655-7097422 PUBLIC WORKS OMC LOBBY MAT: PUBLIC WORKS OMC LOBBY MAT: 001.000.65.519.91.41.00 1.09 PUBLIC WORKS OMC LOBBY MAT: 111.000.68.542.90.41.00 4.16 PUBLIC WORKS OMC LOBBY MATE 421.000.74.534.80.41.00 4.16 PUBLIC WORKS OMC LOBBY MATE 422.000.72.531.90.41.00 4.16 PUBLIC WORKS OMC LOBBY MATE 423.000.75.535.80.41.00 4.16 PUBLIC WORKS OMC LOBBY MAT: 511.000.77.548.68.41.00 4.15 9.5% Sales Tax 001.000.65.519.91.41.00 0.10 9.5% Sales Tax 111.000.68.542.90.41.00 0.40 9.5% Sales Tax 421.000.74.534.80.41.00 0.40 9.5% Sales Tax 422.000.72.531.90.41.00 0.40 9.5% Sales Tax 423.000.75.535.80.41.00 0.40 9.5% Sales Tax 511.000.77.548.68.41.00 0.38 655-7097423 STREET/STORM DIVISION UNIFOR STREET/STORM DIVISION UNIFOR 111.000.68.542.90.24.00 5.00 STREET/STORM DIVISION UNIFOR 422.000.72.531.90.24.00 5.00 9.5% Sales Tax 111.000.68.542.90.24.00 0.48 Page: 3 Packet Page 52 of 400 vchlist Voucher List Page: 4 12/05/2013 6:36:08AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 205776 12/5/2013 069751 ARAMARK UNIFORM SERVICES (Continued) 9.5% Sales Tax 422.000.72.531.90.24.00 0.47 655-7097424 FLEET DIVISION UNIFORMS & MAT FLEET DIVISION UNIFORMS 511.000.77.548.68.24.00 5.28 FLEET DIVISION MATS 511.000.77.548.68.41.00 7.59 9.5% Sales Tax 511.000.77.548.68.24.00 0.50 9.5% Sales Tax 511.000.77.548.68.41.00 0.72 655-7104812 WWTP UNIFORMS, TOWELS, & MA WWTP UNIFORMS 423.000.76.535.80.24.00 1.16 WWTP TOWELS & MATS 423.000.76.535.80.41.11 61.42 9.5% Sales Tax 423.000.76.535.80.24.00 0.11 9.5% Sales Tax 423.000.76.535.80.41.11 5.84 655-7104814 FACILITIES DIVISION UNIFORMS FACILITIES DIVISION UNIFORMS 001.000.66.518.30.24.00 18.90 9.5% Sales Tax 001.000.66.518.30.24.00 1.80 655-7109172 PUBLIC WORKS OMC LOBBY MAT: PUBLIC WORKS OMC LOBBY MAT: 421.000.74.534.80.41.00 4.16 PUBLIC WORKS OMC LOBBY MATE 422.000.72.531.90.41.00 4.16 PUBLIC WORKS OMC LOBBY MATE 423.000.75.535.80.41.00 4.16 PUBLIC WORKS OMC LOBBY MATE 511.000.77.548.68.41.00 4.15 Page: 4 Packet Page 53 of 400 vchlist Voucher List Page: 5 12/05/2013 6:36:08AM City of Edmonds Bank code : usbank Voucher Date Vendor 205776 12/5/2013 069751 ARAMARK UNIFORM SERVICES Invoice PO # Description/Account Amount (Continued) 9.5% Sales Tax 001.000.65.519.91.41.00 0.10 9.5% Sales Tax 111.000.68.542.90.41.00 0.40 9.5% Sales Tax 421.000.74.534.80.41.00 0.40 9.5% Sales Tax 422.000.72.531.90.41.00 0.40 9.5% Sales Tax 423.000.75.535.80.41.00 0.40 9.5% Sales Tax 511.000.77.548.68.41.00 0.38 PUBLIC WORKS OMC LOBBY MATE 001.000.65.519.91.41.00 1.09 PUBLIC WORKS OMC LOBBY MAT: 111.000.68.542.90.41.00 4.16 655-7109173 STREET/STORM DIVISION UNIFOR STREET/STORM DIVISION UNIFOR 111.000.68.542.90.24.00 5.00 STREET/STORM DIVISION UNIFOR 422.000.72.531.90.24.00 5.00 9.5% Sales Tax 111.000.68.542.90.24.00 0.48 9.5% Sales Tax 422.000.72.531.90.24.00 0.47 655-7109174 FLEET DIVISION UNIFORMS & MAT FLEET DIVISION UNIFORMS 511.000.77.548.68.24.00 15.08 FLEET DIVISION MATS 511.000.77.548.68.41.00 8.23 9.5% Sales Tax 511.000.77.548.68.24.00 1.16 9.5% Sales Tax 511.000.77.548.68.41.00 1.05 Page: 5 Packet Page 54 of 400 vchlist Voucher List Page: 6 12/05/2013 6:36:08AM City of Edmonds Bank code : usbank Voucher Date Vendor 205776 12/5/2013 069751 ARAMARK UNIFORM SERVICES Invoice PO # Description/Account Amount (Continued) 655-7116683 WWTP UNIFORMS, TOWELS, & MA WWTP UNIFORMS 423.000.76.535.80.24.00 1.16 WWTP TOWELS & MATS 423.000.76.535.80.41.11 60.17 9.5% Sales Tax 423.000.76.535.80.24.00 0.11 9.5% Sales Tax 423.000.76.535.80.41.11 5.72 655-7116685 FACILITIES DIVISION UNIFORMS FACILITIES DIVISION UNIFORMS 001.000.66.518.30.24.00 18.90 9.5% Sales Tax 001.000.66.518.30.24.00 1.80 655-7121098 PUBLIC WORKS OMC LOBBY MAT: PUBLIC WORKS OMC LOBBY MAT: 001.000.65.519.91.41.00 1.09 PUBLIC WORKS OMC LOBBY MATE 111.000.68.542.90.41.00 4.16 PUBLIC WORKS OMC LOBBY MATE 421.000.74.534.80.41.00 4.16 PUBLIC WORKS OMC LOBBY MATE 422.000.72.531.90.41.00 4.16 PUBLIC WORKS OMC LOBBY MAT: 423.000.75.535.80.41.00 4.16 PUBLIC WORKS OMC LOBBY MAT: 511.000.77.548.68.41.00 4.15 9.5% Sales Tax 001.000.65.519.91.41.00 0.10 9.5% Sales Tax 111.000.68.542.90.41.00 0.40 9.5% Sales Tax 421.000.74.534.80.41.00 0.40 9.5% Sales Tax Page: 6 Packet Page 55 of 400 vchlist Voucher List Page: 7 12/05/2013 6:36:08AM City of Edmonds Bank code : usbank Voucher Date Vendor 205776 12/5/2013 069751 ARAMARK UNIFORM SERVICES Invoice PO # Description/Account Amount (Continued) 422.000.72.531.90.41.00 0.40 9.5% Sales Tax 423.000.75.535.80.41.00 0.40 9.5% Sales Tax 511.000.77.548.68.41.00 0.38 655-7121099 STREET/STORM DIVISION UNIFOR STREET/STORM DIVISION UNIFOR 111.000.68.542.90.24.00 5.00 STREET/STORM DIVISION UNIFOR 422.000.72.531.90.24.00 5.00 9.5% Sales Tax 111.000.68.542.90.24.00 0.48 9.5% Sales Tax 422.000.72.531.90.24.00 0.47 655-7121100 FLEET DIVISION UNIFORMS & MAT FLEET DIVISION UNIFORMS 511.000.77.548.68.24.00 5.28 FLEET DIVISION MATS 511.000.77.548.68.41.00 7.84 9.5% Sales Tax 511.000.77.548.68.24.00 0.50 9.5% Sales Tax 511.000.77.548.68.41.00 0.75 655-7128458 WWTP UNIFORMS, TOWELS, & MA WWTP UNIFORMS 423.000.76.535.80.24.00 1.16 WWTP TOWELS & MATS 423.000.76.535.80.41.11 59.17 9.5% Sales Tax 423.000.76.535.80.24.00 3.02 9.5% Sales Tax 423.000.76.535.80.41.11 2.71 655-7128460 FACILITIES DIVISION UNIFORMS FACILITIES DIVISION UNIFORMS Page: 7 Packet Page 56 of 400 vchlist Voucher List Page: 8 12/05/2013 6:36:08AM City of Edmonds Bank code : usbank Voucher Date Vendor 205776 12/5/2013 069751 ARAMARK UNIFORM SERVICES Invoice PO # Description/Account Amount (Continued) 001.000.66.518.30.24.00 18.90 9.5% Sales Tax 001.000.66.518.30.24.00 1.80 655-7132826 PUBLIC WORKS OMC LOBBY MAT: PUBLIC WORKS OMC LOBBY MAT: 001.000.65.519.91.41.00 1.09 PUBLIC WORKS OMC LOBBY MATE 111.000.68.542.90.41.00 4.16 PUBLIC WORKS OMC LOBBY MATE 421.000.74.534.80.41.00 4.16 PUBLIC WORKS OMC LOBBY MATE 422.000.72.531.90.41.00 4.16 PUBLIC WORKS OMC LOBBY MAT: 423.000.75.535.80.41.00 4.16 PUBLIC WORKS OMC LOBBY MAT: 511.000.77.548.68.41.00 4.15 9.5% Sales Tax 001.000.65.519.91.41.00 0.10 9.5% Sales Tax 111.000.68.542.90.41.00 0.40 9.5% Sales Tax 421.000.74.534.80.41.00 0.40 9.5% Sales Tax 422.000.72.531.90.41.00 0.40 9.5% Sales Tax 423.000.75.535.80.41.00 0.40 9.5% Sales Tax 511.000.77.548.68.41.00 0.38 655-7132827 STREET/STORM DIVISION UNIFOR STREET/STORM DIVISION UNIFOR 111.000.68.542.90.24.00 5.00 STREET/STORM DIVISION UNIFOR 422.000.72.531.90.24.00 5.00 9.5% Sales Tax Page: 8 Packet Page 57 of 400 vchlist Voucher List Page: 9 12/05/2013 6:36:08AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 205776 12/5/2013 069751 ARAMARK UNIFORM SERVICES (Continued) 111.000.68.542.90.24.00 0.48 9.5% Sales Tax 422.000.72.531.90.24.00 0.47 655-7132828 FLEET DIVISION UNIFORMS & MAT FLEET DIVISION UNIFORMS 511.000.77.548.68.24.00 15.35 FLEET DIVISION MATS 511.000.77.548.68.41.00 8.11 9.5% Sales Tax 511.000.77.548.68.24.00 1.46 9.5% Sales Tax 511.000.77.548.68.41.00 0.77 Total: 571.02 205777 12/5/2013 071124 ASSOCIATED PETROLEUM 0507127-IN Fleet - Reg Gas 5000 Gal Fleet - Reg Gas 5000 Gal 511.000.77.548.68.34.11 12,668.00 WA St Excise Tax Gas, WA Oil Spill 511.000.77.548.68.34.11 1,977.20 Diesel - 3230 Gal 511.000.77.548.68.34.10 9,435.15 WA St Excise Tax Gas, WA Oil Spill 511.000.77.548.68.34.10 1,286.67 Bio-Diesel - 170 Gal 511.000.77.548.68.34.13 781.47 WA St Excise Tax Gas, WA Oil Spill 511.000.77.548.68.34.13 69.71 WA ST Svc Fee 511.000.77.548.68.34.13 50.00 9.5% Sales Tax 511.000.77.548.68.34.13 4.75 Total: 26,272.95 205778 12/5/2013 069120 AST CAPITAL TRUST COMPANY November 30 MEBT NOVEMBER 30TH MEBT CONTRIBI November 30th MEBT Contributions Page: 9 Packet Page 58 of 400 vchlist Voucher List Page: 10 12/05/2013 6:36:08AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 205778 12/5/2013 069120 AST CAPITAL TRUST COMPANY (Continued) 811.000.231.520 3,076.95 Total: 3,076.95 205779 12/5/2013 070305 AUTOMATIC FUNDS TRANSFER 71132 OUT SOURCING OF UTILITY BILLS UB Outsourcing area #500 Printing 422.000.72.531.90.49.00 37.02 UB Outsourcing area #500 Printing 421.000.74.534.80.49.00 37.02 UB Outsourcing area #500 Printing 423.000.75.535.80.49.00 38.14 UB Outsourcing area #500 Postage 421.000.74.534.80.42.00 127.94 UB Outsourcing area #500 Postage 423.000.75.535.80.42.00 127.93 9.5% Sales Tax 422.000.72.531.90.49.00 3.52 9.5% Sales Tax 421.000.74.534.80.49.00 3.52 9.5% Sales Tax 423.000.75.535.80.49.00 3.62 72064 OUT SOURCING OF UTILITY BILLS UB Outsourcing area #600 Printing 422.000.72.531.90.49.00 33.16 UB Outsourcing area #600 Printing 421.000.74.534.80.49.00 33.16 UB Outsourcing area #600 Printing 423.000.75.535.80.49.00 34.17 UB Outsourcing area #600 Postage 421.000.74.534.80.42.00 119.21 UB Outsourcing area #600 Postage 423.000.75.535.80.42.00 119.20 9.5% Sales Tax 422.000.72.531.90.49.00 3.15 9.5% Sales Tax Page: 10 Packet Page 59 of 400 vchlist Voucher List Page: 11 12/05/2013 6:36:08AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 205779 12/5/2013 070305 AUTOMATIC FUNDS TRANSFER (Continued) 421.000.74.534.80.49.00 3.15 9.5% Sales Tax 423.000.75.535.80.49.00 3.25 Tota I : 727.16 205780 12/5/2013 074675 BASE2 SOLUTIONS 101088 ENG SVCS 4/22-4/28/2013 ENG SVCS 4/22-4/28/2013 423.100.76.594.39.41.10 640.00 Total: 640.00 205781 12/5/2013 074677 BICKAR, NICHOLAS 12-4-13 L & I Reimbursement for overtime L & I Reimbursement for overtime 001.000.41.521.22.11.00 62.20 Total: 62.20 205782 12/5/2013 074307 BLUE STAR GAS 0727820-IN Fleet Auto Propane Invnetory - 36.1 C Fleet Auto Propane Invnetory - 36.1 C 511.000.77.548.68.34.12 66.42 0727821-IN Fleet Auto Propane Inventory - 575.1 Fleet Auto Propane Inventory - 575.1 511.000.77.548.68.34.12 1,066.68 0732668-IN Fleet Auto Propane Inventory - 600 G Fleet Auto Propane Inventory - 600 G 511.000.77.548.68.34.12 904.90 0733675-IN Fleet Auto Propane Inventory - 475.1 Fleet Auto Propane Inventory - 475.1 511.000.77.548.68.34.12 718.30 Total: 2,756.30 205783 12/5/2013 065739 BOBBY WOLFORD TRUCKING & 059369 Storm - Dump Fees Storm - Dump Fees 422.000.72.531.10.49.00 480.00 Total: 480.00 205784 12/5/2013 002800 BRAKE & CLUTCH SUPPLY 521595 Unit 20 - Air Dryer Unit 20 - Air Dryer Page: 11 Packet Page 60 of 400 vchlist Voucher List Page: 12 12/05/2013 6:36:08AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 205784 12/5/2013 002800 BRAKE & CLUTCH SUPPLY (Continued) 511.000.77.548.68.31.10 395.97 9.5% Sales Tax 511.000.77.548.68.31.10 37.62 Total: 433.59 205785 12/5/2013 018495 CALPORTLAND COMPANY 91949882 Street - Cement Street - Cement 111.000.68.542.61.31.00 227.26 9.5% Sales Tax 111.000.68.542.61.31.00 21.59 91987001 Traffic - Cement for New School Zone Traffic - Cement for New School Zone 111.000.68.542.64.31.00 267.50 9.5% Sales Tax 111.000.68.542.64.31.00 25.41 Total: 541.76 205786 12/5/2013 073029 CANON FINANCIAL SERVICES 13287312 CANON CONTRACT CHARGES C50 Canon copier charges C5051 001.000.61.519.70.45.00 83.35 Canon copier charges C5051 001.000.22.518.10.45.00 83.35 9.5% Sales Tax 001.000.61.519.70.45.00 7.92 Canon copier charges C5051 001.000.21.513.10.45.00 83.29 9.5% Sales Tax 001.000.22.518.10.45.00 7.92 9.5% Sales Tax 001.000.21.513.10.45.00 7.91 Total: 273.74 205787 12/5/2013 073029 CANON FINANCIAL SERVICES 13269142 CITY CLERK'S OFFICE COPIER LE/ Lease City Clerk's Copier 001.000.25.514.30.45.00 466.97 Page: 12 Packet Page 61 of 400 vchlist Voucher List Page: 13 12/05/2013 6:36:08AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 205787 12/5/2013 073029 CANON FINANCIAL SERVICES (Continued) 9.5% Sales Tax 001.000.25.514.30.45.00 44.36 13269144 RECEIPTIONIST DESK COPIER LE/ Recept. desk copier 001.000.25.514.30.45.00 20.11 9.5% Sales Tax 001.000.25.514.30.45.00 1.91 Total: 533.35 205788 12/5/2013 003330 CASCADE TROPHY 33239 Service Awards - December presenta Service Awards - December presenta 001.000.22.518.10.49.00 116.00 9.5% Sales Tax 001.000.22.518.10.49.00 11.02 Total: 127.02 205789 12/5/2013 068484 CEMEX LLC 9427420633 Roadway - Asphalt Roadway - Asphalt 111.000.68.542.31.31.00 530.00 9.5% Sales Tax 111.000.68.542.31.31.00 50.35 9427458804 Roadway - Asphalt Roadway - Asphalt 111.000.68.542.31.31.00 350.00 9.5% Sales Tax 111.000.68.542.31.31.00 33.25 9427474842 Roadway - Asphalt Roadway - Asphalt 111.000.68.542.31.31.00 442.50 9.5% Sales Tax 111.000.68.542.31.31.00 42.05 Tota I : 1,448.15 205790 12/5/2013 072584 CHRISTENSON OIL 738647 Big Foot grease Big Foot grease Page: 13 Packet Page 62 of 400 vchlist Voucher List Page: 14 12/05/2013 6:36:08AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 205790 12/5/2013 072584 CHRISTENSON OIL (Continued) 423.000.76.535.80.31.00 466.90 9.5% Sales Tax 423.000.76.535.80.31.00 44.36 Total: 511.26 205791 12/5/2013 019215 CITY OF LYNNWOOD M&O 10441 MONTHLY MAINT/OPERATIONS SEA MONTHLY MAINT/OPERATIONS SEI 423.000.75.535.80.47.20 27,602.00 Total: 27,602.00 205792 12/5/2013 074255 COAL CREEK ENVIRONMENTAL ASSOC 120902-06 Technical Assistance/Invoice for Technical Assistance/Invoice for 423.100.76.594.39.41.10 1,365.00 Total: 1,365.00 205793 12/5/2013 004095 COASTWIDE LABS W2613515 Fac Maint - Supplies - Cleaner, Bleac Fac Maint - Supplies - Cleaner, Bleac 001.000.66.518.30.31.00 499.06 9.5% Sales Tax 001.000.66.518.30.31.00 47.41 Total: 546.47 205794 12/5/2013 004095 COASTWIDE LABS W2612326-1 COMPACT CRLS COMPACT CRLS 001.000.64.576.80.31.00 211.44 9.5% Sales Tax 001.000.64.576.80.31.00 20.09 Tota I : 231.53 205795 12/5/2013 070323 COMCAST 8498310300721433 CEMETERY BUNDLED SERVICE CEMETERY BUNDLED SERVICE 130.000.64.536.20.42.00 119.37 Total: 119.37 205796 12/5/2013 072189 DATASITE 38726 SHREDDING SERVICES/CABINETS Doc Shred Services City Clerk Page: 14 Packet Page 63 of 400 vchlist Voucher List Page: 15 12/05/2013 6:36:08AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 205796 12/5/2013 072189 DATASITE (Continued) 001.000.25.514.30.41.00 90.00 Doc Shred Services Finance 001.000.31.514.23.41.00 25.00 Total: 115.00 205797 12/5/2013 073823 DAVID EVANS & ASSOC INC 337231 ElCA.SERVICES THRU 10/12/13 ElCA.Services thru 10/12/13 112.200.68.595.33.41.00 13,018.39 Total: 13,018.39 205798 12/5/2013 006626 DEPT OF ECOLOGY OIT 3972 Wastewater Operator Cert 2014 Annl Wastewater Operator Cert 2014 Annl 423.000.75.535.80.49.00 30.00 Total: 30.00 205799 12/5/2013 029900 DEPT OF RETIREMENT SYSTEMS Nov 2013 DRS NOVEMBER 2013 DRS CONTRIBUT November 2013 DRS Contributions 811.000.231.540 210,844.79 Total: 210,844.79 205800 12/5/2013 070121 DESTINATION MARKETING 16602 VIDEO PROJECT FOR PROMOTION Video project for promotional video. 001.000.61.558.70.41.00 1,165.00 16606 DOMAIN NAME RENEWAL Domain name renewal for 001.000.61.558.70.49.00 18.76 Tota I : 1,183.76 205801 12/5/2013 064531 DINES, JEANNIE 13-3408 MINUTE TAKING Council Minutes 11/26/13 001.000.25.514.30.41.00 408.00 Total: 408.00 205802 12/5/2013 064531 DINES, JEANNIE 13-3406 Verbatim of 11/12/13 Council Meeting Verbatim of 11/12/13 Council Meeting 001.000.62.558.60.41.00 219.00 Page: 15 Packet Page 64 of 400 vchlist Voucher List Page: 16 12/05/2013 6:36:08AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 205802 12/5/2013 064531 064531 DINES, JEANNIE (Continued) Total: 219.00 205803 12/5/2013 068591 DOUBLEDAY, MICHAEL 11302013 STATE LOBBYIST NOVEMBER 2013 State lobbyist for November 2013 001.000.61.519.70.41.00 2,391.25 Total: 2,391.25 205804 12/5/2013 007253 DUNN LUMBER 2217515 Dev Svc Project - Supplies Dev Svc Project - Supplies 001.000.62.558.60.49.00 70.07 Dev Svc Project - Supplies 001.000.62.524.10.49.00 70.07 9.5% Sales Tax 001.000.62.558.60.49.00 6.66 9.5% Sales Tax 001.000.62.524.10.49.00 6.65 Total: 153.45 205805 12/5/2013 068292 EDGE ANALYTICAL 13-21623 Water Quality - Water Samples Water Quality - Water Samples 421.000.74.534.80.41.00 1,068.00 Total: 1,068.00 205806 12/5/2013 007675 EDMONDS AUTO PARTS 29827 GROOMER BATTERY GROOMER BATTERY 001.000.64.576.80.31.00 49.99 9.5% Sales Tax 001.000.64.576.80.31.00 4.75 Tota I : 54.74 205807 12/5/2013 062883 EDMONDS LANDSCAPING INC 111556 HICKMAN PARK TREE REMOVAL HICKMAN PARK TREE REMOVAL 001.000.64.576.80.48.00 522.28 9.5% Sales Tax 001.000.64.576.80.48.00 49.62 Total: 571.90 Page: 16 Packet Page 65 of 400 vchlist Voucher List Page: 17 12/05/2013 6:36:08AM City of Edmonds Bank code : usbank Voucher Date Vendor 205808 12/5/2013 008410 EDMONDS PRINTING CO 205809 12/5/2013 008705 EDMONDS WATER DIVISION 205810 12/5/2013 008705 EDMONDS WATER DIVISION Invoice PO # Description/Account Amount R24286 Recycle - Tree Recycling Door Hange Recycle - Tree Recycling Door Hange 421.000.74.537.90.49.00 835.45 9.5% Sales Tax 421.000.74.537.90.49.00 79.37 Total : 914.82 3-07490 16113 75TH PL W 16113 75TH PL W 001.000.64.576.80.47.00 64.70 3-38565 18410 92ND AVE W 18410 92ND AVE W 001.000.64.576.80.47.00 31.79 Total : 96.49 3-01808 LIFT STATION #11 6807 157TH PL S' LIFT STATION #11 6807 157TH PL S' 423.000.75.535.80.47.10 143.72 3-03575 CLUBHOUSE 6801 N MEADOWDAL CLUBHOUSE 6801 N MEADOWDAL 001.000.66.518.30.47.00 270.66 3-07525 LIFT STATION #12 16100 75TH AVE LIFT STATION #12 16100 75TH AVE 423.000.75.535.80.47.10 31.79 3-07709 LIFT STATION #15 7701 168TH ST S LIFT STATION #15 7701 168TH ST S 423.000.75.535.80.47.10 45.44 3-09350 LIFT STATION #4 8313 TALBOT RD i LIFT STATION #4 8313 TALBOT RD i 423.000.75.535.80.47.10 64.70 3-09800 LIFT STATION #10 17612 TALBOT R LIFT STATION #10 17612 TALBOT R 423.000.75.535.80.47.10 48.17 3-29875 LIFT STATION #9 8001 SIERRA DR / LIFT STATION #9 8001 SIERRA DR / 423.000.75.535.80.47.10 31.79 Page: 17 Packet Page 66 of 400 vchlist Voucher List Page: 18 12/05/2013 6:36:08AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 205810 12/5/2013 008705 008705 EDMONDS WATER DIVISION (Continued) Total: 636.27 205811 12/5/2013 068803 EJ USA INC 3659131 Storm - Catch Basins Frames and Gr Storm - Catch Basins Frames and Gr 422.000.72.531.40.31.00 5,667.84 9.5% Sales Tax 422.000.72.531.40.31.00 538.45 Total: 6,206.29 205812 12/5/2013 031060 ELECSYS INTERNATIONAL CORP 120465 RADIX MONTHLY MAINTAGREEME Radix Monthly Maint Agreement - 421.000.74.534.80.48.00 152.00 Total: 152.00 205813 12/5/2013 008812 ELECTRONIC BUSINESS MACHINES 093971 CUST# MK5533 C5051 GQM52286 C Meter charges 10/30/13 - 11/30/13 BE 001.000.31.514.23.48.00 49.50 9.5% Sales Tax 001.000.31.514.23.48.00 4.70 Total: 54.20 205814 12/5/2013 008812 ELECTRONIC BUSINESS MACHINES 94006 METER READING Meter Reading 11/30 to 12/30 001.000.25.514.30.42.00 232.18 9.5% Sales Tax 001.000.25.514.30.42.00 22.06 Total: 254.24 205815 12/5/2013 008812 ELECTRONIC BUSINESS MACHINES 0937671 PARKS MAINT COPIER A6995 PARKS MAINT COPIER A6995 001.000.64.571.21.45.00 30.71 9.5% Sales Tax 001.000.64.571.21.45.00 2.92 0939701 PARKS AND REC COPIER AGREEM PARKS AND REC COPIER AGREEM 001.000.64.571.21.45.00 84.51 Page: 18 Packet Page 67 of 400 vchlist Voucher List Page: 19 12/05/2013 6:36:08AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 205815 12/5/2013 008812 ELECTRONIC BUSINESS MACHINES (Continued) 9.5% Sales Tax 001.000.64.571.21.45.00 8.03 Total: 126.17 205816 12/5/2013 065958 EZ-LINER 052849 Unit 46 - Wear Pads Unit 46 - Wear Pads 511.000.77.548.68.31.10 142.88 Freight 511.000.77.548.68.31.10 13.53 Total: 156.41 205817 12/5/2013 066378 FASTENAL COMPANY WAMOU29125 Traffic Control - Paint Truck Bolt Traffic Control - Paint Truck Bolt 111.000.68.542.64.31.00 5.65 9.5% Sales Tax 111.000.68.542.64.31.00 0.54 WAMOU30036 Roadway - Combo Wrench for Truck Roadway - Combo Wrench for Truck 111.000.68.542.31.31.00 223.83 Freight 111.000.68.542.31.31.00 11.99 9.5% Sales Tax 111.000.68.542.31.31.00 22.40 Total: 264.41 205818 12/5/2013 009895 FELDMAN, JAMES A 113113 PUBLIC DEFENDER PUBLIC DEFENDER 001.000.39.512.52.41.00 4,570.00 Total: 4,570.00 205819 12/5/2013 074613 FIRST AMERICAN TITLE INSURANCE 869-422938737 E7AC.YUNIS RECORDING DOCUME E7AC.Yunis Recording Documents 112.200.68.595.33.41.00 414.96 Total: 414.96 Page: 19 Packet Page 68 of 400 vchlist Voucher List Page: 20 12/05/2013 6:36:08AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 205820 12/5/2013 070855 FLEX PLAN SERVICES INC 228367 November 2013 Sec 125 processing November 2013 Sec 125 processing 001.000.22.518.10.41.00 75.00 Total: 75.00 205821 12/5/2013 071562 FORMA 11212013 WAYFINDING SIGNS SIGN PROGR/ WAYFINDING SIGNS SIGN PROGRI 117.100.64.573.20.41.00 1,296.25 Total: 1,296.25 205822 12/5/2013 011900 FRONTIER 253-012-9189 WWTP AUTO DIALER- 1 VOICE GR WWTP AUTO DIALER- 1 VOICE GR 423.000.76.535.80.42.00 41.08 253-017-7256 W WTP TELEMETRY - 8 VOICEGRAI W WTP TELEMETRY - 8 VOICEGRAI 423.000.76.535.80.42.00 217.18 425-771-5553 WWTP AUTO DIALER- 1 BUSINESS WWTP AUTO DIALER- 1 BUSINESS 423.000.76.535.80.42.00 101.19 Tota I : 359.45 205823 12/5/2013 011900 FRONTIER 425-712-0647 IRRIGATION SYSTEM IRRIGATION SYSTEM 001.000.64.576.80.42.00 45.07 425-745-5055 MEADOWDALE PRESCHOOL MEADOWDALE PRESCHOOL 001.000.64.575.56.42.00 73.02 Total: 118.09 205824 12/5/2013 011900 FRONTIER 253-003-6887 POINT EDWARDS CIRCUIT LINE SF POINT EDWARDS CIRCUIT LINE SF 423.000.75.535.80.42.00 41.67 425-771-0158 FIRE STATION #16 ALARM AND FA} FIRE STATION #16 ALARM AND FA} 001.000.66.518.30.42.00 176.07 425-776-6829 CITY HALL ALARM LINES 121 5TH P Page: 20 Packet Page 69 of 400 vchlist Voucher List Page: 21 12/05/2013 6:36:08AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 205824 12/5/2013 011900 FRONTIER (Continued) CITY HALL FIRE AND INTRUSION AI 001.000.66.518.30.42.00 118.04 509-022-0049 LIFT STATION #2 VG SPECIAL ACCI LIFT STATION #2 VG SPECIAL ACCI 423.000.75.535.80.42.00 26.68 Total: 362.46 205825 12/5/2013 073922 GAVIOLA, NIKKA GAVIOLA 17736 TAEKWON-DO 17736 TAEKWON-DO 17736 001.000.64.575.54.41.00 352.55 Total: 352.55 205826 12/5/2013 063137 GOODYEAR AUTO SERVICE CENTER 114933 Fleet Tire Inventory - (6) Fleet Tire Inventory - (6) 511.000.77.548.68.34.30 733.08 State Tire Fee 511.000.77.548.68.34.30 6.00 9.5% Sales Tax 511.000.77.548.68.34.30 69.64 Total: 808.72 205827 12/5/2013 065055 HANSON, TODD 12-4-13 L & I reimbursement for overtime L & I reimbursement for overtime 111.000.68.544.70.11.00 58.50 Total: 58.50 205828 12/5/2013 070437 HARDIE, MARYANN 11-13-13 mileage to WAPELRA training mileage to WAPELRA training 001.000.22.518.10.43.00 82.90 Total: 82.90 205829 12/5/2013 012900 HARRIS FORD INC 140572 Unit 6 - Latch Unit 6 - Latch 511.000.77.548.68.31.10 12.16 9.5% Sales Tax Page: 21 Packet Page 70 of 400 vchlist Voucher List Page: 22 12/05/2013 6:36:08AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 205829 12/5/2013 012900 HARRIS FORD INC (Continued) 511.000.77.548.68.31.10 1.16 141258 Unit 46 - Pad Kit Unit 46 - Pad Kit 511.000.77.548.68.31.10 177.24 9.5% Sales Tax 511.000.77.548.68.31.10 16.84 Total: 207.40 205830 12/5/2013 013140 HENDERSON, BRIAN 108 LEOFF Reimbursement LEOFF Reimbursement 009.000.39.517.37.23.00 256.03 Total: 256.03 205831 12/5/2013 062899 HUFF, ARIELE HUFF 17577 WRITE ABOUT YOUR LIFE 17577 WRITE ABOUT YOUR LIFE 17577 001.000.64.571.22.41.00 168.30 Total: 168.30 205832 12/5/2013 072041 IBS INCORPORATED 549623-1 Fleet Shop Supplies Fleet Shop Supplies 511.000.77.548.68.31.20 16.10 Freight 511.000.77.548.68.31.20 8.78 9.5% Sales Tax 511.000.77.548.68.31.20 2.37 Total: 27.25 205833 12/5/2013 073548 INDOFF INCORPORATED 2375390 FILE STORAGE BOXES, SWIFFER File Storage Boxes - 2 cases, Swiffer 001.000.31.514.23.31.00 93.45 9.5% Sales Tax 001.000.31.514.23.31.00 8.88 Total: 102.33 205834 12/5/2013 073548 INDOFF INCORPORATED 2367989 Return of 2014 calendar Page: 22 Packet Page 71 of 400 vchlist Voucher List Page: 23 12/05/2013 6:36:08AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 205834 12/5/2013 073548 INDOFF INCORPORATED (Continued) Return of 2014 calendar 001.000.62.524.10.31.00 -20.49 2373693 Office supplies/DSD Office supplies/DSD 001.000.62.524.10.31.00 453.96 Total: 433.47 205835 12/5/2013 073548 INDOFF INCORPORATED 2373803 Office supplies Office supplies 001.000.22.518.10.31.00 45.54 9.5% Sales Tax 001.000.22.518.10.31.00 4.33 Total: 49.87 205836 12/5/2013 014940 INTERSTATE BATTERY SYSTEMS 1905701015011 Unit 891- Jump Box Battery Unit 891- Jump Box Battery 511.000.77.548.68.31.10 107.40 9.5% Sales Tax 511.000.77.548.68.31.10 10.20 1905701015087 Fleet Shop Supplies - Oil Dispencer Fleet Shop Supplies - Oil Dispencer 511.000.77.548.68.31.20 23.70 9.5% Sales Tax 511.000.77.548.68.31.20 2.25 489448 Batteries Batteries 511.000.77.548.68.31.10 236.90 Core Fee 511.000.77.548.68.31.10 55.00 9.5% Sales Tax 511.000.77.548.68.31.10 22.51 729195 Shop Supplies - Lamps Shop Supplies - Lamps 511.000.77.548.68.31.20 9.80 9.5% Sales Tax Page: 23 Packet Page 72 of 400 vchlist Voucher List Page: 24 12/05/2013 6:36:08AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 205836 12/5/2013 014940 INTERSTATE BATTERY SYSTEMS (Continued) 511.000.77.548.68.31.20 0.93 729692 Fleet - Work Gloves Fleet - Work Gloves 511.000.77.548.68.31.20 101.70 9.5% Sales Tax 511.000.77.548.68.31.20 9.66 730249 Fleet Shop Supplies - Wire Fleet Shop Supplies - Wire 511.000.77.548.68.31.20 36.95 9.5% Sales Tax 511.000.77.548.68.31.20 3.51 730538 Fleet Shop Supplies - Brake Cleaner Fleet Shop Supplies - Brake Cleaner 511.000.77.548.68.31.20 25.08 9.5% Sales Tax 511.000.77.548.68.31.20 2.38 730805 Fleet Shop Supplies Fleet Shop Supplies 511.000.77.548.68.31.20 72.40 9.5% Sales Tax 511.000.77.548.68.31.20 6.88 731316 Fleet Shop Supplies Fleet Shop Supplies 511.000.77.548.68.31.20 61.85 9.5% Sales Tax 511.000.77.548.68.31.20 5.88 731457 Fleet Shop Supplies Fleet Shop Supplies 511.000.77.548.68.31.20 63.37 9.5% Sales Tax 511.000.77.548.68.31.20 6.02 Total: 864.37 205837 12/5/2013 014940 INTERSTATE BATTERY SYSTEMS 731915 SPRAY SPRAY Page: 24 Packet Page 73 of 400 vchlist Voucher List Page: 25 12/05/2013 6:36:08AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 205837 12/5/2013 014940 INTERSTATE BATTERY SYSTEMS (Continued) 001.000.64.576.80.31.00 52.90 9.5% Sales Tax 001.000.64.576.80.31.00 5.03 Total: 57.93 205838 12/5/2013 074585 JUAREZ, SHAWNA JUAREZ 11262013 VOLLEYBALL ATTENDANT 7 HOUR; VOLLEYBALL ATTENDANT 7 HOUR; 001.000.64.575.52.41.00 70.00 Total: 70.00 205839 12/5/2013 073924 KEARNS, JESSIKA CHRISTINE KEARNS 17724 TAEKWON DO 17724 TAEKWON DO 17724 001.000.64.571.22.41.00 100.00 TAEKWON-DO 17728 001.000.64.571.22.41.00 193.50 Total: 293.50 205840 12/5/2013 068024 KRUCKEBERG BOTANIC GARD FOUND KRUCKEBERG 17815 HOLIDAY WREATH 17815 HOLIDAY WREATH 17815 001.000.64.571.22.41.00 48.75 Total: 48.75 205841 12/5/2013 068619 LINDASWENSON 1251 WINTER/SPRING CRAZE DESIGN WINTER/SPRING CRAZE DESIGN 001.000.64.571.22.41.00 1,183.00 Total: 1,183.00 205842 12/5/2013 066191 MACLEOD RECKORD 6776 ElDA.SERVICES THRU 10/31/13 El DA.Services thru 10/31/13 112.200.68.595.33.41.00 10,506.98 Total: 10,506.98 205843 12/5/2013 019582 MANOR HARDWARE 514717-00 Traffic Control - Drills, Grinders, Traffic Control - Drills, Grinders, 111.000.68.542.64.35.00 1,097.00 9.5% Sales Tax Page: 25 Packet Page 74 of 400 vchlist Voucher List Page: 26 12/05/2013 6:36:08AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 205843 12/5/2013 019582 MANOR HARDWARE (Continued) 111.000.68.542.64.35.00 104.22 Total: 1,201.22 205844 12/5/2013 069362 MARSHALL, CITA 919 INTERPRETER FEE INTERPRETER FEE 001.000.23.512.50.41.01 88.32 921 INTERPRETER FEE INTERPRETER FEE 001.000.23.523.30.41.01 88.32 922 INTERPRETER FEE INTERPRETER FEE 001.000.23.512.50.41.01 88.32 Total: 264.96 205845 12/5/2013 074665 MASTON & PROPERTIES & CONST BLD2013.0832 Appeal of park impact fee approved f( Appeal of park impact fee approved f( 001.000.257.620 1,167.03 Tota I : 1,167.03 205846 12/5/2013 019920 MCCANN, MARIAN 109 LEOFF Reimbursement LEOFF Reimbursement 009.000.39.517.37.23.00 833.96 110 LEOFF Reimbursement LEOFF Reimbursement 009.000.39.517.37.23.00 83.88 Total: 917.84 205847 12/5/2013 074671 MCDONALD, JACQUELINE MCDONALD 11222013 REFUND CLASS CANCELLATION REFUND CLASS CANCELLATION 001.000.239.200 58.00 Total: 58.00 205848 12/5/2013 072223 MILLER, DOUG MILLER 11272013 GYM MONITOR 21 HOURS GYM MONITOR 21 HOURS 001.000.64.575.52.41.00 210.00 Page: 26 Packet Page 75 of 400 vchlist Voucher List Page: 27 12/05/2013 6:36:08AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 205848 12/5/2013 072223 072223 MILLER, DOUG (Continued) Total: 210.00 205849 12/5/2013 074556 MOORE, IACOFANO & GOLTSMAN INC 0036031 OCTOBER SERVICES PROS PLAN OCTOBER SERVICES PROS PLAN 001.000.64.571.21.41.00 18,293.75 Total: 18,293.75 205850 12/5/2013 024302 NELSON PETROLEUM 0509031-IN Unit 46 - Filters Unit 46 - Filters 511.000.77.548.68.31.10 58.13 9.5% Sales Tax 511.000.77.548.68.31.10 5.52 Total: 63.65 205851 12/5/2013 066391 NORTHSTAR CHEMICAL INC 47136 NA BISULFATE NA BISULFATE 423.000.76.535.80.31.54 972.40 9.5% Sales Tax 423.000.76.535.80.31.54 92.38 Total: 1,064.78 205852 12/5/2013 061013 NORTHWEST CASCADE INC 1-805937 RENTALS HAINES WHARF RENTALS HAINES WHARF 001.000.64.576.80.45.00 220.77 Total: 220.77 205853 12/5/2013 068769 NORTHWEST CASTER 100001002 Traffic Control - 20' Pull Chains Traffic Control - 20' Pull Chains 111.000.68.542.64.31.00 47.06 Freight 111.000.68.542.64.31.00 15.97 9.5% Sales Tax 111.000.68.542.64.31.00 5.99 Total: 69.02 205854 12/5/2013 063511 OFFICE MAX INC 251623 SUPPLIES SUPPLIES Page: 27 Packet Page 76 of 400 vchlist Voucher List Page: 28 12/05/2013 6:36:08AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 205854 12/5/2013 063511 OFFICE MAX INC (Continued) 001.000.23.523.30.31.00 254.00 Total: 254.00 205855 12/5/2013 063511 OFFICE MAX INC 339530 PW Admin Offices Supplies - Pens PW Admin Offices Supplies - Pens 001.000.65.519.91.31.00 19.16 Water - Blue File Folders for Water 421.000.74.534.80.31.00 28.69 Fac maint - HP Ink 001.000.66.518.30.31.00 35.70 9.5% Sales Tax 001.000.65.519.91.31.00 1.82 9.5% Sales Tax 421.000.74.534.80.31.00 2.73 9.5% Sales Tax 001.000.66.518.30.31.00 3.38 Total: 91.48 205856 12/5/2013 063511 OFFICE MAX INC 426285 HIGHLIGTHERS AND PENS HIGHLIGTHERS AND PENS 001.000.64.571.21.31.00 12.00 9.5% Sales Tax 001.000.64.571.21.31.00 1.14 Total: 13.14 205857 12/5/2013 026200 OLYMPIC VIEW WATER DISTRICT 0054671 HICKMAN PARK IRRIGATION 23700 HICKMAN PARK IRRIGATION 23700 001.000.64.576.80.47.00 319.34 0060860 23700 104TH AVE W 23700 104TH AVE W 001.000.64.576.80.47.00 84.86 Total: 404.20 205858 12/5/2013 002203 OWEN EQUIPMENT COMPANY 00069712 Unit 106 - Debris Hose, Ends, Elbow: Unit 106 - Debris Hose, Ends, Elbow: Page: 28 Packet Page 77 of 400 vchlist Voucher List Page: 29 12/05/2013 6:36:08AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 205858 12/5/2013 002203 OWEN EQUIPMENT COMPANY (Continued) 511.000.77.548.68.31.10 3,027.53 Freight 511.000.77.548.68.31.10 135.04 9.5% Sales Tax 511.000.77.548.68.31.10 300.45 Total: 3,463.02 205859 12/5/2013 027060 PACIFIC TOPSOILS 163017 Storm Dump Fees Storm Dump Fees 422.000.72.531.10.49.00 73.50 163019 Storm Dump Fees Storm Dump Fees 422.000.72.531.10.49.00 73.50 163030 Storm Dump Fees Storm Dump Fees 422.000.72.531.10.49.00 73.50 163032 Storm Dump Fees Storm Dump Fees 422.000.72.531.10.49.00 73.50 163040 Storm Dump Fees Storm Dump Fees 422.000.72.531.10.49.00 73.50 163042 Storm Dump Fees Storm Dump Fees 422.000.72.531.10.49.00 73.50 163051 Storm Dump Fees Storm Dump Fees 422.000.72.531.10.49.00 84.00 163052 Storm Dump Fees Storm Dump Fees 422.000.72.531.10.49.00 73.50 163162 Storm Dump Fees Storm Dump Fees 422.000.72.531.10.49.00 105.00 163171 Storm Dump Fees Page: 29 Packet Page 78 of 400 vchlist Voucher List Page: 30 12/05/2013 6:36:08AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 205859 12/5/2013 027060 PACIFIC TOPSOILS (Continued) Storm Dump Fees 422.000.72.531.10.49.00 126.00 163182 Storm Dump Fees Storm Dump Fees 422.000.72.531.10.49.00 105.00 Total: 934.50 205860 12/5/2013 074673 PARDO, LYNN MARIE TBD REFUND TBD REFUND 2013 - L Pardo for 88 1 TBD REFUND 2013 - L Pardo for 88 1 139.000.344.70.000.00 20.00 Total: 20.00 205861 12/5/2013 008475 PETTY CASH 10/4-12/4/13 FAC MAINT - SUPPLIES FAC MAINT - SUPPLIES 001.000.66.518.30.31.00 11.80 FAC MAINT - UNIT 26 SUPPLIES 001.000.66.518.30.31.00 21.89 SEWER - SEWER TRUCK COMPUT 423.000.75.535.80.31.00 17.49 WATER - WATER DIST SPEC EXAM 421.000.74.534.80.49.00 73.00 WATER - DOH WATER CERT EXAM 421.000.74.534.80.49.00 87.00 WATER - CDL FEES - R SHORE 421.000.74.534.80.49.00 85.00 WATER - CDL RENEWAL - J WAITE 421.000.74.534.80.49.00 10.00 FLEET - ASE TESTING - BRAKE CEI 511.000.77.548.68.49.00 67.00 Total: 373.18 205862 12/5/2013 073546 PITNEY BOWES RESERVE ACCOUNT 12022013 POSTAGE FOR CITY POSTAGE ME" 250-00310 Postage for City Meter 001.000.25.514.30.42.00 8,000.00 Page: 30 Packet Page 79 of 400 vchlist Voucher List Page: 31 12/05/2013 6:36:08AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 205862 12/5/2013 073546 073546 PITNEY BOWES RESERVE ACCOUI` (Continued) Total: 8,000.00 205863 12/5/2013 064735 PNWS - AWWA 2006 WWUC Dues 2014 WWUC Dues 2014 421.000.74.534.80.49.00 500.00 Total : 500.00 205864 12/5/2013 067263 PUGET SAFETY EQUIPMENT COMPANY 0016888-IN Exhale Valve /Dust Mask Exhale Valve /Dust Mask 423.000.76.535.80.31.00 111.00 9.5% Sales Tax 423.000.76.535.80.31.00 10.55 Total: 121.55 205865 12/5/2013 046900 PUGET SOUND ENERGY 200000704821 FRANCES ANDERSON CENTER 70( FRANCES ANDERSON CENTER 70( 001.000.66.518.30.47.00 1,617.25 200007876143 OLD PUBLIC WORKS 200 DAYTON OLD PUBLIC WORKS 200 DAYTON 421.000.74.534.80.47.00 315.56 200009595790 FIRE STATION # 16 8429 196TH ST FIRE STATION # 16 8429 196TH ST 001.000.66.518.30.47.00 518.61 200011439656 FIRE STATION #20 23009 88TH AVE FIRE STATION #20 23009 88TH AVE 001.000.66.518.30.47.00 136.92 200016558856 CIVIC CENTER 250 5TH AVE N / ME CIVIC CENTER 250 5TH AVE N / ME 001.000.66.518.30.47.00 479.22 200016815843 FIRE STATION #17 275 6TH AVE N / FIRE STATION #17 275 6TH AVE N / 001.000.66.518.30.47.00 653.36 200017676343 FLEET MAINTENANCE BAY 21105 7 FLEET MAINTENANCE BAY 21105 7 511.000.77.548.68.47.00 265.27 200019375639 MEADOWDALE CLUBHOUSE 6801 1 Page: 31 Packet Page 80 of 400 vchlist Voucher List Page: 32 12/05/2013 6:36:08AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 205865 12/5/2013 046900 PUGET SOUND ENERGY (Continued) MEADOWDALE CLUBHOUSE 6801 1 001.000.66.518.30.47.00 254.19 200019895354 SNO-ISLE LIBRARY 650 MAIN ST / � SNO-ISLE LIBRARY 650 MAIN ST / � 001.000.66.518.30.47.00 236.50 200020415911 PUBLIC WORKS OMC 7110 210TH ; PUBLIC WORKS OMC 7110 210TH 001.000.65.519.91.47.00 21.90 PUBLIC WORKS OMC 7110 210TH ; 111.000.68.542.90.47.00 83.23 PUBLIC WORKS OMC 7110 210TH ; 421.000.74.534.80.47.00 83.23 PUBLIC WORKS OMC 7110 210TH 423.000.75.535.80.47.10 83.23 PUBLIC WORKS OMC 7110 210TH ; 511.000.77.548.68.47.00 83.23 PUBLIC WORKS OMC 7110 210TH ; 422.000.72.531.90.47.00 83.23 200021829581 WWTP 200 2ND AVE S / METER 00( WWTP 200 2ND AVE S / METER 00( 423.000.76.535.80.47.63 175.95 200024711901 CITY PARK BUILDING 600 3RD AVE CITY PARK BUILDING 600 3RD AVE 001.000.66.518.30.47.00 185.15 Total: 5,276.03 205866 12/5/2013 074156 RAZZ CONSTRUCTION INC 138744 Hydrant Deposit Refund Hydrant Deposit Refund 421.000.245.110 950.00 Total: 950.00 205867 12/5/2013 006841 RICOH USA INC 5028366338 Additional images/ DSD - Ricoh MP1, Additional images/ DSD - Ricoh MP1, 001.000.62.524.10.45.00 8.85 Page: 32 Packet Page 81 of 400 vchlist Voucher List Page: 33 12/05/2013 6:36:08AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 205867 12/5/2013 006841 006841 RICOH USA INC (Continued) Total: 8.85 205868 12/5/2013 069062 RONGERUDE, JOHN 7980 PUBLIC DEFENDER PUBLIC DEFENDER 001.000.39.512.52.41.00 600.00 Total: 600.00 205869 12/5/2013 065784 RUDD COMPANY INC INV-135916 Traffic Control - Supplies Traffic Control - Supplies 111.000.68.542.64.31.00 1,560.10 Freight 111.000.68.542.64.31.00 22.25 111.000.68.542.64.31.00 150.33 Total: 1,732.68 205870 12/5/2013 074668 SANTANA TRUCKING 140865 Refund Hydrant Meter Deposit for Refund Hydrant Meter Deposit for 421.000.245.110 950.00 Total: 950.00 205871 12/5/2013 065001 SCHIRMAN, RON 107 LEOFF Reimbursement LEOFF Reimbursement 009.000.39.517.37.23.00 149.25 Total: 149.25 205872 12/5/2013 067076 SEATTLE PUMP AND EQUIPMENT CO 13-4536 Unit 106 - 8" Vactor Hose Ends Unit 106 - 8" Vactor Hose Ends 511.000.77.548.68.31.10 155.61 Freight 511.000.77.548.68.31.10 15.61 9.5% Sales Tax 511.000.77.548.68.31.10 16.27 Total: 187.49 205873 12/5/2013 068489 SIRENNET.COM 0162082-IN Unit 582 - Chrome Flage Unit 582 - Chrome Flage Page: 33 Packet Page 82 of 400 vchlist Voucher List Page: 34 12/05/2013 6:36:08AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 205873 12/5/2013 068489 SIRENNET.COM (Continued) 511.000.77.548.68.31.10 9.30 0162107-IN Unit 582 - Black Tip Unit 582 - Black Tip 511.000.77.548.68.31.10 27.30 0162182-IN Unit 582 - Motorcycle Speaker Unit 582 - Motorcycle Speaker 511.000.77.548.68.31.10 170.35 Total: 206.95 205874 12/5/2013 060889 SNAP -ON INDUSTRIAL ARV/21240373 Shop Tool - Snap Ring Toolkit Shop Tool - Snap Ring Toolkit 511.000.77.548.68.35.00 26.96 Unit 106 - Supplies 511.000.77.548.68.31.10 21.56 9.5% Sales Tax 511.000.77.548.68.35.00 2.56 9.5% Sales Tax 511.000.77.548.68.31.10 2.05 Total: 53.13 205875 12/5/2013 074651 SNO CO CLERKS OFFICE E1AA.Andersen E1AA.ANDERSEN CONDEMNATION E1AA.Andersen Condemnation Settle 112.200.68.595.33.41.00 6,850.00 Total: 6,850.00 205876 12/5/2013 037375 SNO CO PUD NO 1 2019-9517-2 WWTP FLOW METER 9805 EDMON WWTP FLOW METER 9805 EDMON 423.000.76.535.80.47.62 31.27 Total: 31.27 205877 12/5/2013 037375 SNO CO PUD NO 1 2013-2711-1 610 PINE ST 610 PINE ST 001.000.64.576.80.47.00 31.27 2015-5730-3 750 15TH ST SW 750 15TH ST SW Page: 34 Packet Page 83 of 400 vchlist Voucher List Page: 35 12/05/2013 6:36:08AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 205877 12/5/2013 037375 SNO CO PUD NO 1 (Continued) 001.000.64.576.80.47.00 284.63 2016-1027-6 CEMETERY CEMETERY 001.000.64.576.80.47.00 15.92 2021-6153-5 OLYMPIC BEACH FISHING PIER OLYMPIC BEACH FISHING PIER 001.000.64.576.80.47.00 130.92 2044-6743-5 FIVE CORNERS SPRINKLER FIVE CORNERS SPRINKLER SYSTE 001.000.64.576.80.47.00 73.01 Total : 535.75 205878 12/5/2013 037375 SNO CO PUD NO 1 2001-2487-3 TRAFFIC LIGHT 9933 100TH AVE W TRAFFIC LIGHT 9933 100TH AVE W 111.000.68.542.64.47.00 53.92 2004-2241-8 FRANCES ANDERSON CENTER 70( FRANCES ANDERSON CENTER 70( 001.000.66.518.30.47.00 2,991.52 2011-0356-1 TRAFFIC LIGHT 23800 FIRDALE AVI TRAFFIC LIGHT 23800 FIRDALE AVI 111.000.68.542.64.47.00 57.77 2015-6343-4 TRAFFIC LIGHT 660 EDMONDS WA TRAFFIC LIGHT 660 EDMONDS WA 111.000.68.542.64.47.00 51.23 2017-0375-8 PEDEST CAUTION LIGHT 23190 10( PEDEST CAUTION LIGHT 23190 10( 111.000.68.542.64.47.00 49.80 2042-9221-3 CHARGE STATION #1 552 MAIN ST CHARGE STATION #1 552 MAIN ST 111.000.68.542.64.47.00 123.98 Total : 3,328.22 205879 12/5/2013 063941 SNO CO SHERIFFS OFFICE 1000343244 INV#1000343244 CUST#SSH00095 - SCSO RANGE USAGE 9.5 HRS 11/4 001.000.41.521.40.41.00 475.00 Page: 35 Packet Page 84 of 400 vchlist Voucher List Page: 36 12/05/2013 6:36:08AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 205879 12/5/2013 063941 SNO CO SHERIFFS OFFICE (Continued) SCSO RANGE USAGE 9.5 HRS 11/5 001.000.41.521.40.41.00 475.00 SCSO RANGE USAGE 10 HRS 11/6/ 001.000.41.521.40.41.00 500.00 Tota I : 1,450.00 205880 12/5/2013 070167 SNOHOMISH COUNTY TREASURER November 2013 Crime Victims Court Remittance Crime Victims Court Remittance 001.000.237.140 724.37 Total: 724.37 205881 12/5/2013 038300 SOUND DISPOSAL CO 103584 WWTP 200 2ND AVE S / RECYCLIN, WWTP 200 2ND AVE S / RECYCLIN, 423.000.76.535.80.47.66 29.95 Total: 29.95 205882 12/5/2013 038300 SOUND DISPOSAL CO 103587 WASTE FEES NOVEMBER WASTE FEES NOVEMBER 001.000.64.576.80.47.00 569.63 Total: 569.63 205883 12/5/2013 038300 SOUND DISPOSAL CO 103583 CIVIC CENTER 250 5TH AVE N CIVIC CENTER 250 5TH AVE N 001.000.66.518.30.47.00 550.68 103585 FRANCES ANDERSON CENTER 70( FRANCES ANDERSON CENTER 70( 001.000.66.518.30.47.00 674.47 103586 SNO-ISLE LIBRARY 650 MAIN ST SNO-ISLE LIBRARY 650 MAIN ST 001.000.66.518.30.47.00 555.23 103588 CITY HALL 121 5TH AVE N CITY HALL 121 5TH AVE N 001.000.66.518.30.47.00 459.89 Total: 2,240.27 205884 12/5/2013 040430 STONEWAY ELECTRIC SUPPLY S100710850.001 FAC - Supplies Page: 36 Packet Page 85 of 400 vchlist Voucher List Page: 37 12/05/2013 6:36:08AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 205884 12/5/2013 040430 STONEWAY ELECTRIC SUPPLY (Continued) FAC - Supplies 001.000.66.518.30.31.00 21.34 9.5% Sales Tax 001.000.66.518.30.31.00 2.03 Total: 23.37 205885 12/5/2013 073675 STUART SUMNER TBD REFUND - 4 TBD REFUNE 2013 - S SUMNER Foi TBD REFUNE 2013 - S SUMNER Foi 139.000.344.70.000.00 20.00 Total: 20.00 205886 12/5/2013 070864 SUPERMEDIALLC 440011780777 C/A440001304654 Basic e-commerce hosting 11/02/13 - 001.000.31.518.88.42.00 34.95 440011780786 C/A 440001307733 Nov/2013 Web Hosting for Internet 001.000.31.518.88.42.00 34.95 Total: 69.90 205887 12/5/2013 073501 SYNAPTEC SOFTWARE INC 3138 ANNUAL SUPPORT FOR PROBATIC ANNUAL SUPPORT FOR PROBATIC 001.000.23.523.30.49.00 800.00 Total: 800.00 205888 12/5/2013 073970 TALLMAN, TYLER TALLMAN 11262013 PICKBALL MONITOR 7.5 HOURS PICKBALL MONITOR 7.5 HOURS 001.000.64.575.52.41.00 75.00 Total: 75.00 205889 12/5/2013 074628 TAM INDUSTRIES INC 52807 WWTP - SKYLIGHTS, MATERIALS A W WTP - SKYLIGHTS, MATERIALS A 423.100.76.594.39.65.10 50,885.00 9.5% Sales Tax 423.100.76.594.39.65.10 4,834.08 Total: 55,719.08 Page: 37 Packet Page 86 of 400 vchlist 12/05/2013 6:36:08AM Voucher List City of Edmonds Page: 38 Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 205890 12/5/2013 068724 US HEALTHWORKS MED GROUP OF WP 0513025-WA Storm - DOT Storm - DOT 422.000.72.531.90.49.00 70.00 Total: 70.00 205891 12/5/2013 067865 VERIZON WIRELESS 9715547838 C/A742016114-00001 W WTP flow test modem 001.000.31.518.88.42.00 27.37 9715552629 C/A 772540262-00001 Lift Station access - testing 001.000.31.518.88.42.00 42.13 Total: 69.50 205892 12/5/2013 073063 WASHINGTON WATER HEATERS BLD2013.1323 Online permit - outside City limits Online permit - outside City limits 001.000.257.620 65.00 Total: 65.00 205893 12/5/2013 073552 WELCO SALES LLC 6108 INV#6108 - EDMONDS PD 1,250 EVIDENCE REPORT FORMS 001.000.41.521.80.31.00 594.64 9.5% Sales Tax 001.000.41.521.80.31.00 56.49 Total: 651.13 205894 12/5/2013 064008 WETLANDS & WOODLANDS 6639 RHODODENDRON RHODODENDRON 001.000.64.576.80.31.00 295.00 9.5% Sales Tax 001.000.64.576.80.31.00 28.03 Total : 323.03 205895 12/5/2013 074672 WILLIAMS, JULIE WILLIAMS 11192013 WILLIAMS PILATES INSTRUCTOR 1 WILLIAMS PILATES INSTRUCTOR 1 001.000.64.575.54.41.00 47.25 Total : 47.25 Page: 38 Packet Page 87 of 400 vchlist Voucher List Page: 39 12/05/2013 6:36:08AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 205896 12/5/2013 073586 WOODMAN CONSTRUCTION INC bld2012.0980 Refund - contractor lost bid Refund - contractor lost bid 001.000.257.620 232.80 Total: 232.80 205897 12/5/2013 066678 WSDA PESTICIDE MGMT DIVISION CURRAN 53955 RENEWAL CURRAN LICENSE # 53£ RENEWAL CURRAN LICENSE # 53� 001.000.64.576.80.49.00 33.00 EDHOUSE 46620 RENEWAL EDHOUSE LICENSE NO. RENEWAL EDHOUSE LICENSE NO. 001.000.64.576.80.48.00 33.00 Total: 66.00 132 Vouchers for bank code : usbank Bank total : 470,498.28 132 Vouchers in this report Total vouchers : 470,498.28 Page: 39 Packet Page 88 of 400 PROJECT NUMBERS (By Engineering Number) Engineering Project Funding Number STR EOAA Protect Accounting Number Project Title c329 100th Ave W/Firdale Ave/238th St. SW/Traffic Signal Upgrade STM EOFC c326 Stormwater GIS AWD Intertie and Reservoir Improvements WTR EOJA c363 2010 Waterline Replacement Program Edmonds Museum Exterior Repairs Project FAC EOLB c332 Senior Center Roof Repairs e Corners Roundabout (212th Street SW @ 84th Avenue W) STR E1AB c343 2011 Residential Neighborhood Traffic Calming c368 76th Ave W at 212th St SW Intersection Improvements STR E1DA c354 Sunset Walkway Improvements General EW"SR104 Telecommunications Condgg Crossinn STM E1 FA c336 SW Edmonds-105th/106th Ave W Storm Improvements STM Public ,ilities Water Quality Upgrades STM E1 FF c341 Storm Contribution to Transportation Projects STM E1 FH _JL c349 Stormwater Development Review Support (NPDES Capacity) STM E1 FM c374 Dayton Street & SR104 Storm Drainage Alternatives E001 OR Perrinville Creek Culvert Replaceme SWR E1GA c347 2012 Sewermain-Alder/Dellwood/Beach PI/224th St. Sewer Replacement ff—c370 WTR E1GB Sewer, Water, Stormwater Revenue Requirements Update WTR E1JA c333 2011 Waterline Replacement Program WTR —A `;aa W Waterline Extension with Lvnnwood WTR E1JC c345 Edmonds General Facilities Charge Study c346 WTR E1JE c340 WTR c375 STR E2AA c391 PRV Station 11 and 12 Abandonment 2012 Waterline Replacement Program Main Street Watermain . Transportation Plan Uodate Hv�mprove� t STR E2AC c404 Citywide Safety Improvements Hwy 99 Enhancements (Phase III) WTR E2CA c388 2012 Waterline Overlav Proaram STR E2CC c399 5th Ave Overlay Project �M E rurban MENEr STM E2FA c378 North Talbot Road Drainage Improvements Revised 12/4/2013 Packet Page 89 of 400 PROJECT NUMBERS (By Engineering Number) Engineering Protect Project Accounting Funding Number Number Protect Title STM Am c379 SW�s Basin #3-238th 4MW to Hickman Park Infiltration System STM E2FC c380 Edmonds Marsh Feasibility Study STM Wallingelffssociated Projects 2012 Ebb STM E2FE c382 2012 Citywide Storm Drainage Improvements SW R c369 2012 Sanitary Sewer Comp Plan Update SW R E2GB c390 Alder Sanitary Sewer Pipe Rehabilitation (2013 Sewer Pipe Rehab CIPP) S School Zone Flashing Beacon/Lighting Gra STR E3AB c427 SR104 Corridor Transoportation Study 220 7th Ave N Sidewalk STR E3DB c423 238th St. SW Walkway (100th Ave to 104th Ave) 15th St. SW Walkwa ve) STR E3DD c425 236th St. SW Walkway (Edmonds Way to Madrona School) ADA Curb Ramp Upgrades along 3rd Ave S STM E3FA c406 2013 Citywide Drainage Replacement OF c407 2013 Lake Ballinger Basin Study & Associated Projec STM E3FC c408 Perrinville Creek Stormwater Flow Reduction Retrofit Study 09 Dayton Street Storm Wprovements (6th Ave - 8th Ave STM E3FE c410 Northstream Pipe Abandonement on Puget Drive 190th PI SW Wall Construction SWR E3GA c398 2013 Sewerline Replacement Project OVD Sewer Late WTR E3JA c397 2013 Waterline Replacement Program 4th Waterline Relocation (2013) WTR E3JB c141 OVD Watermain Improvements (2003) FAC IFFIEffFrances Anderson Center Accesibilty Upgrades WTR E4JA c422 2014 Waterline Replacement Program STR E6DA 76th Avenue West/75th Place West Walkwa STR E6DB c256 Caspers/Ninth Avenue/Puget Drive (SR524) Walkway Project General E6MA SR99 Enhancement Program STR E7AA c265 Main Street Lighting and Sidewalk Enhancements STR St. SW Corridmrovements STR E7CB c268 Shell Valley Emergency Access Road STM m013 NPDES PM E7MA c276 Dayton Street Plaza Revised 12/4/2013 Packet Page 90 of 400 PROJECT NUMBERS (By Engineering Number) Engineering Protect Project Accounting Funding Number Number Protect Title SWR E8GA c298 _ Lift Station 2 Improvements (mated from Us 13 - 09101/08) SWR E8GD c301 City -Wide Sewer Improvements PM + E8MA Mr Fourth Avenue Cultural Corrid PM E8MB c290 Marina Beach Additional Parking E9CAJ1W c294 2009 Street Overlay Program STIR E91DA c312 226th Street Walkway Project Ibot Rd. Stqjffi,@jain Project/Perrinville Creek Mitigation SWR E9GA c304 Sewer Lift Station Rehabilitation Design c321 Senior Center Parking Lot & Landscaping Improvements Revised 12/4/2013 Packet Page 91 of 400 Hour Type Hour Class 170 REGULAR HOURS 174 REGULAR HOURS 191 REGULAR HOURS Payroll Earnings Summary Report City of Edmonds Pay Period: 651 (11/01/2013 to 11/30/2013) Description Hours Amount COUNCIL BASE PAY 0.00 7,000.00 COUNCIL PRESIDENTS PAY 0.00 200.00 FIRE PENSION PAYMENTS 4.00 2,608.94 4.00 $9,808.94 Total Net Pay: $7,043.63 12/05/2013 Page 1 of 1 Packet Page 92 of 400 Payroll Earnings Summary Report City of Edmonds Pay Period: 627 (11/16/2013 to 11/30/2013) Hour Type Hour Class Description Hours Amount 111 ABSENT NO PAY LEAVE 4.00 0.00 121 SICK SICK LEAVE 489.50 16,951.99 122 VACATION VACATION 1,309.50 49,508.09 123 HOLIDAY HOLIDAY HOURS 188.00 6,200.75 124 HOLIDAY FLOATER HOLIDAY 54.00 1,699.40 125 COMP HOURS COMPENSATORY TIME 128.50 4,824.44 129 SICK Police Sick Leave L & 1 50.00 1,892.97 130 COMP HOURS Holiday Compensation Used 18.00 630.55 141 BEREAVEMENT BEREAVEMENT 72.00 2,504.15 150 REGULAR HOURS Kelly Day Used 108.00 3,935.21 155 COMP HOURS COMPTIME AUTO PAY 76.88 3,170.91 160 VACATION MANAGEMENT LEAVE 1.00 40.49 190 REGULAR HOURS REGULAR HOURS 11,817.75 426,640.24 196 REGULAR HOURS LIGHT DUTY 32.00 1,422.13 210 OVERTIME HOURS OVERTIME -STRAIGHT 160.00 6,302.20 215 OVERTIME HOURS WATER WATCH STANDBY 48.00 2,283.29 216 MISCELLANEOUS STANDBY TREATMENT PLANT 15.00 1,341.86 220 OVERTIME HOURS OVERTIME 1.5 157.75 8,720.56 225 OVERTIME HOURS OVERTIME -DOUBLE 16.50 1,008.80 411 SHIFT DIFFERENTIAL SHIFT DIFFERENTIAL 0.00 596.91 600 RETROACTIVE PAY RETROACTIVE PAY 0.00 218.96 602 COMP HOURS ACCRUED COMP 98.25 0.00 603 COMP HOURS Holiday Comp 1.0 34.00 0.00 604 COMP HOURS ACCRUED COMP TIME 125.25 0.00 607 COMP HOURS Holiday Compensatory Time 1.5 9.00 0.00 acc MISCELLANEOUS ACCREDITATION PAY 0.00 23.56 acs MISCELLANEOUS ACCRED/POLICE SUPPORT 0.00 161.90 boc MISCELLANEOUS BOC II Certification 0.00 80.05 cpl MISCELLANEOUS TRAINING CORPORAL 0.00 137.44 crt MISCELLANEOUS CERTIFICATION III PAY 0.00 589.30 det MISCELLANEOUS DETECTIVE PAY 0.00 95.89 det4 MISCELLANEOUS Detective 4% 0.00 923.69 ed1 EDUCATION PAY EDUCATION PAY 2% 0.00 736.66 ed2 EDUCATION PAY EDUCATION PAY 4% 0.00 834.14 12/05/2013 Page 1 of 2 Packet Page 93 of 400 Payroll Earnings Summary Report City of Edmonds Pay Period: 627 (11/16/2013 to 11/30/2013) Hour Type Hour Class Description Hours Amount ed3 EDUCATION PAY EDUCATION PAY 6% 0.00 4,836.73 fmla ABSENT FAMILY MEDICAL/NON PAID 8.00 0.00 furls SICK FAMILY MEDICAL/SICK 79.00 2,418.31 hol HOLIDAY HOLIDAY 2,242.60 81,942.44 k9 MISCELLANEOUS K-9 PAY 0.00 190.11 Iq1 LONGEVITY PAY LONGEVITY PAY 2% 0.00 1,919.19 Iq2 LONGEVITY PAY LONGEVITY PAY 4% 0.00 1,265.29 Iq3 LONGEVITY PAY LONGEVITY 6% 0.00 4,861.08 Iq4 LONGEVITY Longevity 1 % 0.00 372.19 Iq5 LONGEVITY Longevity 3% 0.00 66.98 Iq6 LONGEVITY Longevity .5% 0.00 313.05 Iq7 LONGEVITY Lonqevitv 1.5% 0.00 691.19 mtc MISCELLANEOUS MOTORCYCLE PAY 0.00 191.78 ooc MISCELLANEOUS 5% OUT OF CLASS 0.00 239.28 pola ABSENT Pregnancy Disabil/NON PAID 22.00 0.00 pds MISCELLANEOUS Public Disclosure Specialist 0.00 44.66 phv MISCELLANEOUS PHYSICAL FITNESS PAY 0.00 1,655.00 prof MISCELLANEOUS PROFESSIONAL STANDARDS SER 0.00 147.00 sdp MISCELLANEOUS SPECIAL DUTY PAY 5% 0.00 290.85 sqt MISCELLANEOUS ADMINISTRATIVE SERGEANT 0.00 147.00 slw SICK SICK LEAVE ADD BACK 243.75 0.00 traf MISCELLANEOUS TRAFFIC 0.00 302.03 17,608.23 $645,370.69 Total Net Pay: $442,925.24 12/05/2013 Page 2 of 2 Packet Page 94 of 400 Benefit Checks Summary Report City of Edmonds Pay Period: 627 - 11/16/2013 to 11/30/2013 Bank: usbank - US Bank Check # Date Payee # Name Check Amt Direct Deposit 60695 12/05/2013 mebt AST TTEE 88,340.31 0.00 60696 12/05/2013 aac AUDIT & ADJUSTMENT CO INC 550.66 0.00 60697 12/05/2013 epoa EPOA-1 POLICE 1,150.00 0.00 60698 12/05/2013 epoa4 EPOA-4 POLICE SUPPORT 117.00 0.00 60699 12/05/2013 flex FLEX -PLAN SERVICES, INC 315.83 0.00 60700 12/05/2013 jhan JOHN HANCOCK 987.94 0.00 60701 12/05/2013 pb NATIONWIDE RETIREMENT SOLUTION 7,596.85 0.00 60702 12/05/2013 cope SEIU COPE 62.00 0.00 60703 12/05/2013 seiu SEW LOCAL 925 3,145.32 0.00 60704 12/05/2013 sdu STATE DISBURSEMENT UNIT 250.00 0.00 60705 12/05/2013 uw UNITED WAY OF SNOHOMISH COUNTY 314.00 0.00 60706 12/05/2013 icma VANTAGE TRANSFER AGENTS 304884 2,365.32 0.00 60707 12/05/2013 wadc WASHINGTON STATE TREASURER 19,856.28 0.00 125,051.51 0.00 Bank: wire - US BANK Check # Date Payee # Name Check Amt Direct Deposit 2035 12/05/2013 front FRONTIER BANK 113,605.21 0.00 2036 12/05/2013 aflac AFLAC 4,823.18 0.00 118,428.39 0.00 Grand Totals: 243,479.90 0.00 12/5/2013 Page 1 of 1 Packet Page 95 of 400 AM-6379 City Council Meeting and Committee Meetings Meeting Date: 12/10/2013 Time: Submitted By: Department: Committee: Consent Linda Hynd City Clerk's Office Type: Information 3. C. Subject Title Acknowledge receipt of a Claim for Damages from Kimberly Huneke (amount undetermined), and Ratelco Properties Corp. ($50,000.68) Recommendation Acknowledge receipt of the Claims for Damages by minute entry. Previous Council Action N/A Narrative Kimberly Huneke 61 Pine Street #202 Edmonds, Wa 98020 (Amount undetermined) Ratelco Properties 152 3rd Avenue S. Suite 202 Edmonds, WA 98020 ($50,000.68) Huneke Claim for Damages Ratelco Claim for Damages Inbox Mayor Finalize for Agenda Fonn Started By: Linda Hynd Final Approval Date: 12/05/2013 Attachments Form Review Reviewed By Date Dave Earling 12/05/2013 09:34 AM Scott Passey 12/05/2013 09:42 AM Started On: 12/04/2013 03:47 PM Packet Page 96 of 400 RECEIVED CITY OF EDMONDS CLAIM FOR DAMAGES FORM DEC - 3 2013 Please take note that 1 who currently resides at o Pine Ed 2Ci vwWA q_ , mailing address .5 a M e , home phone # y25` 712 - S%3 work phone # and who resided at at the time of the occurrence and whose date of birth is claiming damages against L i i u d Ll [,ncnl s _ in the sum of $ arising out of the following circumstances listed below. * 01.4 4V va• U t e_)4X:: _ .-)r S f mre, 5 w act i . L, L-cl r yNon A,, F—k V i -, - t- DATE OF OCCURRENCE: �I 30 - go I'3 TIME: L'i' Q 15 12. A-1 — LOCATION OF OCCURRENCE: • ' Av,. r DESCRIPTION: Sdcrn e 12- ecXd i nc9 P-aorn 1. Describe the conduct and circumstance that brought about the injury or damage. Also describe the injury or damage. Y . 1 _ 1 s l 1, 1 •, i i L 11 r— 1 T 1prd ` {attach an extra sheet for additional informafion, 'rf needed) ie'J r e;_ied me {,vit c'F} cA')V_1e_ SprraA r Yer&l Vcl N X- rcky. 2. Provide a list of witnesses, if applicable, to the occurrence including names, addresses, and phone numbers. C(�k. U+� r 1 •<< 4' r� I IC ?I �t iL;-r r•1 rM-e k-a x Cln n r 1 •1rti • � t%kn'C.PN 14 -q [YILM LY rY1� i� !-t<r11�2 - 3. Attach copies of all documentation relating to expenses, injuries, losses, and/or estimates for repair 4. Have you submitted a claim for damages to your insurance company? / Yes No If so, please provide the name of the insurance company; ke-ctenc and the policy #: IscW 0 11()1 10 License Plate# Type Auto: , *"ADDITIONAL INFORISATION REQUIRED FOR AUTOMOBILE CLAIMS ONLY ` * Driver License # (year) (rnakey (model) DRIVER: OWNER: Address: Address: Phone#; Phone#: Passengers: Name: Name: Address: Address: n n LDS Forlu ACViSCd GWI6/09 Packet Page 97 of 400 Page 1 of 2 * * NOTE: THIS FORM MUST BE SIGNED AND NOTARIZED * I, I'C 1 M hX-'Yd w 1 f'7une1 , being first duly sworn. depose and say that 1 am the claimant for the above described, that I h e read the above claim, know the contents thereof and believe the same to be true. X X Signature of Claimant(s) State of Washington County of S r✓n IS Iq I certify that t know or have satisfactory evidence that h(knehn— is the person who appeared before me, and said person acknowledges} that (he/she) signed this instrument and a&nowledged it to be (his/her) free and voluntary act for the uses and purposes mentioned in the instrument. Dated_ dZ - 13 1►- DQ Signature D'FA .. Title �Lk0 My appointment expires: SL— Iq-/f Please present the completed claim form to: City Cierk's Office City of Edmonds 121 5`h Avenue North Edmonds; WA, 98020 8:00 a.m. to 4:30 p.m. Perm Revised 07/16M Packet Page 99 of 400 Page 2 of 2 1\lJ VJ.i1 V ALW" - DEC 0 4 2013 CITY OF EDMONDS EDMONDSCMCMK CLAIM FOR DAMAGES FORM Date Claim Form Received by City Please take note that Ratelco Properties Corp. who currently resides at 152 3rd Ave S. Suite 202, Edmonds, WA 98020 mailing address 152 3rd Avw S. Suite 202 Edmonds WA 98020 home phone # work phone # (425) 672-97gM who resided at _ Same as Mailing at the time of the occurrence and whose date of birth is _ , is claiming damages against City of Edmonds in the sum of $ 50, 000.68 arising out of the following circumstances listed below. DATE OF OCCURRENCE: LOCATION OF OCCURRENCE: DESCRIPTION: 8/ 29/ 2013 TIME: 5 : 55PM 152 3rd Ave. S. Edmonds, WA 1. Describe the conduct and circumstance that brought about the injury or damage. Also describe the injury or damage. The City owned storm drains backed up due to excessive rainwater, and flowed into our buildinc under ther door. The carpet in the commons area andsuite 102 had to be replaced, The walls were opened up and blowers used to dry sheetrock. (attach an extra sheet for additional information, if needed) 2. Provide a list of witnesses, if applicable, to the occurrence including names, addresses, and phone numbers. Dave Moll SERVPRQ of Edmonds (425) 774-1 1 4R . Jan Manfredini (206)365-5777 3. Attach copies of all documentation relating to expenses, injuries, losses, and/or estimates for repair. 4. Have you submitted a claim for damages to your insurance company? X Yes No If so, please provide the name of the insurance company: The Hartford and the policy #: _ 52 UUN GJ1760 *' ADDITIONAL INFORMATION REQUIRED FOR AUTOMOBILE CLAIMS ONLY License Plate # Driver License # Type Auto: (year) (make) (model) DRIVER: OWNER: Address: Address: Phone#: Phone#: Passengers: Name: Name: Address: Address: Form Revised 07/16/09 Packet Page 100 of 400 Page 1 of 2 * * NOTE: THIS FORM MUST BE SIGNED AND NOTARIZED * * being first duly sworn, depose and say that I am the claimant for the above described; that I have re the above claim, know the contents thereof and believe the same . be true. x Signature of Claimant(s) State of Washing on f� County of _ 'I's I certify that I know or have satisfactory evidence that ��'�`r �O kI ,50 n _ is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument and acknowledged it to be (his/her) free and voluntary act for the uses and purposes mentioned in the instrument. Dated: I z12, A 3 Si n ture �` ��QN �}� •� Title II 4e.. My appointment expires: t �" Pueori WA Please present the completed claim form to City Clerk's Office City of Edmonds 121 5`h Avenue North Edmonds, WA, 98020 8:00 a.m. to 4:30 p.m. Form Revised 07/16/09 Packet Page 101 of 400 Page 2 of 2 AM-6392 City Council Meeting and Committee Meetings Meeting Date: 12/10/2013 Time: 60 Minutes Submitted By: Carrie Hite Department: Parks and Recreation Committee: Tyne: Information Subject Title Parks, Recreation, and Open Space draft plan presentation Information 5. Recommendation Council receive PROS draft plan and encourage the community to review and provide feedback over the next two months. Previous Council Action Council awarded a contract to MIG to work with the City to complete the draft Parks, Recreation, and Open Space Plan. Council authorized expenditure of $125,000 for this contract to complete both the PROS plan and the companion Community Cultural Plan. Narrative MIG will present the process and product of the draft Parks Recreation and Open Space plan and answer questions. The draft plan was published this week and will be open for a 60 day review period. The complete draft plan can be found here: http://www. edmondswa. gov/govemment/departments/parks-recreation-a-cultural-services/about-us/park-planning-proj ects.html. Inbox Reviewed By City Clerk Scott Passey Mayor Dave Earling Finalize for Agenda Scott Passey Fonn Started By: Carrie Hite Final Approval Date: 12/06/2013 Form Review Date 12/05/2013 02:43 PM 12/05/2013 05:41 PM 12/06/2013 07:58 AM Started On: 12/05/2013 01:34 PM Packet Page 102 of 400 AM-6374 City Council Meeting and Committee Meetings Meeting Date: 12/10/2013 Time: 15 Minutes Submitted For: Councilmembers Bloom and Peterson Department: City Council Committee: Subject Title Discussion and Potential Action for a Code of Conduct Recommendation Submitted By: Jana Spellman Tyne: Information Action Previous Council Action 2012 Council Retreat: Council made this subject a priority for 2012 (minutes attached) April 10, 2012 Public Safety and Personal Committee: This agenda items was discussed (minutes attached). 2013 Council Retreat: This item was discussed (minutes attached). March 12, 2013 Public Safety and Personnel Committee: This item was discussed (minutes attached). July 9.2013 PS/P Committee: This item was discussed (minutes attached). July 30, 2013 Council Meeting: This item was put on the August 20, 2013 Council Agenda. See excerpt from July 30, 2013 minutes below: "DISCUSSION REGARDING CODE OF ETHICS This item was moved to the August 20, 2013 Council meeting via action taken under Agenda Item 2." August 20, 2013 Council Meeting: Council President Petso suggested due to the late hour and remaining items on the agenda items that this item be postponed to a future meeting. August 27, 2013 Council Meeting; This item was discussed (minutes attached). September 10, 2013 Public SafeZ2ersonnel Committee Meeting: This item was discussed (minutes attached). September 17, 2013 Council Meeting_ This item was discussed (minutes attached). October 8.2013 Public Safety/Personnel Committee Meeting: See below. "C. Continued discussion re ag rding Code of Conduct. Committee edited the draft, removing duplications and for language consistency. At City Attorney's request, the draft version of the Code of Conduct will be forwarded to the city's judge, an elected official, for his input as to whether the elected position of judge should be included in the Code of Conduct. Action: Recommend scheduling this item on future Council agenda for finalizing the draft and referral back to City Attorney." 11/12/13 Public Safety Personnel Committee: D. Discussion and possible action regarding Code of Conduct: Committee was unsure whether it should be written as a resolution or ordinance. Committee was to contact Jeff Taraday for his input. Packet Page 103 of 400 Action: It was agreed to forward the Code of Conduct to full Council. December 3.2013 Council Meeting: Due to the lateness of the hour, this agenda item was scheduled for the 12/10/2013 full Council Meeting. Narrative Discussions regarding the formation of a Code of Conduct and Ethics policy have occurred in the Public Safety/Personnel Committee and at full Council meetings in 2012 and 2013. This item was discussed at the 9/10/2013 Public Safety and Personnel Committee and 9/17/13 Council Meeting. This agenda item was sent back to the Public Safety and Personnel Committee during the 11/4/13 Council Meeting. It was discussed at the 11/12/13 Public Safety/Personnel Committee. This agenda item is before the full Council for discussion and possible action. Attachments Attach 1: 2012 Council Retreat Minutes Attach 2 Al2ril-10-12 Minutes Public Safety, Personnel Committee Attach 3 - ExeMt from 2012 FINAL Edmonds Personnel Policies Attach 4 - Ord 3689 Conflict of Interest Attach 5: Excerpt from 2013 Council Retreat Minutes Attach 6: Minutes 3/12/13 PS/P Committee Attach 7: Minutes 7/9/13 PS/P Committee Attach 8: 08-27-13 Annroved City Council Minutes Attach 9: Attach 9 - 11-25-13 Proposed Code of Conduct Resolution Attach 10: 9/17/13 Approved City Council Minutes Inbox City Clerk Mayor Finalize for Agenda Form Started By: Jana Spellman Final Approval Date: 12/05/2013 Reviewed By Scott Passey Dave Earling Scott Passey Form Review Date 12/04/2013 11:35 AM 12/05/2013 09:36 AM 12/05/2013 09:42 AM Started On: 12/04/2013 10:04 AM Packet Page 104 of 400 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 105 of 400 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 106 of 400 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 107 of 400 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 108 of 400 (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 109 of 400 • 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 110 of 400 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 111 of 400 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 112 of 400 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 113 of 400 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 114 of 400 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 115 of 400 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 116 of 400 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 117 of 400 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 118 of 400 (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 f BFP696127.DOC; 1/00006.900000/) - 4 - Packet Page 119 of 400 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 (BFP696127.DOC;1/00006.9000001) - 5 - Packet Page 120 of 400 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. (BFP696127.DOC;1100006,9000001) Z'. ' - " z - (�A CITY CLERK., SANDRA S. CHASE M Packet Page 121 of 400 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 122 of 400 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 123 of 400 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 124 of 400 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 125 of 400 Councilmember Peterson suggested dropping reference to 2.10.050 in this section of the code. Councilmember Bloom next pointed out that 2.10.050 refers to both finance director and community services director, however the title of the section does not reflect this. Further, Councilmember Bloom believes the positions of Executive Assistant to the Council and the Mayor's Executive Assistant should not be part of this chapter as they are not City Officers. Committee members agreed to request the City Attorney to determine if these positions should be in a different section of the code. D. Discussion regarding Code of Ethics. Committee members discussed ethics policies from Bainbridge Island, Lynnwood and Kirkland. Councilmember Bloom referred to the policy from Bainbridge Island and would like to include the requirement for members to "disclose a conflict of interest" as a standing requirement at all city meetings for all officials. Councilmember Peterson commented that he believes the Council does a good job at this disclosure; however, having it on each agenda is a good reminder. Further discussion occurred related to policies, including the possible consideration of a Code of Ethics Officer. After discussion the committee agreed to forward to the next work session of the City Council the Bellevue and Kirkland ethics policies and the Kirkland Code of Conduct for discussion. The committee also recommended including the statement from Bainbridge Island related to disclosure of conflict of interest for all officials. After full Council discussion, direction can then be given to the City Attorney on how to proceed. Ms. Hite indicated she would bring back information on a Code of Ethics Officer. The meeting adjourned at 8:07 p.m. Public Safety & Personnel Committee July 9, 2013 Page 5 of 5 Packet Page 126 of 400 Councilmember Johnson said longevity compensation makes sense for employees who are at the top of their scale and have no opportunity for further advancement. She expressed interest in further information about the fiscal impact of longevity compensation retroactive to 2013 as well as the fiscal impact for outlying years. Councilmember Fraley-Monillas commented the pay scale for nonrepresented employees is a separate issue and should be addressed separately rather than piecemealed via longevity pay. She noted longevity pay would not motivate employees to seek promotion or to remain in the City's employment. Longevity pay is part of a compensation package that was negotiated with the other groups. She preferred to consider longevity pay for nonrepresented employees as part of a compensation package. Ms. Hite pointed out longevity compensation was part of a package for nonrepresented employees that the compensation consultant presented to the Council. The Council asked to have it pulled out for continued discussion. Councilmember Peterson agreed the Council was provided a compensation package for nonrepresented that was similar to represented employees. It was the Council's decision to separate out some items. He suggested the next agenda memo include the complete compensation package that was presented by the compensation consultant. Ms. Hite summarized the information the Council was requesting in addition to the original compensation package includes, 1) the fiscal impact for retroactivity in 2013, 2) fiscal impact for outlying years, 3) a flat rate approach and the fiscal impact. Due to the absence of 3 Councilmembers from the September 17 and 24 meetings, Mayor Earling suggested information be provided at next week's meeting or a full Council meeting be held on September 10. Council President Petso suggested either staff return with the information soon or it be addressed as a decision package in the 2014 budget. 11. DISCUSSION REGARDING CODE OF ETHICS Parks & Recreation/Reporting Human Resources Director Carrie Hite explained the Personnel Committee has been comparing and contrasting Codes of Ethics for cities throughout the Puget Sound region. Two documents the committee has been considering include Kirkland and Bellevue's Code of Ethics. The committee has also discussed Bainbridge Island's code. Kirkland adopted a Code of Conduct in addition to a Code of Ethics. She explained a Code of Conduct describes professional responsibilities; a Code of Ethics describes legal responsibilities. A Code of Ethics would apply to the Council, boards and commissions; staff is guided by a Code of Conduct in the City's personnel policies. The Personnel Committee has also expressed interest in identifying an Ethics Officer. Some of the comparable models reviewed by the Personnel Committee identify an Ethics Officer outside the organization in order to have an objective, non -vested perspective in researching a Code of Ethics issues. For example Kirkland and Bellevue contract with an Ethics Officer on an as needed basis who is only paid when a Code of Ethics issue needs to be investigated. Neither Kirkland nor Bellevue had incurred any expenses for outside review of a Code of Ethics violation. Councilmember Bloom noted the attachments are in the August 20, 2013 packet. She clarified in addition to Councilmembers, boards and commissions, the Code of Ethics would cover all elected officials including the Mayor. Kirkland and Bellevue's Codes of Ethics do not include a Mayor because they have a City Manager form of government. Councilmember Bloom expressed concern with including the requirement in 3.14.040 of Kirkland's policy related to financial disclosure for all officials. Officials are defined as all members of boards and commissions. Kirkland's policy excludes the Mayor and Council because elected officials must present Edmonds City Council Draft Minutes August 27, 2013 Page 12 Packet Page 127 of 400 all financial information on a yearly basis. She did not support requiring all members of boards and commissions to disclose their financial information and suggested that be excluded that from Edmonds' Code of Ethics; Bellevue's Code of Ethics does not have that requirement. She also suggested consideration be given to the complaint process and who handles complaints. For example Kirkland involves the Hearing Examiner and the City Council in the event of a complaint regarding a Councilmember. Councilmember Peterson agreed with Councilmember Bloom's concern about requiring members of boards and commissions to disclose financial information. He agreed with the Council considering a Code of Ethics in a proactive approach rather than a reactive approach. He supported the City having a Code of Ethics for elected officials and boards and commissions, anticipating a Code of Ethics would make the Council's work easier if an ethical issue arose. As Councilmember Buckshnis indicated, a Code of Ethics can be subjective, but responding to an ethical complaint would be even more subjective without a Code of Ethics. Councilmember Fraley-Monillas advised Snohomish County adopted a Code of Conduct for all boards and commissions and every commission and board member must acknowledge they have read and understand the Code of Conduct. She encouraged Councilmembers to review Snohomish County's Code of Conduct for elected and appointed officials. Councilmember Bloom asked whether Snohomish County's Code of Conduct was similar to Kirkland's. Councilmember Fraley-Monillas responded Snohomish County may be more thorough and straightforward. Council President Petso said she was pleased to see Kirkland's Code of Conduct in the packet and was interested in pursuing a Code of Conduct. She was concerned about the Code of Ethics and Ethics Officer and complaint enforcement. She feared a person who did not agree with an official's position on an issue could file an ethics complaint. She indicated she was unlikely to support a Code of Ethics that included a complaint process, an Ethics Officer and enforcement. She found Bellevue's Code of Ethics less objectionable; the statement of intent is to not to limit people who could serve on boards and commissions and elected officials. She agreed the financial disclosure in Kirkland's Code of Ethics would likely deter citizens from volunteering for a board or commission. Council President Petso noted there are other aspects, particularly in Kirkland's Code of Ethics that would deter citizens from volunteering to serve on a board or commission. There are events that do not constitute an ethics issue but might under a poorly drafted policy. For example when she was appointed to Council, a relative was serving on the Sister City Commission; that did not create an issue for her or him. It would have been unfortunate if the Code of Ethics forced one of them to resign their position. One of Kirkland's policies indicated it would be a conflict if a person serving on a board of commission lived in your household. In the example she provided, the person did live in her household for a period of time but it had no impact on his ability to serve on the Sister City Commission. Council President Petso relayed the City Attorney wanted the Council to discuss whether they were interested in developing a Code of Ethics for Edmonds because it will take him a great deal of time to develop it. Less legal time would be involved in drafting a Code of Conduct. Councilmember Buckshnis preferred the Bainbridge Island Code of Ethics. She agreed with not requiring boards and commissions to disclose financial information, commenting Councilmembers file with the Public Disclosure Commission. She liked the Code of Conduct although she feared it could be subjective. She recalled recent emotionally charged conversations with a fellow Councilmember that could have been interpreted as an argument. She preferred to start with a Code of Conduct using Snohomish County as an example. Edmonds City Council Draft Minutes August 27, 2013 Page 13 Packet Page 128 of 400 Councilmember Bloom also liked Bainbridge Island's Code of Ethics policy the best. She recalled Councilmember Peterson's concern with Bainbridge Island's creation of an Ethics Board and the need for staff support for such a board. She supported adopting a Code of Ethics for the Council, boards and commissions. She explained an ethics violation was not related to conduct but rather conflicts of interest. She asked the City Attorney to describe an ethics violation. City Attorney Sharon Cates answered Code of Ethics are related to conflict of interest issues, not interpersonal interaction. Councilmember Bloom commented Bainbridge Island's policy allows citizens to ask questions about potential ethics violations and the Ethics Board decides whether to pursue a complaint. Bainbridge Island's policy also has consequences for bringing a frivolous or unsubstantiated complaint. She asked if that was typical of ethics policies. Ms. Cates answered a solid ethics code includes a process for determining whether a complaint is an ethics violation. Councilmember Bloom noted an ethics complaint is required to be notarized and to include information about the violation. Councilmember Buckshnis expressed support for the Personnel Committee working on a Code of Conduct similar to Kirkland's. Councilmember Yamamoto agreed with the Committee continuing to consider a Code of Conduct and a Code of Ethics. He encouraged Councilmembers to submit suggestions/comments/concerns to the committee. Councilmember Fraley-Monillas suggested scheduling further discussion on either the September 17 or 24 Council meetings. Council President Petso agreed it could be scheduled with the understanding it would be discussion only due to the absence of three Councilmembers. Councilmember Peterson suggested Councilmembers review Bainbridge Island's ethics policy on their website. He agreed there were good ideas in the policy; he was opposed to creating an Ethics Board. Councilmember Bloom agreed with first establishing a Code of Conduct but did not want to abandon the idea of a Code of Ethics. The Personnel Committee has discussed it at length and the community would like the City to have an ethics policy. Councilmember Buckshnis agreed with Councilmember Peterson's concern with creating an Ethics Board. She preferred to use a professional Ethics Officer. 14. REPORT ON OUTSIDE BOARD AND COMMITTEE MEETINGS Councilmember Johnson reported on her participation on the review of arts and cultural aspects of the Parks, Recreation and Open Space Plan. She described efforts to gather input from the public including a survey at the recent concert in the park. There is also an online survey available. Councilmember Bloom reported the Tree Board discussed definitions in the Tree Code including hazardous trees, nuisance trees and trees. Councilmember Bloom reported the Council interviewed a new member for the Lodging Tax Advisory Committee tonight. Councilmember Bloom reported on her first meeting as the Council liaison to the Port of Edmonds liaison. The Commission discussed budget issues and promotional efforts. The Commission was also provided a project update including expansion of Anthony's Beach Cafe as well as the roof on Harbor Square building 2 which is $30,000 under budget and will last 20-30 years. Edmonds City Council Draft Minutes August 27, 2013 Page 14 Packet Page 129 of 400 RESOLUTION NO. A RESOLUTION OF THE EDMONDS CITY COUNCIL IMPLEMENTING A CODE OF CONDUCT FOR THE MAYOR, COUNCILMEMBERS, AND ALL MEMBERS OF CITY BOARDS, COMMISSIONS, COMMITTEES, OR WORK GROUPS. WHEREAS, the City Council finds that City business should be conducted publicly, in an atmosphere of respect and civility, NOW, THEREFORE, BE IT RESOLVED, the following Code of Conduct is adopted and shall apply to the Mayor, City Councilmembers, and members of all City Boards, Commissions, Committees, or Work Groups. In the course of their duties, all group leaders will: 1) provide all members a fair opportunity to participate, 2) not permit any member to dominate proceedings or intimidate other members, and 3) not permit any disrespectful behavior toward participants or the City. In the course of their duties, all participants, including leaders, will: 1) respect the individual talents and contributions of others, 2) avoid offensive comments and behavior, 3) avoid intimidating comments and behavior, 4) listen courteously and attentively, 5) conduct public business in an open and transparent manner, 6) base decisions on the merits, not on other considerations, 7) assist leaders in ensuring fair treatment of all members, and 8) assist leaders in controlling disrespectful or intimidating behavior. When speaking officially, all leaders and members will respectfully convey the position of their group. When speaking personally, all leaders and members will disclose that their comments are their own, and not made as a representative of their group. Violations of this Code of Conduct should be raised with an appropriate individual: the group leader, a relevant staff member, a City Council member or the Mayor. Persistent violations could lead to an effort to remove the individual from the group. This Resolution shall take effect immediately upon its adoption. Adopted this of 2013. DAVID O. EARLING, MAYOR ATTEST/AUTHENTICATED: CITY CLERK, SCOTT PASSEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO: Packet Page 130 of 400 runs into the sanitary sewer pipe. Although there are separate stormwater and sanitary sewer systems, after heavy rains, there are high flows at the treatment plant. Even with an effective engineering solution to prevent water from entering the sewer line, the water has to go somewhere and likely will cause a problem by going somewhere else. Therefore there needs to be a very comprehensive solution such as an improvement to the storm system. The City does not have any projects that are specific solutions to infiltration or inflow problems. He knew of incentive programs whereby stormwater rates are reduced if a property's storm drains are separated from the sanitary sewer system. Councilmember Buckshnis expressed support for the proposed rate increase due to the increased cost in the future and unknowns with regard to rates, the City's future finances and bond rating. She asked whether the rate could be implemented and changed in the future. She inquired about the reduction in the City's sewer rates in the past. Mr. Williams explained wastewater rates were raised in 2003-2004; the only change since then was a 2.2% reduction in 2006. Councilmember Buckshnis commented it was progressive to create a rate structure that would generate enough cash for capital projects instead of continuing to bond for capital projects. Mr. Williams commented even with the recommended rate increase, the City would continue to borrow for a few more years until there was enough rate capital to do capital projects without borrowing. Mayor Earling declared a brief recess. 11. CONTINUED DISCUSSION REGARDING CODE OF CONDUCT AND CODE OF ETHICS Mayor Earling inquired about proceeding with Agenda Items 11 and 12 when three Councilmembers were absent. Council President Petso was hopeful Councilmember Bloom could describe areas of agreement/disagreement between Public Safety & Personnel Committee Members (Councilmember Bloom and Peterson) and take Council comments to allow Councilmember Bloom and Executive Council Assistant Spellman to prepare a draft for Council consideration. Councilmember Bloom explained the committee was directed to prepare a separate Code of Conduct and a Code of Ethics. When the Council last discussed this, it was suggested the committee use the Kirkland Code of Conduct and the Snohomish County Code of Conduct. She also found a section in the Bellevue Code of Ethics related to conduct. The committee reviewed the three and identified language for a Code of Conduct. A portion of the Kirkland Code of Conduct relates to conduct in a Council -City Manager form of government. The committee did not discuss that and she suggested the Council discuss whether to eliminate it. With regard to the Kirkland Code of Conduct, Councilmember Bloom explained Councilmember Peterson and she agreed to bring forward the Kirkland Code of Conduct, with the exception of the language related to Council -City Manager form of government, for the purpose of developing a draft Code of Conduct. She advised the title would need to be changed to "A Code of Conduct for City Council, Mayor and Boards and Commissions." Council President Petso asked whether Councilmembers Peterson and Bloom agreed on the items in the Kirkland Code of Conduct with the exception of the language regarding Council -City Manager form of government. Councilmember Bloom answered yes and suggested the following statements from the section related to the Council -City Manager be included: "We will not knowingly blindside one another in public and will contact staff prior to a meeting with any questions or issues." With regard to the Snohomish County Code of Conduct, Councilmember Bloom said it was primarily related to Boards and Commissions. Councilmember Peterson and she found the following paragraphs relevant: Edmonds City Council Approved Minutes September 17, 2013 Page 12 Packet Page 131 of 400 1. Board members are expected to be respectful at all times. Councilmembers had no objection to the proposed language. 2. Any Board member who is disrespectful, disruptive, divisive or dominating time in a meeting will be asked, by staff or the Board Chair, to cease and desist such behavior. Repeated behavior of this type can result in the recommended removal of the board member from the Board to the County Executive and County Council with a super majority vote of the Board. Council President Petso explained although she supported the ability for staff or the chair to prevent domination by one member, she did not like the removal portion for a volunteer commission or board. Councilmember Bloom answered Councilmember Peterson and she also discussed including the last sentence of the Snohomish County Code of Conduct, "In the event that a board members is unable to abide by the "Expectations and Code of Conduct" policies the Board, with a super majority vote, can recommend removal of the board member to the county Executive, for action by the County Council." Council President Petso said she would also object to that language. Councilmember Bloom suggested retaining that language in the draft due to Councilmember Peterson's interest in the ability to remove board members. That was acceptable to Councilmembers. 9. Board members will strive to appreciate and respect differences in approach and point of view, whether from each other, the community or staff. Councilmembers had no objection to the proposed language. 10. The Board Chair will ensure that all members have a fair, balanced and respectful opportunity to share their knowledge and perspectives. Councilmembers had no objection to the proposed language. 4. No Board member shall give anyone the impression they are representing the Board without express written permission authorized by a simple majority vote of the Board. Councilmember Bloom advised Councilmember Peterson and she agreed to retain "No Board member shall give anyone the impression they are representing the Board." There is also language in the Bellevue Code of Ethics that addresses this. Councilmembers had no objection to the proposed language. With regard to the Bellevue Code of Ethics, Councilmember Bloom referred to language in paragraphs B1-6, page 5, that appears to be more conduct related than ethics related. Paragraphs relate to personal integrity, working for the common good, respect for process, commitment to transparency, conduct of public meetings, decisions based on merit. She relayed Councilmember Peterson and she agreed these could be included in the Code of Conduct. Council President Petso advised that decision was apparent from the committee minutes; she had not had an opportunity to review that language. She recalled not being supportive of the Bellevue Code of Ethics. Councilmember Bloom relayed paragraph 7 regarding ex parte communications could be included in a Code of Ethics, paragraph 8 regarding attendance could be eliminated, and paragraph 9 regarding nepotism could be discussed further as part of a Code of Ethics. Councilmember Peterson and she considered including a portion of paragraph 10 regarding advocacy and suggested it be discussed further. Councilmember Buckshnis supported Hearing Examiner Phil Olbrechts' suggestion for a rotating team of hearing examiners or ethics officers to consider ethics violations. Councilmember Bloom responded that would be addressed in a Code of Ethics. Mayor Earling referred to City of Edmonds Chapter 10, Employee Responsibilities Code of Ethics, that was included in the packet. He expressed concern there may be union related issues with regard to a Code of Ethics. Councilmember Bloom responded the proposed Code of Conduct and Code of Ethics would be for elected officials and members of boards and commissions. Mayor Earling relayed if the Council was Edmonds City Council Approved Minutes September 17, 2013 Page 13 Packet Page 132 of 400 interested in a Code of Ethics for staff in the future, a) there already is one, and b) there is potential for significant union issues. With regard to a Code of Ethics, Councilmember Bloom suggested using the Bellevue Code of Ethics as a template with the exception of the language that was proposed to be included in the Code of Conduct. She also suggested adding #4 from Bainbridge Island's ethics requirements for boards and commissions, Conduct of Public Meetings, regarding disclosure of potential conflict of interest at the beginning of each meeting. Councilmember Bloom relayed Councilmember Peterson and she had discussed using an ethics officer rather than the hearing examiner. Councilmember Buckshnis asked whether the ethics officer was an attorney. Councilmember Bloom responded the ethics officer would be an attorney on contract that would work on an as needed basis. Parks & Recreation/Human Resources Reporting Director Carrie Hite explained that is a model used by several cities; no charges are incurred if there are no ethics violations. Council President Petso said she has numerous concerns with the Bellevue Ethics Policy and was not interested in using it as a template. For example, there was language that would have prevented her serving as a Councilmember while her son-in-law served on the Sister City Commission. She did not want a Code of Ethics that made that an issue. She would likely not support a Code of Ethics based on Bellevue's. Councilmember Bloom advised paragraph 9 in the Bellevue Code of Ethics related to nepotism was retained for further discussion due to concerns. Council President Petso responded she was only providing that as an example of her concerns, she had many others. Councilmember Buckshnis preferred Bainbridge Island's ethics requirements. She did not support having a citizen ethics board and preferred an attorney or hearing examiner. Councilmember Bloom advised Bainbridge Island's ethics requirements are much broader. Councilmember Johnson suggested a Code of Ethics be created in a streamlined fashion to avoid frivolous or unsubstantiated claims. She also supported limited time to file a claim and found two years to file a claim extensive. She requested an estimate of the costs associated with an ethics officer. She preferred to deal with major issues and not minor infractions. 12. DISCUSSION: EDMONDS CITY CODE CHAPTER 2.10 REVISIONS Councilmember Bloom explained the current code, which requires the Mayor to present three candidates for Council to interview for director positions, has not always been followed. She suggested City Attorney Jeff Taraday review the proposed changes. Mr. Taraday explained he initially created a draft to promote discussion, not necessarily advocating for a particular outcome. More recently by reviewing committee minutes and attending a committee meeting, he was able to glean areas of committee agreement and disagreement. The draft now contains bracketed words where alternatives are proposed due to disagreement between committee members. In addition, after getting some big picture direction from the committee, he drafted some language that he believed was consistent with their direction but he was uncertain the committee had adequate time to review the revisions before they were included in the Council packet. He highlighted the areas of disagreement between committee members that relate to the interview requirement: Currently the code requires the Council interview the top two candidates. There is no language in the code about the ability for the Council to waive that requirement; in practice the Council has waived that requirement on a number of occasions. Section 2.10.010.D: The mayor shall appoint, subject to council confirmation, the depar-tmen Edmonds City Council Approved Minutes September 17, 2013 Page 14 Packet Page 133 of 400 AM-6375 7 • City Council Meeting and Committee Meetings Meeting Date: 12/10/2013 Time: 15 Minutes Submitted For: Councilmembers Bloom and Peterson Submitted By. Jana Spellman Department: City Council Committee: Tyne: Action Information Subject Title Discussion and potential action on resolution adopting policy regarding Councilmember participation by speaker phone or other technology. Recommendation Previous Council Action September 10, 2013 PS/P Committee Meeting: This item was discussed (minutes attached). October 8.2013 PS/P Committee Meetine: The PS/P Committee took the following action: D. Discussion regarding Council attendance via speaker phone. The committee decided to use the Spokane policy as a framework and to discuss in full Council the following: (1) Definition of extraordinary circumstances such as: travel complications Medical/family emergencies. (2) Whether or not we should allow call ins to items associated with public hearings. (3) Confirm call in to quasi-judicial hearings not allowed. Action: Forward for full Council discussion to finalize policy. 11/4/2013 Council Meetine: Due to lack of time, this item was sent back to the Public Safety/Personal Committee for further discussion. 11/12/2013 Public Safety Personnel Committee (minutes' exceUII E. Discussion regarding Council attendance via speaker phone: One remaining question was whether a Councilmember must call in for the full meeting including audience comment. Action: Move to full Council. December 3.2013 Council Meeting: Due to the lateness of the hour, this meeting was moved to the December 10, 2013 full Council Meeting. Narrative Packet Page 134 of 400 In the opinion of MRSC, a council member participating by phone or other technology shall be able to hear and be heard. Other items among the various policies include: 1. A limit of two times per year per council member 2. Allow if needed for a quorum 3. Allow if an issue of high importance to the council member 4. Allow if an issue for which it is important to have all councilmembers participate 5. Limit to one item, and don't allow an entire meeting 6. Provide advance notice 7. Only under extraordinary circumstance 8. Only with permission of the entire Council (majority?) 9. Not for matters set for public hearings or quasi judicial 10. Permission from Council President 11. Review all applicable material 12. Participate in all related aspects of the meeting This item is now before the full Council for discussion and potential action. Attachments Attach 1: Spokane City Council Rules_03-04-2013 Attach 2: 09-10-13 Public Safety and Personnel Committee Minutes Attach 3: 12-4-13-Speaker phone participation Resolution Draft 4 Inbox Reviewed By City Clerk Scott Passey Mayor Dave Earling Finalize for Agenda Scott Passey Form Started By: Jana Spellman Final Approval Date: 12/05/2013 Form Review Date 12/04/2013 11:35 AM 12/05/2013 09:36 AM 12/05/2013 09:42 AM Started On: 12/04/2013 10:09 AM Packet Page 135 of 400 cases of voice vote, it shall be sufficient for the Chair to announce, and the record to reflect, whether the motion carried or failed. Regardless of method of voting, each council member shall have the right, before the next matter is considered, to explain the reasons for his or her vote and such a request shall be regarded as a matter of privilege. 5.5.7 A Councilperson may only abstain from voting when he or she has a direct personal or pecuniary interest not common to other members of the Council, which is fully expressed to all other members of the Council during the Council meeting. Rule 5.6 SUSPENSION OF RULES These rules may be temporarily suspended for a particular matter by five votes. Rule 5.7 RECONSIDERATION A council member may move reconsideration of an item voted on during an administrative session at that day's legislative session or at the next briefing session. All legislative decisions of the City Council regarding ordinances, resolutions and hearing items are final. When permissible, a council member may re -submit a subsequent ordinance or resolution to repeal or modify a prior city council action. Rule 5.8 PARTICIPATION BY TELEPHONIC COMMUNICATION A Councilperson may participate telephonically in all or part of a Council Meeting if: 1. prior approval is given by the Council President for good cause, whose approval shall not be unreasonably withheld, 2. all persons participating in the meeting are able to hear each other at the same time, such as by the use of speaker phone and 3. the Councilperson participating telephonically shall have reviewed all of the applicable material and participated in the relevant portion of the Council Meeting related to the topic to which the Councilperson is voting on. Any technical prohibitions or difficulties that prevent all parties present at the Council Meeting from adequately communicating with one another will negate any authorization previously given by the Council President. RULE 6 — ADJUDICATIVE APPEALS AND HEARINGS Adjudicative hearings are quasi-judicial hearings involving named parties. Testimony during adjudicative hearings is limited to the parties involved in the hearing. Public testimony is not accepted in adjudicative hearings. Where procedures for appeals and hearings have been established by ordinance, the Council shall follow those Packet Page 136 of 400 end: "In the event that a Board member is unable to abide by the Code of Conduct policies, the Board, with a super majority vote, can recommend removal of the board member to the CO Rty F=XeG tiVe Mayor, for action by the City Council." With regard to the Bellevue Code: • Retain numbers 1, 2, 3, 4, 5, 6 and 10 (eliminating 7, 8, 9 and 11). With regard to the Kirkland Code of Conduct: • It was agreed to also retain the first two paragraphs with the following change: remove the first sentence that states "The Code of Conduct is supplemental to the Kirkland Municipal Code and the Code of Ethics." B. Consideration of Council Comments Regarding Code of Ethics. Councilmember Bloom recalled comments previously received from Councilmembers related to disclosure of financial information. Councilmembers did not want board and commission members to have to disclose financial information. Councilmember Bloom also recalled that Councilmember Johnson did not want the policy to go "backwards." Councilmember Peterson stated that he would not want an Ethics Policy to affect previous Councilmembers who did not have an opportunity to vote on it. He would not want it to be retroactive. Councilmember Bloom referred to the Bellevue Code of Ethics under 1.E. where it states the complaint must be filed within two years of the date of the occurrence or occurrences alleged to constitute a violation of the Code of Ethics. Councilmember Peterson stated he reads this to mean moving forward; not retroactive. It was agreed by Councilmembers to ask the City Attorney to look at this. Councilmembers next discussed the complaint procedure. It was noted that Bellevue has an Ethics Officer and Kirkland uses a Hearing Examiner. Councilmember Peterson commented that he likes the idea of having an Ethics Officer, noting the Hearing Examiner deals mostly with land use issues. Councilmember Bloom commented that given the issues related to staff availability and Hearing Examiner availability, she believes the Code should be modeled after Bellevue (versus Kirkland). Councilmember Peterson agreed. Councilmembers agreed to use the Bellevue Code of Ethics (eliminate Section B that begins on page 5 — except for number 9. Number 9 deals with "Nepotism" and the committee would like this included in the Code of Ethics.) C. Discussion regarding Council attendance via speaker phone. Councilmember Peterson stated that in reviewing the sample procedures included in the packet, he thought the procedures from Spokane was the simplest and gives some latitude to the Council President and the council member who would be calling in. The other procedures seemed to be more detailed and included limiting the participation by phone to only one item. Public Safety & Personnel Committee September 10, 2013 Page 2 of 4 Packet Page 137 of 400 Councilmember Bloom expressed concern with limiting participation to one item noting that the Councilmember who is calling in needs to be able to hear such things as "Audience Comments" that may include comments that would be important to hear for the topic of interest. Councilmember Peterson agreed that the meeting should be attended as a whole, but pointed out in reality it may not be possible. Councilmember Peterson suggested under "Code of Conduct" to add "attendance for entire meetings; expected to show up on time and be available for the entire meeting." Councilmember Bloom commented that she prefers the Bothell policy. Councilmember Peterson agreed except recommended removing the limit to one agenda item. It was the recommendation of the Councilmembers to adopt the Bothell policy with the major change of not limiting to one agenda item and change the language that refers to City Manager form of government. Councilmember Bloom noted that the Bothell policy refers to "rare occasion." She suggested this be defined and would like it to be limited as much as possible. She suggested putting a cap on how many times it can happen. Councilmembers recommended converting the Bothell policy to an Edmonds policy; consider what "rare occasion" means to see if it would be desired to limit how many times someone can call in; if there is a public hearing associated, being able to listen to the entire public hearing is mandatory. D. Public Comments Ken Reidy, Edmonds, commented that he believes it is important that City Council members hear public comment before a vote is taken. He wanted to thank the committee for looking at the Code of Ethics and Code of Conduct issues. As a citizen, he believes these issues need to be looked at more broadly than only boards, commissions and council. He believes it should apply to staff, Mayor and City Attorney. He has a hard time seeing how the Mayor can enforce a Code of Conduct because of his relationship with the staff. Mr. Reidy provided examples of why a Code of Conduct and Code of Ethics is important. He referred to an email from the City Attorney replying to an email from Jeannie McConnell telling her that there is no rush to respond to Mr. Reidy's request in the email. He read an email that was sent by Mayor Haakenson to Michael Plunkett dated October 29, 2009. The email was sent from a private email account by Gary Haakenson. A summary of the email includes: The email states that the Hearing Examiner was set to hear the Reidy/Thuesen case on November 4. The email references an executive session that was scheduled related to the case and also states a full discussion agenda item was scheduled by DJ to talk about the Reidy/Thuesen issue. The email includes the statements "If he persists and puts it on the agenda, you may want to rally three other votes to remove it from the agenda on Tuesday night if you think its wise. Just trying to keep you in the loop as to what he is doing. Why he is doing it is beyond me but if he's working with Reidy .... it must be to get at you somehow." Public Safety & Personnel Committee September 10, 2013 Page 3 of 4 Packet Page 138 of 400 RESOLUTION # A RESOLUTION OF THE EDMONDS CITY COUNCIL IMPLEMENTING A POLICY REGARDING COUNCILMEMBER PARTICIPATION BY SPEAKER PHONE OR OTHER TECHNOLOGY WHEREAS, the Edmonds City Council is seeking to implement a policy whereby Councilmembers can participate in a Council Meeting via speaker phone or other technology. NOW THEREFORE, BE IT RESOLVED, that a Councilmember may participate by speaker phone or other technology in all or part of a Council meeting if; 1. prior approval is given by the Council President for good cause, whose approval shall not be unreasonably withheld, 2. all persons participating in the meeting are able to hear each other at the same time, such as by the use of speaker phone or other technology; and 3. Councilmember must call in for the full meeting including audience comment; and 4. the Councilperson participating by speaker phone shall have reviewed all of the applicable material and participated in the relevant portion of the Council Meeting related to the topic to which the Councilperson is voting on. Any technical prohibitions or difficulties that prevent all parties present at the Council Meeting from adequately communicating with one another will negate any authorization previously given by the Council President. This resolution shall take effect immediately upon its adoption. Adopted this of , 2013. 4V DAVID O. EARLING, MAYOR ATTEST/AUTHENTICATED: CITY CLERK, SCOTT PASSEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO: Packet Page 139 of 400 AM-6389 City Council Meeting and Committee Meetings Meeting Date: 12/10/2013 Time: 5 Minutes Submitted For: Roger Neumaier Department: Finance Committee: Finance Subject Title 2014 Hourly Wage Scale Recommendation For information only. No action necessary. Previous Council Action Submitted By: Roger Neumaier Tyne: Information Information 10. A. Narrative The state minimum wage will go up by 1.4% to $9.32 as of 1/1/14. This is the same increase as the City's 2014 COLA. As a result, the 2014 hourly wage chart is adjusted by 1.4%. This information is shared for Council information. Attachments City Hourly Postions 2014 Hourly Wag Form Review Inbox Reviewed By City Clerk Scott Passey Mayor Dave Earling Finalize for Agenda Scott Passey Form Started By: Roger Neumaier Final Approval Date: 12/05/2013 Date 12/05/2013 12:57 PM 12/05/2013 01:48 PM 12/05/2013 02:44 PM Started On: 12/05/2013 11:22 AM Packet Page 140 of 400 2010 HOURLY POSITIONS BY PAY GRADE AND TITLE GRADE TITLE DEPARTMENT HO1 Summer Preschool Assistant Recreation Gymnastics Assistant Recreation Day Camp Assistant Leader Recreation H02 H03 Clerical Assistant General Clerk Typist General Lifeguard I (steps 1-3) Recreation Lifeguard II (steps 3-5) Recreation Pool Office Staff Recreation H04 Mechanics Helper PW File Clerk General Day Camp Leader Recreation Senior Leader (steps 3-5) Recreation Recreation Aide Recreation Swim Instructor Recreation Assistant Swim Coach Recreation H05 Front Desk Receptionist General Gymnastics Instructor 1 Recreation Preschool Assistant Recreation Senior Guard Recreation H06 Seasonal Laborer Parks Beautification Program Worker Parks Water/Sewer Laborer PW Street/Stormwater Seasonal Laborer PW H07 Clerk General Ranger/Naturalist Recreation Crime Prevention Officer Assistant Police Crime Prevention Volunteer Coordinator Police A uatic Lead Recreation Dive Coach Recreation Swim Team Coach Recreation H08 Junior Counselor Advisor Recreation Gymnastics Instructor II Recreation H09 Intern General H10 Summer Preschool Supervisor Recreation Assistant Pool Manager Recreation Hll Secretary General Gymnastics Coach Recreation Bailiff Court Pool Manager Recreation Tennis Instructor* Recreation WWTP Laborer WWTP H12 Day Camp Supervisor Recreation H13 Gymnastics Supervisor Recreation H14 Special Commission/Security Police HPO Police Reserve ($12.00) Police H21 Pro Tern Judges Municipal Court Packet Page 141 of 400 2014 HOURLY EMPLOYEE WAGE SCHEDULE 5.0% Step Increases - Minimum Wage Increase 1.4% increase over 2013 per Department of L&I GRADE 1st YEAR 2nd YEAR 3rd YEAR 4th YEAR 5th YEAR STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 H1 $9.32 $9.79 $10.28 $10.79 $11.33 H2 $9.84 $10.33 $10.85 $11.39 $11.96 H3 $10.33 $10.84 $11.38 $11.95 $12.55 H4 $11.10 $11.66 $12.24 $12.85 $13.49 H5 $11.85 $12.44 $13.07 $13.72 $14.41 H6 $12.62 $13.25 $13.91 $14.60 $15.33 H7 $13.40 $14.07 $14.78 $15.51 $16.29 H8 $13.90 $14.59 $15.32 $16.09 $16.89 H9 $14.93 $15.67 $16.46 $17.28 $18.14 H10 $15.70 $16.49 $17.31 $18.18 $19.09 1-1111 $16.62 $17.45 $18.32 $19.24 $20.20 H 12 $19.19 $20.15 $21.16 $22.22 $23.33 H 13 $22.07 $23.18 $24.34 $25.55 $26.83 H 14 $24.28 $25.50 $26.77 $28.11 $29.51 H15 $26.71 $28.05 $29.45 $30.92 $32.47 H16 $29.38 $30.85 $32.39 $34.01 $35.71 H17 $32.32 $33.93 $35.63 $37.41 $39.28 H18 $35.55 $37.33 $39.19 $41.15 $43.21 H19 $39.11 $41.06 $43.11 $45.27 $47.53 H2O $43.02 $45.17 $47.43 $49.80 $52.29 STEP ADVANCEMENT: Hourly employees are eligible for step advancement following each completed year of service or return to the same seasonal position the employee occupied the previous year based on performance. Advancement cannot go beyond step 5 of the pay grade. Packet Page 142 of 400 AM-6373 City Council Meeting and Committee Meetings Meeting Date: 12/10/2013 Time: 10 Minutes Submitted By: Al Compaan Department: Police Department Committee: Finance Subject Title Municipal Employees' Benefit Trust Plan Restatement Recommendation Approve for Consent Agenda Previous Council Action Narrative Type: Information Action 10. B. The Municipal Employees' Benefit Trust (MEBT) is the city of Edmonds' in -lieu of Social Security retirement plan. Edmonds has been a member of MEBT since 1977. Mandatory Employer and Employee contributions to the plan mirror those of Social Security, with contributions placed into a co -mingled Trust along with similar contributions from the cities of Bellevue, Kirkland, Redmond, Federal Way, Woodinville, Mill Creek, and NORCOM. Each of the eight MEBT participating entities must maintain its own MEBT plan document, and each entity has its own MEBT Plan Committee that has a fiduciary responsibility to manage the plan document in a legal and ethical manner. Legal advice to the Trust and to each of the participating entities is provided by MEBT legal counsel. Expenses attributable to operation of the plan are paid for out of EE and ER contributions to the plan. As a tax -qualified retirement plan under the Internal Revenue Code (IRC), the Internal Revenue Service (IRS) requires the plan document to be restated or updated from time to time to reflect changes to the IRC. The most recent restatement of the Edmonds plan document had an effective date of January 1, 2008. The restatement that is needed now will have a retroactive effective date of January 1, 2013. The restatement is required at this time in order to maintain tax -qualified status of the plan. Once Edmonds City Council approves the restated plan document, it will be forwarded to the retirement plan compliance office at the IRS for their review and determination of approval. Submission must occur no later than January 31, 2014. A red -line copy of Edmonds' MEBT plan document is included with this agenda memo. The Edmonds MEBT Plan Committee has approved the red -lined changes, as has MEBT legal counsel. With the exception of the few yellow -shaded provisions in the red -line draft version, all of the red -line changes are required in order to maintain tax qualified status of the plan. The yellow -shaded provisions are consistent with IRC required changes, and have been reviewed and approved by the MEBT Plan Committee in collaboration with, or recommendation by, MEBT legal counsel. Submitted by: Al Compaan, MEBT Plan Committee Chair MEBT Plan Doc Restatement Draft 1-1-2013 Inbox Reviewed By City Clerk Scott Passey Mayor Dave Earling Finalize for Agenda Scott Passey Form Started By: Al Compaan Attachments Form Review Date 12/04/2013 08:13 AM 12/05/2013 09:35 AM 12/05/2013 09:42 AM Started On: 12/03/2013 01:54 PM Packet Page 143 of 400 Final Approval Date: 12/05/2013 Packet Page 144 of 400 CITY OF EDMONDS EMPLOYEES' BENEFIT PLAN AMENDED AGREEMENT ADOPTED EFFECTIVE JANUARY 1, 200-92013 H:\40032\001\PLN\edmonds restatement ppa 2012 (redline with shading) 11-21-13.docu.\ 400321nn, \i3hi\,.a..., ndS _,.,....«,.w.efA i..... 2n, 2 (Fe 1z deel4.Unn27\nM\DT NI,ed..., ndS _,.stat,... ent nn n 2012 (fealit.,.) n, dee Packet Page 145 of 400 TABLE OF CONTENTS Page PREFACE.......................................................................................................................... vivivi ARTICLE 1 NAME OF PLAN..................................................................................... 1- H ii i 1.1 Name of Plan.......................................................................................... 1-11 11 1 1.2 Effective Date........................................................................................ 1-11 11 1 1.3 Exclusive Benefit................................................................................... 1-11 11-1 ARTICLE 2 DEFINITIONS.......................................................................................... 2-12 i 2-i 2.1 Active Participant................................................................................... 2-12-12-1 2.2 Actual Retirement.................................................................................. 2-12-12-1 2.3 Administrator or Plan Administrator..................................................... 2-12-12-1 2.4 Agent for the Service of Legal Process .................................................. 2-1212-1 2.5 Beneficiary............................................................................................. 2-12-12-1 2.6 Compensation........................................................................................ 2-12-12-1 2.7 Dependent Child.................................................................................... 2-52-52-6 2.8 Disability................................................................................................2-52-52-6 2.9 Disabled Participant............................................................................... 2-62-62-6 2.10 Eligible Employee.................................................................................. 2-62-62 6 2.11 Employee............................................................................................... 2-62 -62 6 2.12 Employer................................................................................................2-62-62 6 2.13 Employment........................................................................................... 2-62 -62-6 2.14 Highly Compensated Employee............................................................. 2-62-62-6 2.15 Hourly Employee................................................................................... 2-72-72-7 2.16 Inactive Participant................................................................................ 2-72-72-7 2.17 Interchangeable Word Usage................................................................. 2-72-72-7 2.18 Layoff.....................................................................................................2-72-72-7 2.19 Leased Employees.................................................................................. 2-82-82-9 2.20 Leave of Absence................................................................................... 2-82-82-9 2.21 Maximum Compensation....................................................................... 2-82-82-9 2.22 Normal Retirement Date........................................................................ 2-92-92-9 2.23 Participant.............................................................................................. 2-92-92-9 2.24 Plan........................................................................................................ 2-92-92-9 2.25 Plan Committee...................................................................................... 2-92-92-9 2.26 Plan Year................................................................................................ 2-92-92-9 2.27 Spouse.................................................................................................... 2-92-92-9 2.28 Trust....................................................................................................... 2-92-92-9 2.29 Trust Committee.............................................................................. 2-102-102-10 2.30 Trustee..............................................................................................2-102-IO2-10 2.31 Valuation Date................................................................................. 2-102-102-10 H:A40032\00ITMedmonds restatement ppa 2012 (redline with shading)11-21-13.docl: 40032.`00" k-`,ed ands restatement i3i3 2Ol2 (_edi;...) „ 19 Packet Page 146 of 400 ARTICLE 3 ELIGIBILITY............................................................................................ 3-13-i 3 i 3.1 Eligible Employees................................................................................ 3-13-13-1 3.2 Mandatory Participation......................................................................... 3-13-13-1 3.3 Hourly Employees Mandatory Participation..................................................... 3-2 3.4 Designation of Beneficiary............................................................................... 3-2 3.5 Personal Data to Plan Committee.......................................................... 3-53-53-5 3.6 Address for Notification........................................................................ 3-63-63-5 ARTICLE 4 CONTRIBUTIONS................................................................................... 4-14-14-1 4.1 Participant Contributions....................................................................... 4-14-14-1 4.2 Mandatory Contributions by Hourly Employees ................................... 4-14-14-1 4.3 Extra Employee Contributions..........................................................................4-2 4.4 Matching Employer Contributions....................................................................4-2 4.5 Section 312 1 (b)(7)(F) Minimum Allocation For Hourly Employees .... 4-34-34-3 4.6 Cessation of Eligibility........................................................................... 4-44-44-4 4.7 USERRA Contributions......................................................................... 4-44-44-4 4.8 Limitations On Allocations To Participants' Accounts .......................... 4-74-74-7 4.9 Definitions ARTICLE 4 4-124 124 12 ARTICLE 5 VALUATION AND ALLOCATION OF THE TRUST FUND ............... 5-15 15-1 5.1 Valuation of the Trust Fund................................................................... 5-15-15-1 5.2 Participant's Accounts............................................................................ 5-15-15-1 5.3 Allocation and Adjustment of Participants' Accounts ...................................... 5-2 ARTICLE 6 WITHDRAWALS FROM A PARTICIPANT'S ACCOUNT .................. 6-16-16 1 6.1 Hardship Withdrawal............................................................................. 6-16 16 1 6.2 Financial Hardship................................................................................ 6-16 16 1- 6.3 Withdrawal of Extra Employee Contributions ....................................... 6-56 56 4 6.4 Effect of Withdrawals............................................................................ 6-56 56 5 6.5 Withdrawal of a Participants Rollover Accounts ................................... 6-56 56 5 ARTICLE 7 TIME AND METHOD OF PAYMENT OF BENEFITS ......................... 7-17-i 7 i 7.1 Time of Distribution.............................................................................. 7-17-17 1 7.2 Forms of Benefit.................................................................................... 7-57- 7 5 7.3 Notice and Consent................................................................................ 7-67-67 6 7.4 Amount of Benefit................................................................................. 7-77-77-7 7.5 Distribution Options for Rehired Participant ......................................... 7-77-77 7 ARTICLE 8 MINIMUM DISTRIBUTION RULES ..................................................... 8-15-18-1- 8.1 Maximum Time of Distribution............................................................. 8-18 19 1- 8.2 Minimum Distribution Requirements.................................................... 8-18 18-1- ARTICLE 9 DISABILITY -PENSION CONTINUATION BENEFITS ........................ 9-19 i9 i 9.1 Deferral of Benefits in the Event of Disability ...................................... 9-19-i9 i 9.2 Supplemental Disability Benefits........................................................... 9-19-19 1- H:\40032\001\PLN\edmonds restatement ppa 2012 (redEne with s a It 1-1 oc Packet Page 147 of 400 9.3 Payment at Normal Retirement Date................................................................ 9-2 9.4 Payment on Earlier Distribution............................................................ 9-39- 9 3 ARTICLE 10 [RESERVED]..................................................................................... 10-110 110 1 ARTICLE 11 VESTING AND FORFEITURES....................................................... 11-1 i i i i i i 11.1 Vesting Schedule............................................................................. 11-111 !1! 1 11.2 Months of Participation.................................................................... 11-111 !1! ! T 11.3 Disposition of Forfeitures............................................................................... 11-2 11.4 Rehire..............................................................................................................11-2 11.5 Restoration of Forfeited Account.................................................................... 11-2 11.6 Unclaimed Account Procedure........................................................ 11-311 311 ARTICLE 12 ADMINISTRATION.......................................................................... 12-1' 2 i i 2 T 12.1 Plan Committee................................................................................ 12-11''�T 12.2 Officers and Duties.........................................................................................12-2 12.3 Decision -Making Procedure...........................................................................12-2 12.4 Limits of Liability............................................................................ 12-312 312 3 12.5 Powers of Committee....................................................................... 12-312 312-3 12.6 Transmittal of Information............................................................... 12-412 412-4 12.7 Expenses of Administration............................................................. 12-412 412-4 12.8 Plan Documentation......................................................................... 12-61''�0 ARTICLE 13 AMENDMENT, TERMINATION AND DISCONTINUANCE OF CONTRIBUTIONS.......................................................... 13-113 113-T 13.1 Right of the Employer...................................................................... 13-113 1 13✓-1 13.2 Amendments to Qualify Plan........................................................... 13-113 113 1 ARTICLE 14 MISCELLANEOUS PROVISIONS ................................................... 14-114 114-1 14.1 Employee Rights.............................................................................. 14-114 114-1 14.2 No Alienation................................................................................... 14-114 114-1 14.3 Distributions Under Domestic Relations Orders ............................. 14-214 214-1 14.4 Payments to Alternate Persons; Distribution of Small Accounts .... 14-314 314 3 14.5 Mergers and Consolidations............................................................ 14-41 ^�-4T4-4 14.6 Headings and Subheadings.............................................................. 14-41 ^�-4T4-4 14.7 Counterparts..................................................................................... 14-41 ^�-4T4-4 14.8 Construction..................................................................................... 14-41 ^�-4T4-4 14.9 Direct Transfers................................................................................ 14-514 514 5 ARTICLE 15 BENEFIT APPLICATION AND REVIEW PROCEDURE .............. 15-1' cii5 i 15.1 Benefit Application.......................................................................... 15-11r5 115-1 15.2 Benefit Denials................................................................................. 15-11r5 115-1 ARTICLE 16 ROLLOVER DISTRIBUTION........................................................... 16-11ti116 1 16.1 Participant Rollover Contributions.................................................. 16-11ti116 1 H:A40032\00ITMedmonds restatement ppa 2012 (redline with shading l,21-13.docl: 40032 001 P'- e�'ma e �'�2�cdlifie) l 119 13 deel4:1nnna2�i1nrr. edfa, idsres«�z. nnn--i-.-,.a r;..,�n �-r----- Packet Page 148 of 400 16.2 Direct Rollovers..............................................................................................16-2 ARTICLE 17 PROVISIONS RELATING TO INSURANCE AND INSURANCE COMPANY............................................................................... 17-11 ''z W 7 i 17.1 Insurance Benefit............................................................................. 17-117 1171 17.2 Limitation on Life Insurance Protection.........................................................17-2 17.3 Definitions........................................................................................ 17-317-3 7 3 17.4 Dividend Plan................................................................................... 17-317-3I7 3 17.5 Insurance Company Not a Parry to Agreement ................................ 17-417 417-4 17.6 Insurance Company Not Responsible for Trustee's Actions ............ 17-417 417-4 17.7 Insurance Company Reliance on Trustee's Signature ...................... 17-417 417-4 17.8 Acquittance 17-417 417-4 17.9 Duties of Insurance Company 17-417 417-4 ARTICLE 18 CODE SECTION 401(k) AND CODE SECTION 401(m) ARRANGEMENTS..................................................................... 18-11 4z 8 118 1 H:\40032\001\PLN\edmonds restatement ppa2012 redline with shading) 21-13.doc Packet Page 149 of 400 PREFACE THE CITY OF EDMONDS EMPLOYEES' BENEFIT PLAN AMENDED AGREEMENT THIS AMENDED AGREEMENT is made and entered into by and between the City of Edmonds, a municipal corporation of the State of Washington, hereinafter called the Employer, and Wilmington Trust Retirement and Institutional Services Company, hereinafter called the Trustee. WITNESSETH: WHEREAS, the Employer did withdraw from coverage under the Federal Old Age, Survivors, Disability and Health Insurance Act and, in lieu thereof, did create a Benefit Trust Agreement, which was made effective on July 1, 1977, and at all times since that date has been in effect and contained provisions constituting a retirement plan for employees of this Employer; and WHEREAS, the Agreement has been amended so that it now constitutes a Trust and a separate Employees' Benefit Plan; and WHEREAS, the Employer has previously amended the Employee's Benefit Plan; and WHEREAS, the parties now desire to further amend and restate the Employees' Benefit Plan to comply with recent tax law changes mainly provisions of the Pension Protection Act of 2006 (PPA '06), the Heroes Earnings Assistance and Relief Tax Act of 2008 (HEART Act), the Worker, Retiree, and Employer Recovery Act of 2008 (WRERA), the Small Business Jobs Act of 2010 (SBJA), and the Preservation of Access to Care for Medicare Beneficiaries and Pension Relief Act of 2010 (PRA 2010); and NOW, THEREFORE, the parties hereto mutually agree as follows: H:\40032\001\PLN\edmonds restatement ppa 2012 redline with shading)21-13.doc Packet Page 150 of 400 The City of Edmonds Employees' Benefit Plan previously entered into between these parties, as previously amended, is hereby amended and restated in its entirety to read as follows: HA40032\001\PLN\edmonds restatement ppa 2012 (redline with shading�,� t 1-13.docI4A400321h0 i3 ,.a..., ndS _,.,....«,.w.efAi..... 20 2 (..will., 1z U ,. deel4.nn27\nM\DTNI,edtnE)fidS_stat,...entnna 2ni2i..,.ai:..,.�n� �n i 1., Packet Page 151 of 400 ARTICLE 1 NAME OF PLAN 1.1 Name of Plan. This Agreement shall be known as the City of Edmonds Employees' Benefit Plan. 1.2 Effective Date/Profit Sharing Plan. Unless otherwise stated herein, the provi- sions of this Amended Agreement are effective as of January 1, 2-0"2013. The following provisions are effective as stated: New Section 6.6 "Withdrawals of a Participant's Account Prior to Severance of Employment" is effective January 1, 2014. The Employer Contributions to this Plan shall not be dependent on Profits of the Employer; however, this Plan shall specifically be designated as, and operate as, a single profit sharing plan for all purposes under the Internal Revenue Code. 1.3 Exclusive Benefit. This Plan shall at all times be operated for the exclusive benefit of Participants and their Beneficiaries. The Employer has no beneficial interest in and of the Trust and no part of any asset in the Trust may ever revert to or be repaid to an Employ either directly or indirectly; nor, prior to the satisfaction of all liabilities with respect to the Participants and their Beneficiaries under the Plan, may any part of the corpus or income of the Trust Fund, or any asset of the Trust, be (at any time) used for, or diverted to, purposes other than the exclusive benefit of the Participants or their Beneficiaries and for defraying reasonable expenses of administering the Plan. HA40032\001\PLN\edmondsrestatement ppa2012(redlinewith shading4lldoc14A400321h0 i3,.a...,.ndSF,.,....«,.w.efAi.....2012(redli., Packet Page 152 of 400 ARTICLE 2 DEFINITIONS The following words and phrases shall have the meanings indicated, unless the context clearly requires another meaning. 2.1 Active Participant shall mean, as of any time, a Participant who is then making the contributions required under Section 4.1 of this Plan. 2.2 Actual Retirement shall mean termination of a Participant's Employment with the Employer at or after the Participant's Normal Retirement Date as defined in Section 2.22 of this Plan. 2.3 Administrator or Plan Administrator shall mean the Plan Committee, as defined in Section 2.25 of this Plan. Clerk. 2.4 Agent for the Service of Legal Process concerning this Plan shall be the City 2.5 Beneficiary shall mean any person designated as such in Section 3.4 of this Plan to receive benefits after the death of a Participant hereunder. Whenever the rights of Participants are defined herein, their beneficiaries, heirs, executors, and administrators shall be bound thereby. 2.6 Compensation means the Participant's wages, salaries, fees for professional service and other amounts received (without regard to whether or not an amount is paid in cash) for personal services actually rendered in the course of employment with the Employer maintaining the plan to the extent that the amounts are includable in ,gross income (including, but not limited to, commissions paid salesmensalespersons, compensation for services on the basis of a percentage of profits, commissions on insurance premiums, tips, bonuses, fringe benefits and reimbursements or other expense allowances under a non -accountable plan as described in Treas. Reg. § 1.62-2(c)). H:\40032\001\PLN\edmonds restatement p_pa 2012 (redline with shadin4Itl a,.,.13.docu.\400321 01, a, ,.a...,.ndS F,.,....«,.w.efAi..... 2012 (.will., U ..,... 1zdeel4.nn27\nM\DTNI,ed.a,...,.sta4,...ent nnn 2m2ir,.ai:..,a ni Packet Page 153 of 400 Compensation under this Section 2.6 includes Elective Contributions. "Elective Contributions" are amounts excludible from the Employee's gross income under Code §§ 125, 132(f)(4), 402(e)(3), 402(h) 1 B , 403(b), 408(p), or 457(bb,) and contributed by the Employer, at the Employee's election, to a cafeteria plan, a qualified transportation fringe benefit plan, a Code § 401(k) arrangement, a SARSEP, a tax sheltered annuity, a SIMPLE plan or a Code § 457(b) eligible deferred compensation plan. In addition, Compensation includes Employee contributions to any public retirement program under Code § 414(h) that are "picked up" by the Employer and are therefore treated as Employer contributions. Deemed 125 Compensation. Amounts • n er § 125 in^'etny=aflountsDeemed 125 Compensation is an amount that is excludable under Code § 106 that is not available to a Participant in cash in lieu of group health coverage because the Participant is unable to certify that he or she has other health coverage. An amount will be treated as an amount under Code § 125 only if the Employer does not request or collect information regarding the Participants other health coverage as part of the enrollment process for the health plan. Exclusions from Compensation. The term "Compensation" does not include: (a) Employer contributions (other than Elective Contributions, ^mewits de fe ,.oa to ^ § ^ 57(b) P ^„ or § 414(h) pickup contributions) to a plan of deferred compensation (including a simplified employee pension plan under Code § 408(k) or a simple retirement plan under Code § 408(p)) to the extent the contributions are not included in the gross income of the Employee for the taxable year in which contributed, on behalf of an Employee (ineluding aSimplinea extenttteh eon tiens are exeludable fFofnrthe Employee'sgrosrineeme, and any distributions HA40032\001\PLN\edmondsrestatement p_pa2012(redline with shading l�Q1-13.doc14A400321h0 ..,,.a...,...a,._,.,....«,.w.efAi.....2012(Fedli., 1z !1 deel4.\40037\M\DT NI,ed...,...a,...,.sta4,... ent nn n m 22 ir,.ai:..,a n� -- i a,.,. Packet Page 154 of 400 from a plan of deferred compensation (whether or not qualified), regardless of whether such amounts are includable in the gross income of the Employee when distributed; and (b) Other amounts which receive special tax benefits, such as premiums for group term life insurance (but only to the extent that the premiums are not includable in the gross income of the Employee and are not salary reduction amounts that are described in Code § 125)_-,-er (c) Other items of Compensati remuneration that are similar to any of the items listed in subsections (a) and (b), immediately above. (d) Compensation does not include reimbursements or other expense allowances, fringe benefits (cash and noncash), moving expenses, and welfare benefits. Any reference in this Plan to Compensation is a reference to the definition in this Section 2.6, unless the Plan reference spee fies a modife ation modifies this definition. The Plan Committee will take into account only Compensation actually paid during (or as permitted under the Code, paid for) the relevant period. A Compensation payment includes Compensation by the Employer through another person under the common paymaster provisions in Code §§ 3121(s) and 3306(p). (A) Compensation Dollar Limitation. For any Plan Year, the Plan Committee in allocating contributions must take into account only the first $200,000 (or such larger amount as the Commissioner of Internal Revenue may prescribe) of any Participant's Compensation. Notwithstanding the foregoing, an Employee under a 401(k) arrangement may make Salary Reduction Deferrals with respect to Compensation which exceeds the Plan Year Compensation H:\40032\001\PLN\edmondsrestatementppa 2012 (redlinewi shadin4i- 1-1 oc 13deel4.Unn27\nM\DT NI,ed...,...a,...,.sta4,... ent nn n 2m 2 ir,.ai:..,a n� -- Packet Page 155 of 400 limitation, provided such deferrals otherwise satisfy Code § 402(g) and other applicable limitations. (B) Post Severance Compensation. Compensation includes Post -Severance Compensation as described in this Section 2.6(B). Post —Severance Compensation is Compensation paid after a Participant's Severance from Employment from the Employer, as further described in this Section 2.6(B). An., other paid after Severance from Employment that is not described in this Section 2.6(B) is not Compensation even if payment is made within the time period described below. Post -Severance Compensation does not include severance pay, parachute payments under Code § 280G(b)(2) or payments under a nonqualified unfunded deferred compensation plan unless the payments would have been paid at that time without regard to Severance from Employment. (1) Regular pawpayment of regular Compensation for services during the Participant's regular working hours, or Compensation for services outside the Participant's regular working hours (such as overtime or shift differential), commissions, bonuses, or other similar payments, but only if the payment would have been paid to the Participant prior to a severance from employment if the Participant had continued in employment with the Employer and only to the extent the Employer pays such amounts by the later of T/2 months after Severance from Employment or by the end of the Limitation Year that includes the date of such Severance from Employment. (2) Leave cashouts. The payment of leave cashouts, if Compensation would have included those amounts if they were paid prior to the Participant's severance from employment, and the amounts are payment for unused accrued bona fide sick, vacation, or other leave, but only the Participant would have been able to use the leave if employment had continued and only to the extent the Employer pays such amounts by the later of 2'/2 months after Severance from Employment or by the end of the Limitation Year that includes the date of such Severance from Employment. H:\40032\001\PLN\edmondsrestatement ppa2012(redlinewith shadin4lrQ1-13.docI4A400321h0 i3,.a...,.ndSF,.,....«,.w.efAi.....2012(Fedli., 13deel4a40032\nni\nr NI,ed...,ndS_,.stat,.fnefA nna 2m2(red-line), n�-- Packet Page 156 of 400 (C) Differential Wage Payments. For Plan Years beginning after December 31, 2008, the Plan will treat Differential Wage Payments as Compensation for purposes of all Plan contribution and benefit purposes. Differential Wage Payment means differential wage payment as defined by Code § 3401(h)(2). A A, 2.7 Dependent Child shall mean any child of the Participant who is a dependent of the Participant as determined under Internal Revenue Code Section 152 as amended. 2.8 Disability shall have the same meaning as contained in the Long -Term Disability H:\40032\001\PLN\edmondsrestatement ppa2012(redlinewith shading l@1-13.docu.\400321 0 \..,,.a...,...a,._,.,....«,.w.efAi.....2n,2(..edli., 13deel4a40032\nni\nr NI,ed...,ndS_,.stat,.fnef.. nna 20 12(Iredline) 07 29i Packet Page 157 of 400 Insurance maintained by the Employer for the benefit of its employees. The Plan Committee may require a certification from a licensed physician as to any Participant's Disability. 2.9 Disabled Participant shall mean a Participant whose Employment with the Employer has terminated by reason of Disability as defined in Section 2.8 of this Plan. 2.10 Eligible Employee shall mean Employees identified in Section 3.1. 2.11 Employee shall mean any person who is employed by the Employer and any member of the City Council of the Employer. An Employee does not include any person identified by the Employer as an independent contractor or temporary agency employee even if that person is later reclassified as an employee by the Employer, any governmental agency, court of law or other governing body. Any references in the Plan to Employees includes Hourly Employees unless the Plan reference specifies otherwise. 2.12 Employer shall mean the City of Edmonds, Washington, a municipal corporation. 2.13 Employment shall mean the period of time during which an Employee is actually employed by the Employer for Compensation (or by any Employer which is a party to the Municipal Employees' Benefit Trust Agreement which such period immediately precedes service with this Employer), and any period in which the Employee is on a Leave of Absence. 2.14 Highly Compensated Employee- [Reserved] means an Employee who, during the ' • a A 1 H:\40032\001\PLN\edmonds restatement ppa 2012 redline with shadin 1 1-13.doc Packet Page 158 of 400 2.15 Hourly Employee shall mean any person employed by the City and is not an Eligible Employee under Section 3.1 or eligible to participate in the State PERS or LEOFF systems. For purposes of this Plan, such employee is one hired prior to January 1, 2006, and had contributions made to his or her or her account during the fourth quarter of 2005 (October 1, 2005, to December 31, 2005), and has made an affirmative election to continue participation as an Hourly Employee by December 20, 2005. All Hourly Employees, as defined above, will be given a one-time irrevocable election to continue to participate. If they fail to elect or elect not to continue, they will not be Hourly Employees under this Plan. 2.16 Inactive Participant shall mean a Participant who ceases to be eligible to participate under Section 3.1 of this Plan and pursuant to Section 4.6 of this Plan thereby becomes no longer eligible to contribute to the Plan. 2.17 Interchangeable Word Usage. Wherever appropriate, masculine pronouns shall include the feminine and references to singular or plural shall be deemed to include the other. 2.18 Layoff shall mean termination of employment, without prejudice to the Employee "laid off," by reason of a reduction in the work force, or unavailability of funds to compensate such Employee, or elimination of such employment position, or other Employer -determined reason unrelated to the Employee's work performance, conduct, or character. A discharge "for cause" is not included in the term "layoff." H:\40032\001\PLN\edmondsrestatement ppa2012(redlinewith shadin4ld0c14A400321h0 i3,.a...,.ndSF,.,....«,.w.efAi.....2012(Fedli., 13deel4a40032\nni\nr NI,ed...,ndS_,.stat,.fnefA nna 20 12(red-line), 01 __ Packet Page 159 of 400 2.19 Leased Employees. The Plan treats a Leased Employee as an Excluded Employee of the Employer. A Leased Employee is an individual (who otherwise is not an Employee of the Employer) who, pursuant to an4ea4ng agreement between the Employer and any other person the "leasing organization"), has performed services for the Employer (or for the Employer and any persons related to the Employer within the meaning of Code § 144(a)(3)) on a substantially full time basis for at least one year and who performs such services under the primary direction or control of the Employer within the meaning of Code § 414(n)(2). 2.20 Leave of Absence means any: (a) Temporary uncompensated leave of absence for sickness, maternity or extended vacation, not to exceed six (6) months duration provided that persons under similar circumstances shall be treated alike; (b) Any compensated absence; (c) Absence for military service, or significant civilian service for the United States, provided the absent Employee returns to service with the Employer within thirty (30) days of his or her release from such active military duty or service or any longer period during which his or her right to reemployment is protected by law. 2.21 Maximum Compensation for purposes of this Plan shall be 100% of those wages subject to taxation at the respective employee and employer tax rates set forth in Code sections 3101(a) and 3111(a), (the OASDI rate) and 3101(b) and 31 I I (b) (the Hospital Insurance rate), as amended. For example, Maximum Compensation is intended to include both compensation up to the taxable wage base, as determined under Section 230 of the Social Security Act, in effect on the first day of the Plan Year (OASDI wages) and that portion of wages above the OASDI base which is subject only to Hospital Insurance taxes (Hospital Insurance wages). Temporary reductions to the H:\40032\001\PLN\edmonds restatement ppa 2012 redline with shadin 1 1-13.doc Packet Page 160 of 400 Employee and/or Employer tax rates set forth above will not apply unless specifically adopted by the Employer. 2.22 Normal Retirement Date shall mean the earlier of- (1) A Participant's sixty-fifth (65th) birthday; or (2) The earliest service retirement date for such Participant under any other retirement benefit program to which contributions for such Participant are made by the Employer whether benefits are actuarially reduced or not. 2.23 Participant shall mean any person for whom an account is maintained pursuant to Section 5.2 of this Plan. 2.24 Plan shall mean this Employees' Benefit Plan of the Employer as it now exists or hereafter may be amended. 2.25 Plan Committee shall mean the group of individuals appointed as such pursuant to Section 12.1 of this Plan. 2.26 Plan Year shall mean the twelve-month period ending on December 31. 2.27 Spouse shall mean a person married to an Employee immediatelyprior-to the Employee's dea except where it would conflict with Federal Law. The term "speuseSpouse" shall not include a spouse -Spouse who is legally separated from the Employee or a speuseSpouse who is otherwise separated from the Employee for a period of more than twelve (12) consecutive months immediately pr-iel=te the Employee's de-ath. If any benefits under this Plan are provided by an insurance contract, then and in that event, the definition of the term "speuse-Spouse" contained in such insurance contract shall govern and control for such benefits. 2.28 Trust shall mean the Municipal Employees' Benefit Trust, a trust agreement existing H:\40032\001\PLN\edmondsrestatement ppa2012(redlinewith shadin4ldl-13.doc14A400321h0 i3,.a...,.ndSF,.,....«,.w.efAi.....2012(Fedli., Packet Page 161 of 400 between the Employer and the Trustee, to which this Plan is attached and under the provisions of which the contributions to this Plan are administered, as such trust agreement now exists or hereafter may be amended. 2.29 Trust Committee shall mean the Committee appointed and acting under the terms of the Municipal Employees' Benefit Trust. 2.30 Trustee shall mean the person or persons who agree to serve as Trustee of the Trust, or any successor trustee or trustees who accepts in writing the position of Trustee. 2.31 Valuation Date shall mean last day of each Plan Year and such other date or dates as may be designated by the Plan or Trust Committee. H:\40032\001\PLN\edmonds restatement ppa 2012 (redEne with shadin1 b-ZV -1 oc uAnnnzmnnn..W,.a....endS_,.,,...t,......efAi.....2ni2(Fedline ii in 13deel4a40022\nni\nr NI,ed...,ndS_estatef.efA nna 2-n- --- Packet Page 162 of 400 ARTICLE 3 ELIGIBILITY 3.1 Eligible Employees. Each Employee designated below is an Eligible Employee and is eligible to become a participant in this Plan on or after the date on which his or her Employment with the Employer commences, provided that such Employee would have been eligible for coverage under the Federal Old Age, Survivors, Disability and Health Insurance Act had the Employer not withdrawn from such coverage pursuant to 42 U.S.C.A., Section 418(g): (a) Regular full-time or Regular Part -Time employees, as those terms are defined in the Employer's Personnel Manual; (b) members of the City Council of the Employer. All other employee classifications are not eligible to participate. The term Eligible Employees does not include Hourly Employees. However, Hourly Employees participate in the mandatory portion of this Plan under Section 3.3. They are included as "Employees" and participate in those mandatory portions unless the Plan reference specifies otherwise. Employees working less than one thousand (1,000) hours per year are not Eligible Employees for purposes of the benefit described in Plan Section 9.2 (Pension Continuation Benefits). 3.2 Mandatory Participation. Every Eligible Employee shall participate in this Plan. Every Eligible Employee shall notify the Plan Committee in writing, on a form prescribed and supplied by the Plan Committee, of his or her acceptance of the terms and conditions of this Plan and the Trust to which it is attached and of his or her agreement to make contributions as required under Section 4.1 of this Plan. H:\40032\001\PLN\edmondsrestatement ppa2012 redline with shadin 1 1-13.doc Packet Page 163 of 400 3.3 Hourly Employees Mandatory Participation. Every Hourly Employee shall participate in this Plan. The Hourly Employee shall notify the Plan Committee in writing, on a form prescribed and supplied by the Plan Committee, of his or her acceptance of the terms and conditions of this Plan and the Trust to which it is attached and of his or her agreement to make contributions as required under Section 4.2 of this Plan. Participation shall be effective from the later of the date of Employment or July 1, 1991. Employees hired on or after January 1, 2006, that would be classified as Hourly Employees and those hired before who made contributions to his or her account in the fourth quarter of 2005 but failed to elect to continue participation no longer participate in this Plan. 3.4 Designation of Beneficiary. Any Participant may from time to time designate, in writing, any person or persons, contingently or successively, to whom the Trustee will pay his or her benefits (including any life insurance proceeds payable to the Participant's account) in the event of his or her death. The Plan Committee will prescribe the form for the written designation of Beneficiary and, upon the Participant's proper completion and filing of the form with the Plan Committee, the form effectively revokes all Beneficiary Designations filed prior to that date by the same Participant. The Beneficiary Designation of a married Participant is not valid (whether married at the time of the designation or later) unless the Participant's spettseSpouse consents to the Beneficiary Designation. The spousal consent requirement in this paragraph does not apply if the Participant's spouseSpouse is the Participant's sole primary Beneficiary. A married Participant's Beneficiary Designation is not valid unless the Participant's spouse -Spouse has consented in writing, the speuseSpouse's consent acknowledges the effect of the designation, and a Notary Public Nrrotafizesor the Plan Administrator (or his or her representative) witnesses and acknowledges the spetis-eSpouse's consent. H:\40032\001\PLN\edmondsrestatement ppa2012 redline with shadin 1 1-13.doc Packet Page 164 of 400 The Plan Committee will accept as valid a Beneficiary Designation which does not satisfy the spousal consent requirements if the Plan Committee establishes that:Cilthe Participant does not have a spousaSpouse;i ii if —the Plan Committee is not able to locate the Participant's spouses ouse; iii if the Participant is legally separated or has been abandoned (within the meaning of state law) and the Participant has a court order to that effect;i or Civ mother circumstances exist under which the Secretary of the Treasury weuMApplicable law excuses the spousal consent requirements_under applicable Tax Code Fules. If the Participant's spoxseSpouse is legally incompetent to give consent, the spouseSpouse's legal guardian (even if the guardian is the Participant) may give consent. If the Participant fails to designate a Beneficiary in accordance with the above procedures, or if the Beneficiary (and all contingent or successive Beneficiaries) named by Participant predeceases him the Participant, are invalid for any reason, or disclaim the Participant's benefit and the Plan Committee has accepted the disclaimer as valid under applicable law, then the Trustee will pay the Participant's benefit in the following order of priority: (a) The Participant's surviving speuseSpouse Lunless 3.4 A would apply); and if no surviving spouseSpouse to (b) The Participant's suiwiving including adopted children, in equal shares by right of representation (one share for the benefit of each surviving child and one share for each child who predeceases the Participant with living descendants); and if none to (c) The Participant's surviving parents, in equal shares; and if none to (d) The Participant's surviving brothers and sisters, in equal shares; or if none to (e) The Participant's estate. H:\40032\001\PLN\edmondsrestatement ppa2012 redline with shadin M - 1-13.doc Packet Page 165 of 400 (A) Automatic Revocation of Spousal Designation. A divorce decree, a decree of legal separation or dissolution, invalidation or termination of a state registered domestic partnership, revokes a prier —Participant's prior designation, if any, of his or her spouseSpouse, former spoxseSpouse or state registered domestic partner as his or her Beneficiary under the Plan unless the deer-ee, erdef of a QDRO provides otherwise. (B) Death of Beneficiary. If the Beneficiary survives the Participant, but dies prior to distribution of the Participant's entire Vested Account Balance, the Trustee will pay the remaining Vested Account Balance to the Beneficiary's estate unless (i) the Participant's Beneficiary designation provides otherwise, or (ii) the Beneficiary has properly designated a beneficiary. A Beneficiary may designate a beneficiary for the Participant's Account Balance remaining at the Beneficiary's death only if the Participant has not previously designated a successive contingent beneficiary and the Beneficiary's designation otherwise complies with the Plan terms. The Plan Committee will direct the Trustee as to the method and to whom the Trustee will make payment under this Section 3.04. (C) Simultaneous Death of Participant and Beneficiary. If a Participant and his or her Beneficiary should die simultaneously, or under circumstances that render it difficult or impossible to determine who predeceased the other, then unless the Participant's Beneficiary designation otherwise specifies, the Plan Committee will presume conclusively that the Beneficiary predeceased the Participant. (D) Incapacitated Participant or Beneficiary. If, in the opinion of the Plan Committee or the Trustee, a Participant or Beneficiary entitled to a Plan distribution is not able to care for his or her affairs because he or she is a minor child or because of a mental ^^for a physical condition H:\40032\001\PLN\edmondsrestatement ppa2012 redline with shadin 1 1-13.doc Packet Page 166 of 400 by r-easan of age, at the direction of the Plan Committee, the Trustee may make the distribution to the Participant's or Beneficiary's court -appointed guardian, or court -appointed conservator, conservator, trustee, custodian (including under a Uniform Transfers or Gifts to Minors Ago, his or her attorney - in -fact or to another legal representative or person authorized under State law to receive the benefit upon furnishing evidence of such status satisfactory to the Plan Committee and to the Trustee. The Plan Committee and the Trustee do not have any liability with respect to payments so made and neither the Plan Committee nor the Trustee has any duty to make inquiry as to the competence of any person entitled to receive payments under the Plan. Notwithstanding the above, where a trust is named as a Designated Beneficiary, the Advisory Committee and Trustee may distribute Plan benefits in accordance with the Participant's or Beneficiary's Beneficiary designation form although a trust beneficiary may be incapacitated. (E) Inability to Determine Beneficiary. In the event that the Plan Committee is unable to determine the identity of a Participant's Beneficiary under circumstances of competing claims or otherwise, the Plan Committee may file an interpleader action seeking an order of the court as to the determination of the Beneficiary. The Plan Committee, the Trustee and other Plan fiduciaries mu act in reliance upon any proper order issued under this Section 3.4(E) in maintaining, distributing or otherwise disposing of a Participant's Account under the Plan terms, to any Beneficiarspecified in the court's order. 3.5 Personal Data to Plan Committee. Each Participant and each Beneficiary of a deceased Participant must furnish to the Plan Committee such evidence, data or information as the Plan Committee considers necessary or desirable for the purpose of administering the Plan. The provisions of this Plan are effective for the benefit of each Participant upon the condition precedent that each Participant will furnish promptly full, true and complete evidence, data and information H:\40032\001\PLN\edmonds restatement ppa 2012 redline with shadin 1-13.doc 1 Packet Page 167 of 400 when requested by the Plan Committee, provided the Plan Committee advises each Participant of the effect of his or her failure to comply with its request. 3.6 Address for Notification. Each Participant and each Beneficiary of a deceased Participant must file with the Plan Committee from time to time, in writing, his or her post office address and any change of post office address. Any communication, statement or notice addressed to a Participant, or Beneficiary, at his or her last post office address filed with the Plan Committee, or as shown on the records of the Employer, binds the Participant, or Beneficiary, for all purposes of this Plan. H:\40032\001\PLN\edmondsrestatement ppa2012 redline with shadin 1 1-13.doc Packet Page 168 of 400 ARTICLE 4 CONTRIBUTIONS 4.1 Participant Contributions. Every Eligible Employee shall be required to contribute, on his or her own behalf, an amount equal to such Participant's Compensation (not to exceed, however, in total, "Maximum Compensation" as that term is defined in Section 2.21 of this Plan) multiplied by one hundred percent (100%) of the then current Employee's tax rate under the Federal Insurance Contributions Act, as amended; provided that, the amount of Participant Contributions shall be reduced as to any Participant by the amount of any Medicare contribution required of such Participant by Code Section 3101(b)(6), as amended or any other relevant statute. (a) Basic Contributions shall be deducted from the Participant's pay by the Employer. Basic Contributions shall be the amount which is necessary to pay the insurance premiums covering the Participant's life under Article 17. These Basic Contributions shall continue to be deducted notwithstanding the fact that the Participant's Compensation exceeds Maximum Compensation as defined in Section 2.21. (b) The remaining amount after subtracting Basic Contributions shall be Pickup Contributions. Pickup Contributions will be assumed and contributed (picked up) by the Employer in the manner described in Code § 414(h)(2). 4.2 Mandatory Contributions by Hourly Employees. Every Hourly Employee shall be required to contribute, on his or her own behalf, a Mandatory Contribution equal to such Participant's Compensation (not to exceed however, in total, "Maximum Compensation" as that term is defined in Section 2.21 of this Plan), multiplied by one hundred percent (100%) of the minimum requirement H:\40032\001\PLN\edmondsrestatement ppa2012(redline with shadingl�l-13.doc14A400321h0 ..,,.a...,.ndSF,.,....«,.w.efAi.....2012(Fedli., Packet Page 169 of 400 under Code § 3121(b)(7)(F) of the Federal Insurance Contributions Act, as amended. Mandatory Contributions shall be deducted from the Participant's pay by the Employer. 4.3 Extra Employee Contributions. When the maximum allowable aggregate amount of Basic Contributions provided for under Section 4.1 this Plan are being made by or on behalf of a Participant, such Participant may contribute on his or her own behalf Extra Employee Contributions in such additional amounts as he or she may elect. See Section 4.9(a)12 B for the Annual Additions limitation for Extra Employee Contributions. Such contributions shall be made at the Participant's election in the form of payroll deductions. This provision shall not apply to Hourly Employees. 4.4 Matching Employer Contributions. The Employer shall contribute from time to time the sum of the following amounts: (a) An amount determined as follows: (1) The amount determined by multiplying each Eligible Employee's Compensation up to "Maximum Compensation," as that term is defined in Section 2.21 of this Plan, by one hundred percent (100%) of the then current Employer's tax rate under the Federal Insurance Contributions Act (Code sections 3111(a) and (b)), as amended, (for this purpose, this calculation shall be made as if the Employer had not withdrawn from the Federal Old Age, Survivors, Disability and Health Insurance Act), minus (2) The amount of insurance premiums necessary to fund the Employer's disability insurance programs for the then current year (these premiums and policies are not assets of the Trust). Notwithstanding the foregoing provisions of this Section 4.4, for any Active Participant for which Medicare contribution is required by Code § 3111(b)(0, as amended or any other relevant HA40032\001\PLN\edmondsrestatement ppa2012(redline with shadingl1-13.doc14A400321h0 ..,,.a...,.ndSF,.,.«,.«,....,......oa2012(F dlin, �Q Packet Page 170 of 400 statute, the amount of the Matching Employer's Contribution for such Active Participant shall be reduced by the amount of the City's required Medicare contribution on behalf of such individual. Further, the City's aggregate contributions to this Plan shall be reduced by the required Medicare contributions on behalf of all Employees on account of whom a contribution would otherwise be made to this Plan. The Employer's contribution, as determined above, shall be paid into the Trust and held in an unallocated account. From such account, administrative expenses of the Plan and Trust not otherwise paid, net ofasset management fees, shall be paid. Next, the Plan Committee shall allocate the amount required under Section 9.2 to the account of each Disabled Participant. Next, the Plan Committee shall allocate the amount required under Section 4.5 to the account of all Hourly Employees to the extent required by Section 4.5. The remaining amounts, together with investment earnings, or less investment losses, shall be allocated as of the last day of each month among those Eligible Employees who contributed during such month. Such amounts shall be allocated in the same proportion that the Contributions for each such Participant for such month bears to the total of all Participant Contributions for such month. Participant Contributions shall be reduced by any amount determined under Section 4.8 "Disposition of Exeess ^ ri,, upA" in determining an Employee's allocation. (b) Employer contributions under subsection (a) of this Section 4.4 shall be made not less frequently than monthly. 4.5 Section 312 1 (b)(7)(F) Minimum Allocation For Hourly Employees. Each Hourly Employee shall receive a minimum allocation that is equal to the minimum requirement under § 3121(b)(7)(F), as amended. For purposes of determining whether an Hourly Employee has received the § 3 12 1 (b)(7)(F) minimum allocation the employer shall calculate the Hourly Employee's H: L e mon srestatementppa 12 (redlinewi s a 1�1-13. oc 13 deel4annn22\nni\PLNI,.dfne..a,. _,.stat,... ent nnn 2012 i.-,.at:..,.� 09 �n i � a,.,. Packet Page 171 of 400 contribution rate by dividing the sum of all Mandatory Contributions by his or her Compensation. If the contribution rate is less than the minimum allocation, the Hourly Employee shall be allocated an additional amount necessary to increase the Hourly Employee's contribution rate to the 312 1 (b)(7)(F) minimum allocation. The Plan Committee shall allocate that additional contribution to the account of the participant. The amount so allocated shall be nonforfeitable. 4.6 Cessation of Eligibility. An Active Participant who ceases to meet the requirements for eligibility to participate as set forth in Section 3.1 of this Plan, shall become an Inactive Participant and shall not be entitled to make further contributions on account of this Plan until such time as such Participant again satisfies the eligibility requirements. The Plan Committee shall continue to maintain the accounts of such Inactive Participant until such time as the Participant's Employment with the Employer terminates. A Participant who becomes an Inactive Participant by reason of Cessation of Eligibility as provided in this Section 4.6 shall continue to receive credit for Months of Participation for vesting purposes in accordance with Article 11 of this Plan. 4.7 USERRA Contributions. This Section 4.7 applies to an Employee who: (i) has completed qualified military service under the Uniformed Service Employment and Re-employment Rights Act of 1994 ("USERRA"); (ii) the Employer has rehired under USERRA; and (iii) who is a Participant entitled to make-up contributions under Code § 414(u). This Section 4.7 also applies to an Employee who dies or becomes disabled while performing_ Qualified Military Service, as provided in Section 4.7(K) and L2 (A) Employer Contributions. The Employer will make up any Employer contributions that the Employer would have made and which the Plan Committee would have allocated to the Participant's Account had the Participant remained employed by the Employer during the period of qualified military service. HA40032\001\PLN\edmondsrestatement ppa2012(redline with shadinglrQl-13.doc14A400321h0 ..,,.a...,.ndSF,.,....«,.w.efAi.....2012(Fedli., Packet Page 172 of 400 (B) Compensation. For purposes of this Section 4.7, the Plan Committee will determine an affected Participant's Compensation as follows. A Participant during his or her period of qualified military service is deemed to receive Compensation equal to that which the Participant would have received had he/ or she remained employed by the Employer, based on the Participant's rate of pay that would have been in effect for the Participant during the period of military service. If the Compensation during such period would have been uncertain, the Plan Committee will use the Participant's actual average Compensation for the 12 month period immediately preceding the period of qualified military service, or if less, the period of employment. (C) Employee Contributions. If the Plan provides for Employee Contributions during a Participant's period of qualified military service, the Plan Committee twill allow a Participant under this Section 4.7 to make-up such Employee Contributions to his or her Account. The Participant may make up the maximum amount of Employee Contributions which he/ or she under the Plan terms would have been able to contribute during the period of qualified military service (less any such amounts that the Participant actually contributed during such period) and the Participant must be permitted to contribute any lesser amount as the Plan would have permitted. The Participant must contribute any make-up contribution under this Section 4.7(C) commencing on his or her reemployment date and not later than 5 years following reemployment (or if less, a period equal to 3 times the length of the Participant's qualified military service triggering such make up contribution). (D) Matching Contributions. The Employer will make-up any Matching Contributions that the Employer would have made and which the Plan Committee would have allocated to the Participant's Account during the period of qualified military service, but based on any make-up Employee Contributions that the Participant contributes under Section 4.7(C). H:\40032\001\PLN\edmondsrestatement ppa2012(redline with shadingl@1-13.doc14A400321h0 ..,,.a...,...a,._,.,....«,.w.efAi.....2012(Fedli., Packet Page 173 of 400 (E) Limitations/Testing. Contributions under this Section 4.7 are Annual Additions and are tested under Sections 4.8 and 4.9 in the year to which such contributions are allocated, but not in the year in which such contributions are made. The Empl ffff also will deduct such ^ ntfibutio i the (1) Differential Wage Payments. Effective for Differential Wage Payments made after December 31, 2008, the Plan is not treated as failing to meet the requirements of M provision described in this Section 4.7(E)by reason of any contribution or benefit which is based on a Differential Wage Payment. The preceding sentence applies only if all Employees performingservice ervice in the uniformed services described in Code § 3401(h)(2)(A) are entitled to receive Differential Wage Payments on reasonably equivalent terms and, if eligible to participate in a retirement plan maintained by the Employer, to make contributions based on the payments on reasonably equivalent terms taking into account Code § § 410(b)(3), 4), and (5)). The Plan Committee operationally may determine, for purposes of any provision described in this Section 4.7(E), whether to take into account any Elective Deferrals, and if applicable, any Matching Contributions, attributable to Differential Wage Payments. (F) No Earnings. A Participant receiving any make-up contribution under this Section 4.7 is not entitled to an allocation of any earnings on any such contributions prior to the time that the Employer actually makes the contributions (or timely deposits the Participant's own make-up Employee Contributions) to the Trust. (G) No Forfeitures. A Participant receiving any make-up allocation under this Section 4.7 is not entitled to an allocation of any forfeitures arising during the Participant's period of qualified military service. H:\40032\001\PLN\edmondsrestatement ppa2012 redline with shadin 1 1-13.doc Packet Page 174 of 400 (H) Allocation Conditions. For purposes of applying any Plan allocation conditions, the Plan Committee will treat any period of qualified military service as service, under the Plan. (I) Other Rules. The Plan Committee in applying this Section 4.7 will apply any future written guidance addressing the application of USERRA to the Plan. (J) Loan repayments (if permitted under the Plan) will be suspended as permitted under Code § 414(u)(4). (K) HEART Act Death Benefits. In the case of a death occurring on or after January 1, 2007, if a Participant dies while performing_ Qualified military service, the Participant's Beneficiary is entitled to any additional benefits (other than benefit accruals relatingtperiod of qualified military service) provided under the Plan as if the Participant had resumed employment and then terminated employment on account of death. Moreover, the Plan will credit the Participant's qualified military service as service for vesting purposes, as though the Participant had resumed employment under USERRA immediately prior to the Participant's death. (L) HEART Act Disability Benefits. If a Participant becomes Disabled on or after January 1, 2007, while performing_ Qualified military service (as defined in Code § 414(u)(5)), the Plan will credit the Participant's qualified military service as service under the Plan, as though the Participant had resumed employment under USERRA immediately prior to the Participant's Disability. 4.8 Limitations O n lloeatio s To 12a f eii)an4s' n ,.,.,,uvA Annual Additions Limit. The amount of Annual Additions which the Plan Committee may allocate under this Plan onto a Participant's beh-aWAccount for a Limitation Year may not exceed the M ximt w. Permissible A4neuPAAnnual Additions Limit. H:\40032\001\PLN\edmondsrestatement ppa2012(redline with shadingl�L1-13.docI4A400321h0 ..,,.a...,...a,._,.,....«,.w.efAi.....2012(Fedli., Packet Page 175 of 400 (A) Actions to Prevent Excess Amount. If the Annual Additions the Empl)yel=Plan Committee otherwise would allocate under the Plan to the Participant's Account for the Limitation Year would causeexceed the Annual Additions for the Limitation Year Limit to exec-e *-- M.,x;ri,u po,.,,- issible Am,,,,,,*, the Plan Committee will not allocate the Excess Amount, but will instead take any reasonable, uniform and nondiscriminatory action the Plan Committee determines necessary to avoid allocation of an Excess Amount. Such actions include, but are not limited to, those described in this Section 4.8. If the Plan includes a 401(k) arrangement, the Plan Committee may apply this Section 4.8 in a manner which maximizes the allocation to a Participant of Employer contributions (exclusive of the Participant's Salary Reduction Deferrals). Notwithstanding anX contrary Plan provision, the Plan Committee, for the Limitation Year, may: (l) suspend or limit a Participant's additional Employee Contributions or Salary Reduction Deferrals; (2) notify the Employer to reduce the Employer's future Plan contribution(s) as necessary to avoid allocation to a Participant of an Excess Amount; or (3) suspend or limit the allocation to a Participant of anX Employer Contribution previously made to the Plan (exclusive of Salary Reduction Deferrals,) or of any Participant forfeiture. If an allocation of Employer Contributions previously made (excluding a Participant's Salary Reduction Deferrals) or of Participant forfeitures would result in an Excess Amount to a Participant's Account, the Plan Committee will allocate the Excess Amount to the remaining Participants who are eligible for an allocation of Employer Contributions for the Plan Year in which the Limitation Year ends. The Plan Committee will make this allocation in accordance with the Plan's allocation method as if the Participant whose Account otherwise would receive the Excess Amount is not eligible for an allocation of Employer Contributions. If the Plan Committee allocates to a Participant an Excess Amount, the Plan Committee will dispose of the Excess Amount in accordance with Section § 4.10. H:\40032\001\PLN\edmondsrestatement ppa2012 redline with shadin 1 1-13.doc Packet Page 176 of 400 (B) Estimated and Actual Compensation. Prior to the determination of the Participant's actual Compensation for the Limitation Year. the Plan Committee may determine the Annual Additions Limit on the basis of the Participant's estimated annual Compensation for such Limitation Year. The Plan Committee will make this determination on a reasonable and uniform basis for all Partici similarly situated. The Plan Committee will reduce the allocation of M Employer Contribution (including the allocation of Participant forfeitures) based on estimated annual Compensation by any Excess Amounts carried over from prior years. As soon as is administratively feasible after the end of the Limitation Year. the Plan Committee will determine the Annual Additions Limit on the basis of the Participant's actual Compensation for such Limitation Year. �r.eeeeeeesWAkVw.' :.:rn:r�ar♦��:r�:E. —_.. ......... ,_�..,.�...._.,�,.R,,,.,. r WRPM"M esrsrrs!ee�a�: Ts:ss �e�e�+ersre�rrr�:e sneers. .es�as:ssts . .. . .remsserfes�r� ee�: seeesr�:ssee:+errs:s�:�sMMlr- e.. - MIT IMMMUP terry H:\40032\001\PLN\edmonds restatement ppa 2012 (redline with shading ldl-13.docI4A40032100 .., ,.a...,...a,. _,.,....«,.w.efAi..... 2n, 2 (_, dlin, Packet Page 177 of 400 4.9 Annual Additions Limit Code � 415 Aggregated Plans. (A) Aggregation of Code § 415 Aggregated Plans. For purposes of applying the Annual Additions Limit, all Code § 415 Aggregated Plans are treated as one plan. (1) Break-up of an affiliate employer or an affiliated service group. For purposes of aggregating plans for Code § 415, a Formerly Affiliated Plan of an employer is taken into account for purposes of applying the Code § 415 limitations to the employer, but the Formerly Affiliated Plan is treated as if it had terminated immediately prior to the Cessation of Affiliation. (2) Mid-yearggregation. Two or more Defined Contribution Plans that are not Code 415 Aggregated Plans as of the first day of a Limitation Year do not fail to satisfy the requirements of Code § 415 with respect to a Participant for the Limitation Year merely because later in that Limitation Year they become Code § 415 Aggregated Plans, provided that no Annual Additions are credited to the Participant's Account after the date on which the Plans are required to be aggregated. _ H:\40032\001\PLN\edmonds restatement ppa 1 (redline with shadin dOcl4A400321h0PaW,edmendS Packet Page 178 of 400 (B) Combined Plans Limitation. The amount of Annual Additions which the Plan Committee may allocate under this Plan to a Participant's Account for a Limitation Year may not exceed the Combined Plans Limitation. (1) Prevention. If the amount the Employer otherwise would allocate to the Participant's Account under this Plan would cause the Annual Additions for the Limitation Year to exceed this Section 4.9(B) Combined Plans Limitation, the Employer will reduce the amount of its allocation to that Participant's Account in the manner described in Section 4.8(A). so the Annual Additions under all of the Code § 415 Aggregated Plans for the Limitation Year will equal the Annual Additions Limit. Correction. If the Plan Committee allocates to a Participant an amount attributed to this Plan under Section 4.9(D) which exceeds the Combined Plans Limitation, the Plan Committee will dispose of the Excess Amount in accordance with Section 4.10 (C) Estimated and Actual Compensation. Prior to the determination of the Participant's actual Compensation for the Limitation Year, the Plan Committee may determine the Combined Plans Limitation on the basis of the Participant's estimated annual Compensation for such Limitation Year. The Plan Committee will make this determination on a reasonable and uniform basis for all Participants similarly situated. The Plan Committee will reduce the allocation of any Einployer Contribution (including the allocation of Participant forfeitures) based on estimated annual Compensation by any Excess Amounts carried over from prior years. As soon as is administrativelX feasible after the end of the Limitation Year, the Plan Committee will determine the Combined Plans Limitation on the basis of the Participant's actual Compensation for such Limitation Year. (D) Ordering Rules. If a Participant's Annual Additions under this Plan and the Code 415 HA40032\001\PLMedmondsrestatement ppa2012(redline with shadingtlU1-13.doc14A40032100 ..,,.a...,...a,._,.,....«,.w.efAi.....2012(Fedli., Packet Page 179 of 400 Aggregated Plans result in an Excess Amount, such Excess Amount will consist of the Amounts last allocated. The Plan Committee will determine the Amounts last allocated by treating the Annual Additions attributable to a simplified employee pension as allocated first, followed by allocation to a welfare benefit fund or individual medical account, irrespective of the actual allocation date. If the Plan Committee allocates an Excess Amount to a Participant on an allocation date of this Plan which coincides with an allocation date of another plan, the Excess Amount attributed to this Plan will equal the product of (1) the total Excess Amount allocated as of such date, multiplied by (2) the ratio of (a) the Annual Additions allocated to the Participant as of such date for the Limitation Year under the Plan to (b) the total Annual Additions allocated to the Participant as of such date for the Limitation Year under this Plan and the Code , 4115 Aggregated Plans. (E) Disposition of Allocated Excess Amount Attributable to Plan. The Plan Committee will dispose of any allocated Excess Amounts described in and attributed to this Plan under Section 4.9(D) as provided in Section 4.10. 4.10 Disposition of Excess Annual Additions. If a Participant's Account exceeds the Annual Additions Limit for the Limitation Year. then the Plan will correct such excess in accordance with the Employee Plans Compliance Resolution System EPCRS) as set forth in Rev. Proc. 2008-50 or M gpplicable guidance. 4.11 No Combined DCP/DBP Limitation. If the Employer maintains a Defined Benefit Plan, or has ever maintained a Defined Benefit Plan which the Employer has terminated, this Plan does not calculate a combined 415 limit based on the Defined Benefit Plan and this Plan. 4.912 Definitions - ARTICLE 4. For purposes of Sections 4.8 and-49throu ham, the H:\40032\001\PLN\edmonds restatement ppa 1 (redline with s a l b-Al-1 oc Packet Page 180 of 400 following terms shall apply: (aA) Annual Additions. Annual Additions -smeans the sum of the following amounts allocated on behalf of to a Participant's Account for a Limitation Year: (}1) Employer contributions; (fit) a4-forfeitures; (fi}3) all -Employee contributions;_(iv4) amounts allocated to an individual medical account (as defined in Code , 4�15(1)(2)) included as part of a pension or annuity plan maintained by the Employer; (5) contributions paid or accrued attributable to post -retirement medical benefits allocated to the separate account of a key -employee (as defined in Code 419A(d)(3)) under a welfare benefit fund (as defined in Code & 419(e)) maintained by the Employer; (6) amounts allocated under a Simplified Employee Pension Plan; and (7) corrected (distributed) Excess Contributions described in Code § 401(k) and corrected (distributed)Excess Aggregate Contributions described in Code § 401(m). (1) Exclusions. Annual Additions do not include: (a) Catch -Up Contributions; (b) Excess Deferrals which the Plan Committee corrects by distribution by April 15 of the following calendar year; c) Designated IRA Contributions; (d) Restorative Payments; (e) Transfers to this Plan; f) Rollover Contributions (as described in Code §§ 401(a)(31), 402(c)(1), 403 a 403(b)(8), 408(d)(3), and 457(e)(16)); (g) Repayments of loans made to a Participant from the Plan; (h) Repayments of amounts described in Code § 411(a)(7)(B) ,in accordance with Code 411 a)(7)(C)) and Code § 411(a)(3)(D)or repayment of contributions to a governmental plan (as defined in Code § 414(d)) as described in Code § 415(k)(3), as well as Employer restorations of benefits that are required pursuant to such repayments; and (i) Einployee contributions to a defined benefit plan under Code § 414 h that are "picked up" by the Employer and are therefore treated as Employer contributions. H:\40032\001\PLN\edmondsrestatement ppa2012 redline with shadin 1 --13.doc Packet Page 181 of 400 (2) Date of Employer Contributions. Notwithstanding _anything in the Plan to the contrary, in the case of an Employer that is exempt from Federal income tax (including a ,governmental employer), Employer Contributions are treated as credited to a Participant's account for a particular Limitation Year onlv if the contributions are actually made to the Plan no later than the 15th day of the tenth calendar month following the end of the calendar year or fiscal year (as applicable, depending on the basis on which the Employer keeps its books) with or within which the particular Limitation Year ends.excess eonifibutions- deser-ibed in Code § 401('and exeess ee�er:reerfr�ati:�:et�:n:rs�rs�e�+� . asss:*ssTsssers��Ksrt�. .� M.ME: - \��..�rrn\:♦.e0ua.�i\. �♦e'e'..iirsO♦'Mr-0,\.r ems:*frees::e rsiir.�r-Waa�af-ncar��rsr�ss� �eeet n:rs�r�T.i�� in....\a.ew�.. .re\ornr♦r\.e.nr\u.r.rrnr.\.\� .♦iirrni�ri��r.eiwA:i:: r.��o:ii ��♦.♦ns �•�:rnirrr i!r+\:♦i�u�'ii�rww�:i�ei\�r:ir\:��•rrir� ..\! - •E'. I I � � H:\40032\001\PLN\edmonds restatement ppa 2012 (redline with shadiM 11:ill-13.docu.\400321001\i3, ,.a...,...a,. _,.,....«,.w.efAi..... 2n, 2 (_,.alin Packet Page 182 of 400 [ermmmmmm. pafagr-aphs (a) through (e) of Seetion 2.6) does not apply. However-, Ca4eh up GofAr-ibutions are not • H:\40032\001\PLN\edmondsrestatement ppa2012 redline with shadin 1 --13.doc Packet Page 183 of 400 da4e within the Limitation Year- for- whieh the Employer- makes the afnendmefA, er-eating a s H:\40032\001\PLN\edmondsrestatement ppa2012 redline with shadin 1 --13.doc Packet Page 184 of 400 (gB) M.,xiff.,,m no..missa.le Am,.,,r*Annual Additions Limit. Annual Additions Limit sh-aIl means the lesser of (i) $40,000 (or, if greater, the $40,000 amount as adjusted under Code § 415(d), or (ii) one hundred percent (100%) of the Participant's Compensation within the, . - Qf Code' 415 (e)(3} paid or accrued for the Limitation Year. If there is a short Limitation Year because of a change in Limitation Year, the Plan Committee will multiply the $40,000 limitation (or larger limitation) by the following fraction: Number of months in the short Limitation Year 12. Code ' 4!4 v)—. The 100% Compensation referred to in (ii) s does not apply to any contribution for medical benefits after Separation ffem Serviee (within the meaning of Code § 401(h) or Code § 419A(f)(2)) which is --otherwise is *,.o�as an Annual Addition. (1) Certain Contributions Treated as Made to a Defined Contribution Plan. Solely for purposes of Sections 4.9 through 4.12, the following contributions are treated as contributions to a Defined Contribution Plan: (i mandatory employee contributions under Code § 411(c)(2)(C) made to a Defined Benefit Plan maintained by the Employer, unless such contributions are "picked up" bX the Employer under Code § 414(h)(2) (ii) contributions to an individual medical account (as defined in Code § 415(1)(2)) included as part of a Defined Benefit Plan or annuity plan under Code § 401(h) maintained by the Employer; and (iii) a welfare benefit fund under Code § 419(e) maintained by the Employer to the extent there are post -retirement medical benefits allocated to the separate account of a keMplo. ee as defined in Code § 419A(d)(3)). (2) Change of Limitation Year/Plan Termination. The Employer may chanize the Limitation Year only a Plan amendment. If the Employer terminates the Plan effective as of a date HA40032\001\PLN\edmonds restatement ppa2012 (redline with shadin doc14A400321h0 u,.a...,...a,._,.,....«,.w.efAi.....2012(Fedli., Packet Page 185 of 400 other than the last day of the Limitation Year. then the Plan is treated as if the Plan had been amended to change its Limitation Year. (C) Cessation of Affiliation. A Cessation of Affiliation means the event that causes an entit�to no longer be aggregated with one or more other entities as a single employer under the employ affiliation rules described in Treas. Reg. §§ 1.415(a)- I (f)(1) and (2) (such as the sale of a subsidiary outside a controlled group), or that causes a plan to not actually be maintained by any of the entities that constitute the employer under the employer affiliation rules of Treas. Reg_§§ 1.415(a)-1(f)(1) and 2) (such as a transfer of plan sponsorship outside of a controlled group (D) Code § 415 Aggregated Plans. Code § 415 Aggregated Plans means all Defined Contribution Plans (without regard to whether a plan has been terminated) ever maintained by the Employ or a Predecessor Employer) under which the Participant receives Annual Additions and as described under Treas. Reg. § 1.415(f (E) Combined Plans Limitation. The Combined Plans Limitation means the Annual Additions Limit, reduced by the sum of any Annual Additions allocated to the Participant's accounts for the same Limitation Year under the Code § 415 Aggregated Plans. (F) Compensation. Compensation for purposes of Code §415 testing means Compensation as defined in Section 2.6, except Compensation does not include Employee contributions under Code § 414(h) that are "picked up" by the Employer and are therefore treated as Employer contributions and any other exclusion from Compensation other than the exclusions described in paragraphs (a) through c) of Section 2.6) does not apply. H:\40032\001\PLN\edmonds restatement ppa 1 (redline with shadin l b-oc 13deel4annn22\nni\nrrrl,edf..,...a,._,.stat,...ent nnn2012 i.-,.at:..,.� n, Packet Page 186 of 400 (1) Differential Wage Payment. For years beginning after December 31, 2008, the Plan treats a Differential Wage Payment to an Employee as Compensation for purposes of the application the Annual Additions Limit. (G) Excess Amount. Excess Amount means the excess of the Participant's Annual Additions for the Limitation Year over the Annual Additions Limit. (H) Formerly Affiliated Plan. Formerly Affiliated Plan means a plan that, immediately prior to the Cessation of Affiliation, was actually maintained by one or more of the entities that constitute the Emplo. etas determined under the employer affiliation rules described in Treas. Reg§§ 1.415(a)- I ((1) and (2)), and immediately after the cessation of affiliation, is not actually maintained by any of the entities that constitute the Employer (as determined under the employ affiliation rules described in Treas. Reg_§§ 1.415(a)- I (f)(1) and (2)). (1) Predecessor Employer. Predecessor Employer means a former employer with respect to a participant in a plan maintained by an employer if the employer maintains a plan under which the participant had accrued a benefit while performing services for the employer, but only if that benefit is provided under the plan maintained by the employer. For this purpose, the formerly affiliated plan rules in Treas. Reg_§ 1.415(f)-I(b)((2) apply as if the Employer and Predecessor Employ constituted a singleployer under the rules described in Treas. Rego§§ 1.415(a)-I(�)(1) and (2) immediately prior to the cessation of affiliation (and as if they constituted two, unrelated employ under the rules described in Treas. Reg. § § 1.415 a)- I (f)(1) and 2) immediately after the cessation of affiliation) and cessation of affiliation was the event that gives rise to the predecessor employer relationship, such as a transfer of benefits or plan sponsorship. With respect to an Employer of a Participant, a former entity that antedates the Employer is a Predecessor Employer with respect to the H:\40032\001\PLN\edmondsrestatement ppa2012 redline with shadin 1 --13.doc Packet Page 187 of 400 Participant if, under the facts and circumstances, the Employer constitutes a continuation of all or a portion of the trade or business of the former entity. (J) Restorative Payment. A Restorative Payment means a payment made to restore losses to a Plan resulting from actions by a fiduciary for which there is reasonable risk of liability for breach of a fiduciary duty under applicable federal or state law, where Participants who are similarly situated are treated similarly with respect to the payments. Generally, payments are Restorative Payments only. i�payments are made in order to restore some or all of the Plan's losses due to an action (or a failure to act) that creates a reasonable risk of liability for such a breach of fiduciary duty (other than a breach of fiduciary duty arising from failure to remit contributions to the Plan). This includes payments to the Plan made pursuant to a court -approved settlement, to restore losses to a qualified Defined Contribution Plan on account of the breach of fiduciary duty (other than a breach of fiduciary duty arising from failure to remit contributions to the Plan). Pyments made to the Plan to make up for losses due merely to market fluctuations and other payments that are not made on account of a reasonable risk of liability for breach of a fiduciary duty are not Restorative Payments and generally constitute contributions that are considered Annual Additions. H:\40032\001\PLN\edmondsrestatement ppa2012 (redline with shading lb2ll-13.docl4A400321h0 u,.a...,...a,._,.,....«,.w.efAi.....2012(Fedli., Packet Page 188 of 400 ARTICLE 5 VALUATION AND ALLOCATION OF THE TRUST FUND 5.1 Valuation of the Trust Fund. As of each Valuation Date, the Trustee shall revalue the net assets of the Trust and determine the then current fair market value of such assets. After completing such valuation, the Trustee shall report the fair market value of all Trust assets to the Trust Committee and the Plan Committee. 5.2 Participant's Accounts. (a) Eligible Employees. The Plan Committee shall establish for each Eligible Employee under Section 3.1 of this Plan a separately allocated account, which shall be the Participant's Account, and which shall consist of several sub -accounts: (1) an Extra Employee Contribution Account, to which all Extra Contributions made by such Participant shall be credited. (2) a Basic Contribution Account, to which all Basic Contributions made by such Participant shall be credited. (3) A Pickup Contribution Account, to which all Pickup Contributions made by the Employer on behalf of such Participant shall be credited. (4) an Employer Contribution Account, to which all Employer Contributions made by the Employer on behalf of such Participant shall be credited. (5) A Rollover Contribution Account to which all rollover contributions made by the Participant shall be credited; and H:\40032\001\PLN\edmondsrestatement ppa2012 redline with shadin 1 1-13.doc Packet Page 189 of 400 (6) Such other accounts as the Plan Committee deems necessary to properly administer the Plan. (b) Hourly Employees. The Plan Committee shall establish for each Hourly Employee under Section 3.3 of this Plan a separately allocated account, which shall be the Participant's Mandatory Contribution Account. All Mandatory Contributions and Employer 3 12 1 (b)(7)(F) minimum contributions shall be credited to the Mandatory Contribution Account. 5.3 Allocation and Adjustment of Participants' Accounts. (a) As of each Valuation Date, each Participant's Account shall be adjusted to reflect income received, distributions, adjustments, withdrawals, unrealized market value appreciation or depreciation and expenses charged to the Trust Fund, in the ratio that such Participant's Account bears to the total of all Participants' Accounts, provided that, such adjustments shall be determined separately for funds segregated pursuant to subsection (b) hereof. As of such date, each Participant's sub -accounts, and all portions thereof, shall be likewise adjusted to reflect the above factors in the ratio that such sub -accounts or portions thereof bear to the Participant's Account or sub -account, as the case may be, immediately prior to such adjustments. In making such allocation, contributions received and distributions made during the period shall be credited with a proportional share of such allocation based on the assumption that all contributions are received and distributions made uniformly throughout the period. To the extent that the Trustee invests in daily (or other periodically) priced and/or "unitized" funds and utilizes a periodically priced record - keeping system, the term "valuation date" shall mean each business day (or other appropriate period) throughout the Plan Year in which such funds are reported and allocated by the Plan record -keeper. (b) Any Participant may direct the Plan Committee to segregate any part or a stated percentage of his or her Account into a segregated fund in accordance with this subsection (b). H:\40032\001\PLN\edmonds restatement ppa 2012 redline with shadin 1-13.doc 1 Packet Page 190 of 400 The segregated fund shall consist of such investments and investment media designed to preserve principal and to reduce volatility as shall be elected by the Plan Committee and Trustee. In order to direct the segregation of his or her Account, a Participant must file a written election with the Plan Committee on a form to be supplied by the Plan Committee. In addition to the stated percentage of the Participant's Account to be segregated, the election shall specify a stated percentage of the Participant's future Participant Contributions and Matching Employer Contributions to be segregated pursuant thereto. A Participant shall have the right to so direct the Plan Committee not more than three (3) times prior to the payment of the Participant's entire Account with the earliest such direction not given sooner than the date which is three (3) years prior to the Participant's Normal Retirement Date. The Participant shall be eligible for this option upon stating his or her intent to retire coupled with the ability to actually retire under the Plan's definition of Normal Retirement Age. The Participant shall give any such direction in advance and such segregation shall take effect as soon as administratively practicable following such notice. Once made, an election with subsequent transfer to a segregated fund in accordance with this Subsection (b) is irrevocable and shall control the investment of the elected amounts, together with accretions thereon, but shall not govern subsequent contributions to the Participant's Account. Any such election shall include a prorated portion of each of the Participant's subaccounts. The allocation and adjustments listed in subsection (a) above shall be made to the segregated accounts in the ratio that each Participant's Account and subaccounts in the segregated fund bear to the total of all such Participants' Accounts and subaccounts, respectively. Notwithstanding the foregoing, the Plan Committee may in its discretion adopt rules to supplement the foregoing (including, without limitation, the allowance of more than three (3) elections), provided such rules are applied on a uniform and consistent basis. (c) Notwithstanding the above, the Mandatory Contribution Accounts of any H:\40032\001\PLN\edmonds restatement ppa 2012 redline with shadin 1- l 13.doc Packet Page 191 of 400 Hourly Employees shall be treated in accordance with subsection (b) above, as if the Participant elected to segregate his or her entire Account. Therefore, while any Participant is an Hourly Employee, the Mandatory Contribution Account shall be placed in a segregated fund. However, in the event an Hourly Employee becomes an Employee eligible to participate under Section 3.1 without a break in service, the Employee and the Employer will no longer contribute to the Mandatory Contribution Account. The Mandatory Contribution Account, however, will remain in the Trust until the Employee terminates. However, the Mandatory Contribution Account need no longer be invested as a segregated account under Subsection (b) above. At the Employer's option the Mandatory Contribution Account may be merged into the Basic Contribution Account to ease administration. H:\40032\001\PLN\edmondsrestatement ppa2012 redline with shadin 1 1-13.doc Packet Page 192 of 400 ARTICLE 6 WITHDRAWALS FROM A PARTICIPANT'S ACCOUNT 6.1 Hardship Withdrawal. (a) Withdrawal from Account. Notwithstanding any other provision of this Article 6, a Participant may, for reasons of Financial Hardship as defined in Section 6.2, request the withdrawal from his or her Participant Contribution Account of a sum not exceeding the entire balance of such Accounts. (b) Committee Discretion. The Plan Committee may, in its sole discretion, approve a request made under Subsection (a) above upon satisfactory evidence of Financial Hardship as provided in Section 6.2. The Plan Committee may establish non-discriminatory rules governing withdrawals and other administrative details. The Plan Committee may impose a fee for the withdrawal to be assessed against the Participant's account as further set forth in the Plan Committee Administrative Rules under Article 6. This provision is not applicable to Hourly Employees. 6.2 Financial Hardship. (a) General. The Plan Committee shall establish rules governing the Financial Hardship, and any other facet applicable, in its discretion, to Hardship Withdrawal. In exercising its discretion hereunder, the Plan Committee shall be guided by the following rules: (1) the distribution must be made on account of the immediate and heavy financial need of the Participant; H:\40032\001\PLN\edmondsrestatement ppa2012 redline with shadin 1 1-13.doc Packet Page 193 of 400 (2) the distribution must knot exceed the amount necessary to satisfy such immediate and heavy financial need (including any amounts necessary to pay any federal, state, or local income taxes or penalties reasonably anticipated to result from the distribution). (b) Immediate and Heavy Financial Need. For purposes of a withdrawal from a Participant's Contribution Account pursuant to Section 6.1, the following is the exclusive list of events which shall be deemed to constitute an immediate and heavy financial need: (i) Expenses for (or necessary to obtain) medical care that would be deductible under Internal Revenue Code Section 213(d) (determined without regard to whether the expenses exceed 7.5% of adjusted gross income) of the Participant, the Participant's Spouse, or by any dependents of the Participant; (ii) Purchase of a principal residence for the Participant, substantial improvement, alteration or reconstruction of the Participant's principal residence, or the need to repay a loan incurred for either of the foregoing purposes, provided that such loan repayment does not include regular mortgage or contract payments except as provided in Subsection (iv) below; (iii) Payment of any educational expense for the Participant, the Participant's spouse —Spouse, children or any dependent (as defined in Code Section 152 without regard to Section 152(b)(1), (b)(2) and (d)(1)(13)); (iv) Payments necessM o prevent eviction of the Participant from his or her principal residence or the foreclosure on that residence. (v) Payments for the burial or funeral expenses for the Participant's deceased parent, spouse —Spouse, children or dependents (as defined in Code Section 152 without regard to Section 152(d)(1)(B)); H:\40032\001\PLN\edmondsrestatement ppa2012 redline with shadin 1 1-13.doc Packet Page 194 of 400 (vi) Expenses fer4-keto repair of —damage to the Participant's principal residence that would qualify for the casualty loss deduction under Code § 165 (determined without regard to whether the loss exceeds 10% of adjusted gross income); or (vii) Any need the Revenue Service prescribes in a Revenue Ruling, Notice or other document of general applicability which satisfies the safe -harbor definition of hardship. (c) Distribution Necessary to Satisfy Need. For purposes of a withdrawal from a Participant's Contribution Account pursuant to Section 6.1, a distribution will be deemed necessary to satisfy the immediate and heavy financial need if the amount of the distribution does not exceed the amount required to relieve such need (including any amounts necessary to pay any federal, state, or local income taxes or penalties reasonably anticipated to result from the distribution), and the Plan Committee receives from the Participant a written representation that the need cannot be relieved through the following (and the Plan Committee has no actual knowledge of material facts to the contrary): otherwise; IIA (i) Through reimbursement or compensation by insurance or (ii) By liquidation of the Participant's assets; (iii) By cessation of Extra Employee Contributions under the Plan; (iv) By other currently available distributions or nontaxable loans (at the time of the loan) from plans maintained by the Employer or by any other employer, or by borrowing from commercial sources on reasonable commercial terms in an amount sufficient to satisfy the need. For purposes of this subsection, a need cannot reasonably be relieved by one of the actions H:\40032\001\PLN\edmonds restatement ppa 2012 redline with shadin 1- 1-13.doc Packet Page 195 of 400 listed above if the effect would be to increase the amount of the need. For purposes of this subsection, the Participant's resources shall be deemed to include the assets of the Participant's Spouse and minor children that are available to the Participant. However, property held for the employee's child under an irrevocable trust or under the Uniform Gifts to Minors Act (or comparable State law) is not treated as a resource of the employee. rre Participant shall not be granted more than one (1) Hardship Withdrawal pursuant to this Article VI-6 ree�ess:esrsesrs�r.�e:*�ss�e!rser:�: emrer�:�e�eeeerrl�rs:e�ss one (1) 14afdship With4 -.,wal relative to purchase of a principal residence, substantial improvement, alteration or reconstruction of a principal residence or the need to repay a loan incurred for either of the foregoing purposes. The Plan Committee may establish non-discriminatory rules governing withdrawals and other administrative details. (e) Uniform Treatment. In determining the existence of an immediate and heavy financial need and whether the distribution is necessary to satisfy such need, the Plan Committee shall act in a uniform and non-discriminatory manner in accordance with the standards set forth in this Section 6.2. (f) Beneficiary's Hardship Need. A Participant's hardship event, for purposes of Section 6.2, includes an immediate and heavy financial need of a primarDesignated Beneficiary of the Participant, that would constitute a hardship event if it occurred with respect to the Participant's Spouse or dependent as defined under Section 6.2, but only as to the events described in Sections 6.2(b)(ii),(iii, and v . For purposes of this Section 6.2( , a "primary Designated Beneficiary" is an individual who is a Designated Beneficiary and has an unconditional right to all or a portion of the Participant's account balance upon the Participant's death. H:\40032\001\PLN\edmonds restatement ppa 2012 redline with shadin If 113.doc Packet Page 196 of 400 6.3 Withdrawal of Extra Employee Contributions. A Participant may elect in writing, on a form prescribed and supplied by the Plan Committee, to withdraw from his or her Extra Employee Contribution Account such amount as he or she may elect, but not more than the entire balance of such Account. A Participant shall not be granted more than one (1) withdrawal pursuant to this Section 6.3 in any twelve (12) month period. The Plan Committee may establish non-discriminatory rules governing withdrawals and other administrative details. The Plan Committee may impose a fee for the withdrawal to be assessed against the Participant's account as further set forth in the Plan Committee Administrative Rules under Article 6. This provision is not applicable to Hourly Employees. 6.4 Effect of Withdrawals. A Participant who makes a withdrawal under Section 6.1 or 6.3 shall continue as an Active Participant and shall continue to make contributions. The adjusted balance of such Participant's Employer Contribution Account, together with future Matching Employer Contributions on behalf of such Participant, shall continue to vest in accordance with the vesting schedule set forth in Article 11 of this Plan. No adjustment shall be made to a Participant's Employer Contribution Account as a result of a Hardship Withdrawal pursuant to these provisions. The Plan Committee may establish nondiscriminatory rules governing withdrawals and other administrative details. The Plan Committee may impose a fee for the withdrawal to be assessed against the Participant's account as further set forth in the Plan Committee Administrative Rules under Article 6. 6.5 Withdrawal of a Participant's Rollover Accounts. Not more th ^� .qY twelve (12) month per- ^a, ^A Participant may elect in writing, on a form prescribed and supplied by the Plan Committee, to withdraw from his or her Rollover Contribution Account such amount as he H:\40032\001\PLN\edmonds restatement ppa 2012 redline with shadin 1 1-13.doc Packet Page 197 of 400 or she may elect, up to the then current value of his or her Rollover Contribution Account, determined as of the last Valuation Date preceding such withdrawal. The Plan Committee may establish non-discriminatory rules governing withdrawals and other administrative details. The Plan Committee may impose a fee for the withdrawal to be assessed against the Participant's account as further set forth in the Plan Committee Administrative Rules under Article 6. This provision is not applicable to Hourly Employees. 6.6 Withdrawal of a Participant's Accounts Prior to Severance of Employment. A Participant, until he or she retires, has a continuing election to receive all or M portion of his or her accounts (including employer accounts) if he or she has attained age 59'/2. The Participant shall make this election by filing a written election with the Plan Committee and the Participant shall have the right to choose anv of the optional forms of benefits available under Section 7.2. The Plan Committee may establish non-discriminatory rules governing such withdrawals and other administratie matters as it deems necessary to effectuate this Section 6.7. This provision is not applicable to HourlMployees. H:\40032\001\PLN\edmondsrestatement ppa2012 redline with shadin 1 1-13.doc Packet Page 198 of 400 ARTICLE 7 TIME AND METHOD OF PAYMENT OF BENEFITS 7.1 Time of Distribution. Unless, pursuant to Section 7.2, the Participant or the Beneficiary elects in writing a different time or method of payment, the Plan Committee will direct the Trustee to commence distribution of a Participant's vested Accounts under Article 5 in accordance with this Section 7.1 upon a Participant's Severance of Employment for any reason. A distribution date under this Article 7, unless otherwise specified within the Plan, is each day throughout the Plan Year or as soon as administratively practicable following such date. (a) Severance of Employment for a Reason Other Than Death. (1) Participant's Vested Account Not Exceeding $1,000. If the Participant's Severance of Employment is for any reason other than death and the Participant's vested Account does not exceed $1,000 (or if the amount set forth in Code Section 40 1 (a)(3 1)(B) is amended, such new amount), the Plan Committee will direct the Trustee to distribute the Participant's vested Account, without his or her consent, in a lump sum on the first distribution date after the Participant's Severance of Employment or as soon as administratively practicable thereafter. If a Participant would have received a distribution under the preceding sentence but for the fact that the Participant's vested Account exceeded $1,000 when the Participant terminated service and if at a later time such Account is reduced such that it is not greater than $1,000, the Participant will receive a distribution of such Account. The Plan Committee, in accordance with the timing and other requirements for distributions under Section 7.1(a)(2), will give a distribution notice to a Participant who will receive a distribution 7-1 H:\40032\001\PLN\edmonds restatement ppa 2012 (redline with shading) 11-21-13.docu.\ 400321nn, \..,..\,.a..., ndS _,.,....«,.w.efA i..... 2n, 2 (fe 1 z deel4.\40037\!1M \DT NI,ed..., ndS _,.stat,... ent nn n 2012 (fedline) 07 29 , dee Packet Page 199 of 400 under Section 7.1(a)(1) regarding his or her rollover rights and regarding involuntary distribution in the case of the Participant's failure to timely respond to the notice. (2) Participant's Vested Account Exceeds $1,000. If the Participant's Severance of Employment is for any reason other than death and the Participant's vested Account exceeds $1,000, the Plan Committee will direct the Trustee to commence distribution of the Participant's vested Account in a form and at the time elected by the Participant pursuant to Section 7.2. A Participant eligible to make an election under Section 7.2 may elect to postpone distribution to a later date, subject to the minimum distribution rules. The Plan Committee will reapply the notice and consent requirements of Section 7.3 to any distribution that is postponed under this Section 7.1(a)(2). In the absence of an election by the Participant, the Plan Committee will treat the Participant as having elected to postpone his or her distribution. At the applicable date, the Plan Committee then will direct the Trustee to distribute the Participant's vested Account in accordance with the minimum distribution rules in Section 8.2 and the applicable method of payment selected by the Participant in Section 7.2. (3) Disability. If the Participant's Severance of Employment is because of his or her Disability, subject to the provisions of Article 9, the Plan Committee will direct the Trustee to pay the Participant's vested Account, at the same time and in the same form as if the Participant had incurred a Severance from Employment without Disability. (4) Layoff. If the Participant's Severance of Employment is because of Layoff, the Plan Committee will direct the Trustee to pay the Participant's vested Account, at the same time 7-2 H:\40032\001\PLN\edmonds restatement ppa 2012 (redline with shading) 11-21-13.docu.\ 400321nn, \..,..\,.a..., ndS _,.,....«,.w.efA i..... 2n, 2 (fe 1 z deel4.\40037\!1M \DT NI,ed..., ndS _,.stat,... ent nn n 2012 (fedline) 07 29 , dee Packet Page 200 of 400 and in the same form as if the Participant had incurred a Severance from Employment without a Layoff. (5) Determination of Vested Account/Investment in Money Market. For purposes of determining whether a distribution exceeds $1,000 (or if the amount set forth in Code Section 401(a)(31)(B) is amended, such new amount) and is $5,000 or less, the Plan Committee will determine a Participant's vested Account as of the most recent valuation date prior to the distribution date. Notwithstanding the Participant's election to defer, the nonvested portion of such terminating Participant's Employer Contribution Account shall still be forfeited. Furthermore, in determining the value of the Participant's interest in the Plan, such amount shall include any rollover contributions (and earnings thereon) within the meaning of Code §§ 402(c), 403(a)(4), 403(b)(8), 408(d)(3)(A)(ii), and 457(e)(16), as applicable. The Plan Committee may elect to invest any amounts deferred under this Section that are $5,000 or less in accordance with Section 5.3(b). (6) Forfeiture. If a Participant is partially vested in his or her Participant Account, A Participant's election under Section 7.1 to receive a distribution will result in the nonvested portion, if any, being treated as a forfeiture. In addition, notwithstanding a Participant's election to defer distribution under Section 7.1(a)(2), the nonvested portion of such terminating Participant's Employer Contribution Account will still be forfeited. (b) Distribution upon Death of the Participant. The Plan Committee will direct the Trustee, in accordance with this Section 7.1(b) and subject to Section 8.2(D), to distribute to the Participant's Beneficiary the Participant's Account remaining in the Trust at the time of the Participant's death. The Plan Committee will determine the death benefit by reducing the Participant's Account by any security interest the Plan has against that Account by reason of an 7-3 H:\40032\001\PLN\edmonds restatement ppa 2012 (redline with shading) 11-21-13.docu.\ 400321nn, \..,..\,.a..., ndS _,.,....«,.w.efA i..... 2n, 2 (fe 1 z deel4.\40037\!1M \DT NI,ed..., ndS _,.stat,... ent nn n 2012 (fedline) 07 29 , dee Packet Page 201 of 400 outstanding Participant loan. (1) Deceased Participant's Account Does Not Exceed $1,000. The Plan Committee, subject to the requirements of Section 8.2(D), will direct the Trustee to distribute or commence distribution of the deceased Participant's Account Balance in a single cash sum, as soon as administratively practicable following the Participant's death or, if later, the date on which the Plan Committee receives notification of or otherwise confirms the Participant's death. (2) Deceased Participant's Account Exceeds $1,000. The Plan Committee, subject to the requirements of Section 8.2(D) or to the Beneficiary's written election (as authorized in this Section 7.1(b)(2)), will direct the Trustee to distribute or commence distribution of the deceased Participant's vested Account at the time and in the form elected by the Participant or, if applicable by the Beneficiary (as permitted under this Article 7). In the absence of an election, subject to the requirements of Section 8.2(D), the Plan Committee will deem the beneficiary to have made an election to defer the distribution and will direct the Trustee to distribute the Participant's vested benefit in accordance with the minimum distribution rules of Section 8.2 or at an earlier election of the Beneficiary. If the death benefit is payable in full to the Participant's surviving spouse -Spouse, the surviving spouse -Spouse may elect distribution at any time or in any form (other than a joint and survivor annuity) this Article 7 would permit for a Participant. Any amount paid to the -Daft ,;. an4's of majority, shall be treated as paid to the Pa#ic��ss ii gpeuse—Upon the beneficiary's written request, the Plan Committee may accelerate payment of all, or any portion, of the Participant's unpaid benefit. 7-4 H:\40032\001\PLN\edmonds restatement ppa 2012 (redline with shading) 11-21-13.docu.\ 400321nn, \..,..\,.a..., ndS _,.,....«,.w.efA i..... 2n, 2 (fe 1z deel4.Unn27\nM\DT NI,ed..., ndS _,.stat,... ent nn n 2012 (fedliiie) n, dee Packet Page 202 of 400 In the event payments are to be made over a period of five (5) years from the date of the Participant's death, the Participant's beneficiary shall have the right to elect to receive the Participant's remaining benefits in a single sum in cash or in monthly, quarterly or annual installments over a period not exceeding five (5) years from the date of the Participant's death. The beneficiary desiring installment payments shall notify the Trustee of such election in writing on a form prescribed and supplied by the Plan Committee. (c) Maintenance Fee on Deferred Accounts. Participants electing to defer distributions under Article 7, 8 or 9 may have their accounts assessed a periodic maintenance fee to defray the administrative costs of maintaining their account. The Plan Committee may establish rules governing such matters as it deems necessary to effectuate this Section 7.1(c), including establishing the amount of the periodic maintenance fee and methods of assessing such fee. 7.2 Forms of Benefit. At the election of a Participant or Beneficiary, benefits may be paid in any of the following forms: (a) In a single sum in cash. (b) In monthly, quarterly or annual installments, as nearly equal as possible. (c) In the form of a non -forfeitable and nontransferable annuity contract issued by an insurance company of the Participant's choice, authorized to issue such contract in the State of Washington. Such contract may provide for any series of life, period certain, joint and/or joint and contingent survivor payments so long as such term is not greater than the anticipated lives of the Participant and his or her Spouse. (d) Withdrawals under Article 6. The Participant shall continue to be allowed to withdraw from his or her accounts as provided in Article 6. 7-5 H:\40032\001\PLN\edmonds restatement ppa 2012 (redline with shading) 11-21-13.docu.\ 400321nn, \..,..\,.a..., ndS _,.,....«,.w.efA i..... 2n, 2 (fe 1z deel4.Unn27\nM\DT NI,ed..., ndS _,.stat,... ent nn n 2012 (fedliiie) n, dee Packet Page 203 of 400 (e) Partial Distributions. The Participant shall be allowed to elect a partial distribution from the accounts as he or she designates. To the extent permitted under Code § 72, he or she may designate the contract from which the Plan Committee should make his or her distribution (the after-tax contributions and earnings contract or all other contributions and earnings contract). He or she may take partial distributions from any of his or her available Plan Accounts under Article 5. Under an installment distribution, the Participant or Beneficiary, at any time, may elect to accelerate the payment of all, or any portion of, the Participant's unpaid benefits. In addition, subject to Section 7.5, the Participant or Beneficiary may elect to defer the payment of remaining benefits or reduce the amount of current installments. Such elections to defer or reduce installments will become effective as soon as administratively practicable following such election. Notwithstanding the foregoing, the Plan Committee may in its discretion adopt rules to supplement the foregoing, including placing limitations on the number and frequency of elections to modify installments if such elections are being made too frequently in practice, provided such rules are applied on a uniform and consistent basis. The Plan Committee may establish rules governing such other matters as it deems necessary to effectuate this Section 7.2. 7.3 Notice and Consent. (a) Distribution notice/annuity starting date. At least 30 days and not more than W180 days prior to the Participant's annuity starting date, the Plan Committee must provide a written notice (or a summary notice as permitted under Treasury Regulations) to a Participant who is eligible to make an election under Section 7.1(a)(2) ("distribution notice"). The distribution notice must explain the optional forms of benefit in the Plan, including the material features and relative 7-6 H:\40032\001\PLN\edmonds restatement ppa 2012 (redline with shading) 11-21-13.docu.\ 400321nn, \..,..\,.a..., ndS _,.,....«,.w.efA i..... 2n, 2 (fe 1z deel4.Unn27\nM\DT NI,ed..., ndS _,.stat,... ent nn n 2012 (fedliiie) n, dee Packet Page 204 of 400 values of those options, and the Participant's right to postpone distribution until the applicable date described in Section 7.1(a)(2). The notice will describe the consequences of the Participant's failure to postpone the distribution. Also see Section 16.2(b) for provisions relating to a rollover notice. For all purposes of this Article 7, the term "annuity starting date" means the first day of the first period for which the Plan pays an amount as an annuity or in any other form but in no event is the "annuity starting date" earlier than a Participant's Severance of Employment with the Employer. (b) Consent Requirements/Participant Distribution Election. A Participant must consent, in writing, following receipt of the distribution notice, to any distribution under this Section 7.1, if at the time of the distribution to the Participant, the distribution is not an involuntary distribution under Section 7.1(a)(1). The Participant may reconsider his/ or her distribution election at any time prior to the annuity starting date and elect to commence distribution as of any other distribution date permitted under the Plan. A Participant may elect to receive distribution at any administratively practicable time which is earlier than 30 days following the Participant's receipt of the distribution notice, by waiving in writing the balance of the 30 days. 7.4 Amount of Benefit. The value of a Participant's or Beneficiary's Account for purposes of determining the amount of his or her Benefits shall be determined as of the Valuation Date immediately preceding the date of the distribution (where accounts are valued daily, this will be the Valuation Date immediately preceding processing of the distribution by the Trustee). The Account of a Participant electing to defer the commencement of benefits under Section 7.1 or electing to receive less than all of his or her Account shall continue to share in the allocation and adjustment of Participant Accounts as set forth in Section 5.3. 7.5 Distribution Options for Rehired Participant. A Participant that has terminated 7-7 H:\40032\001\PLN\edmonds restatement ppa 2012 (redline with shading) 11-21-13.docu.\ 400321nn, \..,..\,.a..., ndS _,......«,.w.efA i..... 2n, 2 (fe 1 z deel4.\40037\!1M \DT NI,ed..., ndS _,.stat,... ent nn n 2012 (fedline) 07 29 , dee Packet Page 205 of 400 employment and is subsequently rehired may stop his or her distributions or continue to receive distributions according to a proper election made as a result of the termination but may not alter his or her election after the Participant has been rehired. However, if the Participant has attained age 59- 1 /2, until he or she retires, he or she has a continuing election to receive all or a portion of his or her accounts. The Participant shall make this election by filing a written election with the Plan Committee and the Participant shall have the right to choose any of the optional forms of benefits available under Section 7.2. The Plan Committee may establish rules governing such matters as it deems necessary to effectuate this Section 7.5. 7-8 H:\40032\001\PLN\edmonds restatement ppa 2012 (redline with shading) 11-21-13.docu.\ 400321nn, \..,..\,.a..., ndS _,.,....«,.w.efA i..... 2n, 2 (fe 1z deel4.Unn27\nM\DT NI,ed..., ndS _,.stat,... ent nn n 2012 (fedliiie) n, dee Packet Page 206 of 400 ARTICLE 8 MINIMUM DISTRIBUTION RULES 8.1 Maximum Time of Distribution. (a) Required Beginning Date. Notwithstanding any provision of this Plan, a Participant's benefit payments must commence by the April 1 immediately following the calendar year in which the Participant attains age seventy and one-half (70-1/2), or if later, the April 1 immediately following the calendar year in which the Participant terminates service. If any distribution commencement date described under this Plan, either by Plan provision or by Participant election (or nonelection), is later than the Participant's Required Beginning Date, the Plan Committee instead must direct the Trustee to make distribution on the Participant's Required Beginning Date in the amounts necessary to satisfy the rules in Section 8.2. A Participant's Required Beginning Date is the April 1 following the close of the calendar year in which the Participant incurs a Separation from Service or, if later, the April 1 following the close of the calendar year in which the Participant attains age 70-1 /2. (b) Required Amount of Distribution. See Section 8.2. (c) Distribution of Annuity Contract. If a Participant's benefits are paid by distribution of an annuity contract, pursuant to Section 7.2(c), the distribution of such contract must take place by the maximum time specified in Section 8.2 and the contract must provide for a rate of payment which satisfies the rules of Section 8.2 and complies with the requirements of Code Section 401(a)(9) and the applicable Treasury regulations. 8.2 Minimum Distribution Requirements. 8-1 H:\40032\001\PLN\edmonds restatement ppa 2012 (redline with shading) 11-21-13.docu.\ 400321nn, \..,..\,.a..., ndS _,.,....«,.w.efA i..... 2n, 2 (fe 1 z deel4.\40037\!1M \DT NI,ed..., ndS _,.stat,... ent nn n 2012 (fedline) 07 29 , dee Packet Page 207 of 400 (A) General Rules. (1) Precedence. The requirements of this Section will take precedence over any inconsistent provisions of the Plan. (2) Requirements of Treasury Regulations Incorporated. All distributions required under this Section will be determined and made in accordance with the Treasury regulations under Section 401(a)(9) of the Internal Revenue Code. (B) Time and Manner of Distribution. (1) Required Beginning Date. The Participant's entire interest will be distributed, or begin to be distributed, to the Participant no later than the Participant's required beginning date. (2) Death of Participant bBefore Distributions Begin. If the Participant dies before distributions begin, the Participant's entire interest will be distributed, or begin to be distributed, no later than as follows: (a) If the Participant's surviving spous aSpouse is the Participant's sole designated Beneficiary, then, except as provided in Section F, below, distributions to the surviving spouse --Spouse will begin by December 31 of the calendar year immediately following the calendar year in which the Participant died, or by December 31 of the calendar year in which the Participant would have attained age 70-1/2, if later. (b) If the Participant's surviving spouse —Spouse is not the Participant's sole designated Beneficiary, then, except as provided in Section F, below, distributions to the designated Beneficiary will begin by December 31 of the calendar year immediately following the calendar year in which the Participant died. (c) If there is no designated Beneficiary as of September 30 of the year following 8-2 HA40032\001\PLN\edmonds restatement ppa 2012 (redline with shading) 11-21-13.docu.\ 400321nn, \..,..\,.a..., ndS _,.,....«,.w.efA i..... 2n, 2 (fe 1 z deel4.\40037\!1M \DT NI,ed..., ndS _,.stat,... ent nn n 2012 (fedline) 07 29 , dee Packet Page 208 of 400 the year of the Participant's death, the Participant's entire interest will be distributed by December 31 of the calendar year containing the fifth anniversary of the Participant's death. (d) If the Participant's surviving spouseaSpouse is the Participant's sole designated Beneficiary and the surviving spauseSpouse dies after the Participant but before distributions to the surviving spouse -Spouse begin, this Section (2) other than Section (2)(a), will apply as if the surviving spouse -Spouse were the Participant. For purposes of this Section (13)(2) and Section (D), unless Section (13)(2)(d) applies, distributions are considered to begin on the Participant's required beginning date. If Section (13)(2)(d) applies, distributions are considered to begin on the date distributions are required to begin to the surviving spousa$pouse under Section (13)(2)(a). If distributions under an annuity purchased from an insurance company irrevocably commence to the Participant before the Participant's required beginning date (or to the Participant's surviving speuseSpouse before the date distributions are required to begin to the surviving spouseSpouse under Section (13)(2)(a)), the date distributions are considered to begin is the date distributions actually commence. (3) Forms of Distribution. Unless the Participant's interest is distributed in the form of an annuity purchased from an insurance company or in a single sum on or before the required beginning date, as of the first distribution calendar year distributions will be made in accordance with Sections (C) and (D) of this Section. If the Participant's interest is distributed in the form of an annuity purchased from an insurance company, distributions thereunder will be made in accordance with the requirements of Section 401(a)(9) of the Code and the Treasury regulations. (C) Required Minimum Distributions dDuring Participant's Lifetime. (1) Amount of Required Minimum Distribution for Each Distribution Calendar 8-3 H:\40032\001\PLN\edmonds restatement ppa 2012 (redline with shading) 11-21-13.docu.\ 400321nn, \..,..\,.a..., ndS _,.,....«,.w.efA i..... 2n, 2 (fe 1 z deel4.\40037\!1M \DT NI,ed..., ndS _,.stat,... ent nn n 2012 (fedline) 07 29 , dee Packet Page 209 of 400 Year. During the Participant's lifetime, the minimum amount that will be distributed for each distribution calendar year is the lesser of - (a) the quotient obtained by dividing the Participant's account balance by the distribution period in the Uniform Lifetime Table set forth in Section 1.401(a)(9)-9, Q&A-2, of the Treasury regulations, using the Participant's age as of the Participant's birthday in the distribution calendar year; or (b) if the Participant's sole designated Beneficiary for the distribution calendar year is the Participant's spousa$pouse, the quotient obtained by dividing the Participant's account balance by the number in the Joint and Last Survivor Table set forth in Section 1.401 (a)(9)-9, Q&A- 3 of the Treasury regulations, using the Participant's and spouse —Spouse's attained ages as of the Participant's and spoxsa$pouse's birthdays in the distribution calendar year. (2) Lifetime Required Minimum Distributions Continue tThrough Year of Participant's Death. Required minimum distributions will be determined under this Section (C) beginning with the first distribution calendar year and up to and including the distribution calendar year that includes the Participant's date of death. (D) Required Minimum Distributions uAfter Participant's Death. (1) Death on or uAfter Date Distributions Begin. (a) Participant Survived by Designated Beneficiary. If the Participant dies on or after the date distributions begin and there is a designated Beneficiary, the minimum amount that will be distributed for each distribution calendar year after the year of the Participant's death is the quotient obtained by dividing the Participant's account balance by the longer of the remaining life expectancy of the Participant or the remaining life expectancy of the Participant's designated 8-4 H:\40032\001\PLN\edmonds restatement ppa 2012 (redline with shading) 11-21-13.docu.\ 400321nn, \..,..\,.a..., ndS _,.,....«,.w.efA i..... 2n, 2 (fe 1 z deel4.\40037\!1M \DT NI,ed..., ndS _,.stat,... ent nn n 2012 (fedline) 07 29 , dee Packet Page 210 of 400 Beneficiary, determined as follows: (i) The Participant's remaining life expectancy is calculated using the age of the Participant in the year of death, reduced by one for each subsequent year. (ii) If the Participant's surviving spouseSpouse is the Participant's sole designated Beneficiary, the remaining life expectancy of the surviving spous aSpouse is calculated for each distribution calendar year after the year of the Participant's death using the surviving spouseSpouse's age as of the spauseSpouse's birthday in that year. For distribution calendar years after the year of the surviving spotis€SRouse's death, the remaining life expectancy of the surviving spouseSpouse is calculated using the age of the surviving spouseSpouse as of the spouse —Spouse's birthday in the calendar year of the spousa$pouse's death, reduced by one for each subsequent calendar year. (iii) If the Participant's surviving spous aSpouse is not the Participant's sole designated Beneficiary, the designated Beneficiary's remaining life expectancy is calculated using the age of the Beneficiary in the year following the year of the Participant's death, reduced by one for each subsequent year. (b) No Designated Beneficiary. If the Participant dies on or after the date distributions begin and there is no designated Beneficiary as of September 30 of the year after the year of the Participant's death, the minimum amount that will be distributed for each distribution calendar year after the year of the Participant's death is the quotient obtained by dividing the Participant's account balance by the Participant's remaining life expectancy calculated using the age of the Participant in the year of death, reduced by one for each subsequent year. (2) Death bBefore Date Distributions Begin. 8-5 HA40032\001\PLN\edmonds restatement ppa 2012 (redline with shading) 11-21-13.docu.\ 400321nn, \..,..\,.a..., ndS _,.,....«,.w.efA i..... 2n, 2 (fe 1 z deel4.\40037\!1M \DT NI,ed..., ndS _,.stat,... ent nn n 2012 (fedline) 07 29 , dee Packet Page 211 of 400 (a) Participant Survived by Designated Beneficiary. Except as provided in the Plan, if the Participant dies before the date distributions begin and there is a designated Beneficiary, the minimum amount that will be distributed for each distribution calendar year after the year of the Participant's death is the quotient obtained by dividing the Participant's account balance by the remaining life expectancy of the Participant's designated Beneficiary, determined as provided in Section (D)(1). (b) No Designated Beneficiary. If the Participant dies before the date distributions begin and there is no designated Beneficiary as of September 30 of the year following the year of the Participant's death, distribution of the Participant's entire interest will be completed by December 31 of the calendar year containing the fifth anniversary of the Participant's death. (c) Death of Surviving Spouse before Distributions to Surviving Spouse Are Required to Begin. If the Participant dies before the date distributions begin, the Participant's surviving speuseSpouse is the Participant's sole designated Beneficiary, and the surviving speuseSpouse dies before distributions are required to begin to the surviving spouse -Spouse under Section (13)(2)(a), this Section (D)(2) will apply as if the surviving speuseSpouse were the Participant. (E) Definitions. (1) Designated Beneficiary. The individual who is designated as the Beneficiary under Section 3.4 of the Plan and is the Designated Beneficiary under Section 401(a)(9) of the Internal Revenue Code and Section 1.401(a)(9)-1, Q&A-4, of the Treasury regulations. (2) Distribution Calendar Year. A calendar year for which a minimum distribution is required. For distributions beginning before the Participant's death, the first Distribution Calendar 8-6 H:\40032\001\PLN\edmonds restatement ppa 2012 (redline with shading) 11-21-13.docu.\ 400321nn, \..,..\,.a..., ndS _,.,....«,.w.efA i..... 2n, 2 (fe 1 z deel4.\40037\!1M \DT NI,ed..., ndS _,.stat,... ent nn n 2012 (fedline) 07 29 , dee Packet Page 212 of 400 Year is the calendar year immediately preceding the calendar year which contains the Participant's Required Beginning Date. For distributions beginning after the Participant's death, the first Distribution Calendar Year is the calendar year in which distributions are required to begin under Section (B)(2). The required minimum distribution for the Participant's first Distribution Calendar Year will be made on or before the Participant's Required Beginning Date. The required minimum distribution for other Distribution Calendar Years, including the required minimum distribution for the Distribution Calendar Year in which the Participant's Required Beginning Date occurs, will be made on or before December 31 of that Distribution Calendar Year. (3) Life expectancy. Life expectancy as computed by use of the Single Life Table in Section 1.401 (a)(9)-9, Q&A-1, of the Treasury regulations. (4) Participant's aAccount bBalance. The account balance as of the last valuation date in the calendar year immediately preceding the Distribution Calendar Year (valuation calendar year) increased by the amount of any contributions made and allocated or forfeitures allocated to the account balance as of dates in the valuation calendar year after the valuation date and decreased by distributions made in the valuation calendar year after the valuation date. The account balance for the valuation calendar year includes any amounts rolled over or transferred to the Plan either in the valuation calendar year or in the Distribution Calendar Year if distributed or transferred in the valuation calendar year. (5) Required bBeginning dDate. The date specified in Section 8.1 of the Plan. (F) Election to Allow Participants or Beneficiaries to Elect 5-Year Rule. Participants or Beneficiaries may elect on an individual basis whether the 5-year rule or the life expectancy rule in Sections (B)(2) and (D)(2) of Section 8.2 of the Plan applies to distributions after the death of a 8-7 H:\40032\001\PLN\edmonds restatement ppa 2012 (redline with shading) 11-21-13.docu.\ 400321nn, \..,..\,.a..., ndS _,.,....«,.w.efA i..... 2n, 2 (fe 1 z deel4.\40037\!1M \DT NI,ed..., ndS _,.stat,... ent nn n 2012 (fedline) 07 29 , dee Packet Page 213 of 400 Participant who has a Designated Beneficiary. The election must be made no later than the earlier of September 30 of the calendar year in which distribution would be required to begin under Section 8.2(B)(2) or by September 30 of the calendar year which contains the fifth anniversary of the Participant's (or, if applicable, surviving spouseSpouse's) death. If neither the Participant nor Beneficiary makes an election under this paragraph, distributions will be made in accordance with Sections (B)(2) and (D)(2) of Section 8.2 of the Plan. 8-8 H:\40032\001\PLN\edmonds restatement ppa 2012 (redline with shading) 11-21-13.docu.\ 400321nn, \..,..\,.a..., ndS _,.,....«,.w.efA i..... 2n, 2 (fe 1 z deel4.\40037\!1M \DT NI,ed..., ndS _,.stat,... ent nn n 2012 (fedline) 07 29 , dee Packet Page 214 of 400 ARTICLE 9 DISABILITY -PENSION CONTINUATION BENEFITS 9.1 Deferral of Benefits in the Event of Disability. A Disabled Participant may elect to defer receipt of his or her Participant's Account until his or her Normal Retirement Date. In the event of such election, such Disabled Participant shall be entitled to receive Pension Continuation Benefits in accordance with Section 9.2 of this Agreement. Participants electing to defer distributions under this Section 9.1 may have their accounts assessed a periodic maintenance fee as set forth in Section 7.1(c) This provision is not applicable to MEBT II Employees. 9.2 Pension Continuation Benefits. A Disabled Participant who has elected to defer benefits in accordance with Section 9.1 of this Agreement, shall have allocated to his or her Participant's account an amount equal to one hundred sixty percent (160%) of the Participant Contributions (Basic and Pickup Contributions) actually made by or on behalf of such Participant under Section 4.1 in the calendar month immediately preceding the date on which the illness or condition resulting in Disability commenced. However, if a change in pay status, work hours or other similar change occurs in the month of the disability which is unrelated to the disability, then the month in which the disability occurs shall determine the amount of the contribution. Such contributions by the Employer shall commence as of the date of termination of employment and shall continue until the earlier of: (a) Such Participant's Normal Retirement Date, 9-1 H:\40032\001\PLN\edmonds restatement ppa 2012 (redline with shading) 11-21-13.docu.\ 400321nn, \..,..\,.a..., ndS _,.,....«,.w.efA i..... 2n, 2 (fe 1 z deel4.\40037\!1M \DT NI,ed..., ndS _,.stat,... ent nn n 2012 (fedline) 07 29 , dee Packet Page 215 of 400 (b) The date on which such Participant first receives a distribution from his or her Participant's Account subsequent to becoming Disabled, or (c) The Employee's ceasing to be Disabled as defined below. However, for purposes of determining Normal Retirement Date for this Section 9.2, contributions shall continue until the earlier of a Participant's sixty-fifth (65th) birthday; or the earliest service retirement date for such Participant under any other retirement benefit program to which contributions for such Participant are made by the Employer where the Participant is entitled to receive full benefits (i.e., not actuarially reduced). All contributions made pursuant to this Section 9.2 shall be fully vested in the Participant's Account. The limitations of Section 4.8 of this Plan shall not apply to contributions made pursuant to this Section 9.2. Payments under this Section 9.2 may be provided by any applicable insurance policy. For purposes of this Section 9.2, disability shall mean, in addition to any requirement under Section 2.8, the inability of any Participant to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than twelve (12) months. This provision is not applicable to Hourly Employees or Eligible Employees working less than one thousand (1000) hours per year. 9.3 Payment at Normal Retirement Date. Upon reaching his or her Normal Retirement Date, a Disabled Participant who has elected to defer receipt of his or her Participant's Account until his or her Normal Retirement Date pursuant to Section 9.1 of this Plan shall be entitled to be paid in accordance with Article 7, provided that, any such payment shall be subject to the provisions of H:\40032\001\PLN\edmonds restatement ppa 2012 (redline with shadindocI4A400321h0 9 ,.a...,.ndS F,.,....«,.w.efAi..... 2012 (.will., 1 z deel4.Unn27\nM \DT NI,ed..., ndS Fes tat,... eat nn n 201 2 Packet Page 216 of 400 Article 8. 9.4 Payment on Earlier Distribution. If a Disabled Participant, after having elected to defer receipt of his or her Participant's Account pursuant to Section 9.1 of this Agreement, elects to receive a distribution from such Account prior to his or her Normal Retirement Date, he or she shall be paid in accordance with Article 7. H:\40032\001\PLN\edmondsrestatement ppa2012(redline with shadingl�l-13.doc14A400321h0 u,.a...,.ndSF,.,....«,.w.efAi.....2012(Fedli., 1 z !1 deel4.\40037\M \DT NI,ed..., ndS _,.stat,... n eat nn 2012 i..,.ai:..,.� nm -- Packet Page 217 of 400 ARTICLE 10 [RESERVED] H:\40032\001\PLN\edmondsrestatement ppa2012 redline with shadin 1-13.doc Packet Page 218 of 400 ARTICLE 11 VESTING AND FORFEITURES 11.1 Vesting Schedule. Participants shall be one hundred percent (100%) vested immediately on Death, Disability, Layoff and attainment of Normal Retirement Date. The balances in a Participant's Employer Contribution Account shall vest according to the following schedule: Months of Continuous Participation Percentage Vested Less than twelve months 0% Twelve months 10% For each additional month 1.25% 84 or more months 100% No Participant shall receive a reduction in the Participant's position on the vesting schedule as a result of the change in the vesting schedule. This provision shall not apply to Hourly Employees. 11.2 Months of Participation. For purposes of this Article X111, Months of Participation shall mean each calendar month during any part of which a Participant was an Active Participant as defined in Section 2.1 of this Plan for at least 15 days and each calendar month during any part of which a Participant was an Inactive Participant by reason of Cessation of Eligibility to participate pursuant to Section 4.6 of this Plan. Participants shall also be given credit for months of continuance participation with other employers who are parties to the Municipal Employees Benefit Trust Agreement provided (i) the Employee was an active participant under the terms of such plan as is maintained by the other employer immediately prior to his or her employment with this employer, HA40032\001\PLN\edmondsrestatement ppa2012(redline with shading]1-�1-13.doc14A400321h0 ..,,.a...,.ndSF,.,.«..«,....efAi.....2012(Fedli., 1z deel4.\40037\!1M\DT NI,ed..., ndS _,.stat,... ent nn n P-ni; i..,.ai:..,.)1 n� �n i a,.,. Packet Page 219 of 400 and (ii) the Employee becomes an Active Participant hereunder as of the date of employment and makes a full rollover of all of his or her permissible benefits from the other employer plan as soon as practicable, or a direct transfer of such amounts is made between the two relevant plans. This provision shall not apply to Hourly Employees. 11.3 Disposition of Forfeitures. Employer Contribution Account balances forfeited pursuant to Article X-11 of this Plan shall be allocated as part of, and in the same manner as, the Employer Contribution pursuant to Section 4.4. This provision shall not apply to Hourly Employees. 11.4 Rehire. The Plan takes into account all "Months of Continuous Participation" an Eligible Employee completes with the Employer. As such, any Eligible Employee that is rehired will receive credit for all prior "Months of Continuous Participation." This credit will apply to all new contributions to the Employer Account. It would not allow the Participant to increase vesting in a prior Employer Account because the nonvested amount, if any, was immediately forfeited at the time of termination. Note, any event which resulted in fully vesting the Participant in his or her prior Employer Account (such as layoff) does not result in adding additional "Months of Continuous Participation." The rehired Participant will still begin employment with the actual "Months of Continuous Participation" he or she was credited with as a result of prior employment. For example, if a Participant had sixty "Months of Continuous Participation" (70% vested) at the time of termination due to Layoff (which resulted in 100% vesting) and was later rehired, the Participant begins Participation in new Employer contributions at 70% vesting not 100%. This is a clarification of the definition of Months of Participation under Section 11.2. 11.5 Restoration of Forfeited Account. No restoration of a prior forfeited Employer Contribution Account upon re-employment is permitted. H:\40032\001\PLN\edmonds restatement ppa 2012 (redline with shading�l 1docI4A400321h0 .., ,.a..., ndS _,......«,.w.efAi..... 2n, 2 (..will., i z a,.,.uannna2\nni\nr r rI,.a...,...a,. _,.,,.,.«,....,.... nn n PAP � irsdline,-) n� Packet Page 220 of 400 11.6 Unclaimed Account Procedure. If the Plan Committee is unable to locate any Participant or Beneficiary whose account becomes distributable under the terms of the Plan, the Plan Committee will apply the provisions of this Section 11.6. (a) Attempt to Locate. The Plan Committee will use one or more of the following methods to attempt to locate a Participant: (1) provide a distribution notice to the Participant at his or her last known address by certified or registered mail; (2) use of the IRS letter for -warding program under- Rev. PFec94-2?-(�2) use of a commercial locator service, credit reporting agencies, the internet or other general search method; e-(43) use of the Social Security Administration search program..; (4) check with the administrator of other employee benefit plans of the Employer that may have more up-to-date information regarding the Participant's whereabouts; or (5) identify and contact the Participant's Beneficiary under Section 3.4. Regarding search methods (4) and (5) above, if the Plan Committee encounters privacy concerns, the Plan Committee may request that the Employer or other plan fiduciary (under (4)), or the BeneficiM (under (5)), contact the Participant or forward a letter requesting that the Participant contact the Plan Committee. (b) Failure to Locate. If a lost Participant remains unlocated for 6 months following the date of the Plan Committee's last attempts to locate the lost Participant using one or more of the methods described in Section 11.6(a), the Plan Committee may forfeit the lost Participant's Account. However, the Plan Committee may continue to search for the Participant without it extending the period. If the Plan Committee will forfeit the lost Participant's Account, the forfeiture occurs at the end of the above -described 6 month period and the Plan Committee will allocate the forfeiture as raft of and i the so as, 4ie Ev,.,,.la ye,. Go t,-ibt ti in accordance with Section 4411.3. The Plan Committee under this Section 11.6(b) will forfeit the entire Account of the lost Participant, including employee and employer contributions. Pending forfeiture, the Plan Committee ma. direc H:\40032\001\PLN\edmonds restatement ppa 2012 redline with shadin 1- -13.doc Packet Page 221 of 400 the Trustee to segregate the Nonforfeitable Accrued Benefit in a segregated Account and to invest that segregated Account in federally insured interest bearingsavings avings accounts or time deposits (or in a combination of both), or in other fixed income investments. (c) Subsequent Restoration of Forfeiture. If a Participant whose Account was forfeited thereafter at any time but before the Plan has been terminated makes a claim for his or her forfeited Account, the Plan Committee will restore the forfeited Account to the same dollar amount as the amount forfeited, unadjusted for net income, gains or losses occurring subsequent to the forfeiture. The Plan Committee will make the restoration by the end of the calendar quarter following the calendar quarter in which the Participant makes the claim from the unallocated account established pursuant to Section 4.4. If the unallocated account is insufficient to enable the Plan Committee to make the required restoration, the Plan Committee shall continue to allocate amounts from the unallocated account as of each calendar quarter until the entire amount is restored. The Plan Committee will direct the Trustee to distribute the Participant's or Beneficiary's restored Accrued Benefit to him or her not later than 60 days after the close of the calendar quarter in which the Plan Committee restores the forfeited Accrued Benefit. The Plan Committee under- this Se do , 1 6(b) reMrEees��. _ . �� . eer:eeer.�e�rtsr�see��sr:�srsa (sd) Nonexclusivity and Uniformity. The provisions of Section 11.6 are intended to provide permissible but not exclusive means for the Plan Committee to administer the Accounts of missing Participants. The Plan Committee may utilize any other reasonable method to locate H:\40032\001\PLN\edmonds restatement ppa 2012 (redline with shadingIl l- 1-13.docu.\400321 01, a, ,.a...,...a,. _,.,....«,.w.efAi..... 2n, 2 (_, dlin, 1 z deel4.\40037\!1M \DT Nl,ed..., ndS _,.stat,... ent nn n 2012 n� -- Packet Page 222 of 400 missing Participants and to administer the Account of such Participants, including the default rollover permitted under Revenue Ruling 2000-36 and such other methods as the Internal Revenue Service or the U.S. Department of Labor ("DOL") may in the future specify. The Plan Committee will apply Section 11.6 in a reasonable, uniform and nondiscriminatory manner, but may in determining a specific course of action as to a particular Account, reasonably take into account differing circumstances such as the amount of a Participant's Account, the expense in attempting to locate a Participant, the Plan Committee's ability to establish and the expense of establishing a rollover IRA, and other factors. The Plan Committee may establish rules governing such matters as it deems necessary to effectuate this Section, including charging the Account of such Participant the reasonable expenses incurred under this Section 11.6 and which are associated with the missing Participant's Account without regard to whether or when the Plan Committee actually locates or makes a distribution to the Participant. H:\40032\001\PLN\edmondsrestatement ppa2012 redline with shadin 1--13.doc Packet Page 223 of 400 ARTICLE 12 ADMINISTRATION 12.1 Plan Committee. The Mayor, with the confirmation of the City Council, shall appoint to the Plan Committee two (2) members who shall hold office at the pleasure of the Mayor. The Employees who contribute to the Plan under the provisions of Article 4w, Section 4.1, shall elect four -fiw (4-5) members who are Plan Participants to the Plan Committee, provided however, that of the elected representatives, one (1) shall be elected f em the Fire Depai4ment, one (1) m the Police Department, one (1) from the Executive and Administrative departments and two (2) from all other departments. The following are and shall be designated as "departments" for the purpose of determining representation under the preceding sentence: The Executive Department shall consist of all Employees who serve directly under the Mayor and City Council; the Administrative Services Department shall consist of all Employees under the direction of the Administrative Services Director and all other Employees of the City; all other departments shall consist of Parks & Recreation, Public Works_, Development Services and Municipal Court. Subsequent to the end of their current terms, mMembers elected by the Employees shall serve for a term of three4w-e (1-2) years and may be re-elected for an additional threetwe (3-2) year term. In .. PM = —. :.: elected the -next -.—Any member of the committee may resign by notice in writing filed with the HA40032\001\PLN\edmonds restatement ppa 2012 (redline with shadinol a,.,.13.docu.\400321 01,a,,.a...,.ndSF,.,....«,.w.efAii3a2012(Fedli., 1z U deel4.nn27\nM\DT NI,ed..., ndS _,.stat,... ent nnn P-ni; i..,,d—lin,.)1 n� �n i Packet Page 224 of 400 Trustee or with the Employer. Any vacancy among the members of the Committee shall promptly be filled by appointment of the Mayor so that the number of members of the Committee shall be as herein prescribed. Provided, however, that if a vacancy occurs among the members of the Plan Committee elected by the Employees, the Mayor shall select and appoint a replacement member for the remainder of the unexpired term from a list of Employees presented by the Plan Committee. Any vacancies unfilled for ninety (90) days shall be filled by the majority vote of the remaining voters of the Committee. 12.2 Officers and Duties. The Plan Committee shall choose from among its members a Chairperson and a Secretary. The Secretary shall keep minutes of the Committee's proceedings and all dates, records and documents pertaining to the Committee's supervision of the Plan. The Committee shall adopt rules for the conduct of its meetings. The Committee may employ, and suitably compensate, such attorneys, actuaries, physicians, advisory, clerical or other employees as it may deem necessary for the performance of its duties. 12.3 Decision -Making Procedure. All actions of the Committee shall be determined by vote of a majority of its members. Either the Chair or the Secretary may execute any certificate or other written direction on behalf of the Committee. A member of the Committee shall not vote on any question relating exclusively to himself or herself or his or her relatives; in the determination of any such question, the decision of a majority of the remaining members of the Committee shall govern. The members of the Committee shall serve without bond and without compensation for their services as such. H:\40032\001\PLN\edmonds restatement ppa 2012 (redline with shadino d0cI4A400321h0 ..,,.a...,.ndSF,.,....«,.w.efAi.....2012(Fedli., Packet Page 225 of 400 12.4 Limits of Liability. No member of the Committee shall be liable for any act or omission of any other member of the Committee, nor for any act or omission on his or her own part, except his or her own willful misconduct. The Employer shall indemnify and save harmless each member of the Committee from any and all liabilities arising out of his or her membership on the Committee, except liabilities arising out of his or her own willful misconduct. The Committee shall make available to Participants and Beneficiaries, for examination during reasonable business hours, such records as pertain to the person wishing to examine the same. 12.5 Powers of Committee. The Committee shall administer and enforce the Plan in accordance with its terms and shall have all the powers convenient or necessary to accomplish that purpose including, but not limited to, the following powers: (a) To determine all questions relating to the rights to benefits of Participants or the eligibility of Employees to become Participants; (b) To certify to the Trustee the fact of Actual Retirement, Death, Disability, termination of Employment or of participation of any Participant; (c) To interpret, construe and enforce the terms of the Plan and the rules and regulations it adopts, including interpretation of the Plan documents and documents related to the Plan's operation; (d) To make and publish such rules for the administration of the Plan as are convenient and not inconsistent with the terms of this Plan and the Trust; (e) To engage the service of agents whom it may deem advisable to assist it with the performance of its duties; (f) To review and render decisions respecting a claim (or denial of a claim for) a benefit under the Plan; and H:\40032\001\PLN\edmonds restatement ppa 2012 redline with shadin 13.doc Packet Page 226 of 400 (g) To adopt amendments to the Plan on behalf of the Employer (without the approval of any other body), which in the opinion of the Committee (1) are necessary to either (A) maintain the Plan and/or the Trust in tax -qualified status under Internal Revenue Code Section 401(a), 501(a) as amended, and any other relevant Internal Revenue Code section, or (B) conform to any other law; and (2) do not increase the Employer's contributions under this Plan; The Plan Committee shall have total and complete discretion to interpret and construe the Plan and to determine all questions arising in the administration, interpretation and application of the Plan. All decisions of the Plan Committee in matters properly coming before it according to the terms of this Plan, and all actions taken by the Plan Committee in the proper exercise of its adminis- trative powers, duties and responsibilities, will be final and binding upon all Employees, Participants and Beneficiaries and upon any person having or claiming any rights or interest in this Plan unless it can be shown that the decision, action, interpretation or determination was arbitrary and capricious. The Employer and the Plan Committee will make and receive any reports and information, and retain any records necessary or appropriate to the administration of this Plan or to the performance of duties hereunder, or satisfying any requirements imposed by law. In the performance of its duties, the Plan Committee will be entitled to rely on information furnished by an Employee, Participant or Beneficiary or by the Employer or Trustee. 12.6 Transmittal of Information. To enable the Committee to perform its functions, the Employer shall supply full and timely information concerning the compensation of Participants, their Actual Retirement, Death, Disability, termination of Employment or of participation, and such other pertinent facts as the Committee may require. The Committee shall advise the Trustee of such facts as may be pertinent to the Trustee's administration of the Trust. 12.7 Expenses of Administration. All expenses of administering the Plan and Trust shall H:\40032\001\PLN\edmonds restatement ppa 2012 (redline with shadino- 1-13.doc14A400321h0 .., ,.a..., ndS _,......«,.w.efAi..... 20 2 (..will., Packet Page 227 of 400 be paid out of the Trust fund, unless otherwise provided for by the Employer. The Employer may, but shall not be obligated to, pay to the Trustee, in addition to the sums contributed by the Employer under Section 4.4 of this Plan, such sums as the Employer, in its discretion, may determine in order to defray all or a portion of the expenses of administering the Plan and Trust. Notwithstanding the above, the Employer shall pay directly all expenses of Administering the provisions of the Plan and Trust with respect to Hourly Employees. The Plan Committee has discretion to determine the method of allocating reasonable Plan expenses that are charged to the Plan as a whole, and to determine which reasonable Plan expense the Plan will charge to an individual Participant's Account. The Plan Committee may adopt a reasonable, uniform and nondiscriminatory policy regarding the allocation of expenses. The Plan Committee will inform the Trustee of any method of allocating Plan expenses the Plan Committee determines under this Section. (A) Plan Expenses Charged to the Plan as a Whole: Prorata or per Capita Allocations. If the Plan Committee charges a Plan expense to the Accounts of all Participants, the Plan Committee may allocate the Plan expense either on a prorate basis or on a per capita basis, as the Plan Committee in the exercise of its discretion deems reasonable and nondiscriminatory. The "prorata" method of allocating an expense means the expense is charged on the basis of assets in the Participant's Account. The "per capita" method of allocating an expense means the expense is charged equally to each Participant's Account, without regard to the assets in the Participant's Account. (B) Plan Expenses Charged to an Individual Participant's Account. The Plan Committee, except as prohibited by applicable law, may charge a Participant's Account, ;m ,,,.,.,,,.a n o 1JA40032\001\PLN\edmonds restatement ppa 2012 redline with shadin 13.doc Packet Page 228 of 400 to Paftieipants-, for any reasonable administrative expenses incurred by the Plan directly related to that Account. The Plan Committee may charge a Participant's Account for all distributions made from that Account to the Participant, to his or her Beneficiary or to an alternate payee, including a disbursement payment for a Participant loan. The Plan Committee may charge a Participant's Account for the reasonable administrative expenses incurred in connection with a distribution made from that Account, even if the reasonable administrative expenses exceed the Participant's Account Balance. See Section 11.6 regarding charges attributable to the search of a lost Participant. (C) Charges to Former -Employee Participants. The Plan Committee, an may charge reasonable Plan administrative expenses to the Account of former -Employee Participants even if the Plan Committee does not charge reasonable Plan administrative expenses to the Accounts of current - Employee Participants. The Plan Committee may charge the Accounts for former -Employee Participants either on a prorate basis or on another reasonable basis. (D) Fee Recapture Account. A Fee Recapture Account is an account designated to receive amounts which a Plan service provider receives in the form of 12b-1 fees, sub -transfer agency fees, shareholder servicing fees or similar amounts (also known as "revenue sharing"), which are received by the service provider from a source other than the Plan and which are in excess of the amount the Plan agrees and/or the service provider agrees to receive in connection with services provided to the Plan, and into which such amounts are deposited. The Plan Committee in its discretion may use a Fee Recapture Account to pay non-settlor Plan Expenses or may treat a Recapture Account, for allocation purposes, as earnings. The Plan Committee will exercise its discretion in a reasonable, uniform and nondiscriminatory manner. 12.8 Plan DoeumentatWaCommunication, Interpretation and Construction. H:\40032\001\PLN\edmonds restatement ppa 2012 redline with shadin 13.doc Packet Page 229 of 400 (A) Plan Committee's Discretion/ Nondiscriminatory Administration. The Plan Committee has total and complete discretion to interpret and construe the Plan and to determine all questions arising in the administration, interpretation and application of the Plan. Any determination the Plan Committee makes under the Plan is final and binding upon any affected person. The Plan Committee must exercise all of its Plan powers and discretion, and perform all of its duties in a uniform and nondiscriminatory manner. (B) Written Communications. All Plan -related communications by any pgM must be in writing (which subject to Section 12.8(C) may include an electronic communication). All Participant or Beneficiary notices, designations, elections, consents or waivers must be made in a form the Plan Committee (or, as applicable, the Trustee) specifies or otherwise approves. AU person entitled to notice under the Plan may waive the notice or shorten the notice period unless such actions are contrary to applicable law. C) Use of Electronic Media. The Plan Committee may use an electronic medium to give or receive any Plan notice, communicate andpolicy, conduct any written Plan communication, satisfy any Plan filing or other compliance requirement and conduct any other Plan transaction to the extent permissible under applicable law. A Participant or a Participant's Spouse, to the extent authorized by the Plan Committee, may use any electronic medium to make or provide M Beneficiary designation, election, notice, consent or waiver under the Plan, to the extent permissible under applicable law. Any reference in this Plan to a "form," a "notice," an "election," a "consent," a "waiver," a "designation," a "policy" or to any other Plan -related communication includes an electronic version thereof as permitted under applicable law. H:\40032\001\PLN\edmondsrestatement ppa2012(redline with shading�ll-�1-13.docI4A400321h0 ..,,.a...,...a,._,.,....«,.w.efAi.....2012(Fedli., Packet Page 230 of 400 (D) Evidence. Anyone, including the Employer,quired to give data, statements or other information relevant under the terms of the Plan ("evidence")may do so by certificate, affidavit, document or other form which the person to act in reliance may consider pertinent, reliable and genuine, and to have been signed, made or presented by the proper party or parties. The Plan Committee and the Trustee are protected fully in acting and relying upon any evidence described under the immediately preceding sentence. (E) Plan Terms Binding. The Plan is binding upon the Employer, Trustee, Plan Committee, all service providers to the Plan, Participants, Beneficiaries and all other persons entitled to benefits, and upon the successors and assigns of the foregoing persons. (F) Construction/Severability. The Plan, the Trust and all other documents to which they refer, will be interpreted consistent with and to preserve tax qualification of the Plan under Code § 401(a) and tax exemption of the Trust under Code § 501(a) and also consistent with other applicable law. To the extent permissible under applicable law, any provision which a court (or other entity with binding authority to interpret the Plan) determines to be inconsistent with such construction and interpretation, is deemed severed and is of no force or effect, and the remaining Plan terms will remain in full force and effect. _ , , _ .r�.�r .rss�:�3�s!�e!r:�r • . . s aees�:r rs�s.QM �ee��s��eers�3 �sr r�e!rze!��tie!r:�e!rz� "wmpa if H:\40032\001\PLN\edmonds restatement ppa 2012 (redline with shadino-$1-13.docl4A40032100 .., ,.a..., ndS _,.stat,....efAi..... 20 2 (..will., Packet Page 231 of 400 H:\40032\001\PLN\edmonds restatement ppa 2012 redline with shadin-13.doc Packet Page 232 of 400 ARTICLE 13 AMENDMENT, TERMINATION AND DISCONTINUANCE OF CONTRIBUTIONS 13.1 Right of the Employer. The Employer shall have the right at any time to reduce, suspend or completely discontinue its contributions hereunder and to terminate or partially terminate this Plan by delivering to the Trustee written notice of such discontinuance or termination; provided that, such notice shall not be effective until a majority of the then Active Participants vote in favor. Upon complete discontinuance of the Employer's contributions, or full or partial termination of the Trust, all affected Participants' Accounts and rights to benefits shall become fully vested, and shall not thereafter be subject to forfeiture except to the extent the law or regulations may preclude such vesting in order to prevent discrimination in favor of officers or highly -compensated employees. Upon final termination of the Trust, the Employer shall direct the Trustee to distribute all assets remaining in the Trust, after payment of any expenses properly chargeable against the Trust, to the Participants in accordance with the value credited to such Participants as of the date of such termination, in cash or in kind and in such manner as the Trustee shall determine. The Employer may amend provisions of the Plan, provided that no such amendment shall enlarge the duties or liabilities of the Trustee without its consent. 13.2 Amendments to Qualify Plan. The Employer may at any time amend the Plan, in the event such amendment is necessary to qualify the Plan for tax exemption notwithstanding that such amendment may have the effect of depriving a Participant or Beneficiary of a right or benefit which has accrued. H:\40032\001\PLN\edmonds restatement ppa 2012 (redline with shadin d0c14A400321h0 u,.a...,.ndSF,.,....«,.w.efAi.....2012(Fedli., Packet Page 233 of 400 ARTICLE 14 MISCELLANEOUS PROVISIONS 14.1 Employee Rights. The Plan shall not confer upon an employee any right to be continued as such nor give any Participant, or any other person whomsoever, any legal or equitable rights against the Employer or the Trustee, unless the same shall be specifically provided for in this Plan and Trust or conferred by affirmative action of the Employer in accordance with the Plan and Trust. 14.2 No Alienation. (1) Except as provided in subsection (b) and Section 14.3 below, no Participant, former Participant, Disabled Participant or Beneficiary shall have anypower to alienate, dispose of, pledge or encumber his or her interest in the Plan and Trust while the same shall be in the possession or control of the Trustee nor shall the Trustee recognize any assignment thereof either in whole or in part, nor shall any such interest be subject to attachment, garnishment, execution following judgment or other legal process while in the hands of the Trustee. (2) If a Participant, former Participant or Disabled Participant is indebted in any way to the Employer, and such indebtedness has not been paid in full by the time of any distribution of benefits to such person under this Plan, then the Employer shall have the right to direct that payment shall first be made to the Employer in the full amount of such indebtedness and the balance distributed to such person. The Plan Committee shall direct the Trustee to make payments in accordance with this provision. This provision shall take precedence over any other provision of the Plan relating to Plan distributions. H:\40032\001\PLN\edmondsrestatement ppa2012(redline with shading��,l-�1-13.doc14A400321h0 ..,,.a...,.ndSF,.,....«,.w.efAi.....2012(Fedli., 1z deel4.\40037\!1M\DT NI,ed..., ndS _,.stat,... ent nn n P-ni; i..,.ai:..,.)1 n� �n i a,.,. Packet Page 234 of 400 14.3 Distributions Under Domestic Relations Orders. Nothing contained in this Plan prevents the Trustee, in accordance with the direction of the Plan Committee, from complying with the provisions of a qualified domestic relations order (as defined in Code § 414(p)). This Plan specifically permits distribution to an alternate payee under a qualified domestic relations order at any time, irrespective of whether the Participant has attained age fifty (50). A distribution to an alternate payee prior to the Participant's attainment of age fifty (50) is available if the order specifies distribution at that time or permits an agreement between the Plan and the alternate payee to authorize an earlier distribution. Payment may be made to the Alternate Payee, in the absence of specific instructions, as though the Participant had terminated employment on the date of the order or the date the order requires payment to begin. Nothing in this Section 14.3 gives a Participant a right to receive distribution at a time otherwise not permitted under the Plan nor does it permit the alternate payee to receive a form of payment not otherwise permitted under the Plan. The Plan Committee shall will establish reasonable procedures to determine the qualified status of a domestic relations order. Upon receiving a domestic relations order the Plan Committee shallwill promptly notify the Participant and any alternate payee named in the order, in writing, of the receipt of the order and the Plan's procedures for determining the qualified status of the order. Within a reasonable period of time after receiving a domestic relations order, the Plan Committee shAwill determine the qualified status of the order and twill notify the Participant and each alternate payee, in writing, of its determination. The Plan Committee sha4will provide notice under this pafag =aphSection 14.2 by mailing to the individual's address specified in the domestic relations order, or in a manner consistent with Department of Labor regulations applicable to ERISA plans. H:\40032\001\PLN\edmondsrestatement ppa2012(redline with shading��l-�1-13.docI4A400321h0 ..,,.a...,.ndSF,.,.«..«,....efAi.....2012(Fedli., 1z deel4.\40037\!1M\DT NI,ed..., ndS _,.stat,... ent nnn P-ni; i..,.ai:..,.)1 n� �n i- a,.,. Packet Page 235 of 400 If any portion of the Participant's benefits under this Plan are payable during the period the Plan Committee is making its determination of the qualified status of the domestic relations order, the Plan Committee must -will make a separate accounting of the amounts payable. If the Plan Committee determines the order is a qualified domestic relations order within 18 months of the date amounts first are payable following receipt of the domestic relations order, the Plan Committee will direct the Trustee to distribute the payable amounts in accordance with the order. If the Plan Committee does not make its determination of the qualified status of the order within the 18 month determination period, the Plan Committee will direct the Trustee to distribute the payable amount in the manner the Plan would distribute if the order did not exist and will apply the order prospectively if the Plan Committee later determines the order is a qualified domestic relations order. To the extent it is not inconsistent with the provisions of the qualified domestic relations order, the Plan Committee may direct the Trustee to invest any partitioned amount in a segregated subaccount or separate account and to invest the account in federally insured, interest -bearing savings account(s) or time deposit(s) (or a combination of both), or in other fixed income investments. A segregated subaccount remains a part of the Trust, but it alone shares in any income it earns and it alone bears any expense or loss it incurs. The Trustee will make any payments or distributions required under this Section 14.3 by separate benefit checks or other separate distribution to the alternate payee(s). Notwithstanding any other provision in this Plan, the Participant's and/or the Alternate Pam Account that is the subject teof a domestic relations order shall alone bear any expenses in connection with processing the domestic relations order and determination of its qualified status. 14.4 Payments to Alternate Persons; Distribution of Small Accounts. (1) If the Trustee deems any person incapable of receiving benefits to H:\40032\001\PLN\edmonds restatement ppa 2012 redline with shadin 13.doc Packet Page 236 of 400 which he or she is entitled by reason of minority, illness, infirmity, or other incapacity, he or she may make payment directly for the benefit of such person to any person selected by the Plan Committee to receive such payment. Such payments shall, to the extent thereof, discharge all liability of the Trustee, and the Fund. (2) Any payment to any Participant, Retired or Disabled Participant or legal representative or Beneficiary, in accordance with the provisions of this Plan, shall to the extent thereof be in full satisfaction of all claims hereunder against the Trustee, the Administrator, the Plan Committee and the Employer, any of whom may require such Participant, Retired or Disabled Participant, legal representative or Beneficiary, as a condition precedent to such payment, to execute a receipt and release therefore in such form as shall be determined by the Trustee, the Plan Committee or the Employer as the case may be. 14.5 Mergers and Consolidations. This Plan and Trust may not merge or consolidate with, or transfer its assets or liabilities to, any other plan unless each Participant in the Plan would (if the Plan subsequently terminated) receive a benefit of equal or greater value immediately after the merger or consolidation than the benefit he or she would have received immediately before such merger or consolidation (if the Plan had then terminated). 14.6 Headings and Subheadings. The headings and subheadings in this Plan are inserted for convenience of reference only and are not to be considered in construction of the provisions hereof. 14.7 Counterparts. This Plan has been executed in counterparts each of which shall be deemed an original. 14.8 Construction. This Plan and the Trust to which it is attached shall be construed, H:\40032\001\PLN\edmondsrestatement ppa2012 (redline with shadin"- 1-13.docI4A400321h0 ..,,.a...,.ndSF,.,....«,.w.efAi.....2012(Fedli., Packet Page 237 of 400 administered and governed in all respects by the laws of the State of Washington except to the extent superseded by Federal Law or it would conflict with Federal Law. 14.9 Direct Transfers. The Trustee possesses the specific authority to enter into direct transfer of assets agreements with the trustees of other retirement plans described in Code Section 401(a) and to accept the direct transfer of plan assets, or to transfer plan assets, as a party to any such agreement. H:\40032\001\PLN\edmonds restatement ppa 2012 redline with shadin 13.doc Packet Page 238 of 400 ARTICLE 15 BENEFIT APPLICATION AND REVIEW PROCEDURE 15.1 Benefit Application. All applications for Plan benefits shall be sent to the Plan Committee on forms prescribed by it, signed by the Participant, or, if for a death benefit, by the Participant's Beneficiary. Such application shall be acted on within thirty (30) days after receipt. If any application is denied in whole or in part, the Plan Committee, within a reasonable time after receipt of the application, (based upon the Plan Committee's customary procedures in processing such claims) shall notify the applicant, advise him or her of his or her right to review, and set forth, in a manner calculated to be understood by the applicant, specific reasons for such denial, specific references to the Plan provisions on which the denial is based, a description of any additional information or material necessary for him or her to perfect his or her application, an explanation of why such material is necessary, and an explanation of the Plan's review procedure. 15.2 Benefit Denials. In the event a Participant's application for benefits is denied in whole or in part, he or she or his or her duly authorized representative may appeal such denial to the Plan Committee for a full and fair review thereof by sending to the Plan Committee a written request for review within ninety (90) days after receiving notice of denial. The Plan Committee shall give the applicant an opportunity to review pertinent documents in preparing his or her request for review. The request shall set forth all grounds on which it is based, supporting facts and other matters which the applicant deems pertinent. The Plan Committee may require the applicant to submit such additional facts, documents, or other material as it deems necessary or advisable in making its review and shall act upon such request within sixty (60) days after receipt thereof unless special H:\40032\001\PLN\edmonds restatement ppa 2012 (redline with shadin d0c14A400321h0 u,.a...,.ndSF,.,....«,.w.efAi.....2012(Fedli., Packet Page 239 of 400 circumstances require further time. If the Plan Committee confirms the denial in whole or in part, the Plan Committee shall notify the applicant, setting forth in a manner calculated to be understood by him, specific reasons for denial and specific references to Plan provisions on which the decision was based. H:\40032\001\PLN\edmondsrestatement ppa2012(redline with shading-�1-13.doc14A400321h0 u,.a...,.ndSF,.,....«,.w.efAi.....2012(Fedli., 1 z deel4.\40037\!1M \DT NI,ed..., ndS _,.stat,... ent nn n 2012 i..,.ai:..,.� A - i - a,.,. Packet Page 240 of 400 ARTICLE 16 ROLLOVER DISTRIBUTION 16.1 Participant Rollover Contributions. Any Participant, with the Plan Committee's consent and after filing any form(s) prescribed by the Plan Committee, may eent,.ibu4e east, or othe, pr-epet4y to the Trust if the ,.,,,.,bubo ismake a "Rollover Contribution" to the Trust. A Rollover Contribution means an amount of cash or property (including a participant loan from another plan) which the Code permits an Eligible Employee or Participant to transfer directly or indirectly to this Plan from another Eligible Retirement Plan (or vice versa) within the meaning of Code § 402(c)(8)(B) and Section 16.2(d)(2 .-- dhl ;i-b 4l:l,v r ede po... its a Employee t tf as f Y either- di-v..* (A) Policy Regarding Rollover Acceptance. Before accepting a Rollover Contribution, the Plan Committee may require an Employee to furnish satisfactory evidence that the proposed transfer is in fact a "Rollover Contribution" which the Code permits an Employee to make to a qualified plan. The Committee in its sole discretion, may decline to accept a Rollover Contribution of property which could: (i) generate unrelated business taxable income; (ii) create difficulty or undue expense in storage, safekeeping or valuation; (iii) create other administrative problems for the Plan or Trust. The Plan Committee, operationally and on a uniform and nondiscriminatory basis, may limit the source of Rollover Contributions that may be accepted by this Plan. The Plan Committee may adopt, amend or terminate any procedures and rules as it deems necessary or desirable to comply with the requirements and guide its decisions regarding Rollover Contributions it will accept. H:\40032\001\PLN\edmondsrestatement ppa2012 redline withshadin 1-13.doc Packet Page 241 of 400 The Trustee will invest the Rollover Contribution as part of and in the same manner as the rest of the Trust Fund. As of the Accounting Date (or other valuation date) for each Plan Year, the Plan Committee will allocate and credit the net income (or net loss) from an Employee's Rollover Contributions Account and the increase or decrease in the fair market value of the assets of the Rollover Contributions Account in the same manner as all other Participant Accounts. 16.2 Direct Rollovers. (A) Participant Election. Notwithstanding any provision of the Plan to the contrary that would otherwise limit a T'ieeParticipanfs election under this Article, a T'ieeParticipant may elect, at the time and in the manner prescribed by the Plan AdministratofCommittee, to have any portion of an Eligible Rollover Distribution from the Plan paid directly to an Eligible Retirement Plan specified by the DistributeeParticipant in a Direct Rollover. For purposes of this Section 16.2, a Participant includes as to their respective interests, a Participant's surviving Spouse and the Participant's Spouse or former Spouse who is an alternate payee under a QDRO. A non -Spouse Designated Beneficiary also has rollover rights as described in Section 16.2(e).m ease of „her- to ro n (within the meaning fSeetio 408(d)(3vr) of the Code) The Plan Committee may develop procedures as it deems necessary or desirable to comply with the requirements applicable to direct transfers, including any exceptions to the requirements and subsequent changes made by law or Treasury regulations. (B) Rollover and Withholding Notice. At least 30 days but not more than 180 days prior to the H:\40032\001\PLN\edmonds restatement ppa 2012 redline with shadin 1-13.doc Packet Page 242 of 400 Trustee's distribution of an Eligible Rollover Distribution, the Plan Committee must provide a written notice (including a summary notice as permitted under applicable Treasu , regulations) explaining to the distributee the rollover option, the applicability of mandatory 20% federal income tax withholdingty amount not directly rolled over, and the recipient's right to roll over the distribution within 60 days after the date of receipt of the distribution ("rollover notice" applicable, the rollover notice also must explain the availability of income averaging and the exclusion of net unrealized appreciation. A recipient of an Eligible Rollover Distribution (whether he or she elects a Direct Rollover or elects to receive the distribution), also may elect to receive distribution at any administratively practicable time which is earlier than 30 days followingreceipt eceipt of the rollover notice. The distribution notice must include a description of a Participant's right,� to defer receipt of a distribution and also must describe the consequences of failing to defer receipt of the distribution. The specific notice content must comply with Applicable law. (C) Limitation on Employee Contribution and Roth Rollovers. (1) Employee Contributions. The non-taxable portion of a Participant's Employee Contribution Account only may be transferred by means of a Direct Rollover to a qualified Defined Contribution Plan described in Code §§ 401 a or 403(a), or for taxable years beginning after December 31, 2006, to a Code § 403(b) plan, that agrees to account separately for amounts so transferred, including accounting separately for the portion of such distribution which is includible in gross income and the portion of such distribution which is not includible in gross income. The non- taxable portion of a Participant's Employee Contributions also may be transferred by a Direct Rollover or by a 60-day rollover to an Individual Retirement Plan. For purposes of a rollover of a distribution which includes both Employee Contributions and pre-tax amounts, the Plan Committee will treat the first amounts rolled over as attributable to the pre-tax amounts. H:\40032\001\PLN\edmonds restatement ppa 2012 redline with shadin 13.doc Packet Page 243 of 400 (2) Roth Deferrals. Except as otherwise described, the provisions of this Section 16.2(c)gpply for taxable years commencing on or after January 1, 2006. A Participant's Roth Deferral Account only may be transferred by means of a Direct Rollover to a qualified defined contribution plan described in Code § 401(k), to a Code § 403(b) plan that permits Roth deferrals, or, commencing January 1, 2011, to a governmental 457(b) plan which permits Roth deferrals. A Participant also may transfer the taxable portion of his or her Roth Deferral Account by a 60-day rollover to a qualified defined contribution plan under Code 401(k), to a Code§ 403(b) plan, or commencingJanuary 1, 2011, to a governmental 457(b)plan. A Participant's Roth Deferral Account also may be transferred by a Direct Rollover or by a 60-day rollover to a Roth Individual Retirement Plan. (D) Definitions. The following definitions apply to this Section 16.2: (1) Direct Rollover. A Direct Rollover is a payment by the Plan to the Eligible Retirement Plan the distributee specifies in his or her Direct Rollover election. (2) Eligible Retirement Plan. An Eligible Retirement Plan is an individual retirement account described in Code § 408(a), an individual retirement annuity described in Code § 408(b), an annuity plan described in Code § 403(a), a qualified trust described in Code § 401(a), an arrangement described in Code § 403(b), an eligible governmental deferred compensation plan described in Code § 457(b), or for distributions made after December 31, 2007, a Roth IRA described in Code § 408A(b). However, with regard to a Participant's Roth Deferral Account, an Eligible Retirement Plan is a Roth IRA described in Code § 408A, a Roth account in another 401(k)plan which permits Roth deferrals, a Roth account in a 403(b)plan which permits H:\40032\001\PLN\edmondsrestatement ppa2012 redline with shadin 1-13.doc Packet Page 244 of 400 Roth deferrals or for distributions made after December 31, 2010, a Roth account in an eligible governmental 457(b) plan which permits Roth deferrals. (3) Eligible Rollover Distribution. An Eligible Rollover Distribution is any distribution of all or any portion of the Participant's Vested Account Balance, except: (a) any distribution which is one of a series of substantially equal periodic payments (not less frequently, than han annually) made for the life (or life expectancy) of the Participant or the joint lives (or joint life expectancies) of the Participant and the Participant's Designated Beneficiary, or for a specified period of ten years or more; (b)y distribution to the extent required under Code , 4�01(a)(9); (c) the portion of any distribution which is not includible in gross income (except for Roth Deferral Accounts, Employee Contributions and determined without regard to the exclusion of net unrealized appreciation with respect to employer securities); (d) any hardship distribution; (e) a corrective distribution made under Article 4: (f) a deemed distribution resulting from a defaulted Partici loan which is not also an offset distribution; (g)y other distributions described in Treas. Reg. § 1.402 c -2; and h) as to a Direct Rollover, any distribution which otherwise would be an Eligible Rollover Distribution, but where the total distributions to the Participant during that calendar year are reasonably expected to be less than $200. For purposes of clause (h), a Participant's Roth Deferral Account is deemed to constitute a separate plan that is subject to a separate $200 limit. The Plan Committee, in a form on which a Participant may elect a Direct Rollover, may restrict a Participant from directly rolling over only a part of an Eligible Rollover Distribution where the distribution amount does not exceed $500. In the case of such distribution exceediniz $500. the Plan Committee's form may require that any amount the Participant elects to directly roll over be equal to $500 or a lesser specified amount. H:\40032\001\PLN\edmonds restatement ppa 2012 redline with shadin 13.doc Packet Page 245 of 400 (4) Individual Retirement Plan (or IRA). An Individual Retirement Plan or IRA) is an individual retirement account described in Code & 408(a) or an individual retirement annuity described in Code 4�08(b), and, as the context requires, includes a Roth individual retirement account or a Roth individual retirement annui (E) Non -Spouse Designated Beneficiary Direct Rollover. For distributions made after December 31, 2006, a non -Spouse Designated Beneficiary (including a trust which qualifies as a Designated Beneficiary�, by a Direct Rollover, may roll over an Eligible Rollover Distribution to an Eligible Retirement Plan; provided that for this purpose, an Eligible Retirement Plan is an Individual Retirement Plan that the non -Spouse Designated Beneficiary establishes for purposes of receiving the distribution and which is treated as an inherited IRA under Code § 408(d)(3)(C). If a non -Spouse Designated Beneficiary receives a distribution from the Plan, the distribution is not eligible for a 60- day rollover. (1) Certain Requirements Not Applicable Before 2010. Although a non -Spouse Designated Beneficiary may roll over directly a distribution as provided in this Section 16.2(e), gLny distribution made prior to January 1, 2010, is not subject to the Direct Rollover requirements of Code § 401(a)(31) (including Code § 40 1 (a)(3 1)(B)), the notice requirements of Code § 402(f) or the mandatory withholding requirements of Code § 3405(c)). (2) Required Minimum Distributions Not Eligible for Rollover. A non -Spouse Designated Beneficiary may not roll over an amount which is a required minimum distribution. If the Participant dies before his or her required beginning date and the non -Spouse Designated Beneficiary rolls over to an IRA the maximum amount eligible for rollover, the Beneficiary may elect to use either the Life Expectancy rule under Section 8.2(D)(2)(a) or the 5-year restatement ppa 2012 redline with shadin 13.doc Packet Page 246 of 400 rule under Section 8.2(D)(2)(b), in determiningthe he required minimum distributions from the IRA that receives the non -Spouse Beneficiary's Direct Rollover distribution. A ll SIS,.:.•�:.,..:. ......... .... MM .....:I:.�.9 t,:.9:� J�,.:/:�%t..:.� 1,:.�1 �:,.,1, �. 1, 5,. J:..I,lt,:.,,!•.\):. 1!•.:.�/l, S:,l%.�1.:MOI.TI H:\40032\001\PLN\edmonds restatement ppa 2012 redline with shading)13.doc Packet Page 247 of 400 w:•��.:�.�:�0..:n.:�n�.��..�.a::�:�ua�..0��or.�n�u �.�:� n.��.e:..,.u�.r:.0..:.�ir�a...�..;c......�0.:. n.: n0.. I I ■ ■ .:i.�i�iuu��n♦... ........ c..:.:....i....i�-.:i�r—�.�o�.ii.:.��.:r:i.i�r��r♦..n�.�.:ra.♦:�.♦. n♦s..: a: �.:��::r:i.u� w: aA��..w..rw..u�� - H:\40032\001\PLN\edmondsrestatement ppa2012 redline with shading) - 1-13.doc Packet Page 248 of 400 ARTICLE 17 PROVISIONS RELATING TO INSURANCE AND INSURANCE COMPANY 17.1 Insurance Benefit. The Plan Committee may elect to provide Incidental Life Insurance Benefits for insurable Participants, in its sole discretion, in place of the current Survivor Life coverage provided outside of the Plan. The Trustee or Plan Committee will not purchase any incidental life insurance benefit for any Participant prior to an allocation to the Participant's Account. The Plan Committee will direct the Trustee to, or the Plan Committee will directly, use all or any portion of the Participant's mandatory after tax contributions under Section 4.1(a) to pay insurance premiums covering the Participant's life. No Employer contributions (including picked up contributions) or earnings will be used to pay for insurance premiums. The Plan Committee will direct the Trustee as to the insurance company and insurance agent through which the Trustee or Plan Committee is to purchase the insurance contracts, the amount of the coverage and the applicable dividend plan. Each application for a policy, and the policies themselves, must designate the Trustee as sole owner, with the right reserved to the Trustee to exercise any right or option contained in the policies, subj ect to the terms and provisions of this Plan. The Trustee must be the named beneficiary for the Account of the insured Participant. Proceeds of insurance contracts paid to the Participant's Employee Contribution Account under this Article 17 are subject to the distribution requirements of Articles 7, 8, 9 and 10. The Trustee will not retain any such proceeds for the benefit of the Trust. The Plan Committee is specifically authorized to pay insurance premiums from the Participant's mandatory after tax contributions withheld and remit the remainder to the Trustee for H:\40032\001\PLN\edmondsrestatement ppa2012(redline with shading�iZl-�1-13.doc14A400321h0 u,.a...,.ndSF,.,....«,.w.efAi.....2012(Fedli., �n i � a,.,. Packet Page 249 of 400 allocation according to the Plan. The Plan Committee will charge the premiums on any incidental benefit insurance contract covering the life of a Participant against the Employee Basic Contribution Account of that Participant. The Trustee will hold all incidental benefit insurance contracts issued under the Plan as assets of the Trust created under the Plan. However, such contracts and the cash or reserve values shall not be deemed part of the Trust Fund for purposes of the allocation of profit and loss of the Trust under Section 5.3. (a) Incidental insurance benefits. The aggregate of life insurance premiums paid for the benefit of a Participant, at all times, may not exceed the following percentages of the aggregate of the Employer's contributions allocated to any Participant's Account: (i) 49% in the case of the purchase of ordinary life insurance contracts; or (ii) 25% in the case of the purchase of term life insurance or universal life insurance contracts. If the Trustee purchases a combination of ordinary life insurance contract(s) and term life insurance or universal life insurance contract(s), then the sum of one-half of the premiums paid for the ordinary life insurance contract(s) and the premiums paid for the term life insurance or universal life insurance contract(s) may not exceed 25% of the Employer contributions allocated to any Participant's Account. (b) Exception for certain insurance benefits. The incidental insurance benefits requirement does not apply to the Plan if the Plan purchases life insurance benefits only from Employee mandatory after tax contributions under Section 4.1(a). It is intended that the Plan Committee will not use any Employer contributions (including picked up contributions) or earnings to purchase life insurance. 17.2 Limitation on Life Insurance Protection. The Trustee will not continue any life insurance protection for any Participant beyond his or her actual retirement date (as defined in Article 7). If the Trustee holds any incidental benefit insurance contract(s) for the benefit of a HA40032\001\PLN\edmonds restatement ppa 2012 (redline with shading�iZldoc14A400321h0 u ,.a...,.ndS F,.,.«..«,....efAi..... 2012 (.will., 1 z !1 deel4.\40037\M \DT NI,ed..., ndS _,.stat,... n ent nn 2012 i..,.ai:..,.� on i a,.,. Packet Page 250 of 400 Participant when he or she terminates his or her employment (other than by reason of death), the Trustee will transfer the contract(s) to the Participant endorsed so as to vest in the transferee all right, title and interest to the contract(s), free and clear of the Trust; subject however, to restrictions as to surrender or payment of benefits as the issuing insurance company may permit and as the Plan Committee directs. In accordance with the written direction of the Plan Committee, the Trustee will make any transfer of contract(s) under this Section 17.2 on the Participant's distribution date (or as soon as administratively practicable after that date). 17.3 Definitions. For purposes of this Article 17: (a) Policy means an ordinary life insurance contract or a Term Life Insurance Contract issued by an insurer on the life of a Participant. (b) Issuing Insurance Company is any life insurance company which has issued a policy upon application by the Plan Committee under the terms of this Plan. (c) Contract or Contracts means a policy of insurance. In the event of any conflict between the provisions of this Plan and the terms of any contract or policy of insurance issued in accordance with this Article 17, the provisions of the Plan control. (d) Insurable Participant means a Participant to whom an insurance company, upon an application being submitted in accordance with the Plan, will issue insurance coverage, either as a standard risk or as a risk in an extra mortality classification. 17.4 Dividend Plan. The dividend plan is premium reduction unless the Plan Committee directs the Trustee to the contrary. The Trustee must use all dividends for a contract to purchase insurance benefits for the Participant on whose life the insurance company has issued the contract. Furthermore, the Trustee must arrange, where possible, for all policies issued on the lives of Partici- H:\40032\001\PLN\edmonds restatement ppa 2012 redline with shadin 13.doc Packet Page 251 of 400 pants under the Plan to have the same premium due date and all ordinary life insurance contracts to contain guaranteed cash values with as uniform basic options as are possible to obtain. The term "dividends" includes policy dividends, refunds of premiums and other credits. To the extent dividends are not used to purchase insurance benefits, they shall be credited to the insured Partici- pant's Employee Contribution Account as applicable. 17.5 Insurance Company Not a Party to Agreement. No insurance company, solely in its capacity as an issuing insurance company, is a party to this Agreement nor is the company responsible for its validity. 17.6 Insurance Company Not Responsible for Trustee's Actions. No insurance company, solely in its capacity as an issuing insurance company, need examine the terms of this Plan nor is responsible for any action taken by the Plan Committee or Trustee. 17.7 Insurance Company Reliance on Trustee's Signature. For the purpose of making application to an insurance company and in the exercise of any right or option contained in any policy, the insurance company may rely upon the signature of the Trustee and is saved harmless and completely discharged in acting at the direction and authorization of the Trustee. 17.8 Acquittance. An insurance company is discharged from all liability for any amount paid to the Trustee or paid in accordance with the direction of the Trustee, and is not obliged to see to the distribution or further application of any moneys it so pays. 17.9 Duties of Insurance Company. Each insurance company must keep such records, make such identification of contracts, funds and accounts within funds, and supply such information as may be necessary for the proper administration of the Plan under which it is carrying insurance benefits. H:\40032\001\PLN\edmonds restatement ppa 2012 (redline with shadin doc14A400321h0 u,.a...,.ndSF,.,....«,.w.efAi.....2012(Fedli., Packet Page 252 of 400 ARTICLE 18 CODE SECTION 401(k) AND CODE SECTION 401(m) ARRANGEMENTS [Reserved] IN WITNESS WHEREOF, the parties hereto have caused this City of Edmonds Employees' Retirement Benefit Plan Amended Agreement to be executed this day of , 2008. CITY OF EDMONDS, WASHINGTON WILMINGTON TRUST RETIREMENT Employer AND INSTITUTIONAL SERVICES COMPANY Trustee Its: Its: H:\40032\001\PLN\edmondsrestatement ppa2012 redline with shadin 1-13.d0c Packet Page 253 of 400 AM-6386 City Council Meeting and Committee Meetings Meeting Date: 12/10/2013 Time: 10 Minutes Submitted For: Roger Neumaier Department: Finance Committee: Finance Subject Title 2013 Final Budget Amendment Recommendation Forward to full Council for approval Previous Council Action None Narrative There are a total of 8 budget amendments. Submitted By: Debra Sharp Tyne: Action Information 10. C. Two of the amendments have been before Council prevously and require formal budget appropriation. The first is in relation to the Meiers Settlement that was approved by Council in September of 2013. The second is budget appropriation for the ESCO III Project that was authorized by Council in March of 2013. Five of the amendments address year-end reviews of departments and funds. These departments request budget appropriation to complete the year within budget. There is one new amendment requesting budget appropriation to purchase the Tyler Advanced Budgeting Module. Attachments 2013 Final Budget Amendment Form Review Inbox Reviewed By Finance Roger Neumaier City Clerk Scott Passey Mayor Dave Earling Finalize for Agenda Scott Passey Form Started By: Debra Sharp Final Approval Date: 12/05/2013 Date 12/05/2013 12:52 PM 12/05/2013 12:57 PM 12/05/2013 01:47 PM 12/05/2013 02:44 PM Started On: 12/05/2013 09:11 AM Packet Page 254 of 400 ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING ORDINANCE NO. 3950 AS A RESULT OF UNANTICIPATED EXPENDITURES OF THE GENERAL FUND, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, previous actions taken by the City Council require Interfund Transfers and increases in appropriations; and WHEREAS, state law requires an ordinance be adopted whenever money is transferred from one fund to another; and WHEREAS, the City Council has reviewed the amended budget appropriations and information which was made available; and approves the appropriation of local, state, and federal funds and the increase or decrease from previously approved programs within the 2013 Budget; and THEREFORE, WHEREAS, the applications of funds have been identified; THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Section 1. of Ordinance No. 3950 adopting the final budget for the fiscal year 2013 is hereby amended to reflect the changes shown in Exhibits A, B, C, D, and E adopted herein by reference. Section 2. Effective Date. This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum, and shall take 1 Packet Page 255 of 400 effect five (5) days after passage and publication of an approved summary thereof consisting of the title. APPROVED: MAYOR, DAVE EARLING ATTEST/AUTHENTICATE: CITY CLERK, SCOTT PASSEY APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: M. JEFF TARADAY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. 2 Packet Page 256 of 400 SUMMARY OF ORDINANCE NO. of the City of Edmonds, Washington On the day of , 2013, the City Council of the City of Edmonds, passed Ordinance No. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF ORDINANCE NO. 3950 AS A RESULT EXPENDITURES OF VARIOUS FUNDS, SHALL BECOME EFFECTIVE. EDMONDS, WASHINGTON, AMENDING OF UNANTICIPATED TRANSFERS AND AND FIXING A TIME WHEN THE SAME The full text of this Ordinance will be mailed upon request. DATED this day of 32013. CITY CLERK, SCOTT PASSEY 3 Packet Page 257 of 400 EXHIBIT "A": Budget Amendments by Revenue (December 2013) FUND NO. FUND DESCRIPTION ORD. NO. 3904 12/11/2012 ORD. NO. 3913 2/2013 ORD. NO. 3920 5/2013 ORD. NO. 3939 8/2013 ORD. NO. 3942 9/2013 ORD. NO. 3950 11/2013 ORD. NO. 12/2013 2013 Amended Budget 001 General Fund $ 32,846,292 $ 12,297 $ 23,500 $ 11,868 $ $ 14,753 $ $ 32,908,710 009 Leoff-Medical Ins. Reserve 600,350 (250,000) - - - 350,350 011 Risk Management Reserve Fund 418,200 250,000 668,200 012 Contingency Reserve Fund 123,223 - - 123,223 014 Historic Preservation Gift Fund - 15,000 15,000 016 Building Maintenance 56,900 - 528,118 585,018 104 Drug Enforcement Fund 20,175 - 20,175 111 Street Fund 1,406,800 - 40,000 1,446,800 112 Combined StreetConst/Improve 6,223,755 140,000 118,274 (1,113,500) 5,368,529 117 Municipal Arts Acquis. Fund 59,891 - 9,994 69,885 118 Memorial Street Tree 27 - 27 120 Hotel/Motel Tax Revenue Fund 52,870 52,870 121 Employee Parking Permit Fund 18,120 18,120 122 Youth Scholarship Fund 2,025 2,025 123 Tourism Promotional Fund/Arts 19,000 - 19,000 125 ParkAcq/Improvement 650,600 12,000 115,232 777,832 126 Special Capital Fund 650,600 - - 650,600 127 Gifts Catalog Fund 20,483 - 16,000 36,483 129 Special Projects Fund 14,700 208,100 - 222,800 130 Cemetery Maintenance/Improv 119,950 - 119,950 132 Parks Construction 1,869,500 140,850 (2,000) 2,008,350 136 Parks Trust Fund 228 - 228 137 Cemetery Maintenance Trust I'd 14,600 - 14,600 138 Sister City Commission 3,517 4,500 - 1,350 9,367 139 Transportation Benefit District 645,000 - 40,000 - 685,000 211 Lid Fund Control 22,130 - 22,130 213 Lid Guaranty Fund 22,230 - 22,230 231 2012 LTGO Debt Service fund - 1,009,902 1,009,902 234 Ltgo Bond Debt Service Fund 414,500 (414,500) - 421 Water 10,625,680 10,492,965 21,118,645 422 Storm 3,486,716 1,754,101 5,240,817 423 Sewer/Treatment Plant 11,020,123 17,182,565 28,202,688 424 Bond Reserve Fund - 1,115,174 1,115,174 511 Equipment Rental Fund 1,361,972 - 1,361,972 617 1 Firemen's Pension Fund 45,400 45,400 Totals $ 72,835,557 1 $ 733,649 $ 163,500 1 $ 525,868 1 $ 1 $ 29,524,058 $ 529,468 1 $ 104,312,100 Packet Page 258 of 400 EXHIBIT "B": Budget Amendments by Expenditure (December 2013) FUND NO. FUND DESCRIPTION ORD. NO. 3904 12/11/2012 ORD. NO. 3913 2/2013 ORD. NO. 3920 5/2013 ORD. NO. 3939 8/2013 ORD. NO. 3942 9/2013 ORD. NO. 3950 11/2013 ORD. NO. 12/2013 2013 Amended Budget 001 General Fund $ 32,836,495 $ 123,008 $ 47,500 $ 322,810 $ 34,852 63,983 46,722 $ 33,475,370 009 Leoff-Medical Ins. Reserve 619,400 - - - - - - 619,400 011 Risk Management Reserve Fund 661,000 - 661,000 014 Historic Preservation Gift Fund - 15,000 - 15,000 016 Building Maintenance 35,000 170,000 - 528,118 733,118 104 Drug Enforcement Fund 80,033 - 500 - 80,533 111 Street Fund 1,557,715 - - - - 1,557,715 112 Combined Street Const/Improve 6,304,984 20,000 140,000 194,260 (1,151,000) 5,508,244 117 Municipal Arts Acquis. Fund 130,600 9,200 - 9,994 149,794 120 Hotel/Motel Tax Revenue Fund 68,500 - - 68,500 121 Employee Parking Permit Fund 26,726 660 27,386 122 Youth Scholarship Fund 4,000 - 4,000 123 Tourism Promotional Fund/Arts 19,000 - - - 19,000 125 ParkAcq/Improvement 964,000 322,500 115,232 120,000 1,521,732 126 Special Capital Fund 662,105 6,429 - - 668,534 127 Gifts Catalog Fund 20,020 12,297 11,000 43,317 129 Special Projects Fund 14,700 208,100 - 222,800 130 Cemetery Maintenance/Improv 152,761 - 152,761 132 Parks Construction 1,887,500 205,700 - (2,000) - 2,091,200 138 Sister City Commission 4,600 - 9,137 - 4,412 18,149 139 Transportation Benefit District 645,000 - 40,000 - 685,000 211 Lid Fund Control 22,130 - - 22,130 231 2012LTGO Debt Service Fund - 1,009,902 1,009,902 234 Ltgo Bond Debt Service Fund 388,671 (388,671) - 421 Water 9,195,130 6,720 112,140 10,551,953 (4,981,417) 14,884,526 422 Storm 4,471,135 94,637 20,000 1,757,499 (701,029) 5,642,242 423 Sewer/Treatment Pla nt 16,854,966 (24,857) 1,337,910 (6,553) 17,290,451 (8,262,835) 27,189,082 424 Bond Reserve Fund - - - 272,659 272,659 511 Equipment Rental Fund 1,042,840 52,532 - 1,095,372 617 Firemen's Pension Fund 108,790 - - - - 108,790 Totals $ 78,777,801 $ 1,842,497 $ 1,525,410 $ 788,020 $ 34,852 1 $ 28,824,045 1 $ (13,245,369) $ 98,547,256 Packet Page 259 of 400 EXHIBIT "C: Budget Amendment (December 2013) Fund BARS Category Debit Credit Description Budget Amendments General Fund 001 000 11 511 60 41 00 Professional Services 10,000 Council Professional Sery General Fund 001 000 36 515 031 41 00 Professional Services 10,000 General Fund 001 000 25 514 30 11 00 Salaries 10,000 City Clerk Separation Payout General Fund 001 000 39 518 10 11 10 Salaries 10,000 General Fund 001 000 31 518 88 31 00 Supplies 10,403 Tyler Budget Module General Fund 001 000 31 518 88 41 00 Professional Services 6,000 General Fund 001 000 39 508 00 00 00 Ending Fund Balance 16,403 General Fund 001 000 65 519 91 11 00 Salaries 2,500 Salary Adjustment General Fund 001 000 39 508 00 00 00 Ending Fund Balance 2,500 Parking Permit Fund 121 000 25 517 90 35 00 Small Equipment 660 Mobile Docking Station Parking Permit Fund 121 000 25 508 00 00 00 Ending Fund Balance 660 Sister City 138 100 21 557 21 49 00 Miscellaneous 2,946 Sister City Expenditure Update Sister City 138 100 21 508 00 00 00 Ending Fund Balance 2,946 Sister City 138 200 367 00 000 00 Contributions 500 Sister City 138 200 367 00 100 00 Anniversary Cont 1,850 Sister City 138 200 21 557 21 49 00 Miscellaneous 1,466 Sister City 138 200 21 508 00 00 00 Ending Fund Balance 116 Stormwater Utility 422 000 72 594 31 41 20 Professional Services 130,388 190th St Sw Retaining Wall Stormwater Utility 422 000 72 508 00 00 00 Ending Fund Balance 130,388 Building Maintenance 016 000 66 518 30 48 00 Repair & Maint 750,268 ESCO III Project Building Maintenance 016 000 66 518 30 48 91 Reimb from other fund (222,150) Building Maintenance 016 000 333 14 000 00 Grants 187,566 Building Maintenance 016 000 337 07 000 00 Grants 60,376 Building Maintenance 016 000 3* Loan-# to be assiged 280,176 REET 2 1251 0001 64 576 80 48 90 Reimb to other fund 120,000 REET 2 125 000 64 508 00 00 00 Ending Fund Balance 120,000 General Fund 001 000 39 518 30 48 90 1 Reimb to other fund 27,819 General Fund 001 000 39 508 00 00 00 Ending Fund Balance 27,819 Water Utility 421 000 74 534 80 48 90 Reimb to other fund 18,583 Water Utility 421 000 74 508 00 00 00 Ending Fund Balance 18,583 Stormwater Utility 422 000 72 531 90 48 90 Reimb to other fund 18,583 Stormwater Utility 422 000 72 508 00 00 00 Ending Fund Balance 18,583 Sewer Utility 423 000 75 535 80 48 90 Reimb to other fund 18,583 WWTP Utility 423 000 76 538 80 48 90 Reimb to other fund 18,582 Sewer Utility 423 000 75 508 00 00 00 1 Ending Fund Balance 37,165 Packet Page 260 of 400 EXHIBIT "D": Budget Amendment Summary (December 2013) Fund Number Change in Beginning Fund Balance Revenue Expense Change in Ending Fund Balance 001 - 46,722 (46,722) 016 - 528,118 528,118 - 121 - 660 (660) 125 - 120,000 (120,000) 138 - 1,350 4,412 (3,062) 421 - (4,981,417) 4,981,417 422 - (701,029) 701,029 423 - 8,262,835 8,262,835 Total Change - 1 529,468 (13,245,369)1 13,774,837 Packet Page 261 of 400 EXHIBIT "E": Budget Amendments (December 2013) Prepared By: Department: Description on Budget Amendment Summary: Budget Amendment Detailed Description: Jana Spellman for Council President Petso Edmonds City Council Budget Amendment to Council Prof. Serv. The Edmonds City Council is requesting a budget amendment to the Professional Services Line item for the 2013 Council Budget. The adjustment is a re -allocation from the City Attorney budgetto the Council budget. There is no effect on ending fund balance. Expenditure Increase (Decrease) Fund # Fund Title Object BARS Number Amount 001 General Fund Professional Service 001.000.11.511.60.41.00 $ 10,000 001 General Fund Professional Service 001.000.36.515.31.41.00 (10,000) Total Expenditure Increase (Decrease) $ - Revenue (Increase) Decrease Fund Fund Title Revenue Source BARS Number Amount Total Revenue(Increase) Decreas 1 $ - Ending Fund Balance Increase (Decrease) Fund Fund Title BARS Number Amount Total Ending Fund Balance Increase (Decrease) $ - M Packet Page 262 of 400 EXHIBIT "E": Budget Amendments (December 2013) Prepared By: Deb Sharp Department: Non -Departmental Description on Budget Amendment Summary: City Clerk Separation Payout Budget Amendment Detailed Description: Sandy Chase retired effective October3l, 2013. There is money in the non -departmental budget to cover payouts at separation. The City Clerk requestthat $10,000 of the salary costs associated with the retirement payout be reimbursed to the department budgetfrom the non -departmental account. Expenditure Increase (Decrease) Fund # Fund Title Object BARS Number Amount 001 General City Clerk 001.000.25.514.30.11.00 10,000 001 General Nonde artmenta1 001.000.39.518.10.11.10 10,000) Total Expenditure Increase (Decrease) $ Revenue (Increase) Decrease Fund Fund Title Revenue Source BARS Number Amount Total Revenue (increase) Decreas $ - Ending Fund Balance Increase (Decrease) Fund Fund Title BARS Number Amount Total Ending Fund Balance Increase (Decrease) $ - PEI Packet Page 263 of 400 EXHIBIT "E": Budget Amendments (December 2013) Prepared By: Roger Neumaier Department: Finance Description on Budget Amendment Summary: Tyler Budgeting Module Budget Amendment Detailed Description: The City's financial software includes a base module for budgeting which has been used in prior years for budget development. In developing this year's budget, all departments input information directly into the budget module. While the system worked, the Finance department became aware of certain shortcomings in the software's functionality. In addition, the City has discussed moving towards outcome based budgeting. Tyler Technologies has an advance budget module which was designed to work with outcome based/priority based budgeting. Its functionality is improved over the module that we currently use. Tyler is providing a $5,500 discount to the City because we are upgrading from the base budget module. Finance is requesting budget authorization to purchase the software at this time with the intent of scheduling implementation sufficiently early to utilize the system in developing the 2015 budget. We have spoken with the City of Walla Walla which uses the module. They spoke highly of it and confirmed our expectations that it will give us additional flexibility. The quote includes software, consulting, training, conversion , and taxes. Expenditure Increase (Decrease) Fund # Fund Title Object BARS Number Amount 001 General Fund Su lies/SW 001.000.31.518.88.31.00 10,403 001 General Fund Professional Svcs 001.000.31.518.88.41.00 6,000 Total Expenditure Increase (Decrease) $ 16,403 Revenue (Increase) Decrease Fund Fund Title Revenue Source BARS Number Amount Total Revenue(Increase) Decreas 1 $ - Ending Fund Balance Increase (Decrease) Fund Fund Title BARS Number Amount 001 General Fund Fund Balance 001.000.39.508.00.00.00 (16,403) Total Ending Fund Balance Increase (Decrease) $ 16,403) 10 Packet Page 264 of 400 EXHIBIT "E": Budget Amendments (December 2013) Prepared By: Kody McConnell Department: Public Works Administration Description on Budget Amendment Summary: Salary Adjustment Budget Amendment Detailed Description: Salary estimates for 2013 were slightly underestimated by 1% given unanticipated changes to non -rep compensation policy and delayed step increase for administative assistant. Expenditure Increase (Decrease) Fund # Fund Title Object BARS Number Amount 001 General Fund Salaries 001.000.65.519.91.11.00 2,500 Total Expenditure Increase (Decrease) 1 1 $ 2,500 Revenue (increase) Decrease Fund Fund Title Revenue Source BARS Number Amount Total Revenue (Increase) Decrease I 1 1 $ - Ending Fund Balance Increase (Decrease) Fund Fund Title BARS Number Amount 001 General Fund 001.000.39.508.00.00.00 (2,500) Total Ending Fund Balance Increase (Decrease) $ (2,500) 11 Packet Page 265 of 400 EXHIBIT "E": Budget Amendments (December 2013) Prepared By: Deb Sharp Department: Finance Description on Budget Amendment Summary: Mobile Docking Station Budget Amendment Detailed Description: The City of Edmonds purchased a mobile docking station in April of 2013 using funds from the Parking Permit Fund. There is no budget for small equipment. Budget appropriation is needed sothe fund is not over budget at the end of the year. Expenditure Increase (Decrease) Fund # Fund Title Object BARS Number Amount 121 Parking Permit Fund Small Equipment 121.000.25.517.90.35.00 $ 660 Total Expenditure Increase (Decrease) $ 660 Revenue (Increase) Decrease Fund Fund Title Revenue Source BARS Number Amount Total Revenue(Increase) Decreas 1 $ - Ending Fund Balance Increase (Decrease) Fund Fund Title BARS Number Amount 121 Parking Permit Fund 121.000.25.508.00.00.00 (660) Total Ending Fund Balance Increase (Decrease) $ 660 12 Packet Page 266 of 400 EXHIBIT "E": Budget Amendments (December 2013) Prepared By: Department: Description on Budget Amendment Summary: Budget Amendment Detailed Description: Carolyn LaFave Mayor's Office Sister ON Expenditure Update The below budget line amendments represent expenditure estimates that are aligned with the costs incurred for the events surrounding the 25th Anniversary of the City's sister city relationship. Expenditure Increase (Decrease) Fund # Fund Title Object BARS Number Amount 138 Sister City Public Fund 100 138.100.21.557.21.49.00 2,946 138 Sister City Private Fund 200 138.200.21.557.21.49.00 1,466 Total Expenditure Increase (Decrease) $ 4,412 Revenue (Increase) Decrease Fund Fund Title Revenue Source BARS Number Amount 138 Sister City Private Contributions 138.200.367.00.000.00 500 138 Sister City Private Anniversary Contr. 138.200.367.00.100.00 (1,850) Total Revenue(Increase) Decreas $ (1,350) Ending Fund Balance Increase (Decrease) Fund Fund Title BARS Number Amount 138 Public Fund 100 138.100.21.508.00.00.00 (2,946) 138 Private Fund 200 138.200.51.508.00.00.00 (116) Total Ending Fund Balance Increase (Decrease) $ 13 Packet Page 267 of 400 EXHIBIT "E": Budget Amendments (December 2013) Prepared By: Rob English Department: Public Works Description on Budget Amendment Summary: 190th St SW Retaining Wall Project Budget Amendment Detailed Description: This amendment is to support a Settlement Agreement between the City of Edmonds and Anne & Michael Meiers approved by Council and signed by the Mayor on August7, 2013. The Agreement obligates the Cityto pay fora portion of a slope repair and constuction of a soldier pile retaining wall in the right-of-way. The damage occured during a large storm event in December2007. On September 10, 2013, the City Council approved additional budget to extend the wall to further protectthe slope adjacentto 190th St SW. Expenditure Increase (Decrease) Fund # Fund Title Object BARS Number Amount 422 Stormwater Utility Fund Construction 422.000.72.594.31.41.20 130,388 Total Expenditure Increase (Decrease) $ 130,388 Revenue (Increase) Decrease Fund Fund Title Revenue Source BARS Number Amount Total Revenue (increase) Decreas $ - Ending Fund Balance Increase (Decrease) Fund Fund Title BARS Number Amount 422 Stormwater Utility Fund Ending Fund Balance 422.000.72.508.00.00.00 (130,388) Total Ending Fund Balance Increase (Decrease) $ (130,388) 14 Packet Page 268 of 400 EXHIBIT "E": Budget Amendments (December 2013) Prepared By: Jim Stevens Department: Public Works Description on Budget Amendment Summary: ESCO III Project Budget Amendment Detailed Description: On March 26, 2013, the Council authorized the mayorto sign a contract with the State of Washington Department of Enterprise Services. This contract is ultimately worth $758,683 forthe ESCO III Project, and the purpose of this budget amendment is to place the authority for payingfor this project from Fund 016. This fundingfor this project is coming from grants and rebates valued at $247,942, aLOCAL Program loan of$280,176 from the Office of the State Treasurer, and cash from various fund sources (as detailed below) amountingto $222,150. Expenditure Increase (Decrease) Fund # Fund Title Object BARS Number Amount 016 Bldg. Maintenance Repair & Maint 016.000.66.518.30.48.00 750,268 016 Bldg. Maintenance Reim from other fund 016.000.66.518.30.48.91 (222,150) 125 REET 2 Reimb. to other fund 125.000.64.576.80.48.90 120,000 001 General Fund Reimb. to other fund 001.000.39.518.30.48.90 27,819 421 Water Utility Reimb. to other fund 421.000.74.534.80.48.90 18,583 422 Storm Utility Reimb. to other fund 422.000.72.531.90.48.90 18,583 423 Sewer Utility Reimb. to other fund 423.000.75.535.80.48.90 18,583 423 WWTP Uti I ity Reimb. to other fund 423.000.76.535.80.48.90 1 18,582 Total Expenditure Increase (Decrease) 1 1 $ 750,268 Revenue (Increase) Decrease Fund Fund Title Revenue Source BARS Number Amount 016 Bldg. Maintenance Grant 016.000.333.14.000.00 187,566 016 Bldg. Maintenance Grant 016.000.337.07.000.00 60,376 016 Bldg. Maintenance Loan To BeAssigned (280,176 Total Revenue (Increase) Dec reas el $ (528,118) Ending Fund Balance Increase (Decrease) Fund Fund Title BARS Number Amount 125 Parks Improvement 125.000.64.508.00.00.00 (120,000 001 General Fund 001.000.39.508.00.00.00 (27,819 421 Water Uti I i ty 421.000.74.508.00.00.00 (18,583 422 Storm Utility 422.000.72.508.00.00.00 (18,583) 423 Sewer Utility 423.000.75.508.00.00.00 (37,165) Total Ending Fund Balance Increase (Decrease) $ (222,150) 15 Packet Page 269 of 400 AM-6363 City Council Meeting and Committee Meetings Meeting Date: 12/10/2013 Time: 10 Minutes Submitted For: Roger Neumaier Department: Finance Committee: Finance Subject Title 2013 October Budgetary Financial Report Recommendation N.A. For informational purposes only. Previous Council Action N.A. Narrative 2013 October Budgetary Financial Report Inbox Finance City Clerk Mayor Finalize for Agenda Form Started By: Sarah Mager Final Approval Date: 11/27/2013 Reviewed By Roger Neumaier Scott Passey Dave Earling Scott Passey Submitted By: Sarah Mager Tyne: Information Attachments Form Review Information Date 11/27/2013 09:53 AM 11/27/2013 09:59 AM 11/27/2013 10:14 AM 11/27/2013 10:30 AM Started On: 11/26/2013 06:41 PM 10. D. Packet Page 270 of 400 O-V E DPI � o� CITY OF EDMONDS BUDGETARY FINANCIAL REPORT OCTOBER 2013 Packet Page 271 of 400 CITY OF EDMO NDS REVENUES BY FUND - SUMMARY Fund No. Title 001 GENERAL FUND 009 LEOFF-MEDICAL INS. RESERVE 011 RISK MANAGEMENT FUND 012 CONTINGENCY RESERVE FUND 014 HISTORIC PRESERVATION GIFT FUND 016 BUILDING MAINTENANCE 104 DRUG ENFORCEMENT FUND III STREET FUND 112 COMBINED STREET CONST/IMPROVE 117 MUNICIPAL ARTS ACQUIS. FUND 118 MEMORIAL STREET TREE 120 HOTEL/MOTEL TAX REVENUE FUND 121 EMPLOYEE PARKING PERMIT FUND 122 YOUTH SCHOLARSHIP FUND 123 TOURISM PROMOTIONAL FUND/ARTS 125 REAL ESTATE EXCISE TAX 2 126 REAL ESTATE EXCISE TAX 1, PARKS ACQ FUND 127 GIFTSCATALOGFUND 129 SPECIAL PROJECTS FUND 130 CEMETERY MAINTENANCE/IMPROVEMT 131 FIRE DONATIONS 132 PARKS CONSTRUCTION FUND 136 PARKS TRUST FUND 137 CEMETERY MAINTENANCE TRUST FD 138 SISTER CITY COMMISSION 139 TRANSPORTATION BENEFIT DISTRICT 211 L.I.D. FUND CONTROL 213 L.I.D. GUARANTY FUND 231 2012 LT GO DEBT SERVICE FUND 411 COMBINED UTILITY OPERATION 421 WATER UTILITY FUND 422 STORM UTILITY FUND 423 SEWER/WWTP UTILITY FUND 511 EQUIPMENT RENTAL FUND 617 FIREMEN'S PENSION FUND 2013 Amended Budget 10/31/2012 Revenues 10/31/2013 Revenues Amount Remaining %Received $ 32,893,957 $ 25,158,481 $ 25,786,333 $ 7,107,624 78% 350,350 300,279 175,260 175,090 50% 668,200 244,000 482,029 186,171 72% 123,223 5,282,996 65,730 57,493 53% 15,000 - 714 14,286 5% 56,900 28,570 28,472 28,428 50% 20,175 46,080 17,288 2,887 86% 1,406,800 1,116,804 1,206,940 199,860 86% 6,519,529 860,108 1,264,273 5,255,256 19% 69,885 50,235 59,423 10,462 85% 27 158 14 13 53% 52,870 51,209 52,302 568 99% 18,120 7,132 7,123 10,997 39% 2,025 1,530 433 1,592 21% 19,000 13,556 24,552 (5,552) 129% 777,832 667,475 784,065 (6,233) 101% 650,600 606,200 783,287 (132,687) 120% 36,483 23,972 30,580 5,903 84% 222,800 - 291,992 (69,192) 131% 119,950 120,780 123,439 (3,489) 103% - - - 0% 2,010,350 460,143 298,728 1,711,622 15% 228 181 295 (67) 129% 14,600 14,373 14,096 504 97% 8,017 2,779 9,361 (1,344) 117% 645,000 545,695 560,166 84,834 87% 22,130 21,860 30,474 (8,344) 138% 22,230 106,154 21 22,209 0% 1,009,902 92,264 917,638 9% - N/A 193,017 (193,017) 0% 10,625,680 N/A 5,164,793 5,460,887 49% 3,486,716 N/A 2,891,643 595,073 83% 11,020,123 N/A 6,597,705 4,422,418 60% 1,361,972 901,724 1,196,819 165,153 88% 45,400 68,934 49,653 (4,253) 109% S 74,296,074 $ 36,701,408 S 48,283,282 S 26,012,792 65% `Due to the change in enterprise fund structure from 2012 to 2013, these revenues are shown as N/A 1 Packet Page 272 of 400 C ITY OF EDMO NDS EXPENDITURES BY FUND - SUMMARY Fund No. Title 001 GENERAL FUND 009 LEOFF-MEDICAL INS. RESERVE 011 RISK MANAGEMENT RESERVE FUND 014 HISTORIC PRESERVATION GIFT FUND 016 BUILDING MAINTENANCE 104 DRUG ENFORCEMENT FUND III STREET FUND 112 COMBINED STREET CONST/IMPROVE 117 MUNICIPAL ARTS ACQUIS. FUND 118 MEMORIAL STREET TREE 120 HOTEL/MOTEL TAX REVENUE FUND 121 EMPLOYEE PARKING PERMIT FUND 122 YOUTH SCHOLARSHIP FUND 123 TOURISM PROMOTIONAL FUND/ARTS 125 REAL ESTATE EXCISE TAX 2 126 REAL ESTATE EXCISE TAX 1, PARKS ACQ FUND 127 GIFTS CATALOG FUND 129 SPECIAL PROJECTS FUND 130 CEMETERY MAINTENANCE/IMPROVEMT 132 PARKS CONSTRUCTION FUND 136 PARKS TRUST FUND 138 SISTER CITY COMMISSION 139 TRANSPORTATION BENEFIT DISTRICT 211 L.I.D. FUND CONTROL 213 L.I.D. GUARANTY FUND 231 2012 LT GO DEBT SERVICE FUND 421 WATER UTILITY FUND 422 STORM UTILITY FUND 423 SEWER/WWTP UTILITY FUND 424 BOND RESERVE FUND 511 EQUIPMENT RENTAL FUND 617 FIREMEN'S PENSION FUND 2013 Amended 10/31/2012 10/31/2013 Amount Budget Expenditures Expenditures Remaining $ 33,364,665 $ 27,867,354 $ 26,254,987 $ 7,109,678 619,400 460,982 257,572 361,828 661,000 - 558,835 102,165 15,000 - 5,280 9,720 205,000 29,452 90,238 114,762 80,033 34,921 38,073 41,960 1,557,715 1,327,823 1,127,356 430,359 6,659,244 1,118,445 1,206,175 5,453,069 149,794 45,582 56,762 93,032 - 137 - - 68,500 37,098 52,401 16,099 26,726 13,148 14,740 11,986 4,000 3,375 3,293 707 19,000 15,395 12,240 6,760 1,401,732 219,234 188,002 1,213,730 668,534 80,277 32,108 636,426 43,317 3,423 28,162 15,155 222,800 84,629 168,293 54,507 152,761 140,973 109,884 42,877 2,093,200 386,714 64,696 2,028,504 - 6,930 - - 13,737 4,145 890 12,847 645,000 545,715 560,166 84,834 22,130 106,000 - 22,130 - 244,000 - - 1,009,902 - 92,264 917,638 9,313,991 N/A 5,653,079 3,660,912 4,585,772 N/A 2,422,712 2,163,060 18,161,466 N/A 10,548,444 7,613,022 - N/A 82,095 (82,095) 1,095,372 1,115,435 705,067 390,305 108.790 78.383 68.743 40.047 % Spent 79% 42% 85% 35% 44% 48% 72% 18% 38% 0% 76% 55% 82% 64% 13% 5% 65% 76% 72% 3% 0% 6% 87% 0% 0% 9% 61% 53% 58% 0% 64% 63% $ 82,968,581 $ 33,969,570 $ 50,402,557 $ 32,566,024 61 % "Due to the change in enterprise fund structure from 2012 to 2013, these expenditures are shown as N/A 2 Packet Page 273 of 400 Page 1 of 3 CITY OF EDMO NDS REVENUES - GENERAL FUND Title 2013 Amended Budget 10/31/2012 Revenues 10/31/2013 Revenues Amount Remaining %Received TAXES: REAL PERSONAL / PROPERTY TAX $ 9,781,109 $ 5,996,409 $ 5,933,281 $ 3,847,828 61% EMS PROPERTY TAX 2,775,282 1,861,005 1,838,481 936,801 66% VOTED PROPERTY TAX 916,103 589,808 584,971 331,132 64% LOCAL RETAIL SALES[USE TAX 4,913,150 4,136,751 4,372,215 540,935 89% NATURAL GAS USE TAX 8,706 6,663 8,189 517 94% 1/10 SALES TAX LOCAL CRIM JUST 520,417 440,430 474,647 45,770 91% ELECTRIC UTILITY TAX 1,475,638 1,286,954 1,292,050 183,588 88% GASUTILITYTAX 811,174 683,837 575,862 235,312 71% SOLID WASTE UTILITY TAX 287,710 239,874 251,767 35,943 88% WAT ER UT ILIT Y T AX 904,613 708,106 791,314 113,299 87% SEWER UTILITY TAX 470,000 390,951 395,040 74,960 84% STORMWATER UTILITY TAX 274,600 228,723 247,438 27,162 90% T.V. CABLE UTILITY TAX 730,910 504,704 667,391 63,519 91% TELEPHONE UTILITY TAX 1,529,498 1,278,757 1,162,447 367,051 76% PULLTABSTAX 61,385 53,375 50,186 11,199 82% AMUSEMENT GAMES 731 - 128 603 18% LEASEHOLD EXCISE TAX 212,350 162,989 168,515 43,835 79% PENALTIESONGAMBLINGTAXES - - - - 0% 25,673,376 18,569,336 18,813,922 6,859,454 73% LICENSES AND PERMTIS: FIRE PERMITS -SPECIAL USE 5,555 5,433 5,070 485 91% PROF AND OCC LICENSE -TAXI 1,030 510 630 400 61% AMUSEMENTS 6,060 5,475 4,350 1,710 72% FRANCHISE AGREEMENT -COMCAST 627,816 634,367 668,920 (41,104) 107% FRANCHISE FEE-EDUCATION/GOVERNMENT - - 25,867 (25,867) 0% FRANCHISE AGREEMENT -VERIZON/FRONT IER 95,806 68,515 64,900 30,906 68% FRANCHISE AGREEMENT -BLACKROCK 8,287 11,080 11,451 (3,164) 138% FRANCHISE AGREMENT-ZAYO - - 5,000 (5,000) 0% OLYMPIC VIEW WATER DISTRICT FRANCHISE 214,415 251,431 261,933 (47,518) 122% GENERAL BUSINESS LICENSE 106,297 103,299 106,006 292 100% DEV SERV PERMIT SURCHARGE 18,422 16,995 22,860 (4,438) 124% NON-RESIDENT BUS LICENSE 39,274 28,400 40,250 (976) 102% RIGHT OF WAY FRANCHISE FEE 9,500 9,308 9,773 (273) 103% BUILDING STRUCTURE PERMITS 345,436 298,486 378,749 (33,313) 110% ANIMAL LICENSES 13,205 8,446 6,691 6,514 51% STREET AND CURB PERMIT 50,000 22,219 41,174 8,826 82% OTRNON-BUSLIC/PERMITS 7,070 8,523 8,851 (1,781) 125% 1,548,173 1,472,487 1,662,473 (114,300) 107% INTERGOVERNMENTAL: DOJ 15-0404-0-1-754 - BULLET PROOF VEST 1,191 - 5,119 (3,928) 430% ROOFTOP SOLAR CHALLENGE GRANT 34,000 - 34,000 - 100% WTSC X-52 DUI AND SPEEDING - - 583 (583) 0% TARGET ZERO TEAMS GRANT 10,000 4,512 8,571 1,429 86% HIGH VISIBILITY ENFORCEMENT 6,000 1,301 5,291 709 88% DOCKSIDE DRILLS GRANT REIMBURSE - - 486 (486) 0% WA STATE ADMIN OFFICE COURTS GRANT - - 4,019 (4,019) 0% WA STATE TRAFFIC COMM GRANT - - 1,106 (1,106) 0% SMART COMMUTER PROJECT GRANT - 900 600 (600) 0% PUD PRIVILEDGE TAX 185,181 184,756 188,570 (3,389) 102% MVET/SPECIAL DISTRIBUTION 8,828 8,970 9,572 (744) 108% JUDICIAL SALARY CONTRIBUTION -STATE 12,572 12,448 12,536 36 100% CRIMINAL JUSTICE -SPECIAL PROGRAMS 33,290 33,723 35,628 (2,338) 107% DUI - CITIES 7,704 7,440 7,231 473 94% LIQUOR EXCISE TAX 20,000 146,591 26,662 (6,662) 133% LIQUOR BOARD PROFITS 301,761 306,934 268,323 33,438 89% SHARED COURT COSTS 3,030 1,500 - 3,030 0% MUNICIPAL COURT AGREEMENT W/LYNNWOOD 1,500 750 - 1,500 0% 625,057 709,825 608,296 15,261 97% 3 Packet Page 274 of 400 Title CITY OF EDMO NDS REVENUES - GENERAL FUND 2013 Amended 10/31/2012 Budget Revenues 10/31/2013 Revenues Amount Remaining Page 2 of 3 %Received CHARGES FOR GOODS AND SERVICES: RECORD/LEGAL INSTRUMTS 1,065 955 1,283 (218) 120% CIVIL PROBATE FILINGS - - 16 (16) 0% D/M COURT REC SER 172 139 51 121 29% MUNIC.-DIST. COURT CURREXPEN 188 252 229 (41) 122% SALE MAPS & BOOKS 72 99 160 (88) 222% PHOTOCOPIES 4,572 2,579 1,809 2,763 40% POLICE DISCLOSURE REQUESTS 4,500 3,558 3,714 786 83% ASSESSMENT SEARCH 5 5 - 5 0% ENGINEERING FEES AND CHARGES 100,000 79,690 155,035 (55,035) 155% ELECTION CANDIDATE FILING FEES 1,011 - 1,460 (449) 144% SNO-ISLE 57,236 56,174 81,668 (24,432) 143% PASSPORTS AND NATURALIZATION FEES 9,571 9,875 9,875 (304) 103% POLICE SERVICES SPECIAL EVENTS 26,000 28,605 27,797 (1,797) 107% OCDETF OVERTIME - 1,226 5,494 (5,494) 0% CAMPUS SAFETY-EDM. SCH. DIST. 11,615 4,041 2,610 9,005 22% WOODWAY-LAW PROTECTION 36,000 15,554 32,579 3,421 90% MISCELLANEOUS POLICE SERVICES 2,750 - - 2,750 0% DRE REIMBURSEABLE - - 709 (709) 0% DUI EMERGENCY FIRE SERVICES 532 426 514 18 97% FIRE DISTRICT #1 STATION BILLINGS 27,808 52,278 40,768 (12,960) 147% ADULT PROBATION SERVICE CHARGE 60,000 47,837 60,312 (312) 101% ELECTRONIC MONITOR DUI 165 82 590 (425) 358% BOOKING FEES 5,711 3,825 5,359 352 94% FIRE CONSTRUCTION INSPECTION FEES 5,577 4,165 5,865 (288) 105% EMERGENCY SERVICE FEES 23,976 15,537 14,847 9,129 62% DUI EMERGENCY AID 67 33 - 67 0% EMS TRANSPORT USER FEE 814,318 757,937 612,052 202,266 75% POLICE - FINGERPRINTING 496 286 255 241 51% CRIM CNV FEE DUI 698 536 542 156 78% CRIM CONV FEE CT 4,360 3,494 3,708 652 85% CRIM CONY FEE CN 1,624 1,428 1,444 180 89% FIBER SERVICES 36,438 38,521 21,400 15,038 59% INTERGOVERNMENTAL FIBER SERVICES 7,272 7,986 6,000 1,272 83% FLEX FUEL PAYMENTS FROM STATIONS 213 182 974 (761) 457% ANIMAL CONTROL SHELTER 6,616 5,945 5,060 1,556 76% ZONING/SUBDIVISION FEE 38,000 34,437 66,787 (28,787) 176% PLAN CHECKING FEES 216,457 180,106 236,291 (19,834) 109% FIRE PLAN CHECK FEES 2,911 1,143 2,050 861 70% PLANNING 1% INSPECTION FEE 1,200 326 966 234 81% S.E.P.A. REVIEW 5,000 2,425 4,850 150 97% CRITICAL AREA STUDY 12,000 13,330 17,825 (5,825) 149% DV COORDINATOR SERVICES 10,921 8,967 9,227 1,694 84% SWIM POOL ENTRANCE FEES 56,000 59,326 63,530 (7,530) 113% GYM AND WEIGHTROOM FEES 5,500 4,491 3,953 1,547 72% LOCKERFEES 300 303 439 (139) 146% SWIM CLASS FEES 32,000 28,625 30,132 1,868 94% INTERGOVERNMENTAL REVENUE-SSCCFH 69,300 51,975 - 69,300 0% PROGRAM FEES 780,000 610,789 633,722 146,278 81% TAXABLE RECREATION ACTIVITIES 115,500 122,936 110,092 5,408 95% SWIM TEAM/DIVE TEAM 31,600 30,019 30,365 1,235 96% BIRD FEST REGISTRATION FEES 660 1,015 695 (35) 105% INTERFUND REIMBURSEMENT -CONTRACT SVCS 1,520,248 1,301,778 1,463,810 56,438 96% 4,148,225 3,595,241 3,778,913 369,312 91% 4 Packet Page 275 of 400 Page 3 of 3 CITY OF EDMO NDS REVENUES - GENERAL FUND Title 2013 Amended Budget 10/31/2012 Revenues 10/31/2013 Revenues Amount Remaining %Received FINES AND FORFEITURES: PROOF OF VEHICLE INS PENALTY 10,214 8,165 11,254 (1,040) 110% TRAFFIC INFRACTION PENALTIES 24,000 23,622 29,277 (5,277) 122% NC TRAFFIC INFRACTION 213,000 206,871 256,005 (43,005) 120% CRT COST FEE CODE LEG ASSESSMENT (LGA) 20,086 15,332 22,456 (2,370) 112% SPEEDINGDOUBLE 77 38 297 (220) 386% NON -TRAFFIC INFRACTION PENALTIES 2,034 900 - 2,034 0% OTHERINFRACTIONS'04 1,002 616 1,342 (340) 134% P ARKING INFRACT ION P ENALT IES 31,592 29,952 42,452 (10,860) 134% PR -HANDICAPPED 794 - - 794 0% PARKING INFRACTION LOC 404 40 - 404 0% PARK/INDDISZONE 3,000 2,716 2,647 353 88% DWI PENALTIES 9,200 6,466 3,559 5,641 39% DUI - DP ACCT 415 1,315 2,406 (1,991) 580% OTHER CRIMINAL TRAF MISDEM PEN 8 331 - 8 0% CRIMINAL TRAFFIC MISDEMEANOR 8/03 33,000 25,939 32,026 974 97% CRIMINAL CONVICTION FEE CT - - 778 (778) 0% OTHER NON-TRAF MISDEMEANOR PEN 539 241 82 457 15% OTHER NON TRAFFIC MISD. 8/03 14,000 11,190 1,630 12,370 12% COURT DV PENALTY ASSESSMENT 1,491 914 1,604 (113) 108% CRIMINAL CONVICTION FEE CN - - 399 (399) 0% CRIMINAL COST S-RECOUPMENTS 113,265 92,129 99,833 13,432 88% PUBLIC DEFENSE RECOUPMENT 40,000 25,419 24,992 15,008 62% COURT INTERPRETER COSTS 292 145 55 238 19% BUS. LICENSE PERMIT PENALTY 7,444 4,070 4,330 3,114 58% MISC FINES AND PENALTIES 485 1,930 1,790 (1,305) 369% 526,342 458,341 539,215 (12,873) 102% MIS C ELLANEO US: INVESTMENT INTEREST 8,000 5,167 1,982 6,018 25% INTEREST ON COUNTY TAXES 1,250 1,494 1,203 47 96% INTEREST - COURT COLLECTIONS 5,491 4,390 3,761 1,730 68% PARKING 8,790 9,479 8,463 327 96% SPACE/FACILITIESRENTALS 140,000 134,055 148,448 (8,448) 106% BRACKET ROOM RENTAL 3,040 4,105 6,065 (3,025) 200% LEASES LONG-TERM 143,000 134,393 137,776 5,225 96% VENDING MACHINE/CONCESS'ION 4,500 6,103 6,779 (2,279) 151% OTHER RENTS& USE CHARGES 6,200 5,745 8,906 (2,706) 144% PARKSDONATIONS 4,300 18,061 9,700 (5,400) 226% BIRD FEST CONTRIBUTIONS 1,400 1,337 1,448 (48) 103% POLICE CONTRIUBTIONS FROM PRIV SOURCES - - 9,231 (9,231) 0% PARKS GRANTS- PRIVATE SOURCES - 1,235 (1,235) 0% SALE OF JUNK/SALVAGE 1,486 1,080 - 1,486 0% SALES OF UNCLAIM PROPERTY 1,750 1,712 2,573 (823) 147% CONFISCATED AND FORFEITED PROPERTY - - 1,249 (1,249) 0% OTHERJUDGEMENT SETTLEMENT - - 6,367 (6,367) 0% POLICE JUDGMENTS/RESTITUTION 465 160 150 315 32% CASHIER'S OVERAGES/SHORTAGES 44 (4) 62 (18) 140% OTHER MISC REVENUES 3,000 5,635 819 2,181 27% SMALL OVERPAYMENT 66 88 42 24 63% NSF FEES - PARKS & REC 182 180 210 (28) 115% NSF FEES - MUNICIPAL COURT 978 543 686 292 70% NSF FEES - POLICE 91 - - 91 0% NSF FEES -DEVELOPMENT SERVICES DEPT - 60 150 (150) 0% FLEX -PLAN SERVICES FORFEITURES 1,368 - 1,368 (0) 100% 335,401 333,783 358,673 (23,272) 107% TRANSFERS -IN: INSURANCE RECOVERIES - - - 0% INTERFUND TRANSFER -IN - - - - 0% INTERFUND TRANSFER- In (From 121) 25,086 19,473 12,543 12,543 50% INTERFUND TRANSFER (From 127) 12,297 - 12,297 (0) 100% 37,383 19,473 24,841 12,542 66% TOTAL GENERAL FUND REVENUE $ 32,893,957 $ 25,158,486 $ 25,786,333 $ 79106,124 78% 5 Packet Page 276 of 400 Page 1 of 6 C ITY OF EDMO NDS EXPENDITURES BY FUND - DETAIL Title SALARIES AND WAGES OVERTIME HOLIDAY BUY BACK BENEFIT S 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 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 LEOFF-MEDICAL INS. RESERVE(009) BENEFIT S IN HOME LTC CLAIMS PROFESSIONAL SERVICES MISCELLANEOUS RISK MANAGEMENT RESERVE FUND (011) MISCELLANEOUS HIS TO RIC PRESERVATIO N GIFT FUND (014) SUPPLIES PROFESSIONAL SERVICES ADVERTISING MISCELLANEOUS BUILDING MAINTENANCE SUBFUND (016) SUPPLIES PROFESSIONAL SERVICES REPAIRS & MAINTENANENCE MISCELLANEOUS CONSTRUCTION PROJECTS DRUG INFO RC EMIENT FUND (104) SUPPLIES FUEL CONSUMED SMALL EQUIPMENT COMMUNICATIONS REPAIR/MAINT MISCELLANEOUS INTERGOVTLSVC 2013 Amended 10/31/2012 10/31/2013 Amount Budget Expenditures Expenditures Remaining %Spent $ 12,082,117 $ 9,830,550 $ 9,931,964 $ 2,150,153 82% 424,100 342,232 350,933 73,167 83% 193,388 2,526 3,481 189,907 2% 4,096,561 3,432,088 3,446,866 649,695 84% 61,110 45,696 39,786 21,324 65% 374,244 322,054 242,022 132,222 65% 117,050 105,605 87,350 29,700 75% 2,064,934 1,277,663 1,391,548 673,386 67% 204,660 146,799 145,952 58,708 71% 36,742 18,186 15,113 21,629 41% 40,865 35,577 19,963 20,902 49% 834,943 111,547 691,620 143,323 83% 396,193 420,109 397,566 (1,373) 100% 429,600 359,797 370,785 58,815 86% 320,547 173,689 180,130 140,417 56% 281,248 243,657 245,117 36,131 87% 8,099,655 7,779,222 7,707,192 392,463 95% 190,000 80,635 - 190,000 0% 5,500 5,886 4,538 962 83% 1,575,185 2,434,926 762,056 813,129 48% 85,000 13,097 22,735 62,265 27% 946,595 - - 946,595 0% 64,014 63,380 64,014 0 100% - - 478 (478) 0% 185,614 149,706 93,776 91,838 51% 5,000 1,125 - 5,000 0% 201,800 113,052 - 201,800 0% 48,000 358,550 40,000 8,000 83% 33,364,665 27,867,354 S 26,254,987 7,109,678 79°0 $ 435,000 $ 323,104 $ 165,183 $ 269,817 38% 176,400 130,443 86,058 90,342 49% 8,000 7,186 6,081 1,919 76% - 250 250 (250) 0% 619,400 460,983 S 257,572 361,828 42% $ 661,000 $ $ 558,835 $ 102,165 85% 661,000 558,835 102,165 85% $ 2,000 $ $ $ 2,000 0% 2,000 - 2,000 0% 1,000 - 1,000 0% 10,000 5,280 4,720 53% 15,000 5,280 9,720 35% $ 10,000 $ 573 $ 919 $ 9,081 9% 20,000 10,225 19,354 646 97% 5,000 18,654 68,100 (63,100) 1362% - - 1,865 (1,865) 0% 170,000 - - 170,000 0% 205,000 29,452 90,238 (53,374) 44% $ - $ - $ - $ 0% 2,000 1,857 4,224 (2,224) 211% 5,000 1,180 6,182 (1,182) 124% 2,233 2,165 2,819 (586) 126% 800 - 20 780 3% 20,000 10,000 5,000 15,000 25% 50,000 19,719 19,828 30,172 40% 80,033 34,921 38,073 41,960 48% Packet Page 277 of 400 9 Page 2 of 6 C ITY OF EDMO NDS EXPENDITURES BY FUND - DETAIL Title 2013 Amended Budget 10/31/2012 Expenditures 10/31/2013 Expenditures Amount Remaining %Spent STREETFUND (111) SALARIES AND WAGES $ 447,655 $ 443,616 $ 373,162 $ 74,493 83% OVERTIME 18,400 24,605 14,367 4,033 78% BENEFITS 197,283 194,975 164,358 32,925 83% UNIFORMS 6,000 4,788 3,763 2,238 63% SUPPLIES 240,000 157,536 129,121 110,879 54% SMALL EQUIPMENT 26,000 14,279 120 25,880 0% PROFESSIONAL SERVICES 12,700 20,494 4,254 8,446 33% COMMUNICATIONS 3,500 2,795 2,395 1,105 68% TRAVEL 1,000 310 393 607 39% ADVERTISING 350 - - 350 0% RENTAL/LEASE 159,134 4,274 132,953 26,181 84% INSURANCE 87,204 93,305 87,201 3 100% UTILITIES 267,750 188,208 186,665 81,085 70% REPAIRS & MAINTENANCE 45,000 8,446 24,780 20,220 55% MISCELLANEOUS 8,000 6,858 1,050 6,950 13% INTERGOVERNMENTAL SERVICES 4,000 1,115 1,179 2,821 29% INTERFUND TRANSFER 28,650 - 558 28,092 2% GENERAL OBLIGATION BOND PRINCIPAL 3,015 - - 3,015 0% INTEREST ON LONG-TERM EXTERNAL DEBT 2,074 3,100 1,037 1,037 50% INTEREFUND RENTAL - 159,120 - - 0% 1,557,715 1,327,824 1,127,356 430,359 72% COMBINED STREETCONST/IMPROVE(112) PROFESSIONAL SERVICES $ 1,272,100 $ 689,474 $ 668,521 $ 603,579 53% MISCELLANEOUS 26,428 - 26,427 1 100% INTERFUND TRANSFER OUT 378,500 41,694 41,498 337,003 11% LAND 909,400 - - 909,400 0% CONST SURFACE CONST PROJECTS 3,670,132 190,299 277,044 3,393,088 8% INTERGOVERNMENTAL LOANS 72,203 72,201 72,201 2 100% INTEREST ON INTERGOVERNMENTAL LOANS 4,481 4,840 4,479 2 100% INTERFUND SERVICES 326,000 119,936 116,005 209,995 36% 6,659,244 1,118,444 1,206,175 5,453,069 18% MUNICIPAL ARTS ACQUIS. FUND (117) SUPPLIES $ 6,970 $ 2,988 $ 5,616 $ 1,354 81% SMALL EQUIPMENT 1,000 523 723 277 72% PROFESSIONAL SERVICES 119,533 35,528 38,420 81,113 32% TRAVEL 50 10 54 (4) 108% ADVERTISING 4,000 4,000 2,250 1,750 56% RENTAL/LEASE 4,831 - 4,281 550 89% REPAIRS & MAINTENANCE 300 - 300 0% MISCELLANEOUS 10,110 - 5,418 4,692 54% INTERFUND TRANSFER 3,000 2,533 - 3,000 0% 149,794 45,582 S 56,762 93,032 38% HO TEL/MO TEL TAX REVENUE FUND (120) PROFESSIONAL SERVICES $ 14,500 $ 8,554 $ 16,123 $ (1,623) 111% ADVERTISING 37,500 25,099 24,121 13,379 64% MISCELLANEOUS 2,500 1,446 157 2,343 6% INTERFUND TRANSFERS 14,000 2,000 12,000 2,000 86% 68,500 37,099 52,401 16,099 76% EMPLO YEE PARKING PERMIT FUND (121) SUPPLIES $ 1,640 $ 605 $ 1,642 $ (2) 100% SMALL EQUIPMENT - - 555 (555) 0% INTERFUND TRANSFER 25,086 12,543 12,543 12,543 50% 26,726 13,148 14,740 11,986 55% YOUTH SCHOLARSHIP FUND (122) MISCELLANEOUS $ 4,000 $ 3,375 $ 3,293 $ 707 82% 4,000 3,375 3,293 707 82% TOURISM PROMOTIONAL FUND/ARTS (123) PROFESSIONAL SVC $ 10,500 $ 8,088 $ 5,347 $ 5,153 51% ADVERTISING 4,500 3,865 3,905 595 87% MISCELLANEOUS 4,000 3,442 2,989 1,011 75% $ 19,000 $ 15,395 $ 12,240 $ 6,760 64% 7 Packet Page 278 of 400 Page 3 of 6 C ITY O F EDMO NDS EXPENDITURES BY FUND - DETAIL Title REAL ES TATE EXC IS E TAX 2 (125) SUPPLIES PROFESSIONAL SERVICES ADVERTISING RENT AL/LEASE UTILITIES REPAIRS & MAINTENANCE INTERFUND TRANSFER CONSTRUCTION PROJECTS INTERFUND SERVICES REAL ESTATEEXCISETAX1, PARKS ACQ (126) MISCELLANEOUS INTERFUND TRANSFER LAND GENERAL OBLIGATION BONDS INTEREST GIFTS CATALOG FUND (127) SUPPLIES PROFESSIONAL SERVICES INTERFUND TRANSFER SPECIAL PROJECTS FUND (129) PROFESSIONAL SERVICES CONSTRUCTION PROJECTS INTERFUND SERVICES CEIVVIEIIERY MAINTINANCUIMPRO VEMENT (130) SALARIES AND WAGES OVERTIME BENEFIT S UNIFORMS SUPPLIES SUPPLIES PURCHASED FOR INVENTORY/RESALE PROFESSIONAL SERVICES COMMUNICATIONS TRAVEL ADVERTISING RENT AL/LEASE UTILITIES REPAIRS & MAINTENANCE MISCELLANEOUS MACHINERY/EQUIP MENT INTERFUND RENTAL 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 BENEFITDISTRICT(139) PROFESSIONAL SERVICES INSURANCE INTERFUND TRANSFER INTERGOVTL SERVICES 2013 Amended 10/31/2012 10/31/2013 Amount Budget Expenditures Expenditures Remaining %Spent $ 29,000 $ 41,070 $ 133,928 $ (104,928) 462% 337,000 76,416 20,214 316,786 6% - - 230 (230) 0% - 3,399 (3,399) 0% - - - - 0% 185,000 1,544 30,229 154,771 16% 750,732 - - 750,732 0% 100,000 100,203 100,000 0% - - - - 0% 1,401,732 219,233 188,002 1,213,730 13% $ - $ - $ - $ - 0% 438,910 16,540 26,071 412,839 6% 200,000 - - 200,000 0% 17,550 63,737 - 17,550 0% 12,074 - 6,037 6,037 50% 668,534 $ 80,277 32,108 $ 636,426 5% $ 22,020 $ 1,443 $ 9,312 $ 12,708 42% 9,000 1,980 6,553 2,447 73% 12,297 - 12,297 - 100% 43,317 3,423 28,162 15,155 65% $ 31,700 $ 74,531 $ 26,055 $ 5,645 82% 171,600 - 114,251 57,349 67% 19,500 10,098 27,987 (8,487) 144% 222,800 84,629 168,293 54,507 76% $ 68,605 $ 56,235 $ 57,360 $ 11,245 84% 3,500 2,490 2,391 1,109 68% 33,188 26,729 27,013 6,175 81% 1,000 - - 1,000 0% 7,000 3,135 1,635 5,365 23% 20,000 19,949 10,575 9,425 53% 1,000 200 200 800 20% 1,412 1,048 1,180 232 84% 500 - - 500 0% 3,000 2,223 3,155 (155) 105% 5,256 - 4,380 876 83% 3,800 2,477 - 3,800 0% 500 - - 500 0% 4,000 3,101 1,994 2,006 50% - 17,336 - - 0% - 6,050 - - 0% 152,761 140,973 S 109,884 42,877 72% $ - $ - $ - 0% 1,907,500 75,671 63,582 1,843,918 3% - 62,249 - - 0% 182,700 228,399 - 182,700 0% 3,000 20,395 1,114 1,886 37% 2,093,200 386,714 64,696 2,028,504 3% $ - $ 6,930 $ $ 0% - 6,930 0% $ 500 $ 1,242 $ 222 $ 278 44% - - - - 0% 13,237 2,903 668 12,569 5% 13,737 4,145 890 12,847 6% $ - $ - $ 1,756 $ (1,756) 0% 5,000 5,000 5,000 - 100% 640,000 490,779 553,410 86,590 86% - 49,936 - - 0% 645,000 545,715 560,166 84,834 87% Packet Page 279 of 400 Page 4 of 6 Title INTERFUND TRANSFER 2012 LTGO DEBT SERVIC FUND (231) GENERAL OBLIGATION BOND INTEREST DEBT ISSUE COSTS WATER FUND (421) SALARIES AND WAGES OVERTIME BENEFIT S 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 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 10/31/2012 10/31/2013 Amount Budget Expenditures Expenditures Remaining %, Spent $ 22,130 $ 106,000 $ - $ 22,130 0% 22,130 106,000 - 22,130 0% $ 825,372 $ $ - $ 825,372 0% 184,530 92,264 92,266 50% - - - 0% 1,009,902 92,264 917,638 0% $ 756,455 N/A $ 600,842 $ 155,613 79% 24,180 N/A 17,972 6,208 74% 285,866 N/A 252,810 33,056 88% 6,840 N/A 3,859 2,981 56% 143,505 N/A 86,804 56,701 60% - N/A - - 0% 1,725,000 N/A 1,190,362 534,638 69% 140,000 N/A 83,840 56,160 60% 10,400 N/A 6,669 3,731 64% 173,136 N/A 240,529 (67,393) 139% 30,280 N/A 24,893 5,387 82% 3,400 N/A 54 3,346 2% 560 N/A - 560 0% 91,205 N/A 76,967 14,238 84% 67,699 N/A 67,607 92 100% 28,000 N/A 24,165 3,835 86% 24,160 N/A 3,193 20,967 13% 307,630 N/A 281,374 26,256 91% 30,000 N/A 23,496 6,504 78% 904,893 N/A 791,314 113,579 87% 927,500 N/A - 927,500 0% 85,000 N/A 49,849 35,151 59% 2,644,720 N/A 1,279,394 1,365,326 48% 2,025 N/A - 2,025 0% 209,471 N/A - 209,471 0% 45,839 N/A 45,839 0 100% 280,306 N/A 140,928 139,378 50% 16,553 N/A - 16,553 0% - N/A 175 (175) 0% 349,368 N/A 360,099 (10,731) 103% - N/A 48 (48) 0% 9,313,991 5,653,079 3,660,960 61% *Due to the change in enterprise fund structure from 2012 to 2013, these expenditures are shown as N/A M Packet Page 280 of 400 Page 5 of 6 C TTY OF EDMO NDS EXPENDITURES BY FUND - DETAIL Title 2013 Amended Budget 10/31/2012 Expenditures 10/31/2013 Expenditures Amount Remaining y Spent STORM FUND (422) SALARIES AND WAGES $ 568,591 N/A $ 424,783 $ 143,808 75% OVERTIME 6,000 N/A 10,766 (4,766) 179% BENEFITS 232,141 N/A 179,802 52,339 77% UNIFORMS 6,540 N/A 5,342 1,198 82% SUPPLIES 50,000 N/A 25,966 24,034 52% SMALL EQUIPMENT 4,400 N/A 2,266 2,134 51% PROFESSIONAL SERVICES 599,190 N/A 629,777 (30,587) 105% COMMUNICATIONS 3,480 N/A 1,608 1,872 46% TRAVEL 4,300 N/A 864 3,436 20% ADVERTISING 500 N/A - 500 0% RENTAL/LEASE 217,412 N/A 179,805 37,607 83% INSURANCE 8,418 N/A 8,407 11 100% UTILITES 10,000 N/A 6,925 3,075 69% REPAIR&MAINTENANCE 11,860 N/A 6,129 5,731 52% MISCELLANEOUS 106,100 N/A 78,085 28,015 74% INTERGOVERNMENTAL SERVICES 45,000 N/A 22,202 22,798 49% INTERFUND TAXESAND OPERATING ASSESSMENT 291,600 N/A 247,438 44,162 85% INTERFUND TRANSFER 237,766 N/A - 237,766 0% CONSTRUCTION PROJECTS 1,478,400 N/A 1,478,400 0% GENERAL OBLIGATION BONDS 101,469 N/A - 101,469 0% REVENUE BONDS 82,906 N/A - 82,906 0% INTERGOVERNMENTAL LOANS 32,063 N/A 32,063 1 100% INTEREST 187,245 N/A 94,584 92,661 51% OTHER INTEREST & DEBT SERVICE COSTS - N/A 83 (83) 0% INTERFUND PROFESSIONAL SERVICES 300,391 N/A 465,819 (165,428) 155% 4,585,772 2,422,712 2,163,060 53% SEWER FUND (423) SALARIES AND WAGES $ 1,653,859 N/A $ 1,270,218 $ 383,641 77% OVERTIME 73,000 N/A 77,926 (4,926) 107% BENEFITS 677,979 N/A 535,272 142,707 79% UNIFORMS 11,190 N/A 7,888 3,302 70% SUPPLIES 482,505 N/A 224,848 257,657 47% FUEL CONSUMED 90,000 N/A 115,104 (25,104) 128% SUPPLIES PURCHASED FOR INV OR RESALE 3,000 N/A - 3,000 0% SMALL EQUIPMENT 16,400 N/A 14,168 2,232 86% PROFESSIONAL SERVICES 1,152,083 N/A 831,299 320,784 72% COMMUNICATIONS 40,280 N/A 29,733 10,547 74% TRAVEL 7,400 N/A 380 7,020 5% ADVERTISING 2,500 N/A - 2,500 0% RENTAL/LEASE 133,736 N/A 109,733 24,003 82% INSURANCE 157,117 N/A 156,092 1,025 99% UTILITIES 931,200 N/A 745,015 186,185 80% REPAIR&MAINTENANCE 90,000 N/A 130,857 (40,857) 145% MISCELLANEOUS 211,100 N/A 164,312 46,788 78% INTERGOVERNMENTAL SERVICES 290,000 N/A 95,604 194,396 33% INTERFUND TAXES AND OPERATING ASSESSMENT 470,000 N/A 395,040 74,960 84% INTERFUND TRANSFERS 1,125,280 N/A 157,651 967,629 14% MACHINERY/EQUIPMENT 141,000 N/A - 141,000 0% CONSTRUCTION PROJECTS 9,104,110 N/A 4,777,663 4,326,447 52% GENERAL OBLIGATION BONDS 189,978 N/A - 189,978 0% REVENUE BONDS 222,625 N/A - 222,625 0% INTERGOVERNMENTAL LOANS 138,939 N/A 143,620 (4,681) 103% INTEREST 131,045 N/A 69,705 61,340 53% DEBT ISSUE COSTS 16,551 N/A - 16,551 0% OTHER TNT EREST & DEBT SERVICE COSTS - N/A 41 (41) 0% INTERFUND PROFESSIONAL SERVICES 598,589 N/A 496,275 102,314 83% 18,161,466 10,548,444 7,613,022 58% BOND RESERVE FUND (424) OTHER INTEREST & DEBT SERVICE COSTS $ - N/A $ 57,335 (57,335) 0% DEBT ISSUE COSTS - N/A 24,760 (24,760) 0% - 82,095 (82,095) 0% *Due to the change in enterprise fund structure from 2012 to 2013, these expenditures are shown as N/A 10 Packet Page 281 of 400 Page 6 of 6 CITY OF EDMO NDS EXPENDITURES BY FUND - DEIAAIL Title 2013 Amended Budget 10/31/2012 Expenditures 10/31/2013 Expenditures Amount Remaining %Spent EQUIPMENT RENTAL FUND (511) SALARIES AND WAGES $ 228,064 $ 180,835 $ 146,169 $ 81,895 64% OVERTIME 1,000 906 886 114 89% BENEFITS 100,397 85,630 66,060 34,337 66% UNIFORMS 1,000 562 620 380 62% SUPPLIES 76,000 73,480 83,658 (7,658) 110% FUEL CONSUMED 1,000 951 - 1,000 0% SUPPLIES PURCHASED FOR INVENTORY/RESALE 321,800 271,864 181,246 140,554 56% SMALL EQUIPMENT 8,000 5,312 20,277 (12,277) 253% PROFESSIONAL SERVICES 1,000 477 1,872 (872) 187% COMMUNICATIONS 3,000 1,127 1,180 1,820 39% RENTAL/LEASE 9,996 909 7,742 2,254 77% INSURANCE 34,083 32,530 34,153 (70) 100% UTILITIES 14,000 9,327 8,923 5,077 64% REPAIRS & MAINTENANCE 60,000 27,099 36,944 23,056 62% MISCELLANEOUS 6,000 5,666 4,773 1,227 80% INTERGOVERNMENTAL SERVICES 2,500 1,486 1,572 928 63% MACHINERY/EQUIPMENT 217,532 408,645 108,991 108,541 50% INTERFUND RENTAL 10,000 8,630 - 10,000 0% 1,095,372 1,115,436 S 705,067 390,305 64% FIREMEN'S PENSION FUND (617) BENEFITS $ 63,000 $ 45,608 $ 20,892 $ 42,108 33% PENSION AND DISABILITY PAYMENTS 43,790 31,710 46,681 (2,891) 107% PROF SERVICES 2,000 1,065 1,169 831 58% 108,790 78,383 S 68,743 40,047 63% TOTAL EXPENDITURE ALL FUNDS 82,968,581 33,725,435 50,402,557 32,470,311 61% 11 Packet Page 282 of 400 CITY OF EDMO NDS EXPENDITURES - GENERAL FUND - BY DEPARTMENT IN SUMMARY Title 2013 Amended Budget 10/31/2012 Expenditures 10/31/2013 Expenditures Amount Remaining %Spent CITY COUNCIL $ 273,623 $ 208,323 $ 224,897 $ 48,726 82% OFFICE OF MAYOR 240,866 188,486 196,710 44,156 82% HUMAN RESOURCES 296,058 185,170 217,020 79,038 73% MUNICIPAL COURT 729,506 601,449 601,609 127,897 82% CITY CLERK 586,831 412,633 495,285 91,546 84% ADMINISTRATIVE SERVICES 1,518,518 1,107,729 1,107,466 411,052 73% CITYATTORNEY 499,200 395,149 396,560 102,640 79% NON -DEPARTMENTAL 11,675,354 10,948,495 8,917,486 2,757,868 76% POLICE SERVICES 8,973,400 6,900,094 7,221,628 1,751,772 80% COMMUNITY SERVICES✓ECONOMIC DEV. 377,764 348,579 296,034 81,730 78% DEVELOPMENT SERVICES 1,687,894 1,325,947 1,289,203 398,691 76% PARKS & RECREATION 3,442,517 2,821,064 2,814,463 628,054 82% PUBLIC WORKS 1,718,975 1,359,064 1,398,895 320,080 81% FACILITIES MAINTENANCE 1,344,159 1,065,169 1,077,731 266,428 80% $ 33,364,665 $ 27,867,351 $ 26,254,987 $ 7,109,678 79% CITY OF EDMO NDS EXPENDITURES - UTILITY- BY FUND IN SUMMARY Title 2013 Amended Budget 10/31/2012 Expenditures 10/31/2013 Expenditures Amount Remaining %Spent WATER UTILITY FUND $ 9,313,991 N/A $ 5,653,079 $ 3,660,912 61% STORM UTILITY FUND 4,585,772 N/A 2,422,712 2,163,060 53% SEWER/WWTP UTILITY FUND 18,161,466 N/A 10,548,444 7,613,022 58% BOND RESERVE FUND - N/A 82,095 (82,095) 0% $ 32,061,229 $ 18,706,330 $ 13,436,994 58% *Due to the change in enterprise fund structure from 2012 to 2013, these expenditures are shown as N/A 12 Packet Page 283 of 400 Page 1 of 4 CITY OF FDMO NDS EXPENDITURES - GENERAL FUND - BY DEPARTMENT IN DETAIL Title 2013 Amended Budget 10/31/2012 Expenditures 10/31/2013 Expenditures Amount Remaining %Spent C ITY C O UNC IL SALARIES $ 114,618 $ 88,190 $ 99,401 $ 15,217 87% OVERTIME 2,000 5,070 500 1,501 25% BENEFITS 68,165 58,702 59,151 9,014 87% SUPPLIES 1,000 593 151 849 15% PROFESSIONAL SVC 53,082 45,501 49,958 3,124 94% COMMUNICATIONS 3,000 2,443 2,341 659 78% TRAVEL 2,500 879 591 1,909 24% RENTAL/LEASE 490 385 384 106 78% REPAIRS/MAINT 1,500 - 55 1,445 4% MISCELLANEOUS 27,268 6,560 12,366 14,902 45% $ 273,623 $ 208,323 $ 224,897 $ 48,726 82% OFFICEOFMAYOR SALARIES $ 185,987 $ 148,399 $ 154,988 $ 30,999 83% OVERTIME - - 271 (271) 0% BENEFITS 42,079 33,706 35,378 6,701 84% SUPPLIES 2,000 677 1,038 962 52% PROFESSIONAL SVC 1,500 - 59 1,441 4% COMMUNICATION 1,400 907 765 635 55% TRAVEL 2,000 773 664 1,336 33% RENTAL/LEASE 2,400 2,067 1,843 557 77% REPAIR/MAINT 500 - - 500 0% MISCELLANEOUS 3,000 1,957 1,704 1,296 57% $ 240,866 $ 188,486 $ 196,710 $ 44,156 82% HUMAN RESOURCES SALARIES $ 169,000 $ 77,660 $ 136,574 $ 32,426 81% OVERTIME - - - - 0% BENEFITS 61,680 28,093 40,987 20,693 66% SUPPLIES 2,000 1,589 3,382 (1,382) 169% SMALL EQUIPMENT 100 - - 100 0% PROFESSIONAL SVC 39,500 65,466 21,315 18,185 54% COMMUNICATIONS 500 304 386 114 77% TRAVEL 500 - 572 (72) 114% ADVERTISING 5,000 783 2,907 2,093 58% RENTAL/LEASE 2,000 1,993 1,844 156 92% REPAIR/MAINT 6,000 4,820 5,349 651 89% MISCELLANEOUS 9,778 4,462 3,704 6,074 38% $ 296,058 $ 185,170 $ 217,020 $ 79,038 73% MUNIC IPAL C O URT SALARIES $ 464,471 $ 384,221 $ 391,633 $ 72,838 84% OVERTIME 100 572 16 84 16% BENEFITS 168,526 138,190 129,760 38,766 77% SUPPLIES 9,159 9,248 12,009 (2,850) 131% SMALL EQUIPMENT 2,000 - 1,567 433 78% PROFESSIONAL SERVICES 60,500 45,751 54,197 6,303 90% COMMUNICATIONS 2,600 1,819 1,819 782 70% TRAVEL 1,250 2,125 1,686 (436) 135% RENTAL/LEASE 650 626 927 (277) 143% REPAIR/MAINT 1,000 978 409 591 41% MISCELLANEOUS 19,250 17,827 7,587 11,663 39% INTERGOVTL SVC - 92 - - 0% $ 729,506 $ 601,449 $ 601,609 $ 127,897 82% 13 Packet Page 284 of 400 Page 2 of 4 CITY OF EDMO NDS EXPENDITURES - GENERAL FUND - BY DEPARTMENT IN DETAIL Title 2013 Amended Budget 10/31/2012 Expenditures 10/31/2013 Expenditures Amount Remaining %Spent CITY CLERK SALARIES AND WAGES $ 305,572 $ 243,823 $ 303,075 $ 2,497 99% BENEFITS 92,771 75,616 84,800 7,971 91% SUPPLIES 13,760 7,245 6,802 6,958 49% SMALL EQUIPMENT - 1,010 (1,010) 0% PROFESSIONAL SERVICES 84,751 14,327 35,321 49,430 42% COMMUNICATIONS 50,000 29,021 36,662 13,338 73% TRAVEL 250 7 57 193 23% ADVERTISING 3,690 18,205 2,940 750 80% RENTAL/LEASE 25,000 13,554 13,338 11,662 53% REPAIRS& MAINTENANCE 8,037 7,778 8,210 (173) 102% MISCELLANEOUS 3,000 3,057 3,070 (70) 102% $ 586,831 $ 412,633 $ 495,285 $ 91,546 84% ADMINISTRATIVE SERVICES SALARIES $ 661,370 $ 600,641 $ 567,992 $ 93,378 86% OVERTIME 8,000 7,137 6,470 1,530 81% BENEFITS 214,100 189,287 180,612 33,488 84% SUPPLIES 35,700 62,467 12,931 22,769 36% SMALL EQUIPMENT 87,500 61,612 65,476 22,024 75% PROFESSIONAL SERVICES 175,850 34,334 95,789 80,061 54% COMMUNICATIONS 58,960 50,089 42,463 16,497 72% TRAVEL 3,300 1,675 1,017 2,283 31% RENTAL/LEASE 8,988 4,212 7,045 1,943 78% REPAIR/MAINT 171,750 77,265 80,192 91,558 47% MISCELLANEOUS 8,000 19,010 24,746 (16,746) 309% MACHINERY/EQUIPMENT 85,000 22,735 62,265 27% $ 1,518,518 $ 1,107,729 $ 1,107,466 $ 411,052 73% CITY ATTORNEY PROFESSIONAL SVC $ 499,200 $ 394,949 $ 396,560 $ 102,640 79% MISC PROSECUTOR - 200 - - 0% $ 499,200 $ 395,149 $ 396,560 $ 102,640 79% NON -DEPARTMENTAL SALARIES $ 93,785 $ 1,900 $ - $ 93,785 0% BENEFITS -UNEMPLOYMENT 40,000 43,750 24,754 15,246 62% PROFESSIONAL SVC 380,000 194,443 176,351 203,649 46% COMMUNICATIONS - 5 - - 0% RENTAL/LEASE 3,600 3,600 3,600 100% INSURANCE 396,193 420,109 397,566 (1,373) 100% MISCELLANEOUS 55,156 56,083 54,993 163 100% INTERGOVT SVC 7,532,912 7,380,730 7,335,359 197,553 97% ECA LOAN PAYMENT 190,000 80,635 - 190,000 0% EXCISE TAXES 5,500 5,886 4,538 962 83% INTERFUND TRANSFERS 1,575,185 2,434,926 762,056 813,129 48% GENERAL OBLIGATION BOND 946,595 - - 946,595 0% INSTALLMENT PURCHASES 64,014 63,380 64,014 0 100% OTHER DEBT - - - - 0% INTEREST ON LONG-TERM DEBT 185,614 149,706 93,776 91,838 51% DEBT ISSUANCE COSTS 5,000 1,125 - 5,000 0% FISCAL AGENT FEES - - 478 (478) 0% INTERFUND SERVICES 201,800 112,217 - 201,800 0% $ 11,675,354 $ 10,948,495 $ 8,917,486 $ 2,757,868 76% 14 Packet Page 285 of 400 Page 3 of 4 C TTY OF EDMO NDS EXPENDITURES - GENERAL FUND - BY DEPARTMENT IN DETAIL Title PO LIC E S ERVIC ES SALARIES OVERTIME HOLIDAY BUYBACK BENEFIT S UNIFORMS SUPPLIES SMALL EQUIPMENT PROFESSIONAL SVC COMMUNICATIONS TRAVEL ADVERTISING RENTAL/LEASE REPAIR/MAINT MISCELLANEOUS INTERGOVTL SVC INTERFUND RENTAL INTERFUND REPAIRS C O MMUNITY S ERVIC ES /EC O N DEV. SALARIES BENEFITS SUPPLIES SMALL EQUIPMENT PROFESSIONAL SVC COMMUNICATIONS TRAVEL ADVERTISING RENT AL/LEASE REPAIR/MAINT MISCELLANEOUS DEVELO PMENT SERVIC 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 10/31/2012 10/31/2013 Amount Budget Expenditures Expenditures Remaining %Scent $ 5,206,408 $ 4,219,819 $ 4,239,950 $ 966,458 81% 400,000 311,917 334,574 65,426 84% 193,388 2,526 3,481 189,907 2% 1,733,520 1,463,962 1,494,878 238,642 86% 52,410 41,377 35,134 17,276 67% 94,100 70,112 54,426 39,674 58% 14,300 5,252 13,293 1,007 93% 95,200 69,904 132,923 (37,723) 140% 33,592 21,397 18,581 15,011 55% 16,300 9,994 8,664 7,636 53% 375 66 73 302 19% 538,344 12,853 446,273 92,071 83% 16,115 7,424 6,449 9,666 40% 35,300 30,763 26,097 9,203 74% 496,048 364,648 366,833 129,215 74% 48,000 267,300 40,000 8,000 83% - 780 - - 0% $ 8,973,400 $ 6,900,094 $ 7,221,628 $ 1,751,772 80% $ 213,304 $ 176,197 $ 177,972 $ 35,332 83% 62,052 51,316 52,949 9,103 85% 1,500 1,798 682 818 45% 800 - - 800 0% 65,254 103,636 49,591 15,663 76% 1,490 911 1,217 273 82% 2,000 24 144 1,856 7% 24,500 9,338 8,297 16,203 34% 2,364 2,520 2,144 220 91% 500 - - 500 0% 4,000 2,839 3,037 964 76% $ 377,764 $ 348,579 $ 296,034 $ 81,730 78% $ 1,044,346 $ 880,513 $ 870,892 $ 173,454 83% 1,300 2,881 1,144 156 88% 361,520 313,411 305,656 55,864 85% - - - - 0% 13,000 11,214 8,997 4,003 69% 1,100 550 359 741 33% 199,600 59,815 52,590 147,010 26% 4,000 4,070 3,391 609 85% 1,600 998 45 1,555 3% 3,000 4,327 3,264 (264) 109% 32,828 24,347 27,474 5,354 84% 500 606 112 388 22% 25,100 23,215 15,279 9,821 61% $ 1,687,894 $ 1,325,947 $ 1,289,203 $ 398,691 76% $ 1,007,140 $ 802,506 $ 804,575 $ 202,565 80% 5,000 3,385 1,199 3,801 24% 342,150 280,503 296,082 46,068 87% 360 122 - 360 0% - - - - 0% 2,000 2,398 766 1,234 38% 5,000 2,145 840 4,160 17% 6,700 4,478 4,684 2,016 70% 600 521 52 548 9% - - 264 (264) 0% 13,408 5,620 11,170 2,238 83% 1,800 895 38 1,762 2% 10,300 9,701 7,089 3,211 69% $ 1,394,458 $ 1,112,274 $ 1,126,760 $ 267,698 81% Packet Page 286 of 400 15 Page 4 of 4 CITY OF EDMO NDS EXPENDITURES - GENERAL FUND - BY DEPARTMENT IN DETAIL Title PARKS & RECREATION SALARIES OVERTIME BENEFIT S UNIFORMS SUPPLIES MINOR EQUIPMENT PROFESSIONAL SVC COMMUNICATIONS TRAVEL ADVERTISING RENT AL/LEASE PUBLIC UTILITY REPAIR/MAINT MISCELLANEOUS MACHINERY/EQUIP MENT INTERGOVTLSVC PUBLIC WORKS SALARIES OVERTIME BENEFIT S SUPPLIES SMALL EQUIPMENT PROFESSIONAL SERVICES COMMUNICATIONS TRAVEL RENT AL/LEASE PUBLIC UTILITY REPAIR/MAINT MISCELLANEOUS FACILITIES MAINTENANCE SALARIES OVERTIME BENEFIT S UNIFORMS SUPPLIES TRAVEL MINOR EQUIPMENT COMMUNICATIONS RENT AL/LEASE PUBLIC UTILITY REPAIR/MAINT MISCELLANEOUS TOTAL GENERAL FUND EXPENDITURES 2013 Amended 10/31/2012 10/31/2013 Amount Budget Expenditures Expenditures Remaining %Scent $ 1,769,631 $ 1,517,488 $ 1,462,908 $ 306,723 83% 5,000 9,273 6,614 (1,614) 132% 584,326 496,621 488,102 96,224 84% 5,340 2,466 3,466 1,874 65% 131,925 97,881 86,428 45,497 66% 3,250 33,568 1,959 1,291 60% 405,297 247,348 326,011 79,286 80% 28,218 19,442 21,690 6,528 77% 5,942 1,186 1,621 4,321 27% 4,300 2,859 2,218 2,082 52% 149,152 108,014 134,238 14,914 90% 150,000 142,037 156,455 (6,455) 104% 51,845 31,816 34,731 17,114 67% 77,596 64,161 83,022 (5,426) 107% - 13,097 - - 0% 70,695 33,807 5,000 65,695 7% $ 3,442,517 $ 2,821,064 $ 2,814,463 $ 628,054 82% $ 225,381 $ 182,852 $ 204,033 $ 21,348 91% 200 - - 200 0% 76,157 54,516 55,813 20,344 73% 5,100 3,185 4,247 853 83% - - 201 (201) 0% 200 43 45 155 22% 1,200 902 1,166 34 97% 500 - - 500 0% 10,779 2,458 3,613 7,166 34% 2,600 1,807 1,822 778 70% 1,000 - - 1,000 0% 1,400 1,027 1,194 206 85% $ 324,517 $ 246,790 $ 272,136 $ 52,381 84% $ 621,104 $ 506,339 $ 517,972 $ 103,132 83% 2,500 1,996 145 2,355 6% 249,515 204,414 197,944 51,571 79% 3,000 1,731 1,187 1,813 40% 65,000 56,045 50,929 14,071 78% - 2 - - 0% 6,000 2,225 2,719 3,281 45% 13,000 11,012 10,786 2,214 83% 44,940 20,550 37,725 7,215 84% 277,000 215,952 212,508 64,492 77% 60,000 42,107 44,586 15,414 74% 2,100 2,796 1,230 870 59% $ 1,344,159 $ 1,065,169 $ 1,077,731 $ 266,428 80% $ 33,364,665 $ 27,867,351 $ 26,254,987 $ 7,109,678 79% Packet Page 287 of 400 16 City of Edmonds, WA Monthly Revenue Summary -General Fund 2013 General Fund Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January $ 1,217,319 $ 1,217,319 $ 1,818,957 49.42% February 3,005,039 1,787,720 3,696,503 23.01% 30000000 March 5,075,267 2,070,227 5,680,288 11.92% 24000000 April 7,697,260 2,621,993 9,353,758 21.52% May 15,072,629 7,375,370 16,511,968 9.55% 18000000 June 16,723,612 1,650,983 18,268,819 9.24% July 18,650,913 1,927,301 20,092,060 7.73% 12000000 August 20,262,440 1,611,526 21,933,664 8.25% 6000000 September 21,840,040 1,577,601 23,743,625 8.72% 0 General Fund October 24,521,445 2,681,405 25,786,333 5.16% 0 November 31,237,012 6,715,567 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC December 32,893,957 1,656,945 --*--Current Year Budget—iw—PriorYeaz 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 $ 55,778 $ 55,778 $ 69,441 24.49% February 90,478 34,700 115,535 27.69% March 125,274 34,796 257,285 105.38% April 181,702 56,428 311,272 71.31% May 237,805 56,103 353,545 48.67% June 293,909 56,104 444,366 51.19% July 353,267 59,358 535,072 51.46% August 420,422 67,155 613,259 45.87% September 484,359 63,937 698,389 44.19% October 552,822 68,463 783,021 41.64% November 607,861 55,039 December 650,000 42,139 Real Estate Excise Tax 1000000 800000 600000 400000 200000 0 , JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Current Year Budget —dr-- Prior Year Packet Page 288 of 400 17 City of Edmonds, WA Monthly Revenue Summary -Sales and Use Tax 2013 Sales and Use Tax Cumulative Monthly YTD Variance Sales and Use Tax Budget Forecast Budget Forecast Actuals % 6000000 January $ 392,903 $ 392,903 $ 406,956 3.58% 5000000 February 882,320 489,417 894,736 1.41% 4000000 March 1,238,984 356,664 1,265,893 2.17% April 1,604,214 365,230 1,641,662 2.33% 3000000 May 2,031,089 426,875 2,155,612 6.13% June 2,415,896 384,807 2,570,795 6.41% 2000000 July 2,803,625 387,729 2,994,986 6.83% ' 1000000 August 3,252,578 448,952 3,451,034 6.10% September 3,657,014 404,436 3,901,282 6.68% 0 October 4,072,784 415,770 4,372,215 7.35% JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC November 4,526,767 453,983 December 4,913,150 386,383 Current Year Budget-VP-PriorYear City of Edmonds, WA Monthly Revenue Summary -Gas Utility Tax 2013 Gas Utility Tax Cumulative Monthly YTD Variance Gas Utility Tax Budget Forecast Budget Forecast Actuals % 900000 January $ 112,486 $ 112,486 $ 94,836 -15.69% 800000 February 229,224 116,737 220,665 -3.73% 700000 -� March 336,151 106,927 303,170 -9.81% 600000 April 429,023 92,872 369,694 -13.83% 500000 May 504,596 75,573 437,820 -13.23% 400000 June 561,065 56,469 473,725 -15.57% July 603,809 42,744 505,954 -16.21% 300000 August 634,288 30,479 530,649 -16.34% 200000 September 661,890 27,602 552,442 -16.54% 100000 October 691,093 29,203 575,862 -16.67% 0 November 739,711 48,618 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC December 811,174 71,463 Current Year Budget -dr-- Prior Year 18 Packet Page 289 of 400 City of Edmonds, WA Monthly Revenue Summary -Telephone Utility Tax 2013 Telephone Utility Tax Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January $ February March April May June July August September October November December 107,059 $ 232,047 373,485 490,181 620,774 737,081 866,748 1,002,235 1,103, 617 1,258,978 1,352,112 1,529,498 Telephone Utility Tax 1600000 107,059 $ 134,596 25.72% 1400000 124,988 252,444 8.79% 1200000 141,439 366,495 -1.87% 116,696 484,087 -1.24% 1000000 130,593 598,247 -3.63% 800000 116,307 712,861 -3.29% 600000 129,667 823,494 -4.99% 135,487 935,506 -6.66% 400000 101,382 1,051,571 -4.72% 200000 155,360 1,162,447 -7.67% 0 93,134 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC 177,386 --*--Current Year Budget -*-- Prior Year City of Edmonds, WA Monthly Revenue Summary -Electric Utility Tax 2013 Dectric Utility Tax Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January $ February March April May June July August September October November December 157,586 $ 317,215 474,628 629,668 770,457 880,143 988,232 1,081,536 1,180, 052 1,266,232 1,372,866 1,475,638 I0VVVVV 157,586 $ 153,240 -2.76% 1400000 159,628 326,077 2.79% 157,413 487,478 2.71% 1200000 155,040 641,845 1.93% 1000000 140,789 787,005 2.15% 800000 109,686 897,904 2.02% 600000 108,088 997,566 0.94% 93,304 1,102,559 1.94% 400000 98,516 1,202,643 1.91% 200000 86,180 1,292,050 2.04% 0 Electric Utility Tax 106,634 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC 102,772 Current Year Budget t Prior Year Packet Page 290 of 400 19 City of Edmonds, WA Monthly Revenue Summary -Meter Water Sales 2013 Meter Water Sales Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January $ February March April May June July August September October November December 347,623 $ 651,849 1,067,462 1,359,550 1,783,049 2,093,928 2,569,516 2,993,552 3,592,341 4,018,622 4,521,753 4,837,500 347,623 $ 437,117 25.74% 304,227 730,089 12.00% 5000000 415,613 1,164,370 9.08% 4000000 292,088 1,452,341 6.83% 423,499 1,878,909 5.38% 3000000 310,879 2,208,023 5.45% 475,588 2,731,972 6.32% 2000000 424,036 3,181,544 6.28% 1000000 598,790 3,802,117 5.84% 0 Meter Water Sales 426,281 4,232,074 5.31% 0 ! 503,131 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC 315,747 --4-- Current Year Budget —*-- Prior Year City of Edmonds, WA Monthly Revenue Summary -Storm Water Sales 2013 Storm Water Sales Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January $ February March April May June July August September October November December 117,844 $ 579,476 793,715 984,066 1,198, 804 1,389,306 1,605,385 2,081,108 2,302,939 2,499,013 2,719,600 2,916,000 117,844 $ 206,626 -2.76% /:)vvvuu 461,633 650,563 2.79% 2000000 214,239 857,252 2.71% 190,351 1,041,396 1.93% 1500000 214,738 1,248,687 2.15% 190,502 1,432,755 2.02% 1000000 216,078 1,640,860 2.21% 500000 475,723 2,083,849 0.13% 221 831 2 290 999 -0 52% Storm Water Sales 0 196,074 2,475,111 -0.96% JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC 220,586 196,400 Current Year Budget -*I'- Prior Year Packet Page 291 of 400 20 City of Edmonds, WA Monthly Revenue Summary-Unmeter Sewer Sales 2013 Unmeter Sewer Sales Cumulative Monthly YrD Variance Budget Forecast Budget Forecast Actuals % Unmeter Sewer Sales January $ February March April May June July August September October November December 368,573 $ 739,189 1,192,379 1,561,692 2,020,421 2,393,961 2,860,441 3,236,691 3,711,615 4,088,150 4,558,319 4,935,000 5000000 368,573 $ 430,475 16.80% 370,616 776,988 5.11% 4000000 453,190 1,208,782 1.38% 369,313 1,556,465 -0.33% 3000000 458,729 1,988,901 -1.56% 373,540 2,339,183 -2.29% 2000000 466,480 2,784,857 -2.64% 376,249 3,139,291 -3.01% 1000000 474,925 3,594,704 -3.15% 376,535 3,954,165 -3.28% 0 470,169 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC 376,681 Current Year Budget t Prior Year Packet Page 292 of 400 21 City of Edmonds, WA Monthly Expenditure Report -General Fund 2013 General Fund Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January $ 3,250,313 $ 3,250,313 $4,106,837 26.35% February 5,727,381 2,477,068 5,821,040 1.64% 30000000 March 7,968,173 2,240,792 9,553,606 19.90% 24000000 April 11,067,788 3,099,615 11,303,195 2.13% May 13,073,304 2,005,516 13,034,788 -0.29% 18000000 June 16,387,500 3,314,196 15,541,665 -5.16% July 19,195,191 2,807,691 19,021,011 -0.91% 12000000 August 21,676,462 2,481,271 20,865,159 -3.74% 6000000 September 24,531,969 2,855,506 24,406,144 -0.51% 0 General Fund October 26,865,279 2,333,311 26,254,987 -2.27% 0 i November 29,418,685 2,553,405 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC December 33,364,665 3,945,980 --4-- Current Year Budget—VP—PriorYeaz City of Edmonds, WA Monthly Expenditure Report -Non -Departmental 2013 Non -Departmental Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % 14000UUU January $ 1,850,750 $ 1,850,750 $ 2,450,235 32.39% 12000000 February 2,398,875 548,126 2,488,604 3.74% March 2,730,636 331,761 4,520,241 65.54% 10000000 April 3,893,098 1,162,462 4,569,788 17.38% 8000000 May 4,106,886 213,788 4,665,570 13.60% June 5,908,180 1,801,294 5,464,269 -7.51% 6000000 July 6,725,281 817,101 7,050,688 4.84% 4000000 August 7,108,363 383,081 7,087,477 -0.29% September 8,030,573 922,210 8,883,176 10.62% 2000000 October 8,418,034 387,461 8,917,486 5.93% 0 Non -Departmental November 8,835,656 417,622 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC December 11,675,354 2,839,698 --#--CurrentYear Budget —I&— Prior Year 22 Packet Page 293 of 400 City of Edmonds, WA Monthly Expenditure Report -City Council 2013 City Council Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals 300000 Clay COUriCIl Office of Mayor 300000 250000 200000 150000 100000 50000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC � Current YearBudget �� Prior Year Packet Page 294 of 400 City of Edmonds, WA Monthly Expenditure Report -Human Resources 2013 Human Resources Cumulative Monthly YTD Variance Human Resources Budget Forecast Budget Forecast Actuals % 300000 January $ 22,078 $ 22,078 $ 19,264 -12.75% 250000 February 44,778 22,700 39,680 -11.38% March 73,759 28,981 59,024 -19.98% 200000 April 97,885 24,125 84,440 -13.73% May 123,450 25,565 105,495 -14.54% 150000 June 146,273 22,823 125,617 -14.12% July 170,756 24,483 148,360 -13.12% 100000 August 192,443 21,687 168,734 -12.32% 50000 September 219,283 26,840 189,163 -13.74% October 240,551 21,268 217,020 -9.78% 0 November 262,353 21,802 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC December 296,058 33,705 --*--Current Year Budget -vr- Prior Year City of Edmonds, WA Monthly Expenditure Report -Municipal Court 2013 Municipal Court Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals Municipal Court 800000 Packet Page 295 of 400 City of Edmonds, WA Monthly Expenditure Report -Community Services/Economic Development 2013 Community Services/Economic Development Cumulative Monthly TrD Variance Budget Forecast Budget Forecast Actuals % January $ 23,903 $ 23,903 $ 23,455 -1.87% February 60,185 36,282 54,572 -9.33% March 91,793 31,608 82,365 -10.27% April 121,470 29,677 112,729 -7.20% May 154,163 32,693 141,547 -8.18% June 181,237 27,074 168,121 -7.24% July 219,725 38,487 204,034 -7.14% August 245,828 26,103 233,447 -5.04% September 275,198 29,370 265,038 -3.69% October 306,118 30,920 296,034 -3.29% November 332,806 26,688 December 377,764 44,958 Community Services/Economic Development 500000 400000 ' 300000 .1' .1' 200000 100000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Current Year Budget -0-- Prior Year City of Edmonds, WA Monthly Expenditure Report -City Clerk 2013 Clerk Cumulative Monthly TrD Variance Budget Forecast Budget Forecast Actuals % F.0000 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% 1500000 45,750 83,146 -9.95% 400000 53,085 132,277 -9.04% 45,311 174,295 -8.62% 300000 55,380 211,369 -14.12% 47,455 255,790 -12.87% 200000 50,736 299,585 -12.99% 100000 44,142 359,928 -7.34% 50,484 409,740 -6.65% 0 City Clerk 43,390 495,285 2.69% JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC 49,991 54,526 Current Year Budget --Jk--PriorYear Packet Page 296 of 400 25 City of Edmonds, WA Monthly Expenditure Report -Information Services 2013 Information Services Cumulative Monthly YTD Variance Information Services Budget Forecast Budget Forecast Actuals % 800000 January $ 41,269 $ 41,269 $ 92,733 124.70% 700000 February 107,231 65,962 139,675 30.26% 600000 March 158,641 51,411 195,470 23.22% April 207,023 48,382 243,433 17.59% 500000 May 261,979 54,956 273,992 4.59% 400000 - June 315,391 53,412 303,287 -3.84% 300000 July 362,173 46,782 335,108 -7.47% j 200000 August 424,531 62,358 368,611 -13.17% September 470,769 46,238 410,614 -12.78% 100000 October 532,119 61,350 444,839 -16.40% 0 November 602,123 70,004 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC December 723,534 121,411 -*.-Current Year Budget -vr- Prior Year City of Edmonds, WA Monthly Expenditure Report -Finance 2013 Finance Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals Finance 800000 Packet Page 297 of 400 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 41,600 $ 83,200 124,800 166,400 208,000 249,600 291,200 332,800 374,400 416,000 457,600 499,200 41,600 $ 45,000 8.17% 41,600 85,261 2.48% 400000 41,600 110,418-11.52% 41,600 163,684 -1.63% 300000 41,600 192,124 -7.63% 41,600 245,534 -1.63% 200000 41,600 284,215 -2.40% 41,600 324,528 -2.49% 100000 41,600 360,467 -3.72% 41,600 396,560 -4.67% City Attorney 0 41,600 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC 41,600 ---#.- Current Year Budget -*-- Prior Year City of Edmonds, WA Monthly Expenditure Report -Police 2013 Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January $ February March April May June July August September October November December 715,062 $ 1,417,014 2,156,086 2,853,510 3,544,071 4,329,085 5,050,705 5,766,979 6,511,257 7,230,816 8,198,583 8,973,400 715,062 $ 711,651 -0.48% 7000000 701,952 1,406,388 -0.75% 6000000 739,072 2,104,655 -2.39% 697,424 2,792,819 -2.13% 5000000 690,561 3,483,129 -1.72% 4000000 785,015 4,227,018 -2.36% 3000000 721,620 4,972,804 -1.54% 2000000 716,274 5,693,804 -1.27% 1000000 744,278 6,439,813 -1.10% 0 Police 719,559 7,221,628 -0.13% JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC 967,766 774,817 Current Year Budget -dr-, Prior Year Packet Page 298 of 400 27 City of Edmonds, WA Monthly Expenditure Report -Development Services 2013 Development Services Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January $ 135,540 $ 135,540 $ 134,416 -0.83% February 273,132 137,592 262,483 -3.90% March 423,545 150,413 425,124 0.37% April 562,466 138,921 535,005 -4.88% May 702,372 139,906 651,747 -7.21% June 839,698 137,326 775,062 -7.70% July 971,469 131,771 904,561 -6.89% August 1,114,664 143,195 1,024,079 -8.13% September 1,255,893 141,229 1,155,315 -8.01% October 1,405,922 150,029 1,289,203 -8.30% November 1,544,018 138,095 December 1,687,894 143,876 Development Services 1800000 1600000 1400000 1200000 1000000 800000 600000 400000 200000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC -*--Current Year Budget -*-- Prior Year City of Edmonds, WA Monthly Expenditure Report -Parks & Recreation 2013 Parks & Recreation Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January $ February March April May June July August September October November December 220,369 $ 458,913 716,059 965,334 1,222,832 1,540,910 1,933,815 2,326,622 2,634,141 2,883,640 3,116,121 3,422,517 220,369 $ 206,466 -6.31% 3000000 238,545 441,862 -3.72% 257,146 687,221 -4.03% 2500000 249,275 940,767 -2.54% 2000000 257,498 1,200,892 -1.79% 318,077 1,473,023 -4.41% 1500000 392,905 1,896,279 -1.94% 1000000 392,807 2,266,919 -2.57% 307,520 2,534,360 -3.79% 500000 249,499 2,814,463 -2.40% 0 Parks & Recreation 232,481 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC 306,396 1 Current Year Budget t Prior Year Packet Page 299 of 400 28 City of Edmonds, WA Monthly Expenditure Report -Public Works 2013 Public Works Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January $ 27,007 $ 27,007 $ 26,193 -3.01% February 52,806 25,799 53,241 0.82% March 79,315 26,509 80,244 1.17% April 104,820 25,505 106,672 1.77% May 130,712 25,892 135,132 3.38% June 156,718 26,006 162,172 3.48% July 192,014 35,296 190,140 -0.98% August 217,880 25,866 217,744 -0.06% September 244,097 26,217 245,061 0.39% October 270,921 26,824 272,136 0.45% November 295,226 24,305 December 324,517 29,291 Public Works 400000 350000 300000 250000 �• *AL,'' '�• 200000 ' �• 150000 100000 50000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Current Year Budget -*-- Prior Year City of Edmonds, WA Monthly Expenditure Report -Facilities Maintenance 2013 Facilities Maintenance Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January $ February March April May June July August September October November December 106,672 $ 220,921 343,665 478,949 552,523 670,350 775,460 878,941 997,041 1,099,774 1,211,822 1,344,159 1400000 106,672 $ 98,355 -7.80% 1200000 114,249 209,083 -5.36% 122,743 320,411 -6.77% 1000000 135,284 434,291 -9.32% 800000 73,574 553,398 0.16% 117,826 639,087 -4.66% 600000 105,110 762,458 -1.68% 400000 103,481 866,245 -1.44% 118,100 975,946 -2.12% 200000 102,733 1,077,731 -2.00% 0 Facilities Maintenance 112,048 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC 132,337 Current Year Budget t Prior Year Packet Page 300 of 400 29 EnLAneeri City of Edmonds, WA Monthly Expenditure Report -Engineering 2013 Cumulative Monthly YTD Variance Budget Forecast Budget Forecast ActuaIs January $ February March April May June July August September October November December 114,876 $ 230,249 344,770 468,067 577,602 692,761 811,020 927,980 1,048,722 1,171, 901 1,285,284 1,394,458 1400000 114,876 $ 116,885 1.75% 1200000 115,373 232,112 0.81% 114,522 347,757 0.87% 1000000 123,296 462,638 -1.16% 800000 109,535 579,950 0.41% 115,159 687,628 -0.74% 600000 118,259 795,569 -1.91% Engine a ring 116,960 903,068 -2.68% 400000 120,742 1,013,993 -3.31% 200000 i 123,179 1,126,760 -3.85% 0 113,383 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC 109,174 —� Current Year Budget --*-- Prior Year Packet Page 301 of 400 30 INVESTMENT PORTFOLIO SUMMARY City of Edmonds Investment Portfolio Summary As of October 31, 2013 Agency/Issuer Investment Ty Washington State Local Investment Pool Government Investment Pool Snohomish County Investment Pool Investment Pool Opus Bank Certificate of Deposit FHLMC Bonds FHLMC Bonds FFCB Bonds TOTAL Investment Mix State Investment Pool Certificate of Deposit Bonds (a) To maturity. (a) Term Purchase Purchase Maturity/Call ** Yield to Weighted nonths) Date Price Date Maturity Average Various $19,852,862 Various 0.13% 0.075% Various $10,000,000 Various 0.65% 0.196% 24 9/17/2012 500,000 9/17/2014 0.60% 0.009% 60 12/28/2012 1,000,000 12/28/2013 ** 0.90% 0.027% 54 12/27/2012 1,000,000 12/27/2013 ** 0.75% 0.022% 45 12/19/2012 1,000,000 1 1 /27/2013 ** 0.54% 0.016% $33,352,862 % of Total Summary 0.35% 0.345% 59.5% Cu rrent 6-m onth treasuryrate 0.08% 1.5% Current State Pool rate 0.13% 9.0% Blended Edmonds rate 0.35% 70.0% Packet Page 302 of 400 31 GENERAL FUND OVERVIEW General Fund 16 14 — 12 $9.95 10 8 ❑ General c 0 ZE 6 Fund 4 — 2 Dec 2012 Sent 2013 Oct 2013 *Please note that these revenues and expenses occur within annual cycles. This Interim Report is not adjusted for accruals or those annual cycles. 32 FUND BALANCES CHANGE IN FUND BALANCES GENERAL FUND ---- ACTUAL ---- ---- ACTUAL ---- 12/31/2012 9/30/2013 10/31/2013 Q3 YTD 001-General Fund $ 4,635,301 $ 3,972,782 $ 4,166,647 $ (3,390,379) $ (468,654) 009-Leoff-Medical Ins. Reserve 388,509 330,940 306,197 (68,144) (82,312) 011-Risk Management Fund 114,000 40,122 37,195 64,377 (76,805) 012 -Contingency Reserve Fund 5,278,152 5,343,486 5,343,882 1,507 65,730 013-Mulitmodal Transportation FD 55,859 55,859 55,859 - - 014-Historic Preservation Gift Fund 1,063 (3,503) (3,503) (4,475) (4,566) 016-Building Maintenance 214,026 208,001 152,260 (22,137) (61,766) Total General Fund $ 10,686,910 $ 9,947,688 $ 10,058,536 $ (3,419,250) $ (628,374) Packet Page 303 of 400 GOVERNMENTAL FUNDS OVERVIEW Governmental Fund Balances -By Fund Group Governmental Fund Balances - Combined 16 14 18 $16.44 $16.30 $15.04 12 9 10 General c Fund c 12 o - 8 (Special Revenue 6 9 --A— Debt 6 4 Service 2 $0.0� Dec 2012 Sept 2013 Oct 2013 Dec 2012 Sept 2013 Oct 2013 *Please note that these revenues and expenses occur within annual cycles. This Interim Report is not adjusted for accruals or those annual cycles. 33 CHANGE IN FUND FUND BALANCES BALANCES GOVERNMENTAL ---- ACTUAL ---- ---- ACTUAL ---- FUNDS 12/31 /2012 9/30/2013 10/31 /2013 Q3 YTD General Fund $ 10,686,910 $ 9,947,688 $ 10,058,536 $ (3,419,250) $ (628,374) Special Revenue 4,324,145 6,439,112 6,189,259 525,211 1,865,114 Debt Service 26,229 56,722 56,724 24,566 30,495 Total Governmental Funds $ 15,037,284 $ 16,443,522 $ 16,304,519 $ (2,869,473) $ 1,267,235 Packet Page 304 of 400 SPECIAL REVENUE FUNDS OVERVIEW Special Revenue Funds 8 7 $6.44 6 5 0 4 ■ Special 3 Revenue 2 1 Dec 2012 Sept 2013 Oct 2013 Ell *Please note that these revenues and expenses occur within annual cycles. This Interim Report is not adjusted for accruals or those annual cycles. 34 FUND BALANCES CHANGE IN FUND BALANCES GOVERNMENTAL ---- ACTUAL ---- ---- ACTUAL ---- Special Revenue Packet Page 305 of 400 ENTERPRISE FUNDS OVERVIEW ENTERPRISE FUND BALANCES CHANGE IN FUND ---- ACTUAL ---- ---- ACTUAL ---- FUNDS 12/31 /2012 9/30/2013 10/31 /2013 Q3 YTD 421 - Water Utility Fund $ 14,637,482 $ 14,349,609 $ 14,149,196 $ 2,089,787 $ (488,286) 422 - Storm Utility Fund 8,400,457 8,991,068 8,869,388 1,301,157 468,931 423 - Sewer/WWTP Utility Fund 43,316,528 40,623,288 39,365,789 (1,495,385) (3,950,739) 424 - Bond Reserve Fund - (82,095) (82,095) (82,095) (82,095) 411 - Combined Utility Operation - 174,073 193,017 55,681 193,017 Total Enterprise Funds $ 66,354,467 $ 64,055,943 $ 62,495,296 $ 1,869,144 $ (3,859,171) Enterprise Fund Balances as of October 31, 2013 $50,000,000 $39,365,789 $40,000,000 $30,000,000 $20,000,000 $14,149,196 $8,869,388 $10,000,000 $193,017 Combined Utility Operation Water Utility Fund Storm Utility Fund Sewer/WWTP Utility Fund *Please note that these revenues and expenses occur within annual cycles. This Interim Report is not adjusted for accruals or those annual cycles. 35 Packet Page 306 of 400 SUMMARY OVERVIEW FUND BALANCES CHANGE IN FUND BALANCES CITY-WIDE ---- ACTUAL ---- ---- ACTUAL ---- 12/31 /2012 9/30/2013 10/31 /2013 Q3 YTD Governmental Funds $ 15,037,284 $ 16,443,522 $ 16,304,519 $ (2,896,797) $ 1,267,235 Enterprise Funds 66,354,467 64,055,943 62,495,296 1,869,144 (3,859,171) Internal Services Fund 6,536,284 7,054,918 7,028,036 185,723 491,752 Pension Trust Fund 216,719 202,084 197,629 (11,421) (19,090) Total City-wide Total $ 88,144,754 $ 87,756,467 $ 86,025,480 $ (853,351) $ (2,119,274) Governmental Fund Balances as of October 31, 2013 2012 LTGO Debt Service Fund $496 L.I.D. Guaranty Fund $25 754 L.I.D. Fund Control $30,474 Sister City Commission $17,253 Cemetery Maintenance Trust Fund $ 32,740 Parks Trust Fund $150,186 Parks Construction Fund E $630,855 Cemetery Maintenance/Improvement $67 155 Special Projects Fund $129 433 Gifts Catalog Fund $218,91 Real Estate Excise Tax 1, Parks Acq $1,060,734 Real Estate Excise Tax 2 $1,627,823 Tourism Promotional Fund/Arts $78,228 Youth Scholarship Fund $13,087 Employee Parking Permit Fund — $63,883 Hotel/Motel Tax Revenue Fund $103,693 Memorial Street Fund $17,685 Municipal Arts Acquis. Fund 1 $434,911 Combined Street Const/Improve 1 $442 359 Street Fund $202,565 Drug Enforcement Fund $97,752 General Fund $10,058,536 $1 $2,000,000 *Please note that these revenues and expenses occur within annual cycles. This Interim Report is not adjusted for accruals or those annual cycles. 36 Packet Page 307 of 400 INTERNAL SERVICE FUNDS OVERVIEW Internal Service Fund Balances 8 $7.05 $7.03 $6.54 6 c c 511- Equipment Rental Fund 4 2 Dec 2012 Sept 2013 Oct 2013 *Please note that these revenues and expenses occur within annual cycles. This Interim Report is not adjusted for accruals or those annual cycles. 37 FUND BALANCES CHANGE IN FUND INTERNAL SERVICE BALANCES ---- ACTUAL ---- - ACTUAL ---- FUNDS 12/31 /2012 9/30/2013 10/31 /2013 Q3 YTD 511 -Equipment Rental Fund $ 6,536,284 $ 7,054,918 $ 7,028,036 $ 185,723 $ 491,752 Total Internal Service Funds $ 6,536,284 $ 7,054,918 $ 7,028,036 $ 185,723 $ 491,752 Packet Page 308 of 400 AM-6388 City Council Meeting and Committee Meetings Meeting Date: 12/10/2013 Time: 10 Minutes Submitted For: Roger Neumaier Department: Finance Committee: Finance Submitted By: Roger Neumaier Tyne: Action Information Subject Title Review Interlocal Agreement Clarification between City and EPFD Recommendation Committee approve approach and forward to City Council for 12/17 full Council approval. Previous Council Action Narrative 10. E. The City has outstanding bonds including almost $5 million that it bonded on behalf of the Edmonds Public Facility District. Because the PFD is a component unit of the City, the accounting treatment must be consistent between the two entities (i.e., if the PFD has a liability, the City must have the asset and if the PFD does not have the liability, the City cannot have the asset). The City has included this amount as a receivable in its annual financial report since the debt was originated and the PFD has included it as a liability in its annual reports. In reviewing the City's and PFD's 2012 financial reports, the State Auditor concluded that these elements should not be included in these reports and recommended that they be removed utilizing prior period adjustments. The Auditor's concern was based upon their interpretation that future payments were limited to future Sales Tax receipts. Based upon this recommendation, the City did remove the asset utilizing a prior period adjustment and the EPFD prepared financial statements that removed the liability. The Auditor has indicated to the City and EPFD that if the City and EPFD agree in a written letter that the future payments are not limited to sales tax, that the prior period adjustments can be removed. Finance staff have met with EPFD representatives to negotiate such a letter of clarification. The letter of clarification is limited to the issues addressed by the State Auditor. The State Auditor has indicated that the letter "makes intentions between the parties involved clear and that it addresses the concerns noted in the audits of the City and the PFD." We are requesting Council confirmation of this letter. Once approved by Council and the PFD Board, the Finance Director and Executive Director of the EPFD will sign the letter and associated changes will then be made to the financial statements. Fiscal Year: Fiscal Impact• None. Draft Clarification Letter Fiscal Impact Revenue: Attachments Form Review Expenditure: Packet Page 309 of 400 Inbox City Clerk Mayor Finalize for Agenda Fonn Started By: Roger Neumaier Final Approval Date: 12/05/2013 Reviewed By Scott Passey Dave Earling Scott Passey Date 12/05/2013 11:18 AM 12/05/2013 01:47 PM 12/05/2013 02:44 PM Started On: 12/05/2013 10:49 AM Packet Page 310 of 400 Letter of Agreement between Edmonds Public Facilities District and City of Edmonds Re: Clarification of the 2002 Interlocal Agreement between City of Edmonds and Edmonds Public Facilities District WHEREAS, the City of Edmonds ("City") and Edmonds Public Facilities District ("EPFD") entered into an Inter - local Agreement (ILA) dated 11/04/2002 ("2002 ILA") for the purpose of issuing bonds to finance renovation of the facility known as the Edmonds Center for the Arts ("ECA"); and WHEREAS, the terms of the 2002 ILA describe the responsibilities of the Parties for repayment of the principal and interest of the bonds issued to finance that renovation; and WHEREAS, the State Auditor has expressed strong concern regarding the appropriateness of booking the PFD's liability and the City's receivable for these future payments if annual payments are limited to Sales Tax receipts. WHEREAS, the Parties wish to clarify and resolve differences in interpretation of the terms of the 2002 ILA requiring the EPFD to reimburse the City for payment of principal and interest due on the bonds; NOW THEREFORE, the Parties agree as follows: The City and the EPFD recognize that future payments from the PFD to the City may not be limited to Sales Tax receipts. 3. Pending agreement from the State Auditor, the EPFD will remove the proposed prior period adjustment from the EPFD's 2012 financial statement; and 4. The City will then remove the prior period adjustment from the City's 2012 financial statement. Agreed to this 5th day of December, 2013 by: For the City Printed Name Relationship to the City Date signed For the EPFD Printed Name Relationship to the EPFD Date signed Packet Page 311 of 400 AM-6391 City Council Meeting and Committee Meetings Meeting Date: 12/10/2013 Time: 15 Minutes Submitted For: Roger Neumaier Department: Finance Committee: Finance Subject Title Council Notification on Financial Reporting Submitted By: Roger Neumaier Tyne: Information Information Recommendation Discussion with intent of further discussion in a future Committee meeting and then Council action. Previous Council Action 10. F. Narrative Council has expressed concern regarding a prior period adjustment that was included in the 2012 Annual Financial Report. The Finance Department has been asked to propose a mechanism for assuring communication on issues such as this in the future. The Finance Department concurs that it would be advantageous to assure communication with the entire Council on any material change to the City's annual financial report. In addition, Finance has recommended that it would be a good practice to have the Council review and authorize the writing off of specific delinquent receivable accounts within the City's financial systems before those assets are written -off. Writing off an asset removes that asset from the financial statement as a receivable, but does not affect the amount due to the City or the City's rights to pursue collection. Finally, 3.04.050 requires that a preliminary CAFR summary be shared by the April following fiscal year end. A more achievable time frame would be prior to the end of May. City Code 3.04.050 (current code attached as a PDF), could be amended to address each of these issues. 3.04.050 is shown below amended to achieve these purposes: 3.04.050 Comprehensive Annual Financial Report The Comprehensive Annual Financial Report (CAFR) shall be timely and meet or exceed professional industry standards. A preliminary CAFR summary will be required by the end of the second month subsequent to the first quarter. A. The Council shall be notified and consulted with by the Finance Department prior to any material changes in financial reporting principles or practices are made to the Consolidated Annual Financial Report. B. On at least an annual basis, the Finance Department will submit to the Council and seek for authorization from the Council a listing of City accounts receivable to be written off. C. Revenues and Expenditures for the General Fund and all operating funds shall be projected for the ensuring biennium. Biennium Budget Amendments shall be clearly labeled identifying the report and date and if any ordinance requires City Council deliberations, those items shall be highlighted. The Council shall be notified prior to any material changes in financial reporting principles or practices are made to the Consolidated Annual Financial Report. D. The city's Budget and Biennial budget documents shall provide for comparison with prior years. Packet Page 312 of 400 Current 3.04.050 Inbox City Clerk Mayor Finalize for Agenda Form Started By: Roger Neumaier Final Approval Date: 12/06/2013 Attachments Form Review Reviewed By Date Scott Passey 12/05/2013 02:43 PM Dave Earling 12/06/2013 08:59 AM Scott Passey 12/06/2013 09:02 AM Started On: 12/05/2013 01:33 PM Packet Page 313 of 400 3.04.050 Comprehensive annual financial report. The comprehensive annual financial report (CAFR) shall be timely and meet or exceed professional industry standards. A preliminary CAFR summary will be required by the first month subsequent to the first quarter. A. Revenues and expenditures for the general fund and all operating funds shall be projected for the ensuing biennium. Biennium budget amendments shall be clearly labeled identifying the report and date and if any ordinance requires city council deliberations, those items shall be highlighted. B. The city's budget and biennial budget documents shall provide for comparison with prior years. [Ord. 3789 § 1, 2010]. Packet Page 314 of 400 AM-6395 City Council Meeting and Committee Meetings Meeting Date: 12/10/2013 Time: 5 Minutes Submitted For: Roger Neumaier Department: Finance Committee: Finance Subject Title Refinancing of City of Edmonds 2003 UTGO Bonds Submitted By: Roger Neumaier Tyne: Action Information 10. G. Recommendation We are asking for Council confirmation of the strategy recommended by Alan Dashen in the attached letter. Previous Council Action Narrative In 1996, the City issued $9,275,000 of UTGO Bonds to finance two fire stations and the public safety building, following a favorable vote by the City's citizens. In 2003, with declining interest rates, the City issued $7,000,000 of UTGO Refunding Bonds, refinancing the 1996 Bonds. The 2003 Bonds are callable any time after December 1, 2013, and the City has the ability to refinance these bonds, saving the City taxpayers some money. The par amount of the 2003 Bonds that can be refunded is $2,720,000, with an average interest rate of 3.41%. The final maturity is December 1, 2016. Alan Dashen estimates that the savings from this will total $90,000 to $100,000. The City can either refinance this debt through a bond issue or through a bank loan. Typically bond issues work better for larger par amounts and longer maturities. Given the size and final maturity of the 2003 Bonds, Dashen has recommended pursuing a bank loan. In this process, his firm is contacting two or three local banks for interest rate quotes and fees. At the same time, we would look at the potential savings for a bond issue. At this point, we are moving ahead to firm up the estimate of savings based upon feedback from banks. We are also preparing Bond Counsel to provide for us, upon Council authorization, appropriate documents to move forward. Fiscal Year: Fiscal Impact Revenue: Expenditure: Fiscal Impact• The total present value of future savings will be $90 thousand to the City's General Fund for 2014, 2015 and 2016. Dashen Letter Inbox City Clerk Mayor Finalize for Agenda Attachments Form Review Reviewed By Date Scott Passey 12/05/2013 03:41 PM Dave Earling 12/06/2013 08:59 AM Scott Passey 12/06/2013 09:02 AM Packet Page 315 of 400 Form Started By: Roger Neumaier Started On: 12/05/2013 03:21 PM Final Approval Date: 12/06/2013 Packet Page 316 of 400 November 14, 2013 MEMORANDUM To: Roger Neumaier, Finance Director, City of Edmonds From: Alan Dashen Cc: Scott Bauer Subject: Refinancing of City of Edmonds 2003 UTGO Bonds This memorandum summarizes our discussions regarding refinancing of the City's Unlimited Tax General Obligation (UTGO) Refunding Bonds, 2003 (the "2003 Bonds"). BACKGROUND In 1996, the City issued $9,275,000 of UTGO Bonds to finance two fire stations and the public safety building, following a favorable vote by the City's citizens. In 2003, with declining interest rates, the City issued $7,000,000 of UTGO Refunding Bonds, refinancing the 1996 Bonds. The 2003 Bonds are callable any time after December 1, 2013, and the City has the ability to refinance these bonds, saving the City taxpayers some money. The par amount of the 2003 Bonds that can be refunded is $2,720,000, with an average interest rate of 3.41%. The final maturity is December 1, 2016. We estimate that the savings from this will total $90,000 to $100,000. While this may not seem like a lot of money, this is a direct benefit to the citizens of the City and, in our opinion is worth pursuing REFINANCING OPTIONS The City can either refinance this debt through a bond issue or through a bank loan. Typically bond issues work better for larger par amounts and longer maturities. Given the size and final maturity of the 2003 Bonds, we would recommend pursuing a bank loan. In this process, we would contact two or three local banks for interest rate quotes and fees. At the same time, we would look at the potential savings for a bond issue. However, unless the bond issue provides substantially more savings, the bank loan is much less work for the City staff and can be done more quickly, reducing the risk on interest rate increases. NEXT STEPS With your concurrence, we will put together a schedule and request proposals from some banks for a loan. At the same time, we will look at the option of a bond issue, keeping in mind the caveats above. Packet Page 317 of 400 AM-6400 City Council Meeting and Committee Meetings Meeting Date: 12/10/2013 Time: 5 Minutes Submitted For: Roger Neumaier Department: Finance Committee: Finance Subject Title Utility Tax Rate Renewal Ordinance. Submitted By: Roger Neumaier Tyne: Information Recommendation Approve and move to the Council's December 17th agenda. Previous Council Action Action 10. H. Narrative The City's occupation tax for Public Utility Districts is currently set at six percent. on December 31, 2013, the six percent occupation tax for Public Utility Districts is set to automatically expire and be repealed. If the rate expires, the rate will return to 5.25%. The Electric Utility tax is budgeted for 2014 at $1,490,394. The reduction of 0.75% would be equal to $186,300. This ordinance would remove that expiration date and accordingly, continue the rate at its current levels. Utility Tax Renewal Ordinance Inbox City Clerk Mayor Finalize for Agenda Fonn Started By: Roger Neumaier Final Approval Date: 12/06/2013 Reviewed By Scott Passey Dave Earling Scott Passey Attachments Form Review Date 12/06/2013 02:24 PM 12/06/2013 02:43 PM 12/06/2013 02:46 PM Started On: 12/06/2013 01:35 PM Packet Page 318 of 400 ORDINANCE No. AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE PROVISIONS OF SECTION 3.20.050 OCCUPATIONS SUBJECT TO TAX - AMOUNTS, RELATING TO UTILITY TAX RATES FOR PUBLIC UTILITY DISTRICTS IN ORDER TO MAINTAIN SUCH RATES AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, the City's occupation tax for Public Utility Districts is currently set at six percent; and WHEREAS, the City Council has passed the City's budget for Fiscal Year 2014; and WHEREAS, said budget includes revenue estimates established with the current occupation tax for Public Utility Districts; and WHEREAS, on December 31, 2013, the six percent occupation tax for Public Utility Districts is set to automatically expire and be repealed; and WHEREAS, the City Council deems it to be in the public interest to maintain current occupation tax rates for Public Utility Districts finding them necessary and consistent to support continuity of quality and quantity of municipal services; Now, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The Edmonds City Code Section 3.20.050 Occupations subject to tax - Amounts, is hereby amended to read as follows: 3.20.050 Occupations subject to tax — Amounts. Sellers of electricity, gas, water, sewer, cable television and telephone services shall be subject to the taxes imposed by this chapter. There are levied upon, and shall be collected from, every person, firm, corporation or other entity on account of the business activities, license and occupation taxes in the amounts to be determined by the application of the rates against gross income as follows: Packet Page 319 of 400 ■ is 3. PfeviRed, hew veftha4 there shall be n ta, i of derived f e f the sale f eleet. ieity r^r a A. Public Utility Districts. Upon every person, firm, corporation or other entity engaged in or carrying on the business of selling or furnishing electrical energy and power a tax equal to six percent is levied upon the total gross income from the sale of electricity within the corporate limits of the city during and for the term for which the occupation license is required provided, however, that there shall be no tax or fee upon revenues derived from the sale of electricity for the purposes of resale. B. Natural or Manufactured Gas and Service. Upon every person, firm, corporation or other entity engaged in or carrying on the business of transmitting, distributing, selling and furnishing natural and/or manufactured gas, a tax equal to six percent of the total gross income from the sale of gas within the corporate limits of the city during and for the term for which the occupation license is required. C. Brokered Natural Gas — Use Tax in Lieu of Occupations Tax. There is imposed under the authority of RCW 35.21.870 a use tax on the consumers of brokered natural gas. Such tax shall be in lieu of the tax imposed by subsection (B) of this section when consumers receive natural gas directly from a producer of manufactured natural gas outside of the state of Washington. Such tax shall be the same as that imposed on a natural manufactured gas utility by subsection (B) of this section, equal to six percent of the customer's monthly purchases or other use charge by the broker of out-of-state natural gas. D. Telephone Business. A tax equal to six percent of the gross subscribers' exchange monthly service charges billed to business and residence customers located within the corporate limits of the city, together with six percent of gross income derived from intrastate toll service provided to business and residential customers located within the corporate limits of the city. Packet Page 320 of 400 E. Cable Television. Pursuant to Chapter 4.68 ECC, community antenna television systems, commonly known as cable television franchisees, are hereby levied a franchise fee of five percent, as authorized by 47 U.S.C. Section 542(a) and RCW 35.21.860, on all gross revenues derived from any source of revenue by cable television franchisees from their cable television operations in the city of Edmonds. In addition thereto, a business license tax, as authorized in part by 47 U.S.C. Section 542(g)(2)(A), is hereby levied equal to six percent on all gross revenues derived from any source of revenue by cable television franchisees from their cable television operations in the city of Edmonds. F. City Sewer Utility. The city of Edmonds, as a seller of sewer services, shall be subject to the tax imposed by this chapter. The sewer utility shall pay a license fee or tax equal to 10 percent of the gross income from the city's sewer utility. G. Solid Waste Haulers. Any solid waste hauler shall be subject to the tax imposed by this chapter. The solid waste hauler shall pay a tax equal to six percent of the total gross income from the charges derived from solid waste disposal services within the corporate limits of the city during and for the term for which the occupation license is required. H. City Water Utility. The city of Edmonds, as the seller of water services, shall be subject to the tax imposed by this chapter. The water utility shall pay a license tax or fee equal to 18.7 percent on the gross income from the city's water utility. I. City Storm Water Utility. The city of Edmonds, as the seller of storm water services, shall be subject to the tax imposed by this chapter. The storm water utility shall pay a license tax or fee equal to 10 percent on the gross income from the city's storm water utility. Section 2: Effective Date. This Ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum, and shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. APPROVED: MAYOR DAVE O. EARLING Packet Page 321 of 400 ATTEST/AUTHENTICATED: CITY CLERK, SCOTT PASSEY APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: M. JEFFREY B. TARADAY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. Packet Page 322 of 400 SUMMARY OF ORDINANCE NO. of the City of Edmonds, Washington On the day of , 201, the City Council of the City of Edmonds passes Ordinance No. . A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE PROVISIONS OF SECTION 3.20.050 OCCUPATIONS SUBJECT TO TAX — AMOUNTS, RELATING TO UTILITY TAX RATES FOR PUBLIC UTILITY DISTRICTS IN ORDER TO MAINTAIN SUCH RATES AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this day of , 201 CITY CLERK, SCOTT PASSEY Packet Page 323 of 400 AM-6351 City Council Meeting and Committee Meetings Meeting Date: 12/10/2013 Time: 5 Minutes Submitted For: Phil Williams Submitted By: Kody McConnell Department: Public Works Committee: Finance Tyne: Action Information Subject Title Authorization to Contract with James G. Murphy to Sell Surplus City Vehicles 10.1. Recommendation It is recommended that authorization be given to Public Works to contract with James G. Murphy Auctioneers to sell one surplus vehicle obtained through a seizure by the Edmonds Police Department and two surplus City vehicles. Previous Council Action N/A 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: 2001 Audi A6 VIN# WAUZL54B41N126953 WA License # 537-YQY The following vehicles are surplus City vehicles: Unit # 19-WTR 1995 Ford F-250 VIN# IFTHX25H9SKA45146 Unit # 775-POL 2009 Ford Crown Victoria VIN# 2FAHP7 I V29X 142775 Fiscal Year: 2014 Fiscal impact Revenue: 4,000 Fiscal Impact: Monies from auction of seized vehicle will be deposited into the general fund. Fiscal Year: 2014 Revenue: 5,500 Fiscal Impact• Monies from auction of surplus City vehicles will be deposited into B-Fund replacement account. Inbox City Clerk Mayor Finalize for Agenda Form Started By: Kody McConnell Form Review Reviewed By Date Scott Passey 12/02/2013 01:00 PM Dave Earling 12/03/2013 02:03 PM Scott Passey 12/05/2013 09:07 AM Started On: 11/21/2013 02:43 PM Expenditure: Expenditure: Packet Page 324 of 400 Final Approval Date: 12/05/2013 Packet Page 325 of 400 AM-6372 City Council Meeting and Committee Meetings Meeting Date: 12/10/2013 Time: 10 Minutes Submitted For: Councilmember Bloom Submitted By. Jana Spellman Department: City Council Committee: Parks, Planning, Public Works Tyne: Information Information Subject Title Docket of Proposed Comprehensive Plan Amendment and proposed re -zone for Unocal lower yard. 11. A. Recommendation Request staff to docket a Comprehensive Plan amendment, and commence re -zone process to designate and re -zone the Unocal lower yard from MP2 to Public (P) or Open Space (OS). Previous Council Action Re -zone of Unocal lower yard to MP2 in 2002. Narrative Because of plans for restoration of the Edmonds Marsh, the MP2 zoning is no longer appropriate for this site. This agenda item is to start the process, and it is required that the process will include public comment. Attachments Attach 1: MP Zone ECDC Attach 2: P - Public Use Zone ECDC Attach 3: Open Space Zone ECDC Form Review Inbox Reviewed By City Clerk Scott Passey Mayor Dave Earling Finalize for Agenda Scott Passey Form Started By: Jana Spellman Final Approval Date: 12/06/2013 Date 12/04/2013 11:35 AM 12/06/2013 08:59 AM 12/06/2013 09:02 AM Started On: 12/03/2013 09:20 AM Packet Page 326 of 400 Chapter 16.75 MP — MASTER PLAN HILLSIDE MIXED -USE ZONE Page 1 of 5 Chapter 16.75 MP — MASTER PLAN HILLSIDE MIXED -USE ZONE Sections: 16.75.000 MP — Master plan hillside mixed -use zone 16.75.005 Purpose. 16.75.010 Uses. 16.75.020 Site development standards. 16.75.000 MP — Master plan hillside mixed -use zone. This chapter establishes the hillside mixed -use zoning district comprised of two distinct zoning categories which are identical in all respects except as specifically provided for in ECDC 16.75.010 and 16.75.020. [Ord. 3402 § 1, 2002]. 16.75.005 Purpose. The MP1 and MP2 zones have the following specific purposes in addition to the general purposes for business and commercial zones listed in Chapter 16.40 ECDC: A. To reserve an area where potential exists for planned development that can benefit the public by providing new tax revenue; B. To reserve an area where a mix of land uses can take advantage of site conditions and water views; C. To permit construction in accordance with a master plan concept and site design that is visually pleasing; D. To promote a mix of residential, commercial, and other uses in a manner that is consistent with the city's comprehensive plan, and with the downtown waterfront plan that has been adopted as a part of the comprehensive plan. The mix of uses is contemplated to occur throughout the MP1 and MP2 zones; mixed -use development is not required on any specific parcel of land; E. To encourage visual access to the water for the public from public spaces within the development; F. The height limit and calculations procedures established for the MP1 and MP2 zones have been adopted after full consideration of the topographical constraints of sites within the zones. Variances are not available under current city code provisions in order to make more profitable use of a property. In adopting these provisions, the city council has specifically provided for, and made allowances for, the site constraints and topographical features inherent in development of the designated MP1 and MP2 sites. Therefore, no other height variance would typically be available absent a special showing of constraints unanticipated on the date of adoption of the ordinance codified in this chapter. [Ord. 3402 § 1, 2002]. 16.75.010 Uses. A. Permitted Primary Uses in MP1. 1. Multifamily residential; 2. Office; 3. Hotels/motels; 4. Restaurants, excluding drive-in businesses; 5. Local public facilities as defined in ECDC 21.55.007; 6. Mixed -use development for any use permitted in this zone; Packet Page 327 of 400 http://www.mrsc.org/mc/edmonds/Edmondsl6/Edmondsl675.html 12/3/2013 Chapter 16.75 MP — MASTER PLAN HILLSIDE MIXED -USE ZONE Page 2 of 5 7. Secondary service and retail uses to the primary use, but excluding trailer sales and service, car lots, heavy equipment sales and service, and any other retail activity that relies primarily on outdoor display of merchandise; 8. Conference/performing arts center; 9. Day care; 10. Neighborhood parks, natural open spaces, and community parks with an adopted master plan subject to the requirements of ECDC 17.100.070. B. Permitted Primary Uses in MP2. 1. All uses permitted in subsection A of this section, except that residential use is prohibited on the ground floor of any building; 2. Neighborhood -oriented retail uses intended to support other uses in the immediate area, but excluding trailer sales, car lots, heavy equipment sales and service, and any other retail activity that relies primarily on outdoor display of merchandise; 3. Service uses as a primary use intended to support other uses in the immediate area, but excluding trailer, car, boat and equipment services; 4. Multimodal transportation center; 5. Educational facilities. C. Permitted Secondary Uses in MP1 and MP2. 1. Off-street surface parking and structured parking to serve a permitted use; 2. Shared parking facilities to serve more than one permitted use; 3. Off-street loading facilities to serve a permitted use. D. Uses Requiring a Conditional Use Permit. 1. Buildings or structures that exceed the maximum height limit. This permit shall be limited to the approval of a "landmark" building or structure. Not more than one such landmark structure shall be permitted for each zone; 2. A landmark structure is defined as a building or structure intended to provide an architectural signature for a location within the MP1 and MP2 master plan areas. The landmark structure shall not be used for general commercial or residential purposes above the normal height limits established for the zone, but may be used for public purposes, or purposes which benefit the Edmonds community, including but not limited to: a. Public viewing areas or platforms; b. Restrooms; c. To house, in interior space, wireless communication facilities permitted pursuant to Chapter 20.50 ECDC; and to incorporate antennas and wireless communication facilities in the facade of the landmark structure, if such incorporation can be accomplished in accordance with the architectural design approved by the city's architectural design board in a way which is not intrusive and otherwise incorporated within the architectural design of the structure; d. Public safety purposes; e. As public art or architectural detail; or Packet Page 328 of 400 http://www.mrsc.org/mc/edmonds/Edmondsl6/Edmondsl675.html 12/3/2013 Chapter 16.75 MP — MASTER PLAN HILLSIDE MIXED -USE ZONE Page 3 of 5 f. For other similar public purposes approved as a part of the master planning process. In no event shall a landmark structure exceed 48 feet in height. [Ord. 3402 § 1, 2002]. 16.75.020 Site development standards. A. Any development located in MP1 or MP2 zones shall be subject to design review in accordance with Chapter 20.10 ECDC. B. Table. Except as hereinafter provided, development requirements shall be as follows: Subdistrict Minimum Minimum Minimum Minimum Minimum Maximum Maximum Maximum Minimum lot area lot width street side rear height coverage floor lot area setback setback setback2 M area3 per dwelling unit (s.f.) 3 sq. MP1 none none 15' 10, 15' 35,4,5 456 ft./s.f. of 2,400 lot area M1132 none none none none none 35'7 75 4 sq.ft./s.f. 2,400 of lot area 1 For residential buildings, setbacks apply to exterior lot line only, and not to any interior lot lines within a development. 2 See Footnote 1 3 The maximum floor area is intended to limit the size of nonresidential development only. In the case of a mixed -use development that includes residences, the maximum floor area calculation shall be applied to the residential use as well. 4 Roof may extend up to five feet above the state height limit if designed as part of an approved modulated design in accordance with Chapter 20.10 ECDC. 5 Building height may be calculated separately for each clearly separated portion of a building as illustrated, but not limited to, Figures A, B and C. 6 Total lot coverage for the entire site covered by an adopted master plan within the MP1 zone cannot exceed 45 percent. Lot coverage for the individual building lots within the area covered by the master plan cannot exceed 75 percent. Individual lots may not be able to achieve the 75 percent maximum lot coverage due to compliance with master plan and code requirements that address such issues as circulation, open space, topography, buffers, and critical areas. ' The maximum height may be increased to 45 feet with the approval of a conditional use permit, if the application is filed in conjunction with or after the approval of a multimodal transportation center within or adjacent to the MP2 zone. Figure A: A building is considered to have two or more clearly separated portions when each portion is separated by a one-story high (10-foot minimum) space above a plaza or roof. Multiple floors above the plaza may be connected by an open-air bridge no wider than 10 feet, zero inches. Building height would be calculated using the centerline of the plaza or roof as one edge of the rectangle used to average existing grade elevations. See figure below: Packet Page 329 of 400 http://www.mrsc.org/mc/edmonds/Edmondsl6/Edmondsl675.html 12/3/2013 Chapter 16.75 MP — MASTER PLAN HILLSIDE MIXED -USE ZONE Page 4 of 5 Figure B: A building is considered to have two or more clearly separated portions when the line of the roof changes (a vertical shift). Building height would be calculated using the centerline of the wall below the shift in roof heights as one edge of the rectangle used to average existing grade elevations. See figure below: Figure C: A building is considered to have two or more clearly separated portions when the floor plates shift (a horizontal shift). Building height would be calculated using the centerline of the wall along the shift in floor plates as one edge of the rectangle used to average existing grade elevations. See figure below: C. Signs, Parking, and Design Review. See Chapters 17.50, 20.10 and 20.60 ECDC. D. Master Plan Required. 1. No development shall be permitted in an MP1 or MP2 zone unless a master plan has been prepared, identifying potential land uses and densities as set forth in subsection (D)(2) of this section. Packet Page 330 of 400 http://www.mrsc.org/mc/edmonds/Edmondsl6/Edmondsl 675.htm1 12/3/2013 Chapter 16.75 MP — MASTER PLAN HILLSIDE MIXED -USE ZONE Page 5 of 5 2. A master plan shall describe the land use parameters and relationships to guide future site development. The plan shall, in a general manner, define the site layout by showing development areas by type of use, circulation patterns, site access, residential densities (if applicable) maximum square footage of nonresidential uses (if applicable), and any open space areas and buffers. The plan shall also illustrate the relationship between the site and adjoining properties. Any single master plan proposal submitted to the city for approval shall include a mix of uses for the overall area included in the master plan application. A mix of uses is not required for any single phase of development within an approved master plan. 3. All property identified in the master plan shall be developed in a manner consistent with the provisions of the master plan. 4. It is intended that site layouts, the range and intensity of uses, access, and circulation shall be depicted in both graphic and narrative form in a general manner. Subsequent to the adoption of a master plan, more detailed site and design information shall be submitted for review in accordance with Chapter 20.10 ECDC. The applicant also has the option of submitting a master plan concurrently with a specific site design. Other necessary applications, such as subdivision, binding site plan (BSP), or planned residential development (PRD), may also be submitted concurrently. If submitted concurrently, the city shall review the applications concurrently. However, no site design or other approval shall be granted until such time as the master plan is approved. 5. A master plan may be approved as a comprehensive plan amendment, a planned residential development (PRD), or as a contract rezone. The planning advisory board and city council shall review and act upon a proposed master plan as a Type V development project permit application (see Chapter 20.01 ECDC), except in the case of a PRD, which shall be reviewed in accordance with the provisions of Chapter 20.35 ECDC. [Ord. 3736 § 12, 2009; Ord. 3402 § 1, 2002]. This page of the Edmonds City Code is current through Ord. 3922, passed May 21, 2013. Disclaimer: The City Clerk's Office has the official version of the Edmonds City Code. Users should contact the City Clerk's Office for ordinances passed subsequent to the ordinance cited above. City Website: http://www.edmondswa.gov (http://www.edmondswa.gov) City Telephone: (425) 771-0245 Code Publishing Company (http://www.codepublishing.com/) Packet Page 331 of 400 http://www.mrsc.org/mc/edmonds/Edmondsl6/Edmondsl675.html 12/3/2013 Chapter 16.80 P — PUBLIC USE Page 1 of 3 Chapter 16.80 P — PUBLIC USE Sections: 16.80.000 Purposes. 16.80.010 Uses. 16.80.020 Conditional use permit criteria. 16.80.030 Site development standards. 16.80.000 Purposes. The P district has the following purposes: A. To provide for siting and development of regional public facilities to be located in or near residential areas and to establish standards which will minimize the impact of these facilities on nearby properties; B. To regulate the use of these lands to assure their continuing availability for public use. [Ord. 3353 § 8, 2001]. 16.80.010 Uses. A. Permitted Uses. 1. Regional public facilities; 2. All local public facilities subject to the additional requirements of ECDC 17.100.050; 3. Neighborhood parks, natural open spaces, and community parks with an adopted master plan subject to the requirements of ECDC 17.100.070; 4. Primary and high schools subject to the additional requirements of ECDC 17.100.050(G) through (R). B. Permitted Secondary Uses. 1. Facilities comparable with and designed to serve permitted uses (e.g., restrooms, safety lighting, fencing, benches, tables, minor shelters, athletic structures, minor service support structures, associated storage and maintenance yards, and incidental parking for five or less cars); 2. Commercial uses incidental to and related to a sited regional public facility, such as restaurants, snack bars, gift shops, tourist shops, etc. C. Uses Requiring a Conditional Use Permit. 1. Service and support facilities for permitted uses (e.g., transportation storage and maintenance; service and repair shops; outdoor storage); Packet Page 332 of 400 http://www.mrsc.org/mc/edmonds/Edmondsl6/Edmondsl 680.htm1 12/3/2013 Chapter 16.80 P — PUBLIC USE Page 2 of 3 2. Municipal and franchised service facilities including storage and maintenance buildings and yards, sewage treatment facilities, water storage and pumping facilities, substations; 3. Stadiums, bleachers, playfield lighting, clubhouses, and swimming pools; 4. Structures over 25 feet in height; 5. Regional parks and community parks without a master plan subject to the requirements of ECDC 17.100.070. [Ord. 3353 § 8, 2001]. 16.80.020 Conditional use permit criteria. In considering a conditional use permit application under Chapter 20.05 ECDC for the public use (P) zone, the hearing examiner and/or city council shall consider the following: A. Impact of the proposal on the visual and aesthetic character of the neighborhood; B. Orientation of facilities to developed or undeveloped residential areas; C. Preservation of natural vegetation and/or other natural features; D. Hours of operation; performance standards; conformance of the proposal with the city's noise ordinance; E. Ability of the proposal to provide for adequate on -site parking; and traffic impacts of the proposal on the neighborhood. [Ord. 3353 § 8, 20011. 16.80.030 Site development standards. Although each public use will undergo extensive review by the ADB in light of its relationship to its surrounding neighbors, there will be certain minimum development standards to be used in the design of these facilities. These standards may be subject to the grant of variance under the provisions of ECDC 20.85.000. A. Minimum Setbacks. A minimum landscaped setback of 20 feet shall be maintained from a public street or other property lines, except that a setback of 25 feet shall be maintained for all structures, structured play areas and structured athletic fields from adjacent residentially zoned properties. These setbacks shall be fully landscaped. B. Height. The maximum height of a building in this zone shall be 25 feet, unless a conditional use permit has been obtained, except that the height of schools shall be governed by ECDC 17.100.050(I). A conditional use permit for additional height may permit structures up to a maximum height of 60 feet. C. Lot Coverage. The maximum lot coverage by buildings and other structures shall not exceed 35 percent unless a conditional use permit has been obtained. D. Signs. All signs shall be subject to ADB approval. Signs shall be kept to a minimum size, which is compatible with the surrounding neighborhood and uses, while providing adequate visibility. Packet Page 333 of 400 http://www.mrsc.org/mc/edmonds/Edmondsl6/Edmondsl680.html 12/3/2013 Chapter 16.80 P — PUBLIC USE Page 3 of 3 E. Landscaping. Site landscaping requirements shall be reviewed pursuant to Chapter 20.13 ECDC. F. Parking. All regional public facilities shall comply with the minimum off-street parking requirements contained in ECDC 17.50.030. 1. All on -site parking lots shall be screened from adjacent residential properties with a solid wall or sight -obscuring fence not less than six feet in height. Such walls or fences may be built progressively as the parking facilities are installed. Landscaping shall be installed in accordance with ECDC 20.13.025. 2. Regional public facilities shall submit a transportation management plan for approval by the city. The plan shall address the following: traffic control, parking management, mitigation measures for overflow parking into adjoining residential areas, and traffic movement to the nearest arterial street. G. Orientation to Transportation Facilities. All regional public facilities must be located adjacent to or within 500 feet of a principal or major arterial street. H. Transit. All regional public facilities shall be located within 1,500 feet of an existing transit center. At least one on -site transit stop or station shall be required. The transit stop or station shall include a turnout of suitable size and location to accommodate public buses. I. Lighting. All exterior lighting shall be arranged and directed so as to direct the light away from adjacent residential uses. J. Screening. Electrical substations, water/sewer pump stations, sewage treatment facilities, solid waste facilities, commuter parking lots, and maintenance and storage yards shall be adequately screened from adjacent residential properties with a solid wall or sight -obscuring fence not less than six feet in height. Landscaping shall be provided in accordance with Chapter 20.13 ECDC. [Amended during November 2008 supplement; Ord. 3353 § 8, 2001]. This page of the Edmonds City Code is current through Ord. 3922, passed May 21, 2013. Disclaimer: The City Clerk's Office has the official version of the Edmonds City Code. Users should contact the City Clerk's Office for ordinances passed subsequent to the ordinance cited above. City Website: http://www.edmondswa.gov (http://www.edmondswa.gov) City Telephone: (425) 771-0245 Code Publishing Company (http://www.codepublishing.com/) Packet Page 334 of 400 http://www.mrsc.org/mc/edmonds/Edmondsl6/Edmondsl68O.html 12/3/2013 Chapter 16.65 OS — OPEN SPACE Page 1 of 2 Chapter 16.65 OS — OPEN SPACE Sections: 16.65.000 Purposes. 16.65.010 Uses. 16.65.000 Purposes. The OS district has the following purpose: A. To designate land which has been donated to or acquired by the city or other public, or private non-profit agency for open space use or which contributes significantly to the open space inventory of the community; B. To regulate the use of these lands, and other land in private ownership, which cannot be developed without severe irreversible environmental impacts, which are either: part of a required greenbelt area; a native growth protection easement; or which provide an identifiable link to the city's open space or critical areas inventory. 16.65.010 Uses. A. Permitted Uses. 1. Agriculture, including crop land but specifically excluding livestock and poultry, machinery and equipment sheds or barns; 2. Conservation areas including forest and wildlife preserves; 3. Parks, natural scenic areas, trails, excluding commercial amusement devices or operations, per Chapter 16.80 ECDC; 4. Playgrounds or playfields, providing that they are developed on previously cleared land, per Chapter 16.80 ECDC; 5. Reclamation areas limited to soil, forest, wildlife or watershed; 6. Parking facilities to support the permitted uses identified in paragraphs A(1) through A(5) of this section. B. Uses Requiring a Conditional Use Permit. 1. Uses similar to and compatible with the permitted uses. Conditional uses may not decrease the openness or interfere with the scenic or habitat value of the land. 2. Installation of various public utilities into or across open space zones, and clearing of a vegetated natural area for one of the permitted uses listed above, subject to the following: Packet Page 335 of 400 http://www.mrsc.org/mc/edmonds/Edmondsl6/Edmondsl665.html 12/3/2013 Chapter 16.65 OS — OPEN SPACE Page 2 of 2 a. In addition to the criteria of Chapter 20.05 ECDC, it shall be shown that the intrusion is necessary: i. To provide services to the open space for public benefit or safety; or ii. For physical or technical reasons, and that no reasonable alternatives are possible. b. The design and plan shall create the minimum of surface and vegetation disturbance necessary to accomplish its purpose. c. Restoration of the environment will be made by replanting and reseeding of the disturbed area as soon as is feasible. d. Undergrounding of utilities shall be encouraged and required where site characteristics are suitable. [Ord. 2877 § 1, 19921. This page of the Edmonds City Code is current through Ord. 3922, passed May 21, 2013. Disclaimer: The City Clerk's Office has the official version of the Edmonds City Code. Users should contact the City Clerk's Office for ordinances passed subsequent to the ordinance cited above. City Website: http://www.edmondswa.gov (http://www.edmondswa.gov) City Telephone: (425) 771-0245 Code Publishing Company (http://www.codepublishing.com/) Packet Page 336 of 400 http://www.mrsc.org/mc/edmonds/Edmondsl6/Edmondsl665.html 12/3/2013 AM-6390 City Council Meeting and Committee Meetings Meeting Date: 12/10/2013 Time: 5 Minutes Submitted For: Bertrand Hauss Department: Engineering Committee: Parks, Planning, Public Works Submitted By: Megan Luttrell Tyne: Action Information 11. B. Subject Title Authorization for Mayor to sign professional services agreements with KPG for the 15th St. SW Walkway, 236th St. SW Walkway, and 238th St. SW Walkway projects Recommendation Forward the item to the consent agenda for approval at a future City Council meeting. Previous Council Action None. Narrative The City was awarded three Safe Routes to School grants in 2013 to fund the design and construction of walkways at the following locations: • 15th St. SW Walkway: State grant for $374,000 • 236th St. SW Walkway: Federal grant for $494,000 • 238th St. SW Walkway: State grant for $591,000 The 238th St Walkway project has been combined with the previously planned stormwater improvements on 238th St. The stormwater improvements will be paid by the Stormwater Utility Fund 422 and the pavement overlay on 238th St. will be paid by Fund 422 and Puget Sound Energy. The preliminary design fees for the scope of services for all three projects total approximately $310,000. Negotiations with the consultant are on -going in order to reach a final fee for each consultant agreement. The scope of services for the contracts consist of completing the plans, specifications, environmental documentation, and cost estimates for all three projects. The preliminary schedule is to complete the design and environmental phases by June 2014. Attachments Project Scone Form Review Inbox Reviewed By Date Engineering Robert English 12/05/2013 05:19 PM Public Works Phil Williams 12/06/2013 01:13 PM City Clerk Scott Passey 12/06/2013 02:05 PM Mayor Dave Earling 12/06/2013 02:44 PM Finalize for Agenda Scott Passey 12/06/2013 02:46 PM Form Started By: Megan Luttrell Started On: 12/05/2013 01:20 PM Final Approval Date: 12/06/2013 Packet Page 337 of 400 Packet Page 338 of 400 EXHIBIT A City of Edmonds Walkways Projects KPG Scope of Work December 4, 2013 Purpose The purpose of the Walkways Projects is to improve accessibility and safety of children walking and biking to school. Proposed Improvements Proposed Improvements for Walkways Projects include: • 238th Street SW Walkway with Stormwater Project (State and Local Funds) o Installation of 1,200 feet of 5 foot sidewalk, curb and gutter along one side of the street from 100th Avenue W to 104th Avenue W including curb ramps, to include receiving ramps at both ends of the corridor, driveways, and storm system replacement. o Overlay 238th Street SW from 100th Avenue W to 104th Avenue o Rain gardens, pervious pavement sidewalks, and other LID techniques will be evaluated for this corridor o Mid -block crossing at the intersection with 102nd Avenue W o Sharrow pavement markings • Madrona Elementary (236th Street SW) Walkway Project (Federally Funded) o Installation of 5 foot sidewalk, curb, gutter, storm -water drainage, and curb ramp upgrades between the school driveway and Edmonds Way (SR-104) o Installation of 5 foot sidewalk connecting 236th and school entrance o Sharrow pavement markings • 15th Street SW Walkway Project (State Funded) o Installation of approximately 600 feet of 5 foot sidewalk, curb, gutter, drainage and burb ramp upgrades on the north side of 15th Street SW from Edmonds Way (SR-104) to 8 h Avenue S o Sharrow or bike lane pavement markings Packet Page 339 of 400 Project Assumptions • This project is funded with local, state and federal funds. Separate Environmental documents for the three grants awarded to this project will be required. • The budget assumes the projects are exempt under Section 106 and Executive Order 0505 — Cultural Resources. • Percentages of monthly billings to be applied to the various funding sources will be established at the beginning of the project. Monthly invoicing from the Client to the City will be broken out into these percentages. • One (1) Bid Package will be prepared that includes all 3 projects. Bid schedules will be set up to correspond with the different funding sources. • Right of way / easement acquisition will not be part of this project. If it is determined that right-of-way will need to be acquired, any required property rights negotiations will be completed by the City of Edmonds. • The City will provide all available survey and soils reports available for the 238t" Street SW corridor. • The available soils report for the 238t" Street SW corridor contains sufficient information to design the LID elements for this project. • The City will provide right -of -entry for surveying, geotechnical review, and/or construction, if required. • The City will provide bid contract document templates (contract forms, Invitation to Bid formats, City GSPs, etc.). • Plans will be developed using AutoCAD 2013 using KPG drafting standards. Work Element 1 Project Management The estimated project duration is 6 months. No design work will proceed after completion of 50% plans and estimates without written authorization from the City. No design work will proceed after the submittal of the 90% plans, specifications and estimate without written authorization from the City. 1.1 Provide project management administrative services including: • Project set-up and execute agreement • Execution of subcontractor agreements • Preparation of monthly progress reports and invoices • 5-10 minute phone discussions (every other week) for verbal progress reports • Record keeping and project closeout 1.2 Provide overall project management including: • Project staff management and coordination • Subcontractor management and coordination • Prepare and update project schedule • Schedule and budget monitoring 1.3 Coordinate with City staff, including preparation and attendance of up to 6 monthly coordination meetings throughout the duration of the project. Level of effort for this task is based on an average of 2 Consultant staff at each of the following meetings: One formal kickoff meeting at project start Packet Page 340 of 400 • One formal kickoff meeting upon re -authorization to proceed following 50% approval. • Monthly meetings at the City throughout the project duration (estimate 4). Work Element 2 Quality Control/Quality Assurance The Consultant shall provide internal QA/QC reviews of the following major work elements prior to submittal to the City. 2.1 Field review completed base maps for completeness and accuracy and incorporate findings. 2.2 Senior review of drainage analysis and report. 2.3 Provide senior review of 50% Plans and estimates. 2.4 Provide senior review of 90% Plans, specifications and estimates. 2.5 Provide senior review of Final Plans, specifications and estimates. Work Element 3 Mapping Limits of survey: • 238th Street SW (Approximately 60 feet wide 0 237th Place SW, 400 feet west of 104t Avenue W to 104th Avenue W 0 104th Avenue W, 50 feet north of 237th Place SW to 50 feet south of 238th Street SW 238th Street SW from 104th Ave W to 100th Avenue W, 0 100th Avenue W, 50 feet north of 238th Street SW to 50 feet south of 238th Street SW • 236th Street SW (Approximately 40 feet wide) 0 236th Street SW from Edmonds Way to approximately 125 feet west of 92nd Avenue W, including the intersection of Edmonds Way and 236th Street SW and 50 feet of all other approaches of the intersection o Approximately 250 feet from 236th Street SW (easterly driveway) to school entrance • 15th Street SW Approximately 50 feet wide 0 15th Street SW from Edmonds Way to 8th Avenue S including all curb returns at the intersections with: ■ Edmonds Way ■ 7th Place South (N) ■ 7th Place South (S) ■ 8th Avenue South 3.1 Establish horizontal and vertical control points along the corridor and within the project limits described above. Basis of control will be City of Edmonds Datum. Approximately 4 control points at each corridor will be established and will be made available for the construction Consultant's use during construction. The CONSULTANT will locate, field Packet Page 341 of 400 survey, and calculate positions for all monuments and control points throughout the project limits, using the Washington State plane coordinate system. Conventional or GPS surveying methods will be used on this project. Monuments or corners to be located and field surveyed include the following: • Section Corners • Side street monuments • Property Corners 3.2 Field Survey and Note Reduction. Field mapping will include building faces, building corners, signs, trees, curbs, sidewalks, utility poles, signal poles and other surface features within the mapping area as described above. Perform note reduction of the field survey data. 3.3 Mapping work to prepare 1 "=20' topographic base map and digital terrain model (DTM) in AutoCAD format of the project within the limits described above. The base map will include building faces, building corners, signs, trees, curbs, sidewalks, utility poles, signal poles and other surface features within the mapping area as described above. One -foot contours will be generated from the DTM. 3.4 Field survey to locate paint marks in work element 4.1 at 50-ft intervals and surface feature (valves, manholes, catch basins, junction boxes, vaults). The CONSULTANT will prepare a utility base map from this information. 3.5 Perform observation and measure -downs of existing storm drain catch basins and manholes. Document the approximate size, type, material (brick, concrete), and general condition of the structures to confirm suitability for continued use, and approximate size, material and location of storm drainage pipes will be documented. These observations will be made from the surface. Any required pipe video inspection or smoke testing needed to verify the condition or connectivity of drainage features within the proposed Right of Way will be performed by the City and the information will be made available to the Consultant. Necessary potholing will be provided by the CONSULTANT. Work Element 4 Utility Mapping 4.1 One -call and/or utility purveyors will mark all utility locations within the project corridor so that they can be surveyed in work element 3.4. Any service line locations and gravity storm and sewer needed for design will be field located or mapped. The consultant will be responsible to schedule and coordinate utility locates. 4.2 Coordinate with the utility companies and identify required locations for potholing based on the preferred design alternative. Consultant will prepare a potholing plan for review and approval by the City. If necessary, potholing needs agreed upon by the CONSULTANT and the utility owners will be performed under the direction of the CONSULTANT. Pothole locations will be marked with pins to identify depth from existing grade to top of their facilities. This information will be incorporated into the mapping accordingly. Depths of utility lines located by potholing will be designated by a symbol in the plans and provided to the construction consultant. Survey of potholing information will be included in work element 3.4. Packet Page 342 of 400 Work Element 5 Stormwater Design 5.1 Compile and review existing stormwater data, including record drawings and previous design reports. Meet with City of Edmonds stormwater staff to discuss previously completed design work. Perform site visit. 5.2 Determine project classification for each of the three project sites and evaluate applicable minimum requirements in accordance with ECC Chapter 18.30 and the Edmonds Stormwater Code Supplement. Document preliminary findings in a draft stormwater technical memorandum for each project site. 5.3 Perform alternatives analysis, preliminary and final design for low impact development or other infiltration techniques for each project site as required to mitigate increased impervious surface. Meet with City of Edmonds stormwater staff to present the alternatives analysis and preliminary design prior to completing final design of the facilities. 5.4 Create a hydrologic and hydraulic model for new 238th Street SW storm drain that includes the Hickman Park infiltration system and upstream tributary basin areas. Basin areas and hydrologic modeling parameters will be provided by the City. Run model to evaluate pipe sizing and to predict performance of the Hickman Park system with the additional tributary area conveyed to it. 5.5 Evaluate the pre-treatment capacity of the existing infiltration system in Hickman Park. Design an upstream pre-treatment facility (e.g. CDS or Vortechs unit) if the existing pre- treatment capacity is found to be insufficient. A potential revision to the existing infiltration system's flow distribution will also be evaluated as part of this effort. 5.6 Evaluate localized flooding problem at 7th Place S and 15th Street SW. Design solution. 5.7 Prepare final stormwater technical memorandums for each project site to document applicable stormwater management requirements, modeling, and design calculations. Assumptions: • The three projects will be considered separate for application of stormwater management requirements. • The projects will utilize Low Impact Development techniques or other infiltration methods for stormwater management, where required. • The previously proposed infiltration trench in 101st Ave W will not be included in this project. • The City will provide as -built drawings and design information for the Hickman Park infiltration system, including sub -basin and hydrologic parameters for the upstream basin. This information will be incorporated into the hydrologic and hydraulic model as provided without addition basin analysis. • Flooding along 7th Place S is a localized problem at the existing catch basin that will not require extensive analysis to resolve. Packet Page 343 of 400 Deliverables: • Preliminary Stormwater Technical Memorandums for each project site (2 hard copies and pdf file for each memo). • Final Stormwater Technical Memorandums for each project site (2 hard copies and pdf file for each memo). Work Element 6 Geotechnical Report 6.1 Geotechnical Exploration Plan The CONSULTANT will prepare a geotechnical exploration plan that identifies the location and type (i.e., hand boring) of investigation to be performed at each exploration location along the project alignment. The exploration plan will include 1 "=40' plan views showing these locations. A written description for the type of analysis to be performed will be prepared. The CONSULTANT will obtain and review existing information, coordinate and plan access and restoration for test holes, and identify features that affect other geotechnical design work elements. No field investigation will proceed until the geotechnical exploration plan has been approved by the City. 6.2 Field Explorations The field exploration program will consist of advancing four (4) shallow (approximately 3 to 4 ft in depth) hand borings to characterize general near surface soil conditions to support design of porous sidewalks. In an effort to avoid buried utilities, the CONSULTANT will contact the Washington Utilities Coordinating Council One Call service to locate underground utilities. The CONSULTANT will also coordinate with the CITY for any known information about existing site utilities prior to performing field activities. 6.3 Geotechnical Laboratory Testing The CONSULTANT will complete a limited geotechnical laboratory testing program consisting of natural moisture content determinations and grain size analyses (sieve and hydrometer) on selected soil samples from the hand borings to aid in classifying site soils and determining pertinent engineering properties of the soil. The CONSULTANT has budgeted for four (4) moisture content determinations and four (4) grain size analyses. 6.4 Geotechnical Engineering Analyses The CONSULTANT will develop geotechnical engineering conclusions and recommendations in accordance with WSDOT Standard Specifications for design and construction of the proposed improvements, including: ♦ Earthwork: temporary and permanent slope configurations, suitability of onsite soil for reuse as structural fill, import fill criteria, fill placement criteria, and sidewalk subgrade preparation. Packet Page 344 of 400 ♦ An estimate of the infiltration rate of the near -surface soil along the project alignment based on soil texture and corresponding published infiltration rates use in design of porous sidewalks. 6.5 Geotechnical Report The results of our field explorations, engineering analyses, and geotechnical engineering conclusions and recommendations, will be summarized in a draft geotechnical report for review by project team and the City. Upon receipt of review comments, the comments will be addressed and a signed and sealed final geotechnical report will be submitted. Assumptions ♦ No additional geotechnical analysis will be required as part of this project for the "238th Street SW Walkway with Stormwater Project" or the "Madrona Elementary Project" except that of which is outlined in Work Element 7.. ♦ All subcontractors, equipment subcontractors, laboratories, and other related subcontractor personnel will be selected, hired and paid by the CONSULTANT. ♦ Explorations will be on along perimeter of the project alignment and as a result, it is anticipated that traffic control and a right-of-way use permit from the CITY will not be needed. ♦ For this project, the CONSULTANT has not budgeted for drilling. ♦ Field exploration will be performed during the daylight hours. ♦ Piezometers to monitor groundwater levels over time will not be installed; however, the depth to the groundwater level will be noted at the time of exploration if encountered within the depth of our explorations. ♦ Soil samples will be disposed of 30 days after the date of acceptance of the final report unless other arrangements are made. Deliverables ♦ An electronic copy (in pdf format) and two bound copies of the Draft Geotechnical Report. ♦ An electronic copy (in pdf format) and two bound and one unbound copies of the Final Geotechnical Report. Work Element 7 Environmental 7.1 Environmental Classification Summary/Documented Categorical Exclusion. The CONSULTANT will prepare a WSDOT Local Agency Environmental Classification Summary (ECS) with supporting documentation as required by WSDOT for projects that receive federal funding through WSDOT (Environmental Procedures Manual, Section 310.07). The ECS will include the recommended NEPA determination (assumed to be a Class II, Documented Categorical Exclusion). We will document this assumption following the WSDOT Local Agency Guidance (LAG) manual. CONSULTANT will compile and review environmental information from readily available Packet Page 345 of 400 public domain resources to gain a general understanding of environmental resources along the project corridor. A site reconnaissance will be completed to identify existing conditions at each project site. As detailed in the tasks below, the ECS will be supported, as necessary, by documents to include an evaluation of effect on species and habitats listed under the Endangered Species Act (ESA) and Essential Fish Habitat (EFH), and cultural resources. The ECS will also require a discussion of stormwater treatment and detention, which will be based on information provided in the TIR. Assumptions: ♦ The Madrona Elementary Walkway Project will be determined to be a Class II Documented Categorical Conclusion and neither a NEPA Environmental Impact Statement nor an Environmental Assessment will be required. ♦ The 238" and 151" Street SW projects are limited to state/local funds and do not require compliance with NEPA. Preparation of documentation satisfying NEPA requirements for these projects is not included in this scope of services. ♦ The proposed project will not result in significant horizontal or vertical alignment of the existing roadway. ♦ Individual discipline reports or other documentation analyzing air quality, noise, critical and sensitive areas, resource lands, tribal lands, visual quality, hazardous and problem waste, environmental justice, and Section 4(f)/6(f) lands will not be required, and modeling efforts will not be required for these elements of the environment. ♦ Wetland, waterway, and associated buffer delineation will not be required. ♦ The Madrona Elementary Walkway project may comply with exemptions from Cultural Resources. Determination of applicable exemptions will be determined during the design phase. ♦ If expanded discussion of justification for the "no effect" determination under ESA is required, preparation of a no effect letter included in Task 2.2, is included below. Deliverables: ♦ An electronic and paper copy of the preliminary ECS in Adobe PDF. ♦ An electronic copy of the final ECS in Adobe PDF. 7.2 No Effect Determination and Essential Fish Habitat Evaluation (EFH). If necessary, the CONSULTANT will prepare a brief no effect determination letter for the Madrona Elementary Walkway project on species listed as threatened under the ESA and an EFH evaluation. We will request site specific habitat information from the Washington State Department of Fish and Wildlife priority habitats and species database. Evaluation of specific project details such as construction techniques and equipment used, timing of construction, temporary sediment and erosion control measures, and best management practices will be based on information developed by Packet Page 346 of 400 KPG. Assumptions: ♦ The project will have no effect on listed species or their designated critical habitat and preparation of a Biological Assessment will not be required. The project will have no adverse impact to EFH. ♦ Stormwater from the project will not discharge to surface waters, and stormwater modeling using HI -RUN Model will not be required. ♦ In -water work will not occur. ♦ An additional site visit will not be required as part of this task. Characterization of site conditions will be based on findings from the site reconnaissance completed as part of Task 8.1. ♦ This task does not include efforts to perform a six month update of species listings, if necessary. ♦ The project "no effect" determination support requires discussion that is of complexity or length that exceeds space limits of ECS form. nPlivarnhlPc- ♦ An electronic (Adobe PDF) of the draft No Effect Letter/ EFH Evaluation. ♦ An electronic (Adobe PDF) of the final No Effect Letter/ EFH Evaluation. 7.3 Cultural Resource Investigation The Contractor will conduct the required National Historic Preservation Act Section 106 Cultural Resources Survey. Work would consist of the following tasks necessary to comply with Section 106 (Federal) and Executive Order 0505 (State): • Conduct a background search to identify known cultural resources within the project area of potential effect (APE) defined by the City of Edmonds and assess the potential for the APE to contain cultural resources • Conduct a pedestrian field reconnaissance with WSDOT to complete the assessment of the potential for the APE to contain cultural resources Assumptions: ♦ We will assist the City of Edmonds with APE definition. ♦ No historic properties within the APE. ♦ The project qualifies as exempt under WSDOT's programmatic Agreement. ♦ No human burials or archaeological sites will be encountered. ♦ If any project is determined to not be exempt, additional work efforts needed to satisfy investigations fall outside of this scope. nPlivarah1Pc- ♦ No deliverables, the results of the investigation will be documented as part of the ECS or SEPA checklist Packet Page 347 of 400 7.4 SEPA Checklist: If the project does not meet the exemptions in WAC 197-11-800, the CONSULTANT will prepare a SEPA Checklist for each project, in conformance with City of Edmonds standards. The SEPA checklist will briefly describe the project and address the project's effects on elements of the environment as outlined in the checklist. To prepare elements of the SEPA checklist, we will use project design information prepared by KPG; other environmental information gathered for Tasks described above; and City documents such as the comprehensive plan and zoning code. We will also interview utility providers and city staff as necessary to complete the checklist. Assumptions: ♦ The City of Edmonds will be the lead agency for SEPA. ♦ One or all project(s) may be exempt from SEPA. Applicability of exemptions will be determined concurrent with design for each project. The CONSULTANT shall commence the above task only after direction by the City to proceed. ♦ The project(s) will not require preparation of a SEPA Environmental Impact Statement, and either a Determination of Non -Significance (DNS) or a mitigated DNS will be issued for the project. ♦ CONSULTANT staff will not attend a public hearing should one be necessary. ♦ City of Edmonds staff will prepare and publish the DNS (or mitigated DNS). ♦ The CONSULTANT will not be required to respond to any public or agency comments on the SEPA Checklist(s). Deliverables: ♦ An electronic (Adobe PDF) and paper copy of the draft SEPA checklist. ♦ An electronic (Adobe PDF) and paper copy of the final SEPA checklist. Work Element 8 Community and Agency Coordination 8.1 Provide meeting minutes and action items from City arranged project meetings with cooperating stakeholders and permitting agencies. (Assume 2 meetings) 8.2 Arrange and coordinate 1 project meeting with the utility companies. Provide meeting minutes and action items. 8.3 Attend and assist in facilitation of two (2) open house style community outreach sessions. 8.4 Prepare roll -plots, cross-section exhibits, and other design exhibits as required for the open houses. Packet Page 348 of 400 Work Element 9 Right of Way Calculations Perform the following work items necessary to establish the existing right-of-way (ROW) along the three separate corridors in the project vicinity 9.1 Research Records. Determine which existing corners and monuments should be field located and surveyed. 9.2 Calculations for ROW lines. Using the research information and the survey work described above, calculate location and surveyed corners, roadway features and monuments. 9.3 Incorporate existing right of way into project base map. No additional right of way or easements are anticipated. Preparation of legal descriptions is not included in this scope of work. Work Element 10 Final Design The Consultant shall provide Final Plans, Specifications and Estimates in accordance with the current WSDOT H&LP Local Agency Guidelines (LAG) Manual for review and approval by the City. Plans shall be formatted to provide sufficient detail for convenient field layout of all proposed facilities. City standard details and WSDOT standard plans will be supplemented with project specific details as required. Final bid documents will be stamped and signed by a licensed professional engineer in the State of Washington. Final bid documents will be prepared to allow for a separate bid schedules as necessary to accommodate the various funding sources being applied to this project. 10.1 Assemble a title and index sheet that would include a vicinity map. 10.2 Assemble a sheet for symbol and abbreviation legends, general notes 10.3 Prepare typical sections. 10.4 Prepare detail sheets. 10.5 Prepare site preparation and erosion control plans. These plans will include all demolition and erosion control, and will provide grading limits. 10.6 Prepare alignment, walkway, and grading plans. These plans will include horizontal alignment information and plan views of grading, walkway alignment, and ADA ramp location, as well as limits of cut/fill required. 10.7 Prepare roadway profile control for the new walkway. Roadway centerline will be shown at 25 ft intervals. 10.8 Prepare private driveway plan and profile drawings. 10.9 Prepare channelization and signing plans. These plans will delineate the locations of all pavement markings including lane lines, crosswalks, turn arrows, stop lines and curb Packet Page 349 of 400 face painting. These plans will also show the locations and sizes of all signs. 10.10 Prepare drainage detail sheets, depicting special or non-standard drainage features. For budgeting purposes, it is assumed that detention and/or treatment requirements will be mitigated with the use of porous sidewalks or rain gardens. 10.11 Prepare plans and details for School Zone School Flashers, and signal modifications at the intersections of 238th Street SW at 104th, 236th Street SW at SR-104 and 15th Street SW at SR-104. Prepare sign, pole, and wiring details. 10.12 Prepare plans and details for overlay of 238th Street SW including restoration required, existing surface utilities which require adjustment to grade, curb ramp details for new and modified curb ramps, approximate locations of pavement/subgrade repairs. 10.13 Prepare and assemble 50% and 90% Plan submittals for review and comment by the City and/or WSDOT. Final Bid Document Plans will be prepared based on 90% comments. 10.14 Perform 50%, 90% and Final Design quantity take -offs and opinion of costs. 10.15 Prepare contract specifications for the 90% and Final Bid Document submittals based on current WSDOT/APWA standards (English), applicable amendments to the current WSDOT/APWA standards and applicable LAG standards. nPlivarah1Pc- ♦ Assemble and submit plans and specifications for 50%, 90%, and Final levels of design. • One full size set of plans (90% and Final only) • 6 half-size sets of plans (11x17), including one unbound original • 2 copies of specs, including one unbound original (90% and Final only) • 6 copies of the opinion of cost • PSE Checklist • pdf of all submittals Work Element 11 Assistance During Bidding 11.1 Prepare addenda and respond to bidders questions relayed through the City. It is assumed that the CONSULTANT will prepare three (3) addenda. Management Reserve Management reserve will be used to address potential unforeseen design changes and/or additions as mutually agreed upon by the City and the CONSULTANT. Expected Sheet Total = 64 sheets Packet Page 350 of 400 ADDITIONAL SERVICES: The City of Edmonds may require other services of the consultant. These services could include additional design, right of way, environmental documentation, construction phase services, or other work tasks not included in the scope of work. At the time these services are required, the Consultant will provide the City with a detailed scope of work and an hour and fee estimate. The Consultant will not proceed with the work until the City has authorized the work and issued a Notice to Proceed. Packet Page 351 of 400 AM-6378 City Council Meeting and Committee Meetings Meeting Date: 12/10/2013 Time: 5 Minutes Submitted For: Jeanie McConnell Department: Engineering Committee: Parks, Planning, Public Works Submitted By: Megan Luttrell Tyne: Action Information 11. C. Subject Title Authorization for Mayor to approve acceptance and recording of a Storm Drainage Easement Transfer and Access Easement Grant Agreement for 1142 Vista Place Recommendation Forward item to the consent agenda for approval at the December 17, 2013, City Council meeting. Previous Council Action None Narrative The City of Edmonds owns and maintains a storm drainage system through the subject parcel and adjacent parcels as shown in Attachment 3. In 1992 the easements running through the parcels west of the subject parcel were deeded to the City of the Edmonds (Attachment 4). The storm drainage Easement previously recorded against the subject parcel (Attachment 2) was never transferred to the City. The City and Owner would like to make this correction to allow for a continuous City easement in alignment with the existing storm drainage system. Attachments Attachment 1 - Proposed Storm Drainage Easement Transfer & Access Easement Grant Agreement Attachment 2 — Exhibit A to the Easement Transfer and Grant Agreement Attachment 3 - Survey by LSA Attachment 4 — Transfer of Easement on Adjacent Parcel Form Review Inbox Reviewed By Date Engineering Robert English 12/05/2013 05:28 PM Public Works Phil Williams 12/06/2013 01:13 PM City Clerk Scott Passey 12/06/2013 02:05 PM Mayor Dave Earling 12/06/2013 02:45 PM Finalize for Agenda Scott Passey 12/06/2013 02:46 PM Form Started By: Megan Luttrell Started On: 12/04/2013 03:40 PM Final Approval Date: 12/06/2013 Packet Page 352 of 400 Return Address: City Clerk City of Edmonds 121 Stn Avenue N. Edmonds, Washington 98020 STORM DRAINAGE EASEMENT TRANSFER AND ACCESS EASEMENT GRANT AGREEMENT Grantors: Steve Schroeder and Cheryl Beighle, [property owners] Grantee: City of Edmonds, a Washington municipal corporation Property Address: 1142 Vista Place, Edmonds, Washington 98020 Abbreviated Legal Description: PUGET SOUND MCHY DEPOT 5 AC TRS BLK 000 D-03 - THE N 155FT OF S165FT OFE 240FT OF TR 22 AKA PAR A CITY EDM BLA REC AF 930708052 Assessor's Property Tax Parcel No: 00548900002203 THIS STORM DRAINAGE EASEMENT TRANSFER AND ACCESS EASEMENT GRANT AGREEMENT ("Agreement") is made and entered into on the date set forth below by and between Steve Schroeder and Cheryl Beighle, [property owners] ("Grantors"), and the City of Edmonds, a Washington municipal corporation ("Grantee") (collectively "the Parties") with regard to the following: RECITALS A. Grantors are the fee owners of the real property described above, which property is burdened by a permanent storm drainage easement, dated November 15, 1961 and having Snohomish County Auditor Recording No. 1495751, in favor of the property's prior owner, Gordon Henrickson ("Storm Drainage Easement"). B. Grantors desire to transfer ownership of the Easement to Grantee, and additionally to grant an access easement ("Access Easement") to Grantee to facilitate access to the storm drainage facilities located on the subject property. The Storm Drainage Easement is as legally described in Exhibit A, attached hereto and incorporated herein in full by this reference. NOW, THEREFORE, in consideration of the benefits to accrue to the Grantors herein, the Parties hereby agree as follows: 1. Transfer of Storm Drainage Easement Grantors hereby transfer and convey to Grantee all right, title and interest of every nature held by Grantors, their successors and assigns arising under or accruing as a result of the Storm Drainage Easement, having Snohomish County Auditor Recording No. 1495751. The transfer of the Storm Drainage Easement shall be effective upon recording of this Agreement with the real property records of Snohomish County. 2. Grant of Access Easement Grantors hereby grant and convey to Grantee an easement for ingress and egress over and across Grantors' property, for the below stated purposes, to the storm drainage system and appurtenances located on the south side of the single family residence by way of foot access around the east end of said residence. The easement shall provide access to and operation, maintenance, repair, reconstruction and/or replacement of the storm drainage facilities located within the Storm Drainage Easement herein described. When it is necessary for Grantee to utilize the Access Easement for said purposes, Grantee agrees to perform any such activity in a workmanlike manner with all reasonable haste, and to restore the property to substantially its previous condition as soon as reasonably possible, with the costs of such activity and/or restoration being borne by Grantee. The Access Easement shall be a covenant running with the Grantors' land and shall be binding upon the parties thereto, their heirs, successors and assigns forever. Packet Page 353 of 400 3. Warranty of Authority Grantors warrant that Grantors own fee title to the real property described herein and warrant Grantee title to and quiet enjoyment of the Storm Drainage Easement and the Access Easement. The Parties warrant that the individuals executing this Agreement on behalf of the respective Parties are duly authorized by such Party to execute this Agreement. 4. Recording Upon its execution by the Parties, this Agreement, including the Exhibits A & B describing and depicting the Storm Drainage Easement and the Access Easement, shall be recorded with the Snohomish County Auditor's Office. DATED THIS DAY OF .2013. GRANTORS: Steve Schroeder GRANTEE, CITY OF EDMONDS: Dave Earling, Mayor ATTEST/AUTHENTICATED: Scott Passey, City Clerk APPROVED AS TO FORM: Office of the City Attorney STATE OF WASHINGTON ) ) SS COUNTY OF SNOHOMISH ) Cheryl Beighle I certify that I know or have satisfactory evidence that Steve Schroeder and Cheryl Beighle, [property owners], are the persons who appeared before me, and said persons acknowledged that they signed this instrument, and acknowledged it to be their free and voluntary act for the uses and purposes mentioned in the instrument. Dated: 2013. Notary Public in and for the State of Washington, residing at My appointment expires Packet Page 354 of 400 Exhibit A Sheet 1 of 1 EASEMENT FOR a good and valuable consideration, receipt of which is hereby acknowledged, the undersigned, HENNING V. NELSON and JOY NELSOR, his wife, hereby grant to GORDON HENRICKSON, a married man, for the exclusive benefit and purpose of drain- "4 ing the plat of MAPL.EWOOD VILLAGE NO.'1`, 'an easement for storm drainage, ten (10) LI) rfeet in width, extending five (5) feet on either side of the following described centerline, for the installation, operation and maintenance of a storm drain over, across, through and below the following described property, located in the County of Snohomish, State of Washington, to -wit; Beginning at the southeast corner of Tract twenty-two (22), PUGET SOUND MACHINERY DEPOT FIVE ACRE TRACTS, according to the plat thereof recorded in volume 5 of plate, page 47, records of Snohomish County, Washington; thence north 0 10153" west, 66.00 feet along the east line of said Tract 22 to the true point cd beginning; thence south 68010' 20" west 145.23 feet; thence south T6042055" west, 46.37 feet to a point on the south line of said Tract 22, north 89034128" west, 180.17 feet from the southeast earner thereof, and the terminus of said easement. GRANMRS reserve the right to relocate Ritthe said ease- ment to conform to lot lines in the event of a future subdivision. DATED this A,�Tday of October, 1961. SATE OF WASEgNGTION ) CCxtNTY OF �� d personally �O V. NELSON and JOY ..� f aT per 7 aPPeared before me1t f_fe, to me known to be the individuals described in and who executed ac ?iii r a foregoing instrument;" and acknowledged that they signed the same as tft* r£rDeq siluntarT act and deed, for the uses and purposes therein mentioned. Q .'�Lndsr my hand and official seal this �y of 1981, , L 1 Nota 1?u Winala�_d7 forWate of Washington, residing atf _ �C l l EQUir;=O 6o > CL C. .. a. t' o'3 ... • C .y � ' �. �� /j Packet Page 355 of 400 v P!J%r7 CD W cn 0) 0 A i 0 0 ANGLE PT. 5 FT. - WOOD FENCE - - ±0.6' NORTH EX. 1/2" REBAR WITH CAP NO'D 30581 5 58-16' W-0.77' 5 FT. WOOD FENCE ±o.5' EAST S0UJ\ID AilACA1NEfr'IY P 0 T F 1I V E A C R E IRACTS T R A r T 22 VJI. -6, PG. 4 7 N sl N A • • 5 FT. WOOD FENCE t1.6 TO Z FAST RM Z N o ZONING : RS-12 89.90' ANGLE PT. 5 FT. U5 WOOD FENCE N*0.4' SOUTH 20.0' h4' rNi 13,933 sq.f 35,426 sq. ' SEE SHEET 2 z+ EX. INGRESS, EGRESS & UTILITY EASEMENT (A.F. NO. 770719OT94) N 89'34' / I 30.36DESC R=2D.00' f 7F 30.35' 7-----129'4427 V r--------- � T— EX. 10' PUBLIC w, DRAINAGE EASEMENT ml ` A.F, NO. 92D4160429 o I fO S I N €1111JI1 wl N' 11 I II I wl� 'w I MI 0, I NORTH LINE OF THE SOUTH �155 FEET OF TRACT 22 N 69'34'28" W 24 SG4'c � ASN,pa1e -IQ Fa Fti 'pF� 94.5' i /If i JCL 1 I4Z Vmr* LA.(E w 37,202 Sq.ft.(EXIST.) 3 60,369 sq.it.(NEW.) EX 4V WIRE (EXIST.) / FENCE o L(NEW) oL ---------I NATIVE GROWTH PROTECTION EASEMENT (Al. N0. 200012270296) i `EX. 10' DRAINAGE EASEMENT A.F, NO, 3- W 8.9.88' O �1 N 89'34'28' W _ �' 240.01' 1495751 r oro SOUTH LINE O TRACT 22p�, R=20.00' EX. 10' PUBLIC yt^ �z DRAINAGE EASEMENT 4=10.5NEW LOT LINE 31�. >• o A.F. N0. 9204164429 O O d=30'15'" SET NAIL WITH WASHER NO'D u' 22959 iN TREE ROOT z w a g —EX. INGRESS, EGRESS & 44,662 sq.ft.(EXIST.) UTILITY EASEMENT �' R. PARCEL TO BE (A.F. NO. 7706200208) c ELIMINATED 70.2' ANGLE PT. 5 FT. WOOD FENCE i0.5' WEST 10.8' of S WEST LINE OF}� THE EAST 240 FEET OF TRACT / 22 I�— 0, 17 0 2 O 3 3 7) Q I o TRACT 23 o R=40.00' zl z AA8.06, 12' CONVEYED TO L=10.14, 25' 4, L�1 52>. CITY OF EDMONDS A=14'3107' ,y 13 A.F. N0. ----^—LL--"--—•-�17.70' 3 N `L� 1370895 -- 0' -- ----- 3TREET . ,.� oo• -.----�_-- 0 '� OQ� 41 N 89'34'28 _ 40.00' - 89.33' W 373.82' l ~/1--1------ - - N 89'3 7c)t MONUMENT NOT FOUND J M1 E NORTH 25' VACATED PER N ' CITY OF EDMONDS �^ ORDINANCE 3543. DATED 4 MARCH 23. 2005 i 247_31_ — — _ _ ' ___ W ^ — — 238. 8— _ = 0 _ 149.46' - N 278TO / � - I / NY L C7. W7 "D EX. 4' WOOD 11 FENCE c) a, i l FENCE END 1.0' WEST IS 1 c�1 EX. 1/2" REBAR WITH CAP NO'D 30442 N 40'05' W. 0.16' r EX. 1/2" REBAR WITH CAP NO'D 22969 S 50.20' W, 0,16' FENCE LINE 2.1' WEST i C73 I1 C� -, V RECEIV ED CITY CCivic LERK �/ JAN 15 192 EDMONDS, WA 00020 ENGINEERING ri�RELINQUISHMENT OF EASEMENT WHEREAS, Gordon Henrickson, was granted an easement for storm drainage pursuant to a document recorded as document number 1495750, records of Snohomish County, from John A. Nelson and Victoria Nelson for the purpose of draining the plat of Maplewood Village No. 11 WHEREAS, an storm drainage easement has been dedicated to the City of Edmonds for the purpose of establishing a public drainage way in lieu of the previously established private easement; and WHEREAS, the previously granted easement has become superfluous to the needs of the public or, to Gordon Henrickson, or to the residence of Maplewood village No. 1; NOW, THEREFORE, Gordon Henrickson, a married man, in consideration of the mutual benerits to be derived from the maintenance of said easement by the City of Edmonds for and on behalf of the public does hereby: 1. g,1it•.•Claim and Transfix of Exiat}na Bias. The Grantor hereby dedicates to public use and to the City of Edmonds, Washington, on behalf of said public, a storm drainage easement described as 10 feet in width extending 5 feet on either side of the following described center line: Beginning at the northeast corner of Tract twenty-three (24), PUGFT SOUND MACHINERY DEPOT X FIVE ACRE TRACTS, according to the plat thereof recorded in volume 5 of plats, page }. 47, records of Snohomish County, Washington, 11 N thence north 89"3412811 west, 180,17 feet along Uj W the north line of said tract 23 to the true beginning; 1 point of thence south 76142135" v k west, 63.29 feet; thence north 8913412B11 west, W WC parallel to the north line of said tract 23, q 4 175.00 fectt thence south 0*1012011 west, O `x -2- "ffWF31.1%l000y. wo.01 t Packet Page 357 of 400 vot. 2560pAcj1522 parallel to the west line of said tract 23, 105.00 feet to a point on the south line of the north 120.00 feet of said tract 23, south 89'34'28" east, 205.00 feet from the southwest corner of the north 120.00 feat of said tract 23, and the terminus of said easement. 2. R9Xqen Tyaot. The above -described casement and the relinquished casement described in paragraph 3 bath burden a tract described as Tract 23 of the Puget Sound Machinery Depot Five Acre Tracts according to a plat then^of recorded in Volume 5 of Flats, page 47 of the records cf Snohomish, Washington. 3. waiver and kolinouisheent of Rieh -, Except as necessary to support the dedication described in paragraph 1, Gordon Henrickson hereby waives, relinquishes and releases the easement originally granted pursuant to a document recorded under document number 1495750 of the records Snohomish County, Washington. DATED this L7f�day of oac < 1992, 0 i , Dy { Orden Hen kson ACCEPTED BY CITY OF EDHONPSI i _ BY .a;.. Attest : u to 1, Mayor a nd-C1 - Approved as to form: o. OGRE P WA1, CE "'U ti � � L W. Scott Snydkr4 City Attorney torney i vas 10�}r.lxta4aa J�4.4af , 256OPASE 1523 Packet Page 358 of 400 STATL OF WASHINGTON 1 COUNTY OF .King On this Jay Iwrsonuily apprured heron: in,: Gordon Ilonrikson to me known in be the individual deuribcJ in and who executed tho within and foreguinK host tumunt, undnck nou9�vtprd tha: best r sitgneJ the same as bh/hds ftce arui voluntary act and dcrd, rut thr uses and purposos Ihcrein mentioned. my hnnJ ofA tnl ociai sore) this I) th day January A9 92. c '' ., r, Notary1'uh nn forth"(Siuir (� of Washington, mskiing at, My commission rxplre's: ,)°r mow: b: 3� q 0 4 2 ............. . _ .. -/ (Y rot. 25 6 Q pAGE 15 2 4 .J Packet Page 359 of 400 AM-6376 City Council Meeting and Committee Meetings Meeting Date: 12/10/2013 Time: 5 Minutes Submitted For: Jeanie McConnell Department: Engineering Committee: Parks, Planning, Public Works Submitted By: Megan Luttrell Tyne: Action Information 11. D. Subject Title Authorization for Mayor to approve acceptance and recording of an Asset Transfer Agreement for 645 A Avenue North Recommendation Forward item to the consent agenda for approval at the December 17, 2013, City Council meeting. Previous Council Action None. Narrative The City of Edmonds owns and maintains a sanitary sewer main through the subject parcel and adjacent parcel to the north as shown in Attachment 2. The subject parcel is currently being developed and the owners desire transfer of the easement from the City of Edmonds to the property owners. The sewer main located within the easement only serves the subject parcel and therefore, the City no longer needs ownership of this easement. Attachments Attachment 1 - Asset Transfer Agreement Attachment 2 - Aloha Plat Easement Form Review Inbox Reviewed By Date Engineering Robert English 12/05/2013 05:32 PM Public Works Phil Williams 12/06/2013 01:13 PM City Clerk Scott Passey 12/06/2013 02:05 PM Mayor Dave Earling 12/06/2013 02:46 PM Finalize for Agenda Scott Passey 12/06/2013 02:46 PM Form Started By: Megan Luttrell Started On: 12/04/2013 03:05 PM Final Approval Date: 12/06/2013 Packet Page 360 of 400 Return Address: City Clerk City of Edmonds 121 - 5th Ave. N. Edmonds, WA 98020 ASSET TRANSFER AGREEMENT Property Address: 645 91 h Ave N Assessor's Property Tax Parcel No: _00756500001000 Transferor: City of Edmonds Transferees: Paula A Trost & John Wiskerchen WHEREAS, the CITY OF EDMONDS, a Washington Municipal Corporation (the "City" and "Transferor") and Paula A Trost and John Wiskerchen, owners of the real property referenced above (the "Owners" and "Transferees"), have determined that it is beneficial to both parties to transfer ownership rights in certain assets associated with such real property from the City to the Owners; and WHEREAS, such assets are in the form of a sewer main and utility easement described and depicted in Exhibit A, attached hereto and incorporated herein by this reference (the "Assets"); and WHEREAS, the parties wish to officially document the transfer of the Assets and each parry's rights and responsibilities relating thereto; NOW, THEREFORE, IN CONSIDERATION of the benefits to accrue to the Owners and the City herein, and other good and valuable consideration, the receipt of which is hereby acknowledged, the City hereby permanently conveys and transfers to the Owners, and the Owners hereby accept, all rights, title and interest of every nature held by the City in the Assets. The parties agree that maintenance, repair, and/or reconstruction of any private utility systems and appurtenances, if any, located upon or within the private utility easement across Lot 9, as described and depicted in Exhibit A, attached hereto and incorporated herein by this reference, for the sole benefit of Lot 10 shall be the responsibility of the Transferees and the cost of said maintenance, repair, and/or reconstruction shall be borne by the Transferees. Utility systems shared between Lots 9 and 10, shall be the collective responsibility of Transferrees and the owners of Lot 9, and the cost of said maintenance, repair, and/or reconstruction shall be borne jointly between the owners of Lots 9 and 10, except that no owner/transferees shall be responsible for said maintenance, repair and/or reconstruction of that portion of that commonly used utility system located upstream from the point of connection of that respective lot owner. This easement is a non-exclusive easement in that the Owners/Transferees agree to allow the owners of Lot 9 unrestricted access to the easement for the purposes of accessing, constructing, repairing, and/or maintaining utilities located therein. The Assets hereby transferred are located in the COUNTY OF SNOHOMISH, STATE OF WASHINGTON. DATED this day of , 2013. TRANSFEREE: Paula A Trost John Wiskerchen TRANSFERRORS: Dave Earling, Mayor, City of Edmonds ATTEST/AUTHENTICATED: Packet Page 361 of 400 Scott Passey, City Clerk APPROVED AS TO FORM: Office of the City Attorney STATE OF WASHINGTON ) ) ss COUNTY OF SNOHOMISH ) On this day personally appeared before me Michael Meiers, to me known to be the individual described in and who executed the within and foregoing instrument and acknowledged that he signed the same as his free and voluntary act and deed, for the uses and purposes therein mentioned. UNDER MY HAND AND OFFICIAL SEAL THIS DAY OF , 2013 NOTARY PUBLIC in and for the State of Washington, residing at STATE OF WASHINGTON ) ) ss COUNTY OF SNOHOMISH) On this day personally appeared before me Anne Meiers, to me known to be the individual described in and who executed the within and foregoing instrument and acknowledged that she signed the same as her free and voluntary act and deed, for the uses and purposes therein mentioned. UNDER MY HAND AND OFFICIAL SEAL THIS DAY OF , 2013 NOTARY PUBLIC in and for the State of Washington, residing at Packet Page 362 of 400 R - a ill E T ISI.gQ•` E X C Ep7. 14 0' U. r_.ul 0 iA - yr1Y�'J�� - = 0 - ao.ao' �r �Q'sa•ss" E —� sow 2r.00' -.�i -a--�'--�,��-►"�'- �� flc a u ��q - -� B _ I - _ X615r-I�lGr2� AkJr) U ; IL7(-4 Y I9 _ - _- - �(A_1=. Qo. 84C i3 N N f05.143' Ek. UI.tL'�!✓FZGROUhIC] UiIL.I¢»� _ - cASE1.�lEIJ z u 1510S!'rs3" rs LEGiE1Vo w.E. = %%Tm a sEmafr► ( CITY OF EDMONDS) " E c I; sE Packet Page 363 of 400 ° � � EASE ( CITY OF EDMONDS) AM-6381 City Council Meeting and Committee Meetings Meeting Date: 12/10/2013 Time: 5 Minutes Submitted For: Jeanie McConnell Department: Engineering Committee: Parks, Planning, Public Works Submitted By: Megan Luttrell Tyne: Action Information 11. E. Subject Title Authorization for Mayor to approve acceptance and recording of a Sanitary Sewer Easement Release and Grant Agreement for 620 Sunset Ave. Recommendation Forward item to the consent agenda for approval at the December 17, 2013, City Council meeting. Previous Council Action On February 14, 2012, the Parks, Planning and Public Works Committee, approved a Sanitary Sewer Easement Release and Grant Agreement for the subject property to be reviewed by full Council. On February 21, 2012, City Council, approved acceptance and recording of a Sanitary Sewer Easement Release and Grant Agreement for the subject property. Narrative A Sanitary Sewer Easement Release and Grant Agreement was previously recorded against 620 Sunset Ave — AFN 201205110112. The previously recorded easement included language that allowed for the construction of a building structure over the easement. As the owner of the property revised their development plans to no longer include construction over the easement, the City desires release of the previous easement and grant of a new easement that no longer allows for the construction of a structure over the easement. Attachments Attachment 1 - Previously recorded easement AFN201205110112 Attachment 2 - Proposed Sanitary Sewer Easement Release and Grant Agreement Form Review Inbox Reviewed By Date Engineering Robert English 12/05/2013 01:55 PM Public Works Kody McConnell 12/05/2013 01:55 PM City Clerk Scott Passey 12/05/2013 02:43 PM Mayor Dave Earling 12/05/2013 05:42 PM Finalize for Agenda Scott Passey 12/06/2013 07:58 AM Form Started By: Megan Luttrell Started On: 12/04/2013 04:36 PM Final Approval Date: 12/06/2013 Packet Page 364 of 400 CONFORMED COPY 201205110112 4 PGS 06 / 1112012 9 ; 08am NSHINGTON 27.00 SNOHOMISH COUNTY, Return Address: City Clerk City of Edmonds 1215th Avenue N. Edmonds, Washington 98020 3 _€ � �� tlePS., ,.,3 IiP,j; H _ G1i ;ndd SANITARY SEWER EASEMENT RELEASE AND EASEMINT GRANT AGREEMENT Grantors: Michael D. Echelbarger and Kathleen A, Echelbarger, husband and wife Grantee: City of Edmonds, a Washington municipal corporation Property Address: 620 Sunset Avenue, Edmonds, Washington 98020 Abbreviated Legal Description: In the SW 1/4, NW IA, Section 24, T.27 N., R.3E., W.M. Assessor's Property Tax Parcel No: 27032400201500 THIS EASEMENT RELEASE AND EASEMENT GRANT AGREEMENT ("Agreement") is made and entered into on the date set forth below by and between Michael D. Echelbarger and Kathleen A. Echelbarger, husband and wife ("Grantors"), and the City of Edmonds, a Washington municipal corporation ("Grantee") (collectively "the Parties") with regard to the following: A. Grantors are the fee owners of the real property described above, which property is burdened by a permanent sewer easement, having Snohomish County Auditor Recording No. 946726, in favor of the City of Edmonds ("Easement"). B. Grantee desires to revise the Easement to add additional. area to facilitate access to the sewer facilities located on the subject property, and has proposed that the Easement be terminated and released, and that the Grantors grant to the Grantee a new comprehensive easement as legally described below, and as depicted on Exhibit A, attached hereto and incorporated herein in full by this reference ("New Easement"). NOW, THEREFORE, in consideration of the benefits to accrue to the Grantors herein, the Parties hereby agree as follows: 1. Release of Easement Grantee hereby terminates and releases all right, title and interest of every nature held by the Grantee, its successors and assigns arising under or accruing as a result of the easement having Snohomish County Auditor Recording No. 946726 ("Released Easement"). The termination and release of the Released Easement shall be effective upon recording of this Agreement with the real property records of Snohomish County and upon such recording the termination and release of the Released Easement shall. be effective. Page I of 3 Packet Page 365 of 400 2. Grant of New Easement 2.1 Grant of New Easement. Grantors hereby grant and convey to Grantee a permanent easement for the installation, construction, operation, maintenance, repair, reconstruction or replacement of a sanitary sewer pipeline and necessary appurtenances, over, across, through and below the following described property, and the further right to remove trees, bushes, undergrowth and other obstructions, excluding the building located or to be located upon the easement right of way, interfering with the location, construction, operation, maintenance, repair, reconstruction or replacement of said sanitary sewer pipeline and appurtenances, together with the right or access to the easement at any time for the stated purposes ("New Easement"). The New :Easement hereby granted is located in the City of Edmonds, County of Snohomish, State of Washington, is depicted in the drawing attached as Exhibit A, and is more particularly described as follows: A strip of land 10.00 feet in width, lying 5.00 feet on either side of the following described centerline, being a portion of Government Lot 2 in Section 24, Township 27 North, Range 3 Cast., W.M., in Snohomish County, Washington, described as follows: Beginning at the intersection of the north line of said Government Lot 2 and the westerly line of Third Street projected northerly; thence N 89°39'00" W along the north line of said Government Lot 2, a distance of 455.7 feet; thence S 0°21'00" W, 115.00 feet; thence N 89°39'00" W, 98.30 feet to the True Point of Beginning of the centerline herein described; thence S 0°2l.'00"W, 50.00 feet; thence S 30°38'20" W, 15.02 feet to the terminus of the centerline herein described. Situate in the City of Edmonds, County of Snohomish, State of Washington. 2.2 Easement for Access. Grantors hereby convey and grant unto the Grantee an easement for ingress and. egress over and across the south 15 feet of the Grantors' property lying westerly or the east line of the New Easement right of way hereinabove described for the purposes of access to and operation, maintenance, repair, reconstruction and/or replacement of the sanitary sewer pipeline and appurtenances located in the hereinabove described New Easement. In addition, upon construction of the building to be located on the New Easement right of way, Grantee shall have access, for the above stated purposes, to the sanitary sewer pipeline and appurtenances located on the north side of such building by way of foot access around the east end of such building. 2.3 WorldRestoration. When necessary to maintain, repair, reconstruct and/or replace the sanitary sewer pipeline and appurtenances, the Grantee shall have the right or entry for such purposes, provided that, when such entry is necessary, any such activity shall be performed in a workmanlike manner with all reasonable haste, and the premises shall be restored to substantially its previous condition as soon as reasonably possible, with the costs of such activity and/or restoration being borne by the Grantee. 2.4 Covenant Running with the Land. This New .Easement shall be a covenant running with the Grantors' land and shall be binding upon the parties thereto, their heirs, successors and assigns forever. 2.5 Warranty ..of Authority. Grantors warrant that Grantors own fee title to the real property described herein and warrant Grantee title to and quiet enJoyrment of the New .Easement and access Page 2 of 3 Packet Page 366 of 400 easement. The Parties warrant that the individuals executing this Agreement on behalf of the respective Parties are duly authorized by such Party to execute this Agreement. 2.6 Recording. Upon its execution by the parties, this Agreement, including the New Easement, shall be recorded with the Snohomish County Auditor's Office. DATED THIS DAY OF �'�l�Ct , 2012. Michael D. Echelbarger. (1104 C?i Uzi,-rcL.n�. Kathleen A. Echelbarger�`` STATE OF WASHINGTON.'� w e 'Ra ) SS bmt 1 &IR jr COUNTY OF SNOHOMISH I certify that I know or have satisfactory evidence that) Echelbarger, husband and wife, are the persons who apfEa) that they signed this instrument, and aclmowledged it to be purposes mentioned in the instrument. Dated: . , 2012. r Notary Public in and for the State of Washington, residing at My appointment expires GRA +, C OF D OND o c • Dave harling, Mayor ATTEST/AUTHENTICATED: Sandra S. Chase, City Clerk ^ APPROVED AS TO FORM: O%£3 of the City Attorney Page 3 of 3 he , ter and Kathleen A. Tq;,and said persons acknowledged and voluntary act for the eases and Packet Page 367 of 400 "00 REVISED CENTERLINE DATA LINE TABLE LINE BEARING DISTANCE L1 N 00°21'00" E 50.00 L2 N 30'38'20" E 15.02 mu rr M Woo r)v, rn O 0 r ro oo \ F- 0- L6 z z � \ o�� 3 „02,60.00 N \\ ,S L ,00'aS t 8ti'lL \ 0 N 'N 3nN3AV AUZ Cn 'gl —� 4 ci LO `n \ Jw in oil \ ! �0rL \\ 3 .00, ZOO N N 00'9 6 4 A „00, Zpo) N 00'00 _! 1— - - - ¢ LLA w W p W iti Y 0 100 W::- _ (0 O d N (0 5; W C, O) r �— >- LLJ z Z ]-- O� 0 4 w co � O O to Z w (n ! 2 �L C7 0)-Co 0 (° rn w~ Jwi (n } w 1- `'- p 1i1 N u1 DC) � -- Z Vi V) w m" Z O _ w (� w rri Of 7 l�iJ F- O W aY) j31 CD w LLl hw- (wZ J1 in )- W \\�, Z k- Q -- w p X j S U v - ( ] F ° — -- -- - 00 pZ err ' Z 00') I 0>-w z Q \ O ri u L n X ¢mrn >- n w Z I 00 R W oa Qv �0 ow Z WOW.1O J1—flpj Z� I Np W i z LO - O d 0 p 12 \ Z I � Q �Cl7Q L� ¢(�f) Zg \\ ww¢ ¢ In < © n �--- o o z 00 SCALE 1 "=50' Z FOR a' 1a'za'3o'40'So' SEWER EASEMENT SKETCH MICHAEL ECHELBARCER IN SW1 /4, NW1 /4 SEC. 24, T.27N., R.3 E., W.M. CITY OF EDMONDS SNOHOMISH COUNTY, WASHINGTON Packet Page 368 of 400 Return Address: City Clerk City of Edmonds 1215thAvenue N. Edmonds, Washington 98020 SANITARY SEWER EASEMENT RELEASE AND EASEMENT GRANT AGREEMENT Grantors: Michael D. Echelbarger and Kathleen A. Echelbarger, husband and wife Grantee: City of Edmonds, a Washington municipal corporation Property Address: 620 Sunset Avenue, Edmonds, Washington 98020 Abbreviated Legal Description: In the SW1/4, NW1/4, Section 24, T.27 N., R.3E., W.M. Assessor's Property Tax Parcel No: 27032400201500 THIS EASEMENT RELEASE AND EASEMENT GRANT AGREEMENT ("Agreement") is made and entered into on the date set forth below by and between Michael D. Echelbarger and Kathleen A. Echelbarger, husband and wife ("Grantors"), and the City of Edmonds, a Washington municipal corporation ("Grantee") (collectively "the Parties") with regard to the following: RECITALS A. Grantors are the fee owners of the real property described above, which property is burdened by a permanent sewer easement, having Snohomish County Auditor Recording No. 201205110112, in favor of the City of Edmonds ("Easement"). Grantee desires to revise the Easement to remove the allowance for a building structure over the Easement, and has proposed that the Easement be terminated and released, and that the Grantors grant to the Grantee a new comprehensive easement as legally described below, and as depicted on Exhibit A, attached hereto and incorporated herein in full by this reference ("New Easement"). NOW, THEREFORE, in consideration of the benefits to accrue to the Grantors herein, the Parties hereby agree as follows: Release of Easement Grantee hereby terminates and releases all right, title and interest of every nature held by the Grantee, its successors and assigns arising under or accruing as a result of the easement having Snohomish County Auditor Recording No. 201205110112 ("Released Easement"). The termination and release of the Released Easement shall be effective upon recording of this Agreement with the real property records of Snohomish County and upon such recording, the termination and release of the Released Easement shall be effective. 2. Grant of New Easement 2.1 Grant of New Easement. Grantors hereby grant and convey to Grantee a permanent easement for the installation, construction, operation, maintenance, repair, reconstruction or replacement of a sanitary sewer pipeline and necessary appurtenances, over, across, through and below the following described property, and the further right to remove trees, bushes, undergrowth and other obstructions interfering with the location, construction, operation, maintenance, repair, reconstruction or replacement of said sanitary sewer pipeline and appurtenances, together with the right of access to the easement at any time for the stated purposes ("New Easement"). The New Easement hereby granted is located in the City of Edmonds, County of Snohomish, State of Washington, is depicted in the drawing attached as Exhibit A, and is more particularly described as follows: Page 1 of 3 Packet Page 369 of 400 A strip of land 10.00 feet in width, lying 5.00 feet on either side of the following described centerline, being a portion of Government Lot 2 in Section 24, Township 27 North, Range 3 East., W.M., in Snohomish County, Washington, described as follows: Beginning at the intersection of the north line of said Government Lot 2 and the westerly line of Third Street projected northerly; thence N 89°39'00" W along the north line of said Government Lot 2, a distance of 455.7 feet; thence S 0°21'00" W, 115.00 feet; thence N 89°39'00" W, 98.30 feet to the True Point of Beginning of the centerline herein described; thence S 0*21'00"W, 50.00 feet; thence S 30°38'20" W, 15.02 feet to the terminus of the centerline herein described. Situate in the City of Edmonds, County of Snohomish, State of Washington. 2.2 Easement for Access. Grantors hereby convey and grant unto the Grantee an easement for ingress and egress over and across the south 15 feet of the Grantors' property lying westerly of the east line of the New Easement right of way hereinabove described for the purposes of access to and operation, maintenance, repair, reconstruction and/or replacement of the sanitary sewer pipeline and appurtenances located in the hereinabove described New Easement. 2.3 Work/Restoration. When necessary to maintain, repair, reconstruct and/or replace the sanitary sewer pipeline and appurtenances, the Grantee shall have the right of entry for such purposes, provided that, when such entry is necessary, any such activity shall be performed in a workmanlike manner with all reasonable haste, and the premises shall be restored to substantially its previous condition as soon as reasonably possible, with the costs of such activity and/or restoration being borne by the Grantee. 2.4 Covenant Running with the Land. This New Easement shall be a covenant running with the Grantors' land and shall be binding upon the parties thereto, their heirs, successors and assigns forever. 2.5 _Warranty of Authority. Grantors warrant that Grantors own fee title to the real property described herein and warrant Grantee title to and quiet enjoyment of the New Easement and access easement. The Parties warrant that the individuals executing this Agreement on behalf of the respective Parties are duly authorized by such Party to execute this Agreement. 2.6 Recording. Upon its execution by the Parties, this Agreement, including the New Easement, shall be recorded with the Snohomish County Auditor's Office. DATED THIS DAY OF 4��v� , 2013. )i RANTO 1 Michael D. Echelbarger I<at leen A. Echelbarger STATE OF WASHINGTON ) SS COUNTY OF SNOHOMISH I certify that 1 know or have satisfactory evidence that Michael D. Echelbarger and Kathleen A. Echelbarger, husband and wife, are the persons who appeared before me, and said persons acknowledged that they signed this instrument, and acknowledged it to be their free and voluntary act for the uses and purposes mentioned in the instrument. Dated: N)0 LJe4-Y1 �� c� i ✓L' 201 Notary Pu c in and for the State of Washington, residing at (-C� k C 5UZ J My appointment expires - , -O 1 Notary Public State of Washington LYNN K ROWE My Appointment Expires May 12. 2017 Page 2 of 3 Packet Page 370 of 400 GRANTEE, CITY OF EDMONDS: Dave Earling, Mayor ATTEST/AUTHENTICATED: Scott Passey, City Clerk APPROVED AS TO FORM: Office of the City Attorney Page 3 of 3 Packet Page 371 of 400 o0 rn , %v 01 �&lse REVISED CENTERLINE DATA z�\\ p�F w (a o \ LINE TABLE LINE SEARING DISTANCE L1 N 00'21'00" E 50.00 L2 N 30'38'20" E 15.02 mu rn rn O p r- Co Co \ t- Sri z z \ o af � .'- ' Sb'9L 6 3 „02,60.00 N \ \ a °- ,S L } ,00'0S l Sti'lL \ 0 'N 3nN3A`d PUZ "0es� O B� cr) N z \ cn � oa zzm \ wUJ mm o�! °i I boa \\ 3 „ 00, ZZ.00 N i N 1,00'9 l 6 3 „00, 2.00 N 00'0S _ _ a w 04 1 } 4 a O LL J 1 C9 o w W a w ILJ Z U ap CO M i I zzw wcA n �o an ~ r z z w i!� I I a_ cD 0)�¢ o0 o co m w J CIi } W s..: r O Z Lil N L6 06 � - � ! fn 0. � m m n Z ONO '- Cl) _} U 00 I w �Ow 0)wLd z r uI L Z C� Vj I z U _ wL'j U Q r Ln TL zLn B O Lr L 6 CO X]-Q M p7 �O LO UW I �� ..._ z Wow rn m JI-©'tZ: I NQ w ! 00 ~ }--- uj W Z Ln 2 O � Q \ Z !w< ¢co \ xam��W W Ld Q Coo z 00 SCALE 1 50' 0' 10'20'30'40'50' SEWER EASEMENT SKETCH\ <) FOR MI CHA EL ECHEL BA RGER 1N SW1 /4, NW1 /4 SEC. 24, T.27N., R.3 E., W.M. CITY OF EDMONDS SNOHOMISH COUNTY, WASHINGTON Packet Page 372 of 400 AM-6382 City Council Meeting and Committee Meetings Meeting Date: 12/10/2013 Time: 5 Minutes Submitted For: Mike DeLilla Department: Engineering Committee: Parks, Planning, Public Works Submitted By: Megan Luttrell Tyne: Action Information Subject Title Report on final construction costs for the 224th St. Waterline Relocation Project and acceptance of project Recommendation Forward this item to the consent agenda for Council acceptance at the December 17, 2013 Council meeting. Previous Council Action On July 16th, 2013 Council authorized Staff to call for bids for the 224th Waterline Relocation Project. 11. F. On August 20th, 2013, Council voted to award the contract in the amount of $79,114.13 for the watermain project to Earthwork Enterprises Inc. Narrative The 224th Waterline Relocation Project is complete. The project replaced, at 224th St SW, approximately 300 linear feet of waterline piping with associated meter and fire hydrant. The project was funded by the 421 Water Utility Fund and General Funds available for fire protection costs that are part of the 2013 Waterline Replacement Program. The contract award amount was $79,114.13 and Council approved a management reserve of $28,000. There was one approved change order for unforeseen conditions during the project construction. The total cost of this change order was $3,509.10 and the final construction cost paid to the contractor was $82,623.23. Form Review Inbox Reviewed By Date Engineering Robert English 12/05/2013 02:51 PM Public Works Phil Williams 12/05/2013 04:25 PM City Clerk Scott Passey 12/06/2013 02:05 PM Mayor Dave Earling 12/06/2013 02:44 PM Finalize for Agenda Scott Passey 12/06/2013 02:46 PM Form Started By: Megan Luttrell Started On: 12/04/2013 04:45 PM Final Approval Date: 12/06/2013 Packet Page 373 of 400 AM-6246 12. A. City Council Meeting and Committee Meetings Meeting Date: 12/10/2013 Time: Submitted By: James Lawless Department: Police Department Committee: Public Safety, Personnel Tyne: Action Information Subject Title Renewal of an Interlocal Agreement between the City of Edmonds and the Edmonds School District for football game security Recommendation It is recommended and requested that the agreement be forwarded to full Council for approval via consent agenda. Previous Council Action N/A Narrative This is the renewal of an Interlocal Agreement (ILA) between the Edmonds Police Department and the Edmonds School District, which allows for the Police Department to provide security at the district football stadium. Costs incurred while providing security are reimbursed by the district. This agreement will run through August 31, 2016, and covers the terms, services to be provided and responsibilities of the off -duty police officers working this special detail. The ILA has be reviewed and approved by the City Attorney as to form. Attachments ILA between the City of Edmonds and the Edmonds School District Inbox Reviewed By City Clerk Scott Passey Mayor Dave Earling Finalize for Agenda Scott Passey Form Started By: James Lawless Final Approval Date: 11/06/2013 Form Review Date 11/05/2013 10:01 AM 11/05/2013 10:06 AM 11/06/2013 11:21 AM Started On: 10/18/2013 09:18 AM Packet Page 374 of 400 INTERLOCAL AGREEMENT BETWEEN EDMONDS SCHOOL DISTRICT NO. 15 and CITY OF EDMONDS for POLICE COVERAGE AT ATHLETIC EVENTS THIS INTERLOCAL AGREEMENT ("Agreement") is made by and between EDMONDS SCHOOL DISTRICT NO. 15 (the "District"), and the CITY OF EDMONDS, a Washington municipal corporation ("Edmonds") (collectively, the "Parties"). RECITALS WHEREAS, Chapter 39.34 RCW, Interlocal Cooperation Act, permits agencies to enter into agreements to engage in cooperative activities; and WHEREAS, the District and Edmonds desire to cooperate pursuant to the Act to make the most efficient use of their respective governmental powers within their jurisdictions; and WHEREAS, the District and Edmonds desire to have police coverage at District athletic events to provide security, promote safety, and serve as a positive resource to the District; and WHEREAS, Edmonds is desirous to assign one or more uniformed Police Officers (the "Officer") to provide police coverage at athletic events, in return for a rate of compensation that is agreed upon by the Parties; NOW, THEREFORE, in consideration of the mutual representations and covenants contained herein, the Parties agree as follows: TERMS 1. Purpose. This Agreement is intended to provide police coverage at all football games as scheduled by the District, plus any post -season games to be determined, at Edmonds- Woodway High School located in the District through the assignment by Edmonds of one or more experienced commissioned Edmonds Officers to service that location at the specified rate of compensation herein. 2. Term. This Agreement shall commence on September 1, 2013 and shall expire on August 31, 2016, unless otherwise terminated under the provisions of this Agreement. -1- Packet Page 375 of 400 3. Termination. Either Party may terminate this Agreement for any reason upon sixty (60) days written notice to the other Party. This Agreement is subject to funding, and either Party may terminate with proper written notice due to lack of funding. 4. Duties of Officer(s). Edmonds shall assign the Officer(s) to provide police coverage at athletic events. The duties and responsibilities of the Officer include, but are not limited to, the following: • Support game management with crowd control and enforce the laws of the State of Washington and the City of Edmonds. • Arrive at the stadium at the time indicated on the sign-up sheet, which is 45 minutes prior to the start of the game. The Officer will report to the District Event Manager in the Stadium Office. • The Officer's primary function is to support the efforts of the game staff in providing a safe surrounding for students, parents, game participants and other attendees. • The District will provide the Officer with a portable radio with District staff frequency to monitor for any requests by the stadium staff for police assistance. • If two Officers are working a game, one will be at each of the two ticket booths until game time or until notified by the Event Manager. If only one Officer is working, the Officer will alternate between the two ticket booths. • During the game, one Officer will be at each end of the grandstand. It is important that Officers are generally easy to spot in case a need arises. • At half time, at least one Officer will report to the east side of the grandstand to assist with crowd control. • At the conclusion of the 2nd and 3rd quarters, one Officer will assist the ticket sellers as they transport gate receipts back to the Stadium Office. At game end, the Event Manager may ask for assistance on the field to ensure that the crowd does not enter the field or to safeguard officials to their locker room. • Enforce rules pertaining to tobacco, alcohol, and drugs on public school property. The Officer shall take enforcement action (juvenile referral or citation) when probable cause exists for any violation. The Officer will notify the appropriate school administrator and/or the School Resource Officer of the arrest of any student during a District sponsored event. • After the game the Officer will report to the game management office to sign out or be assigned other duties as directed by the Stadium Event Manager. 5. Independent Contractor. Edmonds and the District understand and agree that Edmonds is acting as an independent contractor under the terms of this Agreement. 6. Supervision of Officer(s). The Officer shall remain an employee of Edmonds and is not an employee of the District. The Officer shall remain responsive to the supervision of the chain of command of the Edmonds Police Department. Edmonds shall be solely responsible for the Officer's training, discipline, or dismissal. -2- Packet Page 376 of 400 7. Compensation. The Officer's rate of pay shall be compensation at the rate of one and one-half (1.5) times the Officer's regular straight time hourly rate of pay, plus applicable employer contributions for state retirement, FICA equivalent, and state industrial insurance. 8. Payment. The District shall pay Edmonds within thirty (30) days from the date of receipt of a proper invoice. 9. Insurance and Indemnification. The Parties shall separately maintain their own appropriate liability and casualty insurance policies as they, in their sole discretion, deem appropriate. The Parties further agree that no indemnification shall be provided for, except as specifically set forth below and that the respective liability of the Parties to each other and to third persons shall be deemed in accordance with the laws of the State of Washington. The District will protect, defend, indemnify, and hold harmless Edmonds, its officers, employees, officials and agents from any and all costs, claims, judgments, or awards of damages arising out of, or in any way resulting from, wrongful acts or omissions of the District, its officers, employees, or agents. The District waives immunity under Title 51 RCW, the Industrial Insurance Act, but only for purposes of fulfilling its indemnification obligations towards Edmonds under this provision, and acknowledges that this waiver has been specifically negotiated. Nothing contained in this section shall be deemed to waive any other immunities established pursuant to state statutes or to create third party rights or immunities. In the event of concurrent liability, the Parties shall have the right of contribution in proportion to the respective liability of each Party. 10. District Responsibility for Safety and Security. The Parties understand and agree that the District retains its legal responsibility for the safety and security of the District, its employees, students and property, and this Agreement does not alter that responsibility except as provided in paragraph 9 above. 11. Applicable Law. This Agreement shall be governed by the laws of the State of Washington. 12. Entire Agreement. This Agreement contains the entire agreement between the Parties and supersedes and merges with any prior agreements of the Parties, written or oral. This Agreement shall be amended only in writing with the written consent of both Parties. 13. Notice. Edmonds Assistant Chief of Administrative Services shall serve as the administrator of this Agreement for Edmonds, and the Director of Athletics shall serve as the administrator of this Agreement for the District. Notices to Edmonds shall be sent to the following address: -3- Packet Page 377 of 400 City of Edmonds Police Department ATTN: Assistant Police Chief of Administrative Services 250 5th Avenue N. Edmonds, WA 98020 Notices to the District shall be sent to the following address: Edmonds School District No. 15 ATTN: Director of Athletics 20420 681h Avenue W. Lynnwood, WA 98036 14. Duty to File Agreement with County Auditor. The District shall, within ten (10) days after this Agreement is executed by both Parties, file this Agreement with the Snohomish County Auditor or, alternatively, list it by subject on a public agency's website or other electronically retrievable public source as provided in RCW 39.34.040. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of this day of , 2013. EDMONDS SCHOOL DISTRICT NO. 15 CITY OF EDMONDS Marla S. Miller David O. Earling, Mayor Dated: Its: Executive Director ATTEST: Business and Operations -4- Sandra S. Chase, City Clerk APPROVED AS TO FORM: Office of the City Attorney Packet Page 378 of 400 AM-6273 City Council Meeting and Committee Meetings Meeting Date: 12/10/2013 Time: Submitted By: James Lawless Department: Police Department Committee: Public Safety, Personnel Tyne: Action Information Subject Title Supplemental Agreement (2) to the Services Agreement with Cellmark Forensics, Inc. for DNA Testing 12. B. Recommendation Staff recommends and requests tht the agreement be forwarded to the full Council for approval via the consent agenda. Previous Council Action N/A Narrative The City entered into an agreement for DNA testing and analysis of evidence for property crimes on March 1, 2010. That agreement was extended in 2011 and is set to expire on December 31, 2013. DNA evidence has become an important part of our investigations and is key to our solving property crimes such as burglary, auto theft, etc. The police department wishes to continue to use the services of Cellmark Forensics, INC. (formerly Orchid Cellmark) in order to assist us in solving our property crimes cases. The testing processes used by Cellmark Forensics is now sensitive enough to detect DNA samples collected from a crime scene simply by the suspect touching an item. It has become the expectation of both the prosecution and the defense attorney's in these cases that DNA testing/results be performed and presented. This same testing process has been used successfully in Great Britain for over ten plus years. Cellmark forensics currently provides services for WASPC's Stranger Rape Project. In addition, the Washington State Patrol Crime Laboratory has approved the scientific testing process Cellmark Forensics, INC. utilizes in order to allow for entry of the DNA results into the national data base (CODIS). The costs associated with DNA testing has again been facotored into the 2014 police department budget. The supplemental agreement, extends the original agreement for another two year term with no fee increase for the duration of that time period. The agreement has been approved by the City Attorney as to form. Cellmark Supplemental Agreement 2 Cellmark Agreement and Supplemental 1 Inbox Reviewed By City Clerk Scott Passey Mayor Dave Earling Finalize for Agenda Scott Passey Fonn Started By: James Lawless Final Approval Date: 11/06/2013 Attachments Form Review Date 11/05/2013 10:01 AM 11/05/2013 10:07 AM 11/06/2013 11:21 AM Started On: 10/31/2013 01:46 PM Packet Page 379 of 400 Original Contract No. Supplemental Agreement 2 No. SUPPLEMENTAL AGREEMENT 2 TO DNA TESTING SERVICES AGREEMENT WHEREAS, the City of Edmonds, Washington, hereinafter referred to as the "City", and Cellmark Forensics, Inc. (formerly Orchid Cellmark, Inc.), hereinafter referred to as "Cellmark" or the "Contractor" (collectively the "Parties"), entered into an underlying agreement for the testing of property crime evidence for DNA, dated March 1, 2010 ("Agreement"); and WHEREAS, the Parties entered into a Supplemental Agreement 1 to the underlying Agreement for the purposes of extending the term of the underlying Agreement through December 31, 2013 and revising the Scope of Work, dated January 24, 2012 ("Supplemental Agreement I"); and WHEREAS, the name of the company formerly known as Orchid Cellmark, Inc. having been legally changed to Cellmark Forensics, Inc., the Parties would like to memorialize this change in relation to their Agreement and Supplemental Agreement 1; and WHEREAS, the Parties desire to further extend the term of the underlying Agreement; NOW, THEREFORE, in consideration of the mutual benefits accruing, it is hereby agreed by and between the Parties hereto as follows: 1. The underlying Agreement of March 1, 2010 and the Supplemental Agreement 1 of January 24, 2012 between the Parties, both of which are incorporated by this reference as if fully set forth herein, are amended in, but only in, the following respects: 1.1 Name of Contractor. The name of the Contractor for the purposes of the Parties' Agreement and Supplemental Agreement 1 is changed from Orchid Cellmark, Inc. to Cellmark Forensics, Inc. The obligations of the Contractor under the Agreement and Supplemental Agreement 1 shall not change. 1.2 Term. This Supplemental Agreement 2, which includes the pricing outlined in Exhibit A attached to Supplemental Agreement 1, shall be effective from January 1, 2014 through December 31, 2015. 2. In all other respects, the underlying Agreement and Supplemental Agreement 1 between the Parties shall remain in full force and effect, amended as set forth herein, but only as set forth herein. DONE this day of 52013. Packet Page 380 of 400 CITY OF EDMONDS CELLMARK FORENSICS, INC. Bv: Dave Earling, Mayor ATTEST/AUTHENTICATED: Scott Passey, City Clerk APPROVED AS TO FORM: Office of the City Attorney STATE OF NORTH CAROLINA ) )ss COUNTY OF ALAMANCE ) By: _ Title: On this day of , 20 , before me, the under -signed, a Notary Public in and for the State of North Carolina, duly commissioned and sworn, personally appeared , to me known to be the of the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. WITNESS my hand and official seal hereto affixed the day and year first above written. NOTARY PUBLIC My commission expires: Page 2 of 2 Packet Page 381 of 400 Original Coy ct No. Supplemental Agreement 1 No. SUPPLEMENTAL AGREEMENT 1 TO DNA TESTING SERVICES AGREEMENT WHEREAS, the City of Edmonds, Washington, hereinafter referred to as the "City', and Orchid Cellmark, Inc., hereinafter referred to as "Cellmark" or the "Contractor", entered into an underlying agreement for the testing of property crime evidence for DNA, dated March 1, 2010; WHEREAS, the Parties have agreed to revise the Scope of Work of the underlying contract, per the terms of Section 10, to the Scope of Work attached hereto as Exhibit A; and WHEREAS, the Parties have agreed to extend the underlying contract, which expires December 31, 2011, per the terms of Section 113, to December 31, 2013; NOW, THEREFORE, In consideration of mutual benefits occurring, it is agreed by and between the parties thereto as follows: 1. The underlying Agreement of March 1, 2010 between the parties, incorporated by this reference as fully as if herein set forth, is amended in, but only in, the following respects: 1.1 Scope of Work. The Scope of Work set forth in the underlying agreement shall be amended to encompass the Scope of Work outlined in the attached Exhibit A, which consists of Cellmark's letter to the City of Edmonds Police Department, dated December 6, 2011, and is incorporated by this reference as fully as if herein set forth. 1.2 Term. This Supplemental Agreement, including but not limited to the pricing outlined in the attached Exhibit A, shall be effective from January 1, 2012 through December 31, 2013. 2. In all other respects, the underlying agreement between the parties shall remain in full force and effect, amended as set forth herein, but only as set forth herein. DONE this --24 day of ,20 CITY OF EDMONDS ORCHID CELLMARK, INC. By: e - By: Mayor Dave Earling Title: I s5 is ant Seere, -�j 9DEPT. Packet Page 382 of 400 ATTEST/AUTHENTICATED: andra S. Chase, City Clerk APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: r Mdr+k Lccr 0nLt STATE OF ) )ss COUNTY OF A(Gt,► ancCe— ) N6r',k OarDI -ncc On this .Zday of :3-cin yA!24 20 % before me, the under -signed, a Notary Public in and for the Stat of-VA3iingt0n,, duly commissioned and sworn, personally appeared A. Vag Aer to me known to be the of the corporation that executed the foregoing instrument, and acknowledged the said instnir&nt to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. WITNESS my hand and official seal hereto affixed the day and year first above written. �=Y�- NOTARY PUBLIC My commission expires: 02 �/ Packet Page 383 of 400 0 D CELLMARK December 6, 2011 Al Compaan, Chief of Police Edmonds Police Department 250 Fifth Av. N. Edmonds, WA 98020 RE: Pricing Agreement for Property Crime Testing Services Dear Chief Compaan, Thank you for your recent inquiry regarding property crime testing services. This letter shall serve as a pricing agreement between Orchid Cellmark and the City of Edmonds Police Department for the testing of property crime evidence. BioTracks Expressr'" (15 to 30 day Turn Around Time) Streamlined Property Crime Sample Processing without Suspects* for Upload into a Database 1. Evidence Samples a. Batches of 70 or more Swabs b. Batches of 45 — 69 Swabs c. Batches of 20 — 44 Swabs d. Batches of 10 — 19 Swabs e. Batches of 1 — 9 Swabs surcharge 2. Reference Elimination Samples $245 per swab $265 per swab $285 per swab $305 per swab $305 per swab plus $500 per batch $245 per buccal swab * If a suspect sample is identified at a later time or a confirmation sample is tested after a hit this can be done for an additional $395 and will include a full case report. _BloT_racks r°" (30 to 45 day Turn Around Time) Standard Property Crime Casework for Upload into CODIS or Comparison with Known Suspects 1. Evidence Samples a. Batches of 70 or more Swabs b. Batches of 45 — 69 Swabs c. Batches of 20 — 44 Swabs d. Batches of 10 — 19 Swabs e. Batches of 1 — 9 Swabs surcharge 2. Reference Elimination or Suspect Samples $345 per swab $365 per swab $385 per swab $405 per swab $405 per swab plus $500 per batch $345 per buccal swab Expert Witness Testimony: It is expected that the vast majority of property crime suspects will confess when faced with DNA evidence linking them to the scene of the Packet Page 384 of 400 crime. As a result, property crime cases using DNA testing rarely go to court. However, in the event a property crime case does go to court and require Expert Witness Testimony, charges will be as follows: $1,500 per day plus expenses for each testimony request. Video Conferencing for testimony is available for $250 per hour plus the cost of the video feed. Description of Analysis Approach Service BioTracks ExpressTM BioTracks me Element Turn -around time 15-30 days 30-45 days Report Batch data tables and abbreviated Standard Individual Casework report to CODIS Upload Review report to DPS DIPS Low quant Samples with <10 picograms of Samples with <10 picograms of samples DNA/microliter after extraction and DNA/microliter after extraction and quantification are not analyzed further quantification are not analyzed Non -swab items Cigarette butts — no charge Cigarette butts — no charge (less than 8.5" x Other (e.g. chewing gum, baseball Other (e.g. chewing gum, baseball cap) 11 ")-- cap) — Additional $50/item — Additional $50/item "Hair, bones, or items larger than 8 '/2" x 11" are not accepted for Biotracks Express"m or BiotracksTM analysis. Orchid Cellmark Representations: Orchid Cellmark represents and warrants that the Services provided hereunder shall be performed in accordance with established and recognized forensic testing procedures and in material compliance with federal and state laws. Testing Specifications: All testing will be performed by Orchid Cellmark utilizing protocols approved under the existing Washington State Patrol contract other than detailsspecified in the Description of analysis Approach. Switching Service Options: Each batch of samples submitted will be run using either BioTracksTm or BioTracks Express (i.e., half of one sample batch cannot be run using one process and half with the other process). The City of Edmonds Police Department shall have the right to change which process they are using in between sample shipments. Testing Location: Orchid Cellmark has fully accredited casework facility in Farmers Branch, TX, a suburb of Dallas. Contract Length: The pricing outlined herein shall remain in effect through December 31, 2013. Packet Page 385 of 400 Billing and Payment: Orchid Cellmark shall invoice the City of Edmonds Police Department for all services performed on a monthly basis. The City of Edmonds Police Department agrees that all invoices should be paid within 30 days. Record Retention: All biological material/evidence pertaining to cases sent to Orchid Cellmark by the City of Edmonds Police Department will be returned to the City of Edmonds Police Department within 60 days after delivery of the final report unless otherwise instructed by the City of Edmonds Police Department. Customer Service Contact: Your operations point of contact at our testing facility, Matt Quartaro (214-271-8323 mquartaroCc�orchid.com). Mr. Quartaro will contact you once this agreement is signed to make sure you have all the information you need to send samples as it becomes necessary. He can also help coordinate case file review and CODIS upload of your samples with the appropriate Washington State Patrol crime lab. If these terms are acceptable, please return this signed agreement via fax or email. Laura Gahm, Ph.D., D-ABC Director of Operations, North American Forensics Orchid Cellmark, Inc. 13988 Diplomat Drive, Suite 100, Dallas, TX 75234 Phone: 214-271-8406 FAX: 214-271-8422 lgahngorchid.com Agreed and Ac o ledged to Signature t < Date Name Please address bills to: Name Address (if different from above) Phone email Title Packet Page 386 of 400 , �, Gary Haakenson c .. City OT Edinonds Mayor 121 FIFTH AVENUE N, • EUMONDs, CIA 98020 425-771-0251 COMMUNITY SERVICES DEPARTMENT DNA TESTING SERVICES AGREEMENT THIS AGREEMENT, made and entered into between the City of Edmonds, hereinafter referred to as the "City", and Orchid Cellmark, Inc., hereafter referred to as "Cellmark" or "Contractor"; WHEREAS, in an effort to improve the City's ability to identify property crime suspects, the City is considering the use of DNA analysis as pant of its Police Department's investigations of certain property crimes, and WHEREAS, Cellmark is a private laboratory that processes evidence for touch DNA analysis, and WHEREAS, the Crime Laboratory Division of the Washington State Patrol has indicated that its laboratories are sufficiently compatible to accept ownership of the DNA data generated from Cellmark for CODIS search and upload purposes, and WHEREAS, the City and Cellmark ("Parties") desire to enter into a contract defining the rights and responsibilities of Parties with respect to testing property crime evidence for DNA, NOW, THEREFORE, In consideration of mutual covenants herein contained, Cellmark and the City have mutually agreed and do hereby agree as follows; 1. Scone of work. The Scope of Work shall include all services and material necessary to accomplish the above -mentioned objectives in accordance with the specifics noted below. A. General Description, The Specific Scope of Works can be found in Exhibit A., incorporated by this reference as fully as if herein set forth. B. Teem. This Agreement, including but not limited to the pricing outlined in Exhibit A, shall be effective from the date that it is executed by the Parties through December 31, 2011. Parties may extend the agreement by addendum or amendment per Section 10 of this Agreement. This Agreement shall be nonexclusive. 2. Payments. The Contractor shall be paid by the City for completed work for services rendered under this Agreement as provided hereinafter. Such payment shall be full tBFP764812.DOC;11000069001501) C70 ✓ - /.3 Packet Page 387 of 400 _3-1�-2010 - lZ l lvfl .S`1.5 4v Services Agreement, Page 2 compensation for work performed or services rendered and for all labor, materials, supplies, equipment and incidentals necessary to complete the work. A. Amount. Payment for work accomplished under the terms of this Agreement shall be as set forth in Exhibit A. B. Process. All vouchers shall be submitted by the Contractor to the City for payment pursuant to the terms of this Agreement. The City shall pay the appropriate amount for each voucher to the Contractor. The Contractor may submit vouchers to the City for services set forth in Exhibit A that were both performed and accepted by the City. Billing shall be reviewed in conjunction with the City's warrant process. No voucher / billing shall be considered for payment that is not sufficiently detailed to verify validity thereof, and that has not been submitted to the City three days prior to the scheduled cut-off (late. Such late vouchers will be checked by the City and payment will be made in tine next regular payment cycle. C. Record Retention. The costs, records and accounts pertaining to this Agreement are to be .kept available for inspection by representatives of the City for a period of three (3) years after final payment. Copies shall be made available upon request. 3. Ownership and use of documents. All research, tests, surveys, preliminary data and any and all other work product prepared or gathered by the Contractor in preparation for the services rendered by the Contractor under this Agreement shall be and are the property of Contractor and shall not be considered public records, provided, however, that: A. Final Document. All final reports, presentations and testimony prepared by the Contractor shall become the property of the City upon their presentation to and acceptance by the City and shall at that date become public records. B. Copies. The City shall have the right, upon reasonable request, to inspect, review and, subj ect to the approval of the Contractor, copy any work product. C. Default. In the event that the Contractor shall default on this Agreement, or in the event that this contract shall be terminated prior to its completion as herein provided, the work product of the Contractor, along with a summary of work done to date of default or termination, shall become the property of the City and tender of the work product and summary shall be a prerequisite to final payment under this contract. The sununary of work done shall be prepared at no additional cost. 4. Hold harmless agreement. In performing the work under this Agreement, Contractor agrees to protect, indemnify and save the City harmless from and against any and all injury or damage to the City or its property, and also from and against all claims, demands, and cause of action of every kind and character arising directly or indirectly, or in any way (BFP764812.DOC;1\00006.900160\ ) DNA TESTING SERVICES AGREEMENT 2 Packet Page 388 of 400 SelTices Agreenient incident to, in connection with, or arising out of work performed under the terms hereof, caused by the tortious or illegal actions or breach of any obligation under this Agreement by the Contractor, its agents, employees, representatives or subcontractors, Contractor specifically promises to indemnify the City against claims or suits brought under Title 51 RCW by its agent, employees, representatives or subcontractors and waives any immunity that the Contractor may have under that title with respect to, but only to, the City. Contractor further agrees to fully indemnify City from and against any and all costs of defending any such claim or demand to the end that the City is held harmless therefrom. The provisions of this paragraph shall prevail over any other conflicting provision in this Agreement. The provisions of this paragraph shall not apply to damages or claims resulting from the sole .negligence of the City; provided that they shall apply to damages or claims resulting from concurrent negligence of the parties to the extent of the Contractor's tortious or illegal actions or breach of any obligation render this Agreement, or those of its agents, employees, representatives or subcontractors. General and professional liability insurance. The Contractor shall secure and maintain in full force and effect during performance of all work pursuant to his contract a policy of business general liability insurance providing coverage of at least $1,000,000 per occurrence and $2,000,000 aggregate for personal injury; and $1,000,000 per occurrence and aggregate for property damage, hrsurance policies shall name the City as an additional insured, and shall include a provision prohibiting cancellation of said policy, except upon thirty (30) days written notice to the City. Certificates of coverage shall be delivered to the City within fifteen (15) days of execution of this Agreement. Coverage limit provided herein is neither intended nor shall it cap Contractor's .liability resulting from breach of contract, warranty, negligence or any other act of tort. 6, Discrimination prohibited. Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, age, sex, national origin or physical handicap, 7. Contractor is an independent contractor. The Parties intend that an independent Contractor relationship will be created by this Agreement. No agent, employee or representative of the Contractor shall be deemed to be an agent, employee or representative of the City for any purpose. Contractor shall be solely responsible for all acts of its agents, employees, representatives and subcontractors during the performance of this contract. 8. City approval of work. Notwithstanding the Contractor's status as an independent Contractor, results of the work performed pursuant to this contract must meet the approval of the City. 9. Piggyback. It is also the City's intent to make available to other local government entities of the State of Washington, by mutual agreement with Cellmark and properly authorized interlocal purchasing agreements as provided for by Chapter 39.34 RCW, the right to purchase the same service, at the prices quoted, for the period of this contract. tBFP764812.DOC;1100006.9001601 l DNA,rESTING SERVICES AGREEMENT Packet Page 389 of 400 Services Agree+nent, Page 4 10. ChanneslAdditional work. The City may engage Contractor to perform services in addition to those listed in this Agreement, and Contractor will be entitled to additional compensation for authorized additional services or materials. The City shall not be liable for additional compensation until and unless any and all additional work and compensation is approved in advance in writing and signed by both Parties to this Agreement. If conditions are encountered which are not anticipated in the Scope of Works, the City understands that a revision to the Scope of Work and fees may be required. Provided, however, that nothing in this paragraph shall be interpreted to obligate the Contractor to render or the City to pay for services rendered in excess of the payments discussed in Section 2.A, unless or until an amendment or addendum to this Agreement is approved in writing by both Parties. 11, Standard of care. Contractor represents that Contractor has the necessary knowledge, qualification, certification, license, skill and experience to perform services required by this Agreement. Contractor and any persons employed by Contractor shall use their best efforts to perform the work in a professional manner consistent with sound practices, in accordance with the usual and customary professional care required for services of the type described in the Scope of Work. 12. Supervision of employees. Contractor is responsible for the direct supervision of its employees, and a supervisor shall be available at all reasonable times to confer with the City in regards to services. Contractor commits that its services will be performed by careful and efficient employees trained in the best practice and highest standards imposed by Contractor. 13. Non -waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 14. Non -assignable. The services to be provided by the Contractor shall not be assigned or subcontracted without the express written consent of the City. 15. Covenant against contingent fees. The Contractor warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Contractor, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Contractor, any fee, commission, percentage, brokerage fee, gifts or any other consideration contingent upon or resulting from the award of making this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee, 16, Compliance with laws, The Contractor in the performance of this Agreement shall comply with all applicable Federal, State or local laws and ordinances, including regulations for licensing, certification and operation of facilities, programs and accreditation, and licensing of individuals, and any other standards or criteria as described (BIT764SI2.DOC;1%00006.9001601 1 DNA TESTING SERVICES AGREEMENT Packet Page 390 of 400 Services Agreemew, Page 5 in the Agreement to assure duality of services. The Contractor specifically agrees to pay any applicable business and occupation (B & O) taxes which may be due on account of this Agreement. 17. Potential conflicts. During pendency of this Agreement, Contractor (1) shall not, without written notification to the City and the City's prior written consent, perform work for any party, other than the City, with respect to any case or project that is subject to judicial, administrative or quasi: judicial proceedings where the City is either a opposing party or a neutral decision maker of the case or project; and (2) shall not advocate or promote any legislative objectives on behalf of existing or potential clients that are determined by the City to be in conflict with City's legislative objectives. 18. Notices. Notices shall be sent to the following address, with receipt of any notice being deemed effective three days after deposit of written notice. City of Edmonds c/o Sandra Chase City of Edmonds 121 Fifth Avenue North Edmonds, WA 98020 42S-775-2525 Chase@ci.cd1rro1ids.wa.0 s Orchid Cel.lmark, Inc. 19. Seyerability, This Agreement shall be read and interpreted as a whole, except that the capitalized and underlined headings for each numbered paragraph are for descriptive purposes and shall not prevail over the provision which they head. In the event that any provision herein shall be struck down, particularly those contained in paragraph 7 (Contractor is an independent contractor), this Agreement shall be at an immediate end. 20. Integration. The Agreement between the Parties shall consist of this document and the Exhibits attached hereto. These writings constitute the entire Agreement of the parties and shall not be amended except by a writing executed by both patties as provided in Section 10 (Changes/Additional Work). In the event of any conflict between this written Agreement and any provisions of Exhibits attached hereto, this Agreement shall control. 21. Venue and jurisdiction. Any action to interpret or enforce this Agreement shall be brought before the Superior Court of Snohomish County, Washington, and the Parties agree that, as between them, all matters shalt be resolved in that venue. 22, Force Maleure. Parties shall not be liable for failure to perform or delay in performance due to fire, flood, strike or other labor difficulty, act of God, act of any governmental authority, riot, embargo, fuel or energy shortage, car shortage, wrecks or delays in transportation, or due to any other cause beyond Parties reasonable control, hi the event of delay in performance due to any such cause, the date of delivery or time for completion will be extended by a period of time reasonably necessary to overcome the effect of such delay. tEFP764812.DOC;1100006.9001601 h DNA TESTING SERVICES AGREEMENT Packet Page 391 of 400 Services Agreement, Page 6 DATED THIS DAY OF , 20 /U , CITY OF EDMO S By: MRya Gary ak soli ATTEST/AUTHENTICATED: W. &,,,, S4d& S. Chase, City Clerk APPROV D,ArS TO FO . OFFICE Ok CI A ORNEY: W. Scott Snyder DATED THIS 1 s t DAY O F March (RPP764812.DOC;1100006.900160\ } DNA TESTING SERVICES AGREEMENT 20 10 . ORCHID CELLMARK, INC. W LLIAM J. THOMA s �� y: It's: Vice Pre ident & General Counsel Packet Page 392 of 400 Services,40ement, Page 7 Exhibit A (Attach Orchid Cellmark, Inc.'s letter to the City of Edmonds Police Department dated June 3, 2009 and signed by Jeff Boschwitz, Vice President Sales and Marketing, on behalf of Orchid Cellmark, Inc.) (BFP764812.DGC;1100006.900i 601) DNA TESTING SERVICES AGREEMENT Packet Page 393 of 400 0 R.0 H I D CELLMARK March 3, 2010 Gerald Gannon, Assistant Chief of Police City of Edmonds Police Department 250 — 5th Avenue North City of Edmonds, WA 98020 RE: Pricing Agreement for Property Crime Testing Services Dear Assistant Chief Gannon, Thank you for your recent inquiry regarding property crime testing services. This letter shall serve as a pricing agreement between Orchid Cellmark and the City of Edmonds Police Department for the testing of property crime evidence. Service Eleimw BioTracks Express"' BioTracks7N1 $245 per sample for batches of $345 per sample for batches of Price 70 or more swabs/swab cuttings* 70 or more swabs/swab cuttings Turn -around time 15-30 days 30-45 days Report Data tables and abbreviated Standard report report Samples with <20 picograms of Samples with <20 picograms of Low quant samples DNA/microliter after extraction DNA/microliter after extraction and quantification are not and quantification are not analyzed further analyzed further Samples that do not yield CODIS-uploadable profiles on Analysis approach Sample only analyzed once** the first attempt are re -analyzed using the same approach used for analyzing violent crime evidence Non -swab items (less than 8.5" x Non -swab items not accepted. Additional $30/item 11 ") Reference or $245 per sample $245 per sample Exclusion Samples *Add $20/sample for batches of 45-69, $40/sample for batches of 20-44 and $60/sample for batches of 10 - 19. Packet Page 394 of 400 "Samples can be re -analyzed using the standard BioTracks TM process for an additional $260/sample (minimum batch sizes apply) Orchid Cellmark also offers an alternative method of pricing when you expect to have a significant number of samples where no DNA is present. 1) DNA quantification is performed for $145/sample for BioTracks Express TM or $165/sample for BioTracksTM (70 sample minimum; add $20/sample for batches of 45-69, $40/sample for batches of 20-44 and $60/sample for batches of 10 - 19.) 2) STR analysis is only performed on samples meeting a minimum DNA concentration for an additional $150/sample for BioTracks Express TM or $270/sample for BioTracksTM Expert Witness Testimony: It is expected that the vast majority of property crime criminals will plea out a case when faced with DNA evidence linking them to the scene of the crime. As a result, property crime cases using DNA testing should rarely go to court. However, in the event a property crime case does go to court and require expert witness testimony: $1,500 per day plus expenses (per our agreement with the Washington State Patrol) for each testimony request Orchid Cellmark Representations: Orchid Cellmark represents and warrants that the Services provided hereunder shall be performed in accordance with established and recognized forensic testing procedures and in material compliance with federal and state laws. Testing_ Specifications: All testing will be performed by Orchid Cellmark utilizing protocols approved under the existing Washington State Patrol contract (e.g., use of the Profiler/Cofiler kit for testing) unless specified in the testing description above (e.g., not running samples through the process with DNA quantification values less than 20 picograms per microliter and only running BioTracks Express TM samples through the process once). Switching Service Options: Each batch of samples submitted will be run using either BioTracks TM or BioTracks ExpressTM (i.e., half of one sample batch cannot be run using one process and half with the other process). The City of Edmonds shall have the right to change which process they are using in between sample shipments. Testing Location: Orchid Cellmark has fully accredited casework facility in Farmers Branch, TX a suburb of Dallas. Contract Length: The pricing outlined herein shall remain in effect through December 31, 2011. Packet Page 395 of 400 Billingand nd Payment: Orchid Cellmark shall invoice the City of Edmonds Police Department for all services performed on a monthly basis. The City of Edmonds Police Department agrees that all invoices should be paid within 30 days. Record Retention: All biological material/evidence pertaining to cases sent to Orchid Cellmark by the City of Edmonds Police Department will be returned to the City of Edmonds Police Department within 60 days after delivery of the final report unless otherwise instructed by the City of Edmonds Police Department. Customer Service Contact: Your operations point of contact at our testing facility, Matt Quartaro (214-271-8323 mquartarokorchid.com). Matt will contact you once this agreement is signed make sure you have all the information you need to send samples as it becomes necessary. Matt can also help coordinate case file review and CODIS upload of your samples with the appropriate Washington State Patrol crime lab. If these terms are acceptable, please return this signed agreement via fax or email. Jeff Boschwitz Vice President Sales and Marketing Orchid Cellmark 609-750-2329 phone 609- 750-2729 fax Agreed and Acknowledged to Signature Name Title Date Packet Page 396 of 400 AM-6385 City Council Meeting and Committee Meetings Meeting Date: 12/10/2013 Time: Submitted By: Mary Ann Hardie Department: Human Resources Committee: Public Safety, Personnel Type: Information Subject Title Human Resources Assistant (part-time) job description Action 12. C. Recommendation Approval for this job description so that it may be posted and also included in the 2014 Non -Represented salary schedule as this position has been approved in the 2014 budget. Previous Council Action None Narrative The part-time HR Assistant will provide support to the department's programs, policies and procedures including but not limited to: benefits, compensation, the City's safety program, worker's compensation program, wellness and the LEOFF 1 insurance programs. HR Assistant 2013 Inbox City Clerk Mayor Finalize for Agenda Form Started By: Mary Ann Hardie Final Approval Date: 12/06/2013 Attachments Form Review Reviewed By Date Scott Passey 12/05/2013 09:39 AM Dave Earling 12/05/2013 05:40 PM Scott Passey 12/06/2013 07:58 AM Started On: 12/05/2013 08:53 AM Packet Page 397 of 400 City of EDMONDS Washington HUMAN RESOURCES ASSISTANT — Part -Time Department: Human Resources NR Bargaining Unit: Non -Represented FLSA Status: Non Exempt Revised Date: December 2013 Reports To: Human Resources Manager POSITION PURPOSE: Under general supervision, participates in the administration of Human Resources (HR) policies, programs and projects; performs technical assistance duties involving recruitment, selection and testing; provides assistance to the employees with the City's benefit programs and coordinates special events and Human Resources programs as assigned. ESSENTIAL FUNCTIONS AND RESPONSIBILITIES: The following duties ARE NOT intended to serve as a comprehensive list of all duties performed by all employees in this classification, only a representative summary of the primary duties and responsibilities. Incumbent(s) may not be required to perform all duties listed and may be required to perform additional, position -specific duties. • Participates in the administration of Human Resources policies, programs and projects including but not limited to: compensation and benefits, safety/risk management, worker's compensation, labor relations, organizational development, wellness and compliance. • Supports the Human Resources department in complex clerical and administrative functions related to various HR programs providing assistance in compliance with applicable department procedures and City policies, collective bargaining agreements and/or local, state and federal regulations. • Assists with enrollments and employee benefits changes and assists in the administration of the City's benefits programs; responds to requests for information providing program information to employees, management, outside agencies and the public. • Assists in the processing of personnel status report forms; assists in maintaining the department filing systems, including but not limited to: employee personnel files, human resource program files, reports, etc. • Prepares records and documents for archival storage and destruction for supervisor's approval as needed using the WA State Records Management Guidelines. • Assists with the administration of the City's Worker's compensation program including: working with the consultant, claims managers, supervisors and injured employees. Assists with the data entry and processing of accounts payables and processing of LEOFF 1 Disability Board requests for reimbursement. • Creates, maintains and updates various assigned databases including: assisting with the maintenance of the applicant tracking database, MEBT database and discipline comparables database, etc.; compiles data from a variety of sources and inputs/changes database information. • Prepares letters, reports and other correspondence as assigned. Transcribes notes and meeting minutes as directed. Retrieves, sorts and distributes mail in a timely fashion. • Assists with the City's recruitment process, including preparation and distribution of job postings; assists in the maintenance of the City's HR website. Packet Page 398 of 400 • Maintains office supply inventory including maintaining, updating and creating departmental forms; assists in data entry of the department procedures manual. • Assists in the completion of special projects as assigned, including: conducting research and collecting data as assigned, training classes, seminars, and materials (and materials) and employee and public events. • Assists with department events and Boards and committees as directed. • Prepares department reports as assigned. • Performs other related duties as assigned. Required Knowledge of: • General Human Resources laws, policies, procedures and practices. • Microsoft Office Suite programs. • Accurate, lawful, and efficient record -keeping techniques. • Interpersonal skills using tact, patience and courtesy. • Principles of customer service and public relations. • Proper telephone etiquette and techniques. • Effective oral and written communication principles and practices. • Modern office procedures, methods, and equipment including computers and computer applications sufficient to perform assigned work. • Correct English usage, spelling, grammar, punctuation and vocabulary. • Basic research methods, data collection and statistical record -keeping. • Tabulation and statistical calculations. • Principles of business letter writing. Required Skill in: • Maintaining records, files, and information in compliance with laws, policies, and procedures. • Use of discretion, good judgment and critical thinking skills. • Interpreting, applying and explaining rules, regulations, policies, procedures and laws. • Successfully meeting schedules and time lines. • Ability to work under pressure with frequent interruptions. • Preparing a variety of reports, logs, records and files related to assigned activities. • Maintaining confidentiality of sensitive information; working confidentially with discretion. • Being flexible and able to work with diverse personalities. • Researching a variety of subjects and presenting information in an efficient, accurate manner. • Utilizing personal computer software programs and other relevant software affecting assigned work. • Establishing and maintaining effective working relationships with staff, management, vendors, outside agencies, community groups and the general public. • Maintaining confidentiality and communicating with tact and diplomacy. • Communicating effectively verbally and in writing, including public relations and customer service. MINIMUM QUALIFICATIONS: Education and Experience: High School Diploma/GED Certificate. Proficiency with Microsoft Office Suite programs. Preferred one year of college -level training in Business, Office Management, or related field and two years of increasingly responsible administrative, technical, or program support experience that includes customer Packet Page 399 of 400 service, records and file maintenance utilizing computerized tracking systems; preferably related to human resources program areas; OR an equivalent combination of education, training and experience. Required Licenses or Certifications: Valid State of Washington Driver's License. Must be able to successfully complete and pass a background check. WORKING CONDITIONS: Environment: • Office environment. • Constant interruptions. Physical Abilities • Hearing, speaking or otherwise communicating to exchange information in person or on the phone. • Operate a computer keyboard and other office equipment. • Read and understand a variety of materials. • Sitting or otherwise remaining in a stationary position for extended periods of time. • Bending at the waist, reaching above shoulder or horizontally or otherwise positioning oneself to accomplish tasks. • Lifting/carrying or otherwise transporting or moving up to 30 lbs. (occasionally). Hazards: • Contact with potentially angry and/or dissatisfied employees and/or members of the public. Incumbent Signature: Department Head: Date: Date: Packet Page 400 of 400