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2015.02.10 CC Agenda Packet              AGENDA EDMONDS CITY COUNCIL Council Chambers ~ Public Safety Complex 250 5th Avenue North, Edmonds SPECIAL MEETING FEBRUARY 10, 2015             6:30 P.M. - CALL TO ORDER   1.(30 Minutes)Executive session regarding collective bargaining per RCW 42.30.140(1)(b)   STUDY SESSION FEBRUARY 10, 2015   7:00 P.M. - CALL TO ORDER / FLAG SALUTE   2.(5 Minutes)Roll Call   3.(5 Minutes)Approval of the Agenda    4.(5 Minutes)Approval of Consent Agenda Items   A.AM-7476 Approval of City Council Meeting Minutes of February 3, 2015.   B.AM-7472 Approval of claim checks #212723 through #212836 dated February 5, 2015 for $406,731.29. Approval of payroll direct deposit and checks #61480 through #61489 for $499,411.09, benefit checks #61490 through #61500 and wire payments of $439,268.90 for the pay period January 16, 2015 through January 31, 2015.   C.AM-7470 Acknowledge receipt of a Claim for Damages from MiaLisa Anderson (amount undetermined) and from John Nesmith ($332.80).   5.Audience Comments (3 minute limit per person)* *Regarding matters not listed on the Agenda as Closed Record Review or as Public Hearings         Packet Page 1 of 312 6.(30 Minutes) AM-7461 Edmonds Downtown BID Assessment Rate Structure Discussion   7.(15 Minutes) AM-7469 Discussion of 2015 Yost Pool Operations   8.(10 Minutes) AM-7413 Naming of Fire Station #16.   9.(10 Minutes) AM-7468 Discussion of an ordinance amending the 2015 Budget for Carryforward items previously discussed and approved by Council during the 2014 Budget Year.   10.(30 Minutes) AM-7462 Discussion on Draft Utilities Element for the 2015 Comprehensive Plan Update   11.(10 Minutes) AM-7440 Police Uniform Vendor Contract Renewal   12.(20 Minutes) AM-7475 Presentation of an Interlocal Agreement with Mountlake Terrace for the 228th St. SW Corridor Improvement Project.   13.(15 Minutes) AM-7467 Public Works Quarterly Project Report   14.(5 Minutes) AM-7460 Authorization to Purchase Freightliner Vactor 2100 CB Vacuum Truck   15.(5 Minutes)Mayor's Comments   16.(15 Minutes)Council Comments   17.Convene in executive session regarding pending or potential litigation per RCW 42.30.110(1)(i).   18.Reconvene in open session. Potential action as a result of meeting in executive session.   ADJOURN         Packet Page 2 of 312    AM-7476     4. A.              City Council Meeting Meeting Date:02/10/2015 Time:Consent   Submitted By:Scott Passey Department:City Clerk's Office Type: Action  Information Subject Title Approval of City Council Meeting Minutes of February 3, 2015. Recommendation Review and approve meeting minutes. Previous Council Action N/A Narrative Attachment 1 - 2-03-2015 Draft Council Meeting Minutes Attachments 02-03-15 Draft Council Meeting Minutes Form Review Form Started By: Scott Passey Started On: 02/06/2015 08:29 AM Final Approval Date: 02/06/2015  Packet Page 3 of 312 EDMONDS CITY COUNCIL DRAFT MINUTES February 3, 2015 The Edmonds City Council meeting was called to order at 6:30 p.m. by Mayor Earling in the Council Chambers, 250 5th Avenue North, Edmonds. ELECTED OFFICIALS PRESENT Dave Earling, Mayor Adrienne Fraley-Monillas, Council President Diane Buckshnis, Councilmember Kristiana Johnson, Councilmember Lora Petso, Councilmember Joan Bloom, Councilmember Thomas Mesaros, Councilmember ALSO PRESENT Noushyal Eslami, Student Representative STAFF PRESENT Jim Lawless, Assistant Police Chief Phil Williams, Public Works Director Carrie Hite, Parks, Rec. & Cult. Serv. Dir. Scott James, Finance Director Shane Hope, Development Services Director Rob English, City Engineer Renee McRae, Recreation Manager Jeff Taraday, City Attorney Scott Passey, City Clerk Jerrie Bevington, Camera Operator Jeannie Dines, Recorder 1. CONVENE IN EXECUTIVE SESSION TO DISCUSS A REAL ESTATE MATTER PER RCW 42.30.110(1)(C) AND POTENTIAL LITIGATION PER RCW 42.30.110(1)(I) At 6:30 p.m., Mayor Earling announced that the City Council would meet in executive session to discuss a real estate matter per RCW 42.30.110(1)(c) and potential litigation per RCW 42.30.110(1)(i). He stated that the executive session was scheduled to last approximately 30 minutes and would be held in the Jury Meeting Room, located in the Public Safety Complex. No action was anticipated to occur as a result of meeting in executive session. Elected officials present at the executive session were: Mayor Earling, and Councilmembers Johnson, Fraley-Monillas, Buckshnis, Petso, Bloom and Mesaros. Others present were City Attorney Jeff Taraday, Parks, Recreation & Cultural Services Director Carrie Hite, Recreation Manager Renee McRae, and City Clerk Scott Passey. Councilmember Bloom left the executive session at 6:48 p.m. and returned at 7:01 p.m. Councilmember Mesaros left the executive session at 6: 59 p.m. The executive session concluded at 7:03 p.m. Mayor Earling reconvened the regular City Council meeting at 7:06 p.m. and led the flag salute. 2. ROLL CALL City Clerk Scott Passey called the roll. All elected officials were present. 3. APPROVAL OF AGENDA COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCIL PRESIDENT FRALEY- MONILLAS, TO APPROVE THE AGENDA IN CONTENT AND ORDER. MOTION CARRIED UNANIMOUSLY. 4. APPROVAL OF CONSENT AGENDA ITEMS Packet Page 4 of 312 COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER BLOOM, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: A. APPROVAL OF CITY COUNCIL MEETING MINUTES OF JANUARY 27, 2015 B. APPROVAL OF CLAIM CHECKS #212618 THROUGH #212722 DATED JANUARY 29, 2015 FOR $700,446.27 C. ACKNOWLEDGE RECEIPT OF CLAIMS FOR DAMAGES FROM AMANDA BOSAW (AMOUNT UNDETERMINED) AND THE CITY OF EDMONDS (AMOUNT UNDETERMINED) D. AUTHORIZATION FOR MAYOR TO SIGN A SUPPLEMENTAL AGREEMENT WITH SHANNON & WILSON FOR THE FINAL FEASIBILITY STUDY OF THE WILLOW CREEK DAYLIGHT PROJECT, TO PERFORM ADDITIONAL WORK FOR THE EDMONDS MARSH RESTORATION PROJECT, AND TO REDUCE THE FLOODING AT DAYTON ST. AND SR104 5. AUDIENCE COMMENTS Alvin Rutledge, Edmonds, thanked Mayor Earling for speaking at the Kiwanis Club today. Mayor Earling will make a State of the City Address at the Edmonds Theater on February 12 at 8:30 a.m. He noted there are a lot of issues in the City which Mayor Earling will explain. 6. PUBLIC HEARING ON DRAFT UTILITIES ELEMENT FOR THE 2015 COMPREHENSIVE PLAN UPDATE Development Services Director Shane Hope provided background on Comprehensive Plans: • Provide long term community planning and public process • Required under State GMA • Cannot be amended more than once/year (with certain exceptions) • Must be implemented by local government through budget and other activities Edmonds Existing Comprehensive Plan: • Has multiple elements • Required by State law to have major review and updated by mid-2015 • Reviewed in spring 2014 for consistency with current State law o Found mostly to be in compliance, with need for some updating She reviewed the update process: • Moving forward with draft updates, element by element o Public meetings of Planning Board, followed by City Council, for each element • Proposed Comprehensive Plan changes are mainly aimed toward cleanup and updating, not major policy changes • No final decision until whole Comprehensive Plan can be consider • City Council makes final decision on adoption Comprehensive Plan update – summer 2015 Ms. Hope described the draft utilities element: • Addresses City utilities o Water o Sewer Packet Page 5 of 312 o Stormwater o Solid waste • References City’s water, sewer and stormwater plans • Provides a brief background and goals and policies for solid waste o Solid waste handled differently because it does not have its own plan She provided a summary of the proposed changes: • Description added about water, sewer and stormwater utilities with reference to adopted utility plans • Update proposed to storm and surface water goals and policies • Updated language proposed for: o Solid waste section o “Other utilities” section Ms. Hope described the Planning Board’s involvement: • Reviewed utilities element information o December 10, 2014 o January 2014 • Discussed draft and recommended minor changes be brought to Council (included in draft being considered now) • Acknowledged some fine-tuning may still be needed Next steps include: • February 3 public hearing for the draft Utilities Element • February 10 City Council Study session on draft utilities element • Other public input, including o February 25 open house, 5 to 7 p.m., City Hall 3rd floor • Continuing work and public meetings on various draft Comprehensive Plan element • Refinement of draft language on all elements • Public hearing on full draft Comprehensive Plan updated scheduled for June Councilmember Bloom referred to language on page 1, “The Edmonds City Council made a decision after the approval of the 2010 Water System Plan to adopt a rate structure that has been designed to fund from current rate revenues a very long range program of replacing its aging network of water mains rather than using debt financing to fund that program. As a result rates have been adjusted in each of three recent years to get closer to that goal. The plan is to examine the utility’s financial capacity after the third year of this effort and make a decision whether or not to continue that rate adjustment for the remaining three years.” She suggested for transparency including the date of that decision, the amount of the rate increase, when the rate increases will be imposed and the date it will be reviewed. Ms. Hope advised that information is outdated and needs to be updated. Public Works Director Phil Williams advised the first of the three rate increases occurred January 2014, the second occurred January 2015 and the third will occur January 2016. When the 2016 budget is developed, staff will return to Council to discuss the policy, report on how it has worked and provide the Council an opportunity to revisit it. Ms. Hope advised a general idea of the timing will be included. Councilmember Bloom asked whether the rate increases would be included. Mr. Williams relayed the rate increased adopted by Council were approximately 8-9% on water and sewer and 4.3% for stormwater. Councilmember Bloom referred to solid waste goal B.1, “Investigate the requirement for city-wide mandatory garbage collection, combined with recycling services.” Mr. Williams responded typically in dense urban environment mandatory service of some type service would be expected. It could be a very Packet Page 6 of 312 reduced service; many cities have a mini can rate to make the service very affordable, but no one has the option of not having garbage service. Not having garbage service often leads to code enforcement issues, hoarding, odors, vermin, etc. To avoid those issues it is worthwhile to re-examine whether there should be a mandatory service level for solid waste similar to water and sewer. Councilmember Bloom referred to Storm and Surface Water Management Goal A which includes “preserve and enhance critical areas” and asked if there would be a definition of enhance critical areas. Ms. Hope answered probably not in the Comprehensive Plan. Other sections talk about enhancing critical area and the code and code update will also address it. Councilmember Bloom asked if there would be reference to the definition. Ms. Hope advised types of enhancement could be referenced. Councilmember Petso requested staff take a second look at Solid Waste Goal C.1 which states the City will continue the Waste Prevention and Recycling Program. She recalled that program was jointly funded with another jurisdiction and has significant budgetary implications. She preferred to change “the” Waste Prevention and Recycling Program to “a” program to provide some budget flexibility and so that a Comprehensive Plan amendment would not be required. Councilmember Buckshnis suggested clarifying Solid Waste Goal 3.D, “Establish a city-wide Buy Recycled policy.” Ms. Hope suggested changing “establish” to “consider” in that goal and some others. Mr. Williams clarified the intent of city-wide was City government wide; City facilities and operations would have a policy regarding purchasing choices. Mayor Earling opened the public participation portion of the public hearing. There was no one present who wished to provide testimony and Mayor Earling closed the public hearing. Mayor Earling advised Council review of the draft Utilities Element is scheduled on next week’s study session. He encouraged Councilmembers to submit questions to staff prior to the study session. 7. PUBLIC HEARING AND POTENTIAL ACTION ON DRAFT ORDINANCES TO CONSOLIDATE AND MODIFY ANIMAL REGULATIONS Development Services Director Shane Hope recalled the City Council had a study session last week to review the proposed changes. The Planning Board reviewed the ordinances and recommend approval. Assistant Chief of Police Lawless recalled he reviewed the proposed changes with Council at last week’s study session and described the intent of the changes to consolidate all animal regulations in a single place. The packet also includes responses to questions the Council raised at the January 27 meeting. Council President Fraley-Monillas said it appears in reading the ordinance, the same regulations apply if an animal barks for 20 minutes in an hour at night and or during the day. ACOP Lawless agreed, explaining other portions of the noise ordinance address hours. The goal was to keep things as consistent as possible in applying the ordinance as it relates to hours, fines, etc. Council President Fraley-Monillas said there is a difference between noises at night and during the day because of the potential to disturb sleep. Councilmember Buckshnis relayed she spoke with Dr. Bernstein at lengthy about his issue. She noted a neighbor could call the police for a dog barking intermittently for 20 minutes or continuously for 10 minutes. Councilmember Petso referred to staff’s suggestion to delete “within one hour” as it applied to intermittent barking. She asked whether that would allow intermittent barking of 20 minutes to be potentially actionable whether it occurred within one hour or not. ACOP Lawless said that was correct. Packet Page 7 of 312 Mayor Earling opened the public participation portion of the public hearing. Gerald Bernstein, Edmonds, said this was an opportunity to balance the rights of pet owners and their neighbors. He spoke in favor of the proposal, but pointed out a problem in Section 5.05.115, allowing dogs to bark 10 minutes continuously or 20 minutes intermittently. He recognized all dogs bark and they should but 10-20 minutes of howling, yelping, whining, crying, screaming was very intrusive and interferes with the neighbors’ ability to enjoy their homes. A reasonable solution would be to define what constitutes barking, howling and yelping. That would allow everyone to enjoy their pets and their environment without intrusion and in peace and tranquility. He provided a recording of dogs barking at 9:45 p.m. He summarized continuous howling and barking was not the same as a dog occasionally barking. Alvin Rutledge, Edmonds, suggested contacting the King County Sheriff and Shoreline who have experienced barking problems in neighborhoods where dogs bark at all hours. Hearing no public comment, Mayor Earling closed the public participation of the public hearing. Council President Fraley-Monillas referred to the Dr. Bernstein’s recording of dogs barking and asked how the policy addressed that sort of ruckus occurring during the night. ACOP Lawless referred to Section 5.05.115.B.5, “Any animal which howls, yelps, whines, barks or makes any noises in such a manner as to disturb any person or neighborhood to an unreasonable degree, taken to be continuous noise for a period of ten (10) or more minutes or intermittent noise that totals a period of twenty (20) or more minutes in one (1) hour…” He explained there is a common understanding of howl, yelp, win and bark; other sounds are addressed by the language “any noise in such a manner.” With regard to the length of time, he pointed out that is an “or” statement, a situation does not need to meet both thresholds. The goal is to address situations that occur throughout the City, not just one particular situation or neighborhood and to balance the regulations with the rights of dog owners. Several other jurisdictions’ ordinances were researched in the process of drafting the proposed language and staff worked closely with the City Attorney’s office to develop language that works for pet owners and the neighbors as well as is enforceable and pass judicial muster and not be so ambiguous as to be overthrown. Council President Fraley-Monillas asked how the excessiveness of the barking is determined, recognizing an officer may not be able to stay at a home waiting for a dog to bark. She asked whether a citizen needed to make a recording. ACOP Lawless answered it will be situational; sometimes when officers arrive, the dogs are still barking. Ninety-nine percent of the time knocking on the neighbor’s door and telling them their dogs are disturbing the neighbor is effective. Unfortunately there are certain situations where that does not work. Citizens have made recordings which would provide evidence. Council President Fraley-Monillas asked whether the proposed language would tighten up the code regarding what is considered a nuisance. ACOP Lawless answered yes. Council President Fraley- Monillas asked whether a citizen should make a recording of an animal making excessive noise before calling the police. ACOP Lawless agreed a recording would be beneficial. Animal control officers handle the majority of these calls as officers are handling emergencies. Animal control may have more time to observe and hear the noise before taking enforcement action. The current code does not afford that opportunity; the revisions will. Councilmember Buckshnis recalled the Council discussed the keeping of poultry and covered animals at the study session. She referred to Resolution 3655 and asked whether that language will need to be rescinded. ACOP Lawless answered no, that is old language; the definition of poultry still remains. Packet Page 8 of 312 COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCIL PRESIDENT FRALEY- MONILLAS, TO APPROVE ORDINANCE NO. 3988, (ATTACHMENT 1), AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING EDMONDS CITY CODE CHAPTERS 5.05 , 5.30, 16.20, 16.30 AND 17.35, TO CONSOLIDATE EDMONDS CITY CODE SECTIONS DEALING WITH ANIMAL CONTROL INTO CHAPTER 5.05, TO AMEND THE ANIMAL NOISE PROVISION OF SECTION 5.05.115, AND TO AMEND THE SYSTEM OF PENALTIES FOR VIOLATIONS OF SECTION 5.05.115; PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE. COUNCILMEMBER PETSO MOVED, SECONDED BY COUNCILMEMBER BLOOM, TO AMEND THE MOTION TO REMOVE “WITHIN ONE HOUR” FROM SECTION 5.05.115.B.5. Councilmember Petso explained when the citizen email was forwarded to staff, ACOP Lawless suggested one possible way to tighten the concern about intermittent barking was to delete “within one hour” so that intermittent barking that occurred over 70 minutes would still be considered a nuisance and enforcement could be pursued. ACOP Lawless explained one of concerns with the “within one hour” language was when the hour starts. Councilmember Bloom expressed concern with the removal of “within one hour” as there would be no limit. ACOP Lawless agreed there could be a concern with not having a time period for intermittent. The one hour language was found in other jurisdictions’ ordinances. Councilmember Petso was not concerned about not specifying a time period as she doubted anyone would complain if a dog barked intermittently for 20 minutes over a 2 week period. Councilmember Buckshnis commented a dog typically is a problem or not. It is obvious in talking with Dr. Bernstein that he has a problem neighbor. Most people get upset with a dog’s continuous barking, even dog owners. If a dog is continuously barking, there is something wrong with the dog or the situation. Councilmember Bloom thanked Councilmembers for their clarifications as she does not have a dog or a barking dog in her neighborhood. AMENDMENT CARRIED (5-1), COUNCILMEMBER JOHNSON VOTING NO. MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY. COUNCILMEMBER PETSO MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO APPROVE ORDINANCE NO. 3989 (ATTACHMENT 2), AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING EDMONDS CITY CODE 5.30 TO DEFINE “FREQUENT, REPETITIVE OR INTERMITTENTLY CONTINUOUS” IN SECTION 5.30.020, TO AMEND LANGUAGE REGARDING CITIZEN COMPLAINTS IN SECTION 5.30.140, AND TO AMEND THE SYSTEM OF PENALTIES FOR VIOLATIONS OF CHAPTER 5.30 IN SECTION 5.30.150; PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER PETSO, TO AMEND ITEM E TO REMOVE “IN ONE HOUR.” MOTION CARRIED (5-1), COUNCILMEMBER JOHNSON VOTING NO. MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY. 8. DISCUSSION AND POTENTIAL ACTION ON AN ORDINANCE AMENDING THE 2015 BUDGET FOR CARRYFORWARD ITEMS PREVIOUSLY DISCUSSED AND APPROVED BY COUNCIL DURING THE 2014 BUDGET YEAR Packet Page 9 of 312 Finance Director Scott James reviewed the proposed Carryforward Budget Amendment: • 2015 Carryforward Budget Amendment is for items not completed in 2014 • 27 decision packages describing each carryforward item • The Carryforward Budget Amendment will roll the unexpended 2014 budget into the 2015 budget • All items were previously approved by Council He summarized the 2015 Carryforward Budget Amendments: • Revenues increased $1,198,124 • Expenditures increased $3,558,360 • Ending fund balance decreased $0 Mr. James recommended Council approval of the 2015 Carryforward Budget Amendment. Mayor Earling advised there is one amendment that was not included in packet. Mr. James explained not all the information was finalized in time to bring it to Council as part of this amendment. The amendment is related to the Pavement Preservation Program. Last year staff anticipated spending $940,000 in 2014; approximately $194,000 was left over. That amendment will be presented to the Council at next week’s study session. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER JOHNSON TO APPROVE ORDINANCE NO. 3990, AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING ORDINANCE NO. 3985 AS A RESULT OF UNANTICIPATED TRANSFERS AND EXPENDITURES OF VARIOUS FUNDS, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. MOTION CARRIED UNANIMOUSLY. 9. POTENTIAL ACTION ON EXECUTION OF GROWING TRANSIT COMMUNITIES COMPACT AND APPOINTMENT OF COMMITTEE REPRESENTATIVE Development Services Director Shane Hope recalled the Council recently reviewed information related to Growing Transit Communities (GTC) Program, a regional program that operates through the Puget Sound Regional Council (PSRC), comprised of cities, counties, agencies and organizations to work on implementing over a longer term a GTC strategy. The GTC strategy is a plan in a broad sense of how to provide for better transit access, make areas were transit is an option more walkable, etc. A lot of work has already been done; Edmonds did not participate initially because the focus in the early stage was communities with a planned light rail stations. Joining the GTC compact is a nonbinding, good faith agreement to carry forward some of the goals. There is a great deal of opportunity for individual community decisions and it is not a mandate for planning for transit but recognizing opportunities for transit in the future. By signing onto the GTC compact, the City is able to be a voting member on the committee. She recommended the Council authorize the Mayor to sign the GTC Compact and appoint a representative and alternate to the Regional Transit-Oriented Development Advisory Committee. The next meeting is February 6. COUNCILMEMBER JOHNSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO AUTHORIZE THE MAYOR TO SIGN THE GROWING TRANSIT COMMUNITIES COMPACT. MOTION CARRIED UNANIMOUSLY. Council President Fraley-Monillas requested any Councilmembers interested in serving contact her and she will provide that information to Ms. Hope tomorrow. Packet Page 10 of 312 10. DISCUSSION ON POTENTIAL UPDATE OF COUNCIL VACANCY INTERVIEWS AND APPOINTMENT PROCESS Council President Fraley-Monillas explained she developed the proposed process using Council consensus from the previous study session. She reviewed the Candidate Interview and Voting Process in Attachment 1: Prior to the Interview Meeting: Staff will provide either a paper or electronic copy of all application materials for each candidate, along with a list of candidates and their interview times. At least 2 business days prior to the scheduled interview meeting, Councilmembers will submit two questions each to the Council President, who may also submit a question for a total of 12 questions. Process to determine the interview order of candidates The applicants’ order of appearance is determined by random selection by the Council Executive Assistant and City Clerk. Council may call applicants with independent questions prior to interview. Councilmember Bloom asked the rationale for submitting two questions in advance. She recalled when the Council interviewed over 20 candidates last time, Councilmembers were good about stating the same question each time. Council President Fraley-Monillas answered it was so everyone would have an opportunity to ask questions. During the last process former Councilmember Peterson and she felt some Councilmembers asked numerous questions and other Councilmembers did not have time to ask questions. This process allows everyone to participate. If Councilmembers have questions for individual candidates, those can be asked as time permits. Councilmembers are encouraged to contact applicants with independent questions. Councilmember Bloom asked if the intent was a questionnaire that would be submitted to candidates prior to the interview. Council President Fraley-Monillas answered no, the candidates had already answered a questionnaire. This would be a list of questions provided to each Councilmember for the purpose of asking questions during the interview. Councilmember Bloom did not recall that was a problem during the last interviews. She understood the rationale for having questions well-formed and stating the same question each time but did not understand why they needed to be submitted prior to the interviews. Council President Fraley-Monillas reiterated it was to give everyone an opportunity. In response to Councilmember Bloom’s question, Councilmember Mesaros said it would be helpful to know what questions other Councilmembers plan to ask so Councilmembers did not ask the same question. Council President Fraley-Monillas did not understand the objection to submitting questions. Councilmember Bloom explained she spends a lot of time forming the questions she most wants answered. She did not think there would be duplicate questions. Councilmember Buckshnis remarked there were no duplicate questions last time. Councilmember Bloom commented even when there are duplicate questions on the same issue, Councilmembers ask in different ways because Councilmembers have different interests. She saw no reason for having a questionnaire prepared in advance. The Council is considering not taping the interviews to prevent applicants from watching in advance and being prepared. Not having a list of questions prepared in advance protects the privacy of questions. Council President Fraley-Monillas clarified she did not say Councilmembers would get the list of questions in advance. Her intent was to distribute the questions the evening interviews are conducted. Former Councilmember Peterson and she were attempting to address the problem with the process that resulted in 57 votes last time. She recommended giving this proposal a try. Packet Page 11 of 312 Councilmember Petso requested the following wordsmithing which was acceptable to the Council: • At least 2 business days prior to the scheduled interview meeting, Councilmembers will submit two questions each to the Council President, who may also submit a two questions for a total of 12 questions. • Council may call contact applicants with independent questions prior to interview. Councilmember Johnson suggested deleting the sentence, “Council may contact applicants with independent questions prior to interview,” finding it an unnecessary statement. Councilmember Buckshnis said it was common sense that Councilmember would contact applicants. Councilmember Petso clarified no one would object if she met with and/or emailed candidates. It was the consensus of the Council to delete the sentence. Councilmember Bloom reserved her right not to submit questions in advance. Councilmember Johnson did not think it was necessary to submit questions in advance. COUNCILMEMBER BLOOM MOVED, SECONDED BY COUNCILMEMBER JOHNSON, TO REMOVE THE SENTENCE RELATED TO SUBMITTING QUESTIONS IN ADVANCE. COUNCILMEMBER MESAROS OFFERED A FRIENDLY AMENDMENT WHICH WAS AGREEABLE TO COUNCILMEMBER BLOOM AND COUNCILMEMBER JOHNSON, TO CHANGE THE SENTENCE TO READ “…COUNCILMEMBERS WILL MAY SUBMIT TWO QUESTIONS…” MOTION CARRIED UNANIMOUSLY. Council President Fraley-Monillas reviewed Attachment 1, page 2 and Councilmembers made revisions as follows: Open Public Interview Meeting: For fair and open process the interviews will not be live streamed but will be played after interviews are completed. Interviews for a vacant City Council position will be conducted in an open public meeting. Each interview of an applicant/candidate will be no longer than 40 minutes in length as follows: 1. Only the applicant being interviewed will be allowed in Council chambers; the other applicants will be may waiting in an area to be determined by the City Clerk. After completing their interview, each applicant may remain in Council Chambers. 2. The applicant may make an opening statement to the City Council. 3. The City Council will ask a predetermined set of questions which must be responded to by the applicant. Each applicant will be asked and will answer the same set of questions. 4. After pre-determined questions are asked, and as time permits, Councilmembers may engage in an informal question and answer period in which they may ask and receive answers to miscellaneous questions. (each councilmember will ask question and applicant will have 2 minutes for response) 5. Applicant will have the opportunity for a closing statement. 6. The City Council may reduce the 40 minute interview time if the number of applicants exceeds six (6) candidates, or alternatively, the Council may elect not to interview all of the applicants if the number exceeds six (6) candidates. The decision as to which applicants to interview will be based on the information contained in the application and/or supporting materials, which may include endorsements, letters of reference, etc. 7. At the conclusion of the interviews, the City Council may adjourn into an Executive Session to discuss the qualifications of the applicants. However, all interviews, deliberations, nominations and votes taken by the City Council shall be in an open public session. Packet Page 12 of 312 Councilmember Buckshnis expressed concern with the wording of Paragraph 7, suggesting the Council may wish to adjourn to executive session on another day. Council President Fraley-Monillas said the intent was to explain the Council could adjourn into executive session. City Attorney Jeff Taraday said the Council could adjourn into executive session at the conclusion of the interviews or at another time. Councilmember Johnson commented there is no privilege afforded the Council for the discussion in executive session. Mr. Taraday clarified there is no Public Records Act exemption the covers the notes taken in such an executive session. Council President Fraley-Monillas reviewed Attachment 1, page 3: Executive Session The City Attorney should facilitate the discussion of determining each candidate’s strengths and weaknesses to determine qualifications. Councilmembers may share their individual rankings of candidates. The Council shall not conduct any straw polls or voting during the Executive Session. At the completion of the discussion, Council adjourns the Executive Session and reconvenes the public meeting. Councilmember Johnson was not comfortable with Councilmembers sharing individual ranking of candidates during the Executive Session as that seems to contradict straw poll or voting during the Executive Session. Mr. Taraday agreed that was a fair point; the Council can use the Executive Session to point out candidates’ strengths and candidates they found particularly qualified without providing ranking. It was agreed to delete that sentence. Council President Fraley-Monillas began reviewing Reconvening the Public Open Meeting for Voting – Option A. 1. Each Councilmember shall submit a signed written ballot nominating their top five candidates to the City Clerk. Once all ballots are submitted, the Clerk will read aloud the Councilmember’s name and their selections. The Council will, by consensus, agree to eliminate 5 candidates receiving the fewest votes. Councilmember Petso recalled there was not a consensus at the study session to use this process. She was opposed to this form of voting, recalling she provided the City Attorney selection process as an example where the Council began eliminating firms and reached a point where Councilmembers were required to choose between Lighthouse and Ogden Murphy Wallace only to find a significant number preferred the third choice. She preferred Option B. Councilmember Buckshnis preferred Option B, recalling Councilmember Mesaros was not one of the top 5 candidates. Councilmember Bloom strongly supported Option B. She did not agree with limiting Councilmembers to the top 5 candidates as there may be less than 5 top candidates. This process is different than the last time as there are only 10 candidates to interview this time. It was the consensus of the Council to utilize Rules for Nomination/Election to Fill Council Vacancy (current rules) - Option B. Council President Fraley-Monillas reviewed Option B: Nominations Each Councilmember may nominate one candidate from the list of applicants by placing an “X” beside the name of the applicant of his or her choice on the form supplied for that purpose by the City Clerk, and by signing the nomination form. The City Clerk will announce and maintain a permanent record of the nominations and of the Councilmember nominating each candidate. Packet Page 13 of 312 The Election Each Councilmember may vote for one candida t e by placing an “X” beside the name of the candidate of his or her choice on the ballot supplied for that purpose by the City Clerk, and by signing the ballot. The City Clerk will announce and maintain a permanent record of each ballot and who voted for each candidate. A Deadlock A deadlock occurs after each Councilmember votes the same way on three consecutive ballots. In the event the City Council should deadlock, then previous nominations are declared null and void and the Council may begin a new round of nominations. • Nothing in this policy shall prevent the City Council from reconvening into Executive Session to further discuss the applicant/candidate qualifications. • The Mayor shall declare the nominee receiving the majority vote as the new Councilmember and he or she shall be sworn into office by the City Clerk at the earliest opportunity or no later than the next regularly scheduled City Council meeting and will complete the unexpired term for the Position. • If the City Council does not appoint a qualified person to fill the vacancy within 90 days of the declared vacancy, the Revised Code of Washington delegates appointment powers to Snohomish County. (RCW 42.12.070(4)) At Mr. Taraday suggestion, the Council agreed to delete the above three bullets as they are matters of State law. Council President Fraley-Monillas summarized there are 10 applicants; 2 interview dates have been scheduled, February 17 and 18; and deliberations are scheduled on March 3. There are other items scheduled on the February 17 agenda. Councilmember Mesaros preferred to do all interviews in one evening. He suggested 30 minute interviews starting at 5:00 p.m. on February 17 would only take 2½ hours. Council President Fraley- Monillas suggested 30 minutes did not allow much time for questions and answers or opening/closing. She preferred 40 minute interviews on 2 days. Councilmember Bloom also preferred to conduct all the interviews on one day. If the interviews are conducted on two days, she did not support allowing candidates to sit in on other interviews when they have completed their own. Council President Fraley-Monillas observed 30 minute interviews for 10 applicants would take 5 hours. As there is other business on the February 17 agenda, Councilmember Petso suggested having 4 interviewing on February17 and 6 on February 18. Councilmember Johnson recalled when she was appointed the interviews were 30 minutes which seemed sufficient. Councilmember Mesaros recalled the interviews were 30 minutes last time. Council President Fraley-Monillas advised 30 minute interviews would only allow Councilmembers 5 minutes for questions and answers and no time for the candidates to make opening and closing statements. Councilmember Buckshnis observed some people talk a lot. She suggested 40 minute interviews in 2 nights or 30 minute interviews in 1 night. She preferred to conduct all the interviews one day even if it was a Saturday. Council President Fraley-Monillas preferred 40 minute interviews. She said interviews on two nights had already been advertised and could not be changed. Packet Page 14 of 312 It was the consensus of the Council to conduct 40 minutes with 4 interviews on February 17 beginning at 5:00 p.m. and 6 interviews on February 18 beginning at 6:00 p.m. City Clerk Scott Passey pointed out the Court will be using the room until 4:30 p.m. on February 18. COUNCIL PRESIDENT FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER MESAROS, TO DO 40 MINUTE INTERVIEWS ON FEBRUARY 17 AND 18 AS HAS BEEN PUBLISHED AT A TIME THAT MEETS WITH THE COURT AND COUNCIL. Councilmember Bloom reiterated her preference to conduct all the interviews on one night. She felt that could be accomplished with 30 minute interviews, particularly with Councilmembers contacting candidates prior to the interviews. Councilmember Johnson agreed. MOTION ENDED IN A TIE VOTE (3-3), AND THE MOTION FAILED. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER JOHNSON, TO DO 30 MINUTE INTERVIEWS OF ALL CANDIDATES ON FEBRUARY 17. MOTION CARRIED UNANIMOUSLY. Council President Fraley-Monillas asked if the interviews could be changed to one night when it has already been advertised that they will be held on two nights. Mr. Taraday answered yes, this is the Council’s process. Councilmember Johnson asked whether former Councilmember Peterson and Council President Fraley- Monillas had discussed how to avoid 30-50+ ballots. Council President Fraley-Monillas answered the method they proposed was intended to streamline the previous process but the Council chose to use the current process. 11. MAYOR'S COMMENTS Mayor Earling reminded of his State of City Address on February 12 at 8:30 a.m. in the Edmonds Theater. There will be two guest presenters, Diana White, President of the Edmonds School Board; and Rick Steves, a prominent business owner. 12. COUNCIL COMMENTS Student Rep Eslami thanked the Council for their discussion regarding the voting process; he enjoyed watching it. He was bummed the Seahawks lost. Councilmember Bloom asked when Council Committee Reports would be on the agenda. She recalled it had been scheduled on the last Council meeting of the month. Council President Fraley-Monillas said she will work with the City Clerk. Councilmember Buckshnis suggested Mayor Earling be out of town and on vacation for the Super Bowl like he was last year. Councilmember Johnson advised the February 25 open house for the Comprehensive Plan at City Hall will include the preliminary transportation report for the SR 104 study at Westgate. Councilmember Mesaros commented it was disheartening to watch the Seahawks game on TV. On his flight from Phoenix this morning, a majority of passengers attended the Super Bowl and were also disheartened. Packet Page 15 of 312 Council President Fraley-Monillas commented she spent the Super Bowl in San Francisco with 49er fans. The Super Bowl will be held in San Francisco next year and she has already reserved a room. Her flight this morning was also full of Seahawk fans and was not a joyful flight. 13. CONVENE IN EXECUTIVE SESSION REGARDING PENDING OR POTENTIAL LITIGATION PER RCW 42.30.110(1)(i) This item was not needed. 14. RECONVENE IN OPEN SESSION. POTENTIAL ACTION AS A RESULT OF MEETING IN EXECUTIVE SESSION This item was not needed. 15. ADJOURN With no further business, the Council meeting was adjourned at 8:37 p.m. Packet Page 16 of 312    AM-7472     4. B.              City Council Meeting Meeting Date:02/10/2015 Time:Consent   Submitted For:Scott James Submitted By:Nori Jacobson Department:Finance Review Committee: Committee Action:  Type: Action  Information Subject Title Approval of claim checks #212723 through #212836 dated February 5, 2015 for $406,731.29. Approval of payroll direct deposit and checks #61480 through #61489 for $499,411.09, benefit checks #61490 through #61500 and wire payments of $439,268.90 for the pay period January 16, 2015 through January 31, 2015. 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:2015 Revenue: Expenditure:1,345,411.28 Fiscal Impact: Claims $406,731.29 Payroll Employee checks and direct deposit $499,411.09 Payroll Benefit checks and wire payments $439,268.90 Total Payroll $938,679.99 Attachments Claim cks 02-05-15 Project Numbers 02-05-15 Payroll Summary 01-31-15 Packet Page 17 of 312 Payroll Summary 01-31-15 Payroll Benefit 01-31-15 Form Review Inbox Reviewed By Date Finance Scott James 02/05/2015 11:57 AM City Clerk Scott Passey 02/05/2015 12:02 PM Mayor Dave Earling 02/05/2015 12:58 PM Finalize for Agenda Scott Passey 02/05/2015 01:02 PM Form Started By: Nori Jacobson Started On: 02/05/2015 10:12 AM Final Approval Date: 02/05/2015  Packet Page 18 of 312 02/05/2015 Voucher List City of Edmonds 1 9:49:05AM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 212723 2/5/2015 072627 911 ETC INC 31025 MONTHLY 911 DATABASE MAINT Monthly 911 database maint 001.000.31.518.88.48.00 100.00 Total :100.00 212724 2/5/2015 070322 A&A LANGUAGE SERVICES INC 13-23511 INTERPRETER FEE INTERPRETER FEE 001.000.23.512.50.41.00 130.00 INTERPRETER FEE13-24583 INTERPRETER FEE 001.000.23.512.50.41.01 65.00 Total :195.00 212725 2/5/2015 068657 ACCOUNTEMPS 42219673 TEMPORARY HELP FINANCE DEPT WEEK ENDING Temporary help week ending 1/23/15 - C 001.000.31.514.23.41.00 1,351.16 Total :1,351.16 212726 2/5/2015 068201 ACTIVE NETWORK INC 4100104671 P&R 2015 SUPPORT/MAINT FOR CLASS P&R 2015 SUPPORT/MAINT FOR CLASS 001.000.64.571.22.48.00 10,799.97 9.5% Sales Tax 001.000.64.571.22.48.00 1,025.98 Total :11,825.95 212727 2/5/2015 064615 AIR COMPRESSOR SERVICE 41222 WWTP - REPAIR/MAINTENANCE, MECHANICAL service with parts on HV15RS(B601) 423.000.76.535.80.48.21 383.75 9.5% Sales Tax 423.000.76.535.80.48.21 36.45 Total :420.20 212728 2/5/2015 075145 ALLSTAR HEATING AND AIR COND Bus Lic Refund DUPLICATE PAYMENT NON-RES BUSINESS LICEN Non-Resident Business License refund - 001.000.257.310 50.00 1Page: Packet Page 19 of 312 02/05/2015 Voucher List City of Edmonds 2 9:49:05AM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :50.002127282/5/2015 075145 075145 ALLSTAR HEATING AND AIR COND 212729 2/5/2015 073626 ALPHA ECOLOGICAL 2499659 PS - Bi Mo Maint Agreement PS - Bi Mo Maint Agreement 001.000.66.518.30.48.00 108.41 Total :108.41 212730 2/5/2015 001375 AMERICAN PLANNING ASSOCIATION 264703-1514 APA MEMBERSHIP FOR DOHERTY 2015 APA membership dues for 2015 for 001.000.61.557.20.49.00 438.00 Total :438.00 212731 2/5/2015 071491 ANDERSON SPECIALTIES LLC 8005 Plaza - Safety Post Plaza - Safety Post 001.000.66.518.30.31.00 295.00 9.5% Sales Tax 001.000.66.518.30.31.00 28.03 Total :323.03 212732 2/5/2015 069751 ARAMARK UNIFORM SERVICES 1987843228 WWTP - UNIFORMS, MATS & TOWELS uniforms 423.000.76.535.80.24.00 3.80 mats & towels 423.000.76.535.80.41.11 74.16 9.5% Sales Tax 423.000.76.535.80.24.00 0.36 9.5% Sales Tax 423.000.76.535.80.41.11 7.05 PARKS MAINT UNIFORM SERVICE1987843229 PARKS MAINT UNIFORM SERVICE 001.000.64.576.80.24.00 37.02 Total :122.39 212733 2/5/2015 070305 AUTOMATIC FUNDS TRANSFER 79309 OUT SOURCING OF UTILITY BILLS UB Outsourcing area #300 Printing 422.000.72.531.90.49.00 151.15 2Page: Packet Page 20 of 312 02/05/2015 Voucher List City of Edmonds 3 9:49:05AM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 212733 2/5/2015 (Continued)070305 AUTOMATIC FUNDS TRANSFER UB Outsourcing area #300 Printing 421.000.74.534.80.49.00 151.15 UB Outsourcing area #300 Printing 423.000.75.535.80.49.00 155.74 UB Outsourcing area #300 Postage 421.000.74.534.80.42.00 549.93 UB Outsourcing area #300 Postage 423.000.75.535.80.42.00 549.92 9.5% Sales Tax 422.000.72.531.90.49.00 14.36 9.5% Sales Tax 421.000.74.534.80.49.00 14.36 9.5% Sales Tax 423.000.75.535.80.49.00 14.79 Total :1,601.40 212734 2/5/2015 069076 BACKGROUND INVESTIGATIONS INC COE0115 Pre-Employment background checks Pre-Employment background checks 001.000.22.518.10.41.00 50.00 Total :50.00 212735 2/5/2015 002100 BARNARD, EARL 5 LEOFF 1 Medical Reimbursement LEOFF 1 Medical Reimbursement 617.000.51.517.20.23.00 1,468.60 Total :1,468.60 212736 2/5/2015 071348 BERGERABAM 309226 Fishing Pier - Pro Svcs - Design Fishing Pier - Pro Svcs - Design 016.000.66.518.30.41.00 8,823.35 Total :8,823.35 212737 2/5/2015 074307 BLUE STAR GAS 220307 Unit 455 - Repairs Unit 455 - Repairs 511.000.77.548.68.48.00 129.55 9.5% Sales Tax 3Page: Packet Page 21 of 312 02/05/2015 Voucher List City of Edmonds 4 9:49:05AM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 212737 2/5/2015 (Continued)074307 BLUE STAR GAS 511.000.77.548.68.48.00 12.31 Fleet Auto Propane 350.5 Gal3317 Fleet Auto Propane 350.5 Gal 511.000.77.548.68.34.12 308.62 Fleet Auto Propane 317.4 Gal3341 Fleet Auto Propane 317.4 Gal 511.000.77.548.68.34.12 280.28 Fleet Auto Propane 252.1 Gal3364 Fleet Auto Propane 252.1 Gal 511.000.77.548.68.34.12 198.59 Total :929.35 212738 2/5/2015 067391 BRAT WEAR 13950 INV#13950 - EDMONDS PD - PLOEGER S/S TRADITIONAL SHIRTS 001.000.41.521.22.24.00 118.00 NAME TAGS - GOLD 001.000.41.521.22.24.00 16.00 TRADITIONAL PANTS 001.000.41.521.22.24.00 178.00 9.5% Sales Tax 001.000.41.521.22.24.00 29.64 INV#13951 - EDMONDS PD - MOORE13951 S/S TRADITIONAL SHIRT 001.000.41.521.22.24.00 59.00 NAME TAGS FOR SHIRTS 001.000.41.521.22.24.00 16.00 TRADITIONAL PANTS 001.000.41.521.22.24.00 178.00 9.5% Sales Tax 001.000.41.521.22.24.00 31.83 S/S CONTEMPORARY SHIRT 001.000.41.521.22.24.00 82.00 INV#13994 - EDMONDS PD - LAWLESS13994 L/S TRASITIONAL SHIRT 001.000.41.521.10.24.00 64.00 4Page: Packet Page 22 of 312 02/05/2015 Voucher List City of Edmonds 5 9:49:05AM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 212738 2/5/2015 (Continued)067391 BRAT WEAR S/S TRADITIONAL SHIRT 001.000.41.521.10.24.00 59.00 S/S CONTEMPORARY SHIRT 001.000.41.521.10.24.00 82.00 NAME TAGS - GOLD 001.000.41.521.10.24.00 16.00 EMBROIDERED COLLAR BRASS (GOLD) 001.000.41.521.10.24.00 20.00 TRADITIONAL PANTS 001.000.41.521.10.24.00 178.00 9.5% Sales Tax 001.000.41.521.10.24.00 39.81 INV#13995 - EDMONDS PD - MACK13995 L/S TRADITIONAL SHIRT 001.000.41.521.71.24.00 64.00 L/S CONTEMPORARY SHIRT 001.000.41.521.71.24.00 89.00 NAME TAG 001.000.41.521.71.24.00 8.00 TRADITIONAL PANTS 001.000.41.521.71.24.00 178.00 CONTEMP SUMMER PANTS 001.000.41.521.71.24.00 130.00 DUTY JACKET/FLEECE LINER 001.000.41.521.71.24.00 375.00 9.5% Sales Tax 001.000.41.521.71.24.00 80.18 INV#13996 - EDMONDS PD - HAUGHIAN13996 L/S TRADITIONAL SHIRT 001.000.41.521.22.24.00 64.00 S/S CONTEMPORARY SHIRT 001.000.41.521.22.24.00 82.00 NAME TAG 001.000.41.521.22.24.00 8.00 5Page: Packet Page 23 of 312 02/05/2015 Voucher List City of Edmonds 6 9:49:05AM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 212738 2/5/2015 (Continued)067391 BRAT WEAR TRADITIONAL PANTS 001.000.41.521.22.24.00 178.00 DUTY JACKET W/ FLEECE LINER 001.000.41.521.22.24.00 375.00 9.5% Sales Tax 001.000.41.521.22.24.00 67.17 INV#13997 - EDMONDS PD - BORST13997 L/S TRADITIONAL SHIRT 001.000.41.521.22.24.00 64.00 S/S CONTEMPORARY SHIRT 001.000.41.521.22.24.00 82.00 NAME TAG 001.000.41.521.22.24.00 8.00 TRADITIONAL PANTS 001.000.41.521.22.24.00 178.00 DUTY JACKET W/FLEECE LINER 001.000.41.521.22.24.00 375.00 9.5% Sales Tax 001.000.41.521.22.24.00 67.17 INV#13998 - EDMONDS PD - SPEER13998 DUTY JACKET W/FLEECE LINER 001.000.41.521.22.24.00 375.00 9.5% Sales Tax 001.000.41.521.22.24.00 35.63 Total :4,050.43 212739 2/5/2015 073029 CANON FINANCIAL SERVICES 14558741 CANON COPIER CHARGES Canon copier charges for C5051 001.000.61.557.20.45.00 83.35 Canon copier charges for C5051 001.000.22.518.10.45.00 83.35 Canon copier charges for C5051 001.000.21.513.10.45.00 83.29 9.5% Sales Tax 6Page: Packet Page 24 of 312 02/05/2015 Voucher List City of Edmonds 7 9:49:05AM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 212739 2/5/2015 (Continued)073029 CANON FINANCIAL SERVICES 001.000.61.557.20.45.00 7.92 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 WWTP - COPIER RENTAL14558742 Copier Rental - January 2015 423.000.76.535.80.45.41 85.80 Total :359.54 212740 2/5/2015 071816 CARLSON, JESSICA 19581 ADVENTURES IN 19581 ADVENTURES IN DRAWING INSTRUCTOR F 19581 ADVENTURES IN DRAWING INSTRUCTOR 001.000.64.571.22.41.00 405.63 19584 ADVENTURES IN DRAWING INSTRUCTOR F19584 ADVENTURES IN 19584 ADVENTURES IN DRAWING INSTRUCTOR 001.000.64.571.22.41.00 38.50 Total :444.13 212741 2/5/2015 069813 CDW GOVERNMENT INC RX16575 APC Smart UPS RT 6000VA Rack Twr 208 - APC Smart UPS RT 6000VA Rack Twr 208 - 001.000.31.518.87.35.00 4,305.55 Total :4,305.55 212742 2/5/2015 068484 CEMEX LLC 9430086587 Roadway - Asphalt Roadway - Asphalt 111.000.68.542.31.31.00 287.80 9.5% Sales Tax 111.000.68.542.31.31.00 27.35 Roadway - Asphalt9430094529 Roadway - Asphalt 111.000.68.542.31.31.00 288.50 9.5% Sales Tax 111.000.68.542.31.31.00 27.41 Roadway - Asphalt9430102038 Roadway - Asphalt 7Page: Packet Page 25 of 312 02/05/2015 Voucher List City of Edmonds 8 9:49:05AM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 212742 2/5/2015 (Continued)068484 CEMEX LLC 111.000.68.542.31.31.00 233.50 9.5% Sales Tax 111.000.68.542.31.31.00 22.19 Total :886.75 212743 2/5/2015 063242 CITY OF MARYSVILLE JAN 22 2015 INV JAN 22 2015 - AARON GREENMUN, EDMOND CISM - PEER TO PEER CLASS 001.000.41.521.40.49.00 30.00 Total :30.00 212744 2/5/2015 004095 COASTWIDE LABS GW2739330 PM CREW NEUTRAL DISINF CLEANER PM CREW NEUTRAL DISINF CLEANER 001.000.64.576.80.31.00 68.76 9.5% Sales Tax 001.000.64.576.80.31.00 6.53 Fac Maint - TT, SuppliesGW2741004 Fac Maint - TT, Supplies 001.000.66.518.30.31.00 279.20 9.5% Sales Tax 001.000.66.518.30.31.00 26.52 PM ACCLAIM, BOWLMOPNW2739330 PM ACCLAIM, BOWLMOP 001.000.64.576.80.31.00 232.66 9.5% Sales Tax 001.000.64.576.80.31.00 22.10 Fac Maint - Towels, Hand Soap, SafeNW2741004 Fac Maint - Towels, Hand Soap, Safe 001.000.66.518.30.31.00 224.84 9.5% Sales Tax 001.000.66.518.30.31.00 21.36 Total :881.97 212745 2/5/2015 073135 COGENT COMMUNICATIONS INC FEB-15 C/A CITYOFED00001 Feb-15 Fiber Optics Internet Connection 001.000.31.518.87.42.00 406.00 8Page: Packet Page 26 of 312 02/05/2015 Voucher List City of Edmonds 9 9:49:05AM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :406.002127452/5/2015 073135 073135 COGENT COMMUNICATIONS INC 212746 2/5/2015 065683 CORRY'S FINE DRY CLEANING JAN 2015 DRY CLEANING DEC/JAN - EDMONDS PD CLEANING/LAUNDRY DEC/JAN 2015 001.000.41.521.22.24.00 840.41 Total :840.41 212747 2/5/2015 072700 CURVATURE LLC 495881 MAINTENANCE FOR CISCO SWITCHES Maintenance for Cisco switches Item # 001.000.31.518.88.48.00 1,376.42 ASA 5510 SECURITY PLUS LICENSE FIBER ENH498608 ASA 5510 Security Plus License w/HA, 001.000.31.518.87.35.00 722.70 Total :2,099.12 212748 2/5/2015 006200 DAILY JOURNAL OF COMMERCE 3296572 RFP CITY PARK LEGAL AD CITY PARK SPRAY RFP CITY PARK LEGAL AD CITY PARK SPRAY, 125.000.64.576.80.41.40 83.60 Total :83.60 212749 2/5/2015 046150 DEPARTMENT OF LABOR & INDUSTRY 170360 City Hall - Elevator Cert Renewal City Hall - Elevator Cert Renewal 001.000.66.518.30.49.00 154.20 Total :154.20 212750 2/5/2015 064531 DINES, JEANNIE 15-3522 01/27/2015 CITY COUNCIL MINUTES 01/27/2015 City Council Minutes & 001.000.25.514.30.41.00 349.80 Total :349.80 212751 2/5/2015 068591 DOUBLEDAY, MICHAEL 01312015 STATE LOBBYIST FOR JANUARY 2015 State lobbyist for January 2015 001.000.61.557.20.41.00 4,300.00 Total :4,300.00 212752 2/5/2015 007253 DUNN LUMBER 2987067 PM SCREWS, CEDAR, HEM/FIR YOST BRIDGE RE PM SCREWS, CEDAR, HEM/FIR YOST BRIDGE 9Page: Packet Page 27 of 312 02/05/2015 Voucher List City of Edmonds 10 9:49:05AM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 212752 2/5/2015 (Continued)007253 DUNN LUMBER 001.000.64.576.80.31.00 165.09 9.5% Sales Tax 001.000.64.576.80.31.00 15.68 Total :180.77 212753 2/5/2015 007675 EDMONDS AUTO PARTS 44314 CEMETERY LUBRICANT, OIL CEMETERY LUBRICANT, OIL 130.000.64.536.50.31.00 64.43 9.5% Sales Tax 130.000.64.536.50.31.00 6.12 PM OIL44315 PM OIL 001.000.64.576.80.31.00 46.44 9.5% Sales Tax 001.000.64.576.80.31.00 4.41 Total :121.40 212754 2/5/2015 007850 EDMONDS COMMUNITY COLLEGE 5301 HORT 107 DILL 5301 HORT 107 DILL CLASS REGISTRATION 5301 HORT 107 DILL CLASS REGISTRATION 001.000.64.576.80.49.00 468.44 Total :468.44 212755 2/5/2015 008705 EDMONDS WATER DIVISION 3-01808 LIFT STATION #11 6807 157TH PL SW / METE LIFT STATION #11 6807 157TH PL SW / 423.000.75.535.80.47.10 37.77 CLUBHOUSE 6801 N MEADOWDALE RD / METER 73-03575 CLUBHOUSE 6801 N MEADOWDALE RD / METER 001.000.66.518.30.47.00 294.35 LIFT STATION #12 16100 75TH AVE W / METE3-07525 LIFT STATION #12 16100 75TH AVE W / 423.000.75.535.80.47.10 37.77 LIFT STATION #15 7701 168TH ST SW / METE3-07709 LIFT STATION #15 7701 168TH ST SW / 423.000.75.535.80.47.10 37.77 LIFT STATION #4 8313 TALBOT RD / METER 23-09350 10Page: Packet Page 28 of 312 02/05/2015 Voucher List City of Edmonds 11 9:49:05AM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 212755 2/5/2015 (Continued)008705 EDMONDS WATER DIVISION LIFT STATION #4 8313 TALBOT RD / METER 423.000.75.535.80.47.10 76.88 LIFT STATION #10 17612 TALBOT RD / METER3-09800 LIFT STATION #10 17612 TALBOT RD / 423.000.75.535.80.47.10 41.02 LIFT STATION #9 8001 SIERRA DR / METER 63-29875 LIFT STATION #9 8001 SIERRA DR / METER 423.000.75.535.80.47.10 37.77 Total :563.33 212756 2/5/2015 008812 ELECTRONIC BUSINESS MACHINES 109601 COPIER MAINT COPIER MAINT 001.000.23.523.30.48.00 116.81 P&R COPIER C5051 #A7027109613 1 P&R COPIER C5051 #A7027 001.000.64.571.21.45.00 95.64 Total :212.45 212757 2/5/2015 009350 EVERETT DAILY HERALD EDH610237 E4GA.AD SEPA DETERMINATION OF NONSIGNIF E4GA.Ad for SEPA Determination of 423.000.75.594.35.41.30 58.48 Legal Descrip: PLN 2014.0074EDH610690 Legal Descrip: PLN 2014.0074 001.000.62.558.60.41.40 70.52 Legal Descrip: PLN 2014.0072 and 73 -EDH611235 Legal Descrip: PLN 2014.0072 and 73 - 001.000.62.558.60.41.40 91.16 ORDINANCE 3987 AMEND CEMETERY BOARDEDH612058 Amending Cemetery Board Ordinance 3987 001.000.25.514.30.41.40 22.36 Legal Descrip: Port of Edmonds - ~EDH612110 Legal Descrip: Port of Edmonds - ~ 001.000.62.558.60.41.40 68.80 Total :311.32 11Page: Packet Page 29 of 312 02/05/2015 Voucher List City of Edmonds 12 9:49:05AM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 212758 2/5/2015 009895 FELDMAN, JAMES A 13115 PUBLIC DEFENDER PUBLIC DEFENDER 001.000.39.512.52.41.00 20,000.00 Total :20,000.00 212759 2/5/2015 011900 FRONTIER 253-007-4989 SEAVIEW RESERVOIR TELEMETRY CIRCUIT LINE SEAVIEW RESERVOIR TELEMETRY CIRCUIT 421.000.74.534.80.42.00 29.02 TELEMETRY CIRCUIT LINES253-012-9166 TELEMETRY CIRCUIT LINES 421.000.74.534.80.42.00 151.72 TELEMETRY CIRCUIT LINES 423.000.75.535.80.42.00 281.76 TELEMETRY CIRCUIT LINE253-014-8062 TELEMETRY CIRCUIT LINE 421.000.74.534.80.42.00 18.53 TELEMETRY CIRCUIT LINE 423.000.75.535.80.42.00 34.42 TELEMETRY CIRCUIT LINE253-017-4360 TELEMETRY CIRCUIT LINE 421.000.74.534.80.42.00 43.86 TELEMETRY CIRCUIT LINE 423.000.75.535.80.42.00 81.46 CIVIC CENTER ELEVATOR PHONE LINE425-712-8347 CIVIC CENTER ELEVATOR PHONE LINE 250 001.000.66.518.30.42.00 66.02 MEADOWDALE PRESCHOOL PHONE & PM IP425-745-5055 MEADOWDALE PRESCHOOL PHONE 001.000.64.571.29.42.00 58.33 PARKS MAINT IP LINE (10 + TAX) 001.000.66.518.30.42.00 10.95 FIRE STATION #16 ALARM AND FAX LINES425-771-0158 FIRE STATION #16 ALARM AND FAX LINES 001.000.66.518.30.42.00 128.11 LIFT STATION #2 VG SPECIAL ACCESS LINE509-022-0049 LIFT STATION #2 VG SPECIAL ACCESS LINE 12Page: Packet Page 30 of 312 02/05/2015 Voucher List City of Edmonds 13 9:49:05AM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 212759 2/5/2015 (Continued)011900 FRONTIER 423.000.75.535.80.42.00 26.02 Total :930.20 212760 2/5/2015 073922 GAVIOLA, NIKKA 19628 TAEKWON-DO 19628 TAEKWON-DO INSTRUCTOR FEE 19628 TAEKWON-DO INSTRUCTOR FEE 001.000.64.571.27.41.00 448.50 Total :448.50 212761 2/5/2015 073821 GEODESIGN INC 0115-050 E4JA.SERVICES THRU 1/23/15 E4JA.Services thru 1/23/15 421.000.74.594.34.41.10 822.90 Total :822.90 212762 2/5/2015 072515 GOOGLE INC 3165850757 BILLING ID# 5030-2931-5908 Google Apps - Jan-2015 001.000.31.518.88.48.00 438.48 Total :438.48 212763 2/5/2015 012199 GRAINGER 9639679274 Water - Supplies Water - Supplies 421.000.74.534.80.31.00 462.30 9.5% Sales Tax 421.000.74.534.80.31.00 43.92 FAC - Mounted Ball Bearings9648464130 FAC - Mounted Ball Bearings 001.000.66.518.30.31.00 216.00 9.5% Sales Tax 001.000.66.518.30.31.00 20.52 YOST POOL BOILER CHEMICAL FEEDER9648464148 YOST POOL BOILER CHEMICAL FEEDER 001.000.64.576.80.31.00 129.11 9.5% Sales Tax 001.000.64.576.80.31.00 12.26 Total :884.11 212764 2/5/2015 012560 HACH COMPANY 9199183 Water Quality - Chlorine Tester sets 13Page: Packet Page 31 of 312 02/05/2015 Voucher List City of Edmonds 14 9:49:05AM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 212764 2/5/2015 (Continued)012560 HACH COMPANY Water Quality - Chlorine Tester sets 421.000.74.534.80.31.00 613.80 Freight 421.000.74.534.80.31.00 41.37 9.5% Sales Tax 421.000.74.534.80.31.00 62.24 Total :717.41 212765 2/5/2015 074804 HARLES, JANINE 197306 PHOTOGRAPHY FOR JANUARY 2015 Photography for January 2015 001.000.61.558.70.41.00 200.00 Total :200.00 212766 2/5/2015 012900 HARRIS FORD INC 150822 Unit 679 - Solenoid, Retainer Unit 679 - Solenoid, Retainer 511.000.77.548.68.31.10 87.26 9.5% Sales Tax 511.000.77.548.68.31.10 8.29 Unit 35 - Latch151178 Unit 35 - Latch 511.000.77.548.68.31.10 49.90 9.5% Sales Tax 511.000.77.548.68.31.10 4.74 Total :150.19 212767 2/5/2015 013140 HENDERSON, BRIAN 8 LEOFF 1 Medical Reimbursement LEOFF 1 Medical Reimbursement 009.000.39.517.20.23.00 1,428.80 Total :1,428.80 212768 2/5/2015 074966 HIATT, ELLEN COE-2015_0130 COMMUNICATIONS AND MARKETING FOR TOURISM Communications and marketing consultant 120.000.31.575.42.41.00 1,000.00 Reimbursement for purchase of tourism 120.000.31.575.42.49.00 81.57 14Page: Packet Page 32 of 312 02/05/2015 Voucher List City of Edmonds 15 9:49:05AM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 212768 2/5/2015 (Continued)074966 HIATT, ELLEN Reimbursement for mileage to Visit 001.000.61.558.70.43.00 19.26 Total :1,100.83 212769 2/5/2015 074746 HIGUCHI, ROD 19557 UKELELE 19557 UKELELE INSTRUCTOR FEE 19557 UKELELE INSTRUCTOR FEE 001.000.64.571.22.41.00 343.89 Total :343.89 212770 2/5/2015 060165 HWA GEOSCIENCES INC 25652 E4JA.TO 13-06 SERVICES THRU 1/24/15 E4JA.T.O. 13-06 Services thru 1/24/15 421.000.74.594.34.41.10 916.70 Total :916.70 212771 2/5/2015 073548 INDOFF INCORPORATED 2573078 Office supplies - DSD Office supplies - DSD 001.000.62.524.10.31.00 57.37 Office Supplies - DSD2575029 Office Supplies - DSD 001.000.62.524.10.31.00 261.30 Office Supplies - DSD2575721 Office Supplies - DSD 001.000.62.524.10.31.00 177.44 Office supplies2575804 Office supplies 001.000.22.518.10.31.00 74.70 9.5% Sales Tax 001.000.22.518.10.31.00 7.10 SUPPLIES2576515 SUPPLIES 001.000.23.523.30.31.00 547.80 Total :1,125.71 212772 2/5/2015 074652 JAMIE KIM 12714 PUBLIC DEFENDER PUBLIC DEFENDER 15Page: Packet Page 33 of 312 02/05/2015 Voucher List City of Edmonds 16 9:49:05AM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 212772 2/5/2015 (Continued)074652 JAMIE KIM 001.000.39.512.52.41.00 200.00 Total :200.00 212773 2/5/2015 063493 JOHNSTONE SUPPLY 13089333-00 YOST POOL POT FEEDER YOST POOL POT FEEDER 125.000.64.576.80.31.00 769.33 Sales Tax 125.000.64.576.80.31.00 69.48 Total :838.81 212774 2/5/2015 070902 KAREN ULVESTAD 19665 DIGITAL PHOTO 19665 DIGITAL PHOTOGRAPHY INSTRUCTOR FEE 19665 DIGITAL PHOTOGRAPHY INSTRUCTOR FEE 001.000.64.571.22.41.00 44.00 Total :44.00 212775 2/5/2015 072650 KCDA PURCHASING COOPERATIVE 3878819 INV#3878819 ACCT#100828 - EDMONDS PD 10 CASES MULTI USE COPY PAPER 001.000.41.521.10.31.00 237.30 HANDLING FEE 001.000.41.521.10.31.00 55.20 9.5% Sales Tax 001.000.41.521.10.31.00 22.54 Total :315.04 212776 2/5/2015 073924 KEARNS, JESSIKA CHRISTINE 19593 TAEKWON-DO 19593 TAEKWON-DO INSTRUCTOR FEE 19593 TAEKWON-DO INSTRUCTOR FEE 001.000.64.571.22.41.00 21.50 19597 TAEKWON-DO INSTRUCTOR FEE19597 TAEKWON-DO 19597 TAEKWON-DO INSTRUCTOR FEE 001.000.64.571.22.41.00 230.00 Total :251.50 212777 2/5/2015 068711 LAWN EQUIPMENT SUPPLY 1015-149 CEMETERY REWIND SPRING CEMETERY REWIND SPRING 130.000.64.536.50.31.00 51.60 16Page: Packet Page 34 of 312 02/05/2015 Voucher List City of Edmonds 17 9:49:05AM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 212777 2/5/2015 (Continued)068711 LAWN EQUIPMENT SUPPLY 9.5% Sales Tax 130.000.64.536.50.31.00 4.90 PM FUELD FILTER, AIR FILTER, SPARKPLUGS,1015-157 PM FUELD FILTER, AIR FILTER, 001.000.64.576.80.31.00 44.10 9.5% Sales Tax 001.000.64.576.80.31.00 4.19 Total :104.79 212778 2/5/2015 074848 LONG BAY ENTERPRISES INC 2015-304 SAP IMPLEMENTATION CONSULTANT FOR JANUAR SAP implementation consultant for 001.000.61.557.20.41.00 437.50 Total :437.50 212779 2/5/2015 018980 LYNNWOOD HONDA 898471 Street - Surface Grinder Parts Street - Surface Grinder Parts 111.000.68.542.61.31.00 47.96 9.5% Sales Tax 111.000.68.542.61.31.00 4.56 PM REPOWER, FUEL, SPARK899575 PM REPOWER, FUEL, SPARK 001.000.64.576.80.31.00 86.78 9.5% Sales Tax 001.000.64.576.80.31.00 8.24 Total :147.54 212780 2/5/2015 069362 MARSHALL, CITA 1553 INTERPRETER FEE INTERPRETER FEE 001.000.23.523.30.41.01 86.90 INTERPRETER FEE1554 INTERPRETER FEE 001.000.39.512.52.41.00 86.90 INTERPRETER FEE1599 INTERPRETER FEE 001.000.23.523.30.41.01 86.90 17Page: Packet Page 35 of 312 02/05/2015 Voucher List City of Edmonds 18 9:49:05AM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :260.702127802/5/2015 069362 069362 MARSHALL, CITA 212781 2/5/2015 074322 MICRO PRECISION CALIBRATION STL-17486 Water Quality - Calibration Fee for Water Quality - Calibration Fee for 421.000.74.534.80.48.00 64.00 Total :64.00 212782 2/5/2015 072223 MILLER, DOUG 1/7-1/28 GYM MONITOR 1/7/15-1/28/15 GYM MONITOR 1/7-1/28 GYM MONITOR 001.000.64.571.25.41.00 140.00 Total :140.00 212783 2/5/2015 020900 MILLERS EQUIP & RENT ALL INC 204463 PM SPARK PLUGS, FUEL FILTERS, CHIP GUARD PM SPARK PLUGS, FUEL FILTERS, CHIP 001.000.64.576.80.31.00 309.41 9.5% Sales Tax 001.000.64.576.80.31.00 29.39 Total :338.80 212784 2/5/2015 066553 MISTER T'S TROPHIES 102534 Employee of the Year Awards/Plaques Employee of the Year Awards/Plaques 001.000.22.518.10.49.00 203.45 9.5% Sales Tax 001.000.22.518.10.49.00 19.33 Total :222.78 212785 2/5/2015 022009 MOTOROLA INC 13048381 INV#13048381 ACCT#1011249259 0001 EDMOND 7/800 SINGLE BAND RADIOS-TRAFFIC 511.100.77.548.68.35.00 5,112.00 PALM PHONE 511.100.77.548.68.35.00 162.00 2 YR SFS LITE 511.100.77.548.68.35.00 474.00 REMOTE MOUNT MOTORCYCLE 511.100.77.548.68.35.00 900.00 ADVANCE KEY SYSTEM 18Page: Packet Page 36 of 312 02/05/2015 Voucher List City of Edmonds 19 9:49:05AM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 212785 2/5/2015 (Continued)022009 MOTOROLA INC 511.100.77.548.68.35.00 11.25 SMARTZONE OPERATOR APX 511.100.77.548.68.35.00 3,375.00 AUXILARY SPKR 7.5 WATT 511.100.77.548.68.35.00 135.00 05 CONTROL HEAD 511.100.77.548.68.35.00 972.00 ANT 3DB LOWPRO MCYC 762-870 511.100.77.548.68.35.00 96.75 9.5% Sales Tax 511.100.77.548.68.35.00 1,067.62 Total :12,305.62 212786 2/5/2015 023870 NATIONAL REC & PARK ASSOC 29558 GRP MEMBERSHIP MEMBER ID #29558 2015 GROUP MEMBERSHIP MEMBER ID #29558 2015 GROUP MEMBERSHIP 001.000.64.571.21.49.00 390.00 Total :390.00 212787 2/5/2015 064570 NATIONAL SAFETY INC 0395918-IN Storm - Supplies Storm - Supplies 422.000.72.531.40.31.00 23.85 9.5% Sales Tax 422.000.72.531.40.31.00 2.27 Total :26.12 212788 2/5/2015 074306 NEBCO/NPRIT 3539237 LEOFF 1 Medical Premiums LEOFF 1 Medical Premiums 617.000.51.517.20.23.00 1,310.62 LEOFF 1 Medical Premiums 009.000.39.517.20.23.00 9,032.24 Total :10,342.86 212789 2/5/2015 068451 NORTHEND TRUCK EQUIPMENT INC 1030792 Unit 32 - Double Acting Hoist Pendant Unit 32 - Double Acting Hoist Pendant 511.000.77.548.68.31.10 468.00 19Page: Packet Page 37 of 312 02/05/2015 Voucher List City of Edmonds 20 9:49:05AM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 212789 2/5/2015 (Continued)068451 NORTHEND TRUCK EQUIPMENT INC Freight 511.000.77.548.68.31.10 11.06 9.5% Sales Tax 511.000.77.548.68.31.10 45.51 Total :524.57 212790 2/5/2015 061013 NORTHWEST CASCADE INC 2-1116673 HAINES WHARF PARK HONEY BUCKET HAINES WHARF PARK HONEY BUCKET 001.000.64.576.80.45.00 220.77 WILLOW CREEK HONEY BUCKET2-1116946 WILLOW CREEK HONEY BUCKET 001.000.64.576.80.45.00 115.65 Total :336.42 212791 2/5/2015 070306 OBERG, WILLIAM 4 LEOFF 1 Medical Reimbursement LEOFF 1 Medical Reimbursement 009.000.39.517.20.23.00 1,536.79 Total :1,536.79 212792 2/5/2015 063511 OFFICE MAX INC 138533 INV#138533 ACCT#520437 250POL - EDMONDS FILE POCKET PARTITION (H & F) 001.000.41.521.21.31.00 24.75 ANGLED STEP SORTERS (H) 001.000.41.521.21.31.00 15.74 PARTITION COAT HOOKS (H & F) 001.000.41.521.21.31.00 30.69 MONITOR STANDS (H & F) 001.000.41.521.21.31.00 37.20 RUBBER BANDS 001.000.41.521.10.31.00 2.16 MARKS A LOT MARKERS 001.000.41.521.10.31.00 7.06 CD/DVD SHARPIER MARKERS 001.000.41.521.80.31.00 64.55 CDR RECORDABLE DISCS 20Page: Packet Page 38 of 312 02/05/2015 Voucher List City of Edmonds 21 9:49:05AM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 212792 2/5/2015 (Continued)063511 OFFICE MAX INC 001.000.41.521.80.31.00 82.85 SHARPIE MARKERS 001.000.41.521.10.31.00 10.15 9X12 CATALOG ENVELOPES 001.000.41.521.10.31.00 54.62 2015 DESK CALENDAR (FROLAND) 001.000.41.521.21.31.00 10.15 9.5% Sales Tax 001.000.41.521.21.31.00 11.26 9.5% Sales Tax 001.000.41.521.10.31.00 7.03 9.5% Sales Tax 001.000.41.521.80.31.00 14.01 PW Offices Supplies- Markers162317 PW Offices Supplies- Markers 001.000.65.518.20.31.00 56.23 9.5% Sales Tax 001.000.65.518.20.31.00 5.34 P&R SUPPLIES & PRESCHOOL SUPPLIES222893 P&R KLEENEX, PAPER, PENS, RUBBER BANDS 001.000.64.571.21.31.00 189.54 PRESCHOOL LAMINATE LEGAL SHEETS 001.000.64.571.29.31.00 15.46 9.5% Sales Tax 001.000.64.571.21.31.00 18.02 9.5% Sales Tax 001.000.64.571.29.31.00 1.47 PW Office Supplies730776 PW Office Supplies 001.000.65.518.20.31.00 17.71 9.5% Sales Tax 001.000.65.518.20.31.00 1.68 Total :677.67 212793 2/5/2015 070166 OFFICE OF THE STATE TREASURER January, 2015 COURT, BLDG CODE & JIS TRANSMITTAL 21Page: Packet Page 39 of 312 02/05/2015 Voucher List City of Edmonds 22 9:49:05AM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 212793 2/5/2015 (Continued)070166 OFFICE OF THE STATE TREASURER Emergency Medical Services & Trauma 001.000.237.120 1,035.81 PSEA 1, 2 & 3 Account 001.000.237.130 22,634.84 Building Code Fee Account 001.000.237.150 130.00 State Patrol Death Investigation 001.000.237.330 30.46 Judicial Information Systems Account 001.000.237.180 3,759.82 School Zone Safety Account 001.000.237.200 73.36 Washington Auto Theft Prevention 001.000.237.250 2,030.62 Traumatic Brain Injury 001.000.237.260 377.54 Accessible Communities Acct 001.000.237.290 17.77 Multi-Model Transportation 001.000.237.300 17.79 Hwy Safety Acct 001.000.237.320 48.37 Crime Lab Blood Breath Analysis 001.000.237.170 53.47 WSP Hwy Acct 001.000.237.340 173.37 Total :30,383.22 212794 2/5/2015 026200 OLYMPIC VIEW WATER DISTRICT 0054671 HICKMAN PARK IRRIGATION HICKMAN PARK IRRIGATION 001.000.64.576.80.47.00 16.83 HICKMAN PARK DRINKING FOUNTAIN & SPRINKL0060860 HICKMAN PARK DRINKING FOUNTAIN & 001.000.64.576.80.47.00 86.84 22Page: Packet Page 40 of 312 02/05/2015 Voucher List City of Edmonds 23 9:49:05AM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :103.672127942/5/2015 026200 026200 OLYMPIC VIEW WATER DISTRICT 212795 2/5/2015 064951 OTIS ELEVATOR CO SS06279G215 PW Elevator Maint Service Contract from PW Elevator Maint Service Contract from 001.000.66.518.30.48.00 3,584.07 Total :3,584.07 212796 2/5/2015 027060 PACIFIC TOPSOILS 186888 Storm Dump Fees Storm Dump Fees 422.000.72.531.10.49.00 119.00 Storm Dump Fees186893 Storm Dump Fees 422.000.72.531.10.49.00 119.00 Total :238.00 212797 2/5/2015 075150 PALMER COKING COAL COMPANY LLP IN037955 PM CIVIC FIELD TRACK CINDERS PM CIVIC FIELD TRACK CINDERS 125.000.64.576.80.31.00 1,164.21 9.5% Sales Tax 125.000.64.576.80.31.00 110.60 Total :1,274.81 212798 2/5/2015 028860 PLATT ELECTRIC SUPPLY INC G018658 WWTP - REPAIR/MAINTENANCE, ELECTRIC switches and fuses 423.000.76.535.80.48.22 225.27 9.5% Sales Tax 423.000.76.535.80.48.22 21.40 Total :246.67 212799 2/5/2015 071811 PONY MAIL BOX & BUSINESS CTR 214563 American Messaging - Water/Sewer Pager American Messaging - Water/Sewer Pager 421.000.74.534.80.42.00 5.99 American Messaging - Water/Sewer Pager 423.000.75.535.80.42.00 5.99 Total :11.98 212800 2/5/2015 046900 PUGET SOUND ENERGY 200000704821 FRANCES ANDERSON CENTER 700 MAIN ST / ME 23Page: Packet Page 41 of 312 02/05/2015 Voucher List City of Edmonds 24 9:49:05AM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 212800 2/5/2015 (Continued)046900 PUGET SOUND ENERGY FRANCES ANDERSON CENTER 700 MAIN ST / 001.000.66.518.30.47.00 2,429.29 YOST PARK/POOL 9535 BOWDOIN WAY / METER200002411383 YOST PARK/POOL 9535 BOWDOIN WAY / METER 001.000.64.576.80.47.00 151.92 OLD PUBLIC WORKS 200 DAYTON ST / METER 0200007876143 OLD PUBLIC WORKS 200 DAYTON ST / METER 421.000.74.534.80.47.00 544.08 FIRE STATION # 16 8429 196TH ST SW / MET200009595790 FIRE STATION # 16 8429 196TH ST SW / 001.000.66.518.30.47.00 1,006.74 FIRE STATION #20 23009 88TH AVE W / METE200011439656 FIRE STATION #20 23009 88TH AVE W / 001.000.66.518.30.47.00 452.40 CIVIC CENTER 250 5TH AVE N / METER 00052200016558856 CIVIC CENTER 250 5TH AVE N / METER 001.000.66.518.30.47.00 652.73 FIRE STATION #17 275 6TH AVE N / METER 0200016815843 FIRE STATION #17 275 6TH AVE N / METER 001.000.66.518.30.47.00 1,388.37 FLEET MAINTENANCE BAY 21105 72ND AVE W /200017676343 FLEET MAINTENANCE BAY 21105 72ND AVE W 511.000.77.548.68.47.00 478.34 MEADOWDALE CLUBHOUSE 6801 N MEADOWDALE R200019375639 MEADOWDALE CLUBHOUSE 6801 N MEADOWDALE 001.000.66.518.30.47.00 264.29 SNO-ISLE LIBRARY 650 MAIN ST / METER 001200019895354 SNO-ISLE LIBRARY 650 MAIN ST / METER 001.000.66.518.30.47.00 570.16 PUBLIC WORKS OMC 7110 210TH ST SW / METE200020415911 PUBLIC WORKS OMC 7110 210TH ST SW / 001.000.65.518.20.47.00 34.34 PUBLIC WORKS OMC 7110 210TH ST SW / 111.000.68.542.90.47.00 130.48 PUBLIC WORKS OMC 7110 210TH ST SW / 24Page: Packet Page 42 of 312 02/05/2015 Voucher List City of Edmonds 25 9:49:05AM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 212800 2/5/2015 (Continued)046900 PUGET SOUND ENERGY 421.000.74.534.80.47.00 130.48 PUBLIC WORKS OMC 7110 210TH ST SW / 423.000.75.535.80.47.10 130.48 PUBLIC WORKS OMC 7110 210TH ST SW / 511.000.77.548.68.47.00 130.48 PUBLIC WORKS OMC 7110 210TH ST SW / 422.000.72.531.90.47.00 130.49 WWTP 200 2ND AVE S / METER 000390395200021829581 WWTP 200 2ND AVE S / METER 000390395 423.000.76.535.80.47.63 1,194.41 CITY PARK BUILDING 600 3RD AVE S / METER200024711901 CITY PARK BUILDING 600 3RD AVE S / 001.000.66.518.30.47.00 276.63 Total :10,096.11 212801 2/5/2015 070809 PUGET SOUND EXECUTIVE 15-1042 COURT SECURITY COURT SECURITY 001.000.23.512.50.41.00 2,722.50 Total :2,722.50 212802 2/5/2015 030780 QUIRING MONUMENTS INC 00000151991 SHUTTER/NICHE INSCRIPTION-THOMPSON SHUTTER/NICHE INSCRIPTION-THOMPSON 130.000.64.536.20.34.00 100.00 SHUTTER/NICHE INSCRIPTION-FARR00000151992 SHUTTER/NICHE INSCRIPTION-FARR 130.000.64.536.20.34.00 100.00 SHUTTER/NICHE INSCRIPTION-EISENZIMMER00000151993 SHUTTER/NICHE INSCRIPTION-EISENZIMMER 130.000.64.536.20.34.00 100.00 Total :300.00 212803 2/5/2015 075031 REECE, CARLY 1/13-1/27 VOLLEYBALL 1/13/15-1/27/15 VOLLEYBALL GYM ATTENDANT 1/13/15-1/27/15 VOLLEYBALL GYM ATTENDANT 001.000.64.571.25.41.00 105.00 1/8/15-1/29/15 VOLLEYBALL GYM ATTENDANT1/8-1/29 GYM ATTEND 25Page: Packet Page 43 of 312 02/05/2015 Voucher List City of Edmonds 26 9:49:05AM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 212803 2/5/2015 (Continued)075031 REECE, CARLY 1/8/15-1/29/15 VOLLEYBALL GYM ATTENDANT 001.000.64.571.25.41.00 100.00 Total :205.00 212804 2/5/2015 006841 RICOH USA INC 5034237332 Additional Images DSD Ricoh MP171SPF Additional Images DSD Ricoh MP171SPF 001.000.62.524.10.45.00 7.47 Total :7.47 212805 2/5/2015 067447 RILEY, CHARLES H.9 LEOFF 1 Medical Reimbursement LEOFF 1 Medical Reimbursement 009.000.39.517.20.23.00 1,861.33 Total :1,861.33 212806 2/5/2015 033550 SALMON BAY SAND & GRAVEL 2358267 Roadway - Cold Patch Asphalt Roadway - Cold Patch Asphalt 111.000.68.542.31.31.00 991.80 9.5% Sales Tax 111.000.68.542.31.31.00 94.22 Total :1,086.02 212807 2/5/2015 068132 SHORELINE CONSTRUCTION CO E3GA.Pmt 6 E3GA.PMT 6 THRU 1/27/15 E3GA.Pmt 6 thru 1/27/15 423.000.75.594.35.65.30 116,963.52 Total :116,963.52 212808 2/5/2015 075115 SKAGIT RIVER GUIDE SERVICE LLC 19724 SKAGIT RIVER 19724 SKAGIT RIVER GUIDE SERVICE FEE 19724 SKAGIT RIVER GUIDE SERVICE FEE 001.000.64.571.22.41.00 219.16 Total :219.16 212809 2/5/2015 036955 SKY NURSERY T-0436851 PM A.C. TERRACE BED MULCH PM A.C. TERRACE BED MULCH 001.000.64.576.81.31.00 29.00 9.5% Sales Tax 001.000.64.576.81.31.00 2.76 26Page: Packet Page 44 of 312 02/05/2015 Voucher List City of Edmonds 27 9:49:05AM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 212809 2/5/2015 (Continued)036955 SKY NURSERY PM FERTIL-MULCH FLOWER PROGRAMT-0437106 PM FERTIL-MULCH FLOWER PROGRAM 125.000.64.576.80.31.00 700.00 9.5% Sales Tax 125.000.64.576.80.31.00 66.50 Total :798.26 212810 2/5/2015 037375 SNO CO PUD NO 1 2001-2487-3 TRAFFIC LIGHT 9933 100TH AVE W / METER 1 TRAFFIC LIGHT 9933 100TH AVE W / METER 111.000.68.542.64.47.00 74.25 CLUBHOUSE 6801 MEADOWDALE RD / METER 1002003-8645-6 CLUBHOUSE 6801 MEADOWDALE RD / METER 001.000.66.518.30.47.00 124.49 FRANCES ANDERSON CENTER 700 MAIN ST / ME2004-2241-8 FRANCES ANDERSON CENTER 700 MAIN ST / 001.000.66.518.30.47.00 2,800.94 LIFT STATION #4 8311 TALBOT RD / METER 12004-6859-3 LIFT STATION #4 8311 TALBOT RD / METER 423.000.75.535.80.47.10 652.23 TRAFFIC LIGHT 200 3RD AVE S / METER 10002006-7801-9 TRAFFIC LIGHT 200 3RD AVE S / METER 111.000.68.542.64.47.00 33.39 LIFT STATION #12 16121 75TH PL W / METE2012-6598-0 LIFT STATION #12 16121 75TH PL W / 423.000.75.535.80.47.10 436.99 PINE ST PARK2013-2711-1 PINE ST PARK 001.000.64.576.80.47.00 34.98 LIFT STATION #11 6811 1/2 157TH PL W / M2013-7496-4 LIFT STATION #11 6811 1/2 157TH PL W / 423.000.75.535.80.47.10 44.36 CEMETERY BUILDING2015-5730-3 CEMETERY BUILDING 001.000.64.576.80.47.00 391.41 TRAFFIC LIGHT 660 EDMONDS WAY / METER 102015-6343-4 27Page: Packet Page 45 of 312 02/05/2015 Voucher List City of Edmonds 28 9:49:05AM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 212810 2/5/2015 (Continued)037375 SNO CO PUD NO 1 TRAFFIC LIGHT 660 EDMONDS WAY / METER 111.000.68.542.64.47.00 52.19 LIFT STATION #15 7710 168TH PL SW / METE2015-9448-8 LIFT STATION #15 7710 168TH PL SW / 423.000.75.535.80.47.10 39.53 OVERHEAD STREET LIGHTING AT CEMETERY2016-1027-6 OVERHEAD STREET LIGHTING AT CEMETERY 001.000.64.576.80.47.00 17.30 DECORATIVE LIGHTING 413 MAIN ST / METER2016-5690-7 DECORATIVE LIGHTING 413 MAIN ST / METER 111.000.68.542.63.47.00 421.67 PEDEST CAUTION LIGHT 23190 100TH AVE W /2017-0375-8 PEDEST CAUTION LIGHT 23190 100TH AVE W 111.000.68.542.64.47.00 57.48 415 5TH AVE S2017-6210-1 415 5TH AVE S 001.000.64.576.80.47.00 49.46 TRAFFIC LIGHT 901 WALNUT ST / METER 10002017-8264-6 TRAFFIC LIGHT 901 WALNUT ST / METER 111.000.68.542.64.47.00 33.92 CEMETERY WELL PUMP2021-6153-5 CEMETERY WELL PUMP 001.000.64.576.80.47.00 153.85 LOG CABIN & DECORATIVE LIGHTING 120 5TH2024-2158-2 LOG CABIN & DECORATIVE LIGHTING 120 5TH 001.000.66.518.30.47.00 416.47 CHARGE STATION #1 552 MAIN ST / METER 102042-9221-3 CHARGE STATION #1 552 MAIN ST / METER 111.000.68.542.64.47.00 173.16 HAZEL MILLER PLAZA2044-6743-5 HAZEL MILLER PLAZA 001.000.64.576.80.47.00 89.67 Total :6,097.74 212811 2/5/2015 070167 SNOHOMISH COUNTY TREASURER January 2015 Crime Victims Court Remittance 28Page: Packet Page 46 of 312 02/05/2015 Voucher List City of Edmonds 29 9:49:05AM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 212811 2/5/2015 (Continued)070167 SNOHOMISH COUNTY TREASURER Crime Victims Court Remittance 001.000.237.140 592.01 Total :592.01 212812 2/5/2015 038410 SOUND SAFETY PRODUCTS 2074990-01 Storm - B Clemens - 5 Work Jeans, Storm - B Clemens - 5 Work Jeans, 422.000.72.531.90.24.00 304.35 9.2% Sales Tax 422.000.72.531.90.24.00 28.00 Street - T Bach - 5 Work Jeans,2075840-01 Street - T Bach - 5 Work Jeans, 111.000.68.542.90.24.00 332.95 9.2% Sales Tax 111.000.68.542.90.24.00 30.63 Street - B Sanders - 5 Work Jeans,2075955-01 Street - B Sanders - 5 Work Jeans, 111.000.68.542.90.24.00 344.50 9.2% Sales Tax 111.000.68.542.90.24.00 31.69 Street - C Hiatt - TShirts, Sweatshirt4246960-01 Street - C Hiatt - TShirts, Sweatshirt 111.000.68.542.90.24.00 117.45 9.5% Sales Tax 111.000.68.542.90.24.00 11.16 Street - Return 1 T Shirt (C Hiatt)4246968-01 Street - Return 1 T Shirt (C Hiatt) 111.000.68.542.90.24.00 -15.35 9.5% Sales Tax 111.000.68.542.90.24.00 -1.46 Storm - P Johnson - 5 Work Jeans, T's,4247022-01 Storm - P Johnson - 5 Work Jeans, T's, 422.000.72.531.90.41.00 352.40 9.5% Sales Tax 422.000.72.531.90.41.00 33.48 Storm - M Johnson - 5 Work Jeans,4247099-01 29Page: Packet Page 47 of 312 02/05/2015 Voucher List City of Edmonds 30 9:49:05AM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 212812 2/5/2015 (Continued)038410 SOUND SAFETY PRODUCTS Storm - M Johnson - 5 Work Jeans, 422.000.72.531.90.24.00 357.15 9.5% Sales Tax 422.000.72.531.90.24.00 33.93 Storm - J Whatmore - 5 Work Jeans,4247134-01 Storm - J Whatmore - 5 Work Jeans, 422.000.72.531.90.24.00 315.30 9.5% Sales Tax 422.000.72.531.90.24.00 29.95 Total :2,306.13 212813 2/5/2015 071585 STERICYCLE INC 3002902649 INV#3002902649 CUST#6076358 - EDMONDS PD MEDIUM BOX DISPOSAL 001.000.41.521.80.41.00 51.52 9.5% Sales Tax 001.000.41.521.80.41.00 1.92 Total :53.44 212814 2/5/2015 074797 SUPER CHARGE MARKETING LLC 1376 SOCIAL MEDIA SERVICES JANUARY 2015 Social media services for January 2015 001.000.61.557.20.41.00 300.00 Total :300.00 212815 2/5/2015 040917 TACOMA SCREW PRODUCTS INC 11431062 Traffic - Supplies Traffic - Supplies 111.000.68.542.64.31.00 219.72 9.5% Sales Tax 111.000.68.542.64.31.00 20.87 Unit 21 - Pipe11432299 Unit 21 - Pipe 511.000.77.548.68.31.10 9.60 Freight 511.000.77.548.68.31.10 7.04 9.5% Sales Tax 511.000.77.548.68.31.10 1.58 30Page: Packet Page 48 of 312 02/05/2015 Voucher List City of Edmonds 31 9:49:05AM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :258.812128152/5/2015 040917 040917 TACOMA SCREW PRODUCTS INC 212816 2/5/2015 073970 TALLMAN, TYLER 1/6-1/27 PICKLEBALL 1/6/15-1/27/15 PICKLEBALL MONITOR FAC 1/6/15-1/27/15 PICKLEBALL MONITOR FAC 001.000.64.571.25.41.00 40.00 Total :40.00 212817 2/5/2015 071666 TETRA TECH INC 50869183 WWTP - C411: FACITLITY, TASK 5.14 C411-task order 5.14 423.100.76.594.39.41.10 852.68 Total :852.68 212818 2/5/2015 073255 TOTAL FILTRATION SERVICES, INC PSV1299455 City Wide- Filter Supplies City Wide- Filter Supplies 001.000.66.518.30.31.00 547.20 9.5% Sales Tax 001.000.66.518.30.31.00 51.98 Total :599.18 212819 2/5/2015 067904 TRENCHLESS RESOURCES INTL INC 20150301 COURSE TUITION - NASSCO PACP STAFF COURSE TUITION - NASSCO PACP STAFF 423.000.75.535.80.49.00 3,375.00 COURSE TUITION - NASSCO PACP STAFF 422.000.72.531.10.49.00 3,375.00 Total :6,750.00 212820 2/5/2015 042750 TRIBUZIO, WALLACE 7 LEOFF 1 Medical Reimbursement LEOFF 1 Medical Reimbursement 009.000.39.517.20.23.00 1,258.80 Total :1,258.80 212821 2/5/2015 063939 TYLER TECHNOLOGIES INC 045-122388 2015 EDEN SUPPORT MAINTENANCE 2015 EDEN Support Maintenance 001.000.25.514.30.48.00 5,598.90 2015 EDEN Support Maintenance 001.000.31.514.23.48.00 34,084.48 2015 EDEN Support Maintenance 31Page: Packet Page 49 of 312 02/05/2015 Voucher List City of Edmonds 32 9:49:05AM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 212821 2/5/2015 (Continued)063939 TYLER TECHNOLOGIES INC 001.000.22.518.10.48.00 7,300.22 2015 EDEN Support Maintenance 001.000.41.521.11.48.00 762.67 2015 EDEN Support Maintenance 421.000.74.534.80.48.00 7,846.07 2015 EDEN Support Maintenance 423.000.75.535.80.48.00 7,846.07 2015 EDEN Support Maintenance 422.000.72.531.90.48.00 7,846.06 2015 EDEN Support Maintenance 001.000.31.518.88.48.00 5,878.89 2015 EDEN SUPPORT MAINTENANCE045-122874 2015 EDEN Support Maintenance - CAFR 001.000.31.514.23.48.00 1,704.00 2015 EDEN SUPPORT MAINTENANCE045-125424 2015 EDEN Support Maintenance - 001.000.22.518.10.48.00 492.75 2015 EDEN Support Maintenance - Sales045-125685 2015 EDEN Support Maintenance - Sales 001.000.31.514.23.48.00 161.88 2015 EDEN SUPPORT MAINTENANCE GASB045-125951 2015 EDEN Support Maintenance - GASB 001.000.31.514.23.48.00 -1,926.08 Total :77,595.91 212822 2/5/2015 044300 US POSTAL SERVICE PO Box 2008 2015 Annual Rental Fee for Edmonds 2015 Annual Rental Fee for Edmonds 421.000.74.534.80.45.00 498.66 2015 Annual Rental Fee for Edmonds 423.000.75.535.80.45.00 498.66 2015 Annual Rental Fee for Edmonds 422.000.72.531.90.45.00 498.68 Total :1,496.00 212823 2/5/2015 067865 VERIZON WIRELESS 9739348502 C/A 571242650-0001 32Page: Packet Page 50 of 312 02/05/2015 Voucher List City of Edmonds 33 9:49:05AM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 212823 2/5/2015 (Continued)067865 VERIZON WIRELESS iPhone/iPad Cell Service Bld Dept 001.000.62.524.20.42.00 220.42 iPhone/iPad Cell Service City Clerk 001.000.25.514.30.42.00 55.99 iPad Cell Service Council 001.000.11.511.60.42.00 1,132.28 iPhone/iPad Cell Service Court 001.000.23.512.50.42.00 131.17 iPhone/iPad Cell Service Development 001.000.62.524.10.42.00 95.20 iPhone/iPad Cell Service Econ 001.000.61.557.20.42.00 75.21 iPhone/iPad Cell Service Engineering 001.000.67.532.20.42.00 503.57 iPhone/iPad Cell Service Facilities 001.000.66.518.30.42.00 110.38 iPhone/iPad Cell Service Finance 001.000.31.514.23.42.00 95.20 iPhone/iPad Cell Service HR 001.000.22.518.10.42.00 95.20 iPhone/iPad Cell Service IS 001.000.31.518.88.42.00 286.38 iPhone/iPad Cell Service Mayor's Office 001.000.21.513.10.42.00 40.01 iPhone/iPad Cell Service Parks Dept 001.000.64.571.21.42.00 124.89 iPhone/iPad Cell Service Police Dept 001.000.41.521.22.42.00 918.90 Air cards Police Dept 001.000.41.521.22.42.00 840.27 iPhone/iPad Cell Service Planning Dept 001.000.62.558.60.42.00 40.01 iPhone/iPad Cell Service PW Admin 001.000.65.518.20.42.00 26.59 33Page: Packet Page 51 of 312 02/05/2015 Voucher List City of Edmonds 34 9:49:05AM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 212823 2/5/2015 (Continued)067865 VERIZON WIRELESS iPhone/iPad Cell Service PW Admin 421.000.74.534.80.42.00 7.60 iPhone/iPad Cell Service PW Admin 422.000.72.531.90.42.00 26.59 iPhone/iPad Cell Service PW Admin 423.000.75.535.80.42.00 7.60 iPhone/iPad Cell Service PW Admin 423.000.76.535.80.42.00 7.60 iPhone/iPad Cell Service PW Street Dept 111.000.68.542.90.42.00 115.99 iPhone/iPad Cell Service PW Fleet 511.000.77.548.68.42.00 55.19 iPhone/iPad Cell Service PW Water/Sewer 421.000.74.534.80.42.00 82.10 iPhone/iPad Cell Service PW Water/Sewer 423.000.75.535.80.42.00 82.10 iPhone/iPad Cell Service Sewer Dept 423.000.75.535.80.42.00 205.24 iPhone/iPad Cell Service Water 421.000.74.534.80.42.00 245.25 iPad Cell Service Storm 422.000.72.531.90.42.00 120.03 iPhone/iPad Cell Service WWTP 423.000.76.535.80.42.00 161.19 Total :5,908.15 212824 2/5/2015 074901 WA FEDERAL %SHORELINE CONSTRUC E3GA.Ret 6 E3GA.RET 6.WA FED #316-400163-2.THRU 1/2 E3GA.Ret 6.WA Fed #316-400163-2.thru 423.000.75.594.35.65.30 5,596.34 Total :5,596.34 212825 2/5/2015 045515 WABO 29647 WABO Training for Building Staff, WABO Training for Building Staff, 001.000.62.524.20.49.00 1,500.00 34Page: Packet Page 52 of 312 02/05/2015 Voucher List City of Edmonds 35 9:49:05AM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :1,500.002128252/5/2015 045515 045515 WABO 212826 2/5/2015 067195 WASHINGTON TREE EXPERTS I15-026 Street - 6th & Dayton - Remove Hanger Street - 6th & Dayton - Remove Hanger 111.000.68.542.71.48.00 140.00 9.5% Sales Tax 111.000.68.542.71.48.00 13.30 Street - 100th Ave W - Remove Deady FirI15-029 Street - 100th Ave W - Remove Deady Fir 111.000.68.542.71.48.00 600.00 9.5% Sales Tax 111.000.68.542.71.48.00 57.00 Total :810.30 212827 2/5/2015 071359 WASSER CORPORATION INV000005649 WWTP - SUPPLIES, MECHANICAL MC Luster paint 423.000.76.535.80.31.21 162.40 9.5% Sales Tax 423.000.76.535.80.31.21 15.44 Total :177.84 212828 2/5/2015 068227 WCCFA 2015 MEMBERSHIP 2015 VOTING MEMBERSHIP DUES 2015 VOTING MEMBERSHIP DUES 130.000.64.536.20.49.00 253.35 Total :253.35 212829 2/5/2015 072634 WHISTLE WORKWEAR E80453 Street/Street - Rain Ware Street/Street - Rain Ware 111.000.68.542.90.24.00 33.73 Street/Street - Rain Ware 422.000.72.531.90.24.00 33.72 9.2% Sales Tax 111.000.68.542.90.24.00 3.11 9.2% Sales Tax 422.000.72.531.90.24.00 3.10 Street/Storm - Rain WareE80467 35Page: Packet Page 53 of 312 02/05/2015 Voucher List City of Edmonds 36 9:49:05AM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 212829 2/5/2015 (Continued)072634 WHISTLE WORKWEAR Street/Storm - Rain Ware 111.000.68.542.90.24.00 256.31 9.2% Sales Tax 111.000.68.542.90.24.00 23.58 Total :353.55 212830 2/5/2015 049902 WHITMAN, TIMOTHY 6 LEOFF 1 Medical Reimbursement LEOFF 1 Medical Reimbursement 009.000.39.517.20.23.00 1,258.80 Total :1,258.80 212831 2/5/2015 075148 WILL & REBECCA STOUT 2-33225 #4221-2356785 UTILITY REFUND #4221-2356785 Utility refund due to 411.000.233.000 65.03 Total :65.03 212832 2/5/2015 064170 WSRA 300000476 Annual Renewal 2015 - S Fisher Annual Renewal 2015 - S Fisher 421.000.74.537.90.49.00 225.00 Total :225.00 212833 2/5/2015 066289 WSTOA 114 INV 114 NORTH SOUND METRO SWAT TEAM RENE TEAM MEMBERSHIP RENEWAL 2014 628.000.41.521.23.31.00 100.00 Total :100.00 212834 2/5/2015 070432 ZACHOR & THOMAS PS INC 1040 JAN-15 RETAINER Monthly Retainer 001.000.36.515.33.41.00 13,930.96 Total :13,930.96 212835 2/5/2015 068180 ZERO WASTE WASHINGTON 2015 Membership Annual Membership 2015 - S Fisher Annual Membership 2015 - S Fisher 421.000.74.537.90.49.00 75.00 Total :75.00 36Page: Packet Page 54 of 312 02/05/2015 Voucher List City of Edmonds 37 9:49:05AM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 212836 2/5/2015 051282 ZUMAR INDUSTRIES INC 0174094 Traffic - Supplies Traffic - Supplies 111.000.68.542.64.31.00 265.00 Freight 111.000.68.542.64.31.00 13.72 9.5% Sales Tax 111.000.68.542.64.31.00 26.48 Total :305.20 Bank total :406,731.29114 Vouchers for bank code :usbank 406,731.29Total vouchers :Vouchers in this report114 37Page: Packet Page 55 of 312 PROJECT NUMBERS (By Project Title) Funding Project Title Project Accounting Number Engineering Project Number STR 100th Ave W/Firdale Ave/238th St. SW/Traffic Signal Upgrade c329 E0AA STR 15th St. SW Walkway (Edmonds Way to 8th Ave)c424 E3DC STM 190th Pl SW Wall Construction c428 E3FF STR 2009 Street Overlay Program c294 E9CA WTR 2010 Waterline Replacement Program c363 E0JA STR 2011 Residential Neighborhood Traffic Calming c343 E1AB WTR 2011 Waterline Replacement Program c333 E1JA STM 2012 Citywide Storm Drainage Improvements c382 E2FE SWR 2012 Sanitary Sewer Comp Plan Update c369 E2GA SWR 2012 Sewermain-Alder/Dellwood/Beach Pl/224th St. Sewer Replacement c347 E1GA WTR 2012 Waterline Overlay Program c388 E2CA WTR 2012 Waterline Replacement Program c340 E1JE STM 2013 Citywide Drainage Replacement c406 E3FA STM 2013 Lake Ballinger Basin Study & Associated Projects c407 E3FB SWR 2013 Sewerline Replacement Project c398 E3GA WTR 2013 Waterline Replacement Program c397 E3JA STR 2014 Chip Seals c451 E4CB STM 2014 Drainage Improvements c433 E4FA STM 2014 Lake Ballinger Associated Projects c436 E4FD STR 2014 Overlay Program c438 E4CA STR 2014 Waterline Overlays c452 E4CC WTR 2014 Waterline Replacement Program c422 E4JA STM 2014 Willow Creek Daylighting/Edmonds Marsh Restoration c435 E4FC SWR 2015 Sewerline Replacement Project c441 E4GA WTR 2015 Waterline Replacement Program c440 E4JB WTR 2016 Water Comp Plan Update c460 E4JC STR 220 7th Ave N Sidewalk c421 E3DA STR 220th Street Overlay Project c462 E4CD WTR 224th Waterline Relocation (2013)c418 E3JB STR 226th Street Walkway Project c312 E9DA STR 228th St. SW Corridor Improvements i005 E7AC STR 236th St. SW Walkway (Edmonds Way to Madrona School)c425 E3DD STR 238th St. SW Walkway (100th Ave to 104th Ave)c423 E3DB STR 5th Ave Overlay Project c399 E2CC Revised 2/4/2015 Packet Page 56 of 312 PROJECT NUMBERS (By Project Title) Funding Project Title Project Accounting Number Engineering Project Number STR 76th Ave W at 212th St SW Intersection Improvements c368 E1CA WTR 76th Ave W Waterline Extension with Lynnwood c344 E1JB STR 76th Avenue West/75th Place West Walkway Project c245 E6DA STR 9th Avenue Improvement Project c392 E2AB STR ADA Curb Ramp Upgrades along 3rd Ave S c426 E3DE SWR Alder Sanitary Sewer Pipe Rehabilitation (2013 Sewer Pipe Rehab CIPP)c390 E2GB WTR AWD Intertie and Reservoir Improvements c324 E0IA STR Caspers/Ninth Avenue/Puget Drive (SR524) Walkway Project c256 E6DB PRK City Spray Park c417 E4MA SWR Citywide CIPP Sewer Rehab Phase I c456 E4GB STR Citywide Safety Improvements c404 E2AC SWR City-Wide Sewer Improvements c301 E8GD STM Dayton Street & SR104 Storm Drainage Alternatives c374 E1FM PM Dayton Street Plaza c276 E7MA STM Dayton Street Storm Improvements (6th Ave - 8th Ave)c409 E3FD STM Dayton Street Stormwater Pump Station c455 E4FE FAC Edmonds Fishing Pier Rehab c443 E4MB WTR Edmonds General Facilities Charge Study c345 E1JC STM Edmonds Marsh Feasibility Study c380 E2FC FAC Edmonds Museum Exterior Repairs Project c327 E0LA FAC ESCO III Project c419 E3LB STR Five Corners Roundabout (212th Street SW @ 84th Avenue W)c342 E1AA PM Fourth Avenue Cultural Corridor c282 E8MA FAC Frances Anderson Center Accessibility Upgrades c393 E3LA STR Hwy 99 Enhancements (Phase III)c405 E2AD PM Interurban Trail c146 E2DB STM Lake Ballinger Associated Projects 2012 c381 E2FD STM LID Retrofits Perrinville Creek Basin c434 E4FB SWR Lift Station #1 Basin & Flow Study c461 E4GC SWR Lift Station 2 Improvements (Separated from L/s 13 - 09/01/08)c298 E8GA STR Main Street Lighting and Sidewalk Enhancements c265 E7AA WTR Main Street Watermain c375 E1JK PM Marina Beach Additional Parking c290 E8MB STM North Talbot Road Drainage Improvements c378 E2FA Revised 2/4/2015 Packet Page 57 of 312 PROJECT NUMBERS (By Project Title) Funding Project Title Project Accounting Number Engineering Project Number STM Northstream Pipe Abandonment on Puget Drive c410 E3FE STM NPDES m013 E7FG SWR OVD Sewer Lateral Improvements c142 E3GB WTR OVD Watermain Improvements (2003)c141 E3JB STM Perrinville Creek Culvert Replacement c376 E1FN STM Perrinville Creek Stormwater Flow Reduction Retrofit Study c408 E3FC WTR Pioneer Way Road Repair c389 E2CB WTR PRV Station 11 and 12 Abandonment c346 E1JD STM Public Facilities Water Quality Upgrades c339 E1FD FAC Public Safety Controls System Upgrades c444 E4LA STR School Zone Flashing Beacon/Lighting Grant c420 E3AA PM Senior Center Parking Lot & Landscaping Improvements c321 E9MA FAC Senior Center Roof Repairs c332 E0LB SWR Sewer Lift Station Rehabilitation Design c304 E9GA WWTP Sewer Outfall Groundwater Monitoring c446 E4HA WTR Sewer, Water, Stormwater Revenue Requirements Update c370 E1GB STR Shell Valley Emergency Access Road c268 E7CB STR SR104 Corridor Transportation Study c427 E3AB General SR104 Telecommunications Conduit Crossing c372 E1EA STR SR104/City Park Mid-Block Crossing c454 E4DB General SR99 Enhancement Program c238 E6MA STM Storm Contribution to Transportation Projects c341 E1FF STM Storm Drainage Improvements - 88th & 194th c429 E3FG STM Stormwater Development Review Support (NPDES Capacity)c349 E1FH STM Stormwater GIS Support c326 E0FC STR Sunset Walkway Improvements c354 E1DA STM SW Edmonds Basin #3-238th St. SW to Hickman Park Infiltration System c379 E2FB STM SW Edmonds-105th/106th Ave W Storm Improvements c430 E3FH STM Talbot Rd. Storm Drain Project/Perrinville Creek Mitigation c307 E9FB ENG Train Trench - Concept c453 E4DA STR Transportation Plan Update c391 E2AA STM Video Assessment of Stormwater Lines c459 E4FF Revised 2/4/2015 Packet Page 58 of 312 PROJECT NUMBERS (By Engineering Number) Funding Engineering Project Number Project Accounting Number Project Title STR E0AA c329 100th Ave W/Firdale Ave/238th St. SW/Traffic Signal Upgrade STM E0FC c326 Stormwater GIS Support WTR E0IA c324 AWD Intertie and Reservoir Improvements WTR E0JA c363 2010 Waterline Replacement Program FAC E0LA c327 Edmonds Museum Exterior Repairs Project FAC E0LB c332 Senior Center Roof Repairs STR E1AA c342 Five Corners Roundabout (212th Street SW @ 84th Avenue W) STR E1AB c343 2011 Residential Neighborhood Traffic Calming STR E1CA c368 76th Ave W at 212th St SW Intersection Improvements STR E1DA c354 Sunset Walkway Improvements General E1EA c372 SR104 Telecommunications Conduit Crossing STM E1FD c339 Public Facilities Water Quality Upgrades STM E1FF c341 Storm Contribution to Transportation Projects STM E1FH c349 Stormwater Development Review Support (NPDES Capacity) STM E1FM c374 Dayton Street & SR104 Storm Drainage Alternatives STM E1FN c376 Perrinville Creek Culvert Replacement SWR E1GA c347 2012 Sewermain-Alder/Dellwood/Beach Pl/224th St. Sewer Replacement WTR E1GB c370 Sewer, Water, Stormwater Revenue Requirements Update WTR E1JA c333 2011 Waterline Replacement Program WTR E1JB c344 76th Ave W Waterline Extension with Lynnwood WTR E1JC c345 Edmonds General Facilities Charge Study WTR E1JD c346 PRV Station 11 and 12 Abandonment WTR E1JE c340 2012 Waterline Replacement Program WTR E1JK c375 Main Street Watermain STR E2AA c391 Transportation Plan Update STR E2AB c392 9th Avenue Improvement Project STR E2AC c404 Citywide Safety Improvements STR E2AD c405 Hwy 99 Enhancements (Phase III) WTR E2CA c388 2012 Waterline Overlay Program WTR E2CB c389 Pioneer Way Road Repair STR E2CC c399 5th Ave Overlay Project PM E2DB c146 Interurban Trail STM E2FA c378 North Talbot Road Drainage Improvements STM E2FB c379 SW Edmonds Basin #3-238th St. SW to Hickman Park Infiltration System STM E2FC c380 Edmonds Marsh Feasibility Study STM E2FD c381 Lake Ballinger Associated Projects 2012 Revised 2/4/2015 Packet Page 59 of 312 PROJECT NUMBERS (By Engineering Number) Funding Engineering Project Number Project Accounting Number Project Title STM E2FE c382 2012 Citywide Storm Drainage Improvements SWR E2GA c369 2012 Sanitary Sewer Comp Plan Update SWR E2GB c390 Alder Sanitary Sewer Pipe Rehabilitation (2013 Sewer Pipe Rehab CIPP) STR E3AA c420 School Zone Flashing Beacon/Lighting Grant STR E3AB c427 SR104 Corridor Transportation Study STR E3DA c421 220 7th Ave N Sidewalk STR E3DB c423 238th St. SW Walkway (100th Ave to 104th Ave) STR E3DC c424 15th St. SW Walkway (Edmonds Way to 8th Ave) STR E3DD c425 236th St. SW Walkway (Edmonds Way to Madrona School) STR E3DE c426 ADA Curb Ramp Upgrades along 3rd Ave S STM E3FA c406 2013 Citywide Drainage Replacement STM E3FB c407 2013 Lake Ballinger Basin Study & Associated Projects STM E3FC c408 Perrinville Creek Stormwater Flow Reduction Retrofit Study STM E3FD c409 Dayton Street Storm Improvements (6th Ave - 8th Ave) STM E3FE c410 Northstream Pipe Abandonment on Puget Drive STM E3FF c428 190th Pl SW Wall Construction STM E3FG c429 Storm Drainage Improvements - 88th & 194th STM E3FH c430 SW Edmonds-105th/106th Ave W Storm Improvements SWR E3GA c398 2013 Sewerline Replacement Project SWR E3GB c142 OVD Sewer Lateral Improvements WTR E3JA c397 2013 Waterline Replacement Program WTR E3JB c418 224th Waterline Relocation (2013) WTR E3JB c141 OVD Watermain Improvements (2003) FAC E3LA c393 Frances Anderson Center Accessibility Upgrades FAC E3LB c419 ESCO III Project STR E4CA c438 2014 Overlay Program STR E4CB c451 2014 Chip Seals STR E4CC c452 2014 Waterline Overlays STR E4CD c462 220th Street Overlay Project ENG E4DA c453 Train Trench - Concept STR E4DB c454 SR104/City Park Mid-Block Crossing STM E4FA c433 2014 Drainage Improvements STM E4FB c434 LID Retrofits Perrinville Creek Basin STM E4FC c435 2014 Willow Creek Daylighting/Edmonds Marsh Restoration STM E4FD c436 2014 Lake Ballinger Associated Projects STM E4FE c455 Dayton Street Stormwater Pump Station Revised 2/4/2015 Packet Page 60 of 312 PROJECT NUMBERS (By Engineering Number) Funding Engineering Project Number Project Accounting Number Project Title STM E4FF c459 Video Assessment of Stormwater Lines SWR E4GA c441 2015 Sewerline Replacement Project SWR E4GB c456 Citywide CIPP Sewer Rehab Phase I SWR E4GC c461 Lift Station #1 Basin & Flow Study WWTP E4HA c446 Sewer Outfall Groundwater Monitoring WTR E4JA c422 2014 Waterline Replacement Program WTR E4JB c440 2015 Waterline Replacement Program WTR E4JC c460 2016 Water Comp Plan Update FAC E4LA c444 Public Safety Controls System Upgrades PRK E4MA c417 City Spray Park FAC E4MB c443 Edmonds Fishing Pier Rehab STR E6DA c245 76th Avenue West/75th Place West Walkway Project STR E6DB c256 Caspers/Ninth Avenue/Puget Drive (SR524) Walkway Project General E6MA c238 SR99 Enhancement Program STR E7AA c265 Main Street Lighting and Sidewalk Enhancements STR E7AC i005 228th St. SW Corridor Improvements STR E7CB c268 Shell Valley Emergency Access Road STM E7FG m013 NPDES PM E7MA c276 Dayton Street Plaza SWR E8GA c298 Lift Station 2 Improvements (Separated from L/s 13 - 09/01/08) SWR E8GD c301 City-Wide Sewer Improvements PM E8MA c282 Fourth Avenue Cultural Corridor PM E8MB c290 Marina Beach Additional Parking STR E9CA c294 2009 Street Overlay Program STR E9DA c312 226th Street Walkway Project STM E9FB c307 Talbot Rd. Storm Drain Project/Perrinville Creek Mitigation SWR E9GA c304 Sewer Lift Station Rehabilitation Design PM E9MA c321 Senior Center Parking Lot & Landscaping Improvements Revised 2/4/2015 Packet Page 61 of 312 PROJECT NUMBERS (By New Project Accounting Number) Funding Project Accounting Number Engineering Project Number Project Title WTR c141 E3JB OVD Watermain Improvements (2003) SWR c142 E3GB OVD Sewer Lateral Improvements PM c146 E2DB Interurban Trail General c238 E6MA SR99 Enhancement Program STR c245 E6DA 76th Avenue West/75th Place West Walkway Project STR c256 E6DB Caspers/Ninth Avenue/Puget Drive (SR524) Walkway Project STR c265 E7AA Main Street Lighting and Sidewalk Enhancements STR c268 E7CB Shell Valley Emergency Access Road PM c276 E7MA Dayton Street Plaza PM c282 E8MA Fourth Avenue Cultural Corridor PM c290 E8MB Marina Beach Additional Parking STR c294 E9CA 2009 Street Overlay Program SWR c298 E8GA Lift Station 2 Improvements (Separated from L/s 13 - 09/01/08) SWR c301 E8GD City-Wide Sewer Improvements SWR c304 E9GA Sewer Lift Station Rehabilitation Design STM c307 E9FB Talbot Rd. Storm Drain Project/Perrinville Creek Mitigation STR c312 E9DA 226th Street Walkway Project PM c321 E9MA Senior Center Parking Lot & Landscaping Improvements WTR c324 E0IA AWD Intertie and Reservoir Improvements STM c326 E0FC Stormwater GIS Support FAC c327 E0LA Edmonds Museum Exterior Repairs Project STR c329 E0AA 100th Ave W/Firdale Ave/238th St. SW/Traffic Signal Upgrade FAC c332 E0LB Senior Center Roof Repairs WTR c333 E1JA 2011 Waterline Replacement Program STM c339 E1FD Public Facilities Water Quality Upgrades WTR c340 E1JE 2012 Waterline Replacement Program STM c341 E1FF Storm Contribution to Transportation Projects STR c342 E1AA Five Corners Roundabout (212th Street SW @ 84th Avenue W) STR c343 E1AB 2011 Residential Neighborhood Traffic Calming WTR c344 E1JB 76th Ave W Waterline Extension with Lynnwood WTR c345 E1JC Edmonds General Facilities Charge Study WTR c346 E1JD PRV Station 11 and 12 Abandonment SWR c347 E1GA 2012 Sewermain-Alder/Dellwood/Beach Pl/224th St. Sewer Replacement STM c349 E1FH Stormwater Development Review Support (NPDES Capacity) Revised 2/4/2015 Packet Page 62 of 312 PROJECT NUMBERS (By New Project Accounting Number) Funding Project Accounting Number Engineering Project Number Project Title STR c354 E1DA Sunset Walkway Improvements WTR c363 E0JA 2010 Waterline Replacement Program STR c368 E1CA 76th Ave W at 212th St SW Intersection Improvements SWR c369 E2GA 2012 Sanitary Sewer Comp Plan Update WTR c370 E1GB Sewer, Water, Stormwater Revenue Requirements Update General c372 E1EA SR104 Telecommunications Conduit Crossing STM c374 E1FM Dayton Street & SR104 Storm Drainage Alternatives WTR c375 E1JK Main Street Watermain STM c376 E1FN Perrinville Creek Culvert Replacement STM c378 E2FA North Talbot Road Drainage Improvements STM c379 E2FB SW Edmonds Basin #3-238th St. SW to Hickman Park Infiltration System STM c380 E2FC Edmonds Marsh Feasibility Study STM c381 E2FD Lake Ballinger Associated Projects 2012 STM c382 E2FE 2012 Citywide Storm Drainage Improvements WTR c388 E2CA 2012 Waterline Overlay Program WTR c389 E2CB Pioneer Way Road Repair SWR c390 E2GB Alder Sanitary Sewer Pipe Rehabilitation (2013 Sewer Pipe Rehab CIPP) STR c391 E2AA Transportation Plan Update STR c392 E2AB 9th Avenue Improvement Project FAC c393 E3LA Frances Anderson Center Accessibility Upgrades WTR c397 E3JA 2013 Waterline Replacement Program SWR c398 E3GA 2013 Sewerline Replacement Project STR c399 E2CC 5th Ave Overlay Project STR c404 E2AC Citywide Safety Improvements STR c405 E2AD Hwy 99 Enhancements (Phase III) STM c406 E3FA 2013 Citywide Drainage Replacement STM c407 E3FB 2013 Lake Ballinger Basin Study & Associated Projects STM c408 E3FC Perrinville Creek Stormwater Flow Reduction Retrofit Study STM c409 E3FD Dayton Street Storm Improvements (6th Ave - 8th Ave) STM c410 E3FE Northstream Pipe Abandonment on Puget Drive PRK c417 E4MA City Spray Park WTR c418 E3JB 224th Waterline Relocation (2013) FAC c419 E3LB ESCO III Project STR c420 E3AA School Zone Flashing Beacon/Lighting Grant Revised 2/4/2015 Packet Page 63 of 312 PROJECT NUMBERS (By New Project Accounting Number) Funding Project Accounting Number Engineering Project Number Project Title STR c421 E3DA 220 7th Ave N Sidewalk WTR c422 E4JA 2014 Waterline Replacement Program STR c423 E3DB 238th St. SW Walkway (100th Ave to 104th Ave) STR c424 E3DC 15th St. SW Walkway (Edmonds Way to 8th Ave) STR c425 E3DD 236th St. SW Walkway (Edmonds Way to Madrona School) STR c426 E3DE ADA Curb Ramp Upgrades along 3rd Ave S STR c427 E3AB SR104 Corridor Transportation Study STM c428 E3FF 190th Pl SW Wall Construction STM c429 E3FG Storm Drainage Improvements - 88th & 194th STM c430 E3FH SW Edmonds-105th/106th Ave W Storm Improvements STM c433 E4FA 2014 Drainage Improvements STM c434 E4FB LID Retrofits Perrinville Creek Basin STM c435 E4FC 2014 Willow Creek Daylighting/Edmonds Marsh Restoration STM c436 E4FD 2014 Lake Ballinger Associated Projects STR c438 E4CA 2014 Overlay Program WTR c440 E4JB 2015 Waterline Replacement Program SWR c441 E4GA 2015 Sewerline Replacement Project FAC c443 E4MB Edmonds Fishing Pier Rehab FAC c444 E4LA Public Safety Controls System Upgrades WWTP c446 E4HA Sewer Outfall Groundwater Monitoring STR c451 E4CB 2014 Chip Seals STR c452 E4CC 2014 Waterline Overlays ENG c453 E4DA Train Trench - Concept STR c454 E4DB SR104/City Park Mid-Block Crossing STM c455 E4FE Dayton Street Stormwater Pump Station SWR c456 E4GB Citywide CIPP Sewer Rehab Phase I STM c459 E4FF Video Assessment of Stormwater Lines WTR c460 E4JC 2016 Water Comp Plan Update SWR c461 E4GC Lift Station #1 Basin & Flow Study STR c462 E4CD 220th Street Overlay Project STR i005 E7AC 228th St. SW Corridor Improvements STM m013 E7FG NPDES Revised 2/4/2015 Packet Page 64 of 312 PROJECT NUMBERS (By Project Title) Funding Project Title Project Accounting Number Engineering Project Number ENG Train Trench - Concept c453 E4DA FAC Edmonds Museum Exterior Repairs Project c327 E0LA FAC Senior Center Roof Repairs c332 E0LB FAC Frances Anderson Center Accessibility Upgrades c393 E3LA FAC ESCO III Project c419 E3LB FAC Edmonds Fishing Pier Rehab c443 E4MB FAC Public Safety Controls System Upgrades c444 E4LA General SR99 Enhancement Program c238 E6MA General SR104 Telecommunications Conduit Crossing c372 E1EA PM Interurban Trail c146 E2DB PM Dayton Street Plaza c276 E7MA PM Fourth Avenue Cultural Corridor c282 E8MA PM Marina Beach Additional Parking c290 E8MB PM Senior Center Parking Lot & Landscaping Improvements c321 E9MA PRK City Spray Park c417 E4MA STM Talbot Rd. Storm Drain Project/Perrinville Creek Mitigation c307 E9FB STM Stormwater GIS Support c326 E0FC STM Public Facilities Water Quality Upgrades c339 E1FD STM Storm Contribution to Transportation Projects c341 E1FF STM Stormwater Development Review Support (NPDES Capacity)c349 E1FH STM Dayton Street & SR104 Storm Drainage Alternatives c374 E1FM STM Perrinville Creek Culvert Replacement c376 E1FN STM Edmonds Marsh Feasibility Study c380 E2FC STM 2012 Citywide Storm Drainage Improvements c382 E2FE STM 2013 Citywide Drainage Replacement c406 E3FA STM 2013 Lake Ballinger Basin Study & Associated Projects c407 E3FB STM Perrinville Creek Stormwater Flow Reduction Retrofit Study c408 E3FC STM Dayton Street Storm Improvements (6th Ave - 8th Ave)c409 E3FD STM Northstream Pipe Abandonment on Puget Drive c410 E3FE STM 190th Pl SW Wall Construction c428 E3FF STM Storm Drainage Improvements - 88th & 194th c429 E3FG STM SW Edmonds-105th/106th Ave W Storm Improvements c430 E3FH STM 2014 Drainage Improvements c433 E4FA STM LID Retrofits Perrinville Creek Basin c434 E4FB Revised 2/4/2015 Packet Page 65 of 312 PROJECT NUMBERS (By Project Title) Funding Project Title Project Accounting Number Engineering Project Number STM 2014 Willow Creek Daylighting/Edmonds Marsh Restoration c435 E4FC STM 2014 Lake Ballinger Associated Projects c436 E4FD STM Dayton Street Stormwater Pump Station c455 E4FE STM Video Assessment of Stormwater Lines c459 E4FF STM NPDES m013 E7FG STM North Talbot Road Drainage Improvements c378 E2FA STM SW Edmonds Basin #3-238th St. SW to Hickman Park Infiltration System c379 E2FB STM Lake Ballinger Associated Projects 2012 c381 E2FD STR 76th Avenue West/75th Place West Walkway Project c245 E6DA STR Caspers/Ninth Avenue/Puget Drive (SR524) Walkway Project c256 E6DB STR Main Street Lighting and Sidewalk Enhancements c265 E7AA STR Shell Valley Emergency Access Road c268 E7CB STR 2009 Street Overlay Program c294 E9CA STR 226th Street Walkway Project c312 E9DA STR 100th Ave W/Firdale Ave/238th St. SW/Traffic Signal Upgrade c329 E0AA STR Five Corners Roundabout (212th Street SW @ 84th Avenue W)c342 E1AA STR 2011 Residential Neighborhood Traffic Calming c343 E1AB STR Sunset Walkway Improvements c354 E1DA STR 76th Ave W at 212th St SW Intersection Improvements c368 E1CA STR Transportation Plan Update c391 E2AA STR 9th Avenue Improvement Project c392 E2AB STR 5th Ave Overlay Project c399 E2CC STR Citywide Safety Improvements c404 E2AC STR Hwy 99 Enhancements (Phase III)c405 E2AD STR School Zone Flashing Beacon/Lighting Grant c420 E3AA STR 220 7th Ave N Sidewalk c421 E3DA STR 238th St. SW Walkway (100th Ave to 104th Ave)c423 E3DB STR 15th St. SW Walkway (Edmonds Way to 8th Ave)c424 E3DC STR 236th St. SW Walkway (Edmonds Way to Madrona School)c425 E3DD STR ADA Curb Ramp Upgrades along 3rd Ave S c426 E3DE STR SR104 Corridor Transportation Study c427 E3AB STR 2014 Overlay Program c438 E4CA STR 2014 Chip Seals c451 E4CB STR 2014 Waterline Overlays c452 E4CC Revised 2/4/2015 Packet Page 66 of 312 PROJECT NUMBERS (By Project Title) Funding Project Title Project Accounting Number Engineering Project Number STR SR104/City Park Mid-Block Crossing c454 E4DB STR 220th Street Overlay Project c462 E4CD STR 228th St. SW Corridor Improvements i005 E7AC SWR OVD Sewer Lateral Improvements c142 E3GB SWR Lift Station 2 Improvements (Separated from L/s 13 - 09/01/08)c298 E8GA SWR City-Wide Sewer Improvements c301 E8GD SWR Sewer Lift Station Rehabilitation Design c304 E9GA SWR 2012 Sewermain-Alder/Dellwood/Beach Pl/224th St. Sewer Replacement c347 E1GA SWR 2012 Sanitary Sewer Comp Plan Update c369 E2GA SWR Alder Sanitary Sewer Pipe Rehabilitation (2013 Sewer Pipe Rehab CIPP)c390 E2GB SWR 2013 Sewerline Replacement Project c398 E3GA SWR 2015 Sewerline Replacement Project c441 E4GA SWR Citywide CIPP Sewer Rehab Phase I c456 E4GB SWR Lift Station #1 Basin & Flow Study c461 E4GC WTR OVD Watermain Improvements (2003)c141 E3JB WTR AWD Intertie and Reservoir Improvements c324 E0IA WTR 2011 Waterline Replacement Program c333 E1JA WTR 2012 Waterline Replacement Program c340 E1JE WTR 76th Ave W Waterline Extension with Lynnwood c344 E1JB WTR Edmonds General Facilities Charge Study c345 E1JC WTR PRV Station 11 and 12 Abandonment c346 E1JD WTR 2010 Waterline Replacement Program c363 E0JA WTR Sewer, Water, Stormwater Revenue Requirements Update c370 E1GB WTR Main Street Watermain c375 E1JK WTR 2012 Waterline Overlay Program c388 E2CA WTR Pioneer Way Road Repair c389 E2CB WTR 2013 Waterline Replacement Program c397 E3JA WTR 224th Waterline Relocation (2013)c418 E3JB WTR 2014 Waterline Replacement Program c422 E4JA WTR 2015 Waterline Replacement Program c440 E4JB WTR 2016 Water Comp Plan Update c460 E4JC WWTP Sewer Outfall Groundwater Monitoring c446 E4HA Revised 2/4/2015 Packet Page 67 of 312 Payroll Earnings Summary Report City of Edmonds Pay Period: 740 (01/16/2015 to 01/31/2015) Hours AmountHour Type Hour Class Description Educational Pay CorrectionREGULAR HOURS-ed2 0.00 -156.28 10% OUT OF CLASSMISCELLANEOUS00c1 0.00 256.35 NO PAY LEAVEABSENT111 95.00 0.00 NO PAY NON HIREDABSENT112 16.00 0.00 SICK LEAVESICK121 641.50 22,235.97 VACATIONVACATION122 815.75 30,299.50 HOLIDAY HOURSHOLIDAY123 50.00 1,708.63 FLOATER HOLIDAYHOLIDAY124 53.50 1,599.08 COMPENSATORY TIMECOMP HOURS125 166.00 5,945.82 Police Sick Leave L & ISICK129 35.50 1,347.99 Holiday Compensation UsedCOMP HOURS130 37.75 1,097.04 Kelly Day UsedREGULAR HOURS150 120.00 4,503.95 FLOATER HOLIDAY BUY BACKHOLIDAY154 13.00 367.44 COMPTIME AUTO PAYCOMP HOURS155 89.64 3,886.98 SICK LEAVE PAYOFFSICK157 538.00 15,049.76 VACATION PAYOFFVACATION158 553.38 15,590.38 MANAGEMENT LEAVEVACATION160 13.00 694.46 COUNCIL BASE PAYREGULAR HOURS170 700.00 7,000.00 COUNCIL PRESIDENTS PAYREGULAR HOURS174 0.00 100.00 COUNCIL PAY FOR NO MEDICALREGULAR HOURS175 0.00 694.93 REGULAR HOURSREGULAR HOURS190 15,215.50 534,760.01 FIRE PENSION PAYMENTSREGULAR HOURS191 4.00 2,267.58 LIGHT DUTYREGULAR HOURS193 66.00 1,933.12 OVERTIME-STRAIGHTOVERTIME HOURS210 101.25 4,314.68 WATER WATCH STANDBYOVERTIME HOURS215 36.00 1,780.08 STANDBY TREATMENT PLANTMISCELLANEOUS216 16.00 1,436.03 OVERTIME 1.5OVERTIME HOURS220 249.00 15,809.18 OVERTIME-DOUBLEOVERTIME HOURS225 32.25 2,018.19 SHIFT DIFFERENTIALSHIFT DIFFERENTIAL411 0.00 813.46 RETROACTIVE PAYRETROACTIVE PAY600 0.00 2,901.60 ACCRUED COMPCOMP HOURS602 87.50 0.00 Holiday Comp 1.0COMP HOURS603 17.00 0.00 ACCRUED COMP TIMECOMP HOURS604 120.75 0.00 ACCREDITATION PAYMISCELLANEOUSacc 0.00 24.70 02/05/2015 Page 1 of 3 Packet Page 68 of 312 Payroll Earnings Summary Report City of Edmonds Pay Period: 740 (01/16/2015 to 01/31/2015) Hours AmountHour Type Hour Class Description Accreditation 1% Part TimeMISCELLANEOUSacp 0.00 0.00 ACCRED/POLICE SUPPORTMISCELLANEOUSacs 0.00 169.99 BOC II CertificationMISCELLANEOUSboc 0.00 81.17 Repayment AgreementREGULAR HOURScell 0.00 -60.96 Collision ReconstructionistMISCELLANEOUScolre 0.00 138.69 TRAINING CORPORALMISCELLANEOUScpl 0.00 143.68 CERTIFICATION III PAYMISCELLANEOUScrt 0.00 516.16 DETECTIVE PAYMISCELLANEOUSdet 0.00 100.25 Detective 4%MISCELLANEOUSdet4 0.00 965.68 EDUCATION PAY 2%EDUCATION PAYed1 0.00 780.22 EDUCATION PAY 4%EDUCATION PAYed2 0.00 718.40 EDUCATION PAY 6%EDUCATION PAYed3 0.00 4,639.11 FAMILY MEDICAL/NON PAIDABSENTfmla 60.00 0.00 HOLIDAYHOLIDAYhol 1,203.80 42,200.07 K-9 PAYMISCELLANEOUSk9 0.00 95.43 LONGEVITY PAY 2%LONGEVITYlg1 0.00 1,760.37 LONGEVITY 5.5%LONGEVITYlg10 0.00 407.75 LONGEVITY PAY 4%LONGEVITY PAYlg2 0.00 822.00 LONGEVITY 6%LONGEVITY PAYlg3 0.00 5,513.34 Longevity 1%LONGEVITYlg4 0.00 157.65 Longevity .5%LONGEVITYlg6 0.00 302.98 Longevity 1.5%LONGEVITYlg7 0.00 873.74 Longevity 3.5%LONGEVITYlg9 0.00 86.45 MOTORCYCLE PAYMISCELLANEOUSmtc 0.00 200.50 5% OUT OF CLASSMISCELLANEOUSooc 0.00 120.00 Public Disclosure SpecialistMISCELLANEOUSpds 0.00 46.65 PHYSICAL FITNESS PAYMISCELLANEOUSphy 0.00 1,683.52 PROFESSIONAL STANDARDS SERGEANMISCELLANEOUSprof 0.00 153.70 SPECIAL DUTY PAY 5%MISCELLANEOUSsdp 0.00 504.43 ADMINISTRATIVE SERGEANTMISCELLANEOUSsgt 0.00 153.70 TRAFFICMISCELLANEOUStraf 0.00 315.78 02/05/2015 Page 2 of 3 Packet Page 69 of 312 Payroll Earnings Summary Report City of Edmonds Pay Period: 740 (01/16/2015 to 01/31/2015) Hours AmountHour Type Hour Class Description Total Net Pay:$499,411.09 $743,871.08 21,147.07 02/05/2015 Page 3 of 3 Packet Page 70 of 312 Benefit Checks Summary Report City of Edmonds Pay Period: 740 - 01/16/2015 to 01/31/2015 Bank: usbank - US Bank Direct DepositCheck AmtNamePayee #DateCheck # 61490 02/05/2015 dlni DEPARTMENT OF L & I 453.10 0.00 61491 02/05/2015 epoa EPOA-1 POLICE 1,173.00 0.00 61492 02/05/2015 epoa4 EPOA-4 POLICE SUPPORT 117.00 0.00 61493 02/05/2015 flex FLEX-PLAN SERVICES, INC 808.33 0.00 61494 02/05/2015 jhan JOHN HANCOCK 1,028.10 0.00 61495 02/05/2015 cope SEIU COPE 82.00 0.00 61496 02/05/2015 seiu SEIU LOCAL 925 3,557.78 0.00 61497 02/05/2015 sc SNOHOMISH COUNTY COURT 684.93 0.00 61498 02/05/2015 uw UNITED WAY OF SNOHOMISH COUNTY 879.00 0.00 61499 02/05/2015 icma VANTAGE TRANSFER AGENTS 304884 1,499.51 0.00 61500 02/05/2015 mebt WTRISC FBO #N3177B1 91,854.81 0.00 102,137.56 0.00 Bank: wire - US BANK Direct DepositCheck AmtNamePayee #DateCheck # 2175 02/05/2015 pens DEPT OF RETIREMENT SYSTEMS 194,692.16 0.00 2176 02/05/2015 aflac AFLAC 5,187.23 0.00 2179 02/05/2015 wadc WASHINGTON STATE TREASURER 30,512.50 0.00 2180 02/05/2015 us US BANK 100,439.71 0.00 2181 02/05/2015 pb NATIONWIDE RETIREMENT SOLUTION 5,157.60 0.00 2182 02/05/2015 awc AWC 1,093.64 0.00 2183 02/05/2015 oe OFFICE OF SUPPORT ENFORCEMENT 48.50 0.00 337,131.34 0.00 439,268.90 0.00Grand Totals: Page 1 of 12/5/2015 Packet Page 71 of 312    AM-7470     4. C.              City Council Meeting Meeting Date:02/10/2015 Time:  Submitted By:Linda Hynd Department:City Clerk's Office Type: Action  Information Subject Title Acknowledge receipt of a Claim for Damages from MiaLisa Anderson (amount undetermined) and from John Nesmith ($332.80). Recommendation Acknowledge receipt of the Claims for Damages by minute entry. Previous Council Action N/A Narrative MiaLisa Anderson Montclair C/O Condominium Management P.O. Box 98459 Des Moines, WA 98198 (amount undetermined) John Nesmith 20036 Burke Avenue N. Shoreline, WA 98133 ($332.80) Attachments Anderson Claim for Damages Nesmith Claim for Damages Form Review Inbox Reviewed By Date Mayor Dave Earling 02/04/2015 04:12 PM Finalize for Agenda Scott Passey 02/05/2015 07:36 AM Form Started By: Linda Hynd Started On: 02/04/2015 02:32 PM Final Approval Date: 02/05/2015  Packet Page 72 of 312 Packet Page 73 of 312 Packet Page 74 of 312 Packet Page 75 of 312 Packet Page 76 of 312 Packet Page 77 of 312 Packet Page 78 of 312 Packet Page 79 of 312 Packet Page 80 of 312 Packet Page 81 of 312 Packet Page 82 of 312 Packet Page 83 of 312 Packet Page 84 of 312 Packet Page 85 of 312 Packet Page 86 of 312 Packet Page 87 of 312 Packet Page 88 of 312 Packet Page 89 of 312    AM-7461     6.              City Council Meeting Meeting Date:02/10/2015 Time:30 Minutes   Submitted By:Patrick Doherty Department:Community Services Type: Information  Information Subject Title Edmonds Downtown BID Assessment Rate Structure Discussion Recommendation Mayor and staff recommend that City Council place the item for action on the 2/17/15 Council meeting agenda.  Previous Council Action As part of its initial approval of the Edmonds Downtown Business Improvement District (EDBID, aka "Edmonds Downtown Alliance") on 1/15/13 the City Council approved the current two-tiered assessment rate structure.  On November 10 and 18, 2014, during consideration of the EDBID's proposed 2015 Work Plan and Budget, a request was made for additional information and potentially renewed consideration of the assessment rate structure.   Information was provided at the December 9, 2014 and January 6, 2014 Council meetings.   Minutes of all of these recent meetings, plus the related attachments, are attached here.  Narrative During Council review of the EDBID's proposed 2015 Work Plan and Budget, three items were initially raised for further discussion: the assessment rate structure, potential expansion of boundaries, and the collections policy for rate fee payment delinquencies.  Only the assessment rate structure was chosen by City Council for further discussion.  Consequently, City Council has requested a summary of the history of the EDBID's assessment rate structure, comparison with other BIDs in the State, and a legal analysis vis-à-vis State statutory provisions and relevant case law.  This information is intended to inform a discussion about potential changes to the assessment rate structure.   Attached is a detailed memo outlining the BID assessment rate history, legal analysis, discussion of BID benefits, and a conclusion.  The conclusion is reprinted here as a summary:  Packet Page 90 of 312 The Mayor and staff have thoroughly analyzed the issues related to the EDBID’s assessment rate structure and conclude that the current, two-tiered rate structure recognizes the variable levels of direct and indirect benefit to “open door” and “by appointment” businesses in a fair, reasonable and legally defensible manner. Further, the rate difference between the tiers is substantial, providing a significantly lower rate to “by appointment” businesses. Lastly, the corresponding rates are relatively low as compared with other BIDs in the State, and the increment of only $5/month per tier ensures that no rate-payers see an excessive assessment over others.  With the EDBID’s creation only two years ago, and in light of the substantial body of work necessary for a complex organization to go from start-up to implementation, the EDBID has done a commendable job in its short initial period. Much more is anticipated from the EDBID, as evidenced by their Council-approved 2015 Work Plan.  For the above-stated reasons, the Mayor and staff believe that the EDBID assessment rate structure is fair and reasonable at this point in time and that it is too early in the EDBID’s existence to dismantle said structure and attempt to formulate a different assessment structure.  Attachments Memo to Council in BID Rate Structure History Legal Opinion on BID Rate Structure EdmondsDowtownAlliance_2015_Final_Workplan August 7 2014 letter from Malgarin re BID assessments Mayor Earling response to Malgarin Council minutes 11-10-14 Council minutes 11-18-14 Council minutes 12-09-14 Council minutes 01-06-15 Form Review Inbox Reviewed By Date City Clerk Scott Passey 02/03/2015 02:06 PM Mayor Dave Earling 02/03/2015 02:22 PM Finalize for Agenda Scott Passey 02/03/2015 02:31 PM Form Started By: Patrick Doherty Started On: 02/03/2015 09:57 AM Final Approval Date: 02/03/2015  Packet Page 91 of 312 M E M O R A N D U M TO: CITY COUNCILMEMBERS FROM: PATRICK DOHERTY, ECO. DEV. & COMMTY. SRVCS. DIRECTOR SUBJECT: EDMONDS DOWNTOWN BUSINESS IMPROVEMENT AREA RATES DATE: FEBRUARY 10, 2015 _____________________________________________________________________________________ BID Assessment Rate Structure History During the years leading up to Council consideration and ultimate approval of the Edmonds Downtown Business Improvement District (EDBID, aka Edmonds Downtown Alliance or “Ed!”) on January 15, 2013, a great deal of research was conducted regarding all aspects of BID formation, including rate structures. Many other BIDs in the State were researched, including at least half a dozen in Seattle, as well as BIDs in other Washington communities. In addition, the merchants who proposed the BID engaged the professional services of Brian D. Scott, an expert in BID formation in Washington, who provided advice on the formation of the BID, its assessment rate structure and other pertinent issues. As a result of this research it was determined that assessment rate structures vary widely across the State, including such variables as: gross retail sales, gross business income, floor area of business, square footage of parcel, assessed property value, parking spaces, hotel rooms, and even just flat fees. In addition, the legal parameters were researched, not only the competent State statute (RCW 35.87A.010), but also most recent case law. The key take-away from this research was that a BID’s rate structure should reflect the variable benefit that could accrue to different types of members, such as retail, “open-door” businesses versus by-appointment or “closed-door” businesses, as determined by each community’s legislative body. In tandem with this research, the proponents discussed and researched potential programs and activities the Edmonds BID could engage in and how large a corresponding annual budget should be in order to accommodate them. It was decided that a roughly $80-90,000 annual budget seemed to correspond with BIDs of other communities of similar size, plus appeared to provide sufficient resources to carry out a reasonable level of programming and activities. Another important factor considered with respect to the rate structure was simplicity – both in terms of administration and understandability. With these various factors in mind, the BID proponents concluded the following with regard to the parameters for their proposed assessment rate structure: Packet Page 92 of 312 • Rates should be structured in two tiers to reflect the two basic types of businesses: retail, “open-door” businesses and by-appointment or “closed-door” businesses. In addition, the lower tier should be substantially lower than the upper tier. • Assessment based on business area by square footage appeared to be the easiest to administer and most directly related to business activity and impact. Other bases, such as business income, gross sales, property value, etc., appeared to be overly intrusive and difficult to adminster. • Assessment of businesses only – and not property owners – seemed to provide the most direct relationship between BID benefits and beneficiaries. Property owners may or may not be active members of the Downtown Edmonds business community and would likely pass along any assessment to business tenants in their triple-net lease provisions. • The rates should be held to the minimum necessary to achieve a reasonable overall BID budget. The proposed rates were compared with other state-wide rates and were found to be within the lower range. • In order to facilitate ease of administration, square-footage-based assessment should be in ranges rather than an exact per-square-foot assessment, the latter requiring detailed as-built records and potentially inviting squabbles over exact business area. • In order to minimize concern over the relative rates among tiers, each tier’s rate was proposed as no more than an additional $5 per month higher than the tier below it. Rates range from $30/month to $50/month for “open-door” businesses and $10/month to $30/month for “by appointment” businesses. In addition, a provision was proposed that was intended to ease the transition to BID assessment for new businesses. Recognizing that new businesses often struggle during the first year, a provision was proposed, and approved by City Council, to exempt new businesses from paying the BID assessment during their first year. Legal Analysis Recently City Councilmembers requested that the BID’s rate structure be reviewed for legal consistency with applicable case law. Attached is a separate memo from City Attorney Jeff Taraday regarding the legal questions raised recently by City Councilmembers. Specifically Mr. Taraday opines on the relevant language from BID- related case law regarding the issue of assessment rates and benefits to various types of businesses. The competent case law is City of Seattle v. Rogers Clothing for Men, Inc., 114 Wn.2d 213, 220, 787 P.2d 39, 43 (1990). In addition, a question was raised about the potential legal relevance of a Los Angeles County Superior Court case regarding a Downtown Los Angeles BID. In very brief summary, in the Rogers Clothing case the court upheld the City of Seattle’s assessment rate structure for the BID in question, citing that it is solely up to the legislative body (i.e., the City Council) to determine the relative levels of benefits to be ascribed to different kinds of businesses and their corresponding assessment rates, recognizing at a minimum that there may be differential levels of Packet Page 93 of 312 benefit with correspondingly different levels of assessment. No specific guidance is elucidated regarding the delineation of these distinctions. Furthermore, the court ascribes substantial deference to the legislative body’s public process and decision-making in this regard. Lastly, regarding the Los Angeles case, there is no legal relevance to the Downtown Edmonds BID given that 1) California statutory provisions with regard to BIDs are quite different from Washington statutory provisions, and 2) a Superior Court decision in California is of no precedential value to a Washington matter. Given that the Edmonds City Council identified a distinction in potential benefits to “open door” versus “by appointment” businesses and formulated the assessment rate structure correspondingly, it appears that these City Council actions comport both with State statutory provisions and the relevant case law. Please see Mr. Taraday’s memo for details. Benefits Discussion Although the rate structure is split into two tiers that reflect the notion that “open-door” and “by appointment” businesses may experience different levels of benefit from the BID’s programs and activities, the notion of “benefits” has continued to be a topic of recent discussions. In particular, there have been suggestions that certain classes of business may not experience benefits at all. While retail establishments offering goods and services to the public may experience more direct benefits resulting from promotional campaigns, events, and/or other street-level amenities and enhancements, there is a body of indirect benefits that accrue to all businesses in the BID area. Downtown Edmonds is an environment that provides three key elements that draw and support all kinds of businesses: attractions, amenities and ambience. Be they retail establishments, professional services, personal or health services, administrative or consultant offices, the attractions, amenities and ambience of Downtown Edmonds benefit them all. There is a wide array of options available to business owner to site a business – from office buildings in the Highway 99 Corridor to leafy office complexes in other suburban locales, often at lower cost than Downtown Edmonds locations. That being the case, why, then, would a business owner choose to locate his/her business in Downtown Edmonds, very likely at higher cost? Arguably the answer lies in the allure of the attractions, amenities and ambience that Downtown Edmonds provides. Even if a business sees no walk-in business, the walkable environment, ready access to goods and services, wide assortment of eating and drinking establishments, overall charm and historic character, as well proximity to the waterfront provide amenities to its employees and visitors. Indeed, the ability to attract and hold employees is very likely higher in such an amenity-rich environment over a location in an auto-oriented, cookie-cutter suburban office park. This notion is borne out in a recent study by the NAIOP, Commercial Real Estate Development Association (Preferred Office Locations: Comparing Location Preferences and Performance of Office Space in CBDs, Suburban Vibrant Centers and Suburban Areas, November 2014) where it was Packet Page 94 of 312 determined that office tenants prefer amenity-rich “live, work, play” locations over single-use office parks by a margin of 83 percent to 17 percent. A key quotation from the report states: “…any company wanting to attract and retain young, educated workers who prefer live, work, play locations needs to locate in a compact, mixed-use, walkable place…” Downtown Edmonds provides precisely this type of environment, one that is attractive to a wide array of constituents, be they shoppers, diners, culture-goers, office workers, business owners or visitors. Pursuant to the foregoing analysis, it is reasonable to conclude that any efforts aimed at maintaining, promoting and/or enhancing the attractions, amenities, and ambience of Downtown Edmonds will result in both direct and indirect benefits to any businesses that rely on or are supported by shoppers, diners, culture-goers, office workers or visitors. Further, the Edmonds Downtown BID was expressly established to achieve these objectives. Consequently, BID assessments, especially formulated in tiers to recognize a split between direct and indirect beneficiaries, are justified both legally and substantively in that they provide for the maintenance and enhancement of a wide range of amenities that result in benefits to businesses throughout the BID area. Conclusion The Mayor and staff have thoroughly analyzed the issues related to the EDBID’s assessment rate structure and conclude that the current, two-tiered rate structure recognizes the variable levels of direct and indirect benefit to “open door” and “by appointment” businesses in a fair, reasonable and legally defensible manner. Further, the rate difference between the tiers is substantial, providing a significantly lower rate to “by appointment” businesses. Lastly, the corresponding rates are relatively low as compared with other BIDs in the State, and the increment of only $5/month per tier ensures that no rate-payers see an excessive assessment over others. With the EDBID’s creation only two years ago, and in light of the substantial body of work necessary for a complex organization to go from start-up to implementation, the EDBID has done a commendable job in its short initial period. Much more is anticipated from the EDBID, as evidenced by their Council- approved 2015 Work Plan. For the above-stated reasons, the Mayor and staff believe that the EDBID assessment rate structure is fair and reasonable at this point in time and that it is too early in the EDBID’s existence to dismantle said structure and attempt to formulate a different assessment structure. Packet Page 95 of 312       Date:    January  30,  2015     To:    Patrick  Doherty     From:      Jeff  Taraday       Re:    Law  related  to  showing  of  benefit  for  EDBID         You  asked  me  to  provide  you  with  a  very  short  summary  of  the  relevant  language  from   BID  case  law  pertaining  to  benefit.  You  also  asked  us  to  review  an  article  about  a  BID  in   Los  Angeles  to  determine  whether  it  had  any  bearing  on  the  Edmonds  Downtown  BID.     City  of  Seattle  v.  Rogers  Clothing  for  Men,  Inc.,  114  Wn.2d  213,  220,  787  P.2d  39,  43   (1990),  is  one  of  the  only  cases  to  interpret  Washington’s  BID  laws.  It  involved  a   challenge  to  a  BID  in  Downtown  Seattle  that  raised  six  separate  issues  that  are  set  forth   below:     ISSUE  ONE.  Does  the  City  of  Seattle  ordinance  in  question  exceed  the  statutory   authority  granted  to  the  City  by  RCW  35.87A?     ISSUE  TWO.  Is  the  purpose  for  which  the  assessment  is  levied  a  benefit  to  businesses   within  the  contemplation  of  RCW  35.87A.010  et  seq.  and  article  7,  section  9  of  the   Constitution  of  the  State  of  Washington?     ISSUE  THREE.  Are  the  benefits  delineated  by  the  ordinance  “special”  or  local  benefits  to   the  assessed  property  as  contrasted  with  general  benefits  which  inure  to  the  entire   community?     ISSUE  FOUR.  Which  party  to  this  litigation  had  the  burden  of  proving  that  the   assessments  did  not  substantially  exceed  the  benefit  and  was  such  burden  carried?     ISSUE  FIVE.  Is  the  assessment  a  “special  tax”  which  is  invalidly  assessed  against  only  a   portion  of  the  property  within  the  City's  jurisdiction  in  violation  of  the  uniformity   requirement  of  article  7,  section  1  (amend.  14)  of  the  Constitution  of  the  State  of   Packet Page 96 of 312     Washington?     ISSUE  SIX.  Does  Seattle  City  Ordinance  113105  violate  constitutional  equal  protection   guaranties?     City  of  Seattle  v.  Rogers  Clothing  for  Men,  Inc.,  114  Wn.2d  213,  220,  787  P.2d  39,  43   (1990).  Of  the  six  questions  addressed  in  Rogers  Clothing,  we  focus  issues  1,  2,  and  4   because  they  seem  most  relevant  to  the  questions  that  are  being  raised  by   councilmembers  and  certain  businesses  in  the  BID.     ISSUE  ONE:     In  Rogers  Clothing,  the  store  owners  argued  that  by  calculating  assessments  based  on   square  footage,  the  ordinance  violated  the  statute  by  failing  to  indicate  factors  showing   the  special  benefit.  The  court  rejected  that  claim  with  this  explanation:  “This  statute   (RCW  35.87A.080)  authorizes  the  City  to  make  a  reasonable  classification  of  businesses,   ‘giving  consideration  to  various  factors  such  as  ...  square  footage  of  the  business  ...  or   any  other  reasonable  factor  relating  to  the  benefit  received’.  (Italics  ours.)  The   ordinance  did  classify  businesses  within  the  Business  Improvement  Area  into  a  number   of  classifications  based  upon  type  of  use  and  square  footage.  The  statute  also  provides   that  “[t]he  special  assessments  need  not  be  imposed  on  different  classes  of  business,  as   determined  pursuant  to  RCW  35.87A.080,  on  the  same  basis  or  the  same  rate  ...”  The   ordinance  tracks  the  statute  by  classifying  property  pursuant  to  RCW  35.87A.080  based   upon  type  of  use  and  square  footage  and  then  proceeds  under  RCW  35.87A.090  to   apply  different  rates  to  the  different  classifications  of  property.  The  type  of  use  (hotel,   parking  lot,  retail  business)  is  a  reasonable  factor  relating  to  the  benefits  received   from  the  maintenance  and  the  marketing  programs.  Apportionment  of  special   assessments  based  upon  square  footage  of  property  has  often  been  upheld.  We   conclude  that  the  ordinance  carefully  follows  the  authorizing  statute,  does  not  exceed   its  delegated  power  and  does  not  violate  it.”  City  of  Seattle  v.  Rogers  Clothing  for  Men,   Inc.,  114  Wn.2d  213,  222-­‐23,  787  P.2d  39,  44  (1990)  (emphasis  added).     The  assessment  methodology  used  for  the  EDBID  is  based  on  two  factors:  square   footage  of  the  business  and  type  of  use  (open  door  vs.  by  appointment).  Given  how   Packet Page 97 of 312     similar  this  assessment  method  is  to  the  one  upheld  in  Roger’s  Clothing,  it  is  highly  likely   that  the  courts  would  uphold  Edmonds’  methodology  if  it  were  to  be  challenged.     ISSUE  TWO:     In  Rogers  Clothing,  the  store  owners  also  argued  that  because  the  BID  benefits  were   derived  from  services  rather  than  capital  improvements  they  were  not  “benefits”  within   the  meaning  of  Const.  art.  7,  §  9.  The  Rogers  Clothing  court  responded  that  “in  large   part  the  character  of  the  improvement  rested  in  the  discretion  of  the  municipality.  …   Whether  RCW  35.87A  and  Seattle  City  Ordinance  113015  supply  the  proper  kind  of   benefits  for  special  assessment  purposes  is  primarily  a  legislative  question,  at  least  so   long  as  the  assessment  does  not  exceed  the  benefit  to  the  property.  …  The  ordinance   before  us  provides  for  decorating  and  beautifying  public  places  in  the  retail  core  area,   sponsoring  public  events,  advertising,  maintaining  information  and  directional  signing   for  pedestrians,  improving  public  relations,  sweeping  and  cleaning  sidewalks,  cleaning   and  erasing  graffiti,  maintaining  flowers  and  greenery,  providing  and  cleaning  litter   receptacles  and  providing  additional  security.  …  Although  not  all  of  these  services  are   permanent,  they  are  actual,  physical  and  material  as  opposed  to  speculative  or   conjectural.  …  We  conclude,  therefore,  that  as  a  general  proposition  the  determination   of  what  kind  of  a  benefit  will  support  a  special  assessment  is  a  decision  best  left  to  the   legislative  process  so  long  as  the  assessment  is  for  a  local  improvement  and  does  not   exceed  the  benefit  to  the  property.  Such  benefits  existed  in  this  case.”  City  of  Seattle  v.   Rogers  Clothing  for  Men,  Inc.,  114  Wn.2d  213,  223-­‐26,  787  P.2d  39,  45-­‐46  (1990)   (emphasis  added).     When  one  considers  the  benefits  provided  by  the  EDBID,  it  appears  that  there  is   substantial  overlap  with  the  type  of  benefits  that  were  provided  by  Seattle  and  upheld   in  Rogers  Clothing.  Given  the  legislative  deference  afforded  by  the  courts  on  this  issue,  it   is  unlikely  that  benefits  outlined  by  the  Edmonds  ordinance  would  be  overturned  by  the   courts.  Of  course,  the  city  council  can  always  review  the  EDBIDs  purposes  and  work   program  periodically  to  renew  its  legislative  determination  that  the  EDBID  is  benefitting   the  business  owners  being  assessed.         Packet Page 98 of 312     ISSUE  FOUR:     The  store  owners  in  Rogers  Clothing  also  challenged  the  amount  of  assessment   apportioned  to  each  piece  of  property,  arguing  that  the  City  failed  to  demonstrate  that   the  benefit  conferred  upon  the  store  owners'  businesses  exceeded  the  amount  of  the   assessments  on  those  properties.  The  court  noted  several  presumptions  that  the  store   owners  failed  to  overcome  in  making  this  challenge.  “The  presumptions  relevant  to  this   case  include:  (1)  the  burden  is  upon  the  one  challenging  the  assessment  to  prove  its   incorrectness  as  it  is  presumed  the  City  has  acted  properly  and  legally;  (2)  the   assessment  is  presumed  to  be  a  benefit;  (3)  the  assessment  is  presumed  to  be  no   greater  than  the  benefit;  (4)  it  is  presumed  that  an  assessment  is  equal  or  ratable  to  an   assessment  upon  other  property  similarly  situated  and  that  the  assessment  is  fair;  and   (5)  evidence  of  appraisal  values  and  benefits  is  necessary  to  rebut  these  presumptions.”   Rogers  Clothing,  at  229.  Because  the  store  owners  in  Rogers  Clothing  offered  no   appraisal  evidence,  their  challenge  failed.  Similarly,  Edmonds  has  not  been  provided   with  the  kind  of  appraisal  evidence  that  would  support  a  challenge  to  the  EDBID   assessments.  And,  because  the  EDBID  assessments  are  so  small  (ranging  from  $120  to   $600  per  year),  we  think  it  would  be  difficult  for  an  appraiser  to  render  a  convincing   opinion  that  the  assessment  exceeded  the  benefit.       The  store  owners  in  Rogers  Clothing  also  argued  that  the  trial  court  failed  to  find  a   “benefit”  because  it  only  found  an  “opportunity  to  benefit”.  But  “courts  have  not   required  benefit  measured  only  by  the  property's  present  use.  As  Professor  Trautman   explains,  “[p]roperty  cannot  be  relieved  from  the  burden  of  an  assessment  simply   because  its  owner  has  seen  fit  to  devote  it  to  a  use  which  presently  may  not  be   specifically  benefited  by  the  improvement.”  Trautman,  Assessments  in  Washington,  40   Wash.L.Rev.  100,  119  (1965).  Inherent  in  this  concept  of  benefit  based  upon  a  different   use  of  the  property  is  the  idea  that  “benefit”  includes  the  “opportunity  to  benefit”  from   the  improvement  so  long  as  the  opportunity  is  not  merely  speculative.  City  of  Seattle  v.   Rogers  Clothing  for  Men,  Inc.,  114  Wn.2d  213,  229-­‐32,  787  P.2d  39,  47-­‐49  (1990)   (emphasis  added).  Given  that  “benefit”  should  not  be  viewed  only  through  the  lens  of   the  present  use,  to  the  extent  that,  for  example,  some  of  the  “by  appointment”   businesses  were  to  complain  of  benefits  that  only  benefitted  the  “open  door”   businesses,  notwithstanding  the  lower  assessment  rate  charge  to  “by  appointment”   businesses,  it  still  may  be  difficult  for  those  “by  appointment”  businesses  to  succeed   Packet Page 99 of 312     with  a  challenge  in  court.       In  a  summary,  the  Rogers  Clothing  case  contains  language  that  will  generally  support   whatever  legislative  determination  is  made  regarding  the  assessment  rate  structure  and   the  type  of  benefits  to  be  provided.  There  are  many  different  ways  in  which  one  could   structure  the  EDBID  assessments,  and  the  deferential  standard  articulated  by  the  court   suggests  that  most  of  them,  including  the  current  method,  would  be  upheld  on  review.       LOS  ANGELES  CASE:     We  have  been  provided  with  and  asked  to  review  a  news  article  about  a  Los  Angeles   area  BID  that  was  successfully  challenged  for  failure  to  comply  with  California  law.  This   news  article  does  not  add  anything  to  our  analysis  because:  1)  it  appears  to  only  involve   California  law,  which  does  not  apply  to  the  EDBID;  and  2)  we  could  not  find  a  reported   appellate  decision  from  this  matter,  so  it  is  doubtful  that  the  case  has  any  precedential   value,  even  in  California.     Please  let  us  know  if  you  would  like  us  to  elaborate  on  any  of  the  analysis  in  this  memo.         4838-­‐5183-­‐9498,  v.    1   Packet Page 100 of 312     EDMONDS DOWNTOWN ALLIANCE FINAL 2015 WORK PROGRAM & PLAN As amended and approved by City Council 11/18/14    Edmonds, Washington              Prepared pursuant to   Edmonds City Ordinance 3909, Section 3.75.120    Packet Page 101 of 312 As amended and approved by City Council 11/18/14  The mission of the Edmonds Downtown Alliance is to encourage, promote and  participate in activities enhancing the general economic conditions for the mutual  benefit of businesses in the district and the city of Edmonds.  Per Ordinance 3909, the scope of work includes:  A. Marketing & Hospitality: may include maps/brochures/kiosks/directories, web site, social  media, marketing/advertising campaigns, holiday decorations, street performers/artists,  historic education/heritage advocacy, special public events  B. Safety & Cleanliness: may include maintenance, security, pedestrian environment  enhancements  C. Appearance & Environment: may include design enhancements, neighborhood advocacy &  communication, streetscapes/lighting/furniture  D. Transportation: may include transportation alternatives, directional signage, parking  management & mitigation  E. Business Recruitment & Retention: may include education/seminars, market research,  business recruitment  F. Organization: may include contract staff & professional services, administration costs    INTRODUCTION  The Edmonds Downtown Business Improvement District, now doing business as Ed! Edmonds  Downtown Alliance (the “Alliance”), was approved on January 15, 2013 under Ordinance 3909.  The  following is the third year work program and plan for the district, effective from approval by Edmonds  City Council through December 31, 2015.  It includes a description of the Alliance, proposed services,  sources of funding, annual budget and allocations.  PROPOSED 2015 SERVICES  The services to be provided in this plan include items required for the promotion and  enhancement of the Alliance and to meet the needs identified by members of the Alliance.  The services are not intended to take the place of, but add to or supplement those services  provided by the City and/or other Edmonds based organizations. The services will be  executed under the direction of the Alliance Members Advisory Board.    A. Non‐profit Organization      The Members Advisory Board formed a non‐profit organization incorporated under  Washington law and received Section 501(c)(3) status with the Internal Revenue Service  as a public charity.  The Alliance will begin working with the City to discuss potential  contracting arrangements between the City and the Nonprofit Corporation for executing  the responsibilities, including independent financial review.  In addition, the Alliance  may engage the services of a local attorney and/or tax specialist, pro bono and partially  Packet Page 102 of 312 As amended and approved by City Council 11/18/14  compensated, to assist with legal matters, including filing of taxes and reports for  Section 501(c)(3) status with the Internal Revenue Service.     B. Administration      The Alliance Board may contract with an individual(s) to provide general administration  regarding the operations and maintenance of the Alliance.    Operating expenses will include, but are not limited to, supplies and insurance, post  office box rental, mailings to members, and web domain and hosting fees.  Legal,  accounting and professional services will be contracted on an as‐needed basis.  When  appropriate, pro‐bono services will be used.    C. Assessment and Evaluation  The Alliance recognizes the important responsibility it has to its members to  demonstrate effective and efficient use of Alliance resources.  As such, the Alliance will  include reasonable and appropriate program assessment and evaluation efforts within  its work plans.  This may include internal and external initiatives such as member  surveys, market research, third party or independent impact analysis, etc.    D. Member Engagement and Outreach     Creating a collaborative and effective business district is a high priority for the Alliance.  Communications to members will take place regularly and in a cost‐effective manner. A  member meeting will be held in April 2015 to elect board members and as a forum to  seek input into the mission and activities of the Alliance. The Alliance has moved to  electronic notifications, other than by request, the annual member meeting and ballot  mailings, to save member resources.    E. Friends of Ed! ‐ Business and Civic Collaboration and Outreach      Partnering with existing organizations in Edmonds will help to strengthen the mission of  the Alliance and the shared objectives of our partner organizations. The Alliance will  continue to maintain a comprehensive list of organizations, known as the Friends of Ed!  and will coordinate a bi‐annual meeting to discuss community priorities.     F. Marketing     Currently, the Alliance is in the process of finalizing website design and branding and  implementing our umbrella share program.   In 2015, the Alliance anticipates continuing  marketing outreach efforts internally and externally by exploring additional visual  Packet Page 103 of 312 As amended and approved by City Council 11/18/14  branding campaigns and products.  Ideas include: newsletter template, new business  welcome kit, print ads, window clings, tote bags, and a specific targeted marketing  campaign for “local first” advertising.    G. Professional Business Resources      Being mindful of by‐appointment members’ needs, the Alliance will offer services as  determined to be beneficial to the members. Examples include, but are not limited to,  business directories, professional services, seminars, and assistance with social media,  search engine optimization, etc.     In 2015, the Alliance will begin planning, research and implementation of an electronic  physical downtown directory that includes all member businesses.    H. Parking      Members of the Alliance parking committee will continue working in concert with city  efforts related to parking.     Based on 2014 committee research, underutilized parking spaces and areas where  parking is difficult have been identified.  Potential solutions to be explored in 2015  include: better signage and visual identification for existing public parking and after  hours parking lot availability.     The committee will continue to identify solutions, including better walkability and  education of business owners regarding employee permit parking areas.    I. Appearance and Environment    Research projects and costs related to enhancing the appearance of the Alliance District.   Projects may include, but are not limited to, the umbrella program, adding additional  garbage/recycling cans, identifying public restroom options, crosswalk safety and  beautification, installation of new and fewer 3 hour parking signs, improved alley way  appearance and walkability, programs to encourage building owners to think beyond  beige color palates for buildings and enhancing vacant storefront appearance.    J. Small Grants Program  The Alliance is working on creating a pilot Small Grants Program to help harness the  power of our local business community.   The program will utilize a grassroots  approach to identifying projects and allocating funds for approved grants as long as  they fall within the Alliance's mission and scope of work provided in Ordinance  Packet Page 104 of 312 As amended and approved by City Council 11/18/14  3909.  The Alliance board is working on finalizing the Grant criteria, eligibility, process,  requirements and timeline in 2014.  Each proposed grant will be reviewed by City staff  for compliance with RCW 35.87A.010 and Edmonds City Code 3.75.030 prior to award of  a grant.     K. 2016 Work Plan and Budget    The Alliance Advisory Board will prepare a 2016 work program, plan and annual budget  to present to Edmonds City Council in October 2015.    II. PROPOSED SOURCES OF FUNDING  A. Assessments    Assessments will be collected in accordance with Ordinance 3909.    B. Grants and Donations    The 501(c)(3) organization formed by the Alliance may pursue and accept grants and  donations from private institutions, the City, other public entities or individuals and  other non‐profit organizations, in accordance with State and Federal law.    III. ANNUAL BUDGET    A. Budgeted Revenue    The projected assessments collected for 2015 will be approximately $89,000.    B. Budgeted Expenditures    In accordance with the scope of work as approved in Ordinance 3909, it is anticipated  that the budgeted expenditures for the 2015 operating year of the Alliance will be as  follows:    Administration        $ 17,000  Marketing        $ 22,000  Engagement and Outreach      $   5,000  Professional Business Resources      $ 10,000  Small Grants Program       $ 10,000  Appearance & Environment       $ 20,000        TOTAL BUDGETED EXPENDITURES               $ 84,000  Packet Page 105 of 312 As amended and approved by City Council 11/18/14          C. Unallocated Funds     An unallocated fund balance is projected. The Alliance reserves the right to use  unallocated funds as necessary.    D. Subsequent Budgets    The Alliance shall establish for each fiscal year after the first year a proposed budget for  expenditures.  Such proposed budgets shall:  i) reasonably itemize the purpose for which  monies are proposed to be expended by the Alliance; and (ii) set forth the total amount  proposed to be expended.  A proposed budget, whether for the first year or for  subsequent years, shall be referred to as the “Budget.”    E. General Provisions    i. The Alliance shall make no expenditures other than in accordance with and  pursuant to a Budget for which a total Annual Budget amount has been  approved by the City.    ii. In the event that in any given fiscal year the sources of funding and/or reserves  held over from the previous year do not equal the total annual budget amount,  the Alliance may choose to eliminate some expenditures in order to balance the  budget.    iii. The Alliance, at the conclusion of the fiscal year, will provide a detailed financial  report in accordance with Ordinance 3909, as amended.    Packet Page 106 of 312 1 XÄxztÇà ZxÅá? _àwAXÄxztÇà ZxÅá? _àwAXÄxztÇà ZxÅá? _àwAXÄxztÇà ZxÅá? _àwA Studio: 420 5th Ave. S., Suite 107, Edmonds, WA 98020 Brent Malgarin, G.G. (206) 355-5065 elegantgems@gmx.com Thursday, August 07, 2014 To the Edmonds City Council, Subject: Excessively high rate assessed on Edmonds BID “Members” The following are facts, not opinion. At the Edmonds City Council meeting January 15, 2013, page 6, “Ms. Stiller summarized the goal was to create an affordable rate structure. The most any business in downtown Edmonds would pay is $600/year. The proposed Edmonds assessments are about 10% of what the West Seattle and University District BIDs assesses businesses. The idea is if everyone pays a little, everyone will benefit a lot.” (highlight emphasis added) As a citizen I expect testimony presented at a City Council meeting to be factual, under Washington State Law RCW35.87A.060 it is classified as “evidence”. Since the “University BIA” was cited as an example of a BID (they call theirs a BIA), let us examine the facts, about the University BIA (UBIA). First, they are assessing their multi-family and residential units, businesses and hotel/motels just as the law mandates, RCW 63.34.304 “O”, which Edmonds did not do in violation of several RCW’s. The following is the University District BIA’s new 2014 application for the UBIA, their old UBIA, city ordinance # 122212, 120304 and 118412, dating back to 1996, have always included assessment(s) on all properties, businesses, and hotels/motels within their BIA area. The other fascinating fact is they understand that the BID/BIA statute was never intended to be a permanent cash generating machine, it has a term of length. “PETITION TO ESTABLISH: University District Business Improvement Area TO THE CITY COUNCIL OF SEATTLE: We, the owners and operators of the businesses, multi-family residential and mixed-use projects (collectively, "Ratepayers") located within the proposed District, hereby petition the City of Seattle to establish a five year Parking and Business Improvement Area (BIA) as authorized by the RCW Chapter 35.87A, within the boundaries described in Exhibit A for the purpose of providing programs and other services which improve the general economic climate and enhance the environment of the University District in Seattle. Packet Page 107 of 312 2 This proposal is intended to replace the existing BIA that was authorized by the Seattle City Council on November 25, 1996 with Ordinance Number 118412. The existing BIA has been doing business as the “University District BIA” since that time. This proposal has two parts: first, to adopt a new business plan for five years; and second, to expand the BIA’s boundaries to include the entirety of the district.” (highlighted emphasis added) The following is from the University BIA website (udistrictpartnership.org). “Business Improvement Areas (BIA) Legislation The UDistrictFund will be governed pursuant to the Revised Code of the State of Washington, Chapter on “Parking and Business Improvement Areas”, 35.87A." The law includes provisions that: •Allows BIAs to finance services ranging from security to cleaning, marketing to parking management, planning to special events. •Allows revenue for improvements and services to be raised from a special assessment based upon benefits received from improvements and services. •Requires petition support from property owners and/or businesses representing more than 60% of the assessments to be paid. •Once the BIA is adopted, the assessment is mandatory to all Ratepayers according to the BIA ordinance. A BIA is a private sector initiated mechanism to manage a downtown or neighborhood business district. It is Funded by an assessment on properties and/or businesses that is imposed by the City Council at the request of the Ratepayers. A BIA assessment is similar to the “Common Area Maintenance” fees found in suburban shopping malls, office parks, and planned residential communities. These funds are used to improve specific areas through increased maintenance, additional safety initiatives, design improvements, special events, transportation and parking, and other activities selected and managed by the local BIA Board to benefit the district.” (highlighted emphasis added) The following is the 2012 rate structure for the University BIA: From the Seattle City website, old pricing (( )) and 2012 CPI adjusted pricing. “I. Retail/commercial uses Ground Floor.... (( $.114 )) $.12 sq. ft. Upper Floor.... (( $.057 )) $.06 sq. ft. Below Ground Floor.... (( $.057)) $.06 sq. ft. II. Commercial Parking.... (( $5.72 )) $5.92 / space III. Full Service Hotels/Motels .... (( $11.44 )) $11.84 / room IV. Apartments.... (( $5.72 )) $5.92 / unit V. Property Owners.... (( $.057 )) $.06 sq. ft. (e) A minimum assessment of (( $110 )) $113.85 (( (One Hundred Ten Dollars) )) will be applied to every business, organization, and property within the BIA boundaries. (highlighted emphasis added) (f) The total assessment upon any single business site within the BIA shall not initially exceed (( $11,000 )) $11,385 (( (Eleven Thousand Dollars) )) annually.” The maximum EDBID assessment on a business of 5000+ square feet is $600.00 per year, which equates to $ 0.12 psf. Ms. Stiller gave testimony to the ECC that the EDBID was only “10% of the University BIA”, when in fact it is exactly the same on a per square foot basis, (exclusive of property owners and the others defined in the UBIA area). Packet Page 108 of 312 3 When the UBIA minimum assessment is added with their assessment of 5000 sq. ft. their combined total assessment would total ($113.85 + $ 486.12= $599.97 per year). Personal communications with Sheila Hartshorne, City of Seattle BIA Director, “The $113.85 is the minimum assessment, so if your square footage is over 949 sq ft you would be paying the higher amount, either the minimum of $113.85 or $113.88 based on 949 sq ft. The $0.12/sq ft is not in addition to the minimum assessment.” Their assessment from 1-948.75 sq feet is included in the base rate of $ 113.85. The University BIA can go up to $ 11,385.00 per year, that is achieved strictly by multiplication of massive square footage and the inclusion of property ownership as they have some very large buildings in the UBIA. The UBIA has a pedestrian and auto traffic count that makes downtown Edmonds look like a small rural town outside Winlock, as such the UBIA can support their level of assessment, Edmonds can not. Let us examine our EDBID and the UBIA on a comparative square foot basis, an apples to apples comparison. Another mathematical fact, if you take the UBIA minimum assessment of $113.85 per business and divide it by $0.12 per square foot, this equates to 948.75 square feet, which I will venture to say is larger than the vast majority of foot-prints (square footage) of businesses within the EDBID. They also did not develop classes of businesses, from personal experience, a wrongful death attorney makes more in one case, than 90% of most businesses in Edmonds will make in a full year of gross sales, so why a decreased rate? An upstairs office in the UnivBIA (450 sq feet) is assessed $113.85, in Edmonds it is $ 120.00 per year, fairly close. The assessment level of 948.75 square feet in the UBIA is $ 113.85, in the Edmonds BID it is $ 420.00 (“open door”) ($0.45 per square foot) or $ 180.00 (appointment)($0.19 per square foot) for the same square footage!! In this particular example our “open door” is only 369% more expensive. Our cheapest level of assessment is more expensive than their assessment at 948.75 square feet. Let’s look at one more point, let’s assume the 313 businesses in Edmonds all paid the University BIA minimum of $ 113.85, the total yearly assessment would be $ 35,635.05, not the approximately $89,000+ the EDBID is assessing! The assessments in Edmonds penalize small businesses owners and small offices: “Open Door” “Appointment” 0-499 sq.ft is $ 0.73 per square foot 0-499 sq.ft is $ 0.24 per square foot 500-999 sq ft is $0.42 per square foot 500-999 sq ft is $0.18 per square foot 1000-1999 sq ft is $ 0.24 per square foot 1000-1999 sq ft is $ 0.12 per square foot 2000-4999 sq ft is $ 0.11 per square foot 2000-4999 sq ft is $ 0.06 per square foot 5000+ sq ft is $ 0.12 per square foot. 5000+ sq ft is $ 0.08 per square foot. Do to the fact the City has never released any numbers, there is no way to make any comparison, but there are not that many businesses of size (large square footage) in Edmonds, I imagine this is why the excessive fee….. for being a small business. There is no other way to say this, but the ECC accepted “facts” from people on an agenda, you were presented mendacities, and it worked. Anything was said to get the City Council to vote...yes, and adopt the Edmonds BID. Packet Page 109 of 312 4 Now 23 businesses are threatened with, or being sent out for collections based on false information? While some businesses in Edmonds pay 369% more than the University BIA? How is that fair to businesses? To all Edmonds City Council members, this is a prime example of reacting to a “feel good” project, rather than doing any independent research. I know you have a lot on your plate, but this was a tax on businesses, the livelihood of many people. This unfortunate outcome has caused harm to every business in Edmonds, because a thorough and accurate examination of the facts would have never allowed the Edmonds BID to be enacted into Ordinance # 3909. I have done my homework, months of it. Many business owners are being harmed thru and from this mandated and egregious level of assessment. There is no remedy under the law, as the testimony given to the Edmonds City Council is classified as “evidence” under RCW35.87A.060, and the “evidence” was nothing but a mendacity, the Edmonds BID is based on lies. There is no remedy to correct this fact under the law. The only solution is the closure of the Edmonds BID. Sincerely, Brent Malgarin, G.G. Packet Page 110 of 312 Packet Page 111 of 312 Packet Page 112 of 312 Packet Page 113 of 312 Edmonds City Council Approved Minutes November 10, 2014 Page 1 Special Meeting EDMONDS CITY COUNCIL APPROVED MINUTES Study Session November 10, 2014 The Edmonds City Council meeting was called to order at 7:00 p.m. by Mayor Earling in the Council Chambers, 250 5th Avenue North, Edmonds. The meeting was opened with the flag salute. ELECTED OFFICIALS PRESENT Dave Earling, Mayor Diane Buckshnis, Council President Kristiana Johnson, Councilmember Lora Petso, Councilmember Joan Bloom, Councilmember Adrienne Fraley-Monillas, Councilmember Thomas Mesaros, Councilmember ELECTED OFFICIALS ABSENT Strom Peterson, Councilmember STAFF PRESENT Al Compaan, Police Chief Phil Williams, Public Works Director Carrie Hite, Parks & Recreation Director Patrick Doherty, Econ. Dev. & Comm. Serv. Dir. Shane Hope, Development Services Director Scott James, Finance Director Deb Sharp, Accountant Renee McRae, Recreation Manager Jeff Taraday, City Attorney Scott Passey, City Clerk Jerrie Bevington, Camera Operator Jeannie Dines, Recorder 1. ROLL CALL City Clerk Scott Passey called the roll. All elected officials were present with the exception of Councilmember Peterson. COUNCIL PRESIDENT BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER MESAROS, TO EXCUSE COUNCILMEMBER PETERSON. MOTION CARRIED UNANIMOUSLY. 2. APPROVAL OF AGENDA COUNCIL PRESIDENT BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO APPROVE THE AGENDA IN CONTENT AND ORDER. MOTION CARRIED UNANIMOUSLY. 3. APPROVAL OF CONSENT AGENDA ITEMS COUNCIL PRESIDENT BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: A. APPROVAL OF CITY COUNCIL MEETING MINUTES OF NOVEMBER 3, 2014 B. APPROVAL OF CLAIM CHECKS #211337 THROUGH #211468 DATED NOVEMBER 6, 2014 FOR $1,747,604.72. APPROVAL OF PAYROLL DIRECT DEPOSIT AND CHECKS #61259 THROUGH #61271 FOR $466,539.20, BENEFIT CHECKS #61272 THROUGH #61280 AND WIRE PAYMENTS OF $398,232.21 FOR THE PAY PERIOD OCTOBER 16, 2014 THROUGH OCTOBER 31, 2014 Packet Page 114 of 312 Edmonds City Council Approved Minutes November 10, 2014 Page 2 C. ACKNOWLEDGE RECEIPT OF A CLAIM FOR DAMAGES FROM JOSTEIN E. KALVOY ($383.00) D. AUTHORIZATION TO CONTRACT WITH JAMES G. MURPHY TO SELL SURPLUS CITY VEHICLES AND SELL A SCRAP CAR TO PICK-N-PULL E. AUTHORIZATION TO CONTRACT WITH JAMES G. MURPHY TO SELL SURPLUS CITY EQUIPMENT F. AUTHORIZATION TO CONTRACT WITH JAMES G. MURPHY TO SELL SURPLUS CITY VEHICLES 4. AUDIENCE COMMENTS Ron Wambolt, Edmonds, relayed Dave Page, who was unable to attend tonight shared his views on the following: they would like to have a public hearing after the Council discusses budget when further information is available regarding amendments, etc. He recalled that had been past practice, last year there were three opportunities, two discussion periods during which public comment was taken and public hearing. He expressed concern there been little Council discussion regarding the budget or proposed changes to the budget. Phil Lovell, Edmonds, spoke regarding the proposed concept of a train trench for the BNSF tracks through the waterfront area. He relayed his background, registered civil engineer, retired 11 years ago as a vice president from the 4th largest general contractor in the United States, a 37-year career with a company that specializes in general contracting, construction management and procurement, heavy construction, consulting, insurance and risk management in both public and private arenas. While retired he remains active in the industry in various consulting, advisory and educational capacities. A train trench is very expensive, most challenging from an engineering standpoint and does not solve all Edmonds’ waterfront traffic problems. It does not address the ferry queuing problem; a better solution would be to add a down ramp to the west side of the tracks within the current Edmonds Crossing concept. That plan would meet most of the needs without tearing up the town to build it. He urged the Council to study as many track crossing ideas as possible before supporting one solution/concept. Such studies must be expanded to include input from other significant stakeholders such as the county, state, railroad, Port, WSDOT, environmental authorities, WSF, and commercial interests in that area. He urged broader studies considering all major aspects long with pros, cons and feasibility. The recently completed study of the train trench by an outside professional consulting group, available on City’s website under News of Interest, covers many of environmental and engineering challenges that must be addressed and provides a rough order of magnitude (ROM) estimate. He studied and wrote on the same subject last July; he also had a ROM estimate prepared by his former employer which estimate falls within the cost range in Tetra Tech report. He offered to assist the City and Council in any way he could with regard to this issue. Brent Malgarin, referred to July 27, 2011 KOMO News where it was stated the committee working to establish the Business Improvement District (BID) has reached 50% of signatures needed to present to the City Council. RCW 35.87A.020, Legislative Authority, states only the City Council can start a BID. RCW 35.87A.030 states an initiation petition or resolution methods can be used to start a BID. Seattle started a BID in the Pioneer Square area with the support of 60%; and the Council subsequently changed it to the resolution method via Seattle Resolution 31481. Edmonds Resolution 1284 states RCW 35.87A.030 authorizes the City Council to initiate a BID by resolution in lieu of petition. A petition was presented but struck down by the resolution method. The petition was presented to the Clerk November 21 and the Council held its meeting on November 27. If only the City Council can request the resolution method; he questioned how Resolution 1284 was considered by the Council before the Council had an opportunity to review the petition. Resolution 1285 reaffirms the resolution method. Ordinance 3909 Packet Page 115 of 312 Edmonds City Council Approved Minutes November 10, 2014 Page 3 refers to the petition but because it had been struck down, it was irrelevant. The ordinance does not state that Edmonds was pursuing a BID by the resolution method nor was the public notified that the Council was pursuing a BID by resolution method. RCW 35.87A.060 states 50% of the people if they know the method of resolution can protest and stop it; since no one was informed of the resolution method, it was not protested. There are no City records to refute that. Roger Hertrich, Edmonds, suggested the City hire Mr. Lovell part-time as he is well educated on the subject, and he admired his tenacity and interest in the subject. He recalled on October 28 Councilmember Johnson distributed a portion of a restoration plan that identified the possibility of relocating the senior center parking lot to restore the beach habitat. While a wonderful thought, that idea puts the possibility of a new senior center building in jeopardy because the building needs a lot of parking; the Edmonds Senior Center Feasibility Study states the need for 100 parking spaces. He did not favor eliminating the parking lot to restore the beach. With regard to the Sunset Walkway, he pointed out it is still listed as a combination pathway but most people do not want bicycles and skateboards mixed with pedestrians on a pathway. There is not enough room on Sunset Avenue to do everything that is planned; the new parking design is dangerous for backing and there is no place for bicycles because the bicycle lane was eliminated. He summarized a problem was created in trying to create something else. Council President Buckshnis read an email from Ken Reidy, Edmonds, that asked the Council to consider the following: 1) budget the entire amount needed to complete the rewrite of the ECDC as soon as possible, no later than December 31, 2015, and 2) budget the appropriate amount to also complete the entire rewrite of the ECC no later than December 31, 2015. Both should be contingent on a well- documented plan of action that clarifies how the work will be completed and who is responsible for completion and regular progress updates should be required. He suggested contracting the work out to a firm that specializes in writing great codes and recommended considering the process used by Lake Oswego, Oregon, when they faced similar challenges. The rewrite will increase efficiency and pay for the related cost. The City must establish a legal foundation that supports a high level of government service. A critical component of this legal foundation is a comprehensive, accurate, consistent and easy to administer code. He questioned why issues such as Westgate were prioritized prior to correcting the legal foundation of the code, a code known to be a mess going back to at least 2000. He referred to a June 23, 2012 email to the City Council and Planning Board in which he requested updating, clarifying and correcting the code be an extremely high priority. The condition of the code has resulted in much waste of public and private resources and will continue to do so. He urged the Council to make rewriting code a priority, reiterating it was to have been addressed long ago. 5. PRESENTATION ON THE PROPOSED EDMONDS DOWNTOWN BUSINESS IMPROVEMENT DISTRICT WORK PROGRAM AND BUDGET FOR YEAR 2015 Economic Development & Community Services Director Patrick Doherty explained the City Council approved the Edmonds Downtown Business Improvement District (EDBID) in January 2013. One of the requirements was that they present a work plan and budget for the following year by October 1 which was accomplished. Pam Stuller, EDBID Advisory Board Member, provided a list of the Advisory Board Members: • David Arista, Arista Wine Cellars • Robert Boehlke, Housewares • Natalie-Pascale Boisseau, Innate Radiance Acupuncture • Juliana Van Buskirk, Edward Jones • Cadence Clyborne, HDR Engineering • Sally Merck, Merck Counseling • Paul Rucker, Saetia • Mary Kay Sneeringer, Edmonds Bookshop Packet Page 116 of 312 Edmonds City Council Approved Minutes November 10, 2014 Page 4 • Jordana Turner, Edmonds Massage and Bodywork • Pam Stuller, Walnut Street Coffee • Kim Wahl, Reliable Floors Ms. Stuller reviewed the 2014 Work Plan Implementation: • Non-profit 501(c)3 status from IRS • Brand creation, name and logo • Optimized website – hope to launch later this month • Collaboration – Edmonds Community College, Edmonds-Woodway High School IB, and Friends! Lunch • Member Engagement – annual meeting, email and mail outreach, small grant program • Appearance & Environment – signage • Encourage walkability – courtesy umbrellas in 40 locations • Direct Mail Holiday Campaign, free Saturday holiday trolley, free family holiday movies and other holiday activities • Business Resources – business seminar She provided visuals including a sample website, illustrations, logo and umbrellas. Cadence Clyborne, Treasurer, EDBID Advisory Board, presented the 2015 Proposed Work Plan: • Non-profit Organization and Agency Agreement o Begin conversation with the City in 2015 regarding potential agency agreement between the City and the 501(c)3 to provide management and administrative services for the EDBID • Administration o Website hosting o Hiring part-time administrative person o Legal o Accounting o Supplies • Assessment & Evaluation o Research effective analysis tools to evaluate programs that have implemented to ensure providing benefit • Member Engagement and Outreach o Annual meeting in April • Friends of Ed! o Biannual meetings with organizations who have a vested interest in the downtown core to improve efficiency and avoid redundancy • Marketing o Brand rollout o Market totes for farmers market o New business welcome kit o Window clings o Consistent messaging o Potential Local First campaign • Professional Business Resources o Seminars to help members with web optimization and social media • Parking o Explore ideas and solutions o Focus on walkability versus drivability o Signage to existing and afterhours parking o Educating businesses about where park Packet Page 117 of 312 Edmonds City Council Approved Minutes November 10, 2014 Page 5 • Appearance & Environment o Vitality of core o Possible projects the EDBID could partner on include: Public restrooms Crosswalk safety Beautification Improved alley appearance Vacant storefront improvement • Small Grants Program o Projects that fulfill the mission of the Alliance and scope of work o Not intended to promote individual businesses or members o Researching best way to implement such a program and whether it is feasible • Research Potential Boundary Adjustment o Ordinance allows up to a 10% adjustment annually o Research a potential adjustment and determine interest in potential new members o City Council decision Ms. Clyborne reviewed 2015 proposed budgeted expenditures: Estimated revenue $89,000 Estimated expenditures • Administration 17,000 • Marking 22,000 • Member Engagement & Outreach 5,000 • Professional Business Resources 10,000 • Small grants 10,000 • Appearance and environment 20,000 • Total Estimated Expenditures $84,000 Councilmember Fraley-Monillas asked how a boundary adjustment would be created, whether businesses would come to the EDBID or the EDBID would go to them or both. Ms. Clyborne answered the ordinance allows up to a 10% increase and it must be contiguous with the existing boundaries. The EDBID would determine an area to target and then do outreach to those businesses to determine if there is significant support for becoming part of the EDBID. If there is support, the EDBID would come to the City Council with that research. Councilmember Fraley-Monillas asked whether there was a requirement for a certain percentage of interest in joining the EDBID. Ms. Clyborne answered that has not yet been vetted and is one of the reasons it is in the work plan. Discussions have been that it would be a majority of business owners. Councilmember Fraley-Monillas assumed the budget for the small grants program also covered hiring someone. Ms. Clyborne the $10,000 is to fund grants that members apply for to do projects that promote the scope of work and mission of the EDBID. Councilmember Fraley-Monillas said she misunderstood and thought the small grants program was to apply for grants. Councilmember Johnson expressed her appreciation for the hard work done over past two years and recognized a number of EDBID members in audience. She noted there was a great deal of overlap between the Strategic Action Plan and many of the EDBID’s activities which will help lighten Mr. Dougherty’s workload. Council President Buckshnis agreed the EDBID had done a good job but expressed concern about their accounting. She requested the EDBID provide the Council a comparison of the current and past budget and actuals in a regular financial format. She noted the 501(c)3 must be a separate set of books. Ms. Packet Page 118 of 312 Edmonds City Council Approved Minutes November 10, 2014 Page 6 Clyborne assured that information was available and can be provided to the Council as well as included in future annual presentations. Councilmember Mesaros asked how many members there are in the EDBID. Ms. Stuller answered there are slightly less than 350. Councilmember Mesaros echoed Councilmember Johnson’s comments, it is great to see this group coming together and working to improve the downtown and promote business and a place where people can enjoy doing their commerce. Councilmember Petso referred to public comment tonight regarding whether the City provided public notice that the EDBID would be formed via the resolution method. She asked whether that notice was required and whether it was provided. City Attorney Jeff Taraday explained the BID process can start either with a petition or a resolution. While there was a substantial effort put into collecting signatures for a petition, it was realized in course of the review of those signatures that it would not meet the legal standard for a petition and it was recommended the process be initiated by resolution which the Council did with Resolution 1284. Resolution 1285 stated the intent to initiate a BID, set forth the proposed uses and projects, estimated the levy rate, estimated the budget at $86,000, and established a public hearing for January 15, 2013 at 7 p.m. To his knowledge the public hearing was advertised as required. Following the public hearing, the City Council adopted Ordinance 3909 in which the petition method is mentioned in the first whereas clause but the second whereas clause references Resolution 1284 and the third whereas clause references Resolution 1285. Ordinance 3909, which formed BID and created new Chapter 3.75, was adopted by the City Council in early 2013. Councilmember Petso referred to the small grant program and asked if the grants are provided for things the BID could have done anyway, items that are consistent with their mission, whether it was simply an accounting entry. She asked whether the existence of small grant program created a legal problem for the City or the EDBID. Mr. Taraday answered the EDBID has to spend money for the purposes set forth in Chapter 3.75.030; as long as that is done, they are in compliance with the law. Mr. Doherty relayed he counseled Pascale Boisseau, who is overseeing the small grant program, to stay away from direct grants to property owners or business owners for their own projects and to stay with general programs/projects that fulfill the EDBID purposes and mission. There was discussion at a EDBID meeting that the volunteer board members have only so much bandwidth to take on projects; if a business owner wanted to take on a project such as more flowers, musicians during holidays/summer, or something else that was not currently offered, they could offer to spearhead the program and request funding from the EDBID. He summarized it was more than accounting; it was capacitating another member to do something that fulfills the EDBID’s mission. Councilmember Bloom asked Mr. Taraday to explain the effect of the resolution method on the operation of the EDBID from a legal standpoint. Mr. Taraday answered the method of initiation, whether petition or resolution, makes no difference. Either method of initiation still requires the next step, a resolution of intention to establish, a hearing and adoption by ordinance. In his opinion it was a distinction without a difference; it was not a meaningful distinction whether it was initiated by a petition or resolution. He recalled working with former Community Services/Economic Development Director Stephen Clifton, who wanted to convey to the City Council that while some of the signatures were not usable for legal purposes, there was substantial community support for the BID and that was the reason for the reference to the petition and the signatures gathered notwithstanding the fact that the BID was being initiated by resolution. Councilmember Bloom relayed her understanding that the City was wholly and totally responsible for the functioning of the EDBID. Mr. Taraday read from the statute, the legislative authority of the City shall have sole discretion as to how the revenue derived from the special assessments is to be used within the scope of the purposes. Councilmember Bloom commented if the Council has sole discretion, it would Packet Page 119 of 312 Edmonds City Council Approved Minutes November 10, 2014 Page 7 behoove the Council to look at the work plan very carefully to ensure it reflects the wishes of the membership that are being assessed. Councilmember Bloom recalled when the auditors were here, she asked who was responsible for the EDBID budget and for publishing the budget due to a question asked by an EDBID member regarding why the budget was not published on the EDBID website. Her understanding was the auditor said the EDBID is not an independently functioning body from the City. Finance Director Scott James answered that was his understanding. Councilmember Bloom asked what that meant from Mr. James’ perspective. Mr. James responded similar to this year, the EDBID presented their 2014 budget and work plan to the City Council. It was his understanding the 2014 budget was ratified by the Council, giving the EDBID budget authority, via their presentation to the Council. He assumed that was the EDBID’s intent tonight by presenting their estimated revenue and estimated expenditures. Council President Buckshnis requested Mr. Doherty rewrite the agenda memo for next week’s agenda to make it easier to read and describe the potential amendments and the EDBID’s responses. She suggested any other questions also be added to the agenda memo. Council President Buckshnis relayed a question from citizens whether there is a conflict of interest for Councilmembers who are members of the EDBID. Mr. Taraday responded the relationship between a Councilmember’s business, the EDBID and the vote to approve the EDBID’s budget are so tangentially related that it would not violate the special benefit rules that prohibit votes on contracts. Councilmember Johnson observed there has been a great deal of discussion about a public restroom in the downtown area. If it were funded by the EDBID, it would take five years of their budget to accomplish. She asked whether there had been any discussion at the executive level about downtown restrooms, recalling a recent presentation at the Economic Development Commission (EDC) that identified approximately ten public restrooms on the parameter of EDBID. Ms. Stuller explained John Dewhirst, EDC, presented to the EDBID. The EDBID sees this as a great opportunity to collaborate on a directory of public restrooms and/or businesses that are willing to share their restrooms publicly. The EDBID is interested in researching other creative solutions rather than building a new structure. If there were a push to construct public restrooms, the EDBID would be interested in contributing but it would not be a sole function of the EDBID. There are many businesses willing to share their restrooms with customers. Councilmember Johnson suggested a signage program with a restroom logo. Council President Buckshnis suggested the EDBID not get involved in capital programs of that nature and did not expect the EDBID to be responsible for constructing downtown restrooms. Although she appreciated the comment that the small grant program will not benefit individual businesses, Councilmember Petso said it is not actually in any of the documentation. She requested the Council be notified when the specifics of the grant program are developed. Ms. Stuller agreed that would be done. It was the consensus of the Council to schedule this on as an agenda item on a future agenda. 6. INTERLOCAL AGREEMENT FOR JAIL SERVICES WITH SNOHOMISH COUNTY Police Chief Al Compaan explained the agreement with Snohomish County is a three year agreement that would take effect January 1, 2015. There is an option for two additional three year terms with a commensurate rate adjustment over the term of the agreement. The City does the majority of its bookings with Snohomish County and it is an important part of the City’s overall criminal justice effort. The budget for jail and prisoner care in the 2015 budget is $650,000 in Non-Departmental. Packet Page 120 of 312 Edmonds City Council Approved Minutes November 10, 2014 Page 8 Councilmember Fraley-Monillas asked whether any of the cost is recouped for people who use the facilities. Chief Compaan answered generally no; some is recouped via work release or home monitoring. Councilmember Petso asked the percentage increase in costs under the new contract. Chief Compaan answered the rates are delineated in the agenda memo, an increase in booking fees and daily housing fees. The 2014 budget was $486,000; the 2015 budget is $650,000. Councilmember Petso asked whether that entire increase was linked to the Snohomish County contract. Chief Compaan answered yes. Councilmember Petso asked whether he was confident of the justification for the increases. Chief Compaan answered the City is subject to what Snohomish County presents. Snohomish County has had tremendous costs in prisoner medical and mental health care. To be proactive, Snohomish County is trying to increase the overall level of care in an effort to mitigate deaths or serious medical issues in the jail. Councilmember Petso observed it was a very large percentage increase and asked whether there were options. Chief Compaan advised the next agenda item is an option. Councilmember Fraley-Monillas explained if a person is on Medicare or Medicaid that coverage stops when they are incarcerated. For example, people with a mental health diagnosis who have been receiving medication, etc. while in the community, their insurance stops when they are incarcerated and medical care is the responsibility of the jail. She noted this may be different than it was before. It was the consensus of the Council to continue discussion regarding this agenda item as part of the next agenda item. 7. RENEWAL OF INTERLOCAL AGREEMENT FOR JAIL SERVICES WITH YAKIMA COUNTY Chief Compaan commented this is a similar contract for jail services with Yakima County; the rates are significantly lower but there are logistics with transporting prisoners to/from the Yakima County Jail. The intent would be to use the Yakima County Jail for more long term commitments such as in excess of 10- 14 days because it logistically is not worth transporting prisoners for commitments shorter than that. The Yakima County rate under the terms of this one-year contract is $54.75/day with no booking fee; Snohomish County’s general housing rate is $84/day and a booking fee of $115 for each prisoner. He summarized the Yakima County contract would provide significant saving and would be utilized for longer term commitments. Councilmember Petso observed the Snohomish County contract represented a 34% increase. She asked whether the contract included an annual increase. Chief Compaan answered the contract with Snohomish County sets out the rates for the 3-year term of the agreement. If the agreement is renewed, there is an escalator of 90% of the CPI for the subsequent renewal terms. Councilmember Mesaros asked whether Yakima County had the capability for video arraignment. Chief Compaan answered no, that should not be necessary because the case will have already been adjudicated. Mayor Earling advised Snohomish County informed the City that there would be substantial increases for all cities that utilize their services due to issues in the jail over the past couple years. Chief Compaan advised the rates at the Snohomish County Jail are still less expensive than King County. Council President Buckshnis recalled this was brought up at the Snohomish County Cities meeting. She relayed the increase was related to providing medical and mental health services. It was the consensus of the Council to schedule Agenda Items 6 and 7 on next week’s Consent Agenda. Packet Page 121 of 312 Edmonds City Council Approved Minutes November 10, 2014 Page 9 8. REVIEW & POTENTIAL APPROVAL OF UPDATED RIGHT-OF-WAY TREE MANAGEMENT POLICY Public Works Director Williams suggested following discussion the Council advise of any requested changes to the policy and staff will provide a clean copy at the Council’s next business meeting for action. Mr. Williams explained there are numerous references to trees in the Code. The definition of a street tree was unclear and the Tree Board recently provided a recommendation. Designated street trees covered by the Street Plan are limited to the downtown bowl. The issue tonight is related to trees located in City’s rights-of-way that not designated street trees, miscellaneous trees located in the rights-of-way that happen to grow there or were planted by property owners. The right-of-way is the area from edge of pavement to where the property owner has taken responsibility with their landscaping. A resolution in place since 1978 established guidelines for the trimming and removal of trees in the right- of-way but only authorize three reasons for trimming or removing a tree located in the right-of-way, all related to impacts the tree has on public infrastructure such as a waterline, road, sidewalk, etc. There is nothing in the policy that authorizes trimming or removing a tree if it is damaging or affecting private property or infrastructure such as sidewalk, driveway, lawn, a foundation, etc. The Tree Board began discussing this over a year ago. The proposed policy is the Tree Board’s recommendation to the Council. Mr. Williams proposed three changes to the Tree Board’s recommendation: 1. The Tree Board identified a tree in the right-of-way that this policy would apply to as a tree 6 inches or more in diameter. The 3rd bullet, of Section 1 Permit Required identifies any trimming of a tree over a height of 8 feet above the ground as measured from the downslope side of the tree. A tree 6 inches in diameter will certainly be over 8 feet tall. He recommended this bullet regarding height be removed as requiring a permit for trees 8 feet in height would result in regulating nearly every tree in the right-of-way. 2. Section 4, Review add “(as appropriate)” following the list of departments. 3. Section 5, Replanting. Revise the title to read, “Trees approved for removal are to be replaced as follows:” Mr. Williams highlighted the second bullet in Section 5, City staff/consulting arborist to review recommended tree replacement ratio and make a final determination on appropriate replacement ratio for the site. He described the process for trimming/removing a tree in the right-of-way: obtain a right-of-way permit, pay a minor or full right-of-way permit depending on the size of the tree and have an arborist write a letter stating one of the necessary criteria have been met. Staff will confirm the necessary criteria have been met and take steps as appropriate. It could be that removal is not necessary; root pruning or other less aggressive approach could address the issue. If a permit is issued, the homeowner hires a qualified tree service to trim/remove the tree. Under this policy a homeowner can obtain a permit do the work themselves if the action is only trimming, the branches will not fall in the improved section of the right- of-way and no power equipment will be used. He emphasize this would be a significant improvement; the code rewrite will pull together all the parts of the Tree Code. Council President Buckshnis viewed the trimming of a tree over 8 feet differently; her neighbors have trimmed very large trees simply to improve their view. She preferred that provision remain in the policy. She agreed those trees were over 6 inches in diameter. Mr. Williams answered if the tree was over 6 inches in diameter, they would be required to obtain a permit to trim or remove the tree. Most of the time a tree 6 inches in diameter would be over 8 feet. Packet Page 122 of 312 Edmonds City Council Approved Minutes November 10, 2014 Page 10 Councilmember Bloom agreed with Council President Buckshnis to retain the bullet regarding the 8-foot tree in the code if it was assumed every 6 inch diameter tree would be over 8 feet in height. Mr. Williams explained if that is retained, a permit, arborist letter, etc. would be required to remove a 1-inch tree that is 8 feet in height, a significant effort by the homeowner. Councilmember Bloom suggested changing the wording to over 8 feet above the ground and 6 inches in diameter. Councilmember Bloom asked for clarification regarding replanting. Mr. Williams explained the Tree Board provided a recommended replacement, recognizing replacement would not always be appropriate. This is general guideline for tree replacement but if the arborist and the City agree it would not be appropriate, the property owner would not be obliged to replant. Mr. Williams recognized tension between the title of the table, “Trees approved for removal are to be replaced as follows” and the bullet that follows that states “City staff/consulting arborist to review recommended tree replacement ratio and make a final determination on appropriate replacement ratio for the site.” Councilmember Bloom relayed one of the Tree Board’s goals is to increase the City’s canopy cover due to the many benefits associated with it; Edmonds has a lower canopy cover than even Seattle. The Tree Board wanted a replacement schedule to ensure removal of a large tree removed would require replacement by tree(s) that add to the canopy cover and be a correct tree for that particular area. She noted in many instances the trees are inappropriate for the location and that is the reason they need to be removed. She felt the replanting schedule was appropriate and suggested allowing a tree to be planted elsewhere on the individual’s property. Mr. Williams envisioned the arborist, staff and the homeowner would determine an appropriate location for the replacement tree(s). Councilmember Bloom referred to other options Mr. Williams mentioned such as root trimming, etc., asking whether that would be addressed by the arborist. Mr. Williams agreed it would. Councilmember Bloom asked whether that would be included in the code, recalling the Tree Board’s intent was that trees not be removed if the issue could be addressed in another manner. Mr. Williams assured the intent is to save the tree in its existing location if roots can be trimmed and the tree remain healthy and structurally sound. The City will rely heavily on certified, professional arborists to make that call and he was confident arborists will look for less aggressive solutions first. Councilmember Bloom asked who paid for the certified arborist to do the assessment, observing the City currently does not have an arborist. Mr. Williams advised this policy does not apply to tree trimming/removal done by the City. If staff identifies a tree that is unhealthy, a sight hazard or damaging the infrastructure, staff will initiate its removal. This policy addresses a tree that was damaging private property and the initiator would be the property owner who would pay the permit fee, hire the arborist to write the letter for review by staff before a decision was made. Councilmember Bloom observed the reference to City staff and consulting arborist is the review of the arborist’s report. She hoped the City would eventually have a City arborist. Mr. Williams agreed that would be a future recommendation. The code rewrite that will pull together all the tree regulations will be accompanied by some resource requests from staff. Councilmember Petso asked the cost of a right-of-way permit. Mr. Williams answered a minor right-of- way permit is $115; a full right-of-way permit is $380. Councilmember Petso asked how the right-of-way was defined; observing some trees in the right-of-way may be in an area landscaped by the homeowner. Mr. Williams answered most property owners have a good idea where the property line is; instead of leaving untended real estate between the edge of the pavement and the property line, often property owners will improve that area. To the extent there are trees in that area that interfere with the right-of- way, the City can initiate trimming/removal. A permit would be required if the homeowner wants to have a tree trimmed/removed. There may be occasions when it is unknown whether the tree is in the right-of- way or on private property although typically power lines, etc. will provide an idea whether the tree is in Packet Page 123 of 312 Edmonds City Council Approved Minutes November 10, 2014 Page 11 the right-of-way or on private property. Councilmember Petso observed the intent was to apply this policy to trees in the right-of-way regardless of what the homeowners may have done over the years. Councilmember Johnson referred to the asterisked comment at the end of Section 3, “Removal or trimming of trees located in City rights-of-way designed to enhance views from abutting properties will not be approved,” pointing out tree trimming for view enhancement would not be approved. Mr. Williams commented removal of a tree that is damaging infrastructure may also enhance views; that sentence refers to instances where the primary reason for altering the tree would be to supplement views. Councilmember Johnson recalled an example provided to the Parks, Planning & Public Works Committee, a mature cedar in the public right-of-way that was intruding onto a homeowner’s lawn. Mr. Williams agreed there was not a definitive answer. Enormous trees have roots that affect the homeowner’s yard, drop needles and block sun from the yard and house. He referred to the last bullet under necessary criteria in Section 3, which provides some latitude, “The tree has outgrown its location, is nearing the end of its healthy life, and should be replaced by a smaller, location appropriate tree.” He agreed there were examples of massive Redwood trees that may be affecting the homeowner’s property. It would be incredibly expensive to remove such a tree and if the tree was healthy, there may be tension between the public’s interest and the private interest. Council President Buckshnis suggested revising the 3rd bullet, Section 1 Permit Required to read, “Any trimming of a tree over a height of eight feet (8’) above the ground as measured from the downslope side of the tree and 6 inches in diameter.” It was the consensus of the Council for staff to make the requested modification and schedule review and approval on a future agenda. 9. DEVELOPMENT CODE MAJOR UPDATE Development Services Director Shane Hope explained staff has requested the funds previously allocated by the City Council and not spent in 2014 to be carried forward into 2015 to continue the code update. The Council can also consider adding funds in 2015 to complete more of the update. She described what has been accomplished to date: approximately $40,000 of the $150,000 allocated in 2014/2015 has been spent and $110,000 remains. In addition the Council allocated $80,000 over that 2- year period for the critical area regulations and Best Available Science report; that is underway and will continue into 2015. The Council also allocated $25,000 for the Tree Code and a $10,000 grant was obtained; those funds are expected to be expended by the end of 2014 and recommendations forwarded to the Council. Carol Morris, a legal consultant, reviewed the City’s code, wrote memos with suggestions and questions, suggested reorganization for chapters, and pointed out legal processes that needed to be considered. Those ideas can be incorporated into the next phase of the code update. Ms. Hope explained in the seven months she has been with the City she has generally reviewed the Development Code, heard from others about the gaps and perceived problems and reviewed Ms. Morris’ work. Next steps include preparing the code and public process which cannot be completed before the end of 2014. She proposed carrying forward the what remains of the $110,000 into 2015, recognize things that have been done and keep moving forward and for the Council to determine whether they wanted to add funds to the budget. The Planning Board has had several discussions about the code update this year; they suggested developing objectives, principles and high priorities for the code update. The packet includes a memo from the Planning Board regarding the code rewrite with regard to the public process, principles, and key objectives. Principles identified by the Planning Board include: • Consistency with current state law • Consistency with Edmonds Comprehensive Plan Packet Page 124 of 312 Edmonds City Council Approved Minutes November 10, 2014 Page 12 • Predictability • Some flexibility • Recognition of property rights • Clear, user-friendly language and format • Enforceability Objectives identified by the Planning Board include: • Ensuring reasonable and clear processes for all actions • Providing expanded and up-to-date set of definitions • Encouragement of appropriate development • Protection of critical areas and shorelines • Recognition of diverse neighborhoods and their characteristics • Encouragement of pedestrian-friendly and bicycle-friendly access • Encouragement of low impact stormwater management (consistent with Ecology rules) The Planning Board and the City Council have expressed interest in addressing key code provisions such as subdivisions, Planned Resident Development (PRD), nonconformance, appeals, variances, zoning amendments, criteria for conditional uses, and many other issues that are either not clear or in different areas of code or are confusing such as off street parking, trees, bicycle facilities, street and sidewalk restoration standards, accessory dwelling units, multifamily residential, notice procedures, etc. She recognized all 300 chapters could not be reviewed with what remains of the $150,000 which is the reason for Council discussing whether to allocate additional resources and whether it should be allocated this year or another year. Councilmember Petso asked for clarification of the $110,000; whether it is in included in the draft budget. Ms. Hope answered there is $85,000 carried forward into the 2015 budget; the intent is to spend $25,000 this year. If that is not accomplished, a budget amendment will be proposed in the first quarter. Councilmember Petso observed additional funds would be above and beyond the $85,000. Ms. Hope answered yes, if that was the Council’s desire. Councilmember Mesaros asked whether the rewrite would be done in a manner so that the code was logical and created a system so that another rewrite would not be required in the future. Ms. Hope agreed that was the intent, acknowledging codes will need to be revised in the future as changes occur over time. The intent is to have a more integrated code organized in a consistent, thoughtful manner. Councilmember Mesaros pointed out key to that will be ensuring new ordinances are consistent and do not create conflicts with previous decisions. Council President Buckshnis observed it will cost $500,000 to do the entire code rewrite, the Council already allocated $150,000 and the estimate for professional services is another $300,000. Ms. Hope agreed that could be the cost if the Council wanted to do everything at once in 1-2 years. The proposal is to utilize Ms. Morris’ work and issue an RFQ for the remaining $110,000. Any additional funds would be the Council’s choice to allocate. Council President Buckshnis asked what chapters would be addressed. Ms. Hope answered at least the ones she identified such as subdivision, etc. There are portions of items in various chapters. All the chapters cannot be addressed for that amount; however, some chapters do not need to be changed in substance or, like the building code, is updated every three years based on State law. Council President Buckshnis referred to the public comment that nothing had been done, relaying her belief a lot had been done. She asked Ms. Hope what she has done in the past in other jurisdictions. Ms. Hope advised there are some issues that need to be addressed sooner such as the tree policy, consolidating how animals are addressed in the police code and the development code, etc., as well as how to Packet Page 125 of 312 Edmonds City Council Approved Minutes November 10, 2014 Page 13 reorganize the code. Some cleanup items have been presented to the Council such as the definition of a legal lot and innocent purchaser. Council President Buckshnis asked whether the City could hire someone full-time to rewrite the code and whether that would be cheaper than a consultant. Ms. Hope answered it could be cheaper but would take longer whereas a consulting firm has numerous people who can work on it at once. Either way could work; the City would probably get more punch with a consultant. Council President Buckshnis asked what was done in Mountlake Terrace. Ms. Hope advised a consultant was hired for certain pieces and other sections were addressed in a logical framework. Councilmember Bloom asked how long it took Mountlake Terrace to complete the entire process. Ms. Hope answered about ten years. Councilmember Bloom relayed her primary concern was a code rewrite has been needed since it was first discussed in 2000. There was an allocation of $300,000 for a code rewrite in 2005 which she was told was put back into the General Fund and only a couple chapters were rewritten. She wholeheartedly supported allocating the full $300,000. She recognized the budget was tight but she was concerned that having code that was difficult for staff to enforce, contradictory and not consistent was actually costing the City more. She did not want to wait ten years for the code rewrite to be completed. She supported allocating the necessary funds to complete the rewrite in 2015, suggesting it funded in the budget, not from the $250,000 allocated to Council projects. Councilmember Johnson observed $40,000 was spent in 2013-2014 for Ms. Morris for some high level review and chapter reorganization. She asked whether Ms. Morris completed any chapter rewrites. Ms. Hope answered she completed a few but they were not written specifically for Edmonds and do not necessarily not work for Edmonds. Some pieces of the chapters she wrote can be used. Councilmember Johnson observed there was $85,000 carryover and $25,000 left this year, observing that would accomplish approximately 1/3 of what Councilmember Bloom recommended. Ms. Hope advised the $300,000 is in addition to the existing allocation. Councilmember Petso recalled when the City first started working with Ms. Morris, the intent was the code rewrite would not include policy changes; it would simply redo existing code. She asked whether that was still the plan. Ms. Hope answered yes, although some things may arise that are not consistent with the Comprehensive Plan or State laws have changed. Councilmember Petso requested as issues are come up, they be identified as either, 1) technical corrections to remove inconsistency, or 2) policy changes. Ms. Hope agreed there would be explanation for any proposed changes. Mayor Earling declared a brief recess. He advised Item 13 would be rescheduled to a future meeting. 10. PRESENTATION REGARDING LODGING TAX ADVISORY COMMITTEE'S RECOMMENDED 2015 WORK PROGRAM AND BUDGET Economic Development & Community Services Director Patrick Doherty distributed a summary of the Lodging Tax Advisory Committee’s (LTAC) 2015 work program and budget which he explained is different than previous years. The use of lodging tax is prescribed by State law. Cities over 5,000 that impose a lodging tax must appoint a LTAC. All use of lodging tax revenue must reviewed by the LTAC, the LTAC provides a recommendation to the City Council. This will clarify for the auditor that all the steps related to the LTAC review and approval and the Council’s review and approval have been followed. He explained 25% of the lodging tax revenue is allocated towards arts and cultural events that promote tourism. He referred to a list of those programs in the summary. The application for each event is included Packet Page 126 of 312 Edmonds City Council Approved Minutes November 10, 2014 Page 14 in the Council packet. The remaining 75% of lodging tax revenue is available for general tourism promotion activities, programs and services. He identified the uses of those funds: • Snohomish County Tourism Bureau • Greater Edmonds Chamber of Commerce Visitors Center • Edmonds Center for the Arts Season Brochure Arts/Culture/Tourism Ad • Puget Sound Bird Fest • Advertising/marketing for tourism • Professional services for tourism and arts/culture/events marketing and website implementation o $1,000/month contract with consultant Ellen Hyatt • Edmonds hosting the “RevitalizeWA 2015” Conference in May, organized by Washington State Trust for Historic Preservation and the Main Street Program (funded from the fund balance) Councilmember Fraley-Monillas inquired about the $1,000/month budget for Ellen Hyatt. Mr. Doherty advised it would be to maintain the new tourism website, the Facebook page and other social media, updating copy and imagery for the art advertising program, creating a strategic plan for getting the best bang for the buck for advertising, and pitching stories related to Edmonds. Council President Buckshnis recalled $2,500/quarter budgeted in the social medial policy. Mr. Doherty explained the City’s social media presence is different than the tourism related social media. The City’s social media presence and outreach is related to art, City functions, etc. This is specific to Visit Edmonds. The $1,000/month will cover 20 hours/month. Councilmember Bloom thanked Mr. Doherty for presenting this so clearly. She relayed the LTAC unanimously supported this recommendation. She supported having Ellen Hyatt’s efforts funded by lodging tax revenue. Councilmember Mesaros asked how many hotel properties there are in Edmonds and the number of hotel rooms. Mr. Doherty answered there are 6-7 hotels; he did not know the number of rooms but the annual projected revenue $90,000. It was the consensus of the Council to schedule this item on a future Consent Agenda. 11. DISCUSSION REGARDING THE 2015 PROPOSED CITY BUDGET Finance Director Scott James reviewed changes made to the budget since it was presented: Budget Book Page # Description Cash Increase (Decrease) General Fund 39 Executive Assistant Schedule Salary Step Increase ($4,314) 43 Advertising Expense ($4,200) 86 Small Equipment (Reduce DP #13) $2,200 26 Business Licenses & Fees (Increase Animal License Fee Revenue $27,770 26 Public Safety (Increase Grant Revenue from Dept. of Justice) $3,970 36 Public Safety (Increase Woodway Law Protection Revenue) $7,500 45 City Attorney ($87,440) Medical Plan Savings $295,393 Impacts to General Fund Ending Cash $ 32,926 Fund 111 Street Medical Savings $10,896 Packet Page 127 of 312 Edmonds City Council Approved Minutes November 10, 2014 Page 15 Impacts to Fund 111 Ending Cash $10,896 Fund 112 Street Construction 163 Construction (DP #36) ($100,000) 163 Interfund Services (DP #36) ($6,000) Impacts to Fund 112 Ending Cash ($106,000) Fund 120 Hotel/Motel Tax 94 Professional Services (increase budget per LTAC recommendation) $15,000 Impacts to Fund 120 Ending Balance $15,000 Fund 126 REET 1 166 Construction $200,000 166 Land ($200,000) Impacts to Fund 126 Ending Cash $0 Fund 130 Cemetery Fund Medical Savings Impacts to Fund 130 Ending Cash $1,727 Fund 132 Parks Construction 168 Land $1,300,000 168 Construction ($1,300,000) 168 Construction $200,000 Impacts to Fund 132 Ending Cash ($200,000) Fund 421 Water Utility Fund Medical Savings $19,871 Impacts to Fund 421 Ending Balance $19,871 Fund 422 Storm Utility Fund Medical Savings $11,151 Impacts to Fund 422 Ending Balance $11,151 Fund 423 Sewer Fund Medical Savings $31,870 Impacts to Fund 423 Ending Balance $31,870 Fund 511 Equipment Rental Fund Medical Savings $4,660 Impacts to Fund 511 Ending Balance $4,660 Mr. James reviewed challenges: Budget Book Page # Department Description Amount New Ongoing Public Safety Costs for the General Fund 59 Non-Dept’l Fire District 1 Services Contract $978,000 59 Non-Dept’l Prisoner Care $163,950 59 Non-Dept’l ESCA/SERS $9,300 59 Non-Dept’l SNOCOM $45,332 Impacts to General Fund Ending Cash $1,196,582 Mr. James advised the City continues to meet with Fire District 1 (FD1) regarding the service contract. Mayor Earling advised the Council will have an executive session regarding the FD1 issue next Tuesday. Council President Buckshnis asked what percentage the $978,000 represents and what it was based on. Mr. James responded it was 13%. The $978,000 is an accumulation of costs. When FD1 present their bill, they started with the base in 2009; FD1 negotiated a contract in 2010 in which they incurred higher cost Packet Page 128 of 312 Edmonds City Council Approved Minutes November 10, 2014 Page 16 but those increases were not passed on to the City. FD1 subsequently ratified their 2013-2014 contract which raised the base to at least $970,000 more, beginning in 2015. FD1 is still negotiating their 2015 contract. Council President Buckshnis observed this represents what is believed to be the settlement amount for retroactive pay as well as 2015. Mr. James answered those are separate issues. The retroactivity was slight more than 26% for the 2013-2014 union contract. Council President Buckshnis referred to the bill for $1.6 million and asked if the City would pay an additional 13%. Mr. James answered yes. When FD1 settled its contract, it raised the base which is $978,000 higher. FD1 also expects the City to assist with the retroactive pay. Councilmember Mesaros observed the City will be paying $1.6 million plus $978,000, actually $2.5 million. Mayor Earling clarified the $1.67 million is the amount FD1 has billed the City for retroactive pay; the $978,000 is a guestimate of the increase in next year’s budget. Mr. James relayed FD1 has acknowledged the retroactivity bill is very large and have offered to accept quarterly installments over two years. He advised there may be room for negotiation on the retroactivity amount; the City has presented its case. Councilmember Fraley-Monillas recalled former Finance Director Neumaier set aside funds for the increase. Mayor Earling responded the amount set aside was not enough. Mr. James advised the total cost for FD1 in the 2014 budget was $6.5 million; the City currently pays $6,220,000. Councilmember Fraley- Monillas whether there was a set aside in 2014 budget for the FD1 contract. Mr. James advised the budget included $6.5 million for FD1; he was not aware of any other set aside other than the contingency reserve. Councilmember Fraley-Monillas inquired about the $45,000 for SNOCOM. Mr. James advised that is their increased cost. New World may be operational next year which will include extra costs. In SNOCOM’s approved 2015 budget, Edmonds’ allocation increased by $45,000 from $888,000 to $934,000. Councilmember Fraley-Monillas expressed frustration that she has heard New World will be coming every year for the past five years. Mr. James agreed it was frustrating for all sides. Councilmember Petso relayed some of the changes have ongoing impacts, others are one year adjustments. She requested the Strategic Outlook be updated to reflect the changes. Mr. James continued his review of challenges: Budget Book Page # Department Description Amount General Fund 59 Non-Dept’l In 2016 Transfer to 617 Firemen’s Pension Fund S/B increased by: $10,000 59 Non-Dept’l In 2016 transfer to 009 LEOFF Fund S/B increased by: $100,000 59 Non-Dept’l In 2016 Transfer to 012 Contingency Fund S/B increased by: $442,800 Impacts to General Fund Ending Cash $552,800 Councilmember Fraley-Monillas relayed Councilmember Bloom and she have served on this board for the past few years and have advocated not to take money away from these programs. The biggest issue is as LEOFF members age, their needs increase to include in home care which is very expensive, as much as $70,000/person/year. There are 27 LEOFF members. Mr. James advised Finance is aware and concerned about it. This proposal is to begin the discussion regarding a fund balance policy. Council President Buckshnis relayed only $300,000 was spent last year and the estimated increase was $70,000. She did not object to the proposal or considering a policy. Mr. James advised the $533,000 was carried forward to bring the balance to over $700,000. Packet Page 129 of 312 Edmonds City Council Approved Minutes November 10, 2014 Page 17 Councilmember Petso observed there were 27 people in the LEOFF 009 and asked how many are in the 617 Firemen’s Pension Fund. Mr. James answered 4. Mr. James reviewed proposed Council allocations from the $250,000: Proposal # Description Cash Increase (Decrease) 1 Veterans Park Design ($10,000) 2 Train Trench Study ($90,000) & Peer Review ($10,000) ($100,000) 3 Highway 99 Study and Planning ($100,000) 4 Planned Action EIS (2015 Phase 1 $75,000, 2016 Phase 2 $75,000) ($75,000) 5 Council Meeting Video Taping ($6,500) 6 Building & Facility Maintenance Needs Study ($20,000) Subtotal of Allocations ($311,500) Amount Requests Exceed Balance to Allocate ($61,500) Councilmember Petso asked the target geographic location for the planned action EIS. Councilmember Johnson answered Highway 99. Councilmember Petso suggested she, Councilmember Johnson and Ms. Hope discuss this, relaying that a study area of that size was inconsistent with what she thought a planned action EIS was. Ms. Hope relayed it was her understanding $100,000 was proposed to be allocated for planning and standards for the Highway 99 corridor. Up to an additional $75,000 would be allocated for an EIS particularly related to traffic, environment, and aesthesis for a total of $175,000. A planned action EIS is a subarea plan and the size can vary. A special study is done for that area in which standards are analyzed and identified, etc. and an EIS is crafted for that option and 1-2 other options. The SEPA work will also be done. It is advantageous for development to have the EIS and SEPA done up front. For Council President Buckshnis, Ms. Hope advised both a subarea plan and a planned action become part of the Comprehensive Plan, eliminating the need for a Comprehensive Plan amendment process. Council President Buckshnis asked what area of Highway 99 would be analyzed. Ms. Hope advised that would be worked out in the next stage. Council President Buckshnis asked how the amount was determined. Ms. Hope answered $150,000 is a typical amount for a planned action. Council President Buckshnis asked whether the amount could be reduced to $50,000. Ms. Hope advised that could be done but $175,000 would provide a cushion. Councilmember Petso relayed her understanding a planned action was not done for a large area that has such different environmental conditions such as exist on Highway 99. For example, some intersections flow better than others, other areas, such as at the county line, are at a complete fail. The idea of doing one SEPA covering the entire length of Highway 99 seemed odd. She relayed information she found via a link on MSRC that states, as a result the city pays for studies and process that would normally be paid for by private applicants. Although there is no formal method under state law to recover the costs of upfront analysis, some jurisdictions have developed cost-sharing agreements with local property owners and associations interested in utilizing the planned action process. Councilmember Petso relayed her concerns, 1) the Council is being asked to subsidize private development, and 2) a planned action for a very large area, such as the entire length of Highway 99, leaves little opportunity for a cost-sharing agreement with a group of property owners versus the possibility for recouping costs if done in a targeted area. Ms. Hope responded this has been available via GMA for approximately 15 years. Initially the state wanted a way to fund these in perpetuity and gave grants to jurisdictions as pilot projects while they researched cost-sharing methods. There never have been any good cost-sharing methods for planned actions. Developers/property owners fund environmental work on a project-by-project, piecemeal basis, not for an entire area. Some local governments have done a planned action EIS to consider an entire area versus property-by-property as development occurs. Packet Page 130 of 312 Edmonds City Council Approved Minutes November 10, 2014 Page 18 Councilmember Fraley-Monillas relayed the initial thought was $150,000 would be needed to do the entire 2-mile stretch of Highway 99. Ms. Hope advised $100,000 plus $50,000 would cover the full planned action, codes and environmental analysis. She would work with the Council on determining the exact area. Councilmember Fraley-Monillas relayed her interest in participating in that. Council President Buckshnis referred to the $6500 for Council meeting videotaping, advising it is a necessity and in the future would be included in the budget. The intent is to utilize Senior Executive Council Assistant Jana Spellman as a legislative assistant for 4 hours/month and the proposed $6,500 would fund videotaping by Ms. Bevington. Councilmember Petso relayed the $250,000 is intended for onetime expenditures. She suggested building the cost for a legislative assistant and/or videotaping into the Council budget rather than from the Council allocations. Councilmember Fraley-Monillas suggested the Council discuss using the existing council assistant as a legislative aid. An option would be to reduce Ms. Spellman’s hours to 16/week. Council President Buckshnis supported having Ms. Spellman provide 4 hours/week as a legislative aid because she is already in the office, has history, is able to find things quickly, etc. Councilmember Bloom observed it appeared the council assistant’s hours would be increased and the additional 4 hours would be as a legislative assistant. Council President Buckshnis explained the council assistant previously worked 20 hours which included 4 hours videotaping Council meetings. She is unable to videotape evening meetings; therefore, her hours have been reduced to 16/week. She would like to have a 20/hour work week, an additional 4 hours/week. Council President Buckshnis proposed rather than an additional 4 hours as the executive assistant, she would act as a legislative aid for all Councilmembers 4 hours/week. Councilmember Bloom preferred to discuss what Councilmembers wanted in a legislative aid, identify a job description and the hours it would entail and include that in the Council budget. Council President Buckshnis advised Human Resources Manager MaryAnn Hardie, City Attorney Cates and Ms. Spellman have drafted a job description for the legislative aid; she will have it sent to the Council. Councilmember Bloom inquired about the Building and Facility Maintenance Needs Study. Councilmember Johnson advised it was not her idea but she wanted to champion it. This study was discussed at the Finance Committee and would provide an inventory of needs rather than operating in a break/fix mode. Mr. James explained this was done in Mukilteo; an inventory was done of all the buildings, parks, facilities that included the estimated life of all the components. Mukilteo’s study cost approximately $9,800; he added $10,000 due to Edmonds’ size. Councilmember Mesaros agreed the legislative assistant position description and an estimate of the hours needed to be done first. He was uncertain 4 hours/week would be sufficient to answer questions posed to staff and to provide data and information independent of what is provided by staff. Council President Buckshnis advised the proposal is 4 hours/week or 20 hours/month. She queried several Councilmembers regarding their needs for legislative assistant and it was not a full-time person. Her proposal was to utilize the existing person in that capacity. Councilmember Fraley-Monillas commented she spends a lot of time doing what a legislative aid could do. The current job specification for the council assistant is 4 hours/week videotaping and 16 hours in the Council office. She asked if the proposal was for the current council assistant to work in the office 20 hours/week and the $6500 would fund a person to videotape Council meetings. Council President Buckshnis relayed Ms. Spellman’s job duties have been reduced to 16 hours/week because she is unable to video evening meetings. Ms. Bevington has been videotaping 4 hours/week. Her suggestion to get Ms. Spellman back to 20 hours/week would be 4 hours/week as a legislative aid. Packet Page 131 of 312 Edmonds City Council Approved Minutes November 10, 2014 Page 19 Councilmember Fraley-Monillas observed Ms. Spellman will no longer videotape Council meetings. Council President Buckshnis advised that was correct at this time. Her contract will be adjusted to reflect she will no longer videotape Council meetings. Councilmember Fraley-Monillas commented some Councilmembers are interested in determining how many hours would be needed for legislative aid type work. Councilmember Petso commented she had not heard of people sharing a legislative assistant and the concept seems very odd. For example, one Councilmember may ask the aid to research what cities have done to help acquire parks; and another Councilmember may ask him/her to research what cities are doing to sell off surplus parks. She was hesitant to have a single, shared legislative assistant among seven people. 12. DISCUSSION ON THE PROPOSED 2015-2020 CAPITAL FACILITIES PLAN/CAPITAL IMPROVEMENT PROGRAM Due to the late hour, Mayor Earling advised this would be delayed to a future meeting. 13. CONTINUED DISCUSSIONS ON THE STUDY SESSIONS This item was rescheduled to a future meeting via action taken at the conclusion of Agenda Item 9. 14. MAYOR'S COMMENTS Mayor Earling advised Rick Schaefer, the Principle at Tetra Tech, was scheduled to make a presentation at the November 28 meeting. His father passed away so his presentation has been rescheduled to November 25. Mayor Earling thanked Council and staff who attended the Five Corners ribbon cutting last week. Staff and elected officials have endured a lot of bullets as that project moved along. Early reports, including some from people who were opposed to the roundabout, have been positive. Mayor Earling invited the public to the Veterans Day Ceremony at the Veterans Plaza at 11 a.m. 15. COUNCIL COMMENTS Council President Buckshnis advised she is working on the extended agenda. The Council will not be meeting on December 23 or 30. 16. CONVENE IN EXECUTIVE SESSION REGARDING PENDING OR POTENTIAL LITIGATION PER RCW 42.30.110(1)(i) This item was not needed. 17. RECONVENE IN OPEN SESSION. POTENTIAL ACTION AS A RESULT OF MEETING IN EXECUTIVE SESSION This item was not needed. 18. ADJOURN With no further business, the Council meeting was adjourned at 9:57 p.m. Packet Page 132 of 312 Edmonds City Council Approved Minutes November 18, 2014 Page 1 EDMONDS CITY COUNCIL APPROVED MINUTES November 18, 2014 The Edmonds City Council meeting was called to order at 6:30 p.m. by Mayor Earling in the Council Chambers, 250 5th Avenue North, Edmonds. ELECTED OFFICIALS PRESENT Dave Earling, Mayor Diane Buckshnis, Council President Kristiana Johnson, Councilmember Lora Petso, Councilmember Joan Bloom, Councilmember Strom Peterson, Councilmember (arrived 7:25 p.m.) Adrienne Fraley-Monillas, Councilmember Thomas Mesaros, Councilmember STAFF PRESENT Jim Lawless, Assistant Police Chief Phil Williams, Public Works Director Carrie Hite, Parks & Recreation Director Scott James, Finance Director Shane Hope, Development Services Director Patrick Doherty, Econ. Dev & Comm. Serv. Dir. Rob English, City Engineer Deb Sharp, Accountant Kernen Lien, Senior Planner Jeff Taraday, City Attorney Scott Passey, City Clerk Jerrie Bevington, Camera Operator Jeannie Dines, Recorder 1. CONVENE IN EXECUTIVE SESSION REGARDING PENDING OR POTENTIAL LITIGATION PER RCW 42.30.110(1)(i) At 6:30 p.m., Mayor Earling announced that the City Council would meet in executive session regarding pending or potential litigation per RCW 42.30.110(1)(i). He stated that the executive session was scheduled to last approximately 30 minutes and would be held in the Jury Meeting Room, located in the Public Safety Complex. No action was anticipated to occur as a result of meeting in executive session. Elected officials present at the executive session were: Mayor Earling, and Councilmembers Johnson, Fraley-Monillas, Buckshnis, Petso, Bloom and Mesaros. Others present were City Attorney Jeff Taraday, Finance Director Scott James and City Clerk Scott Passey. At 7:02 p.m. Mayor Earling announced to the public present in the Council Chambers that an additional 15 minutes would be required in executive session. The executive session concluded at 7:15 p.m. Mayor Earling reconvened the regular City Council meeting at 7:18 p.m. and led the flag salute. 2. ROLL CALL City Clerk Scott Passey called the roll. All elected officials were present with the exception of Councilmember Peterson. 3. APPROVAL OF AGENDA COUNCIL PRESIDENT BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER PETSO, TO REORDER THE AGENDA AS FOLLOWS: CHANGE ITEM 8 TO ITEM 11, ITEM 9 TO Packet Page 133 of 312 Edmonds City Council Approved Minutes November 18, 2014 Page 2 ITEM 10, ITEM 10 TO ITEM 8 AND ITEM 11 TO ITEM 9. MOTION CARRIED UNANIMOUSLY. (Councilmember Peterson was not present for the vote.) COUNCIL PRESIDENT BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER JOHNSON, TO HOLD THE PUBLIC HEARING FOR ITEMS 6 AND 7 AND MOVE THE DECISIONS FOR THOSE ITEMS TO FOLLOW ITEM 11. MOTION CARRIED UNANIMOUSLY. (Councilmember Peterson was not present for the vote.) 4. APPROVAL OF CONSENT AGENDA ITEMS Councilmember Petso requested Items C, D and E be removed from the Consent Agenda and Councilmember Bloom requested Item A be removed. COUNCIL PRESIDENT BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER PETSO, TO APPROVE THE REMAINDER OF THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. (Councilmember Peterson was not present for the vote.) The agenda items approved are as follows: B. APPROVAL OF CLAIM CHECKS #211469 THROUGH #211552 DATED NOVEMBER 13, 2014 FOR $1,797,077.68 (REISSUED CHECK #211496 $32.76). APPROVAL OF REISSUED PAYROLL CHECKS #61281 $33.11 AND #61282 $708.90 F. INTERLOCAL AGREEMENT FOR JAIL SERVICES WITH SNOHOMISH COUNTY G. RENEWAL OF INTERLOCAL AGREEMENT FOR JAIL SERVICES WITH YAKIMA COUNTY Item A: APPROVAL OF CITY COUNCIL MEETING MINUTES OF NOVEMBER 10, 2014 Councilmember Bloom requested the following corrections: • Page 6, 2nd full paragraph, 4th sentence, add “not” following “that it would.” • Page 6, 2nd full paragraph, 5th sentence, change “$86,00” to $86,000.” COUNCILMEMBER BLOOM MOVED, SECONDED BY COUNCILMEMBER JOHNSON, TO APPROVE ITEM A. MOTION CARRIED UNANIMOUSLY. (Councilmember Peterson was not present for the vote.) Item C: PUBLIC WORKS QUARTERLY PROJECT REPORT Councilmember Petso suggested the Public Works Quarterly Report should have been reviewed in a study session prior to scheduling it on the Consent Agenda. She relayed a question that she had emailed to Public Works Director Phil Williams: the quarterly report shows the City will be receiving a grant in December for a project on 76th Avenue. When Council last discussed that project, concerns were raised regarding access and the backup that occurs at Edmonds-Woodway High School and College Place Elementary. She questioned why the City would accept a construction grant prior to resolving the access issues. Mr. Williams responded this project provides an opportunity to address backups onto 76th that occur with student drop-off at Edmonds-Woodway High School. Staff has met with representatives from Edmonds-Woodway High School and the Edmonds School District; the conceptual solution is to turn the high school driveway into an exit only and move access to the drop-off area to 216th. Staff will work with Edmonds-Woodway High School to design improvements and striping on their property to allow drop-off to occur in an efficient and safe manner. That design has not yet been done; staff plans to present an amendment to the David Evans & Associates design contract at next week’s study session to add that issue and others. Once resources are available, a detailed design will begin. Packet Page 134 of 312 Edmonds City Council Approved Minutes November 18, 2014 Page 3 Councilmember Petso asked about a similar problem that occurs at College Place Elementary. Mr. Williams advised the design phase of the restriping project on the north end has not yet begun. Staff will work with Lynnwood and the Edmonds School District to accommodate the needs of College Place. He summarized staff is aware of the issue and it will be resolved during design. Councilmember Petso asked whether the grant was for the intersection improvements only. Mr. Williams answered yes. COUNCILMEMBER PETSO MOVED, SECONDED BY COUNCIL PRESIDENT BUCKSHNIS TO APPROVE ITEM C. Councilmember Bloom commented the quarterly report indicates the 2014 funds for Neighborhood Traffic Calming have been carried forward into 2015. She recalled those funds had been allocated to the SR 104 crosswalk. Mr. Williams relayed his understanding that a budget adjustment could be made to move those funds into the 2015 budget to supplement the $10,000 budgeted in 2015. The funds for the crosswalk were paid out of ending fund balance. MOTION CARRIED (6-0-1), COUNCILMEMBER PETERSON ABSTAINED. Item D: ADOPTION OF ORDINANCE NO. 3982 PROVIDING AMENDMENTS TO THE EDMONDS COMMUNITY DEVELOPMENT CODE (ECDC) MODIFYING THE DEFINITION OF "LOT" (ECDC 21.55.010), DEFINING "LOT OF RECORD" (ECDC 21.55.015) AND ESTABLISHING A PROCESS FOR DETERMINING "INNOCENT PURCHASER" (ECDC 20.75.180). (AMD20140001) Councilmember Petso explained she previously voted against this and will vote against it again. COUNCIL PRESIDENT BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER MESAROS, TO APPROVE ITEM D. MOTION CARRIED (6-1), COUNCILMEMBER PETSO VOTING NO. Item E: REPORT ON FINAL CONSTRUCTION COSTS FOR THE PUBLIC WORKS YARD WATER QUALITY UPDATES -DECANT FACILITY RETROFIT PROJECT AND PROJECT ACCEPTANCE Councilmember Petso inquired about the applicability of the City’s purchasing policy to the project; the agenda memo states in accordance with purchasing policies, the Public Works Director can authorize the bid as construction costs for the project were less than $50,000. As this project has an engineer’s estimate of $69,000 and total construction costs of $51,000, she would expect it to be classified as a project in excess of $50,000 and to follow that procedure in the purchasing policy. Mr. Williams answered staff tries to provide all the information about an entire project which is the intent of the purchasing policy. He agreed if the bids had been over $50,000, Mayor Earling’s signature would have been required. Councilmember Petso explained the reason for her questioning was recalling the experience with Haines Wharf. COUNCILMEMBER PETSO MOVED, SECONDED BY COUNCILMEMBER JOHNSON, TO APPROVE ITEM E. MOTION CARRIED UNANIMOUSLY. 5. AUDIENCE COMMENTS Farrell Fleming, Executive Director Edmonds Senior Center, referred to the proposed update to the Shoreline Master Program (SMP), specifically the restoration opportunity identified in the SMP that would pull back the parking bump-out at the senior center and align it with the bulkhead along the waterfront to restore beach habitat. If this restoration opportunity is pursued, he pointed out the Packet Page 135 of 312 Edmonds City Council Approved Minutes November 18, 2014 Page 4 importance of reducing the parking setback to 40 feet as allowed by the SMP. The senior center currently has 79 parking spaces; if the existing bump-out is retained and used for parking, initial studies show up to 109 parking spaces could be provided, a most desirable increase. If the bump-out is pulled back and there is a 40-foot setback, parking spaces will be reduced to 86. A 60-foot foot setback reduces parking below the existing amount. He envisioned the new building would be very popular and the more parking the better. Parking on the waterfront should not be the only consideration; restoring beach habitat and beautifying the area should weigh more heavily in the long run. These two needs, parking versus restoration need to be balanced in light of the public programming nature of the new community/senior center. To achieve that balance, a 40-foot setback is appropriate. At the point construction is ready to begin, the restoration project may be able to attract significant state and federal funds. Brent Malgarin, recalled at the last meeting when Pam Stuller advised there were approximately 350 members of the Edmonds Downtown Business Improvement District (EDBID), Councilmember Mesaros comment he found it surprising that all 350 supported the EDBID. He has been collecting signatures to shut down the EDBID because he is opposed to it on numerous levels. He has contacted 58 members, 48 have signed on to close it, 10 chose not to for various reasons. He summarized not all the members are in favor of the EDBID. Val Stewart, Edmonds, speaking as a resident and not a Planning Board Member, thanked the Council for their unanimous vote on October 21, 2014 to approve a 100-foot setback and 50-foot buffers in the Urban Mixed Use IV shoreline environment in the SMP which shows a commitment to preserving and enhancing the nearshore environment. With regard to Item 8, SMP adoption, she explained the senior center is in the Urban Mixed Use I environment; the Council will need to consider how parking setbacks fit into the overall scheme of beach restoration and public access. She requested the Council consider the following in their decision-making: hard shoreline armoring such as concrete bulkheads, seawalls and riprap is no longer allowed unless there are extreme circumstances. In the past these techniques were utilized to combat shoreline erosion threatening properties along the shoreline. It is now known that hardening a shoreline can endanger neighboring properties and threaten salmon and is best used as a last resort. She described soft shore stabilization which focuses on enhancing ecological functions. Hard armoring techniques use manmade materials not found on the site; soft shore stabilization utilizes natural materials found locally such as sand, gravel, large wood and native plants. A recent UW study showed more shorebirds inhabit unarmored beaches. The connectivity between adjacent beaches is also an important feature of natural shorelines. She suggested two goals for Urban Mixed Use I, to restore natural beach habitat and to preserve and enhance public access. Ron Wambolt, Edmonds, referred to the request by one Councilmember to allocate $100,000 from Council funds in the budget for a train trench study and Mayor Earling’s plans to request $1.25 million from the legislature for an alternatives study. He has also heard the Council plans to only spend $10,000 on a peer review of the study done by the consultant. He did not support spending any money on a specific remedy until a complete study of the alternatives has been conducted. He referred to incorrect information in My Edmonds News about the alternatives. He preferred to find out from experts what the right solution was before spending any money on a specific remedy. 6. PUBLIC HEARING ON 2015 PROPERTY TAXES Mayor Earling recalled the Council voted under Agenda Item 3 to move the decisions on Items 6 and 7 until later on agenda due to Councilmember Peterson’s request to be present for the decision. As Councilmember Peterson has arrived, he suggested moving the decisions back to those items. COUNCIL PRESIDENT BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER PETSO, TO MOVE DECISIONS REGARDING ITEMS 6 AND 7 BACK TO THOSE ITEMS. MOTION CARRIED UNANIMOUSLY. Packet Page 136 of 312 Edmonds City Council Approved Minutes November 18, 2014 Page 5 Finance Director Scott James described the 2015 Regular Property Tax Levy: • 2015 Budget Includes 1% Property Tax Increase • Assessor Shows City of Edmonds Assessed Values Increasing 10.8% (Increase in AV before adding in new construction) • New Construction adds $26.57 million Assessed Value He described the 2015 Regular Property Tax calculation for the City: Description Amount 2014 Levy Amount $9,819,161 Add New Construction $42,748 Add Allowance for Adjustments $32,985 Add Refunds $6,764 2015 Starting Point $9,901,658 Add 1% of 2014 Levy $98,192 Total 2015 Levy $9,999,850 Mr. James reviewed a graph of the ten year assessed property values history for the City, highlighting assessed values of $4.8 billion in 2005, peaking at $7.7 billion in 2009, and estimated at $6.7 billion in 2015. He provided a graph of the rate per $1,000 of assessed value history, highlighting a rate of $1.69 in 2005, $1.19 in 2008, $1.76 in 2013 and projected to be $1.47 in 2015. He provided an overview of the 2008 – 2015 EMS Tax Levy: • In 2008 citizens voted to make the EMS Levy a permanent $0.50 levy • During 2010 – 2013 assessed property values declined • During this span of time Edmonds assessed value dropped just over 31% • EMS levy cannot exceed $0.50 • In a declining assessed value environment the City’s EMS levy also declines Mr. James provided a comparison of EMS Tax Levy 2009-2015 Year Action EMS Levy Levy Savings 2009 $0.50 Permanent EMS Levy becomes effective $3,854,605 $0 2010 Assessed Values Decline 9.8% $3,477,741 $376,864 2011 Assessed Values Decline 7.5% $3,216,629 $637,976 2012 Assessed Values Decline 9.9% $2,897,322 $957,283 2013 Assessed Values Decline 4.3% $2,772,620 $1,081,985 2014 Assessed Values Increase 10% $3,051,206 $803,399 2015 Assessed Values Increase 11.3% $3,395,376 $459,229 $4,316,736 He reviewed a graph of EMS Property Tax Rate per $1,000 of assessed value history, highlighting $0.47 in 2005, $0.32 in 2008, and permanent levy effective in 2009. He described the 2015 EMS Property Tax calculation for the City: Description Amount 2014 Levy Amount $3,051,206 Add New Construction $13,283 2015 Levy 3,064,489 Add ”Banked Capacity” $330,887 Total 2015 Levy $3,395,376 Packet Page 137 of 312 Edmonds City Council Approved Minutes November 18, 2014 Page 6 Mr. James explained why City administration is recommending these tax increases: 2015 New Ongoing Costs: Fire District 1 Services Contract $978,000 Prisoner Care $163,950 ESCA/SERS $9,300 SNOCOM $45,332 Impacts to the General Fund $1,196,582 Future Financial Challenges In 2016 Transfer to 617 Firemen’s Pension Fund S/B increased by: $10,000 In 2016 transfer to 009 LEOFF Fund S/B increased by: $100,000 In 2016 Transfer to 012 Contingency Fund S/B increased by: $442,800 Impacts to General Fund $552,800 Total Impact to General Fund $1,749,382 Mr. James summarized the above financial challenges have no new ongoing source of revenue. He described the impact of the tax increases: • 2014 Average Residence Value: $351,100 • 1% Regular Tax Levy Increase: $5.65 • Keeping EMS Levy at $0.50: $18.96 • Average Residence would pay $24.61 in 2015 • Or about $2.05 per month extra Mayor Earling opened the public participation portion of the public hearing. There were no members of the public present who wished to provide testimony and Mayor Earling closed the public participation portion of the hearing. COUNCIL PRESIDENT BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO APPROVE ORDINANCE NO. 3983, LEVYING 1% REGULAR PROPERTY TAX INCREASE FOR 2015, LEVYING 11% EMS TAX INCRASE AND LEVYING $925,309 FOR PUBLIC SAFETY VOTED DEBT FOR PUBLIC SAFETY COMPLEX. Councilmember Bloom asked whether the 11% increase in the EMS tax increase was equal to the $0.50 EMS levy. Mr. James answered yes, it would bring the levy up to $0.50. Councilmember Bloom observed the voters already approved a $0.50 EMS tax levy. MOTION CARRIED UNANIMOUSLY. 7. PUBLIC HEARING AND POTENTIAL ACTION ON 2014 AMENDMENTS TO THE COMPREHENSIVE PLAN Development Services Director Shane Hope explained the Council previously discussed these amendments, they were reviewed by the Planning Board and a recommendation forwarded to the City Council and the Council had further discussion in August. She identified the proposed amendments: • Replace the existing Parks, Recreation and Open Space (PROS) Plan with the plan approved by Council in February 2014 • Replace the existing Community Cultural Plan with the plan approved by Council in February 2014 • Text amendment regarding Westgate o Does not change the code Packet Page 138 of 312 Edmonds City Council Approved Minutes November 18, 2014 Page 7 o Work with the existing code or the proposed code for Westgate. Parks & Recreation Director Carrie Hite explained there was a robust public process to develop the PROS Plan and Community Cultural Plan. The Planning Board vetted the plans in December 2013 and held a public hearing on January 8, 2014. The Council reviewed the plans and held two public hearings on February 4 and 25 and unanimously approved the plans on February 25, 2014. The plans have been submitted to the State to be eligible for the grant process; grants were due May 1, 2014. This is basically a housekeeping amendment; the City has traditionally included the PROS and Community Cultural Plans in the Comprehensive Plan. Ms. Hope advised the Capital Facilities Plan (CFP) is not part of this proposed amendment. That will be considered as part of the budget process and a future amendment to the Comprehensive Plan. Mayor Earling opened the public participation portion of the public hearing. There were no members of the public present who wished to provide testimony and Mayor Earling closed the public participation portion of the hearing. Councilmember Bloom referred to the Westgate text language and asked the difference between mixed use and a mix of uses and why mixed use was selected rather than mix of uses. Ms. Hope responded they can mean the same thing; mixed use refers to a mix of different types of uses. Councilmember Bloom relayed her understanding of Ms. Hope’s explanation that using one or the other would not limit where uses could be placed on a site and would allow room for whatever final decisions is made regarding Westgate. Ms. Hope agreed. Councilmember Petso referred to discussions regarding flexible mixed use on Highway 99 such as commercial development at the front of a site and residential toward the back instead of the standard mixed use with residential over commercial. She asked whether the term mixed use would include both types of development. Ms. Hope answered it would allow full flexibility. COUNCIL PRESIDENT BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER MESAROS, TO APPROVE ORDINANCE NO. 3984, AMENDING THE CITY OF EDMONDS COMPREHENSIVE PLAN; ADOPTING THE 2014 PARKS RECREATION AND OPEN SPACE PLAN AND THE 2014 COMMUNITY CULTURAL PLAN AS ELEMENT S OF THE CITY OF EDMONDS COMPREHENSIVE PLAN TO REPLACE THE EARLIER VERSIONS OF THOSE ELEMENTS; AMENDING SUBSECTION C OF THE COMMERCIAL LAND USE CHAPTER OF THE LAND USE ELEMENT TO INCORPORATE NEW LANGUAGE FOR T HE WESTGATE NEIGHBORHOOD. MOTION CARRIED UNANIMOUSLY. 8. INTENT TO APPROVE SHORELINE MASTER PROGRAM Senior Planner Kernen Lien reviewed the City approval process: • Assemble complete draft SMP • Complete SEPA review and documentation • Provide Growth Management Act 60-day notice of intent to adopt • Hold public hearing • Prepare a responsiveness summary • Approve SMP and submit to Ecology • Demonstrate compliance with Guidelines He explained Ecology’s approval process generally takes six months to complete. The process for a “minor” amendment is the same as a full blown SMP update. He reviewed the ecology approval process: • Provide public notice and opportunity for comment Packet Page 139 of 312 Edmonds City Council Approved Minutes November 18, 2014 Page 8 o Minimum 30 day comment period o Send comments to local government within 15 days o Local government has 45 days to prepare response to comments • Prepare decision packet o 30 days after receiving response to comments, Ecology prepares decision packet o Ecology may: Approve the submitted SMP amendment as is Approve the SMP amendment subject to required changes Delay the SMP Amendment • Work with local government to finalize SMP amendment approval He explained with the proposal to redevelop the Edmonds Senior Center building, questions arose regarding how the SMP applies to the site. The SMP Restoration Plan includes a restoration opportunity: relocation of parking lot (bump-out) to restore beach habitat. In the proposed SMP relocation has been changed to reconfiguration to address the bump-out, not relocation of the entire senior center parking lot. He identified the bump-out on an aerial photograph, explaining the bump-out was constructed in the early 1960s for the geodesic dome that was brought up from the Seattle’s World Fair. He provided a photograph of the bump-out from the beach level and the seawall project completed in 2003. The restoration project would be to remove the bump-out and line up the beachfront. Mr. Lien identified SMP regulations that apply to the Senior Center development: • Urban Mixed Use I Environment • Senior Center structure o 15-foot setback o 30 feet in height • View corridor o 30% of parcel width o Adjacent to north or south property line, whichever will result in the widest view corridor given development on adjacent properties • Parking o 60-foot setback He described parking setback reductions allowed in the Urban Mixed Use II: • 1 square foot for every foot of walkway or publically accessible open space • Minimum 40-foot setback He displayed a potential site plan for the senior center, identifying the 60-foot parking setback. The parking in the site plan is similar to the existing parking; he identified the area of parking that would be considered a nonconforming use and could continue as a nonconforming use. An option would be to apply the parking setback flexibility allowed in Urban Mixed Use II to the Urban Mixed Use I. For Councilmember Bloom, Mr. Lien explained within the Urban Mixed Use I environment where the senior center is located, the parking setback is 60 feet and there is no option to reduce it to 40 feet. In Urban Mixed Use II, the setback can be reduced 1 foot for every lineal foot of walkway or square foot of open space provided to a minimum of 40 feet. He displayed a potential site plan if the bump-out was removed and the parking setback reduced. Councilmember Petso asked what other properties would be affected by a change to allow the parking flexibility in Urban Mixed Use I. Mr. Lien identified the properties in the Urban Mixed Use I environment, advising all properties in that area could benefit from the setback reduction. Packet Page 140 of 312 Edmonds City Council Approved Minutes November 18, 2014 Page 9 Mr. Lien identified the provision for parking setback reduction flexibility in 24.60.080.D.3.c; the Council could approve a change to allow the parking setback reduction flexibility that applies to Mixed Use II to apply to Urban Mixed Use I. COUNCIL PRESIDENT BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO HAVE THE PARKING SETBACK FLEXIBILITY IN URBAN MIXED USE II APPLY TO URBAN MIXED USE I. Councilmember Johnson asked how long the 60-foot setback had been in effect in the SMP. Mr. Lien answered at least since the SMP was last updated in 2000. Setbacks differ for parking and structures, largely because parking is not considered a priority use within the shoreline area. The parking setback flexibility may have been allowed for the Urban Mixed Use II zone because that zone largely applies to the marina where parking is important and where there is a water dependent use versus the Urban Mixed Use I zone where uses are office space and some residential. Councilmember Johnson asked if a 60-foot setback was consistent with any grant or State regulation. Mr. Lien answered not that he aware of. MOTION CARRIED UNANIMOUSLY COUNCIL PRESIDENT BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER JOHNSON, TO APPROVE RESOLUTION 1326, EXPRESSING INTENT TO ADOPT AN UPDATE TO THE SHORELINE MASTER PROGRAM. MOTION CARRIED UNANIMOUSLY. 9. DISCUSSION ON THE PROPOSED 2015-2020 CAPITAL FACILITIES PLAN/CAPITAL IMPROVEMENT PROGRAM City Engineer Rob English recalled a presentation was made to Council in October; this discussion has been carried forward for several Council meetings. Staff’s recommendation is to approve the 2015-2020 Capital Improvement Program (CIP) and an ordinance be prepared to adopt the 2015-2020 Capital Facilities Plan (CFP) with the budget. Councilmember Johnson commented there is one new project description related to the senior center. Parks & Recreation Carrie Hite highlighted two changes, the first in the CFP related to the senior center. A rebuild of the senior center has been in the CFP for quite some time. That has been revised to reflect that the non-profit will rebuild the senior center and the City’s responsibility will be to rehabilitate the grounds and beach access surrounding the senior center when construction begins. The second change is the addition of the Veterans Plaza in the CIP which includes a project description, project benefit rational and a $10,000 initial budget based on Councilmember Peterson’s recommendation. Council President Buckshnis relayed she has provided input to staff regarding funding for the Sunset Avenue project. She agrees with keeping that project on the list but preferred to see how the design goes before estimating the cost. She felt including $2 million in 2018 was premature. Councilmember Fraley-Monillas asked whether the funding was included as a placeholder. Mr. English responded if the City applied for a construction grant in the future to build something more permanent such as sidewalks and facilities on the south and north end, it would be appropriate to have the $2 million in the plan. If the Council chose to construct something less, it was better to have the funds in the plan than to have no funding. Councilmember Fraley-Monillas supported retaining the full $2 million. Councilmember Petso suggested restoring the project description back to a walkway versus a multiuse pathway. She asked why that was not recommended by staff. Mr. English answered that could be done, it was up to the Council. Public Works Director Phil Williams agreed that could be done, pointing out a Packet Page 141 of 312 Edmonds City Council Approved Minutes November 18, 2014 Page 10 multiuse path was the intent when staff applied for the design grant. The trial project in place on Sunset Avenue, recommended to be in place for one year, will allow the public to experience the geometry and for the Council and public to evaluate the results. He explained the important of gaining some experience with the multiuse pathway. If it is discovered via that experience that it does not work, the City would have the justification to return to the granting agencies and request a change. If the Council decides to change it to a walkway that does not allow wheeled vehicles like bicycles, etc., that experience cannot be gained and it will look like the City changed its mind rather than having any documented reasons. Council President Buckshnis explained the reason she wanted to remove/lower the dollar amount was to provide the Council more control over determining whether or not to continue with a multiuse path. Mr. Williams assured the Council has total control over the project. The project has not yet been designed; there have been concepts proposed and there is the current trial. At the end of the trial there will be many opportunities for the Council and public to comment on the final geometry. The $2.099 million in funding is in 2018 because the funds are not available and the project has not yet been designed. It is important to have a project and funding in the out years to show the City is thinking about a project that will cost more than a trivial amount of money. Councilmember Fraley-Monillas preferred to retain multiuse in the description at least until the trial period is concluded. Council can change how much is spent on the project, however, changing the project to a walkway at this time defeats the purpose of the trial multiuse pathway. For the granting agency and the public, Councilmember Petso stated her opinion that the concept has been tested and it does not work. The two things that do not work are, 1) the angle parking, and 2) the multiuse pathway. The angle parking is unsafe for drivers backing out and she has witnessed people using the pathway crossing the street to the sidewalk when they see a bicycle approaching. She was hopeful that would be sufficient to persuade the granting agencies should that issue arise. The project was originally on the CIP as a walkway project, people enjoy it as a walkway and she preferred to return to a walkway. Councilmember Johnson asked what the project description was in last year’s CIP. Mr. Williams answered it has been called the Sunset Avenue Walkway. There was an expectation when staff interacted with the granting agencies that a multiuse pathway would be built. His intent is to protect the funds spent to date to bring the project to this point to avoid the granting agencies requesting the money back because the City did not build what they said they were going to build. The project description in the 2012 CIP is to develop a 200-foot trail with the expansive views of Puget Sound, Olympic Mountains and train to connect downtown businesses to surrounding neighborhoods, water access points and the existing parks. The details state the walkway will be ADA accessible and will accommodate walkers, joggers, bicycles, picnickers and those who would enjoy the view. Councilmember Bloom agreed with Council President Buckshnis about removing the amount, explaining the project is very controversial and there are a lot of strong feelings on either side. She will find it difficult to approve the CFP/CIP until the issues related to the Sunset Avenue Walkway have been resolved. She commented this discussion has been scheduled on the agenda on two prior occasions but as removed due to lengthy agendas. There were a number of items on the CFP/CIP that she wanted to discuss further and she felt the Council could not vote on the CFP/CIP tonight without an opportunity for a thorough discussion. Main Motion COUNCILMEMBER PETERSON MOVED, SECONDED BY COUNCILMEMBER MESAROS TO APPROVE THE DRAFT 2015-2020 CAPITAL IMPROVEMENT PROGRAM (CIP) AND DIRECT AN ORDINANCE BE PREPARED TO ADOPT THE 2015-2020 CAPITAL FACILITIES PLAN (CFP). Packet Page 142 of 312 Edmonds City Council Approved Minutes November 18, 2014 Page 11 Councilmember Bloom reiterated the Council has not had enough opportunity to discuss the individual projects on the CFP/CIP. For example the alternatives study is still a large issue; it has been discussed for two years and each time it becomes increasingly confusing as to what the study will consider. Councilmember Mesaros spoke in favor of the motion as well as including $2 million for the Sunset Avenue Walkway project. He emphasized these are not final project plans; it is declaring the City’s intent. The projects will still return to the Council for approval and there will be tremendous opportunities to discuss projects and even discard them. Amendment #1 COUNCILMEMBER PETSO MOVED, SECONDED BY COUNCILMEMBER BLOOM, TO AMEND TO POSTPONE UNTIL NEXT WEEK’S WORK SESSION. Council President Buckshnis anticipated the CFP/CIP would have been discussed at a study session as there are some contentious items. With regard to whether to include the $2 million for the Sunset Avenue Walkway, she commented there are two sides to every story. The CIP is a wish list; in a perfect world the CIP could match the budget. She supported moving the discussion to a study session. Councilmember Fraley-Monillas commented Councilmembers’ minds are already made up with regard to the walkway, it was no secret and it had been going for months. She asked, 1) what would be gained by postponing the discussion to another study session where Councilmembers could just agree to disagree again, and 2) when does the CFP/CIP need to be completed and adopted. Mr. English answered the CFP can be adopted with the Comprehensive Plan amendment which was done earlier tonight or when the budget is approved. The CIP is a guidance tool for the budget; it should be adopted ahead of or with the budget. If the Council approved the CFP/CIP tonight, Councilmember Fraley-Monillas asked whether individual projects could come back to Council such as the at-grade separation or the walkway. Mr. English responded the Council could bring specific projects back for discussion. If any project moves forward, there are milestones for City Council approval such as the design consultant, etc. Councilmember Fraley- Monillas observed approving the CFP/CIP with the Sunset Avenue Walkway did not give staff authorization to build it. Mr. English assured pros/cons will be discussed with the Council and public at the end of the trial. Councilmember Peterson asked whether the Alternatives Analysis was in last year’s CFP/CIP. Mr. English recalled a lengthy discussion last year regarding the title of that project. Councilmember Peterson understood there is a lot of controversy regarding the Sunset project but the Council has discussed that project a great deal. There have been fairly extensive discussions regarding most of the other projects as well. The reason he made the motion to approve the CFP/CIP is to take some action and he was unsure what the purpose of postponing would be. He did not support the motion to postpone to next week’s study session, finding the CFP/CIP has been discussed enough. Councilmember Petso referred to inconsistencies between the budget and CIP for 2015 and asked what happened if the budget and CIP did not match. She has discovered at least four instances where they do not match. Mr. English responded there is no specific requirement that the CIP mirror the budget but they should as the CIP is a planning level document. Councilmember Petso recalled in in prior years if the budget included funds in 2015 for a project, the CIP showed the same amount and the CIP description was added to the budget book. It does not appear that was done this year; there are different amounts and different projects. Mr. English expressed interest in the differences she had discovered; it was his understanding Councilmember Petso’s questions had been addressed by the Finance Director. Councilmember Petso said postponing until next week would provide an opportunity for the Council to adopt a CIP that agrees with the budget because they currently do not entirely match. Packet Page 143 of 312 Edmonds City Council Approved Minutes November 18, 2014 Page 12 Councilmember Petso asked in what year the Alternatives Analysis was funded. Mr. English answered there is $1 million in 2019 and $1 million in 2020. Councilmember Petso commented that project, which formerly was imminent, had been pushed out to 2019. Mr. English agreed, noting the first three years of the CIP are constrained; projects in the first three years have secured funding or funding is reasonably expected to be secured. Funds for the Alternatives Analysis are not secured; therefore, that project is in the second three years. Mr. Williams advised if the budget and CIP do not match, the budget is controlling as only what is authorized in the budget can be spent. If more was listed in the CIP for a project than was included in the budget, a budget amendment would be required. Mr. Taraday agreed the budget controlled. If the Council wanted to spend money on a preliminary analysis of a train trench and peer review, Councilmember Petso asked whether the train trench would need to be in the CFP/CIP or was that a separate budget item. Mr. English answered the Council could chose to add it to the budget regardless of whether it was in the CIP. City Attorney Jeff Taraday commented there is no RCW that controls the CIP and it can be amended at any time. The CFP, which is part of the Comprehensive Plan and technically subject to the once a year limitation, can also be amended in conjunction with a budget amendment. Councilmember Petso asked whether the CIP needs to be revised to reflect decisions the Council makes during budget deliberations. Mr. Taraday answered because there is no RCW that speaks to the CIP, it is not illegal for the two documents to be inconsistent although he assumed the intent was for them to be consistent. To the extent there was any conflict, the budget controls. Councilmember Petso observed there are projects in the CIP that are inconsistent with the Comprehensive Plan such bike lanes on 76th in the CIP and bike lane on 84th in the Comprehensive Plan. Mr. Taraday responded the CIP and CFP are intended to be consistent. Because the CIP does not have a State law effect, to the extent there is an inconsistency, the CFP controls over the CIP. The CFP is adopted by ordinance as part of the Comprehensive Plan; the CIP is an internal document. Call for the Question COUNCIL PRESIDENT BUCKSHNIS CALLED FOR THE QUESTION. UPON ROLL CALL, CALL FOR THE QUESTION CARRIED (4-3), COUNCIL PRESIDENT BUCKSHNIS AND COUNCILMEMBERS BLOOM, JOHNSON AND PETSO VOTING YES; AND COUNCILMEMBERS FRALEY-MONILLAS, MESAROS AND PETERSON VOTING NO. Councilmembers misunderstood that the above vote was for the Call for the Question. Reconsider COUNCILMEMBER PETERSON MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO RECONSIDER THE MOTION FOR THE CALL FOR THE QUESTION. MOTION CARRIED UNANIMOUSLY. Action on Call for the Question MOTION CARRIED UNANIMOUSLY. Action on Amendment #1 UPON ROLL CALL, AMENDMENT CARRIED (4-3), COUNCIL PRESIDENT BUCKSHNIS AND COUNCILMEMBERS BLOOM, JOHNSON AND PETSO VOTING YES; AND COUNCILMEMBERS FRALEY-MONILLAS, MESAROS AND PETERSON VOTING NO. Action on Main Motion COUNCILMEMBER PETERSON WITHDREW THE MAIN MOTION. Packet Page 144 of 312 Edmonds City Council Approved Minutes November 18, 2014 Page 13 Mr. Williams requested Councilmembers email staff regarding what they would like to discuss at the study session. Mayor Earling commented what was lost in the Council’s discussion was the fact that the Council ultimately must approve any project before it moves forward which provides plenty of opportunity for investigation and detailed discussions. The decision on the CFP and CIP is in fact not a final decision but simply to keep projects on a list. In some cases it is a wish list; not including any indication of the value on the wish list such as for the Sunset Avenue project begins to neutralize the City’s ability to obtain grants. 10. AUTHORIZATION FOR A SOLE SOURCE PROCUREMENT OF DIGITAL UNIVERSAL CAMERA (DUC), STEERABLE PIPE RANGER VIDEO TRANSPORTER AND APPURTENANCES TO RETROFIT THE PUBLIC WORKS SEWER VIDEO CAMERA TRUCK Public Works Director Phil Williams explained the Public Works sewer video truck is used to periodically video the sanitary sewer pipe system to look for defects; those repairs are then added to the Wastewater CIP. The same needs to be done in the storm system which will require an expansion of the current capabilities. The proposed purchase of a higher definition camera will allow staff to video-inspect both sewer and storm pipes using the existing Cues truck/chassis, software and equipment. Cues has an approximately 80% market share in the State of Washington for this type of equipment. The new camera is compatible with an existing chassis and the proposal also includes the purchase of an updated chassis, Pipe Ranger 2. The intent is to begin videoing both storm and sewer pipes late 2014/early 2015. Mr. Williams explained the Storm Fund will pay the Sewer Fund for the trained staff to operate the truck; the cost of the equipment will be shared by the two utilities. In the interest of consistency spare parts, existing training, it is preferable to continue with the existing company, Cues, the reason for the recommendation for sole source procurement. The packet also includes a Vendor Certification stating Cues has not offered this at lower price to other clients. For example, Seattle paid $98,000 for the camera last year; Edmonds’s price is $91,000. He summarized this is a good case for a sole source procurement and he recommends Council approval. Councilmember Petso referred to an email the Council received tonight questioning the appropriateness of the sole source procurement. She asked why this was not first discussed at a study session. Mr. Williams answered it would typically have been discussed at a study session; however, the order needs to be submitted in a couple days in order to pay for it out of the 2014 budget. He assured no additional or different information would have been provided at a study session. Councilmember Petso asked whether the Finance Director had reviewed the sole source procurement and the concerns raised by the citizen. Mr. Williams advised it is not a finance question; the question is whether it meets the criteria in the City’s purchasing policy for a sole source procurement. Councilmember Petso asked whether the policy requires that other vendors be contacted. Mr. Williams answered no. Councilmember Petso asked whether there was a requirement for a firm or not to exceed price. Mr. Williams referred to the letter from Cues that outlines the cost. He assured if the invoice from Cues does not match their quote, it will not be approved. COUNCILMEMBER PETERSON MOVED, SECONDED BY COUNCIL PRESIDENT BUCKSHNIS, TO APPROVE THE RECOMMENDED SOLE SOURCE PROCUREMENT FROM CUES, INC. OF A VIDEO CAMERA SYSTEM AND VARIOUS SUPPORTING ATTACHMENTS. Council President Buckshnis clarified the reason this vendor was selected was because the City has the equipment that fits this camera. Mr. Williams provided an analogy, rather than purchasing Toyota headlights and adapting them to fit your Honda, it is preferable to purchase Honda headlights. Packet Page 145 of 312 Edmonds City Council Approved Minutes November 18, 2014 Page 14 MOTION CARRIED UNANIMOUSLY. Mayor Earling declared a brief recess. 11. DISCUSSION AND POTENTIAL ACTION ON THE PROPOSED EDMONDS DOWNTOWN BUSINESS IMPROVEMENT DISTRICT WORK PROGRAM AND BUDGET FOR YEAR 2015 Economic Development & Community Services Director Patrick Doherty explained this item is further discussion regarding the 2015 work program and budget for the Edmonds Downtown Business Improvement District (EDBID) also known as the Downtown Edmonds Alliance. At the Council’s request, the EDBID’s 2015 budget compared to previous years will be provided. Pam Stuller, Walnut Street, President, EDBID Members Advisory Board, explained the EDBID has a very effective Board, and each of the 11 elected members take their role as stewards of the EDBID’s resources very seriously. The Board holds publicized semi-monthly meetings that are open to members and the public. The EDBID has accomplished a great deal since their inception approximately 18 months ago from the creation of the bylaws and work plan to a new name and official identity. Much of that progress is due to an enormous amount of volunteerism. As a young organization, Ms. Stuller recognized it took time to develop trust and create a successful precedent. The Board appreciates the scrutiny of the Council and seriousness with which they do their jobs and assured the elected board members share that commitment. While it is discouraging to hear about a petition to disband the EDBID, with over 320 businesses, there remains a tremendous amount of support for what the EDBID is doing. She looked forward to beginning the exciting and strategic work that the EDBID was created to implement. Cadence Clyborne, HDR Engineering, EDBID Treasurer, explained in response the Council’s request, the budget summary was revised to be more consistent with a balance sheet format. She displayed the balance sheet, highlighting the 2015 proposed budget that is in the work plan, 2014 end of year projection, year-to-date, and 2013 final financials. The 2015 proposed budget includes: • Beginning balance of $48,129 • Estimated revenues of $81,880 from assessments (assumes 92% collection rate) • Total revenue of $130,009 • Estimated expenses as outlined in work plan • Estimated ending balance of $46,009 She explained financial information has always been included in the EDBID minutes. At the request of a member a few months ago, the spreadsheet has been posted to the EDBID’s website. In the future the new balance sheet format will be presented at EDBID meetings and posted on the website. The Advisory Board meets at 8:00 a.m. the 2nd and 4th Thursday in Room 225 at the Edmonds Center for the Arts. Main Motion COUNCIL PRESIDENT BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER MESAROS, TO APPROVE THE EDMONDS DOWNTOWN BUSINESS IMPROVEMENT DISTRICT’S 2015 WORK PROGRAM AND BUDGET. Amendment #1 COUNCILMEMBER BLOOM MOVED, SECONDED BY COUNCILMEMBER PETSO, TO AMEND THE WORK PLAN TO INCLUDE A REVIEW OF THE EQUITY OF THE FEES ASSESSED BY THE CITY TO EDMONDS TO EDBID MEMBERS BE COMPLETED AND PRESENTED TO COUNCIL BY JUNE 2015. Packet Page 146 of 312 Edmonds City Council Approved Minutes November 18, 2014 Page 15 Councilmember Bloom relayed her understanding and appreciation for the work done by the Advisory Board. The reason she was proposing these amendments was because in talking with business owners and the fact that a petition was being circulated, there is a lot of conflict and people who are unhappy with the way things have been done as well as how the EDBID was set up. Her amendments are an attempt to resolve the concerns she has heard; unless the concerns of the membership are considered, the EDBID will be unable to move forward in a manner that will work for all the members. For example, although friends of the EDBID and all the members of the EDBID were invited to a get-together, the voucher based on $12 lunches indicated only 26 people attended which was not a good turnout. Councilmember Bloom referred to an email she received at 6:15 p.m. today that she forwarded to Councilmembers expressing concerns with the EDBID. She stated the membership of the EDBID is not supporting the Advisory Board’s work; the business owners she has talked said they wish they had been asked about the Ed! brand and there are questions about the square footage fee assessment. She summarized many members are dissatisfied but are afraid to speak their mind. She recognized the hard work done by the Advisory Board and assumed they would not have to work so hard if they had the support of the membership. With regard to the proposed amendment, Councilmember Bloom pointed out the square footage range for assessments is too large; the EDBID essentially assesses a 5,000 square business and a business with a very small space at a similar rate. Councilmember Petso asked whether the Council has full discretion to review and make changes to assessments. City Attorney Jeff Taraday responded everything about the EDBID is subject to the Council’s discretion. He noted to the extent the direction in Councilmember Bloom’s motion required a financial expense for the EDBID, it did not fit within any of the categories of authorized expenses. Councilmember Petso asked whether a more appropriate way would be to schedule a review of the EDBID fees as a future Council agenda item. Mr. Taraday commented the Council has a lot of power over the EDBID; he was unsure procedurally what would need to happen to review the assessments but he could research that in the meantime. Action on Amendment #1 COUNCILMEMBER BLOOM WITHDREW THE AMENDMENT WITH THE AGREEMENT OF THE SECOND. Councilmember Bloom requested the Council President schedule a review of the EDBID Assessments on an upcoming study session. Recognizing that the issue of sending businesses to collections was also not a work plan item, she requested that issue be discussed at a future study session. She pointed out 29 business owners have been sent to collections. Amendment #2 COUNCILMEMBER BLOOM MOVED, SECONDED BY COUNCILMEMBER PETSO, TO AMEND THE MOTION TO REQUEST CLARITY BE ADDED TO ITEM C, ASSESSMENT AND EVALUATION, AND ITEM D, MEMBER ENGAGEMENT AND OUTREACH, SPECIFICALLY REGARDING EFFORTS TO OBTAIN ANONYMOUS INPUT FROM BID MEMBERS. Councilmember Bloom referred to the EDBID’s written response to this suggestion stating this could be incorporated. She requested specific language be included regarding obtaining anonymous input from EDBID members as some members are not comfortable sharing their thoughts. Councilmember Petso asked what specific language Councilmember Bloom would like to have added. Councilmember Bloom suggested Survey Monkey surveys be conducted on a regular basis to get input Packet Page 147 of 312 Edmonds City Council Approved Minutes November 18, 2014 Page 16 related to the work the Board is doing. Councilmember Petso asked Mr. Doherty whether that was something he could assist the EDBID with. Mr. Doherty answered yes. Councilmember Peterson asked whether the motion included direction to act on the surveys, pointing out Survey Monkey is very unscientific. Councilmember Bloom said she wanted the Advisory Board to get input from people who are uncomfortable sharing input with the Board. She was not suggesting how they would use the information, only providing an avenue for members to provide input without being identified. Council President Buckshnis asked how the Board would use the input from such surveys. Councilmember Bloom responded she hoped the Board would use the information to inform how they spend the EDBID members’ money. Action on Amendment #2 UPON ROLL CALL, AMENDMENT FAILED (3-4), COUNCILMEMBERS BLOOM, FRALEY- MONILLAS AND PETSO VOTING YES; AND COUNCIL PRESIDENT BUCKSHNIS AND COUNCILMEMBERS JOHNSON, MESAROS AND PETERSON VOTING NO. Amendment #3 COUNCILMEMBER BLOOM MOVED, SECONDED BY COUNCILMEMBER PETSO, TO AMEND THE MOTION TO REDUCE THE AMOUNT BUDGETED FOR ADMINISTRATIVE SERVICES IN ITEM B TO $6,000 FOR 2015 WHICH EQUALS $500 PER MONTH. Councilmember Bloom said the reason for this motion was because there was not the support of the EDBID that she would like to see at this point and she anticipated $6,000 for administrative services would be more acceptable to the membership than $17,000. She explained $6,000 would allow the EDBID to hire a contract administrative person at the rate of $25/hour for 20 hours/month or 5 hours/week. That person could do minutes, post on the EDBID website, etc.; the EDBID could consolidate what the person did and use the person very effectively. Council President Buckshnis referred to the EDBID’s written response that there is a lot of administrative work. Her issue is ensuring the 501(c)3 is totally separate; the EDBID administrator cannot provide administrative services to the 501(c)3. Ms. Clyborne advised their research of other BIDs with 501(c)3s found they have an agreement with the city for payment for services. That has not yet been fully vetted by the board. She advised there are other administrative costs in addition to hiring a consultant such as the post office box, supplies, website fees, etc. Action on Amendment #3 AMENDMENT FAILED (1-6), COUNCILMEMBER BLOOM VOTING YES. Amendment #4 COUNCILMEMBER BLOOM MOVED, SECONDED BY COUNCILMEMBER PETSO, TO AMEND THE MOTION, TO REMOVE ITEM K, RESEARCH OF POTENTIAL BOUNDARY ADJUSTMENT, FROM THE WORK PLAN. Councilmember Bloom reiterated due to the conflict in the membership, she felt this was not the time to seek new members. Councilmember Petso asked whether this was something the Council could do when/if they wished. Mr. Taraday suggested to the extent this required a financial expense on the part of the EDBID, it did not fit in any of the categories of expense authorized in the implementing legislation, probably should not be undertaken by the EDBID and therefore would be inappropriate to include in the work plan. Exploring a modification to the boundaries would be more appropriately undertaken by the City or the Economic Packet Page 148 of 312 Edmonds City Council Approved Minutes November 18, 2014 Page 17 Development Director. Mr. Taraday provided further context; the Council is approving the budget for the EDBID, authoring them to spend money on certain items. This does not fit within the categories of expense that the City authorized when it created the EDBID; it can be worked on by City staff. He suggested the motion be acted on. If this was not a budget item and was just something the EDBID planned to work on, Councilmember Peterson questioned why it was not appropriate for the EDBID to include it in their work plan. The budget implication would occur if/when a decision was made to expand the boundary. To the extent the EDBID wants to do leg work to explore changing the boundaries, they do not need to come to the Council for authorization if it does not require an expense. That effort would be similar to what occurred prior to forming the EDBID which did not require Council authorization. Mr. Taraday responded by keeping this item in the work plan and the administrative person working on it, that would be an inappropriate use of the funds. Councilmember Peterson suggested if it is not in the work plan, some members may object to the Board talking to potential new members. Mr. Taraday summarized the Council’s role is related to approving expenditures; anything that occurs outside that is not within the purview of this action item. Councilmember Mesaros observed there was nothing in the budget related to Item K and the motion is not in order as it does not reflect budget items which are the Council’s purview. Action on Amendment #4 AMENDMENT CARRIED (5-2), COUNCILMEMBERS PETERSON AND MESAROS VOTING NO. Amendment #5 COUNCILMEMBER BLOOM MOVED, SECONDED BY COUNCILMEMBER PETSO, TO AMEND THE MOTION TO REMOVE THE $10,000 ALLOCATED TO THE SMALL GRANTS PROGRAM. Councilmember Bloom explained the EDBID membership should not be expected put their money toward the 501(c)3, a separate organization that the EDBID is forming. It made no sense to her and she felt those funds should be retained within the EDBID. Councilmember Petso relayed her understanding the EDBID would be in charge of the small grants, not the 501(c)3. Ms. Stuller explained the intent of the small grants program is to harness the power of the membership by providing them grants to help be the boots on the ground to get more done in the coming year. The grants are intended to completely apply to the scope of work and are a way to help catalyze additional action from the membership. Ms. Clyborne advised the small grants program is entirely unrelated to the 501(c)3. Councilmember Petso relayed the EDBID could have included $10,000 in their budget for miscellaneous projects; by setting up a grant program there will be application deadlines, documentation, etc. Ms. Stuller agreed. Councilmember Petso asked whether the intent was to spend the money “come heck or high water” or would the funds be held if no appropriate applications are submitted. Ms. Stuller advised the funds would not be granted unless appropriate applications were received. Councilmember Petso suggested an amendment requiring each proposed grant be reviewed by City staff for compliance with the applicable RCW and ECC provisions prior to the award of a grant. Ms. Stuller had no objection to adding that language to the work plan. Councilmember Petso advised she would probably not support the proposed amendment and would make the amendment she described. Action on Amendment #5 AMENDMENT FAILED (1-6), COUNCILMEMBER BLOOM VOTING YES. Packet Page 149 of 312 Edmonds City Council Approved Minutes November 18, 2014 Page 18 Amendment #6 and Action COUNCILMEMBER PETSO MOVED, SECONDED BY COUNCILMEMBER BLOOM, TO AMEND THE MOTION TO ADD THE FOLLOWING AS THE NEXT TO THE LAST SENTENCE OF PARAGRAPH J OF THE WORK PLAN, “EACH PROPOSED GRANT WILL BE REVIEWED BY CITY STAFF FOR COMPLIANCE WITH RCW 35.87A.010 AND EDMONDS CITY CODE 3.75.030 PRIOR TO AWARD OF A GRANT.” MOTION CARRIED UNANIMOUSLY. Councilmember Peterson voiced his opposition to the suggestion of having further discussion regarding some issues at a Council study session, anticipating a series of micromanaging meetings. He recognized it was up to the Council President when/if to schedule that discussion. Councilmember Bloom suggested the Council also discuss having a representative attend EDBID Advisory Board meetings; she recommended the Council President and one other Councilmember. The Council needs to be very involved in the oversight of the EDBID as the EDBID Advisory Board is the only one of the City’s boards that has the authority to spend money. She disagreed with Councilmember Peterson because the Council is responsible even if it possibly means micromanaging. Councilmember Fraley-Monillas suggested this may be an appropriate topic for the Council retreat in early 2015. Action on Main Motion as amended MOTION CARRIED (6-1), COUNCILMEMBER BLOOM VOTING NO. Councilmember Petso requested the Council President schedule the EDBID fees and collection policy on a future study session. Council President Buckshnis advised she has scheduled those as well as research of a potential boundary adjustment on the December 9 study session agenda. 12. REVIEW & POTENTIAL APPROVAL OF UPDATED RIGHT-OF-WAY TREE MANAGEMENT POLICY Public Works Director Williams advised this was discussed at last week’s study session. A resolution and policy in place since 1978 establishes guidelines for trimming and removing trees in the right-of-way that are not street trees and require any trimming or removal to be authorized via a right-of-way construction permit issued by the City. The policy authorizes specific reasons for trimming or removing a tree in the right-of-way related to safety such as the tree impedes sight lines, is diseased and in danger of falling, or is causing damage or significant maintenance to public infrastructure. Neither the policy nor the resolution included the ability to authorize removal/trimming of a tree in the right-of-way that is damaging private infrastructure. The proposed policy would add the ability for the City to issue a permit if a tree in the right-of-way is causing damage to private infrastructure. The Tree Board reviewed the issue and provided a recommended policy. He referred to three revisions he suggested at last week’s study session, two that were typos and a third, to remove the requirement to obtain a right-of-way permit to trim/remove a tree over 8 feet tall. He pointed out an 8-foot tall tree could be 1-2 inches in diameter. He reviewed the practical implications of requiring a right-of-way permit to trim/remove any tree feet tall over a height of 8 feet: apply for a right-of-way construction permit, minimum price $115; and hire a certified arborist to prepare a report stating the tree meets the criteria for removal, at a cost of several hundred dollars. He doubted many property owners would go to that effort to trim/remove a tree of that size. Further, a tree of that size was unlikely to be causing safety issues or damaging private infrastructure. He noted one of the criteria in the proposed policy was a tree could be trimmed/removed if it had grown to a size that was inappropriate for its current location. Packet Page 150 of 312 Edmonds City Council Approved Minutes November 18, 2014 Page 19 Councilmember Bloom expressed concern with removing that requirement in view of how hard the Tree Board worked on the proposed policy. The Tree Board includes a certified arborist and others with experience with trees. She consulted the Tree Board Chair, Susan Paine, who is very familiar with Seattle’s tree code, regarding the proposed change. Ms. Paine’s response was a permit to trim an 8-foot tree is needed; she envisioned a person harming a young tree under 6 inches in diameter by harsh pruning. Councilmember Bloom referred to trees in the right-of-way that have so harshly pruned that they do not grow properly. She preferred to retain the requirement for a permit for trees 8 feet in height. Mr. Williams understood Ms. Paine’s point of view but questioned the City’s ability to control pruning via a permit program. He reminded a tree would need to meet the criteria for removal before a permit could be issued. He suggested an educational campaign citing the national standards on tree pruning rather than a regulatory approach may be more successful in addressing those concerns. Councilmember Petso provided a scenario: a homeowner with a 5-inch diameter tree over 8 feet tall located in the City right-of-way trims the tree periodically. Under the proposed code, that homeowner would be in violation of the code. Mr. Williams agreed the homeowner would be in violation, both in the proposed code and the existing code. Councilmember Petso asked about enforcement. Mr. Williams advised enforcement occurs when a situation is brought to the City’s attention. Councilmember Petso relayed her understanding under the proposed code, a property owner would be required to obtain a right- of-way permit to trim a tree larger than 6-inches in diameter or over 8 feet tall. Mr. Williams agreed. Councilmember Johnson referred to the criteria, observing most of them are very specific and not subject to opinion. However, the criteria that a tree has outgrown its location could be disputed and she preferred it not be included as a criteria. Mr. Williams advised the permit requires a State certified arborist determine the tree has outgrown its location. The City needs to have that expertise available as well; there is currently no certified arborist on staff. When the tree code is presented to Council it will include some resource requests. Councilmember Johnson stated the determination that a tree has outgrown its location is a judgment call and even two arborists could have a difference of opinion. She preferred not to have a judgment call be a criterion, commenting there are historic trees that may be more valuable than the shade they create. COUNCIL PRESIDENT BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER PETSO, TO EXTEND THE MEETING UNTIL 10:30 P.M. MOTION CARRIED UNANIOUSLY. Councilmember Bloom commented the report by a certified arborist would address Councilmember Johnson’s concerns. She agreed it was a subjective, noting there are also plans for a Heritage Tree Program which hopefully will protect valuable, old trees. A certified arborist will be able to determine whether a young tree has outgrown its location or if it is a valuable, old, native tree. Councilmember Johnson recalled when this first arose, the example staff provided was a very mature cedar tree whose roots essentially destroyed the adjacent property owners’ grass. Mr. Williams commented it was a massive Redwood tree that grew very fast. That tree is causing some of the problem listed as criteria for removal/trimming in the policy and the policy would allow roots to be pruned, etc. Another issue with a tree like that is the cost to trim or remove it. As long as the tree is not damaging public infrastructure, the property owner would initiate the process, pay the permit fee, hire the arborist, and pay for removal/trimming if the City is convinced it meets the criteria. Main Motion COUNCILMEMBER PETERSON MOVED, SECONDED BY COUNCIL PRESIDENT BUCKSHNIS, THAT THE CITY COUNCIL ADOPT THE UPDATED RIGHT-OF-WAY TREE MANAGEMENT POLICY AS AMENDED BY THE EDMONDS CITIZENS TREE BOARD. Councilmember Peterson clarified this was the policy on page 988-990 of the packet (includes amendments recommended by Mr. Williams). Packet Page 151 of 312 Edmonds City Council Approved Minutes November 18, 2014 Page 20 Councilmember Bloom preferred to vote on the Right-of-Way Tree Management Policy recommended by the Tree Board. Mr. Williams distributed the policy as recommended by the Tree Board. (includes the requirement for a permit for an 8-foot tall tree). Amendment #1 COUNCILMEMBER BLOOM MOVED, SECONDED BY COUNCILMEMBER JOHNSON, TO AMEND THAT THE COUNCIL APPROVE THE RIGHT-OF-WAY CODE ORIGINALLY RECOMMENDED BY THE TREE BOARD. Amendment #2 and Action COUNCILMEMBER PETSO MOVED, SECONDED BY COUNCILMEMBER PETERSON, TO AMEND THE AMENDMENT TO FIX THE TYPOGRAPHICAL ERRORS POINTED OUT BY MR. WILLIAMS AND CHANGE THE TITLE OF SECTION 5 TO “REPLANTING. RECOMMENDED REPLANTING RATIOS.” MOTION CARRIED UNANIMOUSLY. Action on Amendment #1 MOTION CARRIED (6-1), COUNCILMEMBER MESAROS VOTING NO. Action on Main Motion as amended MOTION CARRIED UNANIMOUSLY. 13. PUBLIC COMMENT AND DISCUSSION REGARDING THE 2015 PROPOSED CITY BUDGET Mayor Earling opened the opportunity for public comment. Kurt Greiner, Edmonds, referred to two funding proposals in the Council’s allocation of $250,000, $10,000 for a peer review and $90,000 for a train trench study. He urged the Council not to approve the $10,000 peer review because a firm could not be asked to compare the current $10,000 study because it was not complete. He referred to the Tetra Tech Report which states until the design is complete there are a myriad unknown conditions that cannot be specifically accounted for in the construction cost estimate. He relayed an email from Phil Lovell that the estimate in the Tetra Tech report can be judged as inadequate in depth but further refinement and/or accuracy of any estimate at this point would be pointless without further design development. After reviewing the Tetra Tech report and applying standards he was familiar with, he emailed the Council an outline of other ways of doing this that are less expensive, more environmental and will save time. Until those are properly identified, he did not see how a peer review could be done. He urged the Council to approve the $90,000 study to obtain that information so that a peer review can be conducted. With regard to alternatives such as moving the ferry terminal, he pointed out ferries cannot dock there in bad weather, the site is not ready and the funds are not available. With regard to an overpass, a study was completed in 2012. He concluded the City needed to consider alternatives; it is good business as well as required by NEPA. Hearing no further comment, Mayor Earling closed the opportunity for public comment. Councilmember Petso explained although she initially requested $10,000 for a peer review, she withdrew that request when a consensus emerged that it was not really a study worthy of being peer reviewed. Her current proposal is $90,000 for a preliminary study and $10,000 for a peer review of that preliminary study. Finance Director Scott James reviewed the Council’s list of changes Proposal # Description Cash Increase (Decrease) 1 Veterans Park Design ($10,000) 2 Train Trench Study ($90,000) & Peer Review ($10,000) ($100,000) Packet Page 152 of 312 Edmonds City Council Approved Minutes November 18, 2014 Page 21 3 Highway 99 Study and Planning ($100,000) 4 Planned Action EIS (2015 Phase 1 $75,000, 2016 Phase 2 $75,000) ($75,000) 5 Building & Facility Maintenance Needs Study ($20,000) Subtotal of Allocations ($305,000) Amount Requests Exceed Balance to Allocate ($55,000) Due to the late hour, Mayor Earling suggested deferring further discussion to next week. Council President Buckshnis commented although she was ready to vote on the budget now, she encouraged Councilmembers to provide questions/concerns/changes to staff so the process can move forward during future budget discussions. Councilmember Petso advised in addition to one-time expenditures the Council has allocated from the $250,000, she is considering funding Police Department Decision Package 3, ongoing cost to restore the Crime Prevention Officer. She will forward Councilmembers the original decision package which was pulled when the Fire District 1 bill was received. To help cover the cost, she is reviewing the budget for ongoing expenditures that could be convert to onetime items; one potential source is converting the Finance Department Intern to a one-time expenditure rather than ongoing. Mr. James advised he will post the latest revisions to the 2015 preliminary budget book changes and the Council allocation of the $250,000 to the City’s website tomorrow. 14. MAYOR'S COMMENTS Mayor Earling reported the Swedish-Edmonds auction last Friday raised $708,000. 15. COUNCIL COMMENTS - None 16. CONVENE IN EXECUTIVE SESSION REGARDING PENDING OR POTENTIAL LITIGATION PER RCW 42.30.110(1)(i) This item was not needed. 17. RECONVENE IN OPEN SESSION. POTENTIAL ACTION AS A RESULT OF MEETING IN EXECUTIVE SESSION This item was not needed. 18. ADJOURN With no further business, the Council meeting was adjourned at 10:29 p.m. Packet Page 153 of 312 Edmonds City Council Approved Minutes December 9, 2014 Page 1 EDMONDS CITY COUNCIL APPROVED MINUTES December 9, 2014 The Edmonds City Council meeting was called to order at 6:15 p.m. by Mayor Earling in the Council Chambers, 250 5th Avenue North, Edmonds. ELECTED OFFICIALS PRESENT Dave Earling, Mayor Diane Buckshnis, Council President Kristiana Johnson, Councilmember Lora Petso, Councilmember Strom Peterson, Councilmember Joan Bloom, Councilmember Thomas Mesaros, Councilmember ELECTED OFFICIALS ABSENT Adrienne Fraley-Monillas, Councilmember STAFF PRESENT Al Compaan, Police Chief Phil Williams, Public Works Director Carrie Hite, Parks & Recreation Director Scott James, Finance Director Shane Hope, Development Services Director Patrick Doherty, Econ. Dev & Comm. Serv. Dir. Deb Anderson, Accountant Jeff Taraday, City Attorney Scott Passey, City Clerk Jerrie Bevington, Camera Operator Jeannie Dines, Recorder 1. INTERVIEW OF TREE BOARD APPLICATIONS FOR 2 VACANCIES At 6:15 p.m., the City Council met with three candidates for appointment to the Tree Board. The meeting took place in the Council Chambers, located in the Public Safety Complex. All Councilmembers and Mayor Earling were present. 2. CONVENE IN EXECUTIVE SESSION REGARDING REAL ESTATE PER RCW 42.30.110.1(c) At approximately 6:30 p.m., the City Council met in executive session regarding real estate per RCW 42.30.110.1(c). The executive session was scheduled to last approximately 15 minutes and would be held in the Jury Meeting Room, located in the Public Safety Complex. No action was anticipated to occur as a result of meeting in executive session. Elected officials present at the executive session were: Mayor Earling, and Councilmembers Johnson, Buckshnis, Peterson, Petso, Bloom and Mesaros. Others present were City Attorney Jeff Taraday, Parks & Recreation Director Carrie Hite and City Clerk Scott Passey. At 6:46 p.m., Mayor Earling announced to the public present in the Council Chambers that an additional 15 minutes would be required in executive session. The executive session concluded at 6:59 p.m. Mayor Earling reconvened the regular City Council meeting at 7:02 p.m. and led the flag salute. 3. ROLL CALL City Clerk Scott Passey called the roll. All elected officials were present with the exception of Councilmember Fraley-Monillas. COUNCILMEMBER MESAROS MOVED, SECONDED BY COUNCIL PRESIDENT BUCKSHNIS, TO EXCUSE COUNCILMEMBER FRALEY-MONILLAS. MOTION CARRIED (6- 0-1), COUNCILMEMBER BLOOM ABSTAINED. Packet Page 154 of 312 Edmonds City Council Approved Minutes December 9, 2014 Page 2 4. APPROVAL OF AGENDA COUNCIL PRESIDENT BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER PETERSON, TO APPROVE THE AGENDA IN CONTENT AND ORDER. MOTION CARRIED UNANIMOUSLY. 5. APPROVAL OF CONSENT AGENDA ITEMS COUNCILMEMBER PETERSON MOVED, SECONDED BY COUNCIL PRESIDENT BUCKSHNIS, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: A. APPROVAL OF CITY COUNCIL MEETING MINUTES OF NOVEMBER 25, 2014 B. APPROVAL OF CITY COUNCIL MEETING MINUTES OF DECEMBER 2, 2014 C. APPROVAL OF CLAIM CHECKS #211744 THOUGH #211872 DATED DECEMBER 4, 2014 FOR $237,297.41 (REISSUED CHECK #211744 $1,266.99). APPROVAL OF REISSUED PAYROLL CHECK #61383 FOR $272.98, PAYROLL DIRECT DEPOSIT AND CHECKS #61384 THROUGH #61396 FOR $478,775.50, BENEFIT CHECKS #61397 THROUGH #61406 AND WIRE PAYMENTS OF $499,109.56 FOR THE PAY PERIOD NOVEMBER 16, 2014 THROUGH NOVEMBER 30, 2014 D. ACKNOWLEDGE RECEIPT OF A CLAIM FOR DAMAGES SUBMITTED BY ROLAND TEGMAN ($569.89) E. AUTHORIZATION FOR MAYOR TO SIGN SUPPLEMENTAL AGREEMENT WITH DAVID EVANS & ASSOCIATES FOR THE 76TH AVE. W @ 212TH ST. SW INTERSECTION IMPROVEMENTS PROJECT F. REAPPOINTMENT OF DARCY MACPHERSON TO EDMONDS CITIZENS' TREE BOARD 6. AUDIENCE COMMENTS Tom Wilks, Edmonds, president of a technology company, offered his perspective of the Edmonds Business Improvement District (BID). Many other members of the BID are dissatisfied with the current situation; people are upset because they feel it was forced on them, it is not inclusive and the focus is on the retail and restaurants, the fees are too high and not appropriate for the problems being solved and the spending to date and the proposed spending will not provide any benefit to them. He recognized there were a lot of other people working very diligently to make the BID successful. He provided the following suggestions: • Re-poll or survey the membership and use assessments as a mechanism for communicating • Adjust the fee structure to place more emphasis on building ownership • Create a class of business that is exempt as some businesses will not benefit from the BID’s activities • Propose an offset to the assessment based on a contribution to a broader City-wide cause. He would rather write a check to the General Fund than to a budget that promotes Starbucks • Develop an a la carte pricing structure that allows businesses to participate at the level that is proportionate to the benefit they receive • Expand the BID’s boundaries across the highway to be all inclusive He cautioned if this is not corrected, there is a good possibility Edmonds will lose businesses; it will not be the primary reason a business leaves but will be a contributing factor. Packet Page 155 of 312 Edmonds City Council Approved Minutes December 9, 2014 Page 3 Brent Malgarin, Edmonds, recalled on November 10, 2014 in response to a question from Councilmember Petso, City Attorney Jeff Taraday said while there was a substantial effort put into collecting signatures for a petition, it was realized in course of the review of those signatures that it would not meet the legal standard for a petition. Yet Ordinance 3909 states whereas the owners and operators of businesses located within the area and representing approximately 60% or more of the assessment levied by this ordinance signed a petition in support. Those two statements are in contradiction and he pointed out a legal document cannot contain false information. He referred to RCW 98.76.175 that states, material statement means a written or oral statement reasonably likely to be relied upon by a public servant in the discharge of his or her official powers or duties. He urged the Council to consider the matter, asserting the paperwork was not done legally, and suggesting the Council obtaining out counsel. Rose Cantwell, Edmonds, representing the Senior Center, commented the trend in advertising is new this and that, new and improved. The new senior citizen whose lives has been helped and extended by social security and Medicare are living longer and many are donating their time to their communities. She was very proud of the Senior Center, pointing out the Mayor is a prime example of a senior citizen serving their community; he could surely have found a much easier job. The Senior Center building is deteriorating and needs to be replaced, a problem that has been discussed for the past 15 years. The lease agreement on tonight’s agenda will allow the Senior Center to raise the funds to build a new community center. She could not think of a better use for that land that was committed to the purpose of serving senior citizens when it was sold to the City. She urged the Council to resolve the land lease so they can begin raising funds to solve this age old problem. Don Hall, Edmonds, referred to the code of ethics for elected officials on tonight’s agenda, relaying it does not include an enforcement policy, ethics board, ethics officer or mechanism to file complaint. He recalled the at July 8, 2014 Public Safety & Personnel Committee meeting, Councilmember Fraley- Monillas expressed reluctant to have an enforcement policy and if there was one, that it might be handled in executive session, a concept he disagreed with. The August 27, 2013 minutes state Councilmember Petso feared someone who did not agree with an official’s position on an issue could file an ethics complaints and that she was unlikely to support a code of ethics that included a complaint process, ethics officer and enforcement. He questioned why waste the Council’s or the public’s time with a code of ethics that did not contain an enforcement policy, complaint procedure and would not done in the open. He referred to Bainbridge Island’s code of ethics that includes an ethics board and an easy to understand complaint form. Some cities use contracted ethics officers on a complaint driven basis. Next, as a downtown retailer, he suggested giving the BID a chance to show what it can do for all of downtown. The BID was not set up to help Starbucks or any other individual retailer but to help the entire downtown generate more tax dollars and make it a better place to shop. Ferrell Fleming, Executive Director, Senior Center, referred to Agenda Item 13, identifying the context for their proposal, 1) the 47 years partnership between the City and Senior Center, 2) the Strategic Action Plan adopted in 2013, 3) Council resolution 1313 adopted March 2014, and 4) the immediate needs of their fundraising process. The vast majority of cities in the county define providing recreational and supportive services to its older citizens as an important civic function; in most cases delivered via a senior center, usually city owned, staffed and managed. If Edmonds had to fully fund the senior Center, it would cost at least what the senior center pays and probably more; their current budget is $650,000 and the City’s share is $60,000. The Senior Center wants to work with the City to define what the City wants with regard to use of the facility and he was certain language could be developed to provide appropriate flexibility over time. The intent is for the new building to be a community center, not just a senior center. The notes provided to the Council again raise the issue of relocating the center; resolution 1313 adopted in March 2014 has several references to the current site. The Strategic Action Plan rates updating the senior center on its current site as very high and rates relocating the senior center as very low. The seniors who use the center are passionately dedicated to this site. The question of who is responsible for the Packet Page 156 of 312 Edmonds City Council Approved Minutes December 9, 2014 Page 4 parking lot, parking study, design and construction can be worked out as the process moves forward and could be left as a mutual responsibility. At the end of the project the Senior Center will own the building but the park will be owned by the City. If the parking lot bulkhead is pulled back, the walkway connected going south, green space on the water’s edge increased, he was confident the City could identify considerable grant money. Their application for State capital funds, a development grant from the Hazel Miller Foundation and large donations from individual donors all require appropriate site control which a mutually agreed upon ground lease and signed option release would provide. Dave Page, Edmonds, commented the Senior Center is interviewing someone next week to assist with the capital campaign. The capital campaign cannot go forward until the lease is agreed upon. This is a time sensitive issue; the campaign needs to start as soon as possible while enthusiasm is high. With regard to the train trench, he recalled the figure $250 million was identified to start the project in 3 years. The project likely would not start for 5 years and the cost would increase to $400 million. He pointed out $400 million was City’s entire budget for 10 years. He urged the City not to spend any more money on the train trench, anticipating once digging began, problems would mount. He preferred to build something else for a lower amount over the top for emergency vehicles. Next, he questioned the need for a Diversity Commission, commenting Edmonds was the most diverse city in the universe where everyone is welcome. ACTION ITEMS 7. APPOINTMENT TO FILL TWO VACANCIES ON THE EDMONDS CITIZENS' TREE BOARD COUNCIL PRESIDENT BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER BLOOM, TO APPROVE THE APPOINTMENT OF RONALD BRIGHTMAN AND BARBARA DURR. MOTION CARRIED UNANIMOUSLY. 8. REPORT ON FINAL CONSTRUCTION COST FOR THE 5TH AVENUE OVERLAY PROJECT AND PROJECT ACCEPTANCE Public Works Director Phil Williams commented this is a normal close out for the Council to accept the paving and ramps on 5th Avenue. The project was largely completed last year; closeout has taken some time due to documentation issues. The construction contract the Council approved last year was $732,732 with a $73,000 management reserve; the final amount spent was $739,050, 8.3% under budget. COUNCILMEMBER MESAROS MOVED, SECONDED BY COUNCIL PRESIDENT, BUCKSHNIS, TO APPROVE FINAL CONSTRUCTION COST FOR THE 5TH AVENUE OVERLAY PROJECT AND ACCEPT THE PROJECT. MOTION CARRIED UNANIMOUSLY. 9. AMENDMENT TO THE WOODWAY POLICE SERVICES CONTRACT APPROVED BY THE CITY COUNCIL ON NOVEMBER 3, 2014 Police Chief Al Compaan explained this matter was before Council at the November 3, 2014 meeting and at the September 9, 2014 Finance Committee meeting. On November 3 the Council approved the draft Woodway contract for a period of 6 months to allow time for further discussion/negotiation with Woodway. The existing contract expires December 31, 2014; the 6 month interim contract will begin January 1, 2015 and be effective through June 30, 2015 unless Council takes further action tonight. Council President Buckshnis corrected a statement in the agenda memo; clarifying she requested the term of the contract be reconsidered. Packet Page 157 of 312 Edmonds City Council Approved Minutes December 9, 2014 Page 5 Councilmember Bloom relayed her understanding the intent of the 6 month period was to evaluate the increase in the fee by $60/month from $3,000/month to $3,060. The Council approved the contract with the 6 month term by a vote of 6-1. She was confused why this matter was being reconsidered. Councilmember Mesaros relayed his discussion with Woodway Mayor Nichols included how the contract could be extended for a longer period of time to provide them a sense of certainty regarding services they would receive from the Edmonds Police Department. During discussions with Woodway, he suggested increasing the monthly fee as well as the term of the contract. Woodway Mayor Nichols was not willing to accept that and wanted to return to a three year contract. The intent of the six month interim contract was to allow those conversations to continue. Councilmember Petso relayed her understanding additional data would be collected and provided to Councilmember Fraley-Monillas during the six months. She asked whether taking this action tonight would abdicate that commitment. Councilmember Mesaros recalled Councilmember Fraley-Monillas wanted more information but he did not recall a commitment was made. Councilmember Petso relayed her understanding was the result of the email she and Councilmember Mesaros received Friday; she will check the minutes. Councilmember Petso relayed a question regarding the legality of a city subsidizing another jurisdiction’s operations. City Attorney Jeff Taraday answered there is a constitution prohibition related to the gifting of public funds. In his opinion this does not constitute a gifting of public funds even if it is considered a slight subsidy. The State Supreme Court has watered down what it means to gift public funds, it is nearly impossible to have something considered a gift of public funds. He suggested Chief Compaan answer whether there is a subsidy. From a strictly constitutional standpoint, he would be surprised if the court would overturn this contract as a gift of public funds. Councilmember Petso observed the contract only allowed it to be terminated in the event of breach. She asked if there was another termination provision based on notice. Mr. Taraday offered to check the contract. Councilmember Bloom commented this was sprung on the Council; there was a 6-1 vote to review the contract after 6 months and issues were going to be brought back to the Council for consideration including the fee assessed to Woodway. COUNCILMEMBER BLOOM MOVED, SECONDED BY COUNCILMEMBER PETSO, TO POSTPONE THIS UNTIL COUNCILMEMBER FRALEY-MONILLAS IS PRESENT. Councilmember Bloom commented this is a 3 year contract; the fees are being increased only $60/month for 18 hours of service to Woodway per day. When this was last discussed, her primary concern was the tax percentage allocated was much lower for Woodway residents than Edmonds residents. The amount the City receives from Woodway is not enough to hire even one additional officer; the City needs to hire a crime prevention team that was eliminated when cuts were made. She summarized this was not a wise financial decision and more time was needed to determine whether the fee could reasonably be increased. She recalled Councilmember Fraley-Monillas felt very strongly about this and she was actively involved in the initial negotiation and voted against the $3,000/month fee. She was uncomfortable making a decision without Councilmember Fraley-Monillas at the meeting. Councilmember Mesaros referred to Councilmember Bloom’s indication the City provided 18 hours of service per day to Woodway. Chief Compaan clarified Woodway provides their own police services 8-9 hours per day and via this contract Edmonds provides the balance in the form of response to Priority 1 and 2 calls. Councilmember Bloom observed Edmonds provides approximately 16 hours of service per Packet Page 158 of 312 Edmonds City Council Approved Minutes December 9, 2014 Page 6 day to Woodway. She reiterated the percentage of tax is much lower for Woodway residents than Edmonds residents. Councilmember Mesaros clarified the 16 hours of service provided to Woodway is not same as Edmonds Police provides to Edmonds residents. Chief Compaan answered it is not the same extent as far as providing visible patrol; Edmonds Police respond to Priority 1 and 2 calls to 911. Council President Buckshnis commented this is the same argument the Council has had in the past. Councilmember Fraley-Monillas expressed her concern and the minutes do not indicate that she required additional information. Although some people think Edmonds should force full-time service on Woodway, this contract is only for part-time, on-call, Priority 1 and 2 service to Woodway. Due diligence has been done with Chief Compaan, Finance Director Scott James, Mayor Nichols, Mayor Earling and the Finance Committee and sufficient information provided to Councilmember Mesaros to negotiate with Woodway. In response to Councilmember Petso’s earlier question, Mr. Taraday relayed the contract can be terminated without cause by the provision of 90 days written notice. COUNCILMEMBER PETERSON CALLED FOR THE QUESTION. MOTION CARRIED UNANIMOUSLY. UPON ROLL CALL, MOTION FAILED (2-4), COUNCILMEMBERS BLOOM AND PETSO VOTING YES; AND COUNCIL PRESIDENT BUCKSHNIS AND COUNCILMEMBERS JOHNSON, MESAROS AND PETERSON VOTING NO. COUNCIL PRESIDENT BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER JOHNSON, TO AMEND THE WOODWAY POLICE CONTRACT APPROVED BY THE CITY COUNCIL ON NOVEMBER 3, 2014, TO CHANGE THE TERM FROM A 6 MONTH TERM TO A 3 YEAR TERM. Councilmember Petso clarified even though the contract would have a term of 3 years, it can be terminated with 90 days’ notice. Mr. Taraday answered yes. He relayed his understanding of the motion was to amend the Council’s earlier action with regard to the contract in Attachment 1 to Agenda Item 9. That contract contains the language that allows termination without cause upon 90 days written notice. MOTION CARRIED (4-2), COUNCILMEMBERS BLOOM AND COUNCILMEMBER PETSO VOTING NO. Mayor Earling declared a brief recess to allow the Council to move to the table for the study session. STUDY ITEMS 10. PROPOSED 2015-2020 CAPITAL FACILITIES PLAN/CAPITAL IMPROVEMENT PROGRAM Public Works Director Phil Williams commented there were differences between the submitted CIP in 2015 and the proposed budget. Although they do not necessarily have to match, due to the preference that they match, the numbers were changed so that they match including four items in Facilities. Parks & Recreation Director Carrie Hite relayed that based on Councilmember Petso’s comments, a change was made to the description of City Park Improvement on CIP page 29. There are two projects listed for City Park Revitalization, one is the revitalization itself and the other is improvements to the rest of City Park. A second change was the addition of the Veteran’s Plaza to the CIP. Packet Page 159 of 312 Edmonds City Council Approved Minutes December 9, 2014 Page 7 Mr. Williams explained this item was discussion, questions and answers with the hope of scheduling it for adoption on next week’s agenda. Councilmember Petso relayed one of her concerns was balancing the building fund budget with the CIP. She referred to an email from Mr. Williams that indicates there is an extra $15,000 if something comes up. She suggested including that as miscellaneous in the budget book or CIP so that they balance. Mr. Williams was amenable to that change. Councilmember Bloom relayed her strong feeling that emergency vehicle and pedestrian access needed to be separated out in the CFP/CIP, included in Comprehensive Plan and be something that is looked at immediately. Her rationale was the alternatives study, whatever is decided to study whether it is a trench, underpass, overpass, tunnel, modified Edmonds Crossing, none of those alternatives specifically address emergency vehicle and pedestrian access. The funds to study this are in 2019 and 2020, meaning nothing will be done about emergency vehicle and pedestrian access for 5 years. This is a crucial issue and the City owes it to the citizens to begin it now. She recommended this issue be included similar to the trackside warning system that includes funding for a study next year and installation in 2016. She noted the same was done for the Sunset Avenue Walkway project; funding of the study was not constrained. She summarized emergency vehicle and pedestrian access did not have to be constrained if the City believed funding could be obtained to study it. Councilmember Bloom recalled Councilmember Petso identified 2-3 possible funding sources including the Recreation Conservation Office (RCO), Puget Sound Regional Council (PSRC) or a partnership with BNSF or Washington State Department of Transportation (WSDOT). The facility could be used as park; she referred to the Vancouver pedestrian only land bridge that was built some time ago for a cost of $12 million. She recognized Edmonds’ project would be more extensive as it would include a lane for emergency vehicle access. Two potential locations have been discussed by the community, Bell Street and Pt. Edwards down from the potential future Edmonds Crossing location to Admiral Way. One engineer in the public has discussed the possibility of the Bell Street location but no formal study has been done. She did not want to wait to address emergency vehicles in an alternatives study in 5 years and then an unknown number of years until it was constructed. When the Council takes action on the CFP/CIP, she intends to make a motion to add that project to the CFP/CIP and the Comprehensive Plan. She asked other Councilmembers to explain why they felt that was not a good idea. Councilmember Mesaros asked if funds for an alternative study were in next year’s budget. Mr. Williams answered it is not in the budget because there is no funding yet to pursue it. There are efforts underway to reach consensus in the legislature with regard to accessing State funds. He could not justify including it in the budget unless there was a good indication the funds would be available. Councilmember Mesaros observed there is an emphasis on moving the alternatives study forward. Mayor Earling agreed emergency vehicle and pedestrian access would be one of the issues considered in an alternatives analysis. Councilmember Bloom clarified she wanted to discuss separating emergency vehicle and pedestrian access from the alternatives study. Councilmember Mesaros was unclear why that needed to be separated. Councilmember Bloom explained because of the time involved and because there could be an accident now or someone could die over there because emergency vehicles could not reach them or there could be a blockage that affects the ferries. She anticipated there may be ways to provide emergency vehicle and pedestrian access in more rapid way to provide service to the senior center, the dog park, the dive park, the residences and restaurants and to assure citizens the City is working toward finding a solution sooner rather than waiting until the ferry and railroad problems are addressed. Mr. Williams explained the description of the alternatives analysis includes waterfront access issues emphasizing and prioritizing near term solutions to providing emergency access. If that issue is separated from the alternatives analysis, he asked the amount and source of those funds. Councilmember Bloom referred to the sources cited by Councilmember Petso. Packet Page 160 of 312 Edmonds City Council Approved Minutes December 9, 2014 Page 8 Councilmember Petso said her comment was with regard to funding options not necessarily dollar amounts. She asked how much it would cost to start looking at the possibility of a Bell or Edmonds Street overpass or near Pt. Edwards. She asked whether RCO funding could be pursued if there was a sufficient recreation component. Ms. Hite responded the recreational value add for a pedestrian walkway over the tracks would definitely qualify for RCO funding. The emergency vehicle portion would not quality so a project that included both would likely be funded on a percentage basis. Such a pedestrian walkway may be competitive if it connected to the waterfront trail system. Mr. Williams commented an emergency vehicle overpass at Bell or Pine Street would be a really big project and considering the feasibility of building it would not be a trivial endeavor. A predesign study that would take both to a certain level of design to determine which one was the most cost effective and efficacious, and 30% design to obtain design and construction funds, would be a sizable study. Councilmember Petso asked for a dollar amount for predesign to identify options. She noted funding for a train trench which would offer a complete solution was also in the out years similar to funding for the alternative study analysis. She asked how much would be required to take a first look at emergency access, similar to the citizens; proposal for the City to take a first look at the train trench idea. Mr. Williams said he would prefer to think about it and talk with a few people before he identified an amount. He reiterated building an overpass at either location would be a sizable project. Councilmember Petso commented the Council has not been discussing this proposal for several weeks like they have other proposals. She asked whether there was time to schedule and provide proper notice for a public hearing next week on the possible inclusion of these two items into the CFP and budget. City Clerk Scott Passey answered public hearing notice following the land use public hearing notice procedure which provides ten days’ notice; two weeks lead time is required to place the notice. Councilmember Petso asked whether there was a requirement that the budget and CFP/CIP have ten days’ notice. Mr. Passey answered yes for the budget which was done earlier this year. Councilmember Mesaros asked whether a public hearing would be required to make this change to the CFP/CIP. Mr. Passey answered there was not a legal requirement; it was optional if the Council wanted to notice a public hearing. Council President Buckshnis commented she looks at this from regional standpoint. She questioned whether a separate emergency vehicle and pedestrian access would compete with the alternatives analysis. Mr. Williams anticipated there would be confusion; recent conversations with legislators have been in regard to a comprehensive solution He acknowledged there may not be one single capital project to solve all the issues and there could be independent projects as a result of the alternatives analysis. The outcome of the study is unknown until it is conducted. If the intent is a flyover at Bell or Pine for the purpose of getting emergency vehicles across and possibly pedestrians but would not provide any automobile traffic or do anything to help the Washington State Ferry (WSF), it would be immensely difficult to fund even with a concept. Council President Buckshnis envisioned the projects would compete with each other for funding. The top priority for the alternatives study is waterfront access with emphasize on prioritizing near term solutions to provide emergency access. Mr. Williams commented pursuing grant funds for any CIP project is a very competitive process. Adding confusion and potential overlapping concepts would require explanation. Councilmember Bloom said she understood it would require explanation. Her concern was including something in the CFP/CIP and the Comprehensive Plan that focuses specifically on emergency vehicle and pedestrian access is long overdue and she was concerned with continuing to delay it. Delaying emergency access was a disservice to any citizen who crosses the tracks and could potentially be subject to a train breakdown, heart attack, accident, derailment, explosion, etc. She questioned the purpose of waiting any longer and reiterated the need to address emergency vehicle and pedestrian access separately; resolving the ferry at-grade crossing issue is different than emergency vehicle and pedestrian access, they Packet Page 161 of 312 Edmonds City Council Approved Minutes December 9, 2014 Page 9 do not have to be addressed together. She preferred to focus on the two options that have been proposed sooner rather than later. She was stunned to learn emergency vehicle and pedestrian access was not on any of the City’s plans. The only thing in Edmonds Crossing was an elevator which would not help if there was any serious blockage or disaster. Council President Buckshnis expressed concern with separating emergency vehicle and pedestrian access; if the legislature develops a transportation package, they will look at Edmonds’ transportation problem in its entirety. If the emergency vehicle and pedestrian access was a separate project, the City may be required to fund themselves and it will not be inexpensive. She reiterated the description of the alternatives analysis clearly states as number 1, waterfront access issue emphasizing and prioritizing near term solutions. In the State’s tight budget, that includes a $1 billion deficit, everyone needs to be on the same page. Edmonds is unique because there is not only pedestrian safety but also the at-grade crossing and ferry access on a State highway. The City should be at the top of the list for getting this done because it really needs to be done sooner rather than later. Councilmember Bloom agreed but pointed out funds for the alternatives study is not on the CIP/CFP until 2019/2020. Council President Buckshnis suggested it could be moved up. Mr. Williams explained the City is requesting the money now; it is not in the first 3 years of the CIP because there is not a reasonable expectation or any indication from a funding source that the funds will be available. There is no guarantee that funding request will be success in this legislative session. Mayor Earling commented he understood Councilmember Bloom’s concern. He recalled language was added last year regarding the emergency vehicle and pedestrian access and it was first in the priority list in response to Councilmember Bloom’s concern. Considerable work has been done to advance the idea of an alternatives analysis and there has been some preliminary success. He feared the creation of dueling projects would cause problems in getting anything out of the legislature for either project and he feared it would be difficult to find adequate funding if the focus was only on emergency vehicle and pedestrian access. Although some funds may be available via an RCO grant, there are other projects for which staff would like to obtain grants. Further, much of PSRC’s money is federal funds and since the recession, there is a huge list of priorities in the region and for the State to fund. He did not want to jeopardize the bigger picture, long term solution that would address the issues Councilmember Bloom is concerned about. He summarized identifying funding for a separate project would be difficult and he feared requesting two projects would create more problems. Councilmember Petso referred to Mayor Earling’s comment that the bigger solution would address Councilmember Bloom’s concerns; it was her understanding several of the other solutions to the train issues do not address emergency access. For example the Edmonds Crossing project did not have a provision for emergency access and she has been told WSF is adverse to permitting emergency access in conjunction with its facility for security reasons. She questioned whether that was misinformation. Mayor Earling answered probably not, but it could be considered in the alternatives analysis as add-on. The cost of the Edmonds Crossing project, without emergency vehicle and pedestrian access, is in the range of $300 million. With the numerous transportation needs statewide and in the Puget Sound area, he envisioned that putting together funding for a $300 million project would be challenging. It is in the City’s best long term interest to do a thorough analysis of potential alternatives which includes emergency vehicle and pedestrian overpass. Mayor Earling commented he has been around the block enough times to know it will be very difficult to find $5-12 million for a standalone project. Mr. Williams commented the guidelines in GMA suggested projects for which there is not a reasonable expectation of funding be placed in the last three years of the CIP. If the Council believes based on the effort underway that there is a reasonable expectation funding will be available a year earlier, there is nothing preventing moving it up a year. If funding is not found, the project can be moved back. He agreed a project tends to look like a higher priority when it is moved up on the CIP. He clarified there is a Packet Page 162 of 312 Edmonds City Council Approved Minutes December 9, 2014 Page 10 general expectation in GMA regarding a reasonable expectation of funding. The City’s policy in the past has been if there are design funds to pursue a project, that is considered a reasonable expectation that design and construction will follow and those projects are moved up. If there are no funds identified, the project is generally placed in the first of the last 3 years. Mr. Taraday agreed under GMA the first 6 years of the CFP is supposed to be the feasible phase of the plan; that does not necessarily mean the City has to identify the source of all the funds but there shouldn’t be projects for which there is not a feasible plan. Councilmember Bloom referred to Councilmember Petso’s comment that WSF would not allow emergency vehicle access with Edmonds Crossing for security reasons, and asked whether the same would be true for an over or underpass. Mr. Williams answered he had never heard that; he was not employed by the City when Edmonds Crossing was being discussed. He assumed WSF would be supportive of emergency vehicle due to the number of people that use the ferry and the potential of the train blocking access to a ferry user with a health issue. Councilmember Bloom reiterated her understanding that a tunnel would require two lanes each for unloading and one lane dedicated to emergency vehicle access. Mr. Williams did not envision having a dedicated lane for emergency vehicle access; it would be too expensive for the amount of use, and he did not envision two dedicated lanes in and two dedicated lanes out. The ferry would be loaded the same way is today, the same lanes are used for loading and unloading. Councilmember Bloom asked whether an alternatives study that prioritized emergency vehicle access would include a tunnel. Mr. Williams responded the tunnel could be 3 lanes instead of the 5 lanes Councilmember Bloom envisioned; it would depend on how vehicles are queued, etc. Mayor Earling observed the Council has had a healthy discussion about this issue and he suggested Councilmember Bloom make a motion at the next meeting if she chose. Councilmember Petso said it is still her intent to make a motion to take the term “multiuse” out of the Sunset Avenue Walkway. She has not receiving a lot of emails in support of bikes on the west side of Sunset nor do many bikes use the west side of Sunset. The road has been striped for bicycles and the walkway for pedestrian and that is how it is being used. It was the consensus of the Council to schedule this item for action on next week’s agenda. 11. CONTINUED DISCUSSION REGARDING THE 2015 PROPOSED CITY BUDGET Finance Director Scott James referred to the list of Mayor’s Preliminary Budget Book Changes that is available on the City’s website. The changes will increase the ending fund balance in the General Fund by over $580,000; General Fund expenses are reduced by $201,000; and there is $379,000 in revenue increases. He suggested the Council’s discussion focus on changes to the budget, questions to staff and the allocation of the $250,000. He referred to the financial challenges he has described to the Council in the past, pointing out those are serious dollar amounts that need to be addressed. The challenges include nearly $1.2 million in ongoing costs that will need to be addressed in next year’s budget. Beyond 2015, other challenges loom. When Mayor Earling developed the 2015 budget, he chose a path of caution; his budget message stated he was trying to make prudent decisions. Although Mayor Earling received requests from staff for ongoing increases, he chose a conservative path. Future costs include additional funding for the Firemen’s Pension, the LEOFF Fund, and the Contingency Reserve Fund for which the Council’s adopted policy is 8%-16%. Councilmember Petso referred to Mr. James’ comment that the policy for the Contingency Reserve Fund is for it to contain 8%-16%. She asked whether the Contingency Reserve Fund was above 8% but not yet at 16%. Mr. James agreed. He acknowledged the City has another reserve fund, the Risk Management Packet Page 163 of 312 Edmonds City Council Approved Minutes December 9, 2014 Page 11 Reserve, that by policy is 2%; there has been some discussion about including that in the Contingency Reserve Fund to increase the percentage. Council President Buckshnis asked the difference between Council Preliminary Budget Book Changes and the list of Council Allocations of $250,000. Mr. James explained the Preliminary Budget Book Changes are suggested changes to the budget and are more of an ongoing nature with the exception of hiring a consultant to complete the develop code rewrite; the $250,000 is the amount the Mayor identified for Council allocations for one-time costs. Council President Buckshnis suggested hiring a consultant to complete the rewrite be moved to the list of allocations from the $250,000. Based on Councilmember Bloom’s comments, Councilmember Petso requested the train trench study and peer review be changed to $50,000 and a new $50,000 item, Emergency Access Preliminary Analysis, be added. She asked for details regarding what the Highway 99 Study and Planning will fund. Development Services Director Shane Hope explained $100,000 was suggested by Councilmember Fraley-Monillas to develop a plan and some standards for Highway 99 to develop streetscape, etc. There has also been discussion regarding an additional $75,000 for an environmental analysis that would be integrated. Councilmember Petso asked how the $100,000 item differs from the $10 million streetscape project in the plan. Ms. Hope answered the $10 million is for construction of the streetscape, not the plans and design standards. The plan would also address land uses in the vicinity, not just Highway 99 itself. Councilmember Petso asked whether it will include a parking study. Ms. Hope answered yes. Councilmember Johnson commented it was appropriate to discuss the Planned Action EIS as it relates to planning for Highway 99. Although she has not had an opportunity to speak to Councilmember Fraley- Monillas, she has discussed a combined effort phased over several years with Ms. Hope. Given those parameters, quite a bit could be accomplished with $100,000. However, that would require the understanding of Councilmember Fraley-Monillas. Ms. Hope commented ideally for a planned action, the planning and the environmental analysis would be done at the same time. If the entire amount was not available, the $100,000 initial study could be conducted the first year followed by $75,000 the next year for environmental review. Councilmember Johnson suggested it could begin mid-year 2015 and continue into 2016 when additional budget may be available. She observed the intent was a comprehensive analysis; the question was how to slice the dollars. Ms. Hope agreed, recalling beginning in mid-2015 and taking about a year had been discussed. Councilmember Johnson asked whether $100,000 would suffice for 2015. Ms. Hope answered yes. Councilmember Bloom asked how long the rewrite of the development by Makers will take. Ms. Hope answered the end of November 2015. Councilmember Bloom suggested the next phase of the rewrite begin as that is concluding so there is some overlap. She asked whether that was reasonable within staff’s workload, how the code rewrite relates to the Highway 99 Study and whether they could be combined to be more efficient. Ms. Hope answered Highway 99 actually needs a study and plan; it is separate from the code rewrite. While both will result in code, there needs to be a separate review although they could occur concurrently. With regard to whether the second phase of the code rewrite could begin in late 2015, Ms. Hope answered possibly; the challenge would be making that work and whether funds would be available. Councilmember Bloom recalled her proposal was $300,000 as that was the amount Ms. Hope indicated would be required in addition to the $115,000 to do a complete rewrite of the development code. She asked whether it would be reasonable in 2015 to allocate $150,000 for the code write to overlap the current effort. Ms. Hope answered the amount of work in the first phase of the code rewrite will make it challenging to do more in the first year. She recommended waiting until the 2016 budget to add more. Packet Page 164 of 312 Edmonds City Council Approved Minutes December 9, 2014 Page 12 Councilmember Petso asked for Council feedback on, 1) the Crime Prevention Officer in the event ongoing funding can be identified for at least three years, and 2) potentially combining the Contingency Reserve and the Risk Management Reserve Funds. Councilmember Peterson said he would support the Crime Prevention Officer if funding can be identified. With regard to combining the two reserve funds, the policy to create those two funds was recently adopted and he preferred to wait a couple of budget cycles before combining them especially with some of the higher profile litigation issues the City has been involved in as well as statewide litigation. He preferred to retain the Risk Management Reserve as a separate fund, observing that was a more transparent method. Councilmember Mesaros echoed Councilmember Peterson’s comments regarding support for an additional police officer if funds are available in the budget. As a newer member of the Council, Councilmember Mesaros followed Councilmember Peterson’s lead in allowing more time before the reserve funds were combined. Councilmember Petso observed the reserve funds have been through a couple budget cycles, recalling it was instituted during the Haines Wharf issue and the recognition that a major settlement was likely. Councilmember Johnson requested information regarding the total cost of the Crime Prevention Officer, including salary, benefits and other items, be provided before next week’s meeting. Councilmember Bloom asked staff to comment on Decision Package 14, Public Relations Assistant. Her understanding was that position was to provide two-way communication to the public and improve ways for the public to communicate with Council. What she has seen is press releases and public relations and little on the side of improving communication online, making information available to the public, a way to respond to the public’s questions or an increase in transparency. Economic Development & Community Services Director Patrick Doherty responded the City’s website is currently under reconstruction; there is a short contract using 2014 dollars to revamp the website. The architecture the website is based on is out-of-date, pages cannot be added and it is no longer supported by the vendor. In fact a meeting was held today to discuss how the public interacts with staff, contacts and a City liaison. The “contact us” on the City’s website currently identifies contacts by department or by issue. There is also a link to Citizen Liaison which contacts Cindi Cruz who assists with identifying a contact. The upgraded website will update that in a quick link tab at the top of the website With regard to the work the public relations consultant, Carolyn Douglas, has been doing, Mr. Doherty explained there hasn’t been the platform for her to interact with the City’s website due to the need for reconstruction. Under that contract next year two new things will occur, 1) an upgraded website that would allow more interaction as well as be easier for staff to update, and 2) the Facebook page will be created pending Council approval of the social media policy next week. The Facebook page will provide information regarding achievements and accomplishments, good news, and what’s happening in the City. Once those are completed, the scope of work for the public relations consultant includes many of the things Councilmember Bloom mentioned such as engaging the public; responding to the public; providing transparency; being a conduit between Council, Mayor, directors, and staff as well as interacting with the media in a proactive manner Councilmember Bloom recalled she wanted a Council blog so people can communicate directly with Councilmembers. She did not believe that was included in the job description or the plans. She asked if there was another way for citizens to communicate; for example Mukilteo has “Ask the Mukilteo” feature that allows the public to ask questions on the website and have responses displayed on the website. She asked whether there would be a mechanism for questions and answers to be viewed on the City’s website. Mr. Doherty answered that functionality, a bulletin board, does not currently exist nor was it identified in Packet Page 165 of 312 Edmonds City Council Approved Minutes December 9, 2014 Page 13 this contract. He noted a blog would be difficult due to the Open Public Meetings Act. Councilmember Bloom said she has let go of that idea. He noted a bulletin board often contains general information and/or a running Q&A regarding large projects; many citizens have a specific question about an issue that they do not necessarily want posted. Councilmember Bloom asked whether the bulletin board could be considered in the context of this position. Mr. Doherty explained responding to questions would require the expertise of each department; the public relations consultant could be involved in the process but it was doubtful one person could respond to all questions. Mayor Earling commented although he felt having another police office was a splendid idea, staff members were also needed in the Finance Department, on the second floor and there are other personnel needs. He noted one of the premises of the budget was to limit ongoing expenses. Although a Crime Prevention Officer was only $110,000 - $120,000 a year, that cost is ongoing. He requested Councilmembers talk to the Finance and Parks Departments and the second floor about their staffing needs. Councilmember Peterson referred to Councilmember Petso’s reference to fund a Crime Prevention Officer for 3 years, explaining funding for 5 years would be necessary to attract quality applicants. Councilmember Petso said 3 years was her commitment to Chief Compaan that he would not be hiring someone that would immediately be terminated. Councilmember Mesaros asked whether the City had considered an ideal staffing pattern for all departments to provide a better understanding of total staffing when a position is requested. Mayor Earling said each department could be asked to provide a list. Council President Buckshnis commented that was one of the things that would be done if the City ever moved to Budgeting By Priorities. She was hopeful the budget and CFP/CIP will be approved at next week’s meeting and encouraged Councilmembers to contact directors, her or Mayor Earling with any questions. Mayor Earling declared a brief recess. 12. PUBLIC DEFENDER SERVICES DISCUSSION Parks & Recreation/Human Resources Reporting Director Carrie Hite referred to a memo in the Council packet regarding the new guidelines for public defender services in Washington and the most recent court ruling against the cities of Burlington and Mt. Vernon. This proposal is the result of several discussions with the City Attorney and places the City in a good position to offer public defense services for indigent defendants according to State’s guidelines. She reviewed staff’s recommendations. 1. Authorize the Mayor to sign a new contract with Feldman and Lee for 2015 The City is current under contract with Feldman and Lee for 2014. An RFQ was not prepared for 2015 awaiting the court ruling. She noted no one has been overseeing the public defender contract; it is a capacity issue as well as a question of who is responsible, whether it is the Court, the City Attorney, or Human Resources. When the Council approved an amendment to the Feldman and Lee contract in April, the City Attorney recommended that be considered as well as an RFQ process instituted for public defense services. As there is not an RFQ process underway, staff recommends securing the services of Feldman and Lee until someone is hired to assist with the RFQ process. Although the recommendation is for a six month contract with Feldman and Lee, they expressed a preference for a one year contract. If Council direction is to enter into a six month contract, that will need to be negotiated with Feldman and Lee. 3. Adopt a budget amendment for 2014 in the amount of $66,000 to cover the contract the Council adopted in March 2014 4. Add an allocation to the 2015 budget for the public defender in the amount of $70,000 due to the caseload requirements adopted by the State. Packet Page 166 of 312 Edmonds City Council Approved Minutes December 9, 2014 Page 14 5. Add a placeholder in the budget of $25,000 for a public defense supervisor, pending a recommendation by Eileen Farley (attorney who worked with Burlington and Mt. Vernon) regarding how the City can satisfy the requirements of the court ruling. Funds in the 2014 professional services budget are being used to pay Ms. Farley to draft an RFQ and analyze the City’s public defense system and services and make a recommendation. Many cities and counties are struggling to meet the mandated requirements without any funding and are adding part- time and full-time positions to oversee public defense services. She did not think Edmonds needed to do that but she wanted Ms. Farley to provide a recommendation. Mr. Taraday clarified some mechanism for ongoing supervision of the public defender is needed but it does not necessarily need to be a half-time permanent City employee. Councilmember Mesaros suggested adding an evaluation process for the public defender’s services to Item 5. He asked the term of the contract with Feldman and Lee prior to the most recent contract. Mr. Taraday answered Feldman and Lee have been the City’s public defender for decades and have been on an approximately four year contract cycle. The most recent contract that ends December 31, 2014 was approximately a nine month contract due to the caseload requirement issue. Councilmember Mesaros asked the approximate monthly caseload. Ms. Hite recalled 450-550 including traffic infractions. Mr. Taraday clarified those do not all require a public defender. Councilmember Mesaros asked the percentage of cases that utilize the services of a public defender. Mr. Taraday’s vague recollection was the indigent defense cases generated by Edmonds would be approximately 700/year. He recalled Feldman and Lee’s indication they would need two full-time attorneys to staff Edmonds. Councilmember Mesaros asked whether the contract extension could be 8 months instead of 6 or 12. Ms. Hite answered a different term could be negotiated with Feldman and Lee. Mr. Taraday relayed Feldman and Lee was interested in a one year contract; he was unsure how much of their argument was leverage and how much was a legitimate, logistical staffing concern. He asked Feldman and Lee whether they would be willing to sign a six month extension and their answer was that would be difficult but they would do a one year extension. Depending on tonight’s discussion, he can approach Feldman and Lee again but he felt a six month extension would be more difficult. Councilmember Peterson commented another consideration with a six month extension is the City will have a new judge which will be chaotic enough without changing public defenders. He suggested a one year extension to not add an extra element of chaos would serve everyone well. Although an RFP may be drafted within six months, he preferred to provide a cushion to ensure the RFP was done correctly as well as addressed the changes instituted by the court. Councilmember Petso requested Ms. Hite ensure the Finance Director incorporated this increase in his budget projections. Ms. Hite agreed to relay that information to him. It was the consensus of the Council to schedule this item on next week’s Consent Agenda with a one year extension in Feldman and Lee’s contract. 13. SENIOR CENTER LEASE DISCUSSION Parks & Recreation Director Carrie Hite explained this is a proposed ground lease for the Senior Center. She recalled the Council unanimously passed a resolution on March 18, 2014 supporting the rebuild of the Edmonds Senior Center at its current location. On October 21, 2014 the Council unanimously approved having staff negotiate a ground lease with the Senior Center so that a capital campaign could be launched. The Senior Center has provided a draft ground lease as well as an option to lease. She explained the Senior Center is currently located in a City-owned building; the option to lease gives them control of the land so that they can launch a capital campaign. The option to lease provides the Senior Center the Packet Page 167 of 312 Edmonds City Council Approved Minutes December 9, 2014 Page 15 option to lease the ground for a term of 55 years with extensions. The lease identifies the terms of the agreement when they actually break ground on the new center. The City Attorney, Public Works Department and she have thoroughly agreed the documents. She reviewed questions that have been raised. 1. Cost of the lease. Ms. Hite recommended skipping this item for now. 2. Does the Council intend to allow the Senior Center to build on the existing site? The agenda memo includes questions posed by the City Attorney regarding whether this is the optimal location for the Senior Center, does the Council want to consider development of a Senior Center at a different location or reaffirm the resolution approved this spring. Councilmember Mesaros commented although the Council should be open to considering location options, there is a historical precedent for keeping it at its present location. The strategy for a community center that many more citizens will be able to use it makes it an ideal location. Councilmember Bloom recommended the Council honor the resolution that was unanimously approved and support the Senior Center at its current location. To be questioning the location of the Senior Center at this point would be unfortunate timing as they are ready to launch their capital campaign. Councilmember Johnson commented in the event emergency access is not provided, it would be prudent to give consideration to alternatives for providing emergency services to the people who potentially will be isolated from medical services. Council President Buckshnis commented Dr. Hickman is on staff at the Senior Center. She expressed support for the resolution previously approved by the Council. 3. Assuming the current location is the best location, the Senior Center will need to follow land use codes in designing and constructing the building. Are the City’s land use regulations enough or does the Council wish to include something in the lease that would allow the City to be involved in the site plan such as where the building is located on the site, how park redevelopment occurs, etc. This can be negotiated into the lease or the City can have legislative discretion to approve or reject the proposed site plan once one is prepared. Councilmember Petso requested either it be stated in the lease or that the City have the legislative discretion to approve or reject to ensure any approval addresses the needs of the community and the senior center. She did not want to leave that up to the development code. Ms. Hite relayed the Senior Center envisions a very collaborative process. Councilmember Peterson suggested minimizing Council guidance as the Senior Center goes through their process; he preferred Council be involved at a specific percentage of design. Ms. Hite suggested identifying a public process in the lease. 4. Does the City want to take on the responsibility of the parking lot study, design, and construction? The parking lot is part of the development around the senior center as well as the park plan which is separate from the parking lot. She recommended the City take responsibility for the park land and redevelopment around the Senior Center. For Councilmember Peterson, Ms. Hite advised responsibility meant financial, design, parking lot study and construction. Councilmember Peterson observed the parking lot is shared with beach users, envisioning there could be a negotiated amount of parking for the center and beach users and the Packet Page 168 of 312 Edmonds City Council Approved Minutes December 9, 2014 Page 16 Senior Center and the City could be responsible for a percentage of the design and construction costs. He suggested the lease indicate the parking lot would be a shared expense. He was hopeful the contracts for the building, parking lot and park could be coordinated. Councilmember Mesaros asked what was the alternative to the City accepting responsibility. Ms. Hite answered the Senior Center would be responsible. Councilmember Mesaros suggested including public access to parking in the least agreement. Councilmember Petso was okay with the parking lot being the City’s responsibility as long as it was within the City’s control. She could accept shared responsibility but feared control issues may arise. Councilmember Mesaros found a shared responsibility acceptable; a percentage that was fair to the Community Center as well as the public. Councilmember Peterson commented the ideal would be the parking spaces would be designated for the Community Center during certain hours. City Attorney Jeff Taraday explained the City’s land use code will dictate a minimum number of parking spaces for the center and may do the same for the park. Councilmember Mesaros commented that may solve the ratio question. Mr. Taraday envisioned once the square footage of the building is determined, the code will require a certain number of parking spaces to serve the building. 5. Should the City require a performance bond or similar security? Councilmember Mesaros was not supportive of a performance bond or similar security unless someone could provide a compelling reason. He commented the City and Senior Center were acting in good faith and the Senior Center is taking on a fundraising campaign to provide a new building. Mr. Taraday provided a hypothetical concern, what happens if the senior center started construction on the building and could not complete it for some reason, leaving an unfinished building. Councilmember Mesaros commented a performance bond seemed punitive. Mr. Taraday explained it was required of all subdivisions. Mayor Earling clarified every construction project in the City has a bond. Councilmember Petso was convinced a bond should be required, whether it was paid for by the City, the Senior Center or a shared expense. Councilmember Bloom agreed it should be required for the Senior Center if it is required for all other development. Councilmember Mesaros agreed. 6. Are there any other concerns with the proposed lease option and ground lease? Councilmember Peterson asked when details such as when the building is available for uses other than the Senior Center, who does scheduling, etc. needed to be worked out. He wanted the Senior Center to be able to proceed but envisioned in ten years there may be new ideas regarding how the community center is used by the City; it was difficult to write a contract before it the building is constructed and before the amenities are finalized. Ms. Hite suggested there could be an ability to amend the lease in the future. She agreed some specificity is necessary for the option to lease. The building is intended to be a community center and Parks & Recreation will schedule classes and programs. The current Senior Center usage is during the day Monday – Friday 8:00 a.m. to 3:00-4:00 Packet Page 169 of 312 Edmonds City Council Approved Minutes December 9, 2014 Page 17 p.m. with rentals on the weekend. She envisioned the City would request use of the facility and programming in the late afternoon until 9:00 p.m. Monday through Thursday. the Frances Anderson Center is totally booked on those nights; additional space would be an asset to the citizens of Edmonds. She will propose that in the lease and it could be amended as necessary in the future. Councilmember Petso asked whether sample leases could be obtained from similar facilities. Ms. Hite offered to request other cities’ leases. Ms. Hite suggested she confer with the City Attorney, make revisions to the lease using the Council’s input, obtain other cities’ leases and return to Council in the next few weeks to include discussing the cost of the lease in executive session. 14. DISCUSSION REGARDING CODE OF ETHICS This item was postponed to a future meeting so that Councilmember Fraley-Monillas could present for the discussion. 15. DISCUSSION OF EDMONDS DOWNTOWN BUSINESS IMPROVEMENT DISTRICT (BID) ISSUES Economic Development & Community Services Director Patrick Doherty recalled the Council approved the BID’s work program and budget on November 18, 2014 and identified 3 key issues for further discussion, 1) assessment rate structure, 2) delinquent payment collections, and 3) BID boundary expansion. With regard to the assessment rate structure, Mr. Doherty referred to the existing rate structure for open door and by appointment businesses in the agenda packet. He researched 11 other BIDs; the one that is the most similar is Poulsbo in that it uses square footage of the business to determine the assessment rate. Poulsbo’s rates are very similar to the BID for businesses under 500 square feet, higher for 500-1000 and substantially lower for large businesses although Poulsbo’s cap is substantially higher. In the remainder of the BIDs/BIAs including one being proposed in Ballard, eight in Seattle, and Olympia, the assessment structures vary widely and include square footage, size of property, property owners versus business owners, gross income, number of employees, parking spaces, flat fees and a combination. If the Council wished to pursue revising the assessment structure, 3-4 options could be developed. Councilmember Mesaros asked how the current rate structure was determined. Mr. Doherty advised it was proposed by the BID proponents, discussed with staff and presented and approved by Council. Councilmember Petso explained she has meet with a number of people on this issue. She requested Mr. Doherty investigate adjusting the fee structure in the near term to take into account the following objectives: lowering the cost for smaller businesses, lowering the cost for appointment only businesses and perhaps creating an additional discount for businesses not at street grade. She suggested if those objectives could be considered promptly, there may be enough goodwill created to look at more complicated issues such as whether to charge based on number of employees, square foot, property owner, or other creative alternatives that exist. Her near term objective was to demonstrate responsiveness and this might be a way to do that without actually losing a wheel. Councilmember Bloom expressed support for revising the BID assessment rate structure. In conversations with a lot of people, owners of appointment only and open door businesses, she found a lot of contention and concern about the fees that are levied. First, there are a number of businesses who believe the BID provides them no benefit. The BID’s mission was to provide value to everyone, that there would be benefit to all members. That is already not the case. She acknowledged the BID Board was working very Packet Page 170 of 312 Edmonds City Council Approved Minutes December 9, 2014 Page 18 hard and has done a great deal of work. Second, the way the fees are structured essentially penalizes small businesses. For example, a business over 5,000 square feet such as IGA, pays $600/year; an open door business of up to 500 square feet pays $360/year, more than half as much as IGA does. In her opinion this was a significant issue. The University District uses a per square foot calculation but has a lower minimum. Councilmember Bloom relayed another issue related to the things that the BID is paying for that benefit property owners. For example, there was an allocation of over $600 for Christmas lights on Main Street. She questioned how that provided any benefit other than to those businesses and said it was a benefit to the property owner rather than the businesses because it essentially subsidized the property owners. She recommended including the property owners in a change to the assessment rate structure, commenting the best measure of the value provided by the BID was the increase in property values. Including the property owners in the rate assessment structure would also mean including condominiums. She suggested the fees could be adjusted in a way that would include property owners and lower the fee for other businesses. Councilmember Peterson disagreed with Councilmembers Bloom and Petso. He recalled an incredible amount of work went into determining the rate structure including review of all the BIDs Mr. Doherty referred to. He has talked to a lot of businesses who are thrilled with the rate structure and what the BID is doing. Any time there is a fee involved, there will be a camp of people who do not want to pay it and others who love it, whether it is federal income tax or a ferry ride. He envisioned if a per square foot price were instituted, larger footprint stores like IGA would be just as furious. He noted Christmas lights were unlikely to increase property values but they add tremendous value to every business throughout the BID especially at this time of the year to businesses and to businesses outside the core. He summarized the assessment structure was well thought out and not everyone would be happy with the fee. He was more than happy to pay the fee and felt the BID benefited the area. Councilmember Peterson pointed out the BID is very young; if the Council decides to monkey around with their fees, next year the larger stores like IGA will be complaining which will require changing the assessment again. Continually adjusting the rate structure will never allow the BID to do the work they were established to do. He suggested giving the BID time and not micromanaging the fee structure. The BID did a lot of work establishing the rate assessment, the Council approved the rate and the Council should live with it. Councilmember Mesaros relayed in speaking with one BID member about the fees and the proposal to have property owner pays the assessment instead of businesses, they were not in favor of that proposal because they feared the property owner would increase their lease, possibly even more than the assessment. The business was very supportive of the assessment rate structure, echoing some of Councilmember Peterson’s comments that no one likes to pay additional fees but they could see the long term benefit to their business and the City. He spoke with another BID member who has an office on the second floor that pays the higher amount for by appointment business. He was very pleased to be part of the BID and saw the benefits it provided their employees and in attracting employees. Councilmember Petso commented Councilmember Bloom thinks she did not go far enough and Councilmember Peterson thinks she went way too far. She repeated her suggestion in the hope that the BID Board would not object; she favored lowering the fee for small businesses, lowering the amount changed to appointment only businesses, and providing a small discount for businesses that are not at grade. The rationale for her suggestions was the last packet provided solid evidence that the BID was over-charging small businesses relative to large businesses and there was a sense and possibly fact that a lot of what the BID wants to accomplish would benefit open door businesses versus appointment only businesses. Either a fee reduction or a fee schedule that shifts more of the cost to open door businesses would help start on the path of not having a business community and Council divided on this issue. Packet Page 171 of 312 Edmonds City Council Approved Minutes December 9, 2014 Page 19 For the audience, Councilmember Peterson pointed out there currently is a significant difference in the rate structure between open door businesses and appointment only businesses. Councilmember Bloom commented what she meant about the Christmas lights was the BID was subsidizing the property owners; the lights should have been the property owners’ expense. Ultimately the only way to measure the success of the BID was an increase in property values. She has spoken with numerous businesses; Councilmember Mesaros has spoken to two businesses. Councilmember Mesaros asked for a number. Councilmember Bloom answered probably 30. Councilmember Peterson commented the intent of the BID is to increase business, not increase property values. Councilmember Bloom said she has not spoken to any appointment only businesses who feel the BID provides any benefit to their business. Councilmember Peterson relayed that he has spoken to a lot. Councilmember Bloom said not only has she talked to numerous business that do not feel there is any benefit to their business, people are really angry about the way this was done. That is another issue that Councilmember Petso is trying to address. The BID is supposed to facilitate cooperation between business owners as well as revitalize the business area which Edmonds doesn’t really need. The way the BID was formed, switching from a petition method which did not have signatures of 60% of the businesses to a resolution method even though Ordinance 3909 says there was over 60% created such bad feelings that 21-29 businesses are in collections. Some of them are voluntarily not paying their assessment because they are so upset by the fact they are being assessed; it is a matter of principle to them. In order to address the anger about being assessed without their approval and involvement, the Council needs to look at the assessment. Councilmember Mesaros commented the BID has elected a group of leaders who are representative of the membership and their meetings are open for all members to attend and provide input. He suggested members talk to the leadership group and the leadership group make recommendations. The Council needs to honor the work done by that group. If a group of businesses do not like the decisions made by the BID Board, they should approach the BID Board, not the Council. Councilmember Petso relayed her understanding that the Council was responsible for the fee schedule and in changing the fee schedule the Council was not messing with the BID Board. Mr. Taraday responded any modification of the fee schedule requires a public hearing and notice the same as the original fee schedule. Councilmember Petso asked whether the Council had an obligation to ensure there was a relationship between the revenue generated by BID and the programs the BID spend the money on. For example if 100% of the money came from appointment only businesses and the work plan proposed spending 100% of the money on advertising for open door businesses, would the Council be expected to make an adjustment. Mr. Taraday answered the primary obligation of the Council with regard to oversight is to determine that there is special benefit to the assessed businesses. The BID collects a special assessment; there is to be a relationship between the assessment and the benefit. COUNCILMEMBER MESAROS MOVED, SECONDED BY COUNCIL PRESIDENT BUCKSHNIS, TO EXTEND THE MEETING FOR 15 MINUTES. MOTION CARRIED UNANIMOUSLY. Mr. Taraday clarified he did not want the statement he just made to be interpreted to mean that each single business owner needs to see that benefit for him or herself. The statute does not require that level of precision. In the aggregate, there should be a relationship between the classifications of businesses that are being assessed and the assessment. Councilmember Mesaros clarified in his previous statement about honoring the recommendations of the BID, he was not intimating that the Council did not have the responsibility to approve or alter that recommendation. When an elected group that represents a body presents a recommendation, it should be Packet Page 172 of 312 Edmonds City Council Approved Minutes December 9, 2014 Page 20 the exception that the Council makes changes versus making changes because some members do not like the decisions that have been made. Council President Buckshnis commented it was unlikely the Council would reach resolution tonight. This is a small portion of the City’s $93 million budget and there are other, more pressing issues. She suggested conducting a survey using Survey Monkey. She has only heard from three people and everyone else seems satisfied. She summarized it may depend on who a Councilmember talks to. Councilmember Johnson commented she was an early supporter of the BID and she appreciated their self- governance. She did not expect 100% satisfaction; it appeared there was a 90% satisfaction rate or at least a 90% quiet majority. She encouraged anyone who was dissatisfied to participate directly in the BID process and she encouraged the Council to stay the course long enough to see the benefit of the BID structure. She did not support any changes but encouraged those who were dissatisfied to voice their concerns to the BID Board and for the BID Board to address their concerns. To Councilmember Mesaros, Councilmember Bloom explained the BID Board did not set the fee schedule. It was recommended by a group of business owners who circulated petitions to present to Council. They did not obtain 60% and the method was changed midstream which was very confusing. To Councilmember Johnson’s comment about a 90% quiet majority, Councilmember Bloom explained she has spoken to a lot of people who are afraid to come forward and many who are mad but do not have the time to get involved. Because people are unable/unwilling to come forward did not equate to a 90% quiet majority. Councilmember Bloom appreciated Council President Buckshnis’ suggestion for a survey/poll of the membership. She recommended it be done anonymously by a third party. It was the Council’s responsibility to conduct a survey because the 60% approval was not achieved and the BID was formed by resolution. The Council needs to determine if there is 60% approval. She requested Mr. Doherty research a way to do a statistically valid anonymous survey to determine if there is 60% approval. Councilmember Mesaros said he realized the Board of Directors did not recommend the fee structure. However the current Board has not recommended any changes to the structure and their budget utilized the same assessment structure. Mr. Doherty agreed. Councilmember Petso commented it is a fairness issue. If organization wants to spend 75% of the assessments on projects that have a larger benefit to open door businesses, then 75% of the assessments should come from those businesses. She hoped the BID Board would discuss and recommend a revision to the assessment rate schedule. Mr. Doherty explained the intent was at some point for a majority of the Council to indicated whether they wanted to reconsider the assessment rate structure. Council President Buckshnis commented the process took three years and during that time some businesses changed. She accepted the ruling provided by the City Attorney. She suggested an opinion poll via Survey Monkey. She preferred to let the BID go another year before changing the assessment structure. She noted 27 of the over 300 businesses did not pay their assessment. With regard to the collection policy for delinquent payments, Mr. Doherty explained the current procedure is assessments are billed quarterly. If payment is not received, a 30-day letter is sent. If a business responded in any way, staff works with the business and has worked with businesses for up to a year. If a business does not respond at all, they are eventually sent to collections which is what other cities do. In his opinion not having collections may not be legal and it would undermine the system. To illustrate the level of disagreement, Councilmember Bloom recalled a conversation with a business that is voluntarily going to collections to make a statement and he is not the only one. She was inclined to Packet Page 173 of 312 Edmonds City Council Approved Minutes December 9, 2014 Page 21 suggest collections be suspended until the matter is resolved but did not feel other Councilmembers would support that. With regard to expanding/ revising the BID boundary, Mr. Doherty explained this issue was raised by the BID in their work program but Mr. Taraday pointed out it was not an appropriate task for the BID. If the Council was interested in expanding/revising the boundary, a majority of the Council would need to direct staff to proceed. Staff’s position is that is not an issue right for the next year. He suggested the following issues be presented to the Council in the future for a vote: • An assessment study and develop options • Revisit the collection policy • Consider revising the boundary • Options for a survey Council President Buckshnis agreed with expanding the boundaries particularly with the opening of Salish Crossing. Councilmember Peterson suggested allowing Salish Crossing to get up and running for at least a year. Councilmember Bloom commented the only way she would support expanding the boundaries would be if the fees were adjusted. COUNCILMEMBER PETERSON MOVED, SECONDED BY COUNCILMEMBER MESAROS, TO EXTEND THE MEETING FOR 7½ MINUTES. MOTION CARRIED UNANIMOUSLY. 16. SISTER CITY COMMISSION MATCHING GRANT REQUEST Economic Development & Community Services Director Patrick Doherty explained the Edmonds Sister City Commission received a $500 grant from the US Charitable Gift Trust to support activities related to the mission of the Sister City Commission, which is to promote international communication and understanding through exchanges of people, ideas and culture. One of the goals of the Commission for 2015 is to present a series of cultural/educational events at local schools intended to introduce children in the Edmonds community to the Japanese culture. With an additional $500 from the City Council to match the $500 provided by the US Charitable Gift Trust, the Sister City Commission will be able to carry out this program. Councilmember Petso suggested more information be included in the packet in the future such as the grant application to the other agency. It was the consensus of the Council to schedule this on next week’s Consent Agenda. 17. DISCUSSION OF THE DRAFT HOUSING ELEMENT FOR THE 2015 COMPREHENSIVE PLAN UPDATE This item was postponed to the January 13 meeting. 18. REPORT ON OUTSIDE BOARD AND COMMITTEE MEETINGS This item was postponed to a future meeting. 19. MAYOR'S COMMENTS Packet Page 174 of 312 Edmonds City Council Approved Minutes December 9, 2014 Page 22 Mayor Earling reminded of the Town Hall meeting tomorrow at Pt. Edwards from 6:30 to 8:30 p.m. He has used the green umbrellas outside City Hal and has head very positive feedback from the community including noticing the several green umbrellas in use at a time. Mayor Earling reported three candidates for the judge position have been interviewed. He will provide the Council his recommendation next week. 20. COUNCIL COMMENTS Councilmember Peterson announced his reappointment of Kevin Garrett and John Dewhirst to the Economic Development Commission. Councilmember Bloom reported the Tree Board has completed their work on the Tree Code. Senior Planner Kernen Lien will present the Code to the Council in the future and then to the Planning Board. She relayed her thanks to the consultant Elizabeth and staff. She reported on an affordable housing symposium she attended where she met John Owens, Makers, who will be doing the development code update. Councilmember Johnson wished her father, who was born in 1926 and is 88 years old, a Happy Birthday. Council President Buckshnis relayed Mayor Earling and she are meeting with attorneys and lobbyists about the alternatives study as well as have a meeting scheduled with BNSF. Councilmember Johnson, Mayor Earling and she are also meeting with individual legislators in an effort to clarify how important emergency access and other issues with the train tracks are to Edmonds. 21. CONVENE IN EXECUTIVE SESSION REGARDING PENDING OR POTENTIAL LITIGATION PER RCW 42.30.110(1)(i) This item was not needed. 22. RECONVENE IN OPEN SESSION. POTENTIAL ACTION AS A RESULT OF MEETING IN EXECUTIVE SESSION This item was not needed. 13. ADJOURN With no further business, the Council meeting was adjourned at 10:22 p.m. Packet Page 175 of 312 Edmonds City Council Approved Minutes January 6, 2015 Page 1 EDMONDS CITY COUNCIL APPROVED MINUTES January 6, 2015 Following a reception for Councilmember Strom Peterson at 6:00 p.m., the Edmonds City Council meeting was called to order at 6:30 p.m. by Mayor Earling in the Council Chambers, 250 5th Avenue North, Edmonds. ELECTED OFFICIALS PRESENT Dave Earling, Mayor Diane Buckshnis, Councilmember Kristiana Johnson, Councilmember Lora Petso, Councilmember Strom Peterson, Councilmember Joan Bloom, Councilmember (arrived 6:40 p.m.) Adrienne Fraley-Monillas, Councilmember Thomas Mesaros, Councilmember ALSO PRESENT Noushyal Eslami, Student Representative STAFF PRESENT Phil Williams, Public Works Director Carrie Hite, Parks & Recreation Director Scott James, Finance Director Patrick Doherty, Econ. Dev & Comm. Serv. Dir. Jerry Shuster, Stormwater Eng. Program Mgr. Rob English, City Engineer Carolyn LaFave, Executive Assistant Jeff Taraday, City Attorney Scott Passey, City Clerk Jerrie Bevington, Camera Operator Jeannie Dines, Recorder 1. CONVENE IN EXECUTIVE SESSION TO DISCUSS A REAL ESTATE MATTER PER RCW 42.30.110(1)(c). At 6:30 p.m., Mayor Earling announced that the City Council would meet in executive session to discuss a real estate matter per RCW 42.30.110(1)(c). He stated that the executive session was scheduled to last approximately 20 minutes and would be held in the Jury Meeting Room, located in the Public Safety Complex. No action was anticipated to occur as a result of meeting in executive session. Elected officials present at the executive session were: Mayor Earling, and Councilmembers Johnson, Fraley-Monillas, Buckshnis, Peterson, Petso, Bloom and Mesaros. Others present were City Attorney Jeff Taraday, Parks & Recreation Director Carrie Hite, and City Clerk Scott Passey. At 6:53p.m., Mayor Earling announced to the public present in the Council Chambers that an additional 5 minutes would be required in executive session. The executive session concluded at 6:58 p.m. 2. MEET WITH SISTER CITY CANDIDATE NORIKO TSENG FOR CONFIRMATION TO THE EDMONDS SISTER CITY COMMISSION At 6:59 p.m., the City Council met with Sister City Candidate Noriko Tseng. The meeting took place in the Council Chambers, located in the Public Safety Complex. All City Councilmembers and Mayor Earling were present. Mayor Earling reconvened the regular City Council meeting at 7:05 p.m. and led the flag salute. 3. ROLL CALL City Clerk Scott Passey called the roll. All elected officials were present. Packet Page 176 of 312 Edmonds City Council Approved Minutes January 6, 2015 Page 2 4. APPROVAL OF AGENDA COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER PETERSON, TO APPROVE THE AGENDA IN CONTENT AND ORDER. MOTION CARRIED UNANIMOUSLY. 5. APPROVAL OF CONSENT AGENDA ITEMS COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: A. APPROVAL OF CITY COUNCIL MEETING MINUTES OF DECEMBER 16, 2014 B. APPROVAL OF CLAIM CHECKS #212021 THROUGH #212168 DATED DECEMBER 18, 2014 FOR $1,400,051.90, #212169 DATED DECEMBER 22, 2014 FOR $8,759.24 AND #212170 THROUGH #212285 DATED DECEMBER 31, 2014 FOR $629,152.24. APPROVAL OF PAYROLL DIRECT DEPOSIT AND CHECKS #61408 THROUGH #61418 FOR 463,333.53, BENEFIT CHECKS #61419 THROUGH #61425 AND WIRE PAYMENTS OF $440,831.50 FOR THE PAY PERIOD DECEMBER 1, 2014 THROUGH DECEMBER 15, 2014. APPROVAL OF PAYROLL REPLACEMENT CHECK #61426 FOR $708.90. APPROVAL OF PAYROLL DIRECT DEPOSIT AND CHECKS #61427 THROUGH #61435 DATED JANUARY 5, 2015 FOR $485,727.78, BENEFIT CHECKS #61436 THROUGH #61446 AND WIRE PAYMENTS OF $415,215.01 FOR THE PAY PERIOD DECEMBER 16, 2014 THROUGH DECEMBER 31, 2014 C. APPROVAL OF RESOLUTION THANKING COUNCILMEMBER DIANE BUCKSHNIS FOR HER SERVICE AS COUNCIL PRESIDENT D. APPROVAL OF RESOLUTION THANKING COUNCILMEMBER STROM PETERSON FOR HIS SERVICE AS A COUNCILMEMBER E. CONFIRMATION OF NORIKO TSENG TO THE EDMONDS SISTER CITY COMMISSION 6. SELECTION OF COUNCIL PRESIDENT FOR 2015 Mayor Earling reviewed the selection process: The Mayor will call for nominations. No Councilmember may nominate more than one person for a given office until every member wishing to nominate a candidate has had an opportunity to do so. Nominations do not require a second. The Mayor will repeat each nomination until all nominations have been made. When it appears no one else wishes to make a nomination, the Mayor will ask again for nominations. If none are made, the Mayor will declare the nominations closed. After the nominations are closed, the Mayor will call for a vote in the order that the nominations were made. Councilmembers will be asked to signify their vote by raising their hand. As soon as a nominee receives four votes, the Mayor will declare the Council President elected and no votes will be taken on the remaining nominees. The same process will be repeated for the election of the Council President Pro Tem. COUNCILMEMBER PETSO MOVED, SECONDED BY COUNCILMEMBER BLOOM, TO DO THE ELECTIONS BY BALLOT RATHER THAN IN ORDER OF NOMINATION. Mayor Earling clarified it would be a written ballot. Councilmember Petso agreed State law does not permit a secret ballot. Packet Page 177 of 312 Edmonds City Council Approved Minutes January 6, 2015 Page 3 MOTION CARRIED (6-1), COUNCILMEMBER PETERSON VOTING NO. Mayor Earling opened nominations for Council President. COUNCILMEMBER PETERSON NOMINATED ADRIENNE FRALEY-MONILLAS FOR THE POSITION OF COUNCIL PRESIDENT. There were no further nominations. NOMINATION OF ADRIENNE FRALEY-MONILLAS FOR COUNCIL PRESIDENT FOR 2015 CARRIED UNANIMOUSLY. 7. SELECTION OF COUNCIL PRESIDENT PRO TEM FOR 2015 COUNCILMEMBER BLOOM NOMINATED LORA PETSO FOR THE POSITION OF COUNCIL PRESIDENT PRO TEM. COUNCILMEMBER BUCKSHNIS NOMINATED KRISTIANA JOHNSON FOR THE POSITION OF COUNCIL PRESIDENT PRO TEM. COUNCILMEMBER PETERSON NOMINATED THOMAS MESAROS FOR THE POSITION OF COUNCIL PRESIDENT PRO TEM. There were no further nominations. Councilmember Bloom made a statement regarding her nominee; since she has been in on office there has been an ongoing, not so subtle campaign to diminish the status of the legislative branch of Edmonds government. Today Council is considering taking part in diminishing its own status, considering breaking precedent by electing a member, Councilmember Mesaros, who has less than ten months of experience, to a position of authority within the Council. She felt this disrespected the Council’s role in government and also disrespects the voters who place the Council in a position of responsibility. She nominated Councilmember Petso because she has over eight years of experience as a Councilmember and is the most qualified to be Council President Pro Tem. Councilmember Peterson said he proudly nominated Councilmember Mesaros; although he has served on the Council a short time, his work has been exemplary. His ability to work within the community, with staff, and with Councilmembers; his even demeanor; and his view for moving the process forward no matter the outcome says a lot for his legislative stance. His professional work outside the community has been tremendous. He was honored to nominate Councilmember Mesaros for this position. Councilmember Buckshnis explained she nominated Councilmember Johnson who served as Council Pro Tem last year and could have been Council President this year. She served on a number of committees last year, her leadership is well known and she should continue for another year as Council President Pro Tem. City Clerk Scott Passey distributed Roll Call sheets to be used as ballots and read the results of each ballot: Nominee Votes Councilmember Ballot 1 Councilmember Johnson 2 Buckshnis, Johnson Councilmember Mesaros 2 Mesaros, Peterson Councilmember Petso 2 Petso, Bloom Packet Page 178 of 312 Edmonds City Council Approved Minutes January 6, 2015 Page 4 Abstain Fraley-Monillas Councilmember Fraley-Monillas asked for clarification that four votes for one person were required to select the Council President Pro Tem. City Attorney Jeff Taraday agreed. Nominee Votes Councilmember Ballot 2 Councilmember Johnson 2 Buckshnis, Johnson Councilmember Mesaros 2 Mesaros, Peterson Councilmember Petso 2 Petso, Bloom Abstain Fraley-Monillas Ballot 3 Councilmember Johnson 2 Buckshnis, Johnson Councilmember Mesaros 2 Mesaros, Peterson Councilmember Petso 2 Petso, Bloom Abstain Fraley-Monillas Councilmember Fraley-Monillas explained she abstained from the vote because all three nominees have valuable input and ways to serve the City and she did not want to alienate anyone. If the vote is a 3-3 tie, she will have to break tie but at this point she did not intend to enter into the election. Nominee Votes Councilmember Ballot 4 Councilmember Johnson 2 Buckshnis, Johnson Councilmember Mesaros 2 Mesaros, Peterson Councilmember Petso 2 Petso, Bloom Abstain Fraley-Monillas Ballot 5 Councilmember Johnson 2 Buckshnis, Johnson Councilmember Mesaros 2 Mesaros, Peterson Councilmember Petso 2 Petso, Bloom Abstain Fraley-Monillas Mayor Earling relayed a question whether the Council wanted to adjourn to executive session for discussion or continue voting. Council President Fraley-Monillas asked whether adjourning to executive session would be appropriate. Mr. Taraday offered to review the statute; he did not believe it would be appropriate because although the Council can adjourn to executive session to discuss the qualification of a candidate for appointment to a vacancy, but did not think it was appropriate in this circumstance. Councilmember Johnson observed it would take four votes to select a Council President Pro Tem not just a simple majority. City Clerk Scott Passey agreed four votes would be required. Mr. Taraday advised four votes is a simple majority of the seven Councilmembers present. Nominee Votes Councilmember Ballot 6 Councilmember Johnson 2 Buckshnis, Johnson Councilmember Mesaros 2 Mesaros, Peterson Councilmember Petso 2 Petso, Bloom Abstain Fraley-Monillas Packet Page 179 of 312 Edmonds City Council Approved Minutes January 6, 2015 Page 5 In response to the earlier question, Mr. Taraday advised in his opinion the exemption for evaluating the qualifications of a candidate for appointment to elective office did not apply. While each Councilmember holds elective office, he did not consider the Council Presidency to be an elective office in the way that the phrase is used in the RCW. He recommended the Council not go into executive session to discuss the qualifications of the candidates. Nominee Votes Councilmember Ballot 7 Councilmember Johnson 2 Buckshnis, Johnson Councilmember Mesaros 2 Mesaros, Peterson Councilmember Petso 2 Petso, Bloom Abstain Fraley-Monillas Mayor Earling declared a five minute recess. Nominee Votes Councilmember Ballot 8 Councilmember Johnson 2 Buckshnis, Johnson Councilmember Mesaros 2 Mesaros, Peterson Councilmember Petso 2 Petso, Bloom Abstain Fraley-Monillas Ballot 9 Councilmember Johnson 2 Buckshnis, Johnson Councilmember Mesaros 2 Mesaros, Peterson Councilmember Petso 2 Petso, Bloom Abstain Fraley-Monillas Councilmember Petso asked whether the candidates could make a statement regarding their interest in the position. Mayor Earling answered that was not in keeping with past protocol. Mr. Taraday advised the Council can alter its own procedure. Councilmember Petso thanked Councilmember Johnson for her work this year and Councilmember Mesaros for his interest in serving in this role. She would be happy to serve in the role of Council President Pro Tem for the coming year, having worked with Council President Fraley-Monillas in the past. She would serve without the expectation of it being a building block toward the future. She expressed the goal of being inclusive of all Councilmembers and trying to ensure everyone is aware of things she is working on and her plans. Councilmember Mesaros was pleased Councilmember Peterson nominated him. He was excited to serve as Council President Pro Tem. He brings new ideas and ways of doing things and a fresh approach to the Council. In response to Councilmember Bloom’s comment about his lack of longevity on the Council, he viewed that as a strength with regard to what he can bring to the table such as his leadership experience working in healthcare and consulting. He was eager to serve the City in this role. Councilmember Johnson said her primary goal was to serve the residents and citizens of Edmonds. She agreed Councilmember Petso has had quite a lot of experience including serving as Council President Pro Tem twice and Council President once. Councilmember Mesaros brings a fresh set of eyes and his lack of experience should not disqualify him. She offered continuity between the old and new Council administration. The Council needs to work together and she found these discussions uncomfortable because they seem so divisive at a time when the Council should be working together. Packet Page 180 of 312 Edmonds City Council Approved Minutes January 6, 2015 Page 6 Council President Fraley-Monillas asked whether the Council President Pro Tem must be selected tonight. Mr. Taraday read from ECC 1.02.031, Following the initial six month term, the Council President shall be elected for one year terms by the City Council at the first Council meeting of each year and shall serve a one year term until his/her successor is elected. At the same time, the City Council shall elect the Council President Pro Tempore. He summarized according to the City Code it needed to be done at this meeting but there was no State law that required it. Nominee Votes Councilmember Ballot 10 Councilmember Johnson 2 Buckshnis, Johnson Councilmember Mesaros 2 Mesaros, Peterson Councilmember Petso 2 Petso, Bloom Abstain Fraley-Monillas Ballot 11 Councilmember Johnson 2 Buckshnis, Johnson Councilmember Mesaros 2 Mesaros, Peterson Councilmember Petso 2 Petso, Bloom Abstain Fraley-Monillas Council President Fraley-Monillas offered a list of things she needs from a Council President Pro Tem in order to be efficient and do her job well: • Makes decisions quickly and efficiently • Think outside the box, just because something has been done one way doesn’t mean that has to continue • Help manage special projects that may come up, again thinking outside the box • Ability to be easily reached for discussion Council President Fraley-Monillas suggested if the Councilmember did not fit those qualifications, he/she not be successful in the position in the coming year. As outgoing Council President, Councilmember Buckshnis commented the Council started last year and the previous year on a rocky road; she had thought tonight would be a seamless process and suggested the Council work together. The resolution commending her for her service as Council President enumerates all the work the Council accomplished last year as a team. Similar to Councilmember Johnson, she found this process embarrassing and disruptive. She reiterated Councilmember Johnson is the best candidate for the position of Council President to provide continuity. Nominee Votes Councilmember Ballot 12 Councilmember Johnson 2 Buckshnis, Johnson Councilmember Mesaros 2 Mesaros, Peterson Councilmember Petso 2 Petso, Bloom Abstain Fraley-Monillas Ballot 13 Councilmember Johnson 2 Buckshnis, Johnson Councilmember Mesaros 2 Mesaros, Peterson Councilmember Petso 2 Petso, Bloom Abstain Fraley-Monillas Packet Page 181 of 312 Edmonds City Council Approved Minutes January 6, 2015 Page 7 COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER PETERSON, TO MOVE #7, SELECTION OF COUNCIL PRESIDENT PRO TEM, TO ITEM 18A. MOTION CARRIED (6-1), COUNCILMEMBER BLOOM VOTING NO. 8. APPOINTMENT OF COUNCIL COMMITTEE REPRESENTATIVES FOR 2015 Council President Fraley-Monillas read the appointments: Committee Representative Community Transit Mayor Earling & Councilmember Buckshnis (Alt) Disability Board Councilmember Bloom & Council President Fraley-Monillas Economic Development Commission Councilmembers Mesaros & Petso Highway 99 Task Force Council President Fraley-Monillas & Councilmember Johnson Historic Preservation Advisory Commission Councilmembers Petso & Johnson Lake Ballinger Work Group Councilmember Buckshnis Lodging Tax Advisory Committee Position #2 Mayor’s Climate Protection Committee TBD PFD Oversight Committee Councilmember Petso PFD Task Force Not meeting at present Councilmember Petso if meetings resume Port of Edmonds Councilmembers Bloom & Mesaros Regional Fire Authority Not meeting at present Councilmember Petso and Mayor Earling if meetings resume SeaShore Transportation Forum Councilmember Mesaros Snohomish County Emergency Radio System Governing Board Position #2 SNOCOM Councilmember Mesaros Snohomish Health District Council President Fraley-Monillas Snohomish County Tomorrow Councilmembers Buckshnis & Bloom Salmon Recovery – WRIA-8 Councilmember Buckshnis Transportation Committee Councilmember Johnson Tree Board Liaison Councilmember Bloom COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER MESAROS, TO APPROVE THE APPOINTMENT OF COUNCIL COMMITTEE REPRESENTATIVES FOR 2015. MOTION CARRIED UNANIMOUSLY. 9. RESOLUTION APPOINTING A COUNCILMEMBER TO THE SNOHOMISH HEALTH DISTRICT BOARD COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER PETSO, TO ADOPT RESOLUTION 1330 APPOINTING COUNCIL PRESIDENT FRALEY-MONILLAS TO THE SNOHOMISH COUNTY HEALTH DISTRICT BOARD. Councilmember Johnson said she had no problem with appointing Council President Fraley-Monillas. She expressed concern with the wording in Section 1 that identifies the appointee for the calendar year 2015 and thereafter until such time as the Council shall make a new appointment. She preferred to make the appointment for the calendar year 2015 and make the appointment annually as has been done in the past. Packet Page 182 of 312 Edmonds City Council Approved Minutes January 6, 2015 Page 8 Councilmember Peterson asked whether the resolution reflected the same language that was used in the past. City Clerk Passey advised the same wording was used in the past. He referred to a scrivener’s error at the end of the resolution, the date of January 6, 2016 should be January 6, 2015. Mayor Earling answered the language “until such time as the Council shall make a new appointment” would address a situation where a successor was not named immediately, the previous appointee could continue until a new appointment was made. Council President Fraley-Monillas found the language in the resolution acceptable. MOTION CARRIED UNANIMOUSLY. 10. RESOLUTION APPOINTING A REPRESENTATIVE AND ALTERNATE TO THE SNOHOMISH COUNTY PUBLIC TRANSPORTATION BENEFIT AREA CORPORATION COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER PETERSON, TO APPROVE RESOLUTION 1331, APPOINTING DAVE EARLING AS THE REPRESENTATIVE AND COUNCILMEMBER BUCKSHNIS AS THE ALTERNATE TO THE SNOHOMISH COUNTY PUBLIC TRANSPORTATION BENEFIT AREA CORPORATION. Councilmember Bloom relayed she did not understand why the Mayor was appointed to this position rather than a Councilmember. Instead of voting tonight, she suggested postponing a decision to allow discussion at a work session. She was not opposed but she wanted to understand. Councilmember Buckshnis relayed Mayor Earling has a tremendous amount of knowledge related to Snohomish County Public Transportation and she believed he was the best fit for this appointment. Mayor Earling offered to provide some background. Councilmember Bloom reiterated she did not understand why this was not a Council position and she preferred to discuss it at a study session. Council President Fraley-Monillas explained the reason she assigned Mayor Earling was there were so many other committee positions to fill, if the Mayor was willing to take on a committee, she was willing because it was one less committee meeting for a Councilmembers to attend. Councilmember Johnson suggested it was appropriate to move a topic to a study session when one Councilmember wanted to discuss it at a study session. COUNCILMEMBER BLOOM MOVED, SECONDED BY COUNCILMEMBER JOHNSON, TO POSTPONE THIS ITEM TO A STUDY SESSION. Councilmember Peterson asked if the motion to postpone was in order. Mr. Taraday offered to research. Council President Fraley-Monillas advised no one on the Council asked to serve on this committee. Councilmember Buckshnis asked whether this appointment was time sensitive. She was concerned postponing to a study session and scheduling it on a subsequent business meeting agenda would mean the representative would miss a meeting. Mayor Earling advised postponing a decision would mean the City would not have a representative at Thursday’s board meeting. Councilmember Mesaros suggested voting on the assignment but still have a study session regarding the role of the position and how it benefits the City. Packet Page 183 of 312 Edmonds City Council Approved Minutes January 6, 2015 Page 9 Mayor Earling explained the appointment to Community Transit is a position that could be filled by the Mayor or a Councilmember. If he is not appointed, the City will also lose its seat at on the Sound Transit Board because one follows the other. Community Transit has a two year election cycle; elections were held last year. Although there are three larger cities, Lynnwood, Marysville and Edmonds, there are only two seats and which cities fill those seats is decided by those three cities. If he was not the representative, the other two members would have the discretion to appoint the Lynnwood representative who was currently an alternate. He summarized if he is not appointed tonight, the City runs the risk of not having a Community Transit seat and guarantees the City does not having a Sound Transit seat. In response to the earlier question, Mr. Taraday advised the motion to postpone is in order even when another motion is pending. Councilmember Bloom expressed her appreciation for Mayor Earling’s explanation. This has confused her every year for the past three years and this is first she has heard about the connection between the positions. That was the reason she wanted to postpone the appointment to clarify and understand the role of the two positions and the value of appointing the Mayor rather than a Councilmember. She acknowledged they are two very important positions and the Council should consider whether it was better to appoint a Councilmember rather than the Mayor. Council President Fraley-Monillas did not support a motion to postpone, reiterating no Councilmember requested this appointment. If the Council made this appointment tonight, Councilmember Petso asked whether Council President Fraley-Monillas planned to schedule this on an upcoming study session. Council President Fraley- Monillas agreed that would be appropriate. UPON ROLL CALL, MOTION TO POSTPONE FAILED (3-4), COUNCILMEMBERS BLOOM, JOHNSON AND PETSO VOTING YES; AND COUNCIL PRESIDENT FRALEY-MONILLAS AND COUNCILMEMBERS BUCKSHNIS, MESAROS AND PETERSON VOTING NO. MAIN MOTION CARRIED (6-1), COUNCILMEMBER BLOOM VOTING NO. 11. AUDIENCE COMMENTS Natalie Shippen, Edmonds, requested Council review of the Edmonds sign code be scheduled for March 10, 2015. This date gives the Planning Board ample time to review the sign code and submit revisions. The Planning Board’s February 25, 2015 agenda includes Urban Design Element which fits well with the sign code review since good sign codes seek to maintain the attractiveness that good urban design produces. She explained her appeal of the Planning Department’s decision on an Old Mill Town sign was directed to the Hearing Examiner. She did not believe her complaint was a matter for the Hearing Examiner who decides only whether an action complies with the code. The Planning Department correctly decided that the sign did comply with the code. The sign code section that permitted the sign needs to be changed, one of several sign code sections that need to be revised. Since only the legislative branch enacts and amends ordinances, she requested the Council execute its early 2014 decision to make review of the sign code a priority. The legislative branch sets its own agenda and the date when items are heard. Nathan Proudfoot, Edmonds, a volunteer with Emergency Services Coordinating Agency (ESCA), explained ESCA provides volunteers for Edmonds as well as several neighboring communities in South Snohomish County and North King County including Kenmore and Woodinville. He invited community members to get involved in ESCA by visiting their website, ESCA1.com or sign up for a Community Emergency Response Team (CERT) or radio class. CERT training is designed to prepare citizens to help Packet Page 184 of 312 Edmonds City Council Approved Minutes January 6, 2015 Page 10 themselves, their family and their neighbors in the event of catastrophic disaster. Professional emergency services personnel will not be available to help everyone immediately so citizens can make a difference by using their CERT training to protect and save lives. ESCA began providing CERT classes in 1996 and has graduated 800 citizens from the CERT program. The next class is January 15 – March 5, Thursdays from 7:00 – 10:00 p.m. at Northshore Fire Station 51 in Kenmore. Training is provided in emergency preparedness, fire safety, light urban search and rescue, medical triage and treatment, damage assessment, incident command, disaster psychology and terrorism. Roger Hertrich, Edmonds, wished the Council Happy New Year, commenting the Council was off to the usual start as illustrated by the Council President Pro Tem election. He referred to public comments made by bicycle enthusiasts at meetings late last year, noting it was unfortunate they did not speak out when Public Works painted over the bike lane on Sunset Avenue. The bike lane on Sunset worked very efficiently for 20 years; the current situation, bicycles sharing the substandard pathway or larger sidewalk is problematic. He recalled the bike lane was created to reduce the width of Sunset to prevent kids from cruising and parking in the middle of the street. The bike lane has existed since then and there has not been any real controversy on Sunset other than the threat of fence and planting brambles to keep people off the bluff. He suggested the City was assuming liability for injury on a sidewalk with pedestrians and bikes as well as liability for the poor design of the angle parking. He recommended it be corrected now and not allowed to continue for a year. Dave Page, Edmonds, wished the Council Happy New Year. He relayed following the last Council President Pro Tem vote, he commented to Ron Wambolt that it was democracy in action. Mr. Wambolt’s response was it beats the alternative. Mr. Page agreed, relaying he was grateful to live in a country where citizens can have it out at Council meetings and have an opportunity to make a difference. In response to Mayor Earling’s inquiry about topics for the State of the City address, he suggested talking about the good things that have been happened. The City has been through hell and walked a fine line; some cities have not recovered and are deeply in debt. The Mayor and Council have done a remarkable job in the last 2-3 years. 12. PRESENTATION OF RESOLUTION AND PLAQUE TO COUNCILMEMBER DIANE BUCKSHNIS FOR HER SERVICE AS COUNCIL PRESIDENT IN 2014 Council President Fraley-Monillas read Resolution 1328 thanking Councilmember Buckshnis for her service as Council President beginning January 7, 2014 for a one year term. Council President Fraley- Monillas presented the resolution and a plaque to Councilmember Buckshnis. Councilmember Buckshnis commented she just drove the car last year; she thanked the Council team for all the wonderful accomplishments and the tremendous job everyone did during 2014. 13. PRESENTATION OF RESOLUTION AND PLAQUE THANKING COUNCILMEMBER PETERSON FOR HIS SERVICE AS AN EDMONDS CITY COUNCILMEMBER Council President Fraley-Monillas read Resolution 1329 thanking Councilmember Peterson for his service on the City Council since he was appointed January 20, 2009 to fill Position 2 and during his subsequent election to two consecutive terms. Council President Fraley-Monillas presented the resolution and a plaque to Councilmember Peterson. Councilmember Peterson thanked the City for the resolution. With regard to the environmental work the City has worked on, when packing for his desk in Olympia he found a jar of disgusting water distributed when Algalita Marine Research Foundation made a presentation to the Council in 2009, the year the plastic gyre was discovered in the Pacific Ocean, his inspiration for the plastic bag ordinance. The community has rallied around environmental issues and has often led the way. He thanked City staff, an Packet Page 185 of 312 Edmonds City Council Approved Minutes January 6, 2015 Page 11 incredible group of people, for their dedication which is reflected in the environmental initiatives and awards the City has won. It has been a true honor to work with such dedicated professionals who care about the City and its citizens in everything they do. Councilmember Peterson thanked Mayors Earling, Cooper and Haakenson and current and past Councilmembers. He recognized being a Councilmember was a tough job, one that Councilmembers all relish and appreciate. While Councilmembers may disagree, he assured everyone was serving for the right reason and that’s what makes democracy work. He summarized he was proud to have served the citizens of Edmonds as a Councilmember and looked forward to continuing to serve the citizens of Edmonds and the 21st District in Olympia. 14. WELCOME TO THE NEW EDMONDS LIBRARIAN, CHY ROSS Parks & Recreation Director Carrie Hite explained the new Edmonds Librarian, Chy Ross, replaces former Librarian Leslie Chaplin who retired. She invited the Council to join her in welcoming Mr. Ross to the community; he has great ideas for the library and the community. Librarian Chy Ross expressed his appreciation for the warm welcome he has received in Edmonds. He is excited about the opportunity to manage the Edmonds Library. He illustrated why he loves working in the library and was excited to be at the Edmonds Library; today in a half hour on the library floor he helped a 4-year old sign up for her first library card, helped a teen select a mystery for a class assignment, helped a patron find a manual online for an electronic item, and helped another patron get set up on a public computer to complete an online job application. The Edmonds Library is busy and vital and the people of Edmonds enjoy and value the library by using in variety of ways. This is illustrated in how much library is used; in 2014 an average of 720 people visited the library each day taking advantage of a variety of resources and checking out an average of 1,000 books and materials. His focus will be to continue that good work as well as to work hard to ensure the library remains relevant and responsive to the community and to provide viable information services that the Edmonds community needs. He wants the library to be engaged with community and be a catalyst for a connected, economically sound community. His goal was that the library be the first place people think of when they have an informational need and that the library continues to be Edmonds’ community doorway to reading, resources, and lifelong learning and a center for people, ideas, and culture. He invited the Council to stop in and say hello. 15. EDMONDS DOWNTOWN BUSINESS IMPROVEMENT DISTRICT ISSUES Economic Development & Community Services Director Patrick Doherty recalled when the Council last discussed this at a study session, there were three issues raised during consideration of the Edmonds Downtown Business Improvement District (BID) 2015 work program and budget, 1) the rate structure, 2) the BID’s boundaries, and 3) collections. He referred to the memo and attachments included in the agenda packet that were reviewed at the study session and requested the Council consider whether to direct the Mayor and staff to study any of the issues and return with alternatives for Council consideration. He described the three issues: • Bid assessment rate structure o Questions have been raised regarding current rate structure. o Information provided indicates there are a variety of rate structures, no trend line to follow. • Delinquent payment collections o Current procedure Members who do not pay are sent a notice with 30 days to reply. Staff works with members who reply, even up to a year. Packet Page 186 of 312 Edmonds City Council Approved Minutes January 6, 2015 Page 12 Members who not reply, they are sent to collections • Boundary o BID offered to study whether to expand the boundaries o Determined that was a Mayor/staff work item, not a BID task Councilmember Bloom recalled the Council had a very lengthy discussion during the study session. She expressed concern that none of the previous discussions including comments made by BID members during Audience Comments were attached to agenda as is typically done. The Council was essentially starting from ground zero because she was unable to reference what had been stated during previous discussions. She felt the Council needed information regarding previous discussions to be able to discuss this. Main Motion #1 COUNCILMEMBER BLOOM MOVED, SECONDED BY COUNCILMEMBER PETSO, TO POSTPONE THIS ITEM TO NEXT WEEK’S WORK SESSION. Councilmember Petso suggested discussing this at the Council retreat. Amendment #1 COUNCILMEMBER BLOOM MOVED, SECONDED BY /COUNCILMEMBER PETSO, TO AMEND THE MOTION TO POSTPONE THIS ITEM TO THE COUNCIL RETREAT. Councilmember Buckshnis recalled the Council had decided not to pursue some items and the biggest issue was the rate structure. Councilmember Bloom recalled that as well but the agenda materials did not reflect that discussion. She preferred to discuss the issues at length at a retreat with the attachments. Council President Fraley-Monillas envisioned the retreat as an opportunity to work on goals for the next year, not as an extension of a Council meeting. She preferred to discuss this at a work session. Action on Amendment #1 AMENDMENT FAILED (2-5), COUNCILMEMBERS PETSO AND BLOOM VOTING YES. Councilmember Peterson commented the Council has had at least two work sessions on this and he was uncertain what a third work session would accomplish. The Council has discussed these issues ad nauseam and he was ready to make a decision. Finding the related information in this electronic era is simple if Councilmembers felt there was not enough information attached to the agenda. The Council has a lot of issues on future agendas including Highway 99, transportation studies, the Comprehensive Plan update, sign code, etc. He felt it was a bad way to start 2015 discussing items that have already been discussed 3-4 times in 2014. He did not support the motion to postpone. Council President Fraley-Monillas preferred to consider the issues tonight and suggested Mr. Doherty could reference any additional information. Mr. Doherty advised this was not an opportunity to decide what to do but to decide whether to direct staff to research and return with options. The information in the minutes from previous meetings are opinions and observations from the public, BID and Council regarding the importance or veracity of the issues; there is no conclusory information in the record. What was discussed at the last study session was the potential of not pursuing two of the items but a definitive decision could not be made because it was study session. The intent at this business meeting was to decide which if any of the issues to direct staff to pursue. Councilmember Bloom reiterated there was no information attached to agenda. Although it is easy to find, it is also easy to attach to the agenda. She did not support proceeding with discussion tonight when all the information was not attached to the agenda for the Council and public’s reference. It should not be Packet Page 187 of 312 Edmonds City Council Approved Minutes January 6, 2015 Page 13 the Council’s burden to sort through materials; it should be attached to the agenda for easy reference. It is helpful but also necessary to have that information available. Councilmember Johnson asked Mr. Doherty to summarize the Council’s discussion at the study session and indicate whether he has a recommendation. Call for the Question & Action COUNCILMEMBER BUCKSHNIS CALLED FOR THE QUESTION. VOTE ON CALL FOR THE QUESTION CARRIED UNANIMOUSLY. Action on Main Motion #1 MAIN MOTION FAILED (2-5), COUNCILMEMBERS PETSO AND BLOOM VOTING YES. Mr. Doherty recalled several people expressed opinions at previous study sessions. With regard to the rate structure, the BID currently has a two-tiered system whereby open door and by appointment businesses are assessed different rates. Questions have been raised regarding whether the difference between the open door and by appointment assessments rates is appropriate, whether there should a lower rate for by appointment businesses, whether the square footage ranges are too large, and concern by some that the structure is not fair to by appointment businesses and the rate is too high. Staff’s research found other BIDs utilize a variety of rate structures including square footage, size of property, gross income of the business, number of employees, etc. As he stated at the study session, staff’s soft recommendation is it may be early in the life of the BID to make a change. With regard to expanding the boundary, there was discussion at the study session that this may not be the time to raise that issue. With regard to the collection of delinquent payments, Councilmembers expressed concern at the study session with how an assessment program could be operated if members could simply opt out and not pay. As illustrated by the BID’s work program and budget, the BID projects and programs a certain income stream to fund activities in the work plan. If the BID could not count on that income because members could decide whether to pay, it would be difficult to fund a work program. Main Motion #2 COUNCIL PRESIDENT FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER PETSO, TO REQUEST THE MAYOR AND STAFF RESEARCH ALL THREE AREAS AND RETURN WITH MORE CHOICES. Councilmember Peterson reiterated the Council has had two work sessions specifically about this as well as other study sessions and presentation by the BID and staff. He was unsure what other information staff would provide. With regard to the assessment structure, there is no standard structure and he was doubtful new research would find a standard. With regard to delinquent payments, if BID members do not pay their assessment and are not willing to work with the BID, it is a delinquent payment. Expanding the BID boundaries cannot be studied if there is this much unease about how it is operated. He supported staff’s soft recommendation to allow the BID to proceed and to continue to provide feedback to the Council. Councilmember Petso asked City Attorney Jeff Taraday whether he had had an opportunity to review Washington State case law and appellant court decisions with regard to the equity of fee assessments. Mr. Taraday answered no. Councilmember Petso asked the same of Mr. Doherty. Mr. Doherty said he reviewed one case that was outlined on Municipal Services Research Center (MSRC) regarding assessments. His understanding from that case was the Edmonds Downtown BID’s assessments did not violate the conclusions of the case. That case was related to the use of the fees having some benefit for the members; the question of benefit is ultimately almost schematic and philosophical. Mr. Taraday relayed his understanding of this agenda item was to determine whether he should do that research. Packet Page 188 of 312 Edmonds City Council Approved Minutes January 6, 2015 Page 14 Amendment #1 and Action COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCIL PRESIDENT FRALEY- MONILLAS, TO AMEND THE MOTION TO BREAK IT INTO THE THREE OPTIONS AND VOTE ON THEM SEPARATELY. AMENDMENT CARRIED (6-1), COUNCILMEMBER PETERSON VOTING NO. Council President Fraley-Monillas expressed interest in more information on how to expand the boundaries. She understood now may not be the right time but research would provide information regarding what to expect. She also expressed interest in how other BIDs do collections. She agreed enough information may have already been provided regarding the rate structure. Councilmember Mesaros agreed enough information has been provided on the assessment structure. It would be interesting to learn how other BIDs collect delinquent collections. He agreed it would be good to know the process for expanding the boundary, recalling the boundary could be expanded up to 10%. Councilmember Petso explained the reason she was concerned about the rate structure was it may be illegal to charge businesses disproportionate to the benefit they receive. If the BID was overcharging by appointment businesses or small businesses relative to the benefit they could arguably be receiving, that was a concern and she preferred to allow Mr. Taraday to research that question. Councilmember Bloom agreed with Councilmember Petso, pointing out the rate structure is the most controversial issue. The information Mr. Doherty presented only illustrated the difference in the rates and nothing about fairness. She also recommended the Council consider the comments made at previous Council meetings by BID members Tom Wilks and Brent Malgarin regarding the rate structure. More than the other two issues, she felt it was very important for the Council to consider and get more information regarding the rate structure, particularly the legality. Councilmember Johnson was satisfied with the work that has been done by the Finance Director regarding delinquent payments and staff has also thoroughly described the process for expanding the boundaries. The first year a business is part of the BID, they are not assessed. She was satisfied if the Council chose to have further discussion regarding the rate structure but felt the Council did not need any additional information on the other two issues. Main Motion #3 COUNCILMEMBER PETSO MOVED, SECONDED BY COUNCILMEMBER BLOOM, THAT THE COUNCIL REQUESTS A PRESENTATION AT A STUDY SESSION REGARDING THE RATE STRUCTURE AND SPECIFICALLY INCLUDING A LEGAL REVIEW OF THE GUIDELINES FOR AN APPROPRIATE RATE STRUCTURE. Action on Main Motion #3 UPON ROLL CALL, MOTION CARRIED (5-2), COUNCIL PRESIDENT FRALEY-MONILLAS AND COUNCILMEMBERS BLOOM, BUCKSHNIS, PETSO AND JOHNSONVOTING YES; AND COUNCILMEMBERS MESAROS AND PETERSON VOTING NO. Main Motion #4 COUNCILMEMBER BLOOM MOVED, SECONDED BY COUNCILMEMBER PETSO, TO REVIEW THE METHOD OF COLLECTION AND MAKE A DETERMINATION AS TO WHETHER OR NOT TO PURSUE COLLECTIONS AGAINST THE MULTIPLE PEOPLE WHO ARE NOT PAYING THEIR FEES. Councilmember Petso asked for clarification regarding the motion. Councilmember Bloom explained she was interested in a review of how collections are being done, how many people are not paying and reviewing the appropriateness of pursuing collections. Packet Page 189 of 312 Edmonds City Council Approved Minutes January 6, 2015 Page 15 Acton on Main Motion #4 MOTION FAILED (2-5), COUNCILMEMBERS BLOOM AND PETSO VOTING YES. Main Motion #5 COUNCIL PRESIDENT FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER BLOOM, TO DIRECT THE MAYOR AND STAFF TO RESEARCH THE APPROPRIATENESS OF THE POTENTIAL BID BOUNDARY EXPANSION AND WHAT OTHER CITIES HAVE DONE. Action on Main Motion #5 MOTION FAILED (2-5), COUNCIL PRESIDENT FRALEY-MONILLAS AND COUNCILMEMBER BLOOM VOTING YES. Mayor Earling declared a brief recess. 16. PRESENTATION UPDATE ON THE WILLOW CREEK DAYLIGHT FINAL FEASIBILITY STUDY Stormwater Engineering Program Manager Jerry Shuster advised the City recently received a $157,000 grant to continue the project. Tonight’s presentation will show preliminary route options for the daylighted channel through Marina Beach Park and Ms. Hite will describe the Master Plan process. He acknowledged the City’s partners in this project: Recreation Conservation Office (RCO) who has provided three grants since 2011; Keeley O’Connell, EarthCorps, who has helped the City with this project for past 3 years and has been a great advocate in the community; and Dave Cline, Shannon & Wilson, the primary consultant on the project. David Cline, Shannon & Wilson, Inc. explained tonight’s presentation will provide an overview of the feasibility study, the alignment options and how they dovetail with the Marina Beach Master Plan process, a separate yet parallel process. He provided a lidar image of the study area, the 32-acre marsh under consideration for restoration with SR 104 on the east, Harbor Square and Dayton Street to the north, the Unocal property to the south and the BNSF railway property to the northwest that parallels the daylighted area. The image identified the existing open channel and the proposed daylight route that would need to be excavated that would cross underneath the railroad and onto Marina Beach Park. The stream currently flows along the open channel along the Unocal and BNSF property, turns into stormwater pipes, a portion owned by the Port of Edmonds, through a tidegate on the park property, through City property and discharges to Puget Sound. Mr. Cline displayed a photograph of the existing open channel looking north (Unocal property on the right and BNSF property on the left). The feasibility study looked at using the same channel alignment and the same general configuration but providing enhancements and improvements including riparian treatments such as shrubs, possibly trees, plantings and modifications to the channel to improve fish passage habitat in the form of structure allowing the appropriate velocity with tidal exchange as well as riparian cover, shading and food for fish as they move along the long, straight migration corridor. He displayed a photograph of the existing open channel looking south, identifying the area on the Unocal property that was excavated, cleaned up and filled. He identified the approximate daylight alignment that would be excavated to create a channel similar to the upstream area that would be enhanced with the same riparian wood treatments. He displayed photographs of the existing stormwater pipe outfall and the tidegate (floodgate). The project will replace the tidegate because hydrodynamic modeling in the feasibility study show flooding conditions can be improved with a daylight channel. In the current configuration, the stormwater pipes and tidegates create a chokepoint that backs up water toward SR 104 and Dayton Street. A floodgate is still needed to protect from tidal inflow into low lying interior areas. Packet Page 190 of 312 Edmonds City Council Approved Minutes January 6, 2015 Page 16 Mr. Cline reviewed the Willow Creek Daylight Project schedule: • Early Feasibility Study – Completed (May 2013) • Final Feasibility Study – In progress (July 2015) • Marina Beach Park Master Plan – In progress (July 2015) • Will Creek Daylight preliminary design – Starting (summer 2015), complete (fall 2016) Mr. Cline displayed the image of the channel, identifying the location of a pre-fabricated bridge as mitigation for Sound Transit work in the area. He described Marina Beach Preliminary Daylight options: Option A: Southerly Route near Off-Leash Dog Area After the prefabricated bridge Channel turns south of the parking lot in the off-leash dog area. He identified the location of geotechnical borings, test pits, etc. used to inform whether there was any contaminated soils, soil conditions, bank stabilization, etc. He provided photographs with a depiction of the channel alignment through the off-leash dog area, explaining this would be a large excavation, 40-50 feet across, with fairly flat side slopes and 10-foot bottom widths. The size is based on geomorphology of other tidal channels in the area. Option B: Northerly Route along Existing Grass, Parking and Beach area After the prefabricated bridge, channel goes in a northwesterly direction, through the south parking lot, the existing grassy knoll, and out through the woody debris beach area. He provided photographs with a depiction of the alignment through Marina Beach Park and the beach. Councilmember Buckshnis referred to the microalgae beds at the off-leash dog area. Mr. Cline answered that is a good food source for fish. The feasibility studies considered the shoreline attractants for migrating fish which include drift, food sources such as the microalgae beds, and the stream flow. Councilmember Buckshnis asked what happens at very low tides. Mr. Cline answered there are a lot of coastal creeks and streams that experience similar conditions at very low tide. There may not be fish passage at that time but there will be access to the channel at higher tide. The excavation will extend to the sandy area in front of the woody debris; the elevation of the channel is near the mean tide level. The tide is expected to inundate the area 50% of the time. He anticipated there would continue to be low flow at low tides due to good stream flow plus the marsh will take a long time to drain. Parks & Recreation Director Carrie Hite explained the Marina Beach Master Planning process has begun. The two preferable channels for the creek over Marina Beach will drastically change the landscape. Staff went through an RFP process; following an evaluation panel and reference checks, Walker Macy was hired to lead the public process for the Marina Beach Master Plan and they are in the process of gathering information. A Project Advisory Committee has been formed comprised with representatives of the Planning Board, Off-Leash Area, Friends of the Edmonds March, Marina Beach users, as well as Keely O’Connell and Mr. Shuster who will work with Mr. Cline and his team to match science with the Master Plan and have a robust public process to consider how Marina Beach Park look and feel with daylighting of Willow Creek. She assured there would be several touch points with the Council in the coming months and was hopeful the Master Plan would be adopted by July 2015. Councilmember Mesaros asked about plans for people to traverse the stream. Ms. Hite answered there is no plan yet. As part of the interview process, consultants were asked to provide ideas of how the stream would be incorporated into the park. Walker Macy suggested footbridges as well as adding an educational and environmental component to the park. Councilmember Petso referred to the fee the City pays the Port of Edmonds for the use of the storm pipe and asked if that pipe was connected with this project. Public Works Director Phil Williams identified the Packet Page 191 of 312 Edmonds City Council Approved Minutes January 6, 2015 Page 17 section of pipe on the Port’s property that the City’s stormwater flows through and the City pays a quarterly lease for use of the pipe. Councilmember Petso asked whether this project offers an opportunity to relocate that pipe to eliminate that lease. Mr. Williams answered the project offers opportunity to have that conversation with the Port. The pipe could have a use in the after condition as part of an active system to help with flooding problems. The flooding study, which is also a companion to this project, has not been completed. This project will remove the creek flow from that pipe and may provide opportunity to use the pipe for another useful purpose. Councilmember Petso commented the payment is not an insignificant amount and she was hopeful the project would reduce that obligation. Councilmember Johnson pointed out the City’s Comprehensive Plan includes a significant unfunded project, the relocation of the ferry to this general area. She asked whether that was considered in the feasibility studies. Ms. Hite answered yes; Walker Macy is considering the conceptual drawings in the Master Plan of Marina Beach. Councilmember Johnson referred to the alternatives analysis that may include a train trench and asked how that was considered. Mr. Williams answered the alternatives analysis could provide more information than currently exists regarding what a train trench would look like, design options for the trench, etc. There may be ways to make this project and that project compatible but that would need to be studied further. He recalled challenges identified during Tetra Tech’s presentation regarding vertical curves, linear distance required to reach a certain depth, etc. Initial estimates of the length of the train trench would put it in conflict with the current location of the bridge. Further preliminary design would need to be done to provide answers. Councilmember Johnson inquired about the public information process for the Marina Beach Master Plan. Ms. Hite answered the Project Advisory Committee will help guide the process and three public open houses are planned as well as touch points with the Planning Board, Council and public hearings. The process will include public open house, outreach to park users on initial concepts, schematic design process, another public open house to look at alternatives, presentation of alternatives to the Council and final decision on a concept. She summarized this is a Master Plan so it will be a concept design. 17. AUTHORIZATION FOR MAYOR TO SIGN PARK CONCESSION AGREEMENT WITH DOG DAY AFTERNOON FOR AN ATM AT RICHARD F. ANWAY PARK Parks & Recreation Director Carrie Hite advised this is the same agreement signed last year. The Edmonds City Code allows her and the Mayor to authorize concessions in parks. Because the code addresses seasonal concessions and this is a year-round concession, she brought this to the Council for approval. This concession is appropriate for the park, many people use the ATM before boarding the ferry and it adds to Park Department revenues. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER BLOOM, TO AUTHORIZE THE MAYOR TO SIGN PARK CONCESSION AGREEMENT WITH DOG DAY AFTERNOON FOR AN ATM AT RICHARD F. ANWAY PARK. Council President Fraley-Monillas asked how much the City receives from this concession. Ms. Hite answered $200 during the first 6 month; she offered to inform the Council when a full year’s revenue was reported. In total the City receives $10,000 for all park concessions. MOTION CARRIED UNANIMOUSLY. 18. DISCUSSION ON POTENTIAL UPDATE OF COUNCIL VACANCY INTERVIEWS, APPOINTMENT PROCESS, AND APPLICATION FORM QUESTIONS Packet Page 192 of 312 Edmonds City Council Approved Minutes January 6, 2015 Page 18 Mayor Earling advised Council President Fraley-Monillas and Councilmember Peterson have been working on this. Council President Fraley-Monillas referred to Attachment 1, Edmonds City Council Candidate Interview and Voting Process. She clarified neither she nor Councilmember Peterson had any vested interest in the process but were presenting options in an effort to make the process smoother than it was the last time. Councilmember Peterson explained he and Council President Fraley-Monillas were tasked with codifying the process. Proposed changes include: • Expanding the application to include some basic questions • Councilmembers submitting interview questions so there was consistency between interviews • In lieu of interviewing all applicants, each Councilmember would identify five to be interviewed Councilmember Peterson explained the addition of basic questions and Councilmembers each identifying five candidates to be interviewed may allow the Council to begin the interview process with some semblance of agreement. He clarified Councilmembers were not required to vote for a candidate they identified to be interviewed. When the process reaches voting, many cities do different things; he felt voting was democracy in action. Council President Fraley-Monillas said Councilmember are also encouraged to contact applicants in advance of the interview to get questions answered. She recalled a lot of time had been spent during past interviews asking candidates questions related to Councilmember’s individual interests. Extra Council questions are proposed to be limited to one per Councilmember and the suggested interview timeframe is 40 minutes which is an increase from the current 30 minutes. The proposed process addresses the order of appearance, not allowing candidates in the Council Chambers until they are interviewed, two minute opening statement, formal and informal questions, two minute closing statement, and adjourning to executive session. Due to the late hour, Councilmember Buckshnis suggested the Council address the application tonight and continue discussing the other issues at future meetings. She asked what changes had been made to the application. Council President Fraley-Monillas advised volunteer experience, strengths and weaknesses, and greatest challenge were added. Councilmember Mesaros suggested changing the title to reflect Position 2. Council President Fraley- Monillas suggested eliminating the position number from the application. Councilmember Bloom relayed her understanding that whoever was appointed to Position 2 would run for office in the fall to retain their position. Councilmember Peterson agreed. Council President Fraley- Monillas suggested adding that information at the top of the application. Councilmember Buckshnis suggested the Council also discuss live streaming of the interviews at a future meeting. COUNCILMEMBER PETSO MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO ACCEPT THE APPLICATION WITH THE CHANGES DISCUSSED AND SCHEDULE THE REMAINDER OF THE DISCUSSION FOR A WORK SESSION. Councilmember Johnson asked when applications were due. Mr. Taraday advised it is up to Council to make that decision. Councilmember Peterson suggested making the changes to the application, make the application available Monday, January 12, and require applications be submitted by Monday, February 2 which would provide three weeks to apply. The deadline for submitting the application is provided on the last page of the application. Packet Page 193 of 312 Edmonds City Council Approved Minutes January 6, 2015 Page 19 COUNCILMEMBER PETSO MOVED, SECONDED BY COUNCILMEMBER PETERSON, TO EXTEND FOR 15 MINUTES. MOTION CARRIED UNANIMOUSLY. Student Rep Eslami commented when filling out college applications, the question was often asked why this college. He suggested adding a question to the application about why the person wanted to serve. President Fraley-Monillas suggested amending Question 6 to read, “Why do you wish to serve and what do you believe to be the greatest challenge for our council?” Councilmember Johnson pointed out a typo in Question 5, yours should be your. MOTION CARRIED UNANIMOUSLY. 18A. SELECTION OF COUNCIL PRESIDENT PRO TEM FOR 2015 (Continued) Councilmember Petso asked if the meeting could be continued to a date certain, January 13, and therefore comply with the requirement that the Council President Pro Tem be elected at the first meeting. City Attorney Jeff Taraday responded that is an interesting idea but raises questions regarding the Open Public Meeting Act Special Meeting notice and seems a little contrived. Councilmember Petso agreed it was contrived but thought the Council had the ability to continue a meeting to a date certain. Mr. Taraday answered the Council can certainly continue hearings but he was not certain how Roberts Rules of Order addressed continuing a meeting. If this matter is not decided tonight, whether the meeting is continued or adjourned, the Council has given itself an argument that they have technically complied with City code. Councilmember Petso relayed her preference to comply with the code. Councilmember Buckshnis asked whether the language was at the first meeting or could this agenda item be moved to another meeting and the current Council President Pro Tem remain until a new one is elected. Mr. Taraday relayed the language in the code states, “at the same time.” Whether a continued meeting would be at the same time was an interesting question. Nominee Votes Councilmember Ballot 14 Councilmember Johnson 3 Johnson, Buckshnis, Bloom Councilmember Mesaros 2 Peterson, Mesaros Councilmember Petso 1 Petso Abstain Fraley-Monillas Ballot 15 Councilmember Johnson 3 Johnson, Buckshnis, Bloom Councilmember Mesaros 2 Peterson, Mesaros Councilmember Petso 1 Petso Abstain Fraley-Monillas Councilmember Bloom reiterated her earlier statement that electing Councilmember Mesaros who only has ten months in office was a bad precedent to set and it was disrespectful to citizens. Councilmember Johnson has much more experience than Councilmember Mesaros. She still strongly supports Councilmember Petso and feels she is the best candidate for job but she strongly opposes appointing someone with so little experience and felt it was a disservice to the voters. She commented nothing prepares a person to be a Councilmember except being a Councilmember, not previous leadership, or any previous experience. A Councilmember is a political position and it is not comparable to anything Councilmember Mesaros had done in the past. She could not support someone who had so little experience. Packet Page 194 of 312 Edmonds City Council Approved Minutes January 6, 2015 Page 20 Nominee Votes Councilmember Ballot 16 Councilmember Johnson 3 Johnson, Buckshnis, Bloom Councilmember Mesaros 2 Peterson, Mesaros Councilmember Petso 1 Petso Abstain Fraley-Monillas Ballot 17 Councilmember Johnson 3 Johnson, Buckshnis, Bloom Councilmember Mesaros 2 Peterson, Mesaros Councilmember Petso 1 Petso Abstain Fraley-Monillas Ballot 18 Councilmember Johnson 3 Johnson, Buckshnis, Bloom Councilmember Mesaros 3 Peterson, Mesaros, Fraley-Monillas Councilmember Petso 1 Petso COUNCILMEMBER MESAROS MOVED, SECONDED BY COUNCILMEMBER PETERSON, TO EXTEND THE MEETING UNTIL 10:35 P.M. MOTION CARRIED UNANIMOUSLY. Nominee Votes Councilmember Ballot 19 Councilmember Johnson 3 Johnson, Buckshnis, Bloom Councilmember Mesaros 3 Peterson, Mesaros, Fraley-Monillas Councilmember Petso 1 Petso Ballot 20 Councilmember Johnson 3 Johnson, Buckshnis, Bloom Councilmember Mesaros 3 Peterson, Mesaros, Fraley-Monillas Councilmember Petso 1 Petso COUNCILMEMBER PETSO MOVED TO TAKE UP THE EXECUTIVE SESSION ITEM NOW AND RETURN TO THIS AFTERWARD. MOTION DIED FOR LACK OF A SECOND. Council President Fraley-Monillas asked whether Mr. Taraday had determined the Council needed to stay all night voting or could voting be continued at the next meeting. Mr. Taraday answered if each meeting is considered to be a session under Roberts Rules which Edmonds has historically done, each meeting has new agenda. That is the reason reconsideration is appropriate at the same meeting. If the goal is to be as technically correct and compliant with the code as possible, it would not be proper to add to this to the agenda of the next meeting along with other new items that were not on this agenda. To be technically correct, this meeting/session would be continued to a separate meeting. There is a distinction under Roberts Rules of Order between one session and another. The continued part of this session could occur on January 13 at a certain time and the next session could be the regular January 13. The code does not talk about sessions or Roberts Rules; it states the first meeting of year and at the same time. If the Council wants to be true to the code, the decision should be made tonight. He clarified no one is going to sue the City if a decision is not made tonight; there is not a lot of legal risk associated with not making a decision tonight. COUNCIL PRESIDENT FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER PETSO, TO MOVE THIS TO 5:30 ON JANUARY 13. Councilmember Buckshnis asked if the intent was to have this meeting on January prior to the study session. Mr. Taraday said he would advise City Clerk Scott Passey to prepare a special meeting notice Packet Page 195 of 312 Edmonds City Council Approved Minutes January 6, 2015 Page 21 that states continuation of agenda item 7 from January 6. The regular January 13 meeting would have its own agenda, notice, etc. Council President Fraley-Monillas explained she made this motion because the Council was on ballot 21 and it is 10:30 p.m. Now that the Council knows who is interested in the job, those Councilmember can think about whether they wanted the job of Council President Pro Tem, have discussions with coworkers, etc. and possibly a quicker resolution may be reached on January 13. Councilmember Petso said to the best of her knowledge she is at present the swing vote and she assured this is more likely to be resolved on January 13 than tonight. Councilmember Mesaros pointed out there will be one less Councilmember on January 13. Councilmember Buckshnis asked how much work Mr. Taraday did with the Council Pro Tem last year when she was not around. Mr. Taraday answered he was not sure if the work he did with Councilmember Johnson in her capacity as Council President Pro Tem was materially different than any other Councilmember; it did not seem she asked anything more of him than any other Councilmember asked of him. Councilmember Buckshnis said she did not mean to marginalize the Pro Tem position, but clarified the Pro Tem fills in when the Council President is not available. Councilmember Petso clarified if was up to her to choose one of the other candidates, based on the information she has at this time, she was not able to do so. It was not specifically related to the duties of the office or the individual seeking to serve; in at least one instance, other issues were impacted by the choice and she was not able to change her vote tonight. Councilmember Johnson asked if tonight was Councilmember Peterson’s last meeting. Councilmember Peterson said tonight was his last meeting. For that reason, Councilmember Johnson felt it was important to press on. Councilmember Petso suggested if there were only six Councilmembers, the candidate receiving three votes would be elected. Mr. Taraday clarified three is not a majority of six. Council President Fraley- Monillas clarified four votes would still be needed to make a selection even with six Councilmembers. Mr. Taraday said if there was a 3-3 tie with 6 Councilmembers, Mayor Earling could break the tie. UPON ROLL CALL, MOTION FAILED (3-4), COUNCIL PRESIDENT FRALEY-MONILLAS AND COUNCILMEMBER BLOOM AND COUNCILMEMBER PETSO VOTING YES; AND COUNCILMEMBER BUCKSHNIS, JOHNSON, MESAROS AND PETERSON VOTING NO. Councilmember Petso requested a two minute break to confirm her information. Mayor Earling declared a brief recess. COUNCILMEMBER MESAROS MOVED, SECONDED BY COUNCILMEMBER PETSO, TO EXTEND THE MEETING TO 10:50 P.M. MOTION CARRIED UNANIMOUSLY. Nominee Votes Councilmember Ballot 21 Councilmember Johnson 2 Johnson, Buckshnis Councilmember Mesaros 2 Peterson, Mesaros Councilmember Petso 3 Petso, Bloom, Fraley-Monillas Ballot 22 Councilmember Johnson 2 Buckshnis, Johnson Councilmember Mesaros 3 Peterson, Mesaros, Fraley-Monillas Packet Page 196 of 312 Edmonds City Council Approved Minutes January 6, 2015 Page 22 Councilmember Petso 2 Petso, Bloom Ballot 23 Councilmember Johnson 3 Johnson, Buckshnis, Bloom Councilmember Mesaros 2 Mesaros, Peterson Councilmember Petso 2 Petso, Fraley-Monillas Ballot 24 Councilmember Johnson 2 Johnson, Buckshnis Councilmember Mesaros 3 Peterson, Mesaros, Fraley-Monillas Councilmember Petso 2 Petso, Bloom Ballot 25 Councilmember Johnson 2 Johnson, Buckshnis Councilmember Mesaros 2 Peterson, Mesaros Councilmember Petso 3 Petso, Bloom, Fraley-Monillas Ballot 26 Councilmember Johnson 4 Johnson, Buckshnis, Mesaros, Peterson Councilmember Mesaros 1 Fraley-Monillas Councilmember Petso 2 Petso, Bloom Mayor Earling announced Councilmember Johnson was elected Council President Pro Tem. 19. MAYOR'S COMMENTS Due to the late hour, this item was omitted. 20. COUNCIL COMMENTS Due to the late hour, this item was omitted. 21. CONVENE IN EXECUTIVE SESSION REGARDING PENDING OR POTENTIAL LITIGATION PER RCW 42.30.110(1)(i) At 10:47 p.m., Mayor Earling announced that the City Council would meet in executive session regarding pending or potential litigation per RCW 42.30.110(1)(i). He stated that the executive session was scheduled to last approximately five minutes and would be held in the Jury Meeting Room, located in the Public Safety Complex. No action was anticipated to occur as a result of meeting in executive session. Elected officials present at the executive session were: Mayor Earling, and Councilmembers Johnson, Fraley-Monillas, Buckshnis, Peterson, Petso, Bloom and Mesaros. Others present were City Attorney Jeff Taraday, Finance Director Scott James, and City Clerk Scott Passey. The executive session concluded at 10:55 p.m. 22. RECONVENE IN OPEN SESSION Mayor Earling reconvened the regular City Council meeting at 10:55 p.m. 23. ADJOURN With no further business, the Council meeting was adjourned at 10:55 p.m. Packet Page 197 of 312    AM-7469     7.              City Council Meeting Meeting Date:02/10/2015 Time:15 Minutes   Submitted By:Renee McRae Department:Parks and Recreation Type: Information  Information Subject Title Discussion of 2015 Yost Pool Operations Recommendation Staff recommends that we enter into an agreement with the YMCA for the operations of Yost Pool for the 2015 season.    If Council is amenable to partnering with the YMCA to operate Yost Pool for the 2015 season, forward the attached agreement to the February 17 Council Consent agenda for approval. Previous Council Action As part of the Strategic Plan, Council adopted Action 3a.6 to create and implement a long term financial and operational strategy for the updating/upgrading, refurbishment and retrofitting of the current Yost Pool facility. As part of the 2014 PROS plan, Council adopted strategies for the Parks Department to create and enter into partnerships in order to provide cost effective operations. In 2014, Council approved a pilot program with the YMCA for the daily operations of Yost Pool, excluding the office staff, cash handling, programming, and pool maintenance. Narrative In 2014, the City partnered with the YMCA to manage the day-to-day operations of Yost Pool, excluding the office staff, cash handling, programming, and pool maintenance.  The YMCA managed the operations safely and efficiently in this pilot year, and the partnership was beneficial to both parties, as well as the Edmonds' residents.   The YMCA would like continue its partnership with the City of Edmonds for operating Yost Pool for the 2015 season.  They will continue to:  Hire, train, and supervise all lifeguards, swim instructors and swim team coaches. Maintain responsibility for paying for all program supplies, i.e. swim lesson equipment that needs replacing. Packet Page 198 of 312 The Y is proposing these changes to the structure of the partnership for 2015: The Y would be responsible for all cash handling, registration and revenue collection for all programming. The Y will hire, train, and supervise the office staff. The Y will handle the day-to-day maintenance of the pool and pool chemicals, including testing daily chemistry and adding chlorine and other chemicals as needed to maintain a safe swimming environment.  The Y Facilities Director will be responsible for this daily operation. The Y will use a janitorial service to clean the locker rooms and office. The Y will pay the City of Edmonds $40,000 for use of the pool space. The City will continue to manage and collect the revenue from the banner program, supply chemicals and pay utilities. Attachments Spreadsheet rev exp 2015 projections Draft agreement with YMCA Form Review Inbox Reviewed By Date City Clerk Scott Passey 02/05/2015 09:06 AM Mayor Dave Earling 02/05/2015 11:28 AM Finalize for Agenda Scott Passey 02/05/2015 11:36 AM Form Started By: Renee McRae Started On: 02/04/2015 01:06 PM Final Approval Date: 02/05/2015  Packet Page 199 of 312 2010 2011 2012 2013 2014 2015 projected 2015 Y proposal Pilot year w Y City operating No city staff Revenue 141,425 113,461 124,274 133,602 133,239 134,250 40,000 Banner sales included in above included in above included in above included in above included in above included in above 3,600 Expenditures Aquatics cost center 129,558 114,546 107,577 98,367 85,249 124,100 0 Utilities*21,974 26,414 22,492 19,610 17,791 17,791 17,791 Chemicals/supplies 10,291 13,878 17,469 14,072 17,938 14,000 14,000 -20,398 -41,377 -23,264 1,553 12,261 -21,641 11,809 Lynnwood's new pool under construction. Manager left half way through season. Backfilled with full-time staff. 2014: YMCA agreement was for $82,000; only $69,592 expended. Revenue projected in 2015 budget. Projected utilities using 2014 actuals. *Utilities are May-September Packet Page 200 of 312 AGREEMENT FOR RECREATION USER CONCESSION AT YOST PARK THIS AGREEMENT (“Agreement”) is made and entered into by and between the CITY OF EDMONDS, a municipal corporation (hereinafter referred to as “City”) and the YMCA of Greater Seattle (hereinafter referred to as “Concessionaire”). WITNESSETH: City hereby grants to Concessionaire the right, license, and privilege to operate a recreation user concession at Yost Park in the manner and for the purposes hereinafter specified. The following terms, conditions, and covenants shall govern this Agreement: A. GRANT OF CONCESSION Concessionaire is granted the right to manage the 2015 operations of Yost Pool. B. TERM OF AGREEMENT The term of this Agreement shall be for the 2015 Yost Pool season. Yost Pool will open June 1, 2015 and operate through September 7, 2015. Preparations for opening will be done prior to June 1. All clean up following the closing will be done no later than September 11, 2015. C. PAYMENTS Concessionaire shall pay City $40,000 (Forty Thousand Dollars) under this Agreement. Concessionaire shall pay City four monthly payments of $10,000 on or before the 10th day of June, July, August and September during the term of this Agreement. D. CITY RESPONSIBILITIES: The City shall: 1. Maintain responsibility for paying all utility fees and chemical supplies. 2. Maintain responsibility for paying all capital expenses, such as, for example, the replacement of pool boilers and other similar equipment, as needed. 3. Maintain responsibility for selling pool advertising banner space and supervising the advertising banner program. All revenue received from the advertising banner program will go to the City. E. CONCESSIONAIRE RESPONSIBILITIES. The Concessionaire shall: 1. Safely operate Yost Pool for the 2015 season pursuant to the YMCA of Greater Seattle Aquatic Standards, as set forth in Attachment A, attached hereto and incorporated herein by this reference. This includes coverage for open swims, swim Packet Page 201 of 312 lessons, rentals, swim team, swim meets, and all scheduled pool activities, and otherwise maintaining responsibility for all pool/site management. 2. Hire, train, supervise, schedule, and process payroll for all pool staff, including office staff, lifeguards, swim instructors and swim team coaches. Provide uniforms for all staff members. 3. Undertake all cash handling and cash receipting at Yost Pool, including registration and revenue collection for all programming of the Yost Pool for the 2015 season. This includes swim lessons, swim team, daily fees and rentals. 4. Staff lifeguards at a ratio consistent with established aquatics standards and/or best practices. 5. Undertake the day-to-day maintenance of the pool and pool chemicals, including testing daily chemistry and adding chlorine and/or other chemicals as needed to maintain a safe swimming environment. The YMCA Facilities Director shall take responsibility for this daily operation. 6. Hire and supervise a janitorial service for the daily cleaning of the pool and pool site, including but not limited to restrooms (including toilets and urinals), entrance, locker rooms, office, pool deck, upper deck, party rooms, trash, and other related areas. 7. Pay for all program supplies, including but not limited to the provision and replacement of swim lesson equipment, cleaning and toiletry supplies not provided by the janitorial service, and first aid supplies and equipment. 8. Use its best efforts to provide excellent customer service, respond to complaints in a timely manner and notify the City of all complaints in a timely manner. F. INDEPENDENT CONTRACTOR The parties intend that an independent contractor relationship will be created by this Agreement; that this is not a contract of employment; and that Concessionaire is an independent entity with respect to the business hereunder. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. No agent, employee or representative of Concessionaire shall be deemed to be an agent, employee or representative of City for any purpose. Concessionaire shall be solely responsible for all acts of its agents, employees, representatives, volunteers and subcontractors during the operation of the recreation concession covered by this Agreement. Concessionaire shall also be solely responsible for any payment due to its agents, employees, representatives or subcontractors, including workers compensation and related costs. Concessionaire warrants that it has conducted a criminal background check for any agent, employee, representative or other person performing services on its behalf. Concessionaire warrants that it has conducted a criminal history background check pursuant to the Child and Adult Abuse Information Act as authorized by RCW 43.43.830-845, for any prospective employee who will or may have unsupervised access to children under Packet Page 202 of 312 sixteen years of age or developmentally disabled persons or vulnerable adults during the course of his or her employment or involvement with the business or organization, or any prospective volunteer who will have regularly scheduled unsupervised access to children under sixteen years of age, developmentally disabled persons, or vulnerable adults during the course of his or her employment or involvement with the business or organization under circumstances where such access will or may involve groups of five or fewer children under twelve years of age, three or fewer children between twelve and sixteen years of age, developmentally disabled persons, or vulnerable adults. G. INSURANCE Concessionaire will, at Concessionaire’s sole expense, provide a Certificate of Insurance evidencing commercial general liability insurance coverage during the term of this Agreement, written on an occurrence basis, with limits no less than $5,000,000 each occurrence and $10,000,000 general aggregate for personal injury, bodily injury and property damage. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products- completed operations, stop gap liability, personal injury and advertising injury, and liability assumed under an insured contract. In addition, the Concessionaire will obtain and maintain Sexual Abuse/Molestation Insurance with limits no less than $1,000,000 each occurrence and $2,000,000 general aggregate. The City shall be named as an insured under the Commercial General Liability and Sexual Abuse/Molestation insurance policies with respect to the operations performed using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured- Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage. The Concessionaire’s Commercial General Liability insurance policies shall be endorsed to be primary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be in excess of the Concessionaire’s insurance and shall not contribute with it. Failure on the part of the Concessionaire to maintain the insurance as required shall constitute a material breach of this Agreement, upon which the City may, after giving five (5) business days’ notice to the Concessionaire to correct the breach, immediately terminate the Agreement or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Concessionaire from the City. A copy of the endorsements naming City as additional insured shall be attached to the Certificate of Insurance. The insurance policy shall contain a clause stating that coverage shall apply separately to each insured against whom a claim is made or suit is brought, except with respects to the limits of the insurer’s liability. H. HOLD HARMLESS/INDEMNIFICATION The Concessionaire shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. I. RULES GOVERNING CONCESSION OPERATION Packet Page 203 of 312 During all hours of operation, Concessionaire shall maintain on duty adequate personnel to comply with all terms and conditions of this Agreement. Concessionaire represents that Concessionaire and its agents, employees and representatives have the necessary knowledge, skill and experience to competently provide the recreation concession operation hereunder and will do so in a professional manner consistent with customary practices. J. TERMINATION OF AGREEMENT Each and every term and condition herein set forth and contained in this Agreement are expressly made terms, covenants, agreements and conditions, and a breach of any one of them by Concessionaire shall constitute a breach of this Agreement. In the event Concessionaire shall fail to comply with any of the terms, covenants, agreements or conditions of this Agreement, or in the event Concessionaire violates any local, City, County, State, or Federal law, in connection with the operation hereunder, upon giving the Concessionaire ten (10) days’ advance written notice, City may terminate this Agreement as provided herein. Provided, the Parks, Recreation & Cultural Services Director may order Concessionaire to cease operations hereunder immediately at any time should the Parks, Recreation & Cultural Services Director determine that the operation is detrimental to public safety, health, or welfare. In the event of termination of this Agreement, all the rights, licenses, and privileges herein contained shall be terminated, Concessionaire shall have no further rights hereunder, and it shall be lawful for City immediately thereafter to remove all property of Concessionaire from said premises. K. EXTENT OF AGREEMENT/AMENDMENT OR MODIFICATION This Agreement, together with any and all attachments and addenda, represents the entire and integrated Agreement between the parties hereto and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended, modified or added to only by written instrument properly signed by both parties hereto. L. NO DISCRIMINATION Concessionaire shall, in all hiring or employment made possible or resulting from this Agreement, take affirmative action to ensure that there shall be no unlawful discrimination against any employee or applicant for employment because of sex, race, age, color, religion, national origin, marital status, sexual orientation, veteran status, liability for service in the armed forces of the United States, disability, or the presence of any sensory, mental or physical handicap, or any other protected class status, unless based upon a bona fide occupational qualification. This requirement shall apply to, but not be limited to, the following: employment, advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. No person shall be denied, or subjected to discrimination in receipt of the benefit of any services or activities made possible by or resulting from this Agreement on the grounds of sex, race, age, color, religion national origin, marital status, sexual orientation, veteran status, liability for Packet Page 204 of 312 service in the armed forces of the United States, disability or the presence of any sensory, mental, or physical handicap, or any other protected class status. Concessionaire shall comply with RCW 4.24.660 (Zackery Lystedt Law) regarding youth sports concussion and head injuries. Concessionaire shall comply with the City’s Gender Equality Policy, pursuant to RCW 49.60.505. M. NO WAIVER Waiver by 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. N. NOT ASSIGNABLE The recreation concession services to be provided by Concessionaire shall not be assigned, transferred, subcontracted or otherwise disposed of without the express written consent of City. O. COMPLIANCE WITH LAWS Concessionaire in the performance of this Agreement shall comply with all applicable Federal, State, Public Health, and local laws and ordinances, including regulations for licensing, certification and operation of facilities, programs and accreditation, and licensing of individuals, and any other standards and criteria as described in the Agreement to assure quality of services. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the dates written below: CONCESSIONAIRE CITY OF EDMONDS Julie Brown David O. Earling, Mayor Senior Vice President/Chief Financial Officer YMCA of Greater Seattle Date: Date: ATTEST/AUTHENTICATED: _______________________ Scott Passey, City Clerk APPROVED AS TO FORM: _______________________ Office of the City Attorney Packet Page 205 of 312 1 YMCA of Greater Seattle Aquatic Standards ADMINISTRATION 1.An Aquatic Policy and Procedures Manual which includes both branch and association aquatic policies and procedures is availab le as reference for staff and volunteers. 2.The senior executive in branches and groups shall be versed on the Aquatic Standards of the Association. 3.Each Pool shall be managed by a qualified professional Aquatic Director 4.Each pool shall have a certified pool operator responsible for water quality, pool maintenance and mechanical support. 5.The branch is represented at 80% of the Association Aquatics Core Group meetings. CERTIFICATION REQUIREMENTS 1.CPR/AED, First Aid and Lifeguard response skills of all Lifeguard candidates shall be tested prior to hire 2.All required certifications and trainings are verified and photocopied prior to hire. These copies are available on the pool deck and a copy su bmitted with hiring paperwork to be entered into HRIS 3.All staff and volunteer positions have a written copy of performance expe ctations and a signed Lifeguard Standards agreement on file. These will also be used to evaluate performance. 4.All aquatic staff shall be trained in aquatic emergency safety procedures in addition to staff orientation prior to guarding or instructing. 5.Aquatic staff shall meet the following requirements and maintain the following certifications. Copies of required certificat ions shall be accessible to the lifeguard in charge or on-deck supervisor. These records must be accurately maintained in the HRIS data base. Aquatic Director: CPR for PR, First aid certification, Lifeguard certification, Swim Instructor certification and shall be at least 21 years of age. CPO, AFO or YMCA POOL strongly encouraged, as well as Lifeguard & Swim Instructor Trainer-level certification Aquatic Coordinator: ARC CPR/AED FPR, First Aid, Lifeguard Training, Swim Instructor Certification Aquatic Supervisor: ARC CPR/AED FPR, First Aid, Lifeguard Training, Swim Instructor Certification Swim Coach: ARC CPR/AED, First Aid, Safety Training for Swim Coaches Lifeguard I & II: American Red Cross (ARC) CPR/AED for PR; First Aid or YMCA lifeguard certification & O2 Administration, 18 years of age. Cert ification in Waterfront Lifeguarding is required for all staff guarding natural bodies of water. Certification in Administering Emergency Oxygen is required by staff a t facilities with EMS response of greater than ten minutes. Assistant Lifeguard: ARC CPR/AED for PR, First Aid, lifeguard certification, minimum of 16 years of age. A Lifeguard I or II must be on duty at all times. Swim Instructor I: CPR/AED for PR; First Aid, and a minimum of 25 hours of in-house training Swim Instructor II: CPR/AED for PR; First Aid, YMCA Instructor certification or ARC Water Safety Instructor. Attachment A Packet Page 206 of 312 Water Exercise Instructor: CPR for PR, First Aid and YMCA Water Fitness or AEA Water Fitness Instructor certification or equivalent. Specialty Instructors must possess formal certification in that specialty 6. Branch aquatic staff meetings are held quarterly. A record of the meeting including attendance and content shall be kept on file for three years. 7. Each branch will support the annual Aquatic Training and Certification plan. This will be measured by adherence to the certification policies above 8. A resource library shall be maintained and available to available to staff, which includes a min of YMCA Swim Instructor Manu als, a YMCA or ARC Lifeguard Manual and YMCA Water Fitness for Health MISSION & PROGRAM MANAGEMENT 1. Program philosophy follows a member-involvement model whereby participants are provided with opportunities to become involved as volunteers, donors and advocates. 1. A process is in place for review and planning that involves staff and volunteers in review of programs and services in consideration of changing community needs, demographics and other external trends and factors. 2. YMCA program foundations (values, inclusion, relationship building) are reflected in al l programs. 3. Programs are designed and promoted to attract and retain a group of people who reflect the demographics of the branch service area. An environment is created that welcomes and includes people of different ages, abilities, incomes, genders, races, backgrounds and beliefs. 4. National YMCA swimming lesson programs shall be offered following approved curriculum and standards. Exception to the standa rd must be Approved by the Core Group or designee 5. A balanced aquatic program shall be provided that responds to the needs of the membership and community 6. The following instructor to student ratios shall be maintained. Parent and Child 1:12 Preschool and Youth Beginner 1:6 Youth Intermediate & above 1:10 7. Accurate daily records of attendance and student progress shall be maintained throughout the sessions and regular progress re ports issued to students and parents. 8. Swim Team shall be organized as part of the YMCA with staff accountability to the YMCA. 9. Program Evaluations shall be provided to participants a minimum of twice per year . Improvement plans shall be implemented following each survey for any area not rated at 4.5 or higher Packet Page 207 of 312 3 FACILITY & EQUIPMENT 1. The Aquatic Director shall maintain a copy of the current Health Code for the local jurisdiction and is responsible for knowledge of the contents and guidelines. 2. Food or beverage shall not be permitted within six (6) feet of the pool water. 3. The following equipment shall be maintained at the swimming pool. a. Telephone/ communication device b. Designated area for first aid treatment and equipment. c. Standard 16 unit first aid kit. d. Minimum of two blankets. e. One backboard with straps and head restraints. f. One shepherd's crook pole or reaching pole. g. One rescue pole per 1500 sq. ft of surface. (Pole should be minimum of ½ the width of swim area up to 12 feet). h. One ring buoy, heaving jug or thrown rope. i. Rescue tube or buoy for each lifeguard on duty 4. An AED is clearly identified, easily accessible, and there is visual and documented verification of routine maintenance. 5. Emergency Oxygen shall be provided at facilities with EMS response that is greater than ten minutes. It is clearly identifie d, easily accessible and there is visual and documented verification of routine maintenance. 6. A summoning device (preferably a Safety Turtle) is clearly identified, easily accessible, and there is visual and documented verification of routine maintenance. SAFETY ASSURANCES 1. A currently certified Lifeguard, who is responsible for the safe operation of the pool/Waterfront, shall be on surveillance at all times the pool/Waterfront is in operation. 2. The swimming area shall be secured when no lifeguard is on duty. 3. A lifeline designating the deep-end is in place during open swims 4. The maximum number of bathers/swimmers at one time shall not exceed the following limits as defined by the King County Health Department. 5. The lifeguard to swimmer ratio shall not exceed the following: a.1- 20 Family & Rec Swims b.1-30 Structured programs 6. When large inflatable, slide or other large toy is in use, additional Lifeguards shall be on duty specifically dedicated to the feature. 7. Each lifeguard on duty shall wear a distinguishing uniform, swim suit, shorts and carry the following equipment at all times: whistle, rescue tube or buoy, rescue mask and gloves. Summoning device shall be available for immediate use. If worn, footwear must be non-slip and appropriate for the decking surface. It is recommended that guards practice running with footwear to assure rescue capability. Guards must be rescue ready. 8. When beginning a shift, the lifeguard shall walk around the swim area. Inspecting the entire bottom and evaluating the area prior to taking over responsibility for the swim area. If relieving another lifeguard, a brief interchange should take place between the two guards to discuss any special swimmers or conditions. Scanning must continue during this brief interchange Packet Page 208 of 312 9. Timed response drills and Zone Validation tests shall be conducted to determine guard stations/areas of responsibility and to demonstrate the 10 by 20 response. These tests shall be completed at least quarterly. Results shall be documented and submitted to the Association Director of Aquatics . Records shall also be kept on site. 10. Lifeguards shall be positioned so that they have full view of their area, both above and below the water surface and so they can recognize a swimmer in need of help within 10 seconds and reach them in 20 (includes activation of summoning device). Their view shall be no greater than 180 degrees and shall have no obstructions - no glare, obstacles, nor people passing between them and the water. 11. When more than one lifeguard is on duty, they shall be stationed in different positions for best coverage of the area, z ones/areas of responsibility shall be well defined and the guards shall rotate their viewing position at least every thirty minutes . 12. Lifeguards must actively scan their area of responsibility every ten seconds when on duty. If required to talk to patrons, guard must continue to scan their zone and give a brief answer. Long conversations are not permitted. No ancillary duties are allowed to detract from active scanning. 13. Lifeguards will maintain standing height eye level while guarding, whether from an elevated chair or at the waters’ edge. Lifeguards will maintain standing height eye level while guarding, either from an elevated guard chair or at the water’s edge. 14. The Lifeguard-in-charge or on-deck supervisor is responsible for knowing that the water quality meets health department standards. The lifeguard-in-charge or on-deck supervisor is responsible for knowing that water quality meets health department standards . 15. Lifeguards shall not be on surveillance duty for more than 2 continuous hours without a minimum of 10 minute break to be give n by a certified lifeguard. A lifeguard shall not be scheduled for more than two hours of continuous duty without a break, to be given by a certified lifeguard.f 16. Aquatic emergency procedures are posted in location(s) accessible and frequented by staff. Procedures shall provide for guard response time to a swimmer in distress that meets 10 by 20 rule. Aquatic Emergency pro cedures shall include instructions on use of the summoning device, procedures for calling 911 including the street address of the facility and the use of an AED. 17. Procedures shall be in place, which allow for a single lifeguard on duty to alert back-up staff and/or call 911 in the event of an aquatic emergency. Aquatic staff shall be trained as to these procedures as well as any second responders responsible for back up. This training will be provided by the Aquatic Director. 18. When there is swimming at a YMCA sponsored activity or event held other than at a YMCA pool, the responsible staff person sha ll assure that the Association Aquatic Standards are met. 19. When a director or management staff is not in the facility, there shall be a designated person in charge, who is able to assist a lifeguard in the case of an aquatic emergency. This person must be a minimum of 18 years old, have CPR/AED for the Professional Rescuer certification , be trained in aquatic emergency procedures and have a full understanding of his/her responsibility in responding to an aquatic emergency. These responders should attend in-service training to develop and maintain necessary skills and confidence. 20. Incident/Accident reports are filed in accordance with Association procedures. NOTE: Any death, injury or illness requiring admittance to a hospital emergency room shall be reported to Susan Strong, AO Risk Management and the local Health Department utilizing the provided form on the p-drive within 48 hours. 21. Swimming pool/area rules shall be posted in accordance with Health code 22. All children 13 years of age or younger are assessed utilizing the Association Swim Test and are visibly marked prior to ente ring the swim area Packet Page 209 of 312 5 23. In-service Sessions to practice emergency rescue skills and to assess staff knowledge and proficiency of emergency and safety procedures shall be conducted monthly. In-service is mandatory and a system of accountability is in place. Over a twelve-month period these sessions shall cover CPR/AED for PR, emergency response procedures, lifesaving rescue skills, spinal and non-spinal backboard skills, scanning and first aid. The Aquatic Director shall keep a record of these sessions on file for five years and send a copy of this record to the Association Director of Aquatics each month. 24. An internal auditing system is in place to develop lifeguard skills, knowledge and performance (i.e. shado w drops, manikin drops, red ball and cap drills) 25. Quarterly Peer Audits are conducted, documented and submitted to the branch Aquatic Director and Association Director of Aqua tics by due date. 26. 15 Aquatic Quick Checks are documented each week. These are then submitted to the Association Office each month. 27. 100% of aquatic staff have received Child Abuse Prevention Training 28. 100% of all staff have attended Lifeguard Scanning Training within 90 days of employment 29.Each Branch is represented by a team of Guards at annual LG competition POOL MAINTENANCE 1. Commercial grade (10ppm) chemical testing kits shall be used. Reagents shall be within expi ration date and shall be stored to avoid extreme changes in temperature and prolonged exposure to sunlight. 2. Pool chemistry levels and spa temperatures shall be maintained in compliance with the local guidelines and records will be retained for 5 years. 3.Detailed records/Log sheet reflecting water quality readings, issues & remedies, additions is maintained 4.Decks are sanitized a minimum of twice a week and is documented 5. Pool is vacuumed a minimum of every-other day and is documented. 6.Pump room/Chemical room locked 7.Chemicals properly stored 8.Pump room clear of clutter, clean and organized Packet Page 210 of 312    AM-7413     8.              City Council Meeting Meeting Date:02/10/2015 Time:10 Minutes   Submitted For:Phil Williams Submitted By:Jim Stevens Department:Public Works Committee: Type: Action Information Subject Title Naming of Fire Station #16. Recommendation Move the agenda item forward to the next Council meeting for public comment, consideration, and action as appropriate. Previous Council Action On June 17, 2014, Council approved the attached policy to guide decisions on naming City facilities. Narrative Staff received direction from Council members earlier this year to work with citizen input and City policy guidelines in order for the Council to consider the naming of Fire Station #16 in honor of Betty Mueller.  This has been proposed by citizens to recognize her considerable work behind the levy that provided funding for its construction.  The City policy on naming facilities is the first attachment to this agenda item.  The citizen input that staff received is contained in the second of the attachments for this agenda item. Last year staff did some preliminary investigative work on how memorial signage might work at this Fire Station.  In terms of the options explored, there are several choices that vary in cost and visibility to consider.  In general terms, they consist of reworking the existing monument signage on the street at a cost of approximately $1000, or reworking the existing bronze plaque or creating an entirely new one for essentially this same cost.  Two additional alternatives would consist of introducing new stainless steel lettering directly to the side of the building.  This could be done in 2” or 5” letters, depending on the location of the installation.  The costs would run between $1800 and $2750, based on the size chosen.  A photo of the existing monument signage on 196th St. is the third attachment.  The existing building bronze plaque is the fourth attachment, and a graphic representation showing how two lettering schemes might work (beneath the address numbers and beneath the station number) is the final attachment for this agenda item.  The current understanding is that any memorial signage authorized and chosen for this fire station would be funded through citizen contribution. Attachments Naming City Facilities Citizen Input on Naming Monument Sign Packet Page 211 of 312 Monument Sign Bronze Plaque Metal Letter Options Betty Mueller information Edmonds Enterprise article 1994 Form Review Inbox Reviewed By Date Public Works Phil Williams 01/22/2015 09:10 PM Parks and Recreation Linda Hynd 01/23/2015 08:57 AM City Clerk Linda Hynd 01/23/2015 08:58 AM Mayor Dave Earling 01/23/2015 09:01 AM Finalize for Agenda Linda Hynd 01/23/2015 09:12 AM Form Started By: Jim Stevens Started On: 01/13/2015 06:39 AM Final Approval Date: 01/23/2015  Packet Page 212 of 312 City of Edmonds City policy related to the naming of City buildings and physical resources shall be administered by the City Clerk's Office. The City will choose names for public buildings and property owned by the City of Edmonds based on the building or property’s relationship to any of the following criteria: A. Neighborhood, geographic or common usage identification. B. Building or property’s purpose. C. A natural or geological feature. D. A historical figure or place. E. An individual, living or deceased, who has made a significant land, building, or monetary contribution to the &ity for the building or property being named. F. An individual, living or deceased, who has contributed outstanding civic service to the city and, if deceased, has been so for a period of at least one year. 12.62.020 Naming of City-owned Public Buildings and Properties – Procedure. A. Whenever the City Council wishes to consider naming a City-owned building or property, the issue shall be referred to the City Council’s 3DUNV3ODQQLQJ 3XEOLF:RUNV&RPPLWWHH to establish thespecific process and to make a recommendation(s) to the full Council. B. Before taking action, the City Council shall provide an opportunity for public comment on the recommendation(s) from the 3DUNV3ODQQLQJ 3XEOLF:RUNV&RPPLWWHH. 12.62.030 Naming of Interior Features. The interior features or spaces of a City-owned building may be named separately from the main building subject to the criteria and procedures set forth in this Chapter. 12.62.040 Name Changes. A. Designation of a name shall not prohibit the renaming of the building or property at a future date, or the designation of a sunset for the name at the time of approval. B. Name changes shall be subject to the criteria and procedures set forth in this Chapter. Packet Page 213 of 312 There is a movement to name Fire Station 16 after one of Edmonds's pioneer woman, Betty Mueller. I want you to know a little about Betty so you can be proud to have her name on your building. Betty is the number one person most responsible for your station and the entire city hall complex to have been built. Betty was also the one who got the fire foundation organized and off the ground. Betty and I were on Mayor Laura Hall's think tank in 1994 when Betty announced that the city buildings were old, dilapidated and out of code. She said the firehouse was so dangerous and cramped that getting down the pole during a fire call was more hazardous than going to the fire. It was cold in the winter and hot in the summer. 1994 was the first big El Nino with temps over 100 degrees upstairs where the firefighters tried to sleep. Betty proposed to the city council that we float a bond issue for the 10 million estimated costs. It was voted down 5 to 2. The prevailing attitude was that a bond issue would never pass. That's when Betty went to work. With the help of the community services director, Betty organized tours of the out of code buildings. She showed people in groups what the problems were and what it would take to fix it. After meeting with the council in May of 1994, they again showed reluctance. Undeterred Betty called Connie Chung of Channel 5 News and had a televised news conference in my office building at Edmonds Realty. That did it. We had to raise the $17,000 to put it on the ballot. Everybody chipped in. The firefighters collected money in boots and helped man phone banks to get the job done. In November of 1994 71% of the citizens voted yes. Up to then, that was the largest majority in history. Betty Mueller never minced words. She called a spade a spade regardless of what anyone else thought and some people got their feelings hurt. She was not invited to the groundbreaking nor was she invited to the ribbon cutting when it was finished. Let me tell you friends, she couldn't care less. She did what she did because it needed to be done. She started the fire foundation with another big supporter of firefighters, Mr. Chuck Cain. We should name one after him. In closing, Betty had a bulldog's strength in her convictions and she had moral fiber of steel. I have read about the greatness of Eleanor Packet Page 214 of 312 Roosevelt. She and Betty would have been great friends. Betty passed away recently, I think she was 93 or 94. She directed her family to keep it on the low down, private not public. Many of us didn't get a chance to say goodbye, I wish I could have because I loved her. Betty Mueller was one of a kind. The world could use more people like her. Betty Mueller was a great friend to firefighters. I hope you read this and wish you would have known her. Thank you for taking the time. If you all support the movement, please email Joan Bloom at Joan.bloom@edmondswa.gov. She is the chairperson for the Parks/Planning and Public Works. One email from the chief will suffice. David Page 1233 Olympic View Dr. Edmonds, WA 98020 Cell: 425-319-1234 Packet Page 215 of 312 Packet Page 216 of 312 Packet Page 217 of 312 Packet Page 218 of 312 Betty Mueller Before moving to Edmonds in 1949, Betty studied at Dance Masters of America to become a certified dance instructor. For many years she taught Dance classes for countless young girls and boys in Edmonds. Betty volunteered for many Edmonds related organizations including the 4th of July Parade and South Snohomish County Museum. During the early 1990s Betty found her true calling, as a community organizer. From this time period and well into her eighties, she made an immeasurable impact on this beautiful city on Puget Sound: Chairman of “Repeal of the EMS Transport Fee” initiative. Petition drive to ban casinos in Edmonds. Founder of Edmonds Police Foundation Founder of Edmonds Public Safety Foundation Founder ACE: Alliance of Citizens of Edmonds I believe that a fitting tribute to Betty Mueller’s tireless efforts to enhance the quality of life for the citizens of edmonds ,would be the naming of the 196th Street fire hall in her memory. Regards, Rich demeroutis Packet Page 219 of 312 P a c k e t P a g e 2 2 0 o f 3 1 2    AM-7468     9.              City Council Meeting Meeting Date:02/10/2015 Time:10 Minutes   Submitted For:Scott James Submitted By:Scott James Department:Finance Review Committee: Committee Action:  Type: Information  Information Subject Title Discussion of an ordinance amending the 2015 Budget for Carryforward items previously discussed and approved by Council during the 2014 Budget Year. Recommendation After tonight's Council discussion, place the item on the February 17th Consent Agenda. Previous Council Action None Narrative Staff prepared one decision package request to present Council for their review and discussion to carryforward an unexpended project budget that was previously approved by Council in 2014. Background: During the development and approval of the 2015 Budget, staff included estimated budget amounts for projects that were underway.  As the 2014 Budget Year came to a close, actual project expenditures were able to be determined.   Tonight's Budget Amendment proposal will roll the unexpended 2014 Project Budget into the 2015 Budget. Staff Presentation to Council: The Decision Package includes budgeted amounts that Council approved during the 2014 Budget Year.  Since the item was already discussed and approved by Council, staff will be prepared to answer questions regarding the Carryfoward Budget request.  Attachments 2014 Carryforward Budget Form Review Inbox Reviewed By Date Finance Scott James 02/05/2015 12:10 PM Packet Page 221 of 312 Finance Scott James 02/05/2015 12:10 PM City Clerk Scott Passey 02/05/2015 03:57 PM Mayor Dave Earling 02/05/2015 04:07 PM Finalize for Agenda Scott Passey 02/06/2015 08:03 AM Form Started By: Kody McConnell Started On: 02/04/2015 01:03 PM Final Approval Date: 02/06/2015  Packet Page 222 of 312 ORDINANCE NO. _______ AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING ORDINANCE NO. 3990 AS A RESULT OF UNANTICIPATED TRANSFERS AND EXPENDITURES OF VARIOUS FUNDS, 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 2015 Budget; and WHEREAS, the applications of funds have been identified; THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Section 1. of Ordinance No. 3990 adopting the final budget for the fiscal year 2015 is hereby amended to reflect the changes shown in Exhibits A, B, C, D, E, and F 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 Packet Page 223 of 312 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: BY ___ JEFF TARADAY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. Packet Page 224 of 312 SUMMARY OF ORDINANCE NO. __________ of the City of Edmonds, Washington On the ____ day of ___________, 2015, the City Council of the City of Edmonds, passed Ordinance No. _____________. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING ORDINANCE NO. 3990 AS A RESULT OF UNANTICIPATED TRANSFERS AND EXPENDITURES OF VARIOUS FUNDS, 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 ________________,2015. CITY CLERK, SCOTT PASSEY Packet Page 225 of 312 2015 2015 FUND FUND BEGINNING ENDING NO.DESCRIPTION FUND BALANCE REVENUE EXPENDITURES FUND BALANCE 001 GENERAL FUND 5,964,686 36,806,017 38,805,775 3,964,928 009 LEOFF-MEDICAL INS. RESERVE 518,557 276,200 361,825 432,932 011 RISK MANAGEMENT RESERVE FUND 724,375 1,180 - 725,555 012 CONTINGENCY RESERVE FUND 4,563,491 19,800 800,000 3,783,291 013 MULTIMODAL TRANSPORTATION FD.55,859 - - 55,859 014 HISTORIC PRESERVATION GIFT FUND 1,062 7,500 7,900 662 016 BUILDING MAINTENANCE 215,149 513,000 598,800 129,349 104 DRUG ENFORCEMENT FUND 42,632 43,000 76,033 9,599 111 STREET FUND 208,647 1,729,030 1,703,419 234,258 112 COMBINED STREET CONST/IMPROVE 305,230 8,026,935 8,146,704 185,461 117 MUNICIPAL ARTS ACQUIS. FUND 408,637 78,859 134,275 353,221 118 MEMORIAL STREET TREE 17,764 61 - 17,825 120 HOTEL/MOTEL TAX REVENUE FUND 112,841 67,675 70,000 110,516 121 EMPLOYEE PARKING PERMIT FUND 55,412 20,564 26,871 49,105 122 YOUTH SCHOLARSHIP FUND 12,938 1,240 3,000 11,178 123 TOURISM PROMOTIONAL FUND/ARTS 75,297 22,900 21,500 76,697 125 PARK ACQ/IMPROVEMENT 1,989,184 904,000 2,485,000 408,184 126 SPECIAL CAPITAL FUND 689,893 902,000 683,400 908,493 127 GIFTS CATALOG FUND 248,128 46,478 43,795 250,811 129 SPECIAL PROJECTS FUND 15,922 - - 15,922 130 CEMETERY MAINTENANCE/IMPROV 90,325 164,500 171,784 83,041 132 PARKS CONSTRUCTION 1,065,746 5,498,765 6,001,243 563,268 136 PARKS TRUST FUND 150,868 533 - 151,401 137 CEMETERY MAINTENANCE TRUST FD 848,760 11,970 - 860,730 138 SISTER CITY COMMISSION 3,190 10,212 10,400 3,002 139 TRANSPORTATION BENEFIT DISTRICT - 650,000 650,000 - 211 LID FUND CONTROL 5,967 22,600 28,567 - 213 LID GUARANTY FUND 76,581 28,627 - 105,208 231 2012 LTGO DEBT SERVICE FUND - 667,693 667,693 - 232 2014 DEBT SERVICE FUND - 925,310 925,310 - 421 WATER 5,693,945 7,581,442 10,354,300 2,921,087 422 STORM 4,736,346 3,774,407 6,969,141 1,541,612 423 SEWER / TREATMENT PLANT 9,585,482 9,833,310 15,071,010 4,347,782 424 BOND RESERVE FUND 843,959 844,416 845,416 842,959 511 EQUIPMENT RENTAL FUND 5,520,333 1,502,567 1,667,801 5,355,099 617 FIREMEN'S PENSION FUND 179,364 65,350 77,629 167,085 Totals 45,026,570 81,048,141 97,408,591 28,666,120 Packet Page 226 of 312 ORD. NO. ORD. NO. ORD. NO.2015 FUND FUND 3985 3990 Amended NO.DESCRIPTION 12/26/2014 Feb-15 Feb-15 Budget 001 General Fund 36,806,017$ -$ -$ 36,806,017$ 009 Leoff-Medical Ins. Reserve 276,200 - - 276,200 011 Risk Management Reserve Fund 1,180 - - 1,180 012 Contingency Reserve Fund 19,800 - - 19,800 014 Historic Preservation Gift Fund 7,500 - - 7,500 016 Building Maintenance 356,600 156,400 - 513,000 104 Drug Enforcement Fund 43,000 - - 43,000 111 Street Fund 1,729,030 - - 1,729,030 112 Combined Street Const/Improve 7,458,211 448,724 120,000 8,026,935 117 Municipal Arts Acquis. Fund 78,859 - - 78,859 118 Memorial Street Tree 61 - - 61 120 Hotel/Motel Tax Revenue Fund 67,675 - - 67,675 121 Employee Parking Permit Fund 20,564 - - 20,564 122 Youth Scholarship Fund 1,240 - - 1,240 123 Tourism Promotional Fund/Arts 22,900 - - 22,900 125 Park Acq/Improvement 904,000 - - 904,000 126 Special Capital Fund 902,000 - - 902,000 127 Gifts Catalog Fund 46,478 - - 46,478 130 Cemetery Maintenance/Improv 164,500 - - 164,500 132 Parks Construction 4,998,765 500,000 - 5,498,765 136 Parks Trust Fund 533 - - 533 137 Cemetery Maintenance Trust Fd 11,970 - - 11,970 138 Sister City Commission 10,212 - - 10,212 139 Transportation Benefit District 650,000 - - 650,000 211 Lid Fund Control 22,600 - - 22,600 213 Lid Guaranty Fund 28,627 - - 28,627 231 2012 LTGO Debt Service fund 667,693 - - 667,693 232 2014 Debt Service Fund 925,310 - - 925,310 421 Water 7,581,442 - - 7,581,442 422 Storm 3,681,407 93,000 - 3,774,407 423 Sewer / Treatment Plant 9,833,310 - - 9,833,310 424 Bond Reserve Fund 844,416 - - 844,416 511 Equipment Rental Fund 1,502,567 - - 1,502,567 617 Firemen'S Pension Fund 65,350 - - 65,350 Totals 79,730,017$ 1,198,124$ 120,000$ 81,048,141$ Packet Page 227 of 312 ORD. NO. ORD. NO. ORD. NO.2015 FUND FUND 3985 3990 0 Amended NO.DESCRIPTION 12/26/2014 Feb-15 Feb-15 Budget 001 General Fund 38,585,504$ 100,271$ 120,000$ 38,805,775$ 009 Leoff-Medical Ins. Reserve 361,825 - - 361,825 012 Contingency Reserve Fund 800,000 - - 800,000 014 Historic Preservation Gift Fund 7,900 - - 7,900 016 Building Maintenance 380,000 218,800 - 598,800 104 Drug Enforcement Fund 76,033 - - 76,033 111 Street Fund 1,703,419 - - 1,703,419 112 Combined Street Const/Improve 7,501,107 525,597 120,000 8,146,704 117 Municipal Arts Acquis. Fund 134,275 - - 134,275 120 Hotel/Motel Tax Revenue Fund 70,000 - - 70,000 121 Employee Parking Permit Fund 26,871 - - 26,871 122 Youth Scholarship Fund 3,000 - - 3,000 123 Tourism Promotional Fund/Arts 21,500 - - 21,500 125 Park Acq/Improvement 2,361,000 62,000 62,000 2,485,000 126 Special Capital Fund 471,400 200,000 12,000 683,400 127 Gifts Catalog Fund 43,795 - - 43,795 130 Cemetery Maintenance/Improv 171,784 - - 171,784 132 Parks Construction 5,362,900 638,343 - 6,001,243 138 Sister City Commission 10,400 - - 10,400 139 Transportation Benefit District 650,000 - - 650,000 211 Lid Fund Control 28,567 - - 28,567 231 2012LTGO Debt Service Fund 667,693 - - 667,693 232 2014 Debt Service Fund 925,310 - - 925,310 421 Water 9,738,039 616,261 - 10,354,300 422 Storm 6,607,641 361,500 - 6,969,141 423 Sewer / Treatment Plant 14,235,422 835,588 - 15,071,010 424 Bond Reserve Fund 845,416 - - 845,416 511 Equipment Rental Fund 1,667,801 - - 1,667,801 617 Firemen'S Pension Fund 77,629 - - 77,629 Totals 93,536,231$ 3,558,360$ 314,000$ 97,408,591$ Packet Page 228 of 312 Fund Number Change in Beginning Fund Balance Revenue Expense Change in Ending Fund Balance 001 120,000 - 120,000 - 112 - 120,000 120,000 - 125 62,000 - 62,000 - 126 12,000 - 12,000 - Total Change 194,000 120,000 314,000 - Packet Page 229 of 312 Fund BARS Category Debit Credit Page Description Carry Forwards from 2014 General Fund 001 000 39 597 42 55 12 Interfund Transfer 120,000 General Fund 001 000 308 00 000 00 Fund Balance 120,000 Street Construction 112 200 68 595 33 65 90 Interfund Services 15,000 Street Construction 112 200 68 595 33 41 00 Professional Services 15,000 Street Construction 112 200 68 595 33 65 00 Construction 164,000 Street Construction 112 200 68 595 33 65 91 Reimb from other fund 74,000 Street Construction 112 200 397 95 001 00 Interfund Transfer 120,000 REET 2 125 000 68 595 33 65 90 Reimb to other fund 62,000 REET 2 125 000 308 30 000 00 Fund Balance 62,000 REET 1 126 000 68 595 33 65 90 Reimb to other fund 12,000 REET 1 126 000 308 30 000 00 Fund Balance 12,000 Annual Street Preservation Program Packet Page 230 of 312 Budget Amendment for:Carryforward Item Description: Department: Division: Title: Preparer: Department Account Number: Strategic Plan Task Action Item: What is the nature of the expenditure?One-Time Is the Expenditure Operating or Capital?Capital Fill In Item Description[s] Baseline Budget 2015 2016 2017 2018 2019 30,000 15,000 0 0 0 0 170,000 15,000 0 0 0 0 840,000 164,000 0 0 0 0 (750,000) (74,000)0 0 0 0 0 62,000 0 0 0 0 0 12,000 0 0 0 0 Interfund Transfer 001.000.39.597.42.55.12 120,000 0 0 0 0 Sub-Total $290,000 $314,000 $0 $0 $0 $0 $604,000 $0 $0 $0 $0 Revenue and Ending Cash 2015 2016 2017 2018 2019 Ending Cash: Carryforward 120,000 0 0 0 0 Ending Cash: Carryforward 62,000 0 0 0 0 Ending Cash: Carryforward 12,000 0 0 0 0 General Fund Subsidy 120,000 0 0 0 0 New Revenue 0 0 0 0 Other 0 0 0 0 0 Total Revenue and Ending Cash $314,000 $0 $0 $0 $0 Construction 112.200.68.595.33.65.00 Carryforward Item If previously discussed, date(s) of discussion: Annual Street Preservation Program: The 2014 budget for pavement preservation was $1.2M. This amount was reduced to $940,000 after $260,000 was set aside for a local match to the federal grant secured for the 220th overlay project (to be built in 2015). The 2014 actual expenditures were approximately $746,000, leaving $194,000 to be carryforward into 2015. These funds will pay for curb ramp replacements on 100th St. where the recent pavement overlay was completed and additional preservation work. Public Works STREETEngineeringFund Name:Annual Street Preservation Program Bertrand Hauss E4CA/c438 4a.2 (53) Intefund Services 112.200.68.595.33.65.90 Professional Services 112.200.68.595.33.41.00 Const Proj from Funds 112.200.68.595.33.65.91 Const Proj to Funds125.000.68.595.33.65.90 Const Proj to Funds 126.000.68.595.33.65.90 Total Expenses Comments 001.000.308.00.000.00 125.000.308.30.000.00 126.000.308.30.000.00 112.220.397.95.001.00 Packet Page 231 of 312    AM-7462     10.              City Council Meeting Meeting Date:02/10/2015 Time:30 Minutes   Submitted For:Shane Hope Submitted By:Shane Hope Department:Development Services Type: Information  Information Subject Title Discussion on Draft Utilities Element for the 2015 Comprehensive Plan Update Recommendation Provide direction on whether to move forward with the previously presented Draft Utilities Element OR with the new Revised Draft Utilities Element.   [No final action is required at this time.] Previous Council Action City Council held a public hearing on Feb. 3, 2015. Narrative The Edmonds Comprehensive Plan contains a Utilities Element, which needs to be updated as part of the 2015 Comprehensive Plan update.  A draft Utilities Element was presented at the City Council's public hearing Feb. 3.  It was acknowledged at the hearing that the draft still needed some fine-tuning.  Attached are the original versions presented at the hearing, along with a Revised Draft version that responds to issues discussed at the hearing.  See attachments 2 and 3 for the original drafts (i.e., the "clean" version and the "tracked changes" version) and a new attachment 5, which is a revised Draft Utilities Element that reflects discussion from the February 3 City Council meeting. BACKGROUND The Comprehensive Plan Utilities Element addresses the City's water, sewer, stormwater, and solid waste utilities.  For the current update, the general idea has been to add a brief discussion for each utility type and to reference the more detailed adopted plan for each.   However, the Solid Waste section is somewhat more detailed than the sections for other utilities (water, sewer, and stormwater) because the City does not have its own separately adopted solid waste plan.  The Planning Board had initial discussion regarding the Utilities Element on December 10, 2014.  On January 14, the Planning Board discussed a draft Utilities Element, suggested changes, and recommended that the City Council review the draft element, as revised.  (See Attachment 3 for approved minutes and Attachment 4 for draft minutes.) At a February 3 public hearing, the City Council discussed the Draft Utilities Element and Council members pointed out several items that would benefit from refined language.  Staff has since prepared a Revised Draft Utilities Element to clarify these items.  (See Attachment 5, Revised Draft).   NEXT STEPS Packet Page 232 of 312 --Discussion of the Draft Utilities Element, with any direction by the City Council, at the Feb. 10 study session  --Further refining of the draft element after Feb. 10 --Feb. 25 public open house on this element and other parts of the Comp Plan --Continued work on drafting updates to the Comp Plan --Final public hearings in June on the full Comp Plan Update. Attachments Attachment 1: Utilities Element, clean version Attachment 2: Utilities Element, showing proposed edits Attachment 3: PB Minutes 12.10.14 Attachment 4: Draft PB Minutes 1.10.15 Attachment 5: Revised Draft Utilities Element Form Review Inbox Reviewed By Date City Clerk Scott Passey 02/05/2015 12:05 PM Mayor Dave Earling 02/05/2015 12:59 PM Finalize for Agenda Scott Passey 02/05/2015 01:02 PM Form Started By: Shane Hope Started On: 02/03/2015 11:10 AM Final Approval Date: 02/05/2015  Packet Page 233 of 312 Utilities Element Potable Water Comprehensive Plan Goals and Policies The City of Edmonds has for many years acquired all of its finished water under a long-term wholesale purchase agreement with the Alderwood Water and Wastewater District (AWWD). AWWD, in turn, purchases its water from the City of Everett’s regional water system. Everett’s water source is the upper Sultan River and the water from that basin is collected in Spada Lake, approximately 30 miles east of downtown Everett. It flows from there to Chaplain Reservoir where it is treated and placed into one of four large transmission main lines that move it westward to the urbanized areas of Snohomish County. The City of Edmonds distributes this water on a retail basis to our customers and bills them for this service. Edmonds provides for operation, maintenance, capital improvements, and replacement of the “end-user” system that provides storage to cover peak usage periods and that further provides required fire protection volumes, and maintains the required the minimum and maximum allowable pressures. Goals, policies, and design criteria for operating this system are developed as part of the City’s Comprehensive Water System Plan and assist the Utility in establishing priorities for both its operation and maintenance budgets as well as its six-year and 20-year Capital Improvement Plans. These goals, policies, and design criteria are found in Chapter 5, Policies and Design Criteria, in the 2010 Water System Plan under the following sections: water service, water supply, and facility policies and design criteria. The City’s financial policies are described in Chapter 10 of the Water System Plan and include a recommended utility rate structure and an asset management-based replacement program designed to provide adequate on-going revenues to fully fund operations, maintenance, debt service and the recommended Capital Improvement Plan (CIP). The Edmonds City Council made a decision after the approval of the 2010 Water System Plan to adopt a rate structure that has been designed to fund from current rate revenues a very long range program of replacing its aging network of water mains rather than using debt financing to fund that program. As a result rates have been adjusted in each of three recent years to get closer to that goal. The plan is to examine the utility’s financial capacity after the third year of this effort and make a decision whether or not to continue that rate adjustment for the remaining three years. Sanitary Sewer Comprehensive Plan Goals and Policies The City’s policy for sewer service recognizes its function is not to determine allowable land uses within its service area but to respond to the capacity and service levels needs necessary to support the land uses approved in the City’s land use planning processes. Development of the City’s Comprehensive sewer plan is currently guided by policies adopted by City Council and by the Comprehensive Plans from adjacent agencies. These plans provide guidance to the City for management and operation of its sewer system and set the timing for expansions and upgrades to sewer infrastructure over the next thirty years. The Plan serves as a guide for policy development and decision making for the City. It also provides other agencies and the public with information regarding the City’s plans for sewer system extensions within its service area. This approach allows the City to maintain its goal of providing high quality service to its customers while protecting Packet Page 234 of 312 environmental quality, primarily the water quality of both Puget Sound and the coastal streams located in Edmonds. The Plan evaluates existing and future capacity, material types of the various pieces of infrastructure, pipe inspection assessments of the sewer system, anticipated future wastewater flow rates, and the structural condition of the sewer collection system. Future wastewater flow rates are estimated from existing flow data using population growth projected within the sewer service area. This growth rate is expected to continue to be modest at an average of 0.5% per year. An implementation plan is provided as part of the Sanitary Sewer Comprehensive Plan, including an estimated timeline for constructing selected projects that are in need of maintenance or upsizing. The financial analysis includes asset management of the system along with a utility rate structure to support the policies and goals set forth in the adopted Sanitary Sewer Comprehensive Plan. Similar to the Water Utility, as noted above, the Sewer Utility has embarked on a program to convert from debt-financing pipe replacements to one where the program can be funded directly from rate revenues. Storm and Surface Water Management Goals and Policies The City owns and operates an extensive system of drainage pipes and ditches to convey stormwater runoff to streams, lakes, and Puget Sound that are designed to prevent and minimize damage to private property, streets, and other infrastructure. Due to extensive alteration of the natural landscape in most areas of the City from development, the amount of stormwater that runs off the land in larger storm events is substantial, and runoff in all storm events carries a variety of pollutants that wash off of their source areas into receiving waters. The City is faced with the challenge of conveying stormwater runoff safely and cost-effectively while preventing or minimizing adverse high flow impacts (erosion, flooding, and sediment deposition), water quality degradation in lakes and streams receiving runoff, and degradation of aquatic habitat caused by high flows and water quality degradation. The NPDES Phase II permit has and will continue to have a significant impact on the workload and operational budget of the both the Engineering Division and the Storm Crews within the Public Works Department. Approximately 2/3 or more of the total stormwater operational budget is spent on permit-related compliance programs Goal and policies have been developed to guide the Utility to tackle the issues at hand. These goals and polices, once approved by the City Council, will replace those in the listed in the “Water Resources and Drainage Management” land use element of the City’s current Comprehensive Plan (Edmonds 2009). These current goals and policies were first approved in 1985. Over the past 25 years, the practice of stormwater management has changed significantly. These new goals and policies reflect that change. Once this plan is approved by Council, it will be incorporated by reference in the Utility Element section of the City’s Comprehensive Plan. Four goals have been developed by the City for this plan. Storm and Surface Water Management Goal A. Manage the storm and surface water system by combining preservation of natural systems and engineered solutions to: • Provide for public safety; • Minimize property damage; Packet Page 235 of 312 • Preserve and enhance critical areas; • Promote sustainability; • Comply with applicable local, state, and Federal regulations. Storm and Surface Water Management Goal B. To preserve, protect, and (where feasible) restore surface water resources to provide beneficial uses to humans, fish, and wildlife. Storm and Surface Water Management Goal C. Use public education to increase understanding of sustainability and other environmental values to help protect surface water resources. Storm and Surface Water Management Goal D. Provide adequate funding through an equitable stormwater utility rate structure and outside funding sources to support necessary programs (including asset management-based replacement program) that meet goals A, B, and C. To accomplish these goals, the City developed guiding policies for the flood protection, water quality, aquatic habitat, and stormwater utility funding program areas. More detailed goals and polcies are in the current adopted version of the Storm and Suface Water Comprehensive Management Plan. Solid Waste Solid waste collection and disposal is a sophisticated system that continues to evolve in using the most efficient and economical methods. Waste prevention and recycling have risen to become an elemental part of solid waste management planning. Curbside recycling, along with yard and food waste collection service, has become the norm as everyday activities for most residences, businesses, and schools. Engagement in these beneficial behaviors conserves resources, reduces litter, saves energy and contributes to greenhouse gas reduction efforts. The City is a signatory on the Snohomish County Solid Waste Management Comprehensive Plan and an active participant on the County’s Solid Waste Advisory Committee. The County Plan provides a blueprint for which the City is able to provide education and outreach to all sectors in regards to proper disposal and recycling, and opportunities for collection and proper handling of several common unwanted materials. Solid Waste Goal A. The City of Edmonds shall continue to support and follow the directives outlined in the Snohomish County Solid Waste Management Comprehensive Plan, including: A.1 Work directly with County Solid Waste staff to implement recommendations that strengthen recycling, organics diversion, waste prevention, and product strewardship programs. A.2 Support the County’s initiatives to work with the certified solid waste haulers to harmonize services and communication formats, and to expand their educational efforts, especially classroom workshops and presentations in the schools. Solid Waste Goal B. The City of Edmonds should strengthen local controls over collection of solid waste in accordance to the following policies: B.1 Investigate the requirement for city-wide mandatory garbage collection, combined with recycling services. Packet Page 236 of 312 B.2 Update and revise the original Recycling Ordinance to reflect current and alternative collection methods and service scenarios. Solid Waste Goal C. The City of Edmonds shall continue to support and provide education and incentives for recycling and other waste diversion practices: C.1 Continue the Waste Prevention and Recycling Program which provides outreach and education to the community in all aspects of best solid waste management practices. C.2 Provide support for the establishment and expansion of public recycling opportunities, on an ongoing basis, and at all public events. C.3 Support programs that establish collection and recycling infrastructure for materials that are toxic, hazardous, hard-to-handle or under-recycled. C.4 Establish a policy that can assist in the reuse, recycling, and proper disposal of construction and demolition debris that is generated by development in the City. Solid Waste Goal D. Investigate policies and activities that will lead to development of a Zero Waste Strategy. D.1 Learn basic concepts as they apply to both waste management planning and materials management planning. D.2 Pursue waste prevention and reduction strategies. D.3 Establish a city-wide Buy Recycled policy. D.4 Eliminate or reduce use of hazardous materials in city operations. Other Utilities New utility systems and technologies are constantly developing or evolving. Rather than being reactive, the City should seek to plan for these new services as they develop. Other Utilities Goal A. Provide for public needs while protecting the character of the community and assuring consistency with other plan goals. A.1. New technologies should be planned and carefully researched prior to developing new regulations or reviewing siting proposals. Other Utilities Goal B. Public and private utility plans should be encouraged that identify long-range system needs and that are coordinated with the City’s comprehensive plan. B.1. All utility projects should be coordinated to provide opportunities for projects to address more than one system improvement or maintenance need. Packet Page 237 of 312 Other Utilities Goal C. Utility structures should be located whenever possible with similar types of structures to minimize impacts on surrounding neighborhoods. C.1. When such locations are not available, utility structures should be located or sited so that they are as unobtrusive as possible and are integrated with the design of their site and surrounding area. C.2. Free-standing structures should be discouraged when other siting opportunities are available. Packet Page 238 of 312 Utilities Element Potable Water Comprehensive Plan Goals and Policies The City of Edmonds has for many years acquired all of its finished water under a long-term wholesale purchase agreement with the Alderwood Water and Wastewater District (AWWD). AWWD, in turn, purchases its water from the City of Everett’s regional water system. Everett’s water source is the upper Sultan River and the water from that basin is collected in Spada Lake, approximately 30 miles east of downtown Everett. It flows from there to Chaplain Reservoir where it is treated and placed into one of four large transmission main lines that move it westward to the urbanized areas of Snohomish County. The City of Edmonds distributes this water on a retail basis to our customers and bills them for this service. Edmonds provides for operation, maintenance, capital improvements, and replacement of the “end-user” system that provides storage to cover peak usage periods and that further provides required fire protection volumes, and maintains the required the minimum and maximum allowable pressures. Goals, policies, and design criteria for operating this system are developed as part of the City’s Comprehensive Water System Plan and assist the Utility in establishing priorities for both its operation and maintenance budgets as well as its six-year and 20-year Capital Improvement Plans. These goals, policies, and design criteria are found in Chapter 5, Policies and Design Criteria, in the 2010 Water System Plan under the following sections: water service, water supply, and facility policies and design criteria. The City’s financial policies are described in Chapter 10 of the Water System Plan and include a recommended utility rate structure and an asset management-based replacement program designed to provide adequate on-going revenues to fully fund operations, maintenance, debt service and the recommended Capital Improvement Plan (CIP). [A2] The Edmonds City Council made a decision after the approval of the 2010 Water System Plan to adopt a rate structure that has been designed to fund from current rate revenues a very long range program of replacing its aging network of water mains rather than using debt financing to fund that program. As a result rates have been adjusted in each of three recent years to get closer to that goal. The plan is to examine the utility’s financial capacity after the third year of this effort and make a decision whether or not to continue that rate adjustment for the remaining three years. Sanitary Sewer Comprehensive Plan Goals and Policies The City’s policy for sewer service recognizes its function is not to determine allowable land uses within its service area but to respond to the capacity and service levels needs necessary to support the land uses approved in the City’s land use planning processes. Development of the City’s Comprehensive sewer plan is currently guided by policies adopted by City Council and by the Comprehensive Plans from adjacent agencies. These plans provide guidance to the City for management and operation of its sewer system and set the timing for expansions and upgrades to sewer infrastructure over the next thirty years. The Plan serves as a guide for policy development and decision making for the City. It also provides other agencies and the public with information regarding the City’s plans for sewer system extensions within its service area. This approach allows the City to maintain its goal of providing high quality service to its customers while protecting Packet Page 239 of 312 environmental quality, primarily the water quality of both Puget Sound and the coastal streams located in Edmonds. The Plan evaluates existing and future capacity, material types of the various pieces of infrastructure, pipe inspection assessments of the sewer system, anticipated future wastewater flow rates, and the structural condition of the sewer collection system. Future wastewater flow rates are estimated from existing flow data using population growth projected within the sewer service area. This growth rate is expected to continue to be modest at an average of 0.5% per year. An implementation plan is provided as part of the Sanitary Sewer Comprehensive Plan, including an estimated timeline for constructing selected projects that are in need of maintenance or upsizing. The financial analysis includes asset management of the system along with a utility rate structure to support the policies and goals set forth in the adopted Sanitary Sewer Comprehensive Plan. Similar to the Water Utility, as noted above, the Sewer Utility has embarked on a program to convert from debt-financing pipe replacements to one where the program can be funded directly from rate revenues. Storm and Surface Water Management Goals and Policies(updated 2010) The City owns and operates an extensive system of drainage pipes and ditches to convey stormwater runoff to streams, lakes, and Puget Sound that are designed to prevent and minimize damage to private property, streets, and other infrastructure. Due to extensive alteration of the natural landscape in most areas of the City from development, the amount of stormwater that runs off the land in larger storm events is substantial, and runoff in all storm events carries a variety of pollutants that wash off of their source areas into receiving waters. The City is faced with the challenge of conveying stormwater runoff safely and cost-effectively while preventing or minimizing adverse high flow impacts (erosion, flooding, and sediment deposition), water quality degradation in lakes and streams receiving runoff, and degradation of aquatic habitat caused by high flows and water quality degradation. The NPDES Phase II permit has and will continue to have a significant impact on the workload and operational budget of the both the Engineering Division and the Storm Crews within the Public Works Department. Approximately 2/3 or more of the total stormwater operational budget is spent on permit-related compliance programs Goal and policies have been developed to guide the Utility to tackle the issues at hand. These goals and polices, once approved by the City Council, will replace those in the listed in the “Water Resources and Drainage Management” land use element of the City’s current Comprehensive Plan (Edmonds 2009). These current goals and policies were first approved in 1985. Over the past 25 years, the practice of stormwater management has changed significantly. These new goals and policies reflect that change. Once this plan is approved by Council, it will be incorporated by reference in the Utility Element section of the City’s Comprehensive Plan. Four goals have been developed by the City for this plan. Storm and Surface Water Management Goal A. Manage the storm and surface water system by combining preservation of natural systems and engineered solutions to: • Provide for public safety; Packet Page 240 of 312 • Minimize property damage; • Preserve and enhance critical areas; • Promote sustainability; • Comply with applicable local, state, and Federal regulations. Storm and Surface Water Management Goal B. To preserve, protect, and (where feasible) restore surface water resources to provide beneficial uses to humans, fish, and wildlife. Storm and Surface Water Management Goal C. Use public education to increase understanding of sustainability and other environmental values to help protect surface water resources. Storm and Surface Water Management Goal D. Provide adequate funding through an equitable stormwater utility rate structure and outside funding sources to support necessary programs (including asset management-based replacement program) that meet goals A, B, and C. To accomplish these goals, the City developed guiding policies for the flood protection, water quality, aquatic habitat, and stormwater utility funding program areas. More detailed goals and polcies are in the current adopted version of the Storm and Suface Water Comprehensive Management Plan. Packet Page 241 of 312 A. Solid Waste Solid waste collection and disposal is a sophisticated system that continues to evolve in using the most efficient and economical methods. Waste prevention and recycling have risen to become an elemental part of solid waste management planning. Curbside recycling, along with yard and food waste collection service, has become the norm as everyday activities for most residences, businesses, and schools. Engagement in these beneficial behaviors conserves resources, reduces litter, saves energy and contributes to greenhouse gas reduction efforts. The City is a signatory on the Snohomish County Solid Waste Management Comprehensive Plan and an active participant on the County’s Solid Waste Advisory Committee. The County Plan provides a blueprint for which the City is able to provide education and outreach to all sectors in regards to proper disposal and recycling, and opportunities for collection and proper handling of several common unwanted materials. B. Solid waste disposal is becoming a major problem in urban areas. Landfill sites are filling and new environmentally acceptable ones will be hard to find. Landfills can only be considered as an interim measure. There is presently a technological explosion in solid waste management. Citizens are entitled to the most efficient and economical disposal methods. Citizens now recognize that our natural resources are limited and need to be reused. Recovery of resources and/or the production of energy from solid waste could help defray costs of solid waste collection. Backyard burning of garbage is a source of irritation to nearby residents and is a cause of air pollution. Littering is unsightly as well as unsanitary. The "throwaway" philosophy is a waste of natural resources and detracts from the natural beauty of our surroundings. Solid Waste Goal A. The City of Edmonds shall continue to support and follow the directives outlined in the Snohomish County Solid Waste Management Comprehensive Plan, including: A.1 Work directly with County Solid Waste staff to implement recommendations that strengthen recycling, organics diversion, waste prevention, and product strewardship programs. A.2 Support the County’s initiatives to work with the certified solid waste haulers to harmonize services and communication formats, and to expand their educational efforts, especially classroom workshops and presentations in the schools. Solid Waste Goal B. The City of Edmonds should strengthen local controls over collection of solid waste in accordance to the following policies: B.1 Investigate the requirement for city-wide mandatory garbage collection, combined with recycling services. Packet Page 242 of 312 B.2 Update and revise the original Recycling Ordinance to reflect current and alternative collection methods and service scenarios. Solid Waste Goal C. The City of Edmonds shall continue to support and provide education and incentives for recycling and other waste diversion practices: C.1 Continue the Waste Prevention and Recycling Program which provides outreach and education to the community in all aspects of best solid waste management practices. C.2 Provide support for the establishment and expansion of public recycling opportunities, on an ongoing basis, and at all public events. C.3 Support product stewardship initiatives programs that establish collection and recycling infrastructure for materials that are toxic, hazardous, hard-to-handle or under-recycled. C.4 Establish a policy that can assist in the reuse, recycling, and proper disposal of construction and demolition debris that is generated by development in the City. Solid Waste Goal D. Investigate policies and activities that will lead to development of a Zero Waste Strategy. D.1 Learn basic concepts as they apply to both waste management planning and materials management planning. D.2 Pursue waste prevention and reduction strategies. D.3 Establish a city-wide Buy Recycled policy. D.4 Eliminate or reduce use of hazardous materials in city operations. Other Utilities C. Goal. A regional solid waste management authority should be established to coordinate solid waste disposal in accordance with the following policies: Regional sanitary landfills should be used only as an interim measure. The ultimate regional disposal system should be a resource/energy recovery system. Edmonds should work with Snohomish County and King County to establish recycling facilities that would be economically feasible. D. Goal. The City of Edmonds should strengthen local controls over collection of solid waste in accordance with the following policies: D.1. Mandatory city-wide garbage collection should be required to minimize dumping and to eliminate backyard burning and resultant air pollution. Packet Page 243 of 312 D.2. Homeowners should be charged by the garbage can to encourage recycling and separation of wastes at home. Those who use fewer cans should pay less. D.3. Edmonds should conduct a city-wide educational campaign on solid waste telling citizens how they can minimize the problem. E. Goal. Edmonds should enforce litter control and encourage community litter pickups and prevention programs. F. Goal. Edmonds should encourage recycling to conserve natural resources and reduce energy consumption in accordance with the following policies: F.1. Continuous studies should be made of proposals for recycling solid waste. Edmonds should encourage the use of returnable bottles and cans and reusable shopping bags to save energy and resources. F.2. Edmonds should work toward the elimination of excess packaging. F.3. Markets for recycled materials are fluctuating and their stabilization should be encouraged. F.4. Individuals and/or industry should be encouraged to set up recycling centers in the community. F.5. Demonstration programs should be used to determine acceptable methods of home separation of wastes, collection and recycling. Other Utilities A. New utility systems and technologies are constantly developing or evolving. Rather than being reactive, the City should seek to plan for these new services as they develop. Other Utilities Goal A. The goal is to pProvide for public needs while protecting the character of the community and assuring consistency with other plan goals. A.1. A.1. New technologies should be planned and carefully researched prior to developing new regulations or reviewing siting proposals. The goal is to provide for public needs while protecting the character of the community and assuring consistency with other plan goals. Other Utilities Goal B. Public and private utility plans should be encouraged that identify long- range system needs and that are coordinated with the City’s comprehensive plan. A.2. B.1. All utility projects should be coordinated to provide opportunities for projects to address more than one system improvement or maintenance need. Other Utilities Goal C. Utility structures should be located whenever possible with similar types of structures to minimize impacts on surrounding neighborhoods. Packet Page 244 of 312 C.1. When such locations are not available, utility structures should be located or sited so that they are as unobtrusive as possible and are integrated with the design of their site and surrounding area. A.3. C.2. Free-standing structures should be discouraged when other siting opportunities are available. Packet Page 245 of 312 APPROVED Planning Board Minutes December 10, 2014 Page 6 Student Representative Zhao said he was excited to learn about the concept of the senior center being changed into more of a community center. He said he and his friends go to the beach a lot, and high school students also hang out near the senior center. It will be good to create more of a community space to serve all citizens of the City in this great location. INTRODUCTION OF UTILITIES ELEMENT AND RELATED ELEMENTS Mr. Chave referred the Board to the current Utilities and Capital Facilities Elements of the Comprehensive Plan (Attachment 1). He noted that the 1st Paragraph makes reference to other plans for the sewer, water and stormwater systems. He reported that, at this time, staff is working to extrapolate all of the goals and policies contained in these individual plans so they can be called out to the Utilities Element. While this will add a few more pages, it will be helpful and necessary information. Staff will also consider policies for other utilities that do not have specific plans in place, such as solid waste. He invited the Board Members to offer their comments and suggestions as staff moves forward with the draft update. Chair Cloutier asked if fiber optics would be addressed as a separate utility. Mr. Chave answered that he is not sure it would be a separate utility, but it should be mentioned in the plan. Chair Cloutier noted that it was recently discussed as being regulated as a utility at the Federal Communications Commission (FCC) level. Board Member Lovell asked if Goals B.1, B.2, B.3 and C.1 on Page 101 of Attachment 1 are current enough to represent what is actually happening. Mr. Chave reported that the Public Works Department has been invited to review the Utilities Element and provide feedback to make it more current. He agreed that some of the language is dated. He noted that solid waste and recycling in Edmonds is unique because the City relies solely on independent carriers. Many jurisdictions actually contract with carriers because they feel they get a better deal for their residents. Board Member Lovell asked if it would be appropriate to include an additional goal that encourages recycling and reuse of materials when demolition or redevelopment occurs. Mr. Chave agreed that would be an appropriate goal to include in the Solid Waste Section, and it could be implemented via the Development Code. Board Member Stewart suggested that the 1st Paragraph in Item A on Page 101 of Attachment 1 could be changed by replacing the word “efficient” with “sustainable.” Chair Cloutier noted that the Solid Waste Section also needs to address composting and salvaging materials during demolition. Mr. Chave said staff would like the Board to consider whether or not it would be appropriate to also include a policy related to underground utilities. Board Member Lovell suggested that the need for public restrooms and the senior center should be specifically referenced in Goal F on Page 106 of Attachment 1. Mr. Chave pointed out that Goal F refers to “essential public facilities,” which is a term of art in State Law and is not the same as “important public facilities. Essential Public Facilities include uses, such as prisons, that are difficult to site because the community by and large does not want them. The City must have a section in the Comprehensive Plan that talks about how to deal with these uses, and that is what this section attempts to do. It is not about important facilities such as restrooms, etc. NOMINATION/ELECTION OF 2015 BOARD POSITIONS BOARD MEMBER LOVELL NOMINATED BOARD MEMBER CLOUTIER TO SERVE AS CHAIR OF THE BOARD IN 2015. BOARD MEMBER NELSON SECONDED THE NOMINATION. BOARD MEMBER STEWART NOMINATED BOARD MEMBER TIBBOTT TO SERVE AS CHAIR OF THE BOARD IN 2015. BOARD MEMBER LOVELL SECONDED THE NOMINATION. AFTER A VOTE, THE BOARD ELECTED BOARD MEMBER TIBBOTT TO SERVE AS CHAIR OF THE BOARD IN 2015. BOARD MEMBER ROBLES NOMINATED BOARD MEMBER LOVELL TO SERVE AS VICE CHAIR OF THE BOARD IN 2015. BOARD MEMBER CLOUTIER SECONDED THE NOMINATION. ATTACHMENT 3 Packet Page 246 of 312 DRAFT Planning Board Minutes January 14, 2015 Page 10 The Parks Department’s interest would be developing the southern portion of Sunset Avenue so it is more inviting for people to sit and view the sound. She supports the bicycle/walkway trail. She said she leads the senior walking program, and every time they got to Sunset Avenue they ended up on a dirt path. By the end of the summer they were able to walk on cement on the view side. The project is controversial, and the intent is to gauge community feedback after the one-year trial period. Chair Tibbott asked if funding for the Sunset Avenue Walkway Project would come from the Parks or Public Works Budget. Ms. Hite said there are a number of funding options. However, parks funding and/or RCO grant funding would only be available if it is a dedicated trail with a division to a street. As currently configured, the walkway would not qualify. Board Member Robles asked if the City has a stake in the Meadowdale Playfield turf project. Ms. Hite answered affirmatively. She explained that the City of Lynnwood is taking a lead on the project, and they have applied for grant funding. In addition, $1 million from a recent school district bond is dedicated to the playfields. The City actually uses the playfields via a joint partnership with the school district and the City of Lynnwood. Lynnwood maintains the fields and the City of Edmonds helps pay for the maintenance. The City of Edmonds has set aside capital money to help with the turf project, and she anticipates that the fields will be replaced in 2016 or 2017. She noted that the City of Edmonds owns the Meadowdale Clubhouse and has plans to replace the play equipment this year. Board Member Robles asked if the City has plans to remodel the interior of the clubhouse, and Ms. Hite answered not at this time. Board Member Robles commented that it would great to have an entry into the county park from Edmonds. Board Member Stewart asked how much additional potable water would be required to operate the spray pad beyond what is used now. Ms. Hite said the proposed recirculating system would significantly reduce the amount of water needed to operate the facility. She noted that Edmonds would be the first spray pad in Snohomish County that uses a recirculating system rather than a direct-to-drain system. As proposed, the water would be chlorinated and recirculated to the site. Vice Chair Lovell suggested that educational signage be added near the spray pad to inform the public of the sustainable benefits of the proposed system. Ms. Hite concluded her presentation by noting that the Parks Department staff is an incredible team, and they have accomplished a lot over the past year. They are passionate about their work and committed to Edmonds. Chair Tibbott asked Ms. Hite to extend the Board’s appreciation to the Parks Department staff. He also suggested that the written report should be published on the Planning Board’s website. DISCUSSION/RECOMMENDATION FOR UTILITIES ELEMENT OF 2015 COMPREHENSIVE PLAN UPDATE Mr. Chave explained that the Utilities Element covers potable water, sanitary sewer, storm and surface water management and solid waste. The goals and policies outlined in the Storm and Surface Water Management Section came directly from the Storm and Surface Water Management Plan that was more recently updated, and there is a reference to the plan where more detailed information is available. However, because there are no itemized goals and policies in the Potable Water and Sanitary Sewer Plans, the language in the respective sections is more narrative to reflect the language in the plans. When the two plans are updated in the future, they will be reformatted to be consistent with the Storm and Surface Water Management Plan. The Solid Waste Section contains essentially new language that replaces the old, dated language. Board Member Stewart recalled discussions amongst the Mayor’s Climate Protection Committee regarding recent staff and City Council discussions about developing a zero waste policy. She asked if this policy has evolved to the point it can be presented and incorporated into the Utilities Element. She expressed her belief that more work is needed on the Solid Waste Section. Mr. Chave noted that the section has been substantially written by Steve Fisher from Public Works, and it represents his best shot at what he understands the current direction to be. However, he acknowledged that the document could change based on ongoing discussions with the City Council regarding future programs. Board Member Robles noted that the Solid Waste Section does not address items such as electronics, batteries, and light bulbs. While the law requires that these items be recycled at a specialized center, there is no incentive for people to do so and the items often wind up in the garbage. He acknowledged it is already difficult for utilities to receive two separate sets of garbage, and there may be resistance to accepting a third. However, he felt it is necessary. Packet Page 247 of 312 DRAFT Planning Board Minutes January 14, 2015 Page 11 Mr. Chave pointed out that Goal D on Page 99 of Attachment 1 actually addresses the concept of zero waste strategies. In addition, Goal C talks about toxic and other types of materials that are difficult to recycle. Board Member Nelson voiced support for Goal D, which calls for investigating policies and activities that will lead to development of a zero waste strategy. Vice Chair Lovell referenced Goal C.3 on Page 142 of Attachment 2 and suggested it be changed to read, “Support programs that establish collection and recycling infrastructure for materials that are toxic, hazardous, hard-to-handle or under- recycled.” Mr. Chave agreed to seek feedback from Mr. Fisher regarding this proposed change. He said he does not anticipate a problem with adding the word “hazardous,” and he would also ask what “product stewardship initiatives” is intended to include as opposed to “program.” Board Member Stewart said her understanding is that the storm and surface water goals and policies will be rehashed in some fashion, zeroing in on water resources and drainage management. She asked if this discussion would also include green infrastructure techniques such as permeable pavement, rain gardens, and evapo-transportation practices. Mr. Chave agreed to forward the Board Members a link to the Storm and Surface Water Management Plan, which is also available via the City’s website. He said his understanding from the stormwater engineer is that it includes extensive discussion about green infrastructure techniques. Chair Tibbott asked to what extent the Utilities Element would connect with the Shoreline Management Program (SMP). Mr. Chave answered that there is a connection in a very general sense because there are utility facilities located within the shoreline area. There are goals and policies in the SMP that talk about the utilities, particularly about stormwater and natural features, and there is a lot of discussion in the SMP and Critical Area Regulations about promoting and protecting natural drainage systems, etc. However, the emphasis between the two documents is different. Chair Tibbott said he understands the emphasis is different, but he would not want one to override or be incompatible with the goals of the other. Mr. Chave did not believe that would be the case. He encouraged the Board Members to review the Storm and Surface Water Management Plan and forward their questions to the Stormwater Engineer. Board Member Stewart announced that the group, Edmonds Woodway High School Students Saving Salmon, along with four partners (Sound Salmon Solutions, City of Edmonds, Earthcorp, and NOAA), have applied for a grant from the Fish and Wildlife Foundation to develop a water-quality testing program using students who are trained and supervised to do the monitoring. She expressed her belief that the program would support what needs to happen with regarding to monitoring water quality for humans and fish. At this time, they are looking to set up ten monitoring locations, and a walk will be scheduled to identify the good sites for water-quality testing. She invited Board Members to participate. REVIEW OF EXTENDED AGENDA It was discussed that the Economic Development Element of the Comprehensive Plan is scheduled for Board review on January 28th. Vice Chair Lovell reported on his attendance at the December 17th meeting of the Economic Development Commission, at which the discussion focused on a draft of their recommended goals and policies for inclusion in the Economic Development Element of the Comprehensive Plan. This input will be incorporated into the document that is presented to the Board for review on January 28th. He summarized that the Commission identified five major goals: healthy business community, land use policies to support economic development, diversifying the city’s economic make up, sustaining and attracting business and investment and expanding and enhancing the tourism sector of the City. He said he would attend the Commission’s January 21st meeting and provide additional feedback to the Board. Vice Chair Lovell said the Economic Development Commission also had a discussion about potential topics for more detailed study in 2015. The topics included: safety issues related to the railroad crossing, surveying current business/retail establishments, identifying areas where economic development can be promoted, engaging the Highway 99 businesses and working collaboratively with them, setting up a business-oriented website, analyzing and enhancing waterfront businesses, food trucks, creating a public gathering space, zoning changes to enhance economic development, Five Corners opportunities, boutique hotel in downtown, an EDC liaison program, items in the Strategic Action Plan and studying how to capture ferry traffic for greater tourism opportunity. He said he expects the Commission will narrow the list down in the next few months and establish subcommittees to study the issues further. PLANNING BOARD CHAIR COMMENTS Packet Page 248 of 312 Utilities Element Water The City of Edmonds has for many years acquired all of its potable water under a long-term wholesale purchase agreement with the Alderwood Water and Wastewater District. The District, in turn, purchases its water from the City of Everett’s regional water system. Everett’s water source is the upper Sultan River and the water from that basin is collected in Spada Lake, approximately 30 miles east of downtown Everett. It flows from there to Chaplain Reservoir where it is treated and placed into one of four large transmission main lines that move it westward to the urbanized areas of Snohomish County. The City of Edmonds distributes this water on a retail basis to local customers and bills them for this service. Edmonds provides for operation, maintenance, capital improvements, and replacement of the “end-user” system that provides storage to cover peak usage periods and that further provides required fire protection volumes, and maintains the required the minimum and maximum allowable pressures. Goals, policies, and design criteria for operating the water system are developed as part of the City’s Comprehensive Water System Plan (2010). The Water System Plan has detailed information that helps establish priorities for the utility’s operation and maintenance budgets as well as its six-year and 20-year Capital Improvement Plans. Edmonds’ current Utility system rate structure was designed to fund a long-range program of replacing the community’s aging network of water mains and sewer mains from current rate revenues rather than debt financing. The first three years of this program were approved by City Council on November 19th, 2013 with the first rate increase taking place on 1/1/2014, the second one on 1/1/2015 and the third annual adjustment is set for 1/1/2016. The financial results for this program will be reviewed during budget discussions in 2016 and a decision will be made regarding continuance of the program and the rate structure necessary to support it. Water System Goals and Policies Goals, policies, and design criteria for the City’s water utility are found in Chapter 5, Policies and Design Criteria, of the 2010 Water System Plan under the following sections: water service, water supply, and facility policies and design criteria. The City’s financial policies are described in Chapter 10 of the same Water System Plan and include a recommended utility rate structure and an asset management-based replacement program designed to provide adequate on-going revenues to fully fund operations, maintenance, debt service and the recommended Capital Improvement Plan (CIP). Sanitary Sewer The City provides sanitary sewer service to area customers. Its operations include a wastewater treatment plant. The system is described in the City’s Comprehensive Sanitary Sewer Plan of 2013. The Plan evaluates existing and future capacity, material types of the various pieces of infrastructure, pipe inspection assessments of the sewer system, anticipated future wastewater flow rates, and the structural condition of the sewer collection system. Future wastewater flow rates are estimated from Packet Page 249 of 312 existing flow data using population growth projected within the sewer service area. This growth rate is expected to continue to be modest at an average of 0.5% per year. An implementation plan is provided as part of the adopted Sanitary Sewer Comprehensive Plan. This includes an estimated timeline for constructing selected projects that are in need of maintenance or upsizing. The financial analysis includes asset management of the system along with a utility rate structure to support the policies and goals set forth in the Sanitary Sewer Comprehensive Plan. Similar to the Water Utility, the Sewer Utility includes a program to convert from debt-financing pipe replacements to one where the program can be funded directly from rate revenues. Sanitary Sewer System Goals and Policies The City’s policy for sewer service recognizes its function is not to determine allowable land uses within its service area but to respond to the capacity and service levels needs necessary to support the land uses approved in the City’s land use planning processes. Development of the City’s Comprehensive sewer plan has been guided by policies adopted by the City Council and coordinated with the sewer plans from adjacent agencies. The adopted Comprehensive Sanitary Sewer Plan provides guidance to the City for management and operation of its sewer system and sets the timing for expansions and upgrades to sewer infrastructure over the next twenty thirty years. The City’s adopted Plan serves as a guide for policy development and decision making for the City. It also provides other agencies and the public with information regarding the City’s plans for sewer system extensions within its service area. This approach allows the City to maintain its goal of providing high quality service to its customers while protecting environmental quality, primarily the water quality of both Puget Sound and the coastal streams located in Edmonds. Chapter 2.5 of the Comprehensive Sanitary Sewer Plan (2013) includes specific policies for managing the system. Storm and Surface Water Management The City owns and operates an extensive system of drainage pipes and ditches to convey stormwater runoff to streams, lakes, and Puget Sound in a manner designed to prevent and minimize damage to private property, streets, and other infrastructure. A more detailed description of this system is contained in the adopted Storm & Surface Water Management Comprehensive Plan (2010). Due to extensive alteration of the natural landscape in most areas of the City, the amount of stormwater that runs off the land in larger storm events is substantial, and runoff in all storm events carries a variety of pollutants that wash off of their source areas into receiving waters. The City is faced with the challenge of conveying stormwater runoff safely and cost-effectively while preventing or minimizing adverse high flow impacts (erosion, flooding, and sediment deposition), water quality degradation in lakes and streams receiving runoff, and degradation of aquatic habitat caused by high flows and water quality degradation. Local governments manage their stormwater under a National Pollutant Discharge Elimination System (NPDES)permit issued by the state Department of Ecology that stems from the Federal Clean Water Act. permit. For many cities in Western Washington, such as Edmonds, the required permit is Packet Page 250 of 312 Tthe NPDESWestern Washington Phase II Municipal Stormwater pPermit issued by the state Department of Ecology. This Permit “permits” the City to discharge its collected stormwater into streams, lakes, and Puget Sound if a series of programs and activities are implemented to help improve water quality. This permit requires a high degree of stormwater management in compliance with state and federal regulations. This Pemit has and will continue to have a significant impact on the workload and operational budget of the both the Engineering Division and the Storm Crews within the Public Works Department. Approximately 2/3 or more of the total stormwater operational budget is spent on permit-related compliance programs. Storm & Surface Water System Goals and Policies Goal and policies for the system are contained in the Storm & Surface Water Management Comprehensive Plan (2010). have been developed to guide the Utility to tackle the issues at hand. These goals and polices, once approved by the City Council, will replace those in the listed in the “Water Resources and Drainage Management” land use element of the City’s current Comprehensive Plan (Edmonds 2009). These current goals and policies were first approved in 1985. Over the past 25 years, the practice of stormwater management has changed significantly. These new goals and policies reflect that change. Once this plan is approved by Council, it will be incorporated by reference in the Utility Element section of the City’s Comprehensive Plan. The goals are summarized below. Storm and Surface Water Management Goal A. Manage the storm and surface water system by combining preservation of natural systems and engineered solutions to: • Provide for public safety; • Minimize property damage; • Preserve and enhance1 critical areas; • Promote sustainability; • Comply with applicable local, state, and Federal regulations. Storm and Surface Water Management Goal B. To preserve, protect, and (where feasible) restore surface water resources to provide beneficial uses to humans, fish, and wildlife. Storm and Surface Water Management Goal C. Use public education to increase understanding of sustainability and other environmental values to help protect surface water resources. Storm and Surface Water Management Goal D. Provide adequate funding through an equitable stormwater utility rate structure and outside funding sources to support necessary programs (including an asset management-based replacement program) that meet goals A, B, and C. To accomplish these goals, the City developed guiding policies for the flood protection, water quality, aquatic habitat, and stormwater utility funding program areas. More detailed language for goals and polciespolicies are in the current adopted version of the Storm and SufaceSurface Water Comprehensive Management Plan. 1 The enhancement of critical areas typically occurs through the planting of native vegetation, the daylighting of creeks, restoration of habitat, and/or other methods found to improve the critical area’s functions and values. Packet Page 251 of 312 Solid Waste Solid waste collection and disposal is a sophisticated system that continues to evolve in using the most efficient and economical methods. Waste prevention and recycling have risen to become an elemental part of solid waste management planning. Curbside recycling, along with yard and food waste collection service, has become the norm as everyday activities for most residences, businesses, and schools. Engagement in these beneficial behaviors conserves resources, reduces litter, saves energy and contributes to greenhouse gas reduction efforts. The City is a signatory on the Snohomish County Solid Waste Management Comprehensive Plan and an active participant on the County’s Solid Waste Advisory Committee. The County Plan provides a blueprint for which the City is able to provide education and outreach to all sectors in regards to proper disposal and recycling, and opportunities for collection and proper handling of several common unwanted materials. Solid waste disposal is becoming a major problem in urban areas. Landfill sites are filling and new environmentally acceptable ones will be hard to find. Landfills can only be considered as an interim measure. There is presently a technological explosion in solid waste management. Citizens are entitled to the most efficient and economical disposal methods. Citizens now recognize that our natural resources are limited and need to be reused. Recovery of resources and/or the production of energy from solid waste could help defray costs of solid waste collection. Backyard burning of garbage is a source of irritation to nearby residents and is a cause of air pollution. Littering is unsightly as well as unsanitary. The "throwaway" philosophy is a waste of natural resources and detracts from the natural beauty of our surroundings. Goals and Policies Solid Waste Goal A. Continue to support and follow the directives outlined in the Snohomish County Solid Waste Management Comprehensive Plan, including: A.1 Work directly with County Solid Waste staff to implement recommendations that strengthen recycling, organics diversion, waste prevention, and product strewardship programs. A.2 Support the County’s initiatives to work with the certified solid waste haulers to harmonize services and communication formats, and to expand their educational efforts, especially classroom workshops and presentations in the schools. Solid Waste Goal B. Strengthen local controls over collection of solid waste in accordance to the following policies: B.1 Investigate the requirement for city-wide mandatory garbage collection, combined with recycling services. Packet Page 252 of 312 B.2 Update and revise the original Recycling Ordinance to reflect current and alternative collection methods and service scenarios. Solid Waste Goal C. Continue to support and provide education and incentives for recycling and other waste diversion practices: C.1 Continue a program to provide outreach and education to the community in all aspects of best solid waste management practices. C.2 Provide support for the establishment and expansion of public recycling opportunities, on an ongoing basis, and at all public events. C.3 Support product stewardship initiatives programs that establish collection and recycling infrastructure for materials that are toxic, hazardous, hard-to-handle or under-recycled. C.4 Establish a policy that can assist in the reuse, recycling, and proper disposal of construction and demolition debris that is generated by development in the City. Solid Waste Goal D. Investigate policies and activities that will lead to development of a Zero Waste Strategy. D.1 Learn basic concepts as they apply to both waste management planning and materials management planning. D.2 Pursue waste prevention and reduction strategies. D.3 Consider a purchasing policy that would increase the proportion of recycled products the City purchases. D.4 Eliminate or reduce use of hazardous materials in City operations. Other Utilities New utility systems and technologies are constantly developing or evolving. Rather than being reactive, the City should seek to plan for these new services as they develop. Other Utilities Goal A. The goal is to pProvide for public needs while protecting the character of the community and assuring consistency with other plan goals. A.1. New technologies should be planned and carefully researched prior to developing new regulations or reviewing siting proposals. The goal is to provide for public needs while protecting the character of the community and assuring consistency with other plan goals. Other Utilities Goal B. Public and private utility plans should be encouraged that identify long-range system needs and that are coordinated with the City’s Ccomprehensive Pplan. B.1. All utility projects should be coordinated to provide opportunities for projects to address more than one system improvement or maintenance need. Packet Page 253 of 312 Other Utilities Goal C. Utility structures should be located whenever possible with similar types of structures to minimize impacts on surrounding neighborhoods. C.1. When such locations are not available, utility structures should be located or sited so that they are as unobtrusive as possible and are integrated with the design of their site and surrounding area. C.2. Free-standing structures should be discouraged when other siting opportunities are available. Packet Page 254 of 312    AM-7440     11.              City Council Meeting Meeting Date:02/10/2015 Time:10 Minutes   Submitted By:James Lawless Department:Police Department Type: Information  Information Subject Title Police Uniform Vendor Contract Renewal Recommendation It is the recommendation and request of staff that Council move this item forward to the February 3, 2015 Business Meeting for approval via the consent agenda. Previous Council Action N/A Narrative For many years, the Police Department has had vendor contracts with Blumenthal Uniforms and Kroesen's Uniforms.  These contracts are for the purchasing of department patrol and academy uniforms, bullet resistant vests, and duty belts/equipment.  There are no substantive changes to these contracts beyond brand/model suppliers on the part of the vendors.  The contracts (including price lists) are attached.  These contracts would be retroactive to January 1, 2015 and be valid for a three year term, expiring on December 31, 2017. In addition, the Police Department wishes to utilize a third vendor, Bratwear, for some of these same items.  This provides the department with not only price options, but also assists with availability issues.  Bratwear is also a sole source provider of the style/brand of uniform that the Department will be transitioning to in that the current uniform shirts, which are a proprietary style/color, are now no longer being manufactured and are no longer available.  This contract (including price list) is attached.  It will also be retroactive to January 1, 2015 and will be valid for a three year term, expiring on December 31, 2017.  All contracts have been reviewed by the City Attorney's Office and have been approved as to form. Attachments Blumenthal Contract Kroesen's Contract Bratwear Contract Bratwear Pricing Kroesen's Pricing Packet Page 255 of 312 Blumenthal's Pricing Form Review Inbox Reviewed By Date City Clerk Linda Hynd 01/22/2015 04:00 PM Mayor Dave Earling 01/22/2015 04:55 PM Finalize for Agenda Linda Hynd 01/23/2015 08:30 AM Police Linda Hynd 01/23/2015 01:11 PM Form Started By: James Lawless Started On: 01/22/2015 02:16 PM Final Approval Date: 01/23/2015  Packet Page 256 of 312 1 POLICE UNIFORM CONTRACT CITY OF EDMONDS This contract (“Contract”) is made and entered into this _____ day of __________, 20__, between Blumenthal Uniforms and Equipment (“Blumenthal”), with principal offices located at 20812 International Boulevard, SeaTac, Washington and the City of Edmonds (“the City”), with principal offices located at 121 Fifth Avenue North, Edmonds, Washington. WHEREAS, the City desires to contract with a uniform supplier to provide uniform items for its police employees; and WHEREAS, the City desires to have Blumenthal, pursuant to certain terms and conditions, supply the necessary uniform items to outfit the City’s police employees; NOW, THEREFORE, in consideration of the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: 1. Scope of Work: Blumenthal agrees to provide the City with the uniform items as requested and established by the City in Exhibit A, attached hereto and incorporated herein by this reference as if set forth in full. Blumenthal must be able to completely outfit new police employees within seventy-two hours and must make all uniform items, in a wide variety of sizes, readily available from stock on hand. This Contract does not establish Blumenthal as the sole source for City purchases, and the City specifically reserves the right to go elsewhere for its needs if Blumenthal cannot supply the particular item within the times provided herein. The City may also designate additional suppliers if, by doing so, it obtains the lowest overall price for its uniform needs. The City reserves the right to engage in non-exclusive contracts with multiple vendors in order to provide the lowest possible price on a per-item basis. 2. Ordering of Items: The City will designate certain employees as its buyer(s) for the purposes of ordering items from Blumenthal pursuant to this Contract. The City will so inform Blumenthal as to the names of these individuals. The City will submit its order by phone or by facsimile on official letterhead, with any phone orders to be “backed-up” by facsimile as soon as practicable. Blumenthal is not to accept orders from individual police employees under the terms of this Contract, except as follows: Some of the City’s police employees are not covered by the City’s “quartermaster” system. Some employees receive a uniform allowance so they can individually purchase uniform items from any vendor as long as the items meet certain standards of the City. Some of these employees may desire to purchase uniform items from Blumenthal. Blumenthal agrees to honor prices for items listed in Exhibit A attached hereto for “individual employee” purchases. However, for Blumenthal to honor this contract price, the City’s Packet Page 257 of 312 designated buyer(s) will order the items(s) on behalf of the “individual employee” utilizing the same procedure as specified above. In addition, it will be noted on the order facsimile that this is an “individual employee” purchase. It will be the responsibility of Blumenthal and the “individual employee” to agree upon payment terms for any items ordered by the City’s buyer where the facsimile order specifies an “individual employee” order. The City will not be responsible for payment of “individual employee” orders. Under the terms of this Contract, all shoulder patches and bone buttons will be sewn on by Blumenthal at no charge when a new uniform shirt is purchased. All service stripes and chevrons will be sewn on at the City’s expense. Tailoring requested by a police employee will be done by Blumenthal at the City’s expense, provided that an Assistant Chief of Police has first authorized such tailoring. 3. Term of Contract: Blumenthal shall begin performing the services under the terms of this Contract effective January 1, 2015, and the Contract will remain in effect until December 31, 2017, unless terminated earlier pursuant to the terms of Paragraph 8. Blumenthal retains the right to request price increases on an annual basis, provided that Blumenthal first provides the City with documentation supporting the price increase, such as information relating to a price increase from its supplier. The City has the right to deny such a request, but will not unreasonably do so. 4. Compensation: The City shall pay Blumenthal for the police uniform items provided pursuant to this Contract, except in the case of “individual employee” purchases as noted in Paragraph 2, at the price rates established in Exhibit A. All prices listed in Exhibit A include any charges for delivery to the City. No later than October 1st of each Contract year, Blumenthal shall provide the City with an updated price list and samples of any items that replace or supersede any items on the expiring list. The City shall have forty-five (45) days to review and accept or reject the uniform prices and samples. Blumenthal shall provide the City with monthly invoices for supplying uniform items. The City shall pay Blumenthal within thirty days of receipt of each invoice. Invoices shall include the name of each employee for which the respective uniform items are being provided. Blumenthal agrees that the City will not be billed for items ordered as “individual employee” purchases as specified in Paragraph 2. 5. Assignment and Subcontract: Blumenthal shall not assign or subcontract to any person or entity any portion of the services contemplated by this Contract without the City’s written consent. 6. Independent Contractor: The City and Blumenthal agree that Blumenthal is an independent contractor with respect to the services provided pursuant to this Contract. Nothing in this Contract shall be considered to create an employer/employee relationship between the parties hereto. Neither Blumenthal nor any employee of Blumenthal shall be entitled to any benefit accorded City employees by virtue of the services provided under this Contract. The City shall not be responsible for withholding or otherwise deducting Federal Income Tax or Social Security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to Blumenthal or any employee of Blumenthal. Packet Page 258 of 312 7. Indemnification: Blumenthal shall protect, defend, save harmless and indemnify the City and its agents, officers and employees from and against all claims, suits and actions for all damage or injury arising from the negligent and/or malicious acts, errors or omissions and any willful, wanton, malicious or intentional tortious conduct on the part of Blumenthal or its agents and/or employees. Blumenthal further agrees to fully indemnify the City from and against any and all costs, including attorneys’ fees, of defending such claim or demand. Additionally, Blumenthal specifically waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees and agrees that the obligation to indemnify the City extends to any claim, demand or action brought by or on behalf of any employee of Blumenthal, and includes any judgment, award and costs thereof including attorneys’ fees incurred. This paragraph shall not apply to damages and claims resulting from the sole negligence of the City. 8. Termination: The City may terminate this Contract at any time by providing written notice of termination to the other party. Such termination shall become effective thirty days after receipt of said notice. In any case whereby this Contract is terminated prior to the stated expiry date, the City shall provide reasonable compensation to Blumenthal for the uniform items and services provided pursuant to this Contract and accepted by the City up to the date of termination. 9. City Review/Approval: Upon delivery to the City of any police uniform items required by the scope of work identified in Paragraph 1, the City may accept or reject such uniform items, and may request such modification of said uniform items as it deems appropriate. To service such modifications, Blumenthal must have on-site tailoring facilities. Blumenthal shall promptly perform such modifications and correct any defects present in the uniform items. Blumenthal shall not be entitled to compensation for time devoted to correcting defective police uniform items. 10. Force Majeure: Neither party shall be considered in default in the performance of its obligations herein to the extent that the performance of said obligation is prevented or delayed by any cause, existing or future, which is unforeseen and beyond the reasonable control of the affected party. 11. Applicable Law and Venue: This Contract shall be governed by and construed in accordance with the laws of the State of Washington. Venue for any action upon the terms of this Contract shall be within King County, Washington. 12. Entire Agreement: The City and Blumenthal agree that this Contract is the complete expression of the terms between the parties hereto and no other agreement, oral or otherwise, which regards the subject matter of this Contract shall be deemed to exist or to bind any of the parties hereto. Either party may request changes to this Contract. Proposed changes that are mutually agreed upon shall be incorporated by written amendment to this Contract. 13. Notice: Whenever it shall be required or permitted that notice or demand be given or served by either party to this Contract, such notice or demand shall be given or served, and shall not be deemed to have been duly given or served unless in writing and forwarded by Packet Page 259 of 312 first-class mail, addressed to the address of the party as specified in the opening paragraph herein. IN WITNESS WHEREOF, Blumenthal and the City have caused this Contract to be executed by the person authorized to act in their respective names. CITY OF EDMONDS: BLUMENTHAL UNIFORMS & EQUIPMENT: Dave Earling, Mayor By Its ATTEST: ________________________________ Scott Passey, City Clerk APPROVED AS TO FORM: ________________________________ City Attorney Packet Page 260 of 312 1 POLICE UNIFORM CONTRACT CITY OF EDMONDS This contract (“Contract”) is made and entered into this _____ day of __________, 20__, between Kroesen’ Uniforms (“Kroesens”), with principal offices located at 1918 Minor Avenue, Seattle, Washington, and the City of Edmonds (“the City”), with principal offices located at 121 Fifth Avenue North, Edmonds, Washington. WHEREAS, the City desires to contract with a uniform supplier to provide uniform items for its police employees; and WHEREAS, the City desires to have Kroesens, pursuant to certain terms and conditions, supply the necessary uniform items to outfit the City’s police employees; NOW, THEREFORE, in consideration of the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: 1. Scope of Work: Kroesens agrees to provide the City with the uniform items as requested and established by the City in Exhibit A, attached hereto and incorporated herein by this reference as if set forth in full. Kroesens must be able to completely outfit new police employees within seventy-two hours and must make all uniform items, in a wide variety of sizes, readily available from stock on hand. This Contract does not establish Kroesens as the sole source for City purchases, and the City specifically reserves the right to go elsewhere for its needs if Kroesens cannot supply the particular item within the times provided herein. The City may also designate additional suppliers if, by doing so, it obtains the lowest overall price for its uniform needs. The City reserves the right to engage in non-exclusive contracts with multiple vendors in order to provide the lowest possible price on a per-item basis. 2. Ordering of Items: The City will designate certain employees as its buyer(s) for the purposes of ordering items from Kroesens pursuant to this Contract. The City will so inform Kroesens as to the names of these individuals. The City will submit its order by phone or by facsimile on official letterhead, with any phone orders to be “backed-up” by facsimile as soon as practicable. Kroesens is not to accept orders from individual police employees under the terms of this Contract, except as follows: Some of the City’s police employees are not covered by the City’s “quartermaster” system. Some employees receive a uniform allowance so they can individually purchase uniform items from any vendor as long as the items meet certain standards of the City. Some of these employees may desire to purchase uniform items from Kroesens. Kroesens agrees to honor prices for items listed in Exhibit A attached hereto for “individual employee” purchases. However, for Kroesens to honor this contract price, the City’s designated Packet Page 261 of 312 buyer(s) will order the items(s) on behalf of the “individual employee” utilizing the same procedure as specified above. In addition, it will be noted on the order facsimile that this is an “individual employee” purchase. It will be the responsibility of Kroesens and the “individual employee” to agree upon payment terms for any items ordered by the City’s buyer where the facsimile order specifies an “individual employee” order. The City will not be responsible for payment of “individual employee” orders. Under the terms of this Contract, all shoulder patches and bone buttons will be sewn on by Kroesens at no charge when a new uniform shirt is purchased. All service stripes and chevrons will be sewn on at the City’s expense. Tailoring requested by a police employee will be done by Kroesens at the City’s expense, provided that an Assistant Chief of Police has first authorized such tailoring. 3. Term of Contract: Kroesens shall begin performing the services under the terms of this Contract effective January 1, 2015, and the Contract will remain in effect until December 31, 2017, unless terminated earlier pursuant to the terms of Paragraph 8. Kroesens retains the right to request price increases on an annual basis, provided that Kroesens first provides the City with documentation supporting the price increase, such as information relating to a price increase from its supplier. The City has the right to deny such a request, but will not unreasonably do so. 4. Compensation: The City shall pay Kroesens for the police uniform items provided pursuant to this Contract, except in the case of “individual employee” purchases as noted in Paragraph 2, at the price rates established in Exhibit A. All prices listed in Exhibit A include any charges for delivery to the City. No later than October 1st of each Contract year, Kroesens shall provide the City with an updated price list and samples of any items that replace or supersede any items on the expiring list. The City shall have forty-five (45) days to review and accept or reject the uniform prices and samples. Kroesens shall provide the City with monthly invoices for supplying uniform items. The City shall pay Kroesens within thirty days of receipt of each invoice. Invoices shall include the name of each employee for which the respective uniform items are being provided. Kroesens agrees that the City will not be billed for items ordered as “individual employee” purchases as specified in Paragraph 2. 5. Assignment and Subcontract: Kroesens shall not assign or subcontract to any person or entity any portion of the services contemplated by this Contract without the City’s written consent. 6. Independent Contractor: The City and Kroesens agree that Kroesens is an independent contractor with respect to the services provided pursuant to this Contract. Nothing in this Contract shall be considered to create an employer/employee relationship between the parties hereto. Neither Kroesens nor any employee of Kroesens shall be entitled to any benefit accorded City employees by virtue of the services provided under this Contract. The City shall not be responsible for withholding or otherwise deducting Federal Income Tax or Social Security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to Kroesens or any employee of Kroesens. Packet Page 262 of 312 7. Indemnification: Kroesens shall protect, defend, save harmless and indemnify the City and its agents, officers and employees from and against all claims, suits and actions for all damage or injury arising from the negligent and/or malicious acts, errors or omissions and any willful, wanton, malicious or intentional tortious conduct on the part of Kroesens or its agents and/or employees. Kroesens further agrees to fully indemnify the City from and against any and all costs, including attorneys’ fees, of defending such claim or demand. Additionally, Kroesens specifically waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees and agrees that the obligation to indemnify the City extends to any claim, demand or action brought by or on behalf of any employee of Kroesens, and includes any judgment, award and costs thereof including attorneys’ fees incurred. This paragraph shall not apply to damages and claims resulting from the sole negligence of the City. 8. Termination: The City may terminate this Contract at any time by providing written notice of termination to the other party. Such termination shall become effective thirty days after receipt of said notice. In any case whereby this Contract is terminated prior to the stated expiry date, the City shall provide reasonable compensation to Kroesens for the uniform items and services provided pursuant to this Contract and accepted by the City up to the date of termination. 9. City Review/Approval: Upon delivery to the City of any police uniform items required by the scope of work identified in Paragraph 1, the City may accept or reject such uniform items, and may request such modification of said uniform items as it deems appropriate. To service such modifications, Kroesens must have on-site tailoring facilities. Kroesens shall promptly perform such modifications and correct any defects present in the uniform items. Kroesens shall not be entitled to compensation for time devoted to correcting defective police uniform items. 10. Force Majeure: Neither party shall be considered in default in the performance of its obligations herein to the extent that the performance of said obligation is prevented or delayed by any cause, existing or future, which is unforeseen and beyond the reasonable control of the affected party. 11. Applicable Law and Venue: This Contract shall be governed by and construed in accordance with the laws of the State of Washington. Venue for any action upon the terms of this Contract shall be within King County, Washington. 12. Entire Agreement: The City and Kroesens agree that this Contract is the complete expression of the terms between the parties hereto and no other agreement, oral or otherwise, which regards the subject matter of this Contract shall be deemed to exist or to bind any of the parties hereto. Either party may request changes to this Contract. Proposed changes that are mutually agreed upon shall be incorporated by written amendment to this Contract. 13. Notice: Whenever it shall be required or permitted that notice or demand be given or served by either party to this Contract, such notice or demand shall be given or served, and shall not be deemed to have been duly given or served unless in writing and forwarded by Packet Page 263 of 312 first-class mail, addressed to the address of the party as specified in the opening paragraph herein. IN WITNESS WHEREOF, Kroesens and the City have caused this Contract to be executed by the person authorized to act in their respective names. CITY OF EDMONDS: KROESENS UNIFORMS: Dave Earling, Mayor By Its ATTEST: ________________________________ Scott Passey, City Clerk APPROVED AS TO FORM: ________________________________ City Attorney Packet Page 264 of 312 1 POLICE UNIFORM CONTRACT CITY OF EDMONDS This contract (“Contract”) is made and entered into this _____ day of __ 2014__, between Alpha Parts & Supply, Inc.dba Bratwear (“Bratwear”), with principal offices located at 5417 12th Steet East, Suite 100 Fife, Washington and the City of Edmonds (“the City”), with principal offices located at 121 Fifth Avenue North, Edmonds, Washington. WHEREAS, the City desires to contract with a uniform supplier to provide uniform items for its police employees; and WHEREAS, the City desires to have Bratwear, pursuant to certain terms and conditions, supply the necessary uniform items to outfit the City’s police employees; NOW, THEREFORE, in consideration of the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: 1. Scope of Work: Bratwear agrees to provide the City with the uniform items as requested and established by the City in Exhibit A, attached hereto and incorporated herein by this reference as if set forth in full. Bratwear must be able to completely outfit new police employees within seventy-two hours and must make all uniform items, in a wide variety of sizes, readily available from stock on hand. This Contract does not establish Bratwear as the sole source for City purchases, and the City specifically reserves the right to go elsewhere for its needs if Bratwear cannot supply the particular item within the times provided herein. The City may also designate additional suppliers if, by doing so, it obtains the lowest overall price for its uniform needs. The City reserves the right to engage in non-exclusive contracts with multiple vendors in order to provide the lowest possible price on a per-item basis. 2. Ordering of Items: The City will designate certain employees as its buyer(s) for the purposes of ordering items from Bratwear pursuant to this Contract. The City will so inform Bratwear as to the names of these individuals. The City will submit its order by phone or by facsimile on official letterhead, with any phone orders to be “backed-up” by facsimile as soon as practicable. Bratwear is not to accept orders from individual police employees under the terms of this Contract, except as follows: Some of the City’s police employees are not covered by the City’s “quartermaster” system. Some employees receive a uniform allowance so they can individually purchase uniform items from any vendor as long as the items meet certain standards of the City. Some of these employees may desire to purchase uniform items from Bratwear. Packet Page 265 of 312 Bratwear agrees to honor prices for items listed in Exhibit A attached hereto for “individual employee” purchases. However, for Bratwear to honor this contract price, the City’s designated buyer(s) will order the items(s) on behalf of the “individual employee” utilizing the same procedure as specified above. In addition, it will be noted on the order facsimile that this is an “individual employee” purchase. It will be the responsibility of Bratwear and the “individual employee” to agree upon payment terms for any items ordered by the City’s buyer where the facsimile order specifies an “individual employee” order. The City will not be responsible for payment of “individual employee” orders. Under the terms of this Contract, all shoulder patches and bone buttons will be sewn on by Bratwear at no charge when a new uniform shirt is purchased. All service stripes and chevrons will be sewn on at the City’s expense. Tailoring requested by a police employee will be done by Bratwear at the City’s expense, provided that an Assistant Chief of Police has first authorized such tailoring. 3. Term of Contract: Bratwear shall begin performing the services under the terms of this Contract effective August 1st, 2014 and the Contract will remain in effect until July 31st, 2017 unless terminated earlier pursuant to the terms of Paragraph 8. Bratwear retains the right to request price increases on an annual basis, provided that Bratwear first provides the City with documentation supporting the price increase, such as information relating to a price increase from its supplier. The City has the right to deny such a request, but will not unreasonably do so. 4. Compensation: The City shall pay Bratwear for the police uniform items provided pursuant to this Contract, except in the case of “individual employee” purchases as noted in Paragraph 2, at the price rates established in Exhibit A. All prices listed in Exhibit A include any charges for delivery to the City. No later than July 31st of each Contract year, Bratwear shall provide the City with an updated price list and samples of any items that replace or supersede any items on the expiring list. The City shall have forty-five (45) days to review and accept or reject the uniform prices and samples. Bratwear shall provide the City with monthly invoices for supplying uniform items. The City shall pay Bratwear within thirty days of receipt of each invoice. Invoices shall include the name of each employee for which the respective uniform items are being provided. Bratwear agrees that the City will not be billed for items ordered as “individual employee” purchases as specified in Paragraph 2. 5. Assignment and Subcontract: Bratwear shall not assign or subcontract to any person or entity any portion of the services contemplated by this Contract without the City’s written consent. 6. Independent Contractor: The City and Bratwear agree that Bratwear is an independent contractor with respect to the services provided pursuant to this Contract. Nothing in this Contract shall be considered to create an employer/employee relationship between the parties hereto. Neither Bratwear nor any employee of Bratwear shall be entitled to any benefit accorded City employees by virtue of the services provided under this Contract. The City shall not be responsible for withholding or otherwise deducting Federal Income Tax or Social Security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to Bratwear or any employee of Bratwear. Packet Page 266 of 312 7. Indemnification: Bratwear shall protect, defend, save harmless and indemnify the City and its agents, officers and employees from and against all claims, suits and actions for all damage or injury arising from the negligent and/or malicious acts, errors or omissions and any willful, wanton, malicious or intentional tortious conduct on the part of Bratwear or its agents and/or employees. Bratwear further agrees to fully indemnify the City from and against any and all costs, including attorneys’ fees, of defending such claim or demand. Additionally, Bratwear specifically waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees and agrees that the obligation to indemnify the City extends to any claim, demand or action brought by or on behalf of any employee of Bratwear, and includes any judgment, award and costs thereof including attorneys’ fees incurred. This paragraph shall not apply to damages and claims resulting from the sole negligence of the City. 8. Termination: The City may terminate this Contract at any time by providing written notice of termination to the other party. Such termination shall become effective thirty days after receipt of said notice. In any case whereby this Contract is terminated prior to the stated expiry date, the City shall provide reasonable compensation to Bratwear for the uniform items and services provided pursuant to this Contract and accepted by the City up to the date of termination. 9. City Review/Approval: Upon delivery to the City of any police uniform items required by the scope of work identified in Paragraph 1, the City may accept or reject such uniform items, and may request such modification of said uniform items as it deems appropriate. To service such modifications, Bratwear must have on-site tailoring facilities. Bratwear shall promptly perform such modifications and correct any defects present in the uniform items. Bratwear shall not be entitled to compensation for time devoted to correcting defective police uniform items. 10. Force Majeure: Neither party shall be considered in default in the performance of its obligations herein to the extent that the performance of said obligation is prevented or delayed by any cause, existing or future, which is unforeseen and beyond the reasonable control of the affected party. 11. Applicable Law and Venue: This Contract shall be governed by and construed in accordance with the laws of the State of Washington. Venue for any action upon the terms of this Contract shall be within King County, Washington. 12. Entire Agreement: The City and Bratwear agree that this Contract is the complete expression of the terms between the parties hereto and no other agreement, oral or otherwise, which regards the subject matter of this Contract shall be deemed to exist or to bind any of the parties hereto. Either party may request changes to this Contract. Proposed changes that are mutually agreed upon shall be incorporated by written amendment to this Contract. Packet Page 267 of 312 13. Notice: Whenever it shall be required or permitted that notice or demand be given or served by either party to this Contract, such notice or demand shall be given or served, and shall not be deemed to have been duly given or served unless in writing and forwarded by first-class mail, addressed to the address of the party as specified in the opening paragraph herein. IN WITNESS WHEREOF, Bratwear and the City have caused this Contract to be executed by the person authorized to act in their respective names. CITY OF EDMONDS: ALPHA PARTS & SUPPLY, INC DBA BRATWEAR: Dave Earling, Mayor By Its ATTEST: ________________________________ Sandra S. Chase, City Clerk APPROVED AS TO FORM: ________________________________ City Attorney Packet Page 268 of 312 It e m Mo d e l Pr i c e 2XL+ UN I F O R M S SH I R T , M E N ' S S H O R T S L E E V E , D K N A V Y SH T - T D 0 2 D N 5 9 . 0 0 $ SH I R T , M E N ' S L O N G S L E E V E , D K N A V Y SH T - T D 0 2 L D N 64 . 0 0 $ SH I R T , S H O R T S L E E V E , M E D B L U E M- H S 1 4 9 6 / F - H S 1 4 9 7 42 . 0 0 $ SH I R T , L O N G S L E E V E , M E D B L U E AN I M A L C O N T R O L M- H S 1 4 9 4 / F - H S 1 4 9 5 46 . 0 0 $ SH I R T , S H O R T S L E E V E , W H I T E M- H S 1 2 2 3 / F - H S 1 2 7 8 47 . 0 0 $ SH I R T , L O N G S L E E V E , W H I T E M- H S 1 1 2 5 / F - H S 1 1 7 7 52 . 0 0 $ SH I R T , C O N T E M P O R A R Y D U T Y , D K N A V Y SH T - C D 0 2 D N 82 . 0 0 $ SH I R T , B D U , L O N G S L E E V E PR O P P E R F 5 4 5 2 33 . 0 0 $ SH I R T , L O N G S L E E V E , M E D B L U E CL E R K S M- H S 1 4 9 4 / F - H S 1 4 9 5 51 . 0 0 $ PO L O S H I R T , B L U E B E R R Y SA N M A R L 4 4 8 23 . 0 0 $ 27.00 $ PA N T S , M E N ' S P- T D 0 2 N P D N 99 . 0 0 $ PA N T S , W O M E N ' S P- T D 0 2 N P D N 99 . 0 0 $ PA N T , C O N T E M P O R A R Y D U T Y , D K N A V Y P- C D 0 2 L T D N 13 0 . 0 0 $ JU M P S U I T A L L S E A S O N T R A D I T I O N A L DK N A V Y JM P 9 3 T D A S D N 51 5 . 0 0 $ JU M P S U I T W I N T E R T R A D I T I O N A L DK N A V Y JM P 9 3 T D D N 51 5 . 0 0 $ JU M P S U I T S U M M E R T R A D I T I O N A L DK N A V Y JM P 9 3 T D L T D N 47 5 . 0 0 $ BE L T CL E R K S DU T Y M A N 1 5 1 1 19 . 9 5 $ 5. 1 1 R A I N P A N T S BL A C K 48 0 5 7 - 0 1 9 95 . 0 0 $ 5. 1 1 T D U P / C R I P S T O P P A N T BL A C K 74 0 0 3 - 0 1 9 44 . 5 0 $ 5. 1 1 T D P R I P S T O P S H I R T , L O N G S L E E V E BL A C K 72 0 0 2 - 0 1 9 47 . 7 5 $ PA T R O L D U T Y J A C K E T J- P D 0 7 37 5 . 0 0 $ PA N T , M O T O R B R E E C H , S U M M E R , D K N A V Y P- M C 9 9 4 L T D N 21 5 . 0 0 $ PA N T , M O T O R B R E E C H , W I N T E R , D K N A V Y P- M C 9 9 4 D N 23 5 . 0 0 $ TU R T L E N E C K S H I R T , N A V Y MO C K N E C K S H I R T , N A V Y HA T , L A P D S T Y L E I N C R C A N D C A P S T R A P MI D W A Y L A P D 59 . 0 0 $ CA P C O V E R NE E S E 4 4 7 C C N CA P S T R A P , S N A K E S T Y L E S I I L V E R CA D E T 7 - 4 5 0 CA P S T R A P , S N A K E S T Y L E G O L D CA D E T 7 - 4 5 1 TI E , W O M E N ' S C L I P O N BR O O M E 4 5 0 5 5 - 6 1 8.95 $ TI E , R E G U L A R N A V Y C L I P O N BR O O M E 4 5 0 1 5 - 6 1 8.95 $ TI E , L O N G N A V Y C L I P O N BR O O M E 4 5 0 4 5 - 6 1 9.50 $ Packet Page 269 of 312 TI E , W O M E N ' S N A V Y V E L C R O BR O O M E 4 5 1 2 2 - 6 1 13 . 9 5 $ TI E , R E G U L A R N A V Y V E L C R O BR O O M E 4 5 0 9 5 - 6 1 13 . 9 5 $ TI E , L O N G , N A V Y V E L C R O BR O O M E 4 5 1 1 5 - 6 1 14 . 5 0 $ BO O T S BO O T , W O M E N ' S G O R E T E X H I - T O P RO C K Y 4 0 4 4 BO O T , M E N ' S G O R E T E X H I - T O P L U G S O L E RO C K Y 8 0 3 2 BO O T , 5 . 1 1 A T A C 6 " 5. 1 1 1 2 0 0 2 B L K 85 . 7 5 $ BO O T , 5 . 1 1 A T A C 8 " 5. 1 1 1 2 0 0 1 B L K 92 . 5 0 $ BO O T , M E N ' S D A N N E R A C A D I A 21 2 1 0 25 8 . 0 0 $ BO O T , L O W T O P TH O R O G O O D 8 3 4 - 6 0 5 6 ME N ' S S H O E B L A C K RO C K Y 2 0 2 5 TH O R O G O O D CL E R K S MK 7 0 6 B L TH O R O G O O D CL E R K S 53 4 - 6 9 0 8 BO D Y A R M O R BA L L I S T I C V E S T , P O I N T B L A N K VI S I O N A X I I I A W / O U T T H O R S H I E L D 2 C A R R I E R S VI S I O N A X I I I A 2 C A R N O T H O R 89 6 . 0 0 $ DU T Y G E A R HO L S T E R , A L K M I D R I D E L E V E L I I NO L I G H T 63 6 0 - 2 1 9 1 2 8 . 8 0 $ DU T Y B E L T B W , 2 . 2 5 AK E R B 0 1 60 . 0 0 $ DU T Y B E L T B W , 2 . 2 5 BI A N C H I 7 9 5 0 59 . 0 0 $ AS P H O L D E R B W C L O S E D B O T T O M AK E R 5 5 2 F O R 2 1 / 2 6 29 . 7 5 $ AS P H O L D E R B W C L O S E D B O T T O M BI A N C H I 7 9 1 2 - 2 4 0 2 2 23 . 9 9 $ KE E P E R , B W H I D D E N S N A P BI A N C H I 7 9 0 6 13 . 7 5 $ MA C E H O L D E R , M K 4 , B W , H S AK E R 5 7 0 H 34 . 7 5 $ MA C E H O L D E R , M K 4 , B W , H S BI A N C H I 7 9 0 7 - 2 2 0 9 9 30 . 2 5 $ CU F F C A S E , S I N G L E , B W , H S AK E R 5 0 8 H 37 . 0 0 $ CU F F C A S E , S I N G L E , B W , H S BI A N C H I 7 9 0 0 - 2 3 1 0 1 28 . 7 5 $ KE Y H O L D E R AK E R 5 6 4 22 . 5 0 $ KE Y H O L D E R BI A N C H I 7 9 1 6 - 2 2 1 1 9 21 . 0 0 $ DO U B L E M A G P U C H , B W , H S BI A N C H I 7 9 0 2 - 0 2 - 2 5 3 4 1 35 . 5 0 $ DO U B L E M A G P U C H , B W , H S SA F A R I L A N D 7 7 - 7 6 - 4 H S 35 . 0 0 $ Packet Page 270 of 312 HA N D C U F F S PE E R L E S S 7 0 0 B N 27 . 5 0 $ TA C T I C A L B A T O N F - 2 1 B AS P 5 2 4 1 1 84 . 0 0 $ TA C T I C A L B A T O N F - 2 6 AS P 5 3 6 1 1 88 . 5 0 $ GE A R B A G HW I D B 1 0 0 49 . 0 0 $ HI V I S S A F E T Y V E S T W / P O L I C E F R O N T A N D B A C K HS 3 3 3 7 39 . 0 0 $ CO L L A R B R A S S , E . P . 1 / 2 " R H O D I U M CW N I E L S E N 15 . 0 0 $ CO L L A R B R A S S , E . P . 1 / 2 " G O L D CW N I E L S E N 15 . 0 0 $ TI E B A R , W / S E A L A N D E P R H O D I U M CW N I E L S E N TI E B A R , W / S E A L A N D E P G O L D CW N I E L S E N SE T O F B U T T O N W / W A S H E R S , T O G G S I L V E R WA T E R B U R Y SE T O F B U T T O N W / W A S H E R S , T O G G G O L D WA T E R B U R Y CH E V R O N S , S G T , P A I R 4.00 $ CH E V R O N S , C O R P , P A I R 4.00 $ SE R V I C E B A R S 1.00 $ EACH ME T A L N A M E T A G S N8 S L V R O R G O L D 14 . 9 5 $ EM B N T A G , J K T , ( F . M . L A S T ) 8.00 $ EM B N T A G , S H I R T , ( F . M . L A S T ) 8.00 $ PR I N T P A N E L , P O L I C E , R E F L E C T I V E S I L V E R 18 . 0 0 $ AC A D E M Y HA N E S T - S H I R T 51 8 0 6 . 2 5 $ 8 . 2 5 $ LA S T N A M E O N S H I R T GR A Y S W E A T S H I R T JE R Z E E S 5 6 2 M 12 . 5 0 $ 13.25 $ LA S T N A M E O N S W E A T S H I R T GR A Y S W E A T P A N T S JE R Z E E 9 7 3 M 14 . 2 5 $ 15.95 $ PA N T S , N A V Y U N I F O R M 6 5 / 3 5 RE D K A P 5 P 5 6 T 0 0 BL U E A C A D E M Y P A N T S 5. 1 1 7 4 0 0 4 - 7 2 4 44 . 5 0 $ BL U E A C A D E M Y P A N T S , R I P S T O P 5. 1 1 7 4 0 0 3 - 7 2 4 47 . 2 5 $ PA N T S , C A R G O B D U PR O P P E R F 5 2 0 1 31 . 5 0 $ AC A D E M Y S H I R T , S / S WI T H S E W N I N C R E A S E S RE D K A P S T 6 2 N V 20 . 5 0 $ AC A D E M Y S H O R T S SP O R T T E K S T 3 1 0 15 . 2 5 $ L/ S T A C T I C A L G E A R S H I R T SP O R T T E X - T 4 7 3 L S 15 . 9 9 $ 16.99 $ Packet Page 271 of 312 TR A F F I C T E M P L A T E PI C K E T T 1 8 6 1 9.95 $ GR A V I T Y G R I P H A N D T R A I N E R GR A V I T Y G R I P P MO U T H P I E C E BA S E B A L L H A T W / E M B E P 58 5 28 . 0 0 $ EL B O W G U A R D HA T C H N E 3 5 15 . 0 0 $ KN E E G U A R D HA T C H N E 4 5 32 . 0 0 $ AL T E R A T I O N S WA I S T A D J U S T M E N T 18 . 0 0 $ AL T E R R I S E 18 . 0 0 $ SH O R T E N S L E E V E 12 . 0 0 $ SE W O N E M B L E M IN C L U D E D W I T H G A R M E N T 5.00 $ SE W O N B A D G E IN C L U D E D W I T H G A R M E N T 5.00 $ SE W O N N A M E IN C L U D E D W I T H G A R M E N T 5.00 $ SE W O N C H E V R O N S , P A I R IN C L U D E D W I T H G A R M E N T 5.00 $ SE W O N B U T T O N S 5.00 $ TA P E R S I D E S O F S H I R T 18 . 0 0 $ SE W O N P O L I C E P A N E L 5.00 $ SE W O N V E L C R O O N B A C K O F E M B L E M 5.00 $ EM B R O I D E R N A M E 8.00 $ SE W O N S E R V I C E S T R I P E S IN C L U D E D W I T H G A R M E N T 5.00 $ RE M O V E E M B L E M S , P A I R 5.00 $ Packet Page 272 of 312 KR O E S E N ' S U N I F O R M L I S T - U P D A T E D P R I C I N G It e m Mo d e l Kr o e s e n ' s 20 1 5 . 0 0 A l t e r n a t i v e O p t i o n / Cu r r e n t D i s c % P r i c e L i s t C o m m e n t s Sh i r t , M e n ' s S h o r t S l e e v e d F / C 7 4 6 R 9 2 2 6 69 . 5 0 Di s c o n t i n u e d Sh i r t , M e n ' s l o n g s l e e v e d F / C 4 1 4 W 9 2 2 6 7 92 . 5 0 Di s c o n t i n u e d W o o l s / s d a r k n a v y UD 7 0 r 9 5 8 6 72 . 5 0 M a t c h e s 3 2 2 8 9 p a n t s W o o l l / s s h i r t UD 2 0 W 9 5 8 6 61 . 2 5 M a t c h e s 3 2 2 8 9 p a n t s Sh i r t n a m e t a g ( F . 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L a s t ) R e f l e c t i v e S i l v e r 5. 9 5 w / m y l a r l e t t e r s Se w o n e m b l e m C O G $ 2 . 5 0 NC 2. 0 0 Se w o n b a d g e C O G $ 2 . 5 0 2. 0 0 2. 0 0 Se w o n n a m e C O G $ 2 . 5 0 2. 0 0 2. 0 0 Se w o n c h e v r o n s , p e r p a i r C O G $ 2 . 5 0 p r 2. 0 0 2. 0 0 Se w o n b u t t o n s NC 2. 0 0 Se w o n y e a r s o f s e r v i c e C O G $ 2 . 5 0 1. 0 0 0. 7 5 Re m o v e e m b l e m s , p e r p a i r 2. 0 0 2. 0 0 Tu r t l e n e c k s h i r t s , n a v y B l a u e r 8 1 0 0 X 29 . 5 0 25 . 0 0 Mo c k t u r t l e n e c k s h i r t s , n a v y B l a u e r 8 1 0 0 X 29 . 5 0 25 . 0 0 B l a u e r 8 1 1 0 X Sh i r t , s h o r t s l e e v e , m e d b l u e F l y i n g c r o s s 49 . 5 0 44 . 0 0 95 R 6 6 2 5 Sh i r t , s h o r t s l e e v e , w h i t e F l y i n g c r o s s 37 . 5 0 35 . 0 0 65 R 5 4 0 0 Sh i r t , l o n g s l e e v e , w h i t e F l y i n g c r o s s 39 . 5 0 37 . 0 0 15 W 5 4 0 0 Sh i r t , B D U , l o n g s l e e v e P r o p p e r 5 4 5 2 32 . 5 0 27 . 8 6 Kr o s e n ' s d o e s n o t c h a r g e t o a p p l y o u r p a t c h e s t o n e w p u r c h a s e s * * W I L L N O W C H A R G E $ 2 . 0 0 U N D E R N E W C O N T R A C T Kr o e s e n ' s d o e s n o t c h a r g e t o a p p l y p a t c h e s t h a t w e r e p u r c h a s e d f r o m t h e m Kr e o s e n ' s d o e s n o t c h a r g t o r e m o v e d o l d e m b l e m s w h e n r e p l a c i n g t h e m w i t h n e w Packet Page 273 of 312 Pa n t s , M e n ' s w o o l n a v y S P D m o d 3 2 2 8 9 14 0 . 0 0 99 . 0 0 st y l e O / S Pa n t , M e n ' s w o o l n a v y S P D m o d 3 2 2 8 9 12 5 . 0 0 90 . 0 0 Pa n t , M e n ' s d a c r o n w o o l S P D B l a u e r 8 5 6 1 P 7 89 . 5 0 85 . 5 0 Pa n t , W o m e n ' s w o o l n a v y S P D m o d 3 5 2 8 9 13 0 . 0 0 90 . 0 0 Pa n t , T a c t i c a l C l a s s A , F e c h h e i m e r 4 4 9 0 0 1 0 2 . 5 0 Di s c o n t i n u e d 84 . 0 0 S i m i l a r s t y l e # 4 7 6 8 0 Tr a d i t i o n a l P a n t w / N i n j a P o c k e t N/ A N/ A Co n t e m p o r a r y S u m m e r W e i g h t P t N/ A N/ A Pa n t , T a c t i c a l C l a s s A , E d w a r d s C o . 8 6 5 0 4 2 . 0 0 42 . 0 0 Ra i n P a n t s 48 0 5 7 - 1 9 99 . 9 9 93 . 0 0 5. 1 1 T D U P / C R i p p a n t s 7 4 0 0 3 - 0 1 9 44 . 9 9 44 . 0 0 5. 1 1 T D P R i p S h i r t l / s 72 0 0 2 - 0 1 9 54 . 9 9 47 . 0 0 Ju m p s u i t N/ A Na m e t a g Pa t c h e s Ba d g e Se r v i c e S t r i p e s Ch e v r o n s Sl e e v e l e s s S w e a t e r v e s t S A I 6 6 0 0 24 . 5 0 21 . 0 0 U P T O X L 24 . 0 0 2 X L A N D U P Pa t r o l D u t y J a c k e t JP D 0 7 N/ A 5 i n 1 J a c k e t ( B a s i c C h a r g e ) 5 . 1 1 4 8 0 1 7 - 7 2 4 2 4 9 . 9 9 22 4 . 0 0 BU C P a t r o l J a c k e t ( B a s i c C h g ) P J 4 0 0 N/ A Ja c k e t n a m e t a g ( F . M . L a s t ) 1 " x 5 " c l o t h 6. 5 0 6. 5 0 Re f l e c t i v e P o l i c e P a n e l H e r o e s p r i d e 7. 5 0 7. 0 0 Ha t , L A P D s t y l e i n c r a i n c o v e r M i d w a y L A P D 55 . 5 0 56 . 0 0 an d c a p s t r a p Ca p c o v e r , b l a c k n y l o n Bl a u e r 1 0 1 7. 0 0 7. 0 0 Packet Page 274 of 312 Ba s e b a l l c a p w / e m b r o i d e r 16 . 8 0 R i c h a r d s o n 5 8 5 E m b r o i d e r " E d m o n d s P o l i c e " Em b r o i d e r y i n c l u d e d Ca p s t r a p , s n a k e s t y l e s i l v e r E i s m a n L u d m a r 7. 5 0 6. 5 0 Ca p s t r a p , s n a k e s t y l e g o l d E i s m a n L u d m a r 7. 5 0 6. 5 0 W a t c h c a p na v y / g o l d 13 . 9 5 Ti e , w o m e n ' s c l i p o n Br o o m e 4 5 0 5 5 - 6 1 7. 0 0 7. 0 0 Ti e , R e g u l a r n a v y c l i p o n B r o o m e 4 5 0 1 5 - 6 1 7. 0 0 7. 0 0 Ti e , L o n g n a v y c l i p o n Br o o m e 4 5 0 4 5 - 6 1 7. 0 0 7. 0 0 Ti e , w o m e n ' s n a v y v e l c r o B r o o m e 4 5 1 2 2 - 6 1 7. 0 0 7. 0 0 Ti e , R e g u l a r n a v y v e l c r o B r o o m e 4 5 0 9 5 - 6 1 7. 0 0 7. 0 0 Ti e , L o n g n a v y v e l c r o Br o o m e 4 5 1 1 5 - 6 1 7. 0 0 7. 0 0 Ti e , L o n g n a v y v e l c r o Br o o m e 4 5 1 3 5 - 6 1 7. 0 0 Bo o t s , A c a d i a 21 2 1 0 W S P 24 3 . 6 0 Bo o t s , B l a c k h a w k I I Da n n e r 2 4 6 0 0 22 9 . 0 0 Di s c o n t i n u e d 23 5 . 2 0 D a n n e r P a t r o l # 2 5 2 0 0 Bo o t , W o m e n ' s G o r e t e x h i - t o p R o c k y 4 0 4 4 Di s c o n t i n u e d 11 2 . 0 0 R o c k y # 4 0 9 0 Bo o t , G o r e t e x h i t o p l u g s o l e R o c k y 8 0 3 2 1 4 7 . 5 0 Di s c o n t i n u e d 18 3 . 4 0 R o c k y # 8 1 3 2 1 Bo o t , 5 . 1 1 A T A C 6 " 5 . 1 1 1 2 0 0 2 - B L K 86 . 0 0 84 . 0 0 Bo o t , 5 . 1 1 A T A C 8 " 5. 1 1 1 2 0 0 1 - B L K 95 . 0 0 91 . 0 0 Bo o t , S t r i k e r 8 " , G o r e t e x D a n n e r 4 2 9 8 0 14 5 . 0 0 Di s c o n t i n u e d 17 0 . 8 0 D a n n e r S t r i k e r # 4 3 0 0 3 Bo o t , 8 " S t i k e r I I G T X Di s c o n t i n u e d 13 0 . 2 0 D a n n e r K i n e t i c # 2 8 0 1 0 Bo o t , A T A C 8 " w a t e r p r o o f 1 2 0 0 4 - 0 1 9 12 9 . 9 9 11 9 . 0 0 Bo o t , G o r e t e x c r o s s t r a i n e r D a n n e r 4 2 9 0 0 Di s c o n t i n u e d 13 4 . 4 0 D a n n e r S t r i k e r # 4 3 0 2 7 Bo o t , M e n ' s n y l o n / l t r / A c a d i a D a n n e r 2 1 2 1 0 22 9 . 0 0 24 3 . 6 0 Sw a t M e t r o A i r 9 " w / s i d e z i p O S W A T 1 2 3 4 0 1 87 . 3 3 Sw a t M e t r o A i r 5 " w / s i d e z i p O S W A T 1 2 6 1 0 1 71 . 8 4 Sh o e , l o t o p Th o r o g o o d 8 3 4 - 6 0 5 6 1 1 5 . 5 0 10 9 . 2 0 Me n ' s s h o e B l a c k Ro c k y 2 0 2 5 93 . 0 0 Di s c o n t i n u e d 10 5 . 0 0 R o c k y # 5 0 0 0 Ba l l i s t i c V e s t w / 2 v i s i o n c a r r i e r s A l p h a E l i t e I I I A Do n o t c a r r y Ba l l i s t i c V e s t w / 1 v i s i o n c a r r i e r A l p h a E l i t e I I I A Do n o t c a r r y Ba l l i s t i c V e s t , 2 n d C h a n c e B A - 3 A 0 0 S - S M 0 1 N A 7 6 5 . 0 0 Ba l l i s t i c V e s t , 2 n d C h a n c e B A - 2 0 0 0 S - S M 0 1 NA 83 5 . 0 0 Ba l l i s t i c V e s t , 2 n d C h a n c e 3 A S M 0 2 83 5 . 0 0 2 c a r r i e r s Ba l l i s t i c V e s t , 2 n d C h a n c e 2 S M 0 2 79 0 . 0 0 2 c a r r i e r s Ba l l i s t i c V e s t , 2 n d C h a n c e 3 A S M 0 2 76 0 . 0 0 1 c a r r i e r Ba l l i s t i c V e s t , 2 n d C h a n c e 2 S M 0 2 72 5 . 0 0 1 c a r r i e r Packet Page 275 of 312 AB A X t r e m e XT 0 2 3 A 69 1 . 0 0 2 m e n s c a r r i e r s AB A X t r e m e XT 0 2 3 A 69 1 . 0 0 2 f e m a l e c a r r i e r s Ho l s t e r , A L S m i d r i d e L e v e l I I 6 2 8 0 - 2 1 9 16 0 . 0 0 91 . 6 3 B W S T X Sa f a r i l a n d D u t y H o l s t e r L e v e l I I I 6 3 6 0 - 2 1 9 11 3 . 1 9 B W S T X Du t y B e l t B W 2 1 / 4 Ak e r B 0 1 54 . 5 0 54 . 5 0 Du t y B e l t B W 2 1 / 4 Bi a n c h i 7 9 5 0 52 . 5 0 45 . 3 3 Be l t , B l a c k B W 1 3 / 4 Ch a m b e r s 6 6 0 5 16 . 9 0 17 . 0 0 # 7 0 5 0 Be l t , B l a c k B W 1 1 / 2 Ch a m b e r s 6 6 0 6 17 . 0 0 # 6 0 5 0 Li n e r B e l t Bi a n c h i 21 . 3 5 # 7 2 0 5 AS P H o l d e r B W c l o s e d b o t t o m A k e r 5 5 2 f o r 2 1 / 2 6 2 8 . 5 0 26 . 3 0 AS P H o l d e r B W c l o s e d b o t t o m B i a n c h i 7 9 1 2 - 2 4 0 2 2 o r 4 5 . 5 0 20 . 6 5 Ra d i o H o l d e r W / S w i v e l B i a n c h i 45 . 1 5 Ke e p e r , B W h i d d e n s n a p B i a n c h i 7 9 0 6 14 . 5 0 11 . 9 0 B i a n c h i # 7 0 5 0 Be l t K e e p e r s / D R i n g / 4 p k 27 . 5 0 K & W 5 3 5 O B K Ta c t i c a l H a r n e s s 15 . 9 5 k & W 0 3 5 O B K Ma c e H o l d e r M K 4 B W H S A k e r 5 7 0 30 . 5 0 30 . 5 0 Ma c e H o l d e r M K 4 B W H S B i a n c h i 7 9 0 7 28 . 5 0 23 . 2 8 Ma c e P o u c h , s m a l l Bi a n c h i 23 . 2 8 # 7 9 0 7 Cu f f c a s e , s i n g l e B W H S A k e r 5 0 8 32 . 5 0 31 . 6 4 Cu f f c a s e , s i n g l e B W H S B i a n c h i 7 9 0 0 28 . 5 0 24 . 1 5 Cu f f c a s e , d o u b l e Bi a n c h i 29 . 2 3 # 7 9 1 7 Cu f f c a s e , d o u b l e , W / H S 29 . 2 3 # 7 9 1 7 Ke y h o l d e r Ak e r 5 6 4 20 . 0 0 19 . 9 5 Ke y h o l d e r Bi a n c h i 7 9 1 6 21 . 5 0 18 . 3 8 Do u b l e m a g p o u c h B W H S B i a n c h i 7 9 0 2 38 . 5 0 32 . 2 0 Do u b l e m a g p o u c h B W H S S a f 7 7 - 7 6 - 4 H S 39 . 5 0 31 . 6 8 Ha n d c u f f s 65 0 1 28 . 5 0 25 . 3 4 P e e r l e s s 7 0 0 Ex p a n d a b l e B a t o n H o l d e r B i a n c h i 20 . 6 5 # 7 9 1 2 Ta c t i c a l B a t o n F - 2 1 B AS P 5 2 4 1 1 84 . 5 0 88 . 2 7 Ta c t i c a l B a t o n F - 2 6 AS P 5 3 6 1 1 87 . 5 0 92 . 8 2 Ge a r B a g Pr e m i e r P B G - 0 8 1 53 . 5 0 35 . 9 5 Ta c t i c a l P a t r o l B a g 49 . 0 0 5 . 1 1 # 5 9 0 1 2 Hi V i s S a f e t y V e s t Bl a u e r 3 3 9 P 49 . 5 0 44 . 0 0 Si d e b r e a k A S P B a t o n C a s e 5 2 4 3 3 - B W 36 . 4 0 Fl a s h l i g h t r i n g B W 7. 0 0 B i a n c h i # 7 9 0 9 Le t t e r s E . P . 1 / 2 " R h o d i u m E m b E n t 15 . 9 0 14 . 0 0 Packet Page 276 of 312 Le t t e r s E . P . 1 / 2 " G o l d Em b E n t 15 . 9 0 14 . 0 0 Ti e b a r w / s e a l & E P R h o d i u m C . W . N i e l s e n 16 . 3 0 13 . 9 5 Ti e b a r w / s e a l & E P G o l d C . W . N i e l s e n 16 . 3 0 13 . 9 5 Se t o f b t n s w / w a s h e r s , t o g g - s i l v e r W a t e r b u r y 10 . 5 0 10 . 5 0 Se t o f b t n s w / w a s h e r s , t o g g g o l d W a t e r b u r y 10 . 5 0 10 . 5 0 Ch e v r o n s , s g t , p r Em b l e m E n t 5 4 2 5 S 3 . 0 0 2. 5 0 Ch e v r o n s , c o r p , p r Em b l e m E n t 5 4 2 5 C 3 . 0 0 2. 5 0 Se r v i c e b a r s Em b l e m E n t 5 3 9 6 0. 7 5 0. 5 6 In s i g n i a 5 / 8 " 2 s t a r ( c o l l a r ) M / 2 0 9 2 A - G F 8. 7 5 In s i g n i a 1 " 2 - s t a r s J1 0 1 s m o o t h 10 . 2 9 Me t a l n a m e t a g s N8 s l v r o r g o l d 15 . 0 0 15 . 0 0 Sh i r t , l o n g s l e e v e d , m e d b l u e F l y i n g c r o s s 55 . 9 0 52 . 1 5 ( a n i m a l c o n t r o l ) 45 W 6 6 2 5 Pa n t , p o l y / w o o l / p l e a t e d F e c h h e i m e r 3 2 2 3 1 4 9 . 5 0 46 . 5 5 AC A D E M Y Ha n e s T - s h i r t Ha n e s T 5 1 8 0 4. 5 0 17 . 5 0 w / n a m e La s t n a m e o n s h i r t Gr a y s w e a t s h i r t Je r z e e s 5 6 2 M B i r c h 1 0 . 5 0 22 . 0 0 w / n a m e La s t n a m e o n s w e a t s h i r t Gr a y s w e a t p a n t s Je r z e e s 9 7 3 M B i r c h 1 3 . 0 0 14 . 0 0 Pa n t s , n a v y u n i f o r m 6 5 % / 3 5 % B i g B e n P T 6 2 N V 20 . 5 0 24 . 0 0 Bl u e a c a d e m y p a n t s 51 1 - 7 4 0 0 4 - 7 2 4 44 . 9 9 44 . 0 0 Bl u e a c a d e m y p a n t s - r i p p a n t s 5 1 1 - 7 4 0 0 3 - 7 2 4 44 . 0 0 44 . 0 0 Pa n t s . C a r g o / B D U Po p p e r F 5 2 0 1 32 . 5 0 22 . 2 6 Ac a d e m y s h i r t s / s Bi g B e n S T 6 2 N V 31 . 0 0 25 . 5 0 i n c l u d e s m i l i t a r y c r e a s e s Ac a d e m y s h o r t s Sp o r t T e l S T 3 1 0 12 . 0 0 13 . 0 0 Tr a f f i c t e m p l a t e 11 8 6 I 9. 5 0 9. 9 5 Gr a v i t y g r i p h a n d t r a i n e r G r a v i t y G r i p p N/ A Mo u t h p i e c e Mo u t h p i e c e NA 1. 2 5 Ba s e b a l l h a t w / e m b E P 19 . 9 5 16 . 8 0 L/ S T a c t i c a l G e a r s h i r t Un d e r A r m o r 1 2 0 1 0 8 5 2 8 . 0 0 Di s c o n t i n u e d 14 . 9 8 S a n M a r El b o w G u a r d Ha t c h N E 3 5 15 . 0 0 11 . 0 0 Kn e e G u a r d Ha t c h N E 4 5 32 . 0 0 24 . 0 0 Packet Page 277 of 312 Ap p l y H e a t L e t t e r s 9. 0 0 1 0 . 0 0 W a i s t a d j u s t m e n t (N o r m a l c h a r g e $ 1 0 . 0 0 ) 10 . 0 0 10 . 0 0 Al t e r r i s e (N o r m a l c h a r g e $ 1 0 . 5 0 ) 10 . 5 0 10 . 5 0 Sh o r t e n s l e e v e (N o r m a l c h a r g e $ 1 0 . 0 0 ) 10 . 0 0 10 . 0 0 Ta p e r s i d e s o f s h i r t 10 . 0 0 10 . 0 0 Se w o n P o l i c e P a n e l 2. 0 0 2. 0 0 Se w v e l c r o o n b a c k o f e m b l e m 2. 0 0 2. 0 0 He a t s t a m p 1 l i n e 1 s i d e 7. 5 0 6. 2 5 CL E R K S Sh i r t , l o n g s l e e v e d , m e d b l u e F l y i n g c r o s s 37 . 5 0 37 . 5 0 13 9 R 5 4 2 5 Po l o s h i r t , b l u e b e r r y Sa n m a r L 4 4 7 21 . 0 0 21 . 0 0 Po l o s h i r t 3 / 4 s l e e v e Co l b a l t B l u e L 8 0 1 22 . 5 0 2 5 . 5 0 3 x l 22 . 5 0 Po l o s h i r t s / s Co l b a l t B l u e L 8 0 0 20 . 5 0 2 3 . 5 0 3 x l 20 . 5 0 Em b r o i d e r n a m e 8. 9 0 8. 9 0 Pa n t , p o l y / w o o l / p l e a t e d 8 6 5 9 - 1 0 42 . 0 0 42 . 0 0 Pa n t , 5 1 1 - t a c t i c a l 34 0 7 I T - 0 1 9 46 . 2 0 Pa n t Ed w a r d s # 8 5 6 7 24 . 5 0 24 . 5 0 Pa n t Ed w a r d s # 8 5 6 8 31 . 0 0 31 . 0 0 Pa n t Ed w a r d s # 8 5 7 2 43 . 9 0 43 . 9 0 Pa n t , p o l y / c o t t o n / n o p l e a t s 8 5 7 6 - 0 1 0 - 1 2 26 . 9 5 26 . 9 5 Pa n t , 5 1 1 t w i l l P D U A C l a s s M o d e l # 6 4 3 0 4 51 . 9 9 51 . 9 9 Bl a c k M i c r o F l e e c e J a c k e t L 2 2 3 22 . 5 0 2 5 . 5 0 3 x l 22 . 5 0 Bl a c k / C h r o m e J a c k e t L7 9 0 s o f t s h e l l 46 . 9 9 4 9 . 9 9 3 x l 46 . 9 9 Ca r d i g a n S w e a t e r SA I 6 3 0 0 36 . 5 0 36 . 5 0 Po r t A u t h o r i t y J a c k e t l2 2 2 B l a c k 42 . 5 0 42 . 5 0 Be l t 60 5 0 - 0 1 17 . 9 0 17 . 0 0 Ne w B a l a n c e MK 7 0 6 B L 62 . 5 0 Ne w B a l a n c e W K 7 0 6 B L 62 . 5 0 Th o r o g o o d 53 4 - 6 9 0 8 10 0 . 0 0 10 0 . 0 0 Pr o p e t s h o e s Ma x i G r i p W S R 0 0 3 6 2 . 5 0 62 . 5 0 Packet Page 278 of 312 AD D I T I O N A L I T E M S F O R 2 0 1 5 C O N T R A C T Bl a u e r S u p e r s h i r t P o l y W o o l U n i f o r m s / C u r r e n t l y B e l l e v u e P o l i c e C l a s s A Ca r g o p a n t 85 6 5 76 . 0 0 Dr e s s p a n t 85 6 1 p 6 82 . 0 0 No n c a r g o p a n t 85 6 0 72 . 0 0 L/ S s h i r t 84 3 6 68 . 0 0 S/ S s h i r t 84 4 6 60 . 0 0 Bi a n c h i P a t r o l t e k L e a t h e r G e a r Do u b l e M a g 20 C 23 . 8 0 Tr i p l e M a g 29 23 . 8 0 Ke y w i t h f l a p 31 12 . 6 0 Co v e r e d k e y h o l d e r 31 C 17 . 5 0 As p H o l d e r 32 A 16 . 8 0 Ba t o n r i n g 32 P 10 . 5 0 Be l t k e e p e r s 33 15 . 4 0 Ha n d c u f f c a s e 35 P 21 . 0 0 OC h o l d e r 36 A 23 . 8 0 La r g e F L h o l d e r 37 B L 10 . 5 0 Mi n i F L h o l d e r 37 M 12 . 6 0 Co m p a c t F L h o l d e r 37 S 12 . 6 0 Sa m B r o w n B e l t B2 38 . 5 0 Packet Page 279 of 312 It e m Mo d e l Bl u m e n t h a l De p t U s i n g Cu r r e n t D i s c % I t e m Sh i r t , M e n ' s S h o r t S l e e v e d E l b e c o 7 4 0 8 Z 67 . 9 5 2 . 4 % Sh i r t , M e n ' s l o n g s l e e v e d E l b e c o 7 4 8 0 Z 89 . 9 5 2 . 1 % Sh i r t n a m e t a g ( F . M , . L a s t ) 2 2 B B w h t o r g l d l t r s 4. 9 5 2 8 . 7 % Sh i r t n a m e t a g ( F . M , . L a s t ) R e f l e c t i v e S i l v e r Se w o n e m b l e m C O G $ 2 . 5 0 N/ C 6 0 % Se w o n b a d g e C O G $ 2 . 5 0 1. 0 0 6 0 % Se w o n n a m e C O G $ 2 . 5 0 1. 0 0 Se w o n c h e v r o n s , p e r p a i r C O G $ 2 . 5 0 p r 2. 5 0 Se w o n b u t t o n s NC Se w o n y e a r s o f s e r v i c e C O G $ 2 . 5 0 1. 0 0 Re m o v e e m b l e m s , p e r p a i r 2. 5 0 Tu r t l e n e c k s h i r t s , n a v y 7 7 0 0 22 . 5 0 1 6 . 5 % Mo c k t u r t l e n e c k s h i r t s , n a v y 8 6 0 0 22 . 5 0 Sh i r t , s h o r t s l e e v e , m e d b l u e F l y i n g c r o s s 45 . 5 0 95 R 6 6 2 5 Sh i r t , s h o r t s l e e v e , w h i t e F l y i n g c r o s s 25 . 0 0 65 R 5 4 0 0 Sh i r t , l o n g s l e e v e , w h i t e F l y i n g c r o s s 33 . 0 0 2 4 . 9 % 15 W 5 4 0 0 Sh i r t , B D U , l o n g s l e e v e P r o p p e r 5 4 5 2 29 . 9 5 Packet Page 280 of 312 Pa n t s , M e n ' s w o o l n a v y S P D F e c h h e i m e r 1 3 0 5 7 O / S 1 0 8 . 0 0 6 % st y l e O / S Pa n t , M e n ' s w o o l n a v y S P D F e c h h e i m e r 1 3 5 0 7 1 0 8 . 0 0 Pa n t , M e n ' s d a c r o n w o o l S P D F e c h h e i m e r 3 2 2 2 0 N/ C Pa n t , W o m e n ' s w o o l n a v y S P D F e c h h e i m e r 1 3 5 0 7 W 1 0 8 . 0 0 Pa n t , T a c t i c a l C l a s s A , 5 . 1 1 4 4 0 6 0 T N/ A Tr a d i t i o n a l P a n t w / N i n j a P o c k e t N/ A Co n t e m p o r a r y S u m m e r W e i g h t P t N/ A Pa n t , T a c t i c a l C l a s s A , N/ A Ra i n P a n t s 48 0 5 7 - 1 9 85 . 0 0 5. 1 1 T D U P / C R i p p a n t s 7 4 0 0 3 - 0 1 9 42 . 5 0 5. 1 1 T D P R i p S h i r t l / s 72 0 0 2 - 0 1 9 42 . 5 0 Ju m p s u i t N/ A Na m e t a g Pa t c h e s Ba d g e Se r v i c e S t r i p e s Ch e v r o n s Sl e e v e l e s s S w e a t e r v e s t S A I 6 6 0 0 25 . 0 0 Pa t r o l D u t y J a c k e t JP D 0 7 N/ A 5 i n 1 J a c k e t ( B a s i c C h a r g e ) 5 . 1 1 4 8 0 1 7 - 7 2 4 23 9 . 0 0 4 . 4 % BU C P a t r o l J a c k e t ( B a s i c C h g ) P J 4 0 0 40 0 . 0 0 Ja c k e t n a m e t a g ( F . M . L a s t ) 1 3 D N D N w h t l t r s / 4. 9 5 2 8 . 7 % Re f l e c t i v e P o l i c e P a n e l X 1 4 4 0 3 8 B ( 1 0 1 7 0 ) 8. 0 0 3 3 . 0 % Packet Page 281 of 312 Ha t , L A P D s t y l e i n c r a i n c o v e r M i d w a y L A P D 44 . 9 5 an d c a p s t r a p Ca p c o v e r , b l a c k n y l o n Ne e s e 4 4 7 C C N 7. 9 5 Ba s e b a l l c a p w / e m b r o i d e r 11 . 9 5 1 4 . 3 % E m b r o i d e r " E d m o n d s P o l i c e " 10 . 0 0 1 6 . 6 % Ca p s t r a p , s n a k e s t y l e s i l v e r C a d e t 7 - 4 5 0 9. 9 5 Ca p s t r a p , s n a k e s t y l e g o l d C a d e t 7 - 4 5 1 9. 9 5 W a t c h c a p na v y / g o l d 9. 9 5 Ti e , w o m e n ' s c l i p o n Br o o m e 4 5 0 5 5 - 6 1 5. 1 4 Ti e , R e g u l a r n a v y c l i p o n B r o o m e 4 5 0 1 5 - 6 1 5. 1 4 5 3 % Ti e , L o n g n a v y c l i p o n Br o o m e 4 5 0 4 5 - 6 1 5. 1 4 5 3 % Ti e , w o m e n ' s n a v y v e l c r o B r o o m e 4 5 1 2 2 - 6 1 6. 9 5 Ti e , R e g u l a r n a v y v e l c r o B r o o m e 4 5 0 9 5 - 6 1 6. 9 5 Ti e , L o n g n a v y v e l c r o Br o o m e 4 5 1 1 5 - 6 1 6. 9 5 Ti e , L o n g n a v y v e l c r o Br o o m e 4 5 1 3 5 - 6 1 6. 9 5 Bo o t s , A c a d i a 21 2 1 0 W S P 23 9 . 9 5 Bo o t s , B l a c k h a w k I I Da n n e r 2 4 6 0 0 26 2 . 9 5 Bo o t , W o m e n ' s G o r e t e x h i - t o p R o c k y 4 0 4 4 Bo o t , G o r e t e x h i t o p l u g s o l e R o c k y 8 0 3 2 Bo o t , 5 . 1 1 A T A C 6 " 5. 1 1 1 2 0 0 2 - B L K 85 . 0 0 Bo o t , 5 . 1 1 A T A C 8 " 5. 1 1 1 2 0 0 1 - B L K 87 . 9 5 Bo o t , S t r i k e r 8 " , G o r e t e x D a n n e r 4 2 9 8 0 16 9 . 9 5 Bo o t , 8 " S t i k e r I I G T X Bo o t , A T A C 8 " w a t e r p r o o f 1 2 0 0 4 - 0 1 9 11 5 . 0 0 Bo o t , G o r e t e x c r o s s t r a i n e r D a n n e r 4 2 9 0 0 13 3 . 9 0 Bo o t , M e n ' s n y l o n / l t r / A c a d i a D a n n e r 2 1 2 1 0 23 9 . 9 5 9 . 4 % Sw a t M e t r o A i r 9 " w / s i d e z i p O S W A T Sw a t M e t r o A i r 5 " w / s i d e z i p O S W A T Sh o e , l o t o p Th o r o g o o d 8 3 4 - 6 0 5 6 1 1 5 . 0 0 Me n ' s s h o e B l a c k Ro c k y 2 0 2 5 Ba l l i s t i c V e s t w / 2 v i s i o n c a r r i e r s A l p h a E l i t e I I I A Ba l l i s t i c V e s t w / 1 v i s i o n c a r r i e r A l p h a E l i t e I I I A Ba l l i s t i c V e s t , 2 n d C h a n c e B A - 3 A 0 0 S - S M 0 1 80 0 . 0 0 Ba l l i s t i c V e s t , 2 n d C h a n c e B A - 2 0 0 0 S - S M 0 1 72 5 . 0 0 Packet Page 282 of 312 Ho l s t e r , A L S m i d r i d e L e v e l I I 6 3 6 0 - 2 1 9 12 0 . 0 0 Sa f a r i l a n d D u t y H o l s t e r L e v e l I I I Du t y B e l t B W 2 1 / 4 Ak e r B 0 1 39 . 4 2 Du t y B e l t B W 2 1 / 4 Bi a n c h i 7 9 5 0 49 . 9 5 Be l t , B l a c k B W 1 3 / 4 Ch a m b e r s 6 6 0 5 19 . 9 5 Be l t , B l a c k B W 1 1 / 2 Ch a m b e r s 6 6 0 6 19 . 9 5 Li n e r B e l t Bi a n c h i AS P H o l d e r B W c l o s e d b o t t o m A k e r 5 5 2 f o r 2 1 / 2 6 18 . 9 2 AS P H o l d e r B W c l o s e d b o t t o m B i a n c h i 7 9 1 2 - 2 4 0 2 2 o r 2 0 . 4 9 Ra d i o H o l d e r W / S w i v e l B i a n c h i Ke e p e r , B W h i d d e n s n a p B i a n c h i 7 9 0 6 14 . 9 5 Be l t K e e p e r s / D R i n g / 4 p k 16 . 9 5 1 9 % ta c t i c a l H a r n e s s 36 . 9 5 Ma c e H o l d e r M K 4 B W H S A k e r 5 7 0 20 . 8 3 Ma c e H o l d e r M K 4 B W H S B i a n c h i 7 9 0 7 23 . 3 3 Ma c e P o u c h , s m a l l Bi a n c h i Cu f f c a s e , s i n g l e B W H S A k e r 5 0 8 22 . 1 2 Cu f f c a s e , s i n g l e B W H S B i a n c h i 7 9 0 0 25 . 2 0 Cu f f c a s e , d o u b l e Bi a n c h i cu f f c a s e , d o u b l e , W / H S 44 . 9 5 Ke y h o l d e r Ak e r 5 6 4 18 . 9 5 Ke y h o l d e r Bi a n c h i 7 9 1 6 18 . 9 5 Do u b l e m a g p o u c h B W H S B i a n c h i 7 9 0 2 34 . 9 5 Do u b l e m a g p o u c h B W H S S a f 7 7 - 7 6 - 4 H S 34 . 9 5 Ha n d c u f f s Pe e r l e s s 7 0 0 N 21 . 4 1 Ex p a n d a b l e B a t o n H o l d e r B i a n c h i Ta c t i c a l B a t o n F - 2 1 B AS P 5 2 4 1 1 78 . 9 5 Ta c t i c a l B a t o n F - 2 6 AS P 5 3 6 1 1 78 . 9 5 Ge a r B a g Pr e m i e r P B G - 0 8 1 39 . 9 5 Ta c t i c a l P a t r o l B a g 49 . 9 9 Hi V i s S a f e t y V e s t Bl a u e r 3 3 9 P 47 . 9 5 Si d e b r e a k A S P B a t o n C a s e 5 2 4 3 3 - B W 44 . 9 5 Fl a s k l i g h t r i n g B W 10 . 9 0 Le t t e r s E . P . 1 / 2 " R h o d i u m B l a c k i n g t o n 17 . 9 5 Le t t e r s E . P . 1 / 2 " G o l d Bl a c k i n g t o n 17 . 9 5 Ti e b a r w / s e a l & E P R h o d i u m B l a c k i n g t o n A 3 6 7 17 . 9 5 1 2 . 4 % Ti e b a r w / s e a l & E P G o l d B l a c k i n g t o n A 3 6 7 17 . 9 5 1 2 . 4 % Packet Page 283 of 312 Se t o f b t n s w / w a s h e r s , t o g g - s i l v e r W a t e r b u r y 8. 9 5 2 5 . 1 % Se t o f b t n s w / w a s h e r s , t o g g g o l d W a t e r b u r y 8. 9 5 2 5 . 1 % Ch e v r o n s , s g t , p r Em b l e m E n t 5 4 2 5 S 2. 9 5 Ch e v r o n s , c o r p , p r Em b l e m E n t 5 4 2 5 C 2. 9 5 Se r v i c e b a r s Em b l e m E n t 5 3 9 6 0. 7 5 In s i g n i a 5 / 8 " 2 s t a r ( c o l l a r ) 11 . 9 9 - - - In s i g n i a 1 " 2 - s t a r s J1 0 1 s m o o t h 14 . 7 0 - - - Me t a l n a m e t a g s N8 s l v r o r g o l d 9. 9 5 Sh i r t , l o n g s l e e v e d , m e d b l u e F l y i n g c r o s s 51 . 2 5 An i m a l ( a n i m a l c o n t r o l ) 45 W 6 6 2 5 Pa n t , p o l y / w o o l / p l e a t e d F e c h h e i m e r 3 2 2 3 1 46 . 7 5 An i m a l Ha n e s T - s h i r t Ha n e s T 5 1 8 0 6. 0 8 Ac a d e m y La s t n a m e o n s h i r t 10 . 0 0 Gr a y s w e a t s h i r t Je r z e e s 5 6 2 M B i r c h 1 2 . 4 7 La s t n a m e o n s w e a t s h i r t 10 . 0 0 Gr a y s w e a t p a n t s Je r z e e s 9 7 3 M B i r c h 1 0 . 9 1 Pa n t s , n a v y u n i f o r m 6 5 % / 3 5 % R e d K a p 5 P 5 6 T 0 0 Bl u e a c a d e m y p a n t s 51 1 - 7 4 0 0 4 - 7 2 4 35 . 9 9 Bl u e a c a d e m y p a n t s - r i p p a n t s 5 1 1 - 7 4 0 0 3 - 7 2 4 35 . 9 9 Pa n t s . C a r g o / B D U Po p p e r F 5 2 0 1 Ac a d e m y s h i r t s / s Re d K a p 7 M 7 6 S N V 18 . 1 8 Ac a d e m y s h o r t s Je r z e e s T - 1 1 0 10 . 9 5 Tr a f f i c t e m p l a t e 11 8 6 I 7. 9 5 Gr a v i t y g r i p h a n d t r a i n e r G r a v i t y G r i p p 7. 7 9 Mo u t h p i e c e Mo u t h p i e c e 1. 2 5 Ba s e b a l l h a t w / e m b E P 21 . 9 5 L/ S T a c t i c a l G e a r s h i r t Un d e r A r m o r 24 . 9 9 El b o w G u a r d Kn e e G u a r d Ap p l y H e a t L e t t e r s W a i s t a d j u s t m e n t (N o r m a l c h a r g e $ 1 0 . 0 0 ) 6. 7 5 3 2 . 5 % Al t e r r i s e (N o r m a l c h a r g e $ 1 0 . 5 0 ) 7. 0 0 Packet Page 284 of 312 Se w o n P o l i c e P a n e l 2. 5 0 5 0 . 0 % Se w v e l c r o o n b a c k o f e m b l e m 5. 0 0 He a t s t a m p 1 l i n e 1 s i d e 6. 0 0 7 . 6 % Sh i r t , l o n g s l e e v e d , m e d b l u e F l y i n g c r o s s 5 1 . 2 5 Cl e r k s 13 9 R 5 4 2 5 Po l o s h i r t , b l u e b e r r y Sa n m a r L 4 4 7 25 . 0 0 Cl e r k s Po l o s h i r t 3 / 4 s l e e v e Co l b a l t B l u e L 8 0 1 Cl e r k s Po l o s h i r t s / s Co l b a l t B l u e L 8 0 0 Cl e r k s Em b r o i d e r n a m e 8. 0 0 Pa n t , p o l y / w o o l / p l e a t e d 8 6 5 9 - 1 0 Cl e r k s Pa n t , 5 1 1 - t a c t i c a l 34 0 7 I T - 0 1 9 Cl e r k s Pa n t Ed w a r d s # 8 5 6 7 Cl e r k s Pa n t Ed w a r d s # 8 5 6 8 Pa n t Ed w a r d s # 8 5 7 2 Cl e r k s Pa n t , 5 1 1 t w i l l P D U A C l a s s m o d e l # 6 4 3 0 4 Cl e r k s Bl a c k M i c r o F l e e c e J a c k e t L 2 2 3 Cl e r k s Bl a c k / C h r o m e J a c k e t L7 9 0 s o f t s h e l l Cl e r k s Ca r d i g a n S w e a t e r SA I 6 3 0 0 35 . 9 5 Cl e r k s Be l t 60 5 0 - 0 1 Cl e r k s Ne w B a l a n c e MK 7 0 6 B L 10 9 . 9 5 Cl e r k s Ne w B a l a n c e W K 7 0 6 B L 10 9 . 9 5 Cl e r k s Th o r o g o o d 53 4 - 6 9 0 8 12 9 . 9 5 Cl e r k s Pr o p e t s h o e s Ma x i G r i p W S R 0 0 3 Cl e r k s Packet Page 285 of 312    AM-7475     12.              City Council Meeting Meeting Date:02/10/2015 Time:20 Minutes   Submitted For:Rob English Submitted By:Robert English Department:Engineering Type: Information  Information Subject Title Presentation of an Interlocal Agreement with Mountlake Terrace for the 228th St. SW Corridor Improvement Project. Recommendation This item will be carry forward to the study session on February 24th for further discussion.    Previous Council Action None. Narrative The project will construct the missing link of roadway on 228th St from State Route (SR) 99 to 76th Ave and install two new traffic signals at the intersections of SR99 / 228th St. and 76th Ave/ 228th St.  The center median will be extended on a portion of SR99 to restrict left turns and improve safety. Sidewalk and bike lanes will be included along the new section of 228th St.    The 228th St. Corridor Improvement Project has been combined with the SR99 Illumination Phase 3 project. The Phase 3 improvements will install new street lighting on SR99 between 212th St. and 220th St. The street light poles will include lower level pedestrian lighting and banners. The project also includes the pavement reconstruction of 228th St/Lakeview Drive in the City of Mountlake Terrace. The initial scope of improvements were to provide a 2-inch grind and overlay on 228th St/Lakeview Drive.  This work was to be funded by the federal grant received for the project with the 13.5% local match paid by Mountlake Terrace.  During the final design phase, Mountlake Terrace determined it was necessary to reconstruct 228th St/Lakeview Drive in lieu of a 2-inch grind and overlay, because of the poor condition of the pavement surface and underlying base material. The increased design and construction cost beyond the original 2-inch grind and overlay will be funded by Mountlake Terrace. Attached is a draft Interlocal Agreement with Mountlake Terrace to address each agency’s costs and responsibilities during the upcoming construction phase. Staff is presenting the initial draft for discussion and anticipates that some changes will be made before the final draft is presented at the Study Session on February 24th.  Packet Page 286 of 312 Attachments Draft ILA with Mountlake Terrace Form Review Inbox Reviewed By Date Engineering (Originator)Robert English 02/06/2015 08:59 AM Public Works Phil Williams 02/06/2015 09:05 AM City Clerk Scott Passey 02/06/2015 09:07 AM Mayor Dave Earling 02/06/2015 09:55 AM Finalize for Agenda Scott Passey 02/06/2015 09:57 AM Form Started By: Robert English Started On: 02/05/2015 04:19 PM Final Approval Date: 02/06/2015  Packet Page 287 of 312 228th ST. SW CORRIDOR IMPROVEMENTS PROJECT DESIGN AND CONSTRUCTION between THE CITY OF MOUNTLAKE TERRACE and THE CITY OF EDMONDS THIS INTERLOCAL AGREEMENT (hereinafter “the Agreement”) is entered into under the authority of the Interlocal Cooperation Act, Chapter 39.34 RCW, by and between the City of Mountlake Terrace (hereinafter “MOUNTLAKE TERRACE”), a municipal corporation organized under the laws of the State of Washington, and the City of Edmonds (hereinafter “EDMONDS”), a municipal corporation organized under the laws of the State of Washington (individually “Party” and collectively “the Parties”), to provide for the design and construction of the 228th St. Corridor Improvements Project, and to define the Parties’ respective rights, obligations, costs and liabilities regarding this undertaking. RECITALS WHEREAS, Chapter 39.34 RCW authorizes two or more political subdivisions or units of local government of the State of Washington to cooperate on a basis of mutual advantage to provide for services and facilities; and WHEREAS, EDMONDS is completing the designs for their 228th Corridor Improvements to improve EDMONDS’ transportation system by constructing a new section of 228th St between State Route 99 and 76th Ave and installing new traffic signals at the intersections of 228th St and State Route 99 and 228th St and 76th Ave and other related transportation improvements; and WHEREAS, EDMONDS is completing the designs for their State Route 99 Illumination Improvements Project to enhance street lighting on State Route 99 between 220th St and 212th St; and WHEREAS, EDMONDS plans to bid both projects together in an effort to achieve more favorable bids on both projects; and WHEREAS, for the purposes of this Agreement, the 228th Corridor Improvements Project and State Route 99 Illumination Improvements Project shall be referred to collectively as the “228th CORRIDOR PROJECT”; and WHEREAS, the 228th CORRIDOR PROJECT has received federal and state grants that must be spent in a timely manner; and WHEREAS, EDMONDS has been working with a qualified design consultant to complete the plans, specifications and estimates (hereinafter “CONTRACT BID DOCUMENTS”) for the 228th CORRIDOR PROJECT; and WHEREAS, EDMONDS agreed during the preliminary designs to use grant funds to pay 86.5% of the design and construction costs for a 2-inch pavement grind and overlay of 228th St/Lakeview Drive in MOUNTLAKE TERRACE; and Packet Page 288 of 312 WHEREAS, MOUNTLAKE TERRACE agreed during the preliminary designs to reimburse EDMONDS the remaining 13.5% of design and construction costs for a 2- inch pavement grind and overlay of 228th St/Lakeview Drive; and WHEREAS, MOUNTLAKE TERRACE made the determination during final designs to reconstruct 228th St/Lakeview Drive in lieu of a 2-inch pavement grind and overlay; and WHEREAS, EDMONDS has agreed at MOUNTLAKE TERRACE’S request to include the following improvements in the 228TH CORRIDOR PROJECT and CONTRACT BID DOCUMENTS: 1. Reconstruction of 228th St/Lakeview Drive between stations 19+17 and 36+30 as depicted on drawing # PV04 – PV08 attached hereto; and 2. Construction of four (4) pedestrian curb ramps on 228th St/Lakeview Drive; and 3. Installation of one (1) 2-inch diameter conduit between stations 13+20 and 23+50 for MOUNTLAKE TERRACE’S fiber optic traffic signal coordination system as depicted on drawing IC02 attached hereto. WHEREAS, MOUNTLAKE TERRACE agrees to reimburse EDMONDS for 13.5% of the design cost to complete a 2-inch pavement grind and overlay of 228th St/Lakeview Drive; and WHEREAS, MOUNTLAKE TERRACE agrees to reimburse EDMONDS for 13.5% of the actual construction cost of a 2-inch pavement grind and overlay of 228th St./Lakeview Drive as determined by the schedule of work in Exihibit B using unit bid prices specified in the awarded construction contract for the 228TH CORRIDOR PROJECT; and WHEREAS, MOUNTLAKE TERRACE agrees to reimburse EDMONDS for the actual cost to design and reconstruct 228th St/Lakeview Drive that exceeds the actual construction cost of a 2-inch pavement grind and overlay, as determined by the schedule of work in Exhibit “B” using unit bid prices specified in the awarded construction contract for the 228TH CORRIDOR PROJECT; and WHEREAS, EDMONDS agrees to use grant funds to pay 86.5% of the design and construction cost to replace four (4) pedestrian curb ramps on 228th St/Lakeview Drive, since this work would have been required as part of a 2-inch pavement grind and overlay; and WHEREAS, MOUNTLAKE TERRACE agrees to reimburse EDMONDS the remaining 13.5% of the design and construction costs for replacing four (4) pedestrian curb ramps on 228th St/Lakeview Drive; and Packet Page 289 of 312 WHEREAS, MOUNTLAKE TERRACE agrees to reimburse EDMONDS for all design and construction costs to install one (1) 2-inch diameter conduit and pull boxes between stations 13+20 and 23+50; and WHERAS, Exhibit “A” is a preliminary summary of design fees, opinion of construction costs, estimated construction management costs and estimated allocation of costs between EDMONDS AND MOUNTLAKE TERRACE for: (1) 2-inch pavement grind and overlay of 228th St/Lakeview Drive; (2) pavement reconstruction of 228th St/Lakeview Drive; (3) construction of four pedestrian curb ramps; and (4) installation one 2-inch diameter conduit between stations 13+20 and 23+50 as depicted on drawing IC02; and WHEREAS, the construction of the 228th CORRIDOR PROJECT is scheduled to begin in spring 2015; and WHEREAS, the Parties desire to enter into this Agreement for the purpose of defining their respective rights, obligations, costs and liabilities regarding this undertaking; and WHEREAS, the City Councils of the City of Mountlake Terrace and the City of Edmonds have taken appropriate action to approve their respective City’s entry into this Agreement; NOW, THEREFORE, in consideration of the terms, conditions and covenants contained herein, the Parties agree as follows: TERMS Section 1. Purpose. The purpose of this Agreement is to allocate and define the Parties’ respective rights, obligations, costs and liabilities concerning the establishment, operation and maintenance of this undertaking. This Agreement further seeks to establish a formal arrangement under which MOUNTLAKE TERRACE will reimburse EDMONDS for: • 13.5% of the design cost to complete a 2-inch pavement grind and overlay of 228th St/Lakeview Drive; and • 13.5% of the actual construction cost of a 2-inch pavement grind and overlay, as determined by the schedule of work in Exhibit “B” using unit bid prices specified in the awarded construction contract for the 228TH CORRIDOR PROJECT; and • The actual cost to design and reconstruct 228th St/Lakeview Drive that exceeds the actual construction cost of a 2-inch pavement grind and overlay, as determined by the schedule of work in Exhibit “B” using unit bid prices specified in the awarded construction contract for the 228TH CORRIDOR PROJECT; and Packet Page 290 of 312 • 13.5% of the grant matching funds for the costs of design and construction to replace four (4) pedestrian curb ramps on 228th St/Lakeview Dr.; and • All design and construction costs to install one (1) 2-inch diameter conduit and pull boxes between stations 13+20 and 23+50, as shown on Sheet IC02 for its fiber optic traffic signal coordination system, all as part of the 228th CORRIDOR PROJECT. Section 2. Term. This Agreement shall be effective upon execution by the Parties hereto. Unless terminated in accordance with Section 3, this Agreement shall remain in effect until: (a) MOUNTLAKE TERRACE’s written acceptance of all infrastructure provided herein; or (b) December 31, 2017, which ever shall first occur. Provided however, the Parties may at their option, renew and/or amend this Agreement for a mutually agreed upon term by a writing signed by both Parties. Section 3. Termination. Prior to the award of the contract for the 228th CORRIDOR PROJECT, the Parties may mutually agree to terminate this Agreement, upon written notice by email or otherwise in which case this Agreement will be null and void. Provided however, if all bids on the 228th CORRIDOR PROJECT are greater than twenty percent (20%) over the engineer’s estimate and EDMONDS determines not to award the contract, either Party may terminate this Agreement by providing the other Party with thirty (30) days written notice of its intent to terminate. Provided further, if more than half of the bid unit prices for the pavement reconstruction, curb ramp installation, and conduit installation (Bid Schedule D of CONTRACT BID DOCUMENTS) on the 228th CORRIDOR PROJECT are greater than twenty percent (20%) over the bid unit prices in other schedules, MOUNTLAKE TERRACE may terminate this Agreement by providing EDMONDS with thirty (30) days written notice of its intent to terminate. Provided further if the contract for the 228th CORRIDOR PROJECT work is awarded, the Parties may terminate this Agreement only for material breach of this Agreement, after providing the other party with thirty (30) days written notice of its intent to terminate. Notice shall state the reason(s) for termination. The breaching Party shall have the opportunity to cure the breach and/or mitigate damages. Termination or expiration shall not alter the MOUNTLAKE TERRACE payment obligations under Section 6 for services already rendered and shall not alter the Parties’ respective obligations under Section 9 and Section 13 of this Agreement. Section 4. Obligations of MOUNTLAKE TERRACE. MOUNTLAKE TERRACE agrees to: A. Provide periodic payments to EDMONDS, pursuant to Section 6 of this Agreement, to reimburse EDMONDS for: 1. 13.5% of the design cost to complete a 2-inch pavement grind and overlay of 228th St/Lakeview Drive; and 2. 13.5% of the actual construction cost of a 2-inch pavement grind and overlay, as determined by the schedule of work in Exhibit “B” using unit bid prices specified in the awarded construction contract for the 228TH CORRIDOR PROJECT; and 3. The actual cost to design and reconstruct 228th St/Lakeview Drive that exceeds the actual construction cost of a 2-inch pavement grind and Packet Page 291 of 312 overlay, as determined by the schedule of work in Exhibit “B” using unit bid prices specified in the awarded construction contract for the 228TH CORRIDOR PROJECT; and 4. 13.5% of the grant matching funds for the costs of design and construction to replace four (4) pedestrian curb ramps on 228th St/Lakeview Dr.; and 5. All design and construction costs to install one (1) 2-inch diameter conduits and pull boxes between stations 13+20 and 23+50 as shown on Sheet IC02 for its fiber optic traffic signal coordination system, all as part of the 228th CORRIDOR PROJECT. B. Provide periodic payments to EDMONDS, pursuant to Section 6 of this Agreement, for construction management costs to administer Bid Schedule D as follows: a) at the documented hours invoiced to EDMONDS by its retained construction management company and design consultant for time spent on Bid Schedule D , plus b) the documented hours for EDMONDS’ employees at the employee’s direct hourly rate of pay and overhead rate. C. Respond promptly to information requests submitted by EDMONDS or its agents regarding the pavement reconstruction, curb ramp installation, and conduit installation. D. Review and approve plans and specifications prepared by the consultant for the pavement reconstruction, curb ramp installation, and conduit installation (Bid Schedule D of CONTRACT BID DOCUMENTS). Approval shall not be unreasonably withheld. E. Provide (apply for and obtain) MOUNTLAKE TERRACE permits for any work to be performed within MOUNTLAKE TERRACE at no cost to EDMONDS. Provided, that nothing herein shall be construed as waiving or otherwise abridging MOUNTLAKE TERRACE’S regulatory authority for work within MOUNTLAKE TERRACE. No time restrictions shall be placed on such permits that would restrict EDMONDS’ Contractor from working during the days and hours allowed in the CONTRACT BID DOCUMENTS. F. Provide timely review of designs prepared by EDMONDS’ consultant, and complete final design approval by the timelines established by EDMONDS to meet its construction bidding schedule. G. Obtain Bid Award Concurrence from the MOUNTLAKE TERRACE City Council in accordance with Section 7 within thirty (30) days of the bid opening. MOUNTLAKE TERRACE may withhold Bid Award Concurrence if the low bid for the 228th CORRIDOR PROJECT is greater Packet Page 292 of 312 than twenty percent (20%) over the engineer’s estimate or if more than half of the bid unit prices for the pavement reconstruction, curb ramp installation, and conduit installation (Bid Schedule D of CONTRACT BID DOCUMENTS) on the 228th CORRIDOR PROJECT are greater than twenty percent (20%) over the bid unit prices in other schedules. If the MOUNTLAKE TERRACE City Council does not provide Bid Award Concurrence within the 30-day time period, EDMONDS will eliminate this MOUNTLAKE TERRACE work from the contract and MOUNTLAKE TERRACE will be responsible for all costs to construct the three items outlined in paragraph 4A, above in a separate contract administered by MOUNTLAKE TERRACE. H. MOUNTLAKE TERRACE shall attend EDMONDS’ weekly construction coordination meetings. I. MOUNTLAKE TERRACE will coordinate all corrections, concerns, issues, changes and contractor correspondence through the EDMONDS Project Manager. Section 5. Obligations of EDMONDS. EDMONDS agrees to: A. Assume responsibility for constructing the 228th CORRIDOR PROJECT in accordance with the design plans approved by MOUNTLAKE TERRACE (including but not limited to securing all necessary consultants, contractors, and subcontractors). All construction contracts shall be procured through a formal competitive bidding process consistent with applicable State law. EDMONDS shall be solely and exclusively responsible for ensuring the compliance of said bidding process with all applicable procedures required under federal, state and local regulations. B. Submit to MOUNTLAKE TERRACE written invoices for payment in accordance with Section 6. Include copies of invoices from consultants and contractors, clearly indicating the MOUNTLAKE TERRACE portion of the invoices. Provide MOUNTLAKE TERRACE a brief written progress report with each invoice, describing in reasonable detail all work performed regarding pavement reconstruction, curb ramp installation, and conduit installation during the period covered by the invoice. C. Assume lead agency status and sole responsibility for applying for and obtaining any and all regulatory permits necessary to complete all work within MOUNTLAKE TERRACE for the 228th CORRIDOR PROJECT. D. Provide MOUNTLAKE TERRACE personnel reasonable access to the 228th CORRIDOR PROJECT’S construction area for purposes of monitoring the progress of work performed. Packet Page 293 of 312 E. Respond promptly to information requests submitted by MOUNTLAKE TERRACE or its agents regarding the 228th CORRIDOR PROJECT. F. Provide Construction Management and Inspection services for Bid Schedule D of CONTRACT BID DOCUMENTS (pavement reconstruction, curb ramp installation, and conduit installation), including inspection, materials submittal approvals, daily reports, and paynotes to accomplish construction. EDMONDS will provide MOUNTLAKE TERRACE with copies of inspection reports/logs, quantity takeoff sheets, paynotes, force account tracking, independent estimates and project correspondence when work has been completed on MOUNTLAKE TERRACE portions of the 228th CORRIDOR PROJECT. Section 6. Payment Schedule. The Parties agree to the following billing and payment schedule: A. For each outside construction contract expense incurred by EDMONDS regarding the 228th CORRIDOR PROJECT as outlined in Section 4, above, EDMONDS shall, within sixty (60) days of the date EDMONDS is billed or invoiced for any undisputed charge by its consultants, contractors and subcontractors, submit an invoice to MOUNTLAKE TERRACE for its share of said expense for Bid Schedule D of CONTRACT BID DOCUMENTS (pavement reconstruction, curb ramp installation, and conduit installation). Said invoice shall contain a reasonably detailed explanation of the methodology utilized by EDMONDS in calculating the MOUNTLAKE TERRACE share of each expense. Construction contract(s) shall provide for separate bid schedules, or other means to clearly identify the MOUNTLAKE TERRACE portion of the project costs. Design contract(s) shall identify all tasks and work performed associated with MOUNTLAKE TERRACE portion of the design on invoices, fee estimates and project status reports. Time is of the essence and EDMONDS shall not unreasonably delay submittal of invoices for the MOUNTLAKE TERRACE share of expenses. B. Within thirty (30) days of receiving any invoice pursuant to subsection 6.A, MOUNTLAKE TERRACE shall tender payment to EDMONDS in the form of a check, money order or other certified funds for the invoiced amount; PROVIDED THAT: (1) The total payment by MOUNTLAKE TERRACE for invoices submitted by EDMONDS shall not exceed: • 13.5% of the design cost to complete a 2-inch pavement grind and overlay of 228th St/Lakeview Drive; and • 13.5% of the actual construction cost of a 2-inch pavement grind and overlay, as determined by the schedule of work Packet Page 294 of 312 in Exhibit “B” using unit bid prices specified in the awarded construction contract for the 228TH CORRIDOR PROJECT; and • The actual cost to design and reconstruct 228th St/Lakeview Drive that exceeds the actual construction cost of a 2-inch pavement grind and overlay, as determined by the schedule of work in Exhibit “B” using unit bid prices specified in the awarded construction contract for the 228TH CORRIDOR PROJECT; and • 13.5% of the grant matching funds for the costs of design and construction to replace four (4) pedestrian curb ramps on 228th St/Lakeview Dr.; and • The actual construction costs to install one (1) 2-inch diameter conduit and pull boxes between stations 13+20 and 23+50 , as shown on Sheet IC02 for its fiber optic traffic signal coordination system, all as part of the 228TH CORRIDOR PROJECT; and • The documented hours invoiced to EDMONDS by its retained construction management company and design consultant for time spent on Bid Schedule D , plus b) the documented hours for EDMONDS’ employees at the employee’s direct hourly rate of pay and overhead rate; (2) EDMONDS failure to submit an expense invoice in a timely manner shall extend MOUNTLAKE TERRACE’s payment obligation as reasonably necessary. (3) EDMONDS shall timely notify MOUNTLAKE TERRACE in writing if expenditures necessary to complete design, installation, and construction management of Bid Schedule D of CONTRACT BID DOCUMENTS (pavement reconstruction, curb ramp installation, and conduit installation) are expected to exceed these amounts. Section 7. Construction Bid Acceptance. Upon construction bid opening, EDMONDS shall obtain concurrence from MOUNTLAKE TERRACE prior to award of the pavement reconstruction, curb ramp installation, and conduit installation work as provided in Section 4, herein. Within 7 days after bid opening and prior to acceptance of the bid and award of a contract, EDMONDS shall provide written notice to MOUNTLAKE TERRACE of its financial responsibility. Concurrence with bid award by EDMONDS shall take place as provided in Section 4.G herein. Section 8. Construction Change Orders. The following change order authorizations are hereby established for schedules and items of work to be paid by EDMONDS: Packet Page 295 of 312 A. The EDMONDS Public Works Director / City Engineer, with the prior written concurrence of the MOUNTLAKE TERRACE City Engineer, may authorize change order requests up to $40,000 per change order; PROVIDED that such change order does not place the total amount of change orders over the management reserve, in which case, the EDMONDS City Council must approve the change order. B. Each change order request exceeding $40,000 shall be reviewed by both EDMONDS (by its Mayor or City Council, as directed by its internal policies) and MOUNTLAKE TERRACE (by its City Council) for approval or denial, and any such approval shall require the concurrence of both Parties. C. MOUNTLAKE TERRACE approved change order(s) involving a change in scope shall have the scope change authorized in writing by MOUNTLAKE TERRACE, and shall be subject to and increase or decrease of the EDMONDS construction management fees set forth in Section 4.B. Section 9. Construction Claims and Disputes. If construction claims for additional payment are made by the construction contractor and/or disputes result regarding work in Bid Schedule D, EDMONDS shall endeavor to resolve the claims/disputes. Provided however, EDMONDS shall obtain MOUNTLAKE TERRACE approval prior to resolving the claims/disputes. MOUNTLAKE TERRACE will participate in resolving claims/disputes as necessary. Financial responsibility for approved construction claims/disputes arising from Bid Schedule D of CONTRACT BID DOCUMENTS (pavement reconstruction, curb ramp installation, and conduit installation) shall be the sole responsibility of MOUNTLAKE TERRACE. If such claims exceed the sums set forth in Section 6, MOUNTLAKE TERRACE shall authorize in writing additional sums to cover the cost of the claim/dispute. Section 10. Construction Project Acceptance. Upon satisfactory completion of Bid Schedule D of CONTRACT BID DOCUMENTS (pavement reconstruction, curb ramp installation, and conduit installation), resolution of all claims for additional payment, completion of all contract closeout documents and agreement between EDMONDS and the contractor, EDMONDS shall recommend final acceptance to the MOUNTLAKE TERRACE City Engineer. Approval by the MOUNTLAKE TERRACE City Council shall be the responsibility of MOUNTLAKE TERRACE staff. Section 11. Ownership and Disposition of Property. Bid Schedule D of CONTRACT BID DOCUMENTS (pavement reconstruction, curb ramp installation, and conduit installation) and all appurtenances thereof, constructed pursuant to this Agreement shall become and remain the exclusive property of MOUNTLAKE TERRACE upon completion. Packet Page 296 of 312 Section 12. Administration; No Separate Entity Created. Pursuant to RCW 39.34.030, the parties hereby appoint a Contract Administrator who will be responsible for administering this Agreement, and at the direction of the parties, this Contract Administrator shall take such action as is necessary to ensure that this Agreement is implemented in accordance with its terms. The Parties hereby designate the EDMONDS Public Works Director, or his designee, as the Contract Administrator for this Agreement. No separate legal entity is formed by this Agreement. Section 13. Release, Indemnify, Defend and Hold Harmless Agreement. Each Party to this Agreement shall be responsible for its own negligent and/or wrongful acts or omissions, and those of its own agents, employees, representatives or subcontractors, to the fullest extent required by the laws of the State of Washington. Each Party agrees to protect, indemnify and hold the other Party harmless from and against any and all such liability for injury or damage to the other Party or the other Party’s property, and also from and against all claims, demands, and causes of action of every kind and character arising directly or indirectly, or in any way incident to, in connection with, or arising out of work performed under the terms hereof, caused by its own fault or that of its agents, employees, representatives or subcontractors. Each Party specifically promises to indemnify the other Party against claims or suits brought under Title 51 RCW by its own employees, contractors, or subcontractors, and waives any immunity that each Party may have under that title with respect to, but only to, the limited extent necessary to indemnify the other Party. This waiver has been mutually negotiated by the Parties. Each Party shall also indemnify and hold the other party harmless from any wage, overtime or benefit claim of any of the first Party's employees, agents, representatives, contractors or subcontractors performing services under this Agreement. Each Party further agrees to fully indemnify the other Party from and against any and all costs of defending any such claim or demand to the end that the other Party is held harmless therefrom. Section 14. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Washington. Any action arising out of this Agreement shall be brought in Snohomish County Superior Court. Section 15. No Employment Relationship Created. The Parties agree that nothing in this Agreement shall be construed to create an employment relationship between MOUNTLAKE TERRACE and any employee, agent, representative or contractor of EDMONDS, or between EDMONDS and any employee, agent, representative or contractor of MOUNTLAKE TERRACE. Section 16. Notices. Notices to MOUNTLAKE TERRACE shall be sent to the following address: City of Mountlake Terrace City Engineer/Engineering Services Director 6100 219th S. SW, Suite 200 Packet Page 297 of 312 Mountlake Terrace, WA 98043 Notices to EDMONDS shall be sent to the following address: City of Edmonds City Engineer 121 Fifth Avenue N. Edmonds, WA 98020 Section 17. Duty to File Agreement With County Auditor. Pursuant to RCW 39.34.040, after this Agreement is executed by both Parties, EDMONDS shall either file this Agreement with the Snohomish County Auditor or make it available on the EDMONDS website. Section 18. Integration. This document constitutes the entire embodiment of the Agreement between the Parties, and, unless modified in writing by an amendment to this Interlocal Agreement signed by the Parties hereto, shall be implemented as described above. Section 19. Non-Waiver. Waiver by any Party of any of the provisions contained within this Agreement, including but not limited to any performance deadline, shall not be construed as a waiver of any other provisions. CITY OF MOUNTLAKE TERRACE CITY OF EDMONDS By: By: Arlene Fisher, City Manager Dave Earling, Mayor Date: Date: ATTEST: ATTEST: ________________________ ________________________ Virginia Olsen, City Clerk Scott Passey, City Clerk APPROVED AS TO FORM: APPROVED AS TO FORM: Packet Page 298 of 312 ________________________ _________________________ Gregory G. Schrag, City Attorney Office of the City Attorney Packet Page 299 of 312 EXHIBIT A (Sheet 1 of 1) No. Description Design fees Total (1)+(2)+(3) % Share % Share (1)(4)(6)(8) 1 2-inch pavement grind and overlay of 228th St/Lakeview Drive $26,000.00 2 $250,770.00 3 $30,092.40 $306,862.40 5 $265,435.98 86.5 5 $41,426.42 13.5 2 Reconstruction of 228th St/Lake View Drive $738.00 1,4 $454,300.00 3 $54,516.00 $509,554.00 5 0.0 5 $509,554.00 100.0 3 4 pedestrian curb ramps $2,500.00 1 $16,550.00 3 $1,986.00 $21,036.00 5 $18,196.14 86.5 5 $2,839.86 13.5 4 1,000 feet of 2-inch conduit $431.00 1 $11,300.00 3 $1,356.00 $13,087.00 5 0.0 5 $13,087.00 100.0 Totals: $29,669.00 $732,920.00 $87,950.40 $850,539.40 $283,632.12 $566,907.28 Notes 1. Construction cost will be determined from the contract award. 2. Cost Estimate Prepared by Perteet 3. 12% Estimate for City Construction Management Costs. Final allocation of costs will be in accordance with terms provided herein with this Agreement. 5. Final allocation of costs between each agency will be in accordance with the terms provided herein with this Agreement. Preliminary Summary of Construction Costs 4. Construction cost estimate for the pavement reconstruction represents the total cost to reconstruct Lakeview Drive/228th St less the cost to complete a 2-inch pavement grind and overlay. Opinion of Construction Costs MLT (2)(7) Construction Mgmt Costs (12%) (3) Edmonds (5) Packet Page 300 of 312 Item Unit Quantity Unit Price Cost Flaggers HR 250 $0 Saw Cutting Existing Pavement LF 220 $5 $1,100 HMA Cl. 1/2 In. PG 64-22 TON 910 $0 Planing Bituminous Pavement - 2 In.SY 7300 $0 Adjust Catch Basin EA 18 $0 Inlet Protection EA 16 $0 Erosion/Water Pollution Control EST 1 $0 Raised Pavement Marker Type 2 HUND 1 $0 Adjust Monument Case and Cover EA 2 $0 Paint Line LF 2270 $0 Plastic Wide Lane Line LF 390 $0 Plastic Crosswalk Line SF 580 $0 Plastic Stop Line LF 30 $0 Plastic Traffic Arrow EA 4 $0 Temporary Pavement Marking LF 5400 $0 Adjust Gas Valve Box EA 3 $0 Adjust Water Valve Box EA 20 $0 Adjust Sanitary Sewer Manhole EA 2 $0 SUBTOTAL =$1,100 Item Unit Quantity % of Subtotal Cost Roadway Surveying LS 1 Mobilization LS 1 Project Temporary Traffic Control LS 1 Traffic Control Supervisor LS 1 Pedestrian Traffic Control LS 1 Inflation Adjustment (3%)$100 Management Reserve (5%)$200 OVERLAY TOTAL =$1,400 Exhibit "B" 2-inch Grind & Overlay 228th St/Lakeview Drive Schedule of Work Packet Page 301 of 312    AM-7467     13.              City Council Meeting Meeting Date:02/10/2015 Time:15 Minutes   Submitted For:Rob English Submitted By:Megan Luttrell Department:Engineering Type: Information  Information Subject Title Public Works Quarterly Project Report Recommendation For information only. Previous Council Action None.  Narrative Attached is the quarterly report for capital improvement projects managed by the Public Works Department. The fourth quarter report for 2014 contains information on the estimated project budget, 2014 budget, change orders, funding sources and schedule. Attachments Public Works Quarterly Project Report Form Review Inbox Reviewed By Date Engineering (Originator)Megan Luttrell 02/05/2015 12:23 PM Public Works Phil Williams 02/05/2015 12:29 PM City Clerk Scott Passey 02/05/2015 03:57 PM Mayor Dave Earling 02/05/2015 04:06 PM Finalize for Agenda Scott Passey 02/06/2015 08:03 AM Form Started By: Megan Luttrell Started On: 02/04/2015 11:45 AM Final Approval Date: 02/06/2015  Packet Page 302 of 312 Capital Improvement Program Status City or Total 2014 Change City Complete **Active Project Description Type Consultant Budget Budget Orders Grants Fund(s) #Advertise Const Phase Comments Fishing Pier Rehab Design/Permit Facilities Consultant $190,000 Budget amendment to follow at first opportunity in 2015. _WDFW Contract #132156 016 Mar-16 Oct-15 Des ●Design and permitting funded through WDFW grant. ●Additional grant funding will be sought for construction project. ●Design contract was fully signed in late October with Berger ABAM. ●BergerABAM has produced 30% drawings as of late December. ●Schedule of project was updated in late December, making the decision to delay the beginning of construction until 2016 to be able to work under favorable weather conditions for the maximum time. ESCO III Facilities Ameresco $758,683 $758,683 $60,000 _016 _Mar-15 Con ●ESCO Contract through WA DES process. ●Edmonds Senior Center rooftop HVAC units have been replaced. ●The connection to Meadowdale's heating system is the one outstanding item to complete. ●Another $1100 of utility rebates was received, with around $15,000 still remaining to be obtained. Public Works Yard Water Quality Upgrade (Waste Facility Upgrade) Facilities Consultant $115,000 $154,000 _$170,000 422 Jul-14 Sep-14 Cl-Out ● Construction completed October 2014 (75% grant funded). ● Grant expired 12/31/2014. ● Project close-out 1Q 2015. City Park Spray Park Parks Site Workshop $1,585,000 $1,126,000 _$500,000 125, 132 Feb-15 Jun-15 Des ●Playground Structures installed 6/14. ●Spray Park Design at 90%. Awaiting final design and specifications from consultant. Dayton Street Plaza Parks Barker $168,000 $168,000 __132 TBD TBD On-Hold ●Coordinating with Parks Dept to possibly go to construction in 2015 ●$168,000 - 2013 Budget Amend (Feb) 2015 Sanitary Sewer Replacement Sewer MSA $2,121,800 $125,000 __423 Apr-15 Dec-15 Des ●Survey Completed 10/14. ●Design at 60%; plans under review by City. ●Property owners contacted about obtaining utility easements for existing sewerlines 12/4. ●SEPA application submitted 12/14. Annual Sewer Replacement Project Phase 1 Sewer MSA $2,105,941 $1,471,023 __423 Mar-14 Sep-14 Cl-out ●$417,000 - 2014 Budget Amendment (Mar) ●Shoreline Constr awarded $1,224,607.49 contract in April 2014. ●Substantial Completion granted August 15, 2014 ●Change Order #1 written for $40,333.84 July 3, 2014 ●Closeout in progress. Annual Sewer Replacement Project Phase 2 Sewer CHS $3,284,488 $2,349,589 __423 May-14 Dec-14 Con ●$838,000 - 2014 Budget Amendment (Mar) ●Shoreline Constr awarded $1,778,837 contract in May 2014. ●Construction in progress, 98% Complete. ●Change order #1 issued for -$4050 (Aug 2014) ●Change Orders #2 for $75,930.02 and #3 for $46,267.81 in review by contractor. Total expected to be > $100,000. Council notified per Purchasing Policy. Citywide Sewer CIPP Sewer City $529,600 $529,600 __423 Jun-15 Dec-15 Pre ●Site selection began 9/14. With design to commence once sites are finalized. Finalization of sites expected by Jan 2015. ●-$500,000 -2014 Budget Amendment (Mar) ScheduleProject Budget Packet Page 303 of 312 Capital Improvement Program Status City or Total 2014 Change City Complete **Active Project Description Type Consultant Budget Budget Orders Grants Fund(s) #Advertise Const Phase Comments ScheduleProject Budget Lift Stations 3, 4, 5, 9, 10, 11, 12, 14 & 15 Sewer CHS $4,602,121 $245,000 $75,095 _423 Aug-12 Oct-13 Cl-Out ● Construction 100% Complete. ●Change Order No.1, $47,087.35 ●Change Order No.2, $17,258.72 ●Change Order No.3, $18,641.10 ●Change Order No.4, $21,190.78 ●Change Order No.5, ($29,086.49) ●Substantial Completion 10/25/13 ●Physical Completion 7/25/14 ●Final Acceptance 10/21/14 238th St Drainage to Hickman Park - Phase I Storm City $373,160 $374,160 $2,732 _422 Aug-14 Dec-14 Con ● Project broken into two phases due to grant for sidewalks. ● Phase I constructed in 2014 (Alley infiltration system upgrade south of 107th PL W. and 102nd AVE W. infiltration system upgrade - behind church). ● Phase I, Change Order No. 1: $2731.82 (1/9/15) ● Phase II stormwater improvements on 238th St SW with sidewalk in 2015 (connect to Hickman Park infiltration). ● $283,870 - 2014 Budget Amendment (3/14) City-Wide Drainage Improv.Storm CHS L. Berger $236,000 $236,000 __422 Aug-14 Dec-14 Con ● Substantial completion reached November 19, 2014 ● Project close-out 1Q2015. Dayton St & SR 104 Drainage Improvement Study Storm L. Berger $90,878 $365,000 __422 __Study ● Consultant has begun pre-design work for Dayton Street Pump Station ● Draft Pre-Design Report schedueld for 2nd Quarter 2015 Dayton St. Storm Improvements (6th to 8th) Storm TBD TBD $365,000 __422 __On-Hold ● Project to start up again in 2015 Lake Ballinger Associated Projects Storm City $55,000 $55,000 __422 __Study ● McAleer Creek culvert replacement complete. Project managed by City of Mountlake Terrace. ● Edmonds continues to work with the Lake Ballinger/McAleer Creek Watershed Forum on technical, lobbying, and administrative issues. ● City of Edmonds Web-based lake level indicator continues to provide residents with useful information. Northstream Pipe Abandonment Storm CHS $55,000 $55,000 __422 __Z-on Hold ● Evaluation of options to abandon old 24 and 30 inch storm line underway. ● Construction originally planned for 2015 Perrinville Creek Flow Reduction Retrofit Study Storm Tetra Tech $388,772 $150,000 _$188,722 422 __Study ● Project ongoing with Consultant ● $188,772 grant secured from Department of Ecology to supplement budget. ● $128,037- 2014 Budget Amendment (March) ● Council update given 6/21/14 ● Public Meeting on Draft Plan held August 14, 2014 ● Final Council Report 12/2/14 ● Ecology Comments being addressed ● Final Reports to be completed by 2/28/2015 Perrinville High Flow Management Projects Storm Tetra Tech $50,000 $150,000 _$50,000 422 __Des ● Grant received for Ecology for Low Impact Development Retrofits ($50,000) to cover the cost of a 90% of design. ● 90% Design completed and approved by Ecology Storm Drainage Improvements - 88th & 194th Storm CHS $159,000 $165,000 _422 Mar-15 _Des ● Design underway to line an old 8 inch storm line ● Construction now scheduled for 2015 SW Edmonds #4-106/105 Storm City $85,000 $85,000 _$70,000 422 Mar-15 _Des ● Grant received for Ecology for Low Impact Development Retrofits ($70,000) to cover 82% of design costs. ● 2014 Budget Amendment (March) ● 90% Design completed and approved by Ecology Packet Page 304 of 312 Capital Improvement Program Status City or Total 2014 Change City Complete **Active Project Description Type Consultant Budget Budget Orders Grants Fund(s) #Advertise Const Phase Comments ScheduleProject Budget Video Assessment of Stormwater Lines Storm City $0 $250,000 __422 __Study ● City purchased new camera system to improve video assessment capability. ● Training on new system 1 Q 2015. Willow Creek Daylight/Edmonds Marsh Final Feasibility Study Storm Shannon & Wilson $150,000 $500,000 _$357,331 422 __Study ● Project schedule adjusted to merge with Marina Beach Park Master Planning Process. ● Estimated completion now early 3rd Q 2015. ● Council presentaion scheduled for January 2015 ● Addtional $157,331 grant secured from RCO-SRF Board for prelimnary design and permitting. 15th St. SW Walkway Street KPG $374,000 $354,000 _$374,000 112 Aug-14 Dec-14 Con ● Construction Complete ● Education program at Sherwood Elementary is ongoing 2014 Pavement Preservation Program Street Snoh. County $1,200,000 $1,200,000 __112 Mar-14 Dec-14 Con ● City signed an agreement with Snohomish County to complete pavement preservation (short overlay stretches, long overlay stretches, and chip seal), as part of their 2014 Snohomish County Preservation Program. ● $260,000 out of the $1,200,000 was budgeted for a local match for a Federal grant (programmed for 2015). These funds are no longer available and will be paid for out of the 2015 Preservation Program 228th St. SW Corridor Safety Improvements Street Perteet $7,948,624 $2,710,000 _$6,491,000 112 421 422 423 Feb-15 Jun-16 Des / ROW ● Design 99% complete. ● Right of Way acquisition (9 out of 10 property owners have signed the ROW documents) and the remaining property owner has agreed to Possession & Use (on-going negotiations / possible mediation). ● A TIB grant in the amount of $1.7M was secured for additional construction funding (for total of $5,234,000 in construction funding when combined with HSIP grant secured in '12). 236th St. SW Walkway Street KPG $494,000 $474,000 _$494,000 112 Jun -15 Oct-15 Des ● Design 5% complete. ● The project proposes the addition of sidewalk on 236th St. SW from SR-104 to Madrona Elementary, on one side of the t t 238th St. SW Walkway Street KPG $1,391,000 $1,364,600 _$591,000 112 Jun -15 Dec-15 Des ● Design 5% complete. ● The project proposes the addition of sidewalk on 238th St. SW from 100th Ave. W to 104th Ave. W, on one side of the street. 5th Avenue Overlay Project Street Otak, Inc.$1,002,532 $14,800 _$551,000 112, 422 & 421 Jul-13 Feb-14 Cl-Out ●Contract in Closeout 76th Ave. W @ 212th St. SW Intersection Improvements Street Dave Evans $6,106,753 $657,000 _$4,140,397 112 421 422 423 Dec-15 Dec-16 Des / ROW ● Design 65% complete. ● Grant funds are funding the design and ROW phases. ● A $3,200,000 Federal construction grant is scheduled to be awarded by December '14. ADA curb ramp upgrades along 3rd Ave. S Street City $129,000 $75,000 _$90,000 112 Oct - 14 Jan-15 Con ● Construction 15% complete ● Contractor expected to wrap up January, 2015 Citywide Pedestrian Countdown Display & Cabinet Upgrades Street Harris / DKS $325,332 $266,000 $43,967 $300,000 111 112 Oct-13 Oct-14 Completed ● Construction 100% complete. ● CO #1: $14,616 ● CO #2: ($6,716) ● CO #3: $36,067 Packet Page 305 of 312 Capital Improvement Program Status City or Total 2014 Change City Complete **Active Project Description Type Consultant Budget Budget Orders Grants Fund(s) #Advertise Const Phase Comments ScheduleProject Budget Five Corners Roundabout (212th St. SW @ 84th Av. W) Street Dave Evans $3,809,386 $2,894,880 $27,811 $2,399,500 112 421 422 Mar-14 Dec-14 Cl-Out ● Construction 99.5% complete. ● Substantial completion was achieved in October '14. ● 1-Yr plant establishment started Nov. '14 ● CO #1: No Cost Change Order ● CO #2: $1,740 ● CO #3: No Cost Change Order ● CO #4: ($9,240.00) ● CO #5: $3,288.90 ● CO #6: No Cost Change Order ● CO #7: $6,186 ● CO #8: $4,743 ● CO #9: $16,353 ● CO #10: ($3,400) ● CO #11: $7,877 ● CO #12: $263 Main St. @ 9th Ave.(interim solution) Street City $10,000 $10,000 __112 __On-Hold ● On-Hold Residential Neighborhood Traffic Calming Street City $10,000 $10,000 __112 __Study ● The 2015 budget for this program is $20,000. ● A press release will be submitted in February '15, requesting residents to submit stretches with speeding issues. The Traffic Calming Program process (as identified in the 2009 Transportation Plan) will be followed (such as minimum of 8 resident signatures will be required in submittal / prior to detailed evaluation of stretch). SR-104 Complete Street Corridor Analysis Street Fehr & Peers $150,000 $75,000 __112 __Study ● Study 30% complete. ● The project began in September 2014 and is scheduled to be completed in June 2015. State Route (SR) 99 International District Enhancements (Phase 3) Street KPG $684,000 $592,000 _$684,000 112 Feb-15 Jun-16 Des ● Design 99% complete. ● Project to be advertised in February '15 and construction to begin in April '15. ● The construction of this project is being combined with the 228th St. SW Corridor Improvement project (both projects are within proximity of each other, have a similar construction timeline, and same grant funding source). ● A grant for $684,000 was secured for this project ($591,000 of which is allocated to the construction phase). Sunset Walkway Improvements Street MacLeod Reckord $1,878,000 $221,000 _$249,000 112 TBD TBD On-Hold ● Design 15% complete. ● The City has striped the proposed improvements for a trial period so citizens can get a general idea of how the project would look once completed. Once the trial is completed, surveys will be distributed and an Open House will be held to decide whether to complete the design or cancel the project The design is on-hold until that time. Transportation Plan Update Street Fehr & Peers $180,000 $90,000 __112 __Study ● Plan 30% complete ● The project began in September '14 and is scheduled to be completed in June '15. Packet Page 306 of 312 Capital Improvement Program Status City or Total 2014 Change City Complete **Active Project Description Type Consultant Budget Budget Orders Grants Fund(s) #Advertise Const Phase Comments ScheduleProject Budget 2013 Replacement Program - Waterline Water City $1,577,720 $3,000 $3,509 _421 Mar-13 Nov-13 Cl-out ●Construction at 100%. ●D&G Backhoe awarded $1,304,457.70 contract in April 2013. ●Substantial Completion Awarded Oct 31, 2013 for 2013 WL Replacement. ●Conflict with Sewer for 224th & 76th Project required replacement of watermain to allow for sewerline replacement. This project bid separately from watermains since that project is already in progress. 224th Replacement complete. ●224th Project awarded Aug 2013 to Earthwork Enterprises. Constr completed Oct 2013. ●1 change order for $3,509.10 issued. ●-$100,000 - 2013 Budget Amendment (Aug) ● $50,000 - 2014 Budget Amendment (Mar) ● Final Acceptance by Council Oct 21, 2014. ● Closeout in Progress. 2014 Replacement Program - Waterline Water MSA $1,905,784 $1,709,639 $41,833.11 _421 May-14 Feb-15 Con ●Earthworks Enterprises awarded $1,474,496.90 contract in 6/14. ●$197,000 - 2014 Budget Amendment (6/14) ●Construction began 8/4/14. ●Change Order No. 1: $18,178.66 (11/14/14) ●Change Order No. 2: $23,654.45 (12/16/14) ●Construction 70% complete. Contractor on schedule. 2015 Waterline Replacement Water Stantec $2,792,692 $95,181 __421 Apr-15 Dec-15 Des ●$320,000 - 2014 Budget Amendment (Jun) ●Design in progress. 76th Ave W Waterline Extension with Lynnwood Water Roth Hill $940,300 $3,000 $48,153 _421 Oct-12 Aug-14 Cl-out ●Change order for unsuitable soils processed Sept 2013 for $48,153. ●Emergency Declared in Nov 2013 to complete project because Lynnwood dismissed contractor due to various issues. ●Earthwork Enterprises hired to complete waterline work. Work completed by December 20, 2013. ●Lakeside Industries hired to place temporary pavement along road alignment. Work Completed by December 20, 2013. ●COE & Lynnwood discussing final paving for roadway currently scheduled for summer 2014. ●$175,000-2013 Budget Amendment (Feb). ●$100,000 - 2013 Budget Amendment (Aug) ●$140,300 - 2013 Budget Amendment (Nov) ●$26,294 - 2014 Budget Amendment (Mar) ●Lynnwood settled claim with Santana on 5/14. ●$60,000 - 2014 Budget Amendment (June) ●Project complete Aug. 2014 ●Closeout in ProgressCoating Project WWTP TBD $636,000 $20,000 __423 __Pre ●This project will begin in 2014. Clarifier #3 was first to be coated. During the yearly PM it was discovered that the topping has failed. This may have to repaired before coating work can continue. Control system upgrade WWTP Parametrix $1,700,000 $434,728 __423 Jan-14 Dec-18 Con ●Reliability -replace aging control system equipment and provide for redundancy ●The project is progressing on schedule and within budget. System Platform and the new historian have been installed and we are beginning the PLC 100 replacement. Facility repair and improvement project WWTP Tetra Tech $350,000 $350,000 $20,185 _423 Feb-14 Sep-14 Con ●Reliability - repair men's locker room, floor damage and reallocate space based on need. ●The work is progressing on schedule however there was considerably more work and cost to demoslish the concrete floor than anticipated. There will be 2 change orders submitted in the coming week. The additional work was tracked on a force account. Packet Page 307 of 312 Capital Improvement Program Status City or Total 2014 Change City Complete **Active Project Description Type Consultant Budget Budget Orders Grants Fund(s) #Advertise Const Phase Comments ScheduleProject Budget Incinerator regulatory compliance & improvement WWTP CH2M Hill & Coal Creek Environmental $1,040,000 $55,000 __423 _Dec-14 Con ●Regulatory - Design is complete and installation of the mercury removal modules will occur in 2014. ● The Title 5 Air Operating permit was accepted by PSCA. This brings us into compliance with new regulations. Offsite Telemetry WWTP City $0 $22,000 __423 _Mar-15 _●Staff are installing solar panels to power the 5 offsite metering stations and installing local PLC 's to totalize, save and send data across radio vs. phone lines.. This is an energy, and costs savings measure and will ensure the quality of our data. Pagoda Repairs WWTP City $32,000 $32,000 __423 _Dec-14 _●We are in the process of getting bids for this repair work at the Pagoda. The external tiles are damaged wear and vandalism and may pose a significant risk to WW equipment. Switchgear replacement WWTP HDR $1,400,000 $20,000 $27,453 _423 Apr-13 Dec-14 Cl-Out ●Reliability - This project is completed and in project close-out. Variable frequency drive installation WWTP City $100,000 $0 __423 _Jul-14 Con ●Reliability - VFD's are on site. 1 is completely installed - The installation is being pushed out to late 2014 - we will try to install with plant staff Ad Advertising Pre Des ROW Ad Con Cl-Out Study Study Right-of-Way Acquisition Advertise for Construction Bids **Active Phase Preliminary Design Design Construction Close-out Construction Contract Packet Page 308 of 312    AM-7460     14.              City Council Meeting Meeting Date:02/10/2015 Time:5 Minutes   Submitted For:Phil Williams Submitted By:Kody McConnell Department:Public Works Type: Action  Information Subject Title Authorization to Purchase Freightliner Vactor 2100 CB Vacuum Truck Recommendation It is recommended that authorization be given to the Department of Public Works & Utilities to purchase a new Freightliner Vactor 2100 CB Vacuum Truck from Owen Equipment under Washington State Purchasing Contract No. 01912 - Item 0818. Previous Council Action N/A Narrative The Fleet Maintenance Division of the Public Works & Utilities Department is prepared to replace Unit 31, a 1996 Volvo Vactor 2100 Vacuum Truck, that has been in constant service with the City for over 18 years and has surpassed the limits of its required reliability and is rapidly approaching the end of its useful life.  The $449,920.92 purchase of its necessary replacement, a Freightliner Vactor 2100 CB Vacuum Truck, has been previously approved in the 2015 Budget and monies for the purchase shall come from the 511 vehicle replacement B-Fund.  It is anticipated that the auction of the retired Unit 31 will generate approximately $50,000 which will then be deposited into the vehicle replacement B-Fund. The new Freightliner Vactor 2100 CB Vacuum Truck will be a single engine design that meets 2014 TIER 4 emissions standards and is expected to reduce annual maintenance costs.  Owen Equipment has certified that the City is receiving the lowest price offered as compared to similarly situated clients, terms, and conditions.  This is confirmed by the purchase occurring through Washington State Department of Enterprise Services purchasing Contract No. 01912 - Item 0818, ensuring full compliance with all legal requirements for competitive solicitation of quotes and the award of purchases to the lowest responsible bidder. In order to proceed with this purchase under current City purchasing policy requires City Council authorization via the attached Resolution as the amount exceeds the $100,000 threshold. Attachments Authorizing Resolution Form Review Packet Page 309 of 312 Inbox Reviewed By Date Public Works (Originator)Kody McConnell 02/03/2015 12:13 PM City Clerk Scott Passey 02/03/2015 02:06 PM Mayor Dave Earling 02/03/2015 02:23 PM Finalize for Agenda Scott Passey 02/03/2015 02:31 PM Form Started By: Kody McConnell Started On: 02/03/2015 09:07 AM Final Approval Date: 02/03/2015  Packet Page 310 of 312 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DECLARING THE PURCHASE OF FREIGHTLINER VACTOR 2100 CB VACUUM TRUCK TO BE APPROPRIATE FOR SOLE SOURCE PROCUREMENT AND APPROVING THE USE OF SUCH PROCESS. WHEREAS, the City's purchasing policies and procedures require competitive bids for procurement of goods and services exceeding $10,000 in cost, and, WHEREAS, it is prudent for the City to modernize its equipment, and the City has identified the Freighliner Vactor 2100 CB Vacuum Truck as a necessary purchase; and; WHEREAS, such equipment has been demonstrated to provide an overall labor cost savings which will be realized by citizens and/or ratepayers of the City, and WHEREAS, the City has diligently researched the relevant market, has identified Owen Equipment operating under Washington State Purchasing Contract No. 01912 – Item 0818 as the sole regional supplier of the desired equipment, and has obtained assurances from the supplier that the equipment has been offered for sale to the City at the lowest available competitive market price, and WHEREAS, advertising for bids under these circumstances would yield no superior bidders and would needlessly waste the administrative and financial resources of the City; now, therefore, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON HEREBY RESOLVES AS FOLLOWS: Section 1. The City Council finds that the nature and availability of this equipment creates special market standards and conditions which justify the use of sole source procurement, and that the price charged the City is consistent with the lowest price offered by the equipment vendor for other similarly situated customers. RESOLVED this 10th day of February, 2015. DAVE O. EARLING, MAYOR Packet Page 311 of 312 ATTEST/AUTHENTICATED: CITY CLERK, SCOTT PASSEY APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY Packet Page 312 of 312