Loading...
2010.01.05 CC Agenda Packet              AGENDA Edmonds City Council Council Chambers, Public Safety Complex 250 5th Ave. North, Edmonds ______________________________________________________________ JANUARY 5, 2010 7:00 p.m.   Call to Order and Flag Salute 1. (15 Minutes)Administration of Oath of Office to newly elected officials.   2. (20 Minutes)Reception in honor of newly elected officials.   3. (5 Minutes)Approval of Agenda   4. (5 Minutes)Approval of Consent Agenda Items   A.Roll Call   B. AM-2697 Approval of City Council Meeting Minutes of December 15, 2009.   C. AM-2705 Approval of claim checks #115937 through #116129 dated December 17, 2009 for $855,651.44, #116130 through #116169 dated December 22, 2009 for $141,316.01, and #116170 through #116196 dated December 30, 2009 for $327,839.29.  Approval of payroll direct deposit and checks #48955 through #48988 for the period of December 1 through December 15, 2009 for $820,485.52.   D. AM-2695 Acknowledge receipt of a Claim for Damages from Security Contractor Services ($1,775.28), Fidalgo Paving & Construction ($60,215.94), Bob and Wendy Chaffee ($144.66), Penny J. Evers ($165.56), and Brandon M. Johnson ($158.67).   E. AM-2690 Professional Services Agreements between City of Edmonds and Mike Doubleday, and Salter Joyce Zyker.   F. AM-2696 Approval of Edmonds Arts Commission 2010 Cultural Tourism Promotion Awards contracts to promote cultural events that bring visitors to Edmonds.   G. AM-2704 Authorization for Mayor to sign Supplemental Agreement 1 with Perteet, Inc. for the 2009 Asphalt Overlay Project.   H. AM-2700 Amend City Code Chapter 6.65 Edmonds Fire Department - Provision of Emergency Services.   I. AM-2701 Resolution thanking Councilmember DJ Wilson for his service as Council President.   5. AM-2688 (5 Minutes) Introduction of new Student Representative.   6. AM-2637 Selection of Council President for 2010. Packet Page 1 of 233 6. AM-2637 (10 Minutes) Selection of Council President for 2010.   7. AM-2638 (10 Minutes) Selection of Council President Pro Tem for 2010.   8. AM-2639 (5 Minutes) Appointment of Committee Representatives.   9. AM-2699 (5 Minutes) Resolution appointing a Councilmember to the Snohomish County Health District Board.   10. AM-2698 (5 Minutes) Resolution appointing Councilmembers as representative and alternate to the Snohomish County Public Transportation Benefit Area Corporation.   11. AM-2706 (15 Minutes) Confirmation of Mayor's appointment of Lois Jean Broadway and Todd Cloutier to the Planning Board.   12. AM-2692 (20 Minutes) Presentation by WSDOT Ferries Division Assistant Secretary David Mosley - Update on Vehicle Reservations Pre-Design Study.   13. AM-2694 (20 Minutes) Development Agreement for Edmonds Commuter Rail Station between the City of Edmonds and Sound Transit, and Interlocal Agreement between Sound Transit and the City of Edmonds.  Public comment will be received on this item.   14. AM-2703 (30 Minutes) Public hearing on an Ordinance amending the provisions of ECC 7.30.036, Sewer Special Connection Districts, to add a new subsection ECC 7.30.036(C) establishing a special connection fee for certain properties on or near Olympic View Drive, and fixing a time when the same shall become effective.   15.Audience Comments (3 minute limit per person)* *Regarding matters not listed on the Agenda as Closed Record Review or as Public Hearings.   16. AM-2693 (20 Minutes) Discussion and potential action on a proposed City of Edmonds 2010 Legislative Agenda.   17. AM-2691 (20 Minutes) City of Edmonds Website - City Council and Council Member Web Pages.   18. AM-2702 (5 Minutes) Presentation of Resolution thanking Councilmember DJ Wilson for his service as Council President.   19. (5 Minutes)Mayor's Comments   20. (15 Minutes)Council Comments   Adjourn   Packet Page 2 of 233 AM-2697 4.B. Approval of 12-15-09 City Council Meeting Minutes Edmonds City Council Meeting Date:01/05/2010 Submitted By:Sandy Chase Time:Consent Department:City Clerk's Office Type:Action Review Committee: Committee Action: Information Subject Title Approval of City Council Meeting Minutes of December 15, 2009. Recommendation from Mayor and Staff It is recommended that the City Council review and approve the draft minutes. Previous Council Action N/A Narrative Attached is a copy of the draft minutes. Fiscal Impact Attachments Link: 12-15-09 Draft City Council Minutes Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 12/28/2009 11:46 AM APRV 2 Mayor Gary Haakenson 12/28/2009 11:51 AM APRV 3 Final Approval Sandy Chase 12/28/2009 01:56 PM APRV Form Started By: Sandy Chase  Started On: 12/28/2009 11:44 AM Final Approval Date: 12/28/2009 Packet Page 3 of 233 Edmonds City Council Draft Minutes December 15, 2009 Page 1 EDMONDS CITY COUNCIL DRAFT MINUTES December 15, 2009 At 6:45 p.m., the City Council interviewed the following candidates for the Historic Preservation Commission and Planning Board: John Dewhirst, Lois Broadway and Todd Cloutier. Mayor Haakenson, and Councilmembers Plunkett, Bernheim, Orvis and Wambolt were present at 6:45 p.m. Councilmembers Peterson and Wilson arrived at 6:50 p.m. the Edmonds City Council meeting was called to order at 7:02 p.m. by Mayor Haakenson in the Council Chambers, 250 5th Avenue North, Edmonds. The meeting was opened with the flag salute. ELECTED OFFICIALS PRESENT Gary Haakenson, Mayor D. J. Wilson, Council President Michael Plunkett, Councilmember Steve Bernheim, Councilmember Dave Orvis, Councilmember Ron Wambolt, Councilmember Strom Peterson, Councilmember STAFF PRESENT Gerry Gannon, Assistant Police Chief Stephen Clifton, Community Services/Economic Development Director Brian McIntosh, Parks & Recreation Director Noel Miller, Public Works Director Lorenzo Hines, Finance Director Rob Chave, Planning Manager Debi Humann, Human Resources Director Rob English, City Engineer Jerry Shuster, Stormwater Eng. Program Mgr. Bertrand Hauss, Transportation Engineer Gina Coccia, Planner Scott Snyder, City Attorney Sandy Chase, City Clerk Jana Spellman, Senior Executive Council Asst. Jeannie Dines, Recorder 1. APPROVAL OF AGENDA COUNCILMEMBER WAMBOLT MOVED, SECONDED BY COUNCIL PRESIDENT WILSON, TO APPROVE THE AGENDA IN CONTENT AND ORDER. MOTION CARRIED UNANIMOUSLY. 2. CONSENT AGENDA ITEMS Council President Wilson requested Item O be removed from the Consent Agenda, Councilmember Plunkett requested Item R be removed, and Councilmember Wambolt requested Item U be removed. COUNCILMEMBER BERNHEIM MOVED, SECONDED BY COUNCILMEMBER PLUNKETT, TO APPROVE THE REMAINDER OF THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: A. ROLL CALL B. APPROVAL OF CITY COUNCIL MEETING MINUTES OF DECEMBER 1, 2009. Packet Page 4 of 233 Edmonds City Council Draft Minutes December 15, 2009 Page 2 C. APPROVAL OF CORRECTION TO THE CITY COUNCIL MEETING MINUTES OF NOVEMBER 2, 2009. D. APPROVAL OF CLAIM CHECKS #115584 THROUGH #115605 DATED NOVEMBER 24, 2009 FOR $42,169.66, #115606 THROUGH #115801 DATED DECEMBER 3, 2009 FOR $628,698.00 AND #115802 THROUGH #115936 DATED DECEMBER 10, 2009 FOR $577,575.76. APPROVAL OF KELLY DAY BUY BACK CHECKS #48790 THROUGH #48820 DATED NOVEMBER 20, 2009 FOR $33,005.84, AND APPROVAL OF HOLIDAY BUY BACK CHECKS #48821 THROUGH #48913 DATED NOVEMBER 23, 2009 FOR $224,035.00. APPROVAL OF PAYROLL DIRECT DEPOSIT AND CHECKS #48914 THROUGH #48954 FOR THE PERIOD NOVEMBER 16 THROUGH NOVEMBER 30, 2009 FOR $914,791.67. E. ACKNOWLEDGE RECEIPT OF CLAIMS FOR DAMAGES FROM ERIC THUESEN CUSTOM HOMES ($47,393.00), AND ELEANOR CORNER ($588.00). F. APPROVAL OF LIST OF BUSINESSES APPLYING FOR RENEWAL OF THEIR LIQUOR LICENSES WITH THE WASHINGTON STATE LIQUOR CONTROL BOARD, DECEMBER 2009. G. REAPPOINTMENT OF LODGING TAX ADVISORY COMMITTEE MEMBERS FOR 2010. H. LIST OF RETIRING BOARD MEMBERS, COMMISSIONERS, AND COMMITTEE MEMBERS. I. AUTHORIZATION FOR MAYOR TO SIGN AGREEMENT FOR THE SEASHORE TRANSPORTATION FORUM. J. AUTHORIZATION FOR MAYOR TO SIGN SUPPLEMENTAL AGREEMENT 4 WITH KPFF CONSULTING ENGINEERS, INC. FOR UNDERGROUND UTILITIES UPGRADES WITH RESPECT TO THE BNSF DOUBLE TRACK PROJECT. K. 2010 HOURLY POSITIONS BY PAY GRADE, TITLE AND WAGE. L. 2010 NON-REPRESENTED EMPLOYEE PAY SCHEDULE. M. 2010 ADDENDUM TO PRISONER DETENTION AGREEMENT WITH THE CITY OF LYNNWOOD. N. KENNELING SERVICES CONTRACT BETWEEN ADIX'S BED AND BATH AND THE CITY OF EDMONDS. P. SUBSCRIBER AGREEMENT WITH PUBLIC SAFETY TESTING, INC. FOR SERVICE YEARS 2010 – 2012. Q. 2009-2010 FIRE DEPARTMENT WORK PLAN UPDATE #1. S. ORDINANCE NO. 3766 – ADOPTING A NEW COMMUNITY SUSTAINABILITY ELEMENT. T. ORDINANCE NO. 3767 - AMENDING THE COMPREHENSIVE TRANSPORTATION PLAN IN ORDER TO UPDATE THE TRANSPORTATION ELEMENT AND THE INCORPORATED WALKWAY AND BIKEWAY PLANS. Packet Page 5 of 233 Edmonds City Council Draft Minutes December 15, 2009 Page 3 V. RESOLUTION NO. 1212 - THANKING COUNCILMEMBER RON WAMBOLT FOR HIS SERVICE ON THE CITY COUNCIL W. CONFIRMATION OF NEW HISTORIC PRESERVATION COMMISSION MEMBER. ITEM O: WOODWAY INTERLOCAL AGREEMENT FOR POLICE SERVICES. Assistant Police Chief Gerry Gannon explained after forwarding the contract to the City Attorney, they advised Ogden Murphy Wallace represents both Edmonds and Woodway. The contract was then reviewed and approved as to form by the law firm Weed Graafstra & Benson. ACOP Gannon read Section 7 which was added to the contract after it was reviewed by the Council Committee, “Pursuant to RCW 39.34.040, this agreement shall be filed with the Snohomish County Auditor or alternatively listed by subject on the website of either party hereto or on other electronically retrievable public source.” COUNCIL PRESIDENT WILSON MOVED, SECONDED BY COUNCILMEMBER WAMBOLT, TO APPROVE ITEM O. MOTION CARRIED UNANIMOUSLY. ITEM R: ORDINANCE NO. 3765 – AMENDING THE EDMONDS COMPREHENSIVE PLAN TO UPDATE THE “EDMONDS SCHOOL DISTRICT CAPITAL FACILITIES PLAN.” Councilmember Plunkett asked if this was an amendment to the City’s Comprehensive Plan. City Attorney Scott Snyder responded the Comprehensive Plan included several separate elements; the Council typically amended the Comprehensive Plan element by element. COUNCILMEMBER PLUNKETT MOVED, SECONDED BY COUNCILMEMBER WAMBOLT, FOR APPROVAL OF ITEM R. ITEM U: ORDINANCE NO. 3768 – CHANGING THE ZONING DESIGNATION FROM MULTIPLE RESIDENTIAL (RM-2.4) TO SINGLE-FAMILY RESIDENTIAL (RS-8) ALONG A PORTION OF 215TH STREET SW. Councilmember Wambolt explained he pulled this item to vote against it. COUNCILMEMBER ORVIS MOVED, SECONDED BY COUNCIL PRESIDENT WILSON, FOR APPROVAL OF ITEM U. MOTION CARRIED (5-1), COUNCILMEMBER WAMBOLT VOTING NO. 3. PRESENTATION OF RESOLUTION TO COUNCILMEMBER RON WAMBOLT, FOLLOWED BY A RECEPTION. Council President Wilson read a resolution commending, thanking and recognizing Councilmember Wambolt for his service on the City Council from January 1, 2006 through December 31, 2009. He also presented him a plaque in recognition of his service. Councilmember Wambolt commented his four years on the Council had been a very good education. A few years before joining the Council he did not know what issues were the responsibility of the Mayor and which were the Council’s responsibility. He found the committees he served on very rewarding and planned to remain on the Downtown Parking Committee, the Hwy. 99 Task Force and the Community Technical Advisory Committee. He will miss working with the Council, City staff, Port staff and Commissioners, as well as the interaction with citizens. Councilmember Plunkett commented all Councilmembers bring a certain skill set to the Council; Councilmember Wambolt was an excellent example of hard work and diligence. He recognized Councilmember Wambolt for his ability to work with other Councilmembers as well as the ability to Packet Page 6 of 233 Edmonds City Council Draft Minutes December 15, 2009 Page 4 debate and kid with him. He had enjoyed working with Councilmember Wambolt due to both his spirit and his work habits. Councilmember Peterson commented it had been a pleasure to work with Councilmember Wambolt; his work ethic was without parallel. He also appreciated Councilmember Wambolt’s excellent sense of humor, remarking he would be deeply missed. He looked forward to Councilmember Wambolt’s continued involvement in the community. Council President Wilson commented Councilmember Wambolt had been a tremendous resource and asset to him and he appreciated his wisdom and guidance. Councilmember Bernheim recalled Councilmember Wambolt’s and his initial contact was on a citizens group. He looked forward to the role Councilmember Wambolt would continue to play in the community. Councilmember Orvis thanked Councilmember Wambolt for bringing sanity to the Council, recalling he challenged the incumbent and his election allowed the Council to keep lower heights downtown. Mayor Haakenson expressed his appreciation for Councilmember Wambolt’s willingness to change his mind on an issue. He also appreciated Councilmember Wambolt’s preparation for Council meetings. Although Councilmember Wambolt and he had not always agreed on issues, he had the utmost respect for him and would welcome him back on the Council at any time. Mayor Haakenson recessed the Council to a brief reception in Councilmember Wambolt’s honor. 4. RESOLUTION REGARDING THE COUNCIL VALUES AND DIRECTION REGARDING TEMPORARY HOMELESS SHELTERS. PUBLIC COMMENT WILL BE RECEIVED ON THIS MATTER. Council President Wilson explained at the Community Services/Development Services Committee meeting Councilmember Orvis and he spoke with staff regarding the lack of a process in the current code for permitting a temporary homeless shelter, whether a few days in a church or a tent city. They agreed an interim ordinance would be appropriate to establish a process followed by further review and discussion by the Planning Board and staff. He explained the intent of the resolution was to provide direction to staff regarding the Council’s values to assist in developing a permanent process. He explained the resolution was developed with the assistance of homeless shelter advocates in South Snohomish County. He summarized the interim ordinance was not perfect but a starting point. Charlotte Lawson explained she had been volunteering at a homeless shelter for approximately two years. She explained homeless people exist everywhere and they often arrive at the shelter cold and without adequate coats, gloves, hats. During the past 11 days when they offered shelter, the Edmonds Police Department called four times to inform her of people they discovered living in their cars. She described the importance of providing shelter for the homeless during emergency weather situations. She commented on how easily people can become homeless through circumstances beyond their control. Reverend Barry Keating, Maplewood Presbyterian Church, requested the Council allow churches freedom from the ordinance that requires churches to have a sprinkler system and a monitored fire alarm system. He commented groups of 100+ people are at the church each day without a sprinkler or monitored fire alarm system. As written, the ordinance would not allow him to bring someone inside the church that he found sleeping in front of the church on a frigid night. During the current economic climate when it was difficult for government to provide these services, a group of volunteers and warm buildings were available to provide emergency shelter. The ordinance seemed to indicate it was better for Packet Page 7 of 233 Edmonds City Council Draft Minutes December 15, 2009 Page 5 the homeless to remain outside in frigid temperatures than take the risk of being inside a building that lacked a sprinkler system and a monitored fire alarm. He assured there were homeless people in the Edmonds/Lynnwood area, remarking it would have been difficult during last year’s four weeks of frigid weather to obey the City’s ordinance. He urged the Council to consider waiving the ordinance for churches. Reverend Eileen Hanson, Trinity Lutheran Church, explained the Emergency Cold Weather Shelter Network was a grass-roots coalition. Last year they provided 474 beds over 34 nights; this year they provided 200 beds during the recent 11 days of cold weather. She commented on the diversity of their guests; they include veterans, youth and pregnant women. The Shelter Network is a coalition of seven faith communities with tremendous community involvement from approximately 200 volunteers. She encouraged Council to look at this issue not from a stereotypical point of view but understanding the diversity among the homeless and the under-housed (living in RVs and cars). Catherine Roper, Lynnwood, an elder in the Maplewood Presbyterian Church, thanked Edmonds for their concern about the safety of people in churches. She commented on the importance of community shelters to provide safe, warm and dry emergency accommodations. Until communities are able to provide shelter and/or employment conditions improve making emergency shelters unnecessary, churches are providing a piecemeal, minimal temporary shelter. Until Edmonds was able to provide shelter, she requested the temporary ordinance waive the requirement for sprinklers and a monitored fire alarm system. She planned to also urge the Lynnwood City Council to provide temporary emergency housing. Bill Ellis, Edmonds, representing Edmonds United Methodist Church and accompanied by two church elders, commented although many believe Edmonds is a prosperous city, there are various types of low cost housing and a wide mix of income levels. Snohomish County’s 10% unemployment rate is higher than the State or national rate. The consequences of high unemployment are evident at the food bank; the food bank served nearly twice the number of people this year compared to last year. Today they served 425 families which represents approximately 2,000 people; their recent toy shop distributed 1,060 toys. Homelessness is one aspect of the economic crisis and results from unemployment, loss of insurance, and severe physical and psychological suffering. He commented the homeless includes the near homeless, people who are living in a car or van or stay with a neighbor or friend. The temperature that activates the Emergency Cold Weather Shelter Network is 33 degrees. He summarized although there were not huge numbers of homeless people in South Snohomish County, there were very few facilities. The coalition of churches is striving to fill that need. Brooke Burdick, Edmonds, explained he had became involved with the Cold Weather Shelter as a result of his son’s Eagle Scout Project to collect food, cash and equipment donations to provide for those in need this winter. Many of the people he met at the shelter while volunteering were not the stereotypical person staying at a shelter. His son and he attended last week’s Lynnwood City Council meeting and were discouraged because they were not interested in participating in a solution. He encouraged the Edmonds City Council to show leadership in Snohomish County by acting swiftly to help the community provide shelter for the homeless this winter. Marilyn Nadeau, Edmonds, requested the Council’s support for the ordinance or any other action to facilitate a shelter in Edmonds. A co-founder of the South Snohomish County Shelter for the Homeless that was started at Trinity Lutheran, she enlisted the help of several other churches in the area. Their criteria is 33 degrees or below for 4 hours or more. They only seek to offer a safe, warm environment for the homeless who include men, women and children. This year they have been open for 10 nights and housed approximately 200 people including several women. They expect to continue this somehow, somewhere. She invited Councilmembers to visit the shelter the next time it is open. Packet Page 8 of 233 Edmonds City Council Draft Minutes December 15, 2009 Page 6 Council President Wilson explained he learned by talking with homeless advocates that Edmonds has the stigma of thinking no homeless people exist in Edmonds and if there were any homeless in Edmonds, they would be promptly sent out of town. He assured that did not reflect the Council or the community’s values. Although there are legitimate reasons some buildings could not be allowed to house homeless people such as if they do not meet the State building code that requires sprinklers, there is a federal law that allows the land use of religious facilities to override the State Building Code. He anticipated this would be one of the only Council votes that would save lives. The resolution directs staff to be as flexible and as aggressive as possible in waiving certain requirements to adhere to federal law. City Attorney Scott Snyder explained the City has taken two steps already, 1) the City for years has had a reasonable accommodation process that provides for a waiver of any land use provisions to prevent full use of property by disabled persons and the homeless community contains a large number of disabled persons, and 2) the City adopted Ordinance 3730 that adopted the exemption process permitted under the State Building Code. He explained the City was obligated to enforce the State Building Code and could not amend the substantive provisions of the State Building Code without the State Building Council’s approval, a process that takes 6-8 months. The provision for sprinklers is in the State Building Code. Via adoption of Ordinance 3730, the City exempted existing buildings that would be used for indigent emergency shelter from change in use requirements such as installing sprinklers. The State Statute requires that code deficiencies that are exempted pose no threat to human health or safety and the proposed emergency temporary housing must be less hazardous than the existing use. Passing the interim ordinance will remove all impediments in the City’s zoning code in addition to the previous adoption of the State’s Building Code provision and the reasonable accommodation process. The Fire Marshal community’s position is exempting any use from the sprinkler requirement poses a threat to health and safety. As attorney Bio Park discussed with the Council committee, that raises legal issues. Washington State Constitution is broader than the Federal Constitution and Federal statutory provision and requires, 1) the City’s enforcement of building codes and other requirements be flexible, and 2) consider reasonable alternatives. He recommended continuing to explore what could be done within the context of the State law and to assess the risks. Councilmember Wambolt commended all the speakers for their work on this issue. He acknowledged there was a problem and the citizens involved in that effort need the City’s assistance. He suggested consideration be given to using the Senior Center for temporary emergency shelter. Councilmember Plunkett thanked everyone involved in this effort. He described his past involvement with the food bank and looked forward to the Council’s effort with regard to this matter. Councilmember Peterson commented this resolution was the most important page in tonight’s 1,036 page Council packet. He thanked Council President Wilson for bringing this issue to the Council. The resolution and interim ordinance are important steps toward raising awareness of the problem in South Snohomish County. Council President Wilson thanked everyone involved in providing emergency shelter for the homeless. COUNCIL PRESIDENT WILSON MOVED, SECONDED BY COUNCILMEMBER PETERSON, FOR APPROVAL OF RESOLUTION NO. 1213 REGARDING THE COUNCIL VALUES AND DIRECTION REGARDING TEMPORARY HOMELESS SHELTERS. MOTION CARRIED UNANIMOUSLY. 5. INTERIM ZONING ORDINANCE RELATED TO TEMPORARY HOMELESS SHELTERS AND ENCAMPMENTS City Attorney Scott Snyder explained the intent of the ordinance was to remove all doubt that homeless shelters were a permitted use in the City’s zones. The interim ordinance will be in effect for six months while the Planning Board considers the matter and a public hearing is required within 60 days. Packet Page 9 of 233 Edmonds City Council Draft Minutes December 15, 2009 Page 7 COUNCILMEMBER PETERSON MOVED, SECONDED BY COUNCIL PRESIDENT WILSON, FOR APPROVAL OF THE INTERIM ZONING ORDINANCE NO. 3769 RELATED TO TEMPORARY HOMELESS SHELTERS AND ENCAMPMENTS. MOTION CARRIED UNANIMOUSLY. 6. RESOLUTION ON RENAMING KAIREZ DRIVE. Council President Wilson explained the Vista Del Mar Homeowner’s association President contacted him with a request to rename Kairez Drive. There are two processes, one that costs thousands of dollars and a second virtually no cost option where Council can direct staff to rename the street. Ross Marturano, President, Vista Del Mar Homeowners Association, identified five residents of Vista Del Mar in the audience. He explained there are nine existing homes in Vista Del Mar, two pending sales and several undeveloped lots. Of the 15 lots, 13 voted in favor of the name change, 1 abstained and 1 voted no. He explained the name Kairez has negative connotations in the neighborhood particularly with the Police Department. The street was originally known as 92nd Place West and changed to Kairez; the plat is known as Vista Del Mar. A vote was taken in accordance with the Vista Del Mar Homeowner Association’s CC&Rs and they are petitioning the Council to change the name. There is no implication with the title company other than the City must file the name change with Snohomish County. Council President Wilson inquired about a private road versus public road. Mr. Marturano replied they are willing to have the road public or private. City Attorney Scott Snyder explained this only initiated the process and set the public hearing. Staff will provide a response by the public hearing regarding the public versus private road issue. He requested a copy of the Vista Del Mar Homeowners Association CC&Rs. COUNCIL PRESIDENT WILSON MOVED, SECONDED BY COUNCILMEMBER PETERSON, TO APPROVE RESOLUTION NO. 1214 INITIATING THE PROCESS TO RENAME KAIREZ DRIVE. MOTION CARRIED UNANIMOUSLY. 7. PUBLIC HEARING ON AN APPLICATION FOR A DEVELOPMENT AGREEMENT IN ORDER TO IMPLEMENT A CHANGE IN ZONING FOR THE PROPERTIES KNOWN AS “FIRDALE VILLAGE” FROM "NEIGHBORHOOD BUSINESS" (BN) TO THE “FIRDALE VILLAGE MIXED USE” (FVMU) ZONE AND ESTABLISH A TREE RETENTION BUFFER. Planner Gina Coccia explained Firdale Village is located at 9617 Firdale Avenue, contains 3.2 acres and 8 parcels. The buildings were constructed in 1942, annexed into the City in 1997 and the site is currently zoned Neighborhood Business (BN). The City received one public comment that is included in Exhibit 1 of Attachment 10. No public testimony was provided at the Planning Board public hearing. She explained this item included a rezone and development agreement. The Planning Board recommended approval of both the rezone and development agreement. The Planning Board’s draft minutes are attached in Exhibit 2. In 2006 the Comprehensive Plan was amended to add goals and policies for this neighborhood. A code amendment establishing a Firdale Village Mixed Use Zone (FVMU) and corresponding design standards was approved in October 2009. Ms. Coccia explained this was two separate actions, 1) a public hearing on the proposed development agreement and 2) a closed record review of the proposed change in zoning from BN to FVMU. The application requires compliance with ECDC 20.01 Types of Development, 20.08 Development Agreements, 20.40 Rezones as well as with the Comprehensive Plan. She explained the development agreement is a Type V legislative application. The Planning Board conducts an open record public hearing and forwards a recommendation to the Council for final decision. The City Council may hold its Packet Page 10 of 233 Edmonds City Council Draft Minutes December 15, 2009 Page 8 own public hearing. The rezone is a Type IVB application; the Planning Board conducts an open record public hearing and forwards a recommendation to the City Council for a final decision. The Council holds a closed record review which is being done tonight. Ms. Coccia referred to Exhibit 3, the development agreement, explaining the City recently adopted a development agreement process, ECDC 20.08, which functions similar to a contract rezone process where the property owner deliberately enters into an agreement offering mitigation for the zone change. In this case, the owner has offered to retain a large stand of mature trees along the north property line which would ease the transition between the single family neighborhood to the north and the proposed mixed use site at Firdale Village. Factors for the Council to consider in a rezone are consistency with the Comprehensive Plan, zoning consistency, relationship of the rezone to nearby property, changes in the surrounding area or policy, economic and physical suitability, and the relative gain to the public health, safety and welfare compared to the potential increase/decrease in value to the property owners, Mayor Haakenson advised the Council would first hold the public hearing on the development agreement followed by the closed record review. Councilmember Plunkett asked whether Tony Shapiro was the applicant for both the development agreement and the rezone. Ms. Coccia answered he was. Councilmember Orvis referred to Exhibit C which is referred to in the development agreement as the Native Growth Protection Easement (NGPE) which refers to an Exhibit A. Ms. Coccia answered Exhibit A refers to the site map attached to the development agreement. She explained the NGPE is the setback along the north side of the property. Councilmember Orvis observed the development agreement did not specifically refer to a NGPE on a map. Ms. Coccia advised the NGPE was also identified on Exhibit C. City Attorney Scott Snyder explained the development agreement indicates a document in substantially the form shown needs to be recorded within 60 days or the agreement is not valid. The developer needs to return with a signed copy ready for recording and at that time a legal description would be provided that matched the map so that the recorded document would have its own Exhibit A that identifies the NGPE. Councilmember Orvis observed the Council was voting on a NGPE that was not identified. Mr. Snyder explained if the Council approved the rezone ordinance, before it is placed on the Consent Agenda for approval, staff would have a recorded document that matched the exhibit. Ms. Coccia displayed Exhibit A and identified the location of the NGPE. Councilmember Orvis asked whether there was any legal obligation to replace a tree that fell in the NGPE. Mr. Snyder answered there was no replacement requirement; a provision requiring replacement could be added. Councilmember Orvis responded he would like to include such a provision. Mayor Haakenson opened the public participation portion of the public hearing. Lora Petso, Edmonds, urged the Council not to vote on the development agreement until it was in its final form. The development agreement failed to require that commercial development accompany residential and feared the result would be residential development similar to Pt. Edwards. She anticipated the developer would develop the residential portion and then say the commercial was not feasible which would result in the loss of a neighborhood business district. She questioned whether the development agreement was a mechanism to avoid SEPA. She recalled being told in October that the traffic, intersection level of service, would be addressed in the SEPA review. However, the same SEPA used earlier in the process was being used for the rezone and development agreement. She cited answers to questions in the SEPA checklist: what percentage of the site would be covered with impervious surface - Packet Page 11 of 233 Edmonds City Council Draft Minutes December 15, 2009 Page 9 none; will any structures be demolished - no; how many parking spaces will be created or eliminated - unknown; and how many vehicle trips per day will be generated - unknown. She urged the Council not to adopt the development agreement. Hearing no further comment, Mayor Haakenson closed the public hearing. Council President Wilson recalled the development agreement was deemed the best mechanism for retaining the trees. Mr. Snyder agreed, explaining the initial ordinance imposing a tree buffer did not comply with recent Washington case law; there was no legislative record that established the need and why the tree buffer was the appropriate amount. He suggested retaining the trees via establishing a NGPE in a development agreement. For Councilmember Orvis, Mr. Snyder explained the property owner can remove dead or diseased trees in the NGPE and the City has the right but not the obligation to replant and restock plants or animal habitat or any other actions appropriate for preservation. The Council could require the property owner to replant and restock. With regard to SEPA, Mr. Chave explained this was not the end of the process. The project level SEPA would occur later in the process at the time of design review. Councilmember Orvis recalled during the development of the code to create the zone, there were stepbacks incorporated on portions of the site where there was no buffer. He observed the stepbacks were not required in the area where the trees would be retained. Mr. Chave agreed, explaining the intent of the development agreement was to ensure the trees were retained in the buffer. The zone specifies stepbacks in the areas where the buffer does not exist. COUNCIL PRESIDENT WILSON MOVED, SECONDED BY COUNCILMEMBER PLUNKETT, TO APPROVE THE DEVELOPMENT AGREEMENT. Council President Wilson explained this put in place the zoning criteria and the design standards the Council adopted via a 6-1 vote in October and this was the appropriate next step to retain the trees on the site. Councilmember Orvis recalled he voted against the zone, commenting the buffer was the key piece and allowed the Council to approve a 50-foot building within 20 feet of a residential zone. He was not convinced the development agreement would establish a NGPE because there was no map that identified the area and it put the onerous on the City to plant the trees. He preferred the developer be required to replace and maintain the trees in the buffer. He did not support the development agreement. Councilmember Plunkett asked the applicant whether the developer would take responsibility for the trees. Tony Shapiro responded a survey was done of the site that shows the exact location and size of the trees. The trees are substantial firs that range from 50 to 100 feet tall and are 50+ years old. He assured 20 feet was more than enough to protect the trees and the criteria requires that no construction occur under the trees. The trees are located at the top of a bank; the site slopes from the north property line to Firdale Avenue and much of the grade change occurs at the north property line. The 20 foot area where the trees are located is essentially a plateau and there is a rockery in some areas that drops away 12 feet or more where the construction would occur. Mr. Shapiro disagreed that a 50-foot building would be located adjacent to the setback because the height calculation is based on the average grade from the four corners. This takes into account the lower portion of the site and results in a 2-3 story building adjacent to the single family development. He noted there were no zones in the city that required more than a 15-foot rear-yard setback; they proposed 20 feet to Packet Page 12 of 233 Edmonds City Council Draft Minutes December 15, 2009 Page 10 protect the trees. He did not anticipate his client would object to the Council including a maintenance clause that would require replacement of a tree that died. He questioned the survivability of a small replacement tree due to the high tree canopy. MOTION CARRIED (4-2), COUNCILMEMBERS ORVIS AND BERNHEIM VOTING NO. Mayor Haakenson advised the closed record review on the rezone was a quasi judicial matter. The parties of record are Mr. Shapiro, representatives of WNS Property Investment and Tamara Ancona who submitted an email. Only Mr. Shapiro is present. He invited Councilmembers to make any disclosures with regard to those parties of record. Councilmember Wambolt disclosed he received a small contribution from one of the owners of Firdale Village. Councilmember Plunkett disclosed one of the owners sent him a campaign donation which he returned. Council President Wilson commented he had been extensively involved in the zone rewrite for the past four months. He had not received any political donations from any of the parities. He asked whether he needed to recuse himself due to his involvement in the zoning rewrite. Mr. Snyder responded Council President Wilson’s involvement in a legislative process did not disqualify him from participation. The only reason for disqualification was if he had communications that were not summarized in the last process or that he had already made up his mind about the action, pre-judgmental bias. Council President Wilson recused himself because of the perception that he may have prejudged the matter. Council President Wilson left the dais and the room. Mayor Haakenson asked Councilmember Wambolt and Councilmember Plunkett whether they were able to review and make a fair decision on the matter. Both answered they could. Mayor Haakenson asked whether Mr. Shapiro had any objection to Councilmembers Plunkett or Wambolt participating in the closed record review. Mr. Shapiro responded he did not object to their participation. Ms. Coccia advised Exhibit 1, the staff report, includes an analysis of the rezone criteria as well as the ordinance establishing the FVMU Zone. Mr. Snyder explained the Council would be making a conceptual approval; when a development agreement in a suitable format with the NGPE is recorded, staff would schedule the ordinance rezoning the property from Neighborhood Business (BN) to FVMU on a future Council’s agenda. Mayor Haakenson observed the FVMU zone and corresponding design standards were approved by the Council on October 6 and the ordinance adopted on October 27. This is a continuation of that process. Ms. Coccia agreed. Councilmember Plunkett asked whether the Planning Board had reviewed the rezone. Ms. Coccia answered they had; the draft Planning Board minutes were included as Exhibit 2. Only the applicant and staff spoke at the Planning Board public hearing. Councilmember Bernheim asked whether in the FVMU zone approved on October 6, the language in the zone would not be changed for five years. Mr. Snyder agreed. Tony Shapiro referred to Attachment 7 on page 6, Section 16.100.040.A, addresses 25% of the heated space of the built area must be in commercial. This was included in response to concern expressed by the community that the development would be entirely residential. The materials provided to the Planning Board also reviewed how the proposed rezone complies with the six criteria. Packet Page 13 of 233 Edmonds City Council Draft Minutes December 15, 2009 Page 11 COUNCILMEMBER BERNHEIM MOVED, SECONDED BY COUNCILMEMBER PETERSON, TO RETURN WITH AN ORDINANCE ON A FUTURE AGENDA THAT REZONED THE PROPERTY FROM NEIGHBORHOOD BUSINESS (BN) TO FIRDALE VILLAGE MIXED USE (FVMU). Councilmember Bernheim commented he was uncomfortable with some of the language in the zone particularly the modulated building design allowing for greater building height. However, due to the need to make progress on neighborhood redevelopment, although it may not be perfect, the City could learn from any mistakes in future neighborhood developments. MOTION CARRIED (4-1), COUNCILMEMBER ORVIS VOTING NO. (Council President Wilson did not participate in the vote.) (Council President Wilson returned to the dais.) 8. PUBLIC HEARING ON THE FINAL ORDINANCE AMENDING THE 2009 BUDGET: ORDINANCE AMENDING ORDINANCE NO. 3711 AS A RESULT OF UNANTICIPATED TRANSFERS AND EXPENDITURES OF VARIOUS FUNDS, Finance Director Lorenzo Hines explained the budget amendment was presented to the Finance Committee on November 17 and remanded to Council for review. For Councilmember Bernheim, Mr. Hines explained this agenda item contained Exhibits A, B and C and a General Fund Summary and an Other Fund Summary. Councilmember Bernheim observed the Other Fund Summary was entitled City of Edmonds Ordinance Amendments 11/17/09. He pointed out the agenda memo refers to three attachments, 2009 Final Budget Ordinance, 2009 Other Fund Summary and General Fund Summary. Mr. Hines advised the agenda memo included the General Fund Summary and the Other Fund Summary. Councilmember Bernheim commented on the difficulty determining which documents were referred to in the agenda memo when the title of the document was different. Mayor Haakenson assured staff would label them more appropriately in the future. Councilmember Bernheim expressed concern that he was unable to adequately review the information because the attachments were not properly identified in the materials. Mr. Hines commented the documents had been available to the Council since November 17. He noted he had been unable to respond to Councilmember Bernheim’s Monday email. City Attorney Scott Snyder suggested amending Section 1 of the ordinance to state that Exhibit A consisted of 7 pages. Mr. Hines explained the materials that were historically incorporated into the ordinance were limited to Exhibit A; the other materials were additional information. Councilmember Wambolt agreed with Councilmember Bernheim that the documents should be labeled more appropriately. Mr. Hines agreed that would be done in the future. Councilmember Orvis referred to the General Fund Amendment to Revenues, observing some of the new revenues were pass-throughs such as the WASPC Grant. He asked how many were pass-throughs versus new revenue. Mr. Hines referred to Other Revenues Augmentations Offset with Related Expenses, noting funds were shown in that section as well as in Other Expense Augmentations Offset with Related Revenues. The amendments to budget expenses include $155,000 to the City Attorney and Eliminating the A-Fund Contributions - ERR fund for October, November and December. Mr. Hines explained the A-Found Contribution; each fund is required to contribute to the Equipment Reserve Fund. Due to vacancies and expenditure reductions, the Equipment Reserve Fund is able to maintain an adequate balance through yearend; therefore, contributions from the other funds are not necessary resulting in a reduction in the expense. Packet Page 14 of 233 Edmonds City Council Draft Minutes December 15, 2009 Page 12 Council President Wilson echoed previous statements regarding the importance of accurately labeling documents. He asked why water, sewer and stormwater utility revenue was higher. Mr. Hines answered all the utilities were increased from 6% to 10% in January 2009. The water utility tax increased from 10% to 18.7% in August 2009 and stormwater rates increased by 6.82% in July 2009. The City budgeted conservatively for those increases. He summarized the increase was due to both the rate increase and higher usage due to the dry summer. Council President Wilson asked when a projection regarding EMS transport fees would be available. Mr. Hines responded he planned to prepare that information during the first quarter of 2010. Councilmember Bernheim expressed concern that the format of Exhibit A in Agenda Item 8 did not match format in Exhibit A of Agenda Item 9; Exhibit A for 2009 has fund numbers and Exhibit A for 2010 does not and some of the funds have different names. Mayor Haakenson commented the only difference was the 2010 budget identified REET I and II rather than Park Acquisition/Improvement and Special Capital Fund. Mr. Hines clarified REET I, Park Acquisition/Improvement, was Fund 125 and REET II, Special Capital Fund, was Fund 126. Councilmember Bernheim reiterated his concern that the differences made it difficult for him to review the information. Council President Wilson shared Councilmember Bernheim’s frustration. He commented Mr. Hines was doing a good job but did not have enough staff. It was reasonable for a Councilmember to ask a question after reviewing the Council packet and expect an answer prior to the Council meeting. He remarked this issue was more sensitive because the City’s financial situation was of increased interest to the Council, staff and citizens. Councilmember Wambolt commented the materials were reviewed by the Finance Committee who are accustomed to the fund titles, etc. Councilmember Orvis referred to a breakdown of the increased City Attorney costs and asked the reason for the increased expenditures such as the Edmonds GMA. Mr. Snyder responded the Council has been approaching litigation from a contingency point of view rather than appropriating litigation costs at the level they have been historically. The total amount is not greater than it has been in prior years. He explained the GMA appeal was very complex; briefings in response to the approximately 40 points Ms. Petso raised with the Growth Management Hearings Board were 50-100 pages each. Another large expenditure was the LUPA appeal of engineering requirements. Councilmember Orvis inquired about the Breske litigation. Mr. Snyder explained it was resolved in the City’s favor; a lot sold to a property owner burdened by a stormwater retention system. The owner wanted to develop the lot and felt the City had an obligation to move the system. Councilmember Orvis observed that matter cost the City $30,000. Mr. Snyder advised the Alderwood Water Agreement was a 40-year agreement; the Transportation Benefit District was another large one-time project. All other items on the list were defense cases; the City did not initiate any of the matters. He has periodically reported to the Council in Executive Session as well as provided detailed monthly billings. Councilmember Bernheim pointed out the ending cash balance in Exhibit A of Agenda Item 8, the 2009 budget, did not match the beginning cash balance in Exhibit A of Agenda Item 9, the 2010 budget. Mayor Haakenson suggested he pose that question during Agenda Item 9. Mayor Haakenson opened the public participation portion of the public hearing. Lora Petso, Edmonds, questioned why the REET revenue in Fund 126 was only $369,000 when she learned that REET revenue through September was over $450,000. She anticipated through yearend Packet Page 15 of 233 Edmonds City Council Draft Minutes December 15, 2009 Page 13 REET revenue would be at least $600,000 particularly when real estate sales increased substantially in November, possibly even as high as $700,000. She questioned the legal effect of a 2009 yearend budget amendment that understates REET revenue. She questioned why the Council would adopt a yearend budget amendment that did not reflect year-to-date receipts. Roger Hertrich, Edmonds, suggested the Council review the cost and product of professional services. He pointed out the budget for the City Attorney through September 30 was $510,000 and expenditures were $415,000; he assumed the remainder would be expended before yearend. He questioned whether the unused amounts in other funds would be carried over into 2010. He questioned the $3 million in revenue and the $3 million in expenditures in the Multimodal Fund and the $339,000 expenditure and a $22,000 interfund transfer reflected in the September 30 report. Hearing no further comment, Mayor Haakenson closed the public hearing. Mayor Haakenson asked whether Exhibit A included fourth quarter REET revenue. Mr. Hines responded it included the last estimate made with regard to REET. This budget amendment reflects only a $5,000 change to the REET funds. If the revenues need to be amended to reflect additional activity, those amendments will be made in the first quarter of 2010. No amendment is deemed necessary at this time because REET revenues receipts are similar to projections. Councilmember Wambolt pointed out this represents the third quarter budget amendment. The Finance Committee reviewed the amendment at their November 10 meeting; it should have been reviewed at the October Finance Committee meeting which was cancelled due to the meeting with Fire District 1. Mr. Hines explained these are changes to the spending plan approved by the Council in 2008. Staff presented adjustments to that spending plan in October and this represents another adjustment. Amendments are necessary to reflect higher expenditures to provide additional spending authority to address the costs. For example, without the amendments, he did not have the spending authority to address the City Attorney’s November or December bills or any other unanticipated legal costs. Councilmember Plunkett asked whether Mr. Hertrich could meet with Mr. Hines to review the expenditures for professional service, City Attorney expenditures, and in the multimodal fund. Mr. Hines agreed he could. Mr. Hines explained the budget establishes the level at which revenues can be collected and funds expended. A budget amendment is required to change those levels. In response to Mr. Hertrich’s comment regarding the Multimodal Fund, Mr. Hines explained there was revenue authority to collect $3.1 million and authority to spend $3.1 million. The reality is approximately $761,000 has been expended from the Multimodal Fund in 2009 and $807,000 has been collected. The third quarter report reflects those figures. Mayor Haakenson explained in response to Council questions, detail regarding the additional $150,000 in City Attorney fees had been provided. He encouraged Councilmembers to share that information with constituents who inquire. With regard to the Multimodal Fund, he explained a full report was prepared in response to Finis Tupper’s public record request for an itemization of all Edmonds Crossing expenditures. He suggested Mr. Hertrich obtain that information from Mr. Tupper. Councilmember Orvis commented his understanding was the budget was a cap on the expenditures for each fund and not necessarily a cap on revenue collected. Mr. Hines answered the cap was on revenue collected as well as expenditures. Councilmember Orvis asked why the ending cash balance in 2009 did not match the beginning cash for 2010. Mr. Hines explained the 2010 budget was developed in 2008 along with the 2009 budget. Initial amendments were being made to the 2010 budget and he would return to the Council with additional amendments following his analysis to true up the 2009 budget to the 2010 Packet Page 16 of 233 Edmonds City Council Draft Minutes December 15, 2009 Page 14 budget. Councilmember Orvis observed the next agenda item was to provide enough expenditure and revenue authority to function. Mr. Hines agreed, noting the intent in 2010 was to provide a budget amendment every quarter if needed. Councilmember Wambolt advised the REET projection provided at the December Finance Committee meeting is $548,000. As only one month remains to receive REET revenue, he did not anticipate it would reach $750,000. The 2010 REET revenue is projected at a higher amount because that reflects the amount budgeted in the original 2009/2010 budget. Mr. Hines commented that would likely be adjusted when he completed his analysis of the 2009 ending fund balance. COUNCILMEMBER PLUNKETT MOVED, SECONDED BY COUNCILMEMBER WAMBOLT, TO ADOPT ORDINANCE NO. 3770, AMENDING ORDINANCE NO. 3711 AS A RESULT OF UNANTICIPATED TRANSFERS AND EXPENDITURES OF VARIOUS FUNDS, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE Council President Wilson expressed his appreciation for Mr. Hines’ clarifying comments. He recalled the adopted 2009/2010 budget included a note that the Council would pursue a levy because the Council was concerned with the 2009/2010 budget without a fix such as a levy. However, the Council did not foresee the Fire District 1 contract. Those two changes were so important to this budget that before he could approve the amendments, he needed to spend more time reviewing the implications of the 2009 budget on 2010 as well as have a Council-driven conversation about the 2010 finances. For that reason he planned to vote against the motion. MOTION CARRIED (4-2), COUNCIL PRESIDENT WILSON AND COUNCILMEMBER BERNHEIM VOTING NO. 9. PUBLIC HEARING ON THE MID-BIENNIAL BUDGET REVIEW AND MODIFICATION: ORDINANCE MODIFYING THE 2010 BUDGET AS ADOPTED BY REFERENCE IN ORDINANCE NO. 3711. Finance Director Lorenzo Hines explained this was the introduction to the 2010 fiscal year. This represents the 2010 budget passed as part of the biennial budget approved in 2008 with two adjustments, 1) a $12,000 reduction in property taxes and 2) to reflect the Fire District 1 savings of $1.9 million. When staff completes their analysis of the 2009 actuals, he will return with an amendment if necessary for 2010 during the first quarter of 2010. Mayor Haakenson asked if the changes in revenue and expenditures made last spring in the 2009 budget were included. Mr. Hines answered they were not. Mayor Haakenson pointed out for example the REET revenue had not been adjusted based on the adjustments made in 2009. He advised the changes made to the 2009 budget would be reflected in the 2010 budget via an amendment in the first quarter of 2010. Councilmember Plunkett asked why those amendments had not yet been made. Mr. Hines responded because 2009 had not yet concluded. In order to make substantive changes, the prior fiscal year must be completed to allow a complete analysis of revenues and expenditures. Councilmember Plunkett questioned why the cuts made in spring 2009 had not been factored into the 2010 budget. Mayor Haakenson answered the cuts made in spring 2009 such as eliminating funding of Yost Pool were not in the 2010 budget. In addition, there were no furloughs in the 2010 budget. Council President Wilson asked whether the revenues from the sale of assets to Fire District 1 were placed into the General Fund for general operations. Mr. Hines answered yes. Councilmember Bernheim asked why the 2009 ending balance in Fund 001, General Fund, of $1,052,000 did not match the 2010 beginning General Fund balance of $1,273,000. Mr. Hines answered the General Packet Page 17 of 233 Edmonds City Council Draft Minutes December 15, 2009 Page 15 Fund beginning balance in the 2010 budget was developed and approved in late 2008 and has not yet been adjusted for activity in 2009. That figure will be adjusted during the first quarter of 2010. Councilmember Bernheim referred to the 2009 ending balance in Fund 125, REET II, of $450,000 which does not match the 2010 beginning balance. Mayor Haakenson explained the 2010 beginning balance for Fund 125 reflected the number in the 2009/2010 budget when it was adopted in 2008. That number would be adjusted, likely to the amount in the 2009 budget during the first quarter of 2010. This was the starting point in the 2010 budget approved by the Council in 2008. Councilmember Wambolt asked why the Council was considering the 2010 budget. Mr. Hines advised State law requires a biennial review. Council President Wilson commented the Council adopted the 2009/2010 budget and had the authority to amend the budget at any time. He asked whether the Council had the legal authority to amend the 2010 budget during 2009. Mr. Hines agreed the Council could amend 2010 budget but it would not be prudent because there was no data to substantiate amendments to the 2010 budget. Council President Wilson asked whether for policy planning purposes, it would be appropriate whenever an ending cash balance adjustment was made to 2009, it would automatically make a change to the beginning cash of 2010. Mr. Snyder read the provisions in RCW 35A.34.130 that require a mid-biennial review no sooner than eight months and no later than the conclusion of the first year. He acknowledged the numbers were soft and would likely require adjustment in the first quarter of 2010. Council President Wilson commented the RCW required the biennial review by the end of the year but it did not require it be done with the prior year’s numbers. Mr. Snyder agreed the best numbers available should be used. Council President Wilson concluded the policy question was what were the best numbers; in his opinion the best numbers available were not those approved in November 2008. Councilmember Peterson commented although the 2010 numbers were not good, the current 2009 ending cash numbers were only slightly better. The Council will be amending the 2010 numbers in the first quarter. He anticipated that using the original 2010 numbers provided a better picture than if incremental adjustments had been made to the 2010 budget throughout 2009. Council President Wilson agreed with Councilmember Peterson, clarifying although the 2010 numbers were not very good, the 2009 numbers were not perfect and a budget amendment would be required in the first quarter of 2010. However, he preferred to take the time to ensure the numbers were good and risk being out of compliance with the State’s biennial review requirement. Councilmember Peterson asked whether the State statute required that the mid-biennial review be a public hearing. Mr. Snyder answered a public hearing was required. He advised the biennial budget process included a series of reviews and adjustment over that two year period. Mayor Haakenson advised these were good numbers, they were the numbers adopted by the Council in the 2009/2010 budget. They simply had not been adjusted yet but would be during the first quarter of 2010. Mayor Haakenson opened the public participation portion of the public hearing. Lora Petso, Edmonds, reiterated her question why the Council would approve a REET revenue budget of $369,000 when year-to-date receipts exceeded that amount. She noted that contributed to a false number at the end of 2009 that would require adjustment to the beginning balance of 2010. She advised the information regarding the 2009 REET revenue was provided by staff in response to her public record request. She assured she would not sue the City for using budget numbers that later turned out to be Packet Page 18 of 233 Edmonds City Council Draft Minutes December 15, 2009 Page 16 wrong even if she disagreed that they were reasonable. However, she preferred the City use actual numbers when the actual dollars have been received. She questioned the benefit of not including accurate numbers other than potentially misinforming the public. Roger Hertrich, Edmonds, reiterated his question about the Multimodal Fund, the $361,000 expenditure, the availability of $339,000 in professional services and the $22,395 interfund transfer. He expressed concern that his question was avoided and he was referred to Mr. Tupper for information. Hearing no further comment, Mayor Haakenson closed the public hearing. In response to Mr. Hertrich’s inquiry regarding the Multimodal Fund, Mr. Hines offered to provide Mr. Hertrich with a copy of staff’s response to Mr. Tupper’s public records request that explains how all moneys in the Multimodal Fund were received and expended. In response to Ms. Petso’s questions, Mr. Hines explained in his professional opinion the 2010 numbers should not be adjusted until further data from 2009 was available. The proposed amendments were ones that could be made based on the data available. COUNCIL PRESIDENT WILSON MOVED, SECONDED BY COUNCILMEMBER PETERSON, TO EXTEND THE MEETING FOR ONE HOUR. MOTION CARRIED (5-1), COUNCILMEMBER BERNHEIM VOTING NO. Council President Wilson asked if the REET Fund should be updated as stated by Ms. Petso. Mr. Hines responded he was not aware of the information Ms. Petso obtained via her public records request. Council President Wilson anticipated the information Ms. Petso obtained was from the Finance Office. He inquired about the amount of REET collections to date. Mr. Hines answered he did not have that information available to him tonight. Council President Wilson was frustrated with voting on REET amounts that he did not have 100% confidence in. Mr. Hines reiterated the numbers could be adjusted in the first quarter of 2010. Councilmember Wambolt commented the REET collections were a matter of timing. He agreed it would be preferable to have updated amounts for the REET fund for 2010. The $369,000 Ms. Petso referred to was from the 3rd Quarter Report which did not include REET funds collected in the 4th quarter. COUNCILMEMBER ORVIS MOVED, SECONDED BY COUNCILMEMBER PLUNKETT, TO ADOPT ORDINANCE NO. 3771, MODIFYING THE 2010 BUDGET AS ADOPTED BY REFERENCE IN ORDINANCE NO. 3711, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. Council President Wilson referenced concerns he had expressed previously and added it was a mistake for corporations, households or a municipal government to place proceeds from the sale of assets into an operating fund. He was concerned with adopting this ordinance when there was a 25% variance between the 2009 ending cash balance and the 2010 beginning cash balance. He did not support the motion. Mayor Haakenson pointed out the Council previously approved placing the sale of the Fire Department assets into the General Fund. Council President Wilson reiterated his disagreement with that policy. MOTION CARRIED (4-2), COUNCIL PRESIDENT WILSON AND COUNCILMEMBER BERNHEIM VOTING NO. Mayor Haakenson declared a brief recess. Packet Page 19 of 233 Edmonds City Council Draft Minutes December 15, 2009 Page 17 10. PUBLIC HEARING REGARDING THE CENTRAL PUGET SOUND GROWTH MANAGEMENT HEARINGS BOARD FINAL DECISION AND ORDER OF ORDINANCE NO. 3717, THE EDMONDS CITY COUNCIL ADOPTION OF THE UPDATED 2001 PARKS, RECREATION & OPEN SPACE COMPREHENSIVE PLAN.  PUBLIC HEARING REGARDING THE RECOMMENDATION OF THE HEARING EXAMINER'S REPORT RELATED TO THE ABANDONMENT OF A PORTION OF THE OLD WOODWAY ELEMENTARY SCHOOL FACILITY.  THE 2008 PLAN REVISES AND UPDATES THE CITY'S PARK LAND INVENTORY TO REFLECT ACQUISITIONS AND DELETE EXPIRED OR TERMINATED INTERLOCAL AGREEMENTS. Parks & Recreation Director Brian McIntosh explained with two exceptions the Central Puget Sound Growth Management Hearings Board found the City's unanimous decision to adopt the 2008 Parks Plan valid and within the Council's legislative discretion. In response to the Board's Final Decision and Order, the City was remanded to, 1) conduct an additional public hearing regarding changes to the Parks Plan which was accomplished October 20, 2009, and 2) appear before the Hearing Examiner regarding the consistency of the Parks Plan with the City Comprehensive Plan Policy B, page 2, in regard to park abandonment. A hearing was conducted before the Hearing Examiner on November 19, 2009 and the Advisory Report to City Council outlines the Hearing Examiner's conclusions that the City has demonstrated consistency with the 2008 Comprehensive Plan. Staff’s recommendation is to accept the Hearing Examiner's Advisory Report and Conclusions and confirm by adoption of an ordinance confirming the 2008 Parks Plan and a resolution terminating the 1997 Interlocal Agreement (ILA). Councilmember Plunkett asked whether accepting the Hearing Examiner's Advisory Report and Conclusions and confirm by adoption of an ordinance confirming the 2008 Parks Plan and a resolution terminating the 1997 ILA eliminated the Council’s ability to purchase the land west of Hickman Park. City Attorney Scott Snyder answered it did not. Councilmember Bernheim asked if the ILA for the property expired according to its terms. Mr. Snyder answered there were two ILAs, one expired on its own terms and the other that addressed the City’s obligation to maintain a playfield and use School District property was terminated by the other two parties, the School District and Snohomish County. The Council’s vote to terminate the ILA ended in a 3-3 tie and did not pass. The Council vote occurred prior to the purchase of the half the property by the City. Councilmember Bernheim asked the contract term of the second ILA. Mr. Snyder answered it was indefinite. Mayor Haakenson opened the public participation portion of the public hearing. Lora Petso, Edmonds, commented the answers provided to the Council questions were not entirely correct and she urged the Council not to take action tonight to allow her time to research the Council questions. She explained the Council was ordered to follow the Comprehensive Plan which requires a public hearing before abandoning property. The GMHB agreed with her that by writing the park out of the 2008 Comprehensive Plan it appeared the City was trying to abandon the property. The Hearing Examiner hearing was not properly noticed and several participants including Mr. Hertrich and she did not know if they were supposed to address the ILAs or consistency with the Comprehensive Plan. She observed the Hearing Examiner noted in connection with Comprehensive Plan consistency that on page 62 of the Comprehensive Plan all feasible means should be used to preserve the following open spaces, land that would have unique suitability for further recreational uses both passive and active. The Hearing Examiner also found this property was uniquely suitable for recreation. She pointed out abandonment of Packet Page 20 of 233 Edmonds City Council Draft Minutes December 15, 2009 Page 18 a park was consistent with doing everything feasible to preserve it. She recalled Mr. McIntosh citing the need for playfields numerous times and that there are no large undeveloped parcels suitable for fields. Ms. Petso urged the Council not to reaffirm the 2008 Comprehensive Plan amendment and instead pass a motion stating they did not want to abandon the park and planned to amend the Park Plan to restore potential acquisition of the park to the plan and to list the playfield in the field inventory. She disagreed with the finding that staff’s recommendation that the 2008 Comprehensive Plan would not impact the appropriate balance of land uses in the City, pointing out it converted much-needed full size playfields in unneeded housing. She expressed concern with the second ordinance that terminates the 1997 ILA for Madrona playfields via approval of the 2008 Park Plan, pointing out the 1997 ILA covered both Sherwood Park and Madrona. She referred to the requirement in the Comprehensive Plan to do everything feasible, pointing out it was feasible to put the park back into the plan. To Councilmember Bernheim’s question, she pointed out the 1997 ILA did not expire on its own terms, it has a 10 year minimum term and cannot be terminated without the same formalities used to put it into place, approval by the three legislative bodies. Colin Southcoat Want, Edmonds, urged the Council not to terminate the ILAs that provide for playfield usage at the Old Woodway Elementary School. He pointed out when the development company purchased the property, they knew they were buying playfields and the property description listed the ILAs. He recalled a few years ago the Council voted not to terminate the ILAs. He urged the Council to take a stand to do something special for future generations. To remove the ILAs that protect this prime playfield property from development would be a travesty. He recommended the Council retain the ILAs and the option to purchase the land. He commented on the lack of playfields in the City. Roger Hertrich, Edmonds, commented this public hearing was not on the Hearing Examiner’s recommendation on the ILA but the GMHB’s finding that there was improper notice and consistency with the Comprehensive Plan abandonment policy. He pointed out the Hearing Examiner provided a review and recommendation regarding termination of the ILA; however, it was advertised as a decision on consistency with the Comprehensive Plan. The notices were later corrected to reference abandonment. He recalled asking the Hearing Examiner whether the topic was abandonment or the ILA; she did not answer his question and made a decision on the ILA. He summarized the notices were incorrect and the Hearing Examiner mixed and matched the subject which invalidated her determination. Hearing no further comment, Mayor Haakenson closed the public hearing. City Attorney Scott Snyder explained the GMHB’s order was that the Council complete its actions by December 15 and report to the Board. To fill a need in a neighborhood, the City Council purchased a 5+ acre park to replace the temporary arrangement for the use of two playfields. The Council unanimously approved a Comprehensive Park Plan amendment that confirms that. The GMHB ruled that two steps needed to be done and the plan was returned to the Council for confirmation. He requested the Council identify any changes at the October 20 public hearing to allow readvertising; no changes were requested. With regard to a park or playfield, he explained the hearing was advertised with regard to the City’s interest which was two ILAs. A decision was made not to request reconsideration of the GMHB’s decision. He summarized the notice accurately portrayed the City’s interest; it would have been confusing if the notice stated abandonment of a park where no parks exists. Councilmember Plunkett asked whether the plan could be amended to reference potential acquisition of land west of Hickman Park. Mr. Snyder responded a motion could be made to schedule that for next year. If the Council wanted to amend the plan, public notification would be required. He explained the Park Plan, Capital Facilities Plan and Transportation Plan must be internally consistent and it was too late to make piecemeal amendments this year. Packet Page 21 of 233 Edmonds City Council Draft Minutes December 15, 2009 Page 19 Councilmember Plunkett observed any amendments to the Park Plan would require another public hearing. Mr. Snyder responded if the Council wanted to amend the plan, they should direct him to petition the GMHB for additional time. Councilmember Plunkett asked what happened if the Council did not act tonight. Mr. Snyder responded the Council would be in violation of the GMHB’s order and he would need to petition the Board for additional time to hold an additional public hearing. The alternative would be to consider amendments next year. Council President Wilson observed the appeal to the GMHB upheld 2 of the 50 counts. The GMHB required an appropriately noticed public hearing and reaffirmation of the Park Plan. The Council previously took the position that adoption of the Park Plan also terminated the ILA but the GMHB was now requesting specific action to terminate the ILA. Mr. Snyder clarified that because there was no record of the substitution of the park for the ILAs, the Hearing Examiner’s review and recommendation was required. Council President Wilson commented in reviewing the Hearing Examiner recommendation it appeared that because it was no longer public property, it could not be used for playfields unless the City purchased it and because the City did not own it, the City could not maintain it and should not have an ILA for that responsibility and should terminate the ILA. Mr. Snyder clarified assuming abandonment had occurred by the wording in the 2008 Comprehensive Plan, the question was whether abandonment was consistent with the Parks Plan. The Hearing Examiner’s analysis determined it was that because the playfields had been replaced with a park, and agreements with other agencies were provided for in the Comprehensive Plan. The GMHB previously confirmed that was within the Council’s legislative discretion and the way the Plan was established, that the City did not obligate itself to purchasing specific parcels. If the Council affirmed the 2008 Plan, Council President Wilson observed the Council should also terminate the ILA. If the Council made any changes to the Park Plan such as returning the property to the list of potential acquisitions, it was still not appropriate to retain the ILA because the City was no longer maintaining the property. Mayor Haakenson pointed out the School District and Snohomish County were no longer involved so there were no one to have an ILA with. Councilmember Bernheim inquired about maintenance of the Madrona fields if this ILA were terminated. Mr. McIntosh explained the ILA with the School District was for both the old Woodway Elementary and the Madrona sites. The City still maintains and schedules the Madrona property. Councilmember Bernheim commented the issue of terminating the ILA was not presented to the Council prior the sale of the property. When the Council made a decision not to purchase all the property and did not consider whether to terminate the ILA, it raised the problem of the property had been sold by the School District but the ILA was never formally terminated. Mr. Snyder pointed out the ILA was terminated by the other two parties; the City received a resolution from the School District surplusing the property. The City entered into applications for grant funds with Snohomish County and negotiations with the School District to purchase the site. He pointed out the assumption that because the City only purchased 5+ acres it was not preserving open space; staff viewed it as replacing permissive use of playfields owned by the School District with a 5+ acre park. Councilmember Bernheim expressed interest in acquiring the remaining property but preferred that be done via amendment to the Park Plan versus refusing to terminate the ILA. COUNCIL PRESIDENT WILSON MOVED, SECONDED BY COUNCILMEMBER BERNHEIM, TO ADOPT RESOLUTION NO. 1215 TERMINATING A 1997 INTERLOCAL AGREEMENT AND ACKNOWLEDGING EXPIRATION OF A 1999 INTERLOCAL AGREEMENT. Councilmember Bernheim proposed a friendly amendment to keep the ILA in place for Madrona School. Packet Page 22 of 233 Edmonds City Council Draft Minutes December 15, 2009 Page 20 Councilmember Plunkett recalled he was in the minor opinion with regard to purchasing the park property; he preferred to purchase the entire 10 acres. Although it may be easier do next year, he preferred to state the Council’s interest in acquiring the property via the ILA. Therefore, he would not support the motion. Mr. Snyder suggested the friendly amendment revise the language in Section 1, line 2 of the resolution “accepts termination of the 1997 ILA as to the old Woodway Elementary site.” Mr. Snyder advised the School District had already terminated the ILA. He suggested initiating discussion with the School District regarding a new ILA for the Madrona. Mr. McIntosh offered to confer with the Edmonds School District regarding whether the ILA for Madrona School had been terminated along with the ILA for old Woodway Elementary School. Mayor Haakenson summarized if the ILA for Madrona had been terminated, staff would initiate a new ILA. MOTION CARRIED (4-2), COUNCILMEMBERS PLUNKETT AND ORVIS VOTING NO. COUNCIL PRESIDENT WILSON MOVED TO ADOPT ORDINANCE NO. 3772, REAFFIRMING THE ADOPTION OF THE 2008 PARK PLAN, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. MOTION CARRIED (4-2), COUNCILMEMBERS PLUNKETT AND ORVIS VOTING NO. COUNCILMEMBER WAMBOLT MOVED, SECONDED BY COUNCILMEMBER PETERSON, TO EXTEND THE MEETING UNTIL 11:30 P.M. MOTION CARRIED UNANIMOUSLY. 11. CONTINUED PUBLIC HEARING ON THE CAPITAL FACILITIES PLAN ELEMENT UPDATE FOR 2010-2015 TO THE CITY'S COMPREHENSIVE PLAN. THE PROPOSAL UPDATES THE CITY'S CAPITAL FACILITIES PLAN TO INCLUDE IMPROVEMENTS, ADDITIONS, UPGRADES OR EXTENSIONS OF CITY INFRASTRUCTURE SUCH AS TRANSPORTATION, PARKS, STORMWATER, SEWER AND WATER SYSTEMS ALONG WITH OTHER PUBLIC FACILITIES NECESSARY TO IMPLEMENT THE CITY'S COMPREHENSIVE PLAN; INCORPORATES PROJECTS FROM THE RECENTLY UPDATED TRANSPORTATION AND PARKS PLAN ELEMENTS; ADDS ADDITIONAL CAPITAL PROJECTS WHICH EXTEND BEYOND 2015, AND SEPARATES THE MAINTENANCE, REPLACEMENT AND PRESERVATION PROJECTS FROM THE CAPITAL FACILITIES PLAN ELEMENT AND INTO A SEPARATE CAPITAL IMPROVEMENTS PLAN. Public Works Director Noel Miller explained the Capital Facilities Plan (CFP) was required by the GMA to identify and plan for capital projects that support the City’s plans to accommodate growth. Planning Manager Rob Chave provided historical context, explaining the Edmonds’ CIP (Capital Improvements Program) dates from 1973. The GMA-required CFP dates from the 1995 Comprehensive Plan. Although the terms CIP and CFP have been used interchangeably, the reasons for doing them – and the requirements – are different With regard to the CIP, Mr. Chave explained the CIP identifies improvements tied to a 5-year project and funding schedule. It is a budgeting tool intended to tie budget decisions to 5-year project needs. The CIP includes capital and maintenance items related to various utility and special funds. The CFP dates from City’s first GMA Comprehensive Plan which was completed in 1995. The CFP identifies improvements tied to a 6-year project and funding plan and is in response to a GMA mandate. Since City already had 5- year CIP, the “easy” solution was to add another year and adopt the CIP as the GMA-mandated CFP. Packet Page 23 of 233 Edmonds City Council Draft Minutes December 15, 2009 Page 21 Mr. Chave identified components found only in the CIP (6-year maintenance projects with funding sources), only in the CFP (long range [20 year] capital needs, and in both the CIP and CFP (6-year capital projects with funding sources. He provided a comparison of the CIP to the CFP: CIP CFP Mandate? None GMA Reason? Budget GMA Time Frame? 6-year 6-year, 20-year Include Capital? Yes Yes Include Maintenance Yes No With regard to what’s different this year, Mr. Miller explained in the past, the CFP was equal to the CIP. This year the CFP is being separated to simply address GMA requirements. The CFP now includes long- range capital projects in addition to the required 6-year capital funding list. Preservation and maintenance projects are not part of the CFP, but are still part of the CIP. He explained the change was necessary because the GMA Capital Facilities Plan procedures are restrictive and provide less flexibility (e.g. amend only once per year or with budget amendment). The GMA only requires updating the CFP biennially (WAC 365-195-315). The CIP is a financial budgeting tool and logically should not be tied to a land use/GMA schedule. Mr. Miller reviewed the ideal annual plan coordination schedule that includes the City Council retreat, update of the Strategic Plan, budget, CIP, Transportation Benefit District (TBD), CFP and Comprehensive Plan. He summarized the CFP element can be amended on an ongoing basis throughout the year as part of an amendment to the City’s budget or an update to other Comprehensive Plan elements. He relayed the City Attorney’s recommendation to adopt the CFP update tonight to make it consistent with the changes made in the Transportation Plan element approved in October 2009 and the Parks Comprehensive Plan update approved December 2008. He advised the Council could address any unresolved concerns next year as part of the next update cycle. Councilmember Plunkett commented in order to include the Skipper’s site, the old Safeway property and the land west of Hickman Park in the CFP, they must be in the Park Plan. Mr. McIntosh pointed out the Park Plan already identifies the Downtown Waterfront Activity Center. Mr. Snyder clarified there was a starburst on the map that identified a need in that area; specific sites were not identified. Councilmember Plunkett commented the area west of Hickman Park was not identified in the Park Plan or the CFP. Mr. McIntosh agreed. Councilmember Plunkett observed projects could be incorporated into the CFP via a budget amendment in 2010. Councilmember Orvis asked whether there was enough time to add projects to the CFP if the Council wanted to ask the voters to increase the TBD vehicle license fee. Mr. Snyder advised all the plans needed to be consistent and there was not enough time this year to amend the plans. Because the CFP referenced the TBD, Council President Wilson asked whether a similar plan needed to be adopted at the TBD level. Mr. Snyder answered no, the TBD adopted a project plan for street maintenance items that are not on the CFP. Council President Wilson asked whether the TBD had bonding capacity. Mr. Snyder answered it did. Council President Wilson commented although there were no plans for a TBD bond, were there any Packet Page 24 of 233 Edmonds City Council Draft Minutes December 15, 2009 Page 22 projects in the CFP items that could be funded via a bond. Mr. Snyder answered the TBD would need to be reconstituted as capital projects were not its current purpose. He explained TBDs were originally envisioned to fund large projects. Councilmember Bernheim observed a roundabout at Five Corners in the amount of $1.9 million was included in the CFP. Observing there may be projects other than the roundabout that he would rather fund during the next 5-10 years, he asked whether staff would object to removing the roundabout from the CFP. Mr. Miller answered the Transportation Plan update also included the roundabout; if it were removed from the CFP, the plans would not be consistent. He pointed out the roundabout project was scheduled in 2015 thus there was adequate time for the Council to reassess its project priorities. Councilmember Bernheim asked how a project could be removed from any of the plans without the plans being inconsistent. Mr. Miller suggested beginning the process by review of the TBD funding mechanism next year with the Transportation Committee to develop a list of prioritized projects. If the public approved an increase in the TBD vehicle license fee, the Transportation Plan and the CFP could be updated to reflect the changes. Community Services/Economic Development Director Stephen Clifton commented if the Council planned to consider any zoning changes that would intensify development at the Five Corner intersection, the roundabout was a primary traffic mitigation feature and will be used to allow traffic to flow more smoothly as development intensified. Mayor Haakenson opened the public participation portion of the public hearing. Don Fiene, Edmonds, member of the Transportation Committee, commented the CIP/CFP was the most important plan Engineering prepared. As a primarily built out city, attention needed to be given to the aging infrastructure. He urged the Council to consider the CFP mid-year so that it could be considered along with the budget. He reiterated the comments made by members of the Transportation Committee last week that the Council needed to develop a transportation funding plan whether it was a TBD or other mechanism. He expressed concern with the overlay cycle and the lack of sidewalks near schools, commenting Edmonds could not consider itself sustainable if people in certain areas had to drive to leave their neighborhood such as Meadowdale and Seaview. With regard to stormwater, he referred to two projects that had been designed but were not being constructed due to a lack of funding. He summarized water, sewer, stormwater and transportation are services residents depended on daily. Over the last 30 years the City has been doing regular water line replacement; this has not been done for the past 2 years. With 130 miles of water line with a life expectancy of 100 years, the City needed to replace 1.3 miles every year. He reiterated the need for funding for these programs and making capital improvements a priority. Lora Petso, Edmonds, commented the Council was being told if they made any changes to the CFP, it would be inconsistent with the previously adopted plans; however, she felt unless the Council made changes to the CFP it would be inconsistent with previously adopted plans. For example, the Park Plan has line items for miscellaneous park acquisition and waterfront acquisition; there is no such project in the CFP. She pointed out a project could not be funded with REET funds unless it was included in the CFP. She recalled assurance from Parks staff during the GMHB hearings that the City would acquire parks; however, if the Council adopted the CFP with no park acquisition, it appeared the City was not planning to acquire parks. The CFP also needed a needs assessment or a facilities inventory and recommended the CFP adopted the other plans as part of the CFP so that the missing elements were provided. She referred to the existing Capital Facilities Element in the Comprehensive Plan that included policies regarding essential public facilities and hoped the proposed list of projects would not replace the existing element. She was also concerned with stormwater projects, noting one of the projects on 238th appeared to dump the water into the new facility under Hickman Park and she suspected the overflow would be Woodway Meadows. She commented the new stormwater system in that area was not working well. Packet Page 25 of 233 Edmonds City Council Draft Minutes December 15, 2009 Page 23 Roger Hertrich, Edmonds, expressed concern that park acquisition was not included in the CFP. He commented the “purple starburst” identifying the Downtown Waterfront Activity Center did not adequately describe the boundaries of that area. He expressed concern with several projects in the CFP including the roundabout at Five Corners, signals at 9th & Walnut, 9th & Main and 9th & Caspers, the cost range for the aquatics center, and the estimated cost of the civic center playfield. He recommended the City work with the School District to identify the old Woodway High School as a possible site for an aquatics center. Hearing no further comment, Mayor Haakenson closed the public hearing. In response to Ms. Petso’s comment regarding inconsistency between the CFP and the Parks Plan, Mr. Snyder explained the City has aspirational goals with regard to park acquisition and identified general areas/needs. The CFP identifies specific funding projects. The GMHB found that was not inconsistent as there was nothing in the GMA that requires a city to identify targeted parks; a city can take advantage of opportunities as they arise. He agreed if the Council wanted to purchase property, the CFP would need to be amended to add that property as well has have a public hearing before the Hearing Examiner. With regard to the stormwater concerns, Mr. Miller explained the Stormwater Comprehensive Plan was currently being updated and he anticipated it would be presented to the Council for review by the end of first quarter 2010. Councilmember Plunkett asked if staff had investigated the 238th stormwater system. Mr. Miller offered to check the system during the next heavy rain. In response to Mr. Hertrich’s comment that the purple starburst was not defined, Mr. McIntosh agreed it was not defined in the Parks Plan but it was defined in the Comprehensive Plan as the Downtown Waterfront Activity Center. He commented the City had been aggressive about obtaining properties in the past few years including property in Shell Creek, Old Mill Town, and Hickman Park. When opportunities arise, the Council has the opportunity to make purchases if adequate resources or grant funds are available. For example, the City received $1.7 million in grant funds to assist with the purchase of Hickman Park, a record amount for a neighborhood park. The emphasis in the Parks Plan, identified via surveys, the advisory group and recent trends in parks and recreation, is to partner with other entities primarily the School District to improve existing properties. COUNCILMEMBER PLUNKETT MOVED, SECONDED BY COUNCILMEMBER BERNHEIM, TO EXTEND THE MEETING FOR 30 MINUTES. MOTION CARRIED UNANIMOUSLY. Council President Wilson observed the CFP budgeted funds in 2012 for a signal 88th/196th Street intersection although the consultant stated it did not meet the State’s warrants. Mr. Miller responded if the intersection did not meet the warrants by 2012 other projects would be considered if adequate funding was available. Transportation Engineer Bertrand Hauss explained the intersection was identified as a level of service F and an existing concurrency project. Therefore staff will continue to check whether the intersection meets the warrants in future years. COUNCILMEMBER PLUNKETT MOVED, SECONDED BY COUNCILMEMBER WAMBOLT, TO APPROVE THE CAPITAL FACILITIES UPDATE. Councilmember Bernheim explained he would support adoption but planned to review the plan more closely next year in an effort to prioritize projects, tie them to available funds and include other projects such as parks. He summarized the projects that he had concerns with were far enough in the future that there was time to stop them if necessary. Packet Page 26 of 233 Edmonds City Council Draft Minutes December 15, 2009 Page 24 Planning Manager Rob Chave encouraged the Council to conduct a strategic planning process at the retreat. MOTION CARRIED UNANIMOUSLY. Council President Wilson commented he had a number of reservations about the CFP. There were policy implications in the CFP that the Council had not fully vetted. There was no mention of Yost Pool but there was mention of a new pool. There was a $150,000 expenditure next year for 4th Avenue when those funds could be spent on sidewalks. He suggested the Council’s review of the CFP occur earlier next year. 12. ORDINANCE AMENDING THE COMPREHENSIVE PLAN TO UPDATE THE CAPITAL FACILITIES ELEMENT FOR 2010-2015. City Engineer Rob English explained this ordinance adopts the Capital Facilities Plan the Council approved as an amendment to the Comprehensive Plan. COUNCILMEMBER PLUNKETT MOVED, SECONDED BY COUNCILMEMBER PETERSON, TO ADOPT ORDINANCE NO. 3773, AMENDING THE COMPREHENSIVE PLAN TO UPDATE THE CAPITAL FACILITIES ELEMENT FOR 2010 - 2015 AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. MOTION CARRIED UNANIMOUSLY. 13. AUDIENCE COMMENTS Mike Cooper, Edmonds, explained four days ago he received a letter from a wireless company stating their plan to replace a utility pole with an 88-foot pole that includes 3 antennas and possibly 1 microwave. He displayed an aerial photograph identifying the location of his home and the location of the pole. He was told that the same installation was attempted approximately ten years ago at a nearby church property and was moved to a more appropriate location atop a water tower. He relayed his neighbors’ and his concerns that the installation would lower property values, that it was more appropriate for a commercial or multi family zone where the height of the pole would be more suitable, and health risks of the RF signal in the microwave. He referred to an east-west easement on his property along the driveway for a pipe, advising the proposed installation included a 13x7 foot underground vault. He suggested, 1) the City revisit the existing codes with regard to installation of antennas in single family residential areas, and 2) the proposed pole be relocated to another area. Mayor Haakenson explained Clearwire proposed to replace a 70-foot PUD pole with a wood pole as required by the code. Clearwire is holding a neighborhood meeting on December 21, also a requirement in the City’s Code. Mayor Haakenson clarified the City could regulate the type of pole (wood), the height of the pole and the size of the equipment on the top of the pole and the equipment on the ground. He suggested the neighbors attend the December 21 meeting and request the pole be installed elsewhere. City Attorney Scott Snyder explained federal law prohibited the City from regulating health aspects. Lora Petso, Edmonds, thanked the Council for their work and commitment to the issues of the budget, parks, and the CFP; it was clear the public’s concerns had gotten through and there appeared to be an intent to address their concerns. She echoed the request of the Council to review the CFP earlier in the year. She was frustrated the GMHB issued a requirement that the Council obtain a recommendation from the Hearing Examiner; the Hearing Examiner gave a recommendation and the Council was not allowed to consider it tonight. She reiterated her question regarding how the Capital Facilities Plan affected the existing Capital Facilities element. She was hopeful the plan was simply added to the existing element. Packet Page 27 of 233 Edmonds City Council Draft Minutes December 15, 2009 Page 25 Roger Hertrich, Edmonds, agreed with Ms. Petso’s comments about the irregularities with regard to the Hearing Examiner. He thanked Mr. Clifton for providing him an answer regarding the $361,000 in the Multimodal Fund. 14. REPORT ON CITY COUNCIL COMMITTEE MEETINGS OF DECEMBER 8, 2009 Community Services/Development Services Committee Councilmember Orvis reported the Committee was provided a briefing on homeless shelters, an issue the Council discussed on tonight’s agenda. Next the Committee continued its discussion on bikini barista stands. The Committee discussed dogs and Sunset Beach and determined a person on the beach would have had to illegally cross the tracks; no action was taken on this item. The Committee also discussed removing colored utility markings; the Committee will continue to research this matter. Staff provided the Committee an update on the Stormwater Code. Next steps include State review and SEPA review before it is presented to the Council in 2010. Finance Committee Councilmember Plunkett reported the Committee was provided the Third Quarter Budget Report for 2009 as well as the General Fund Report for the month of November. Staff presented the 2010 Non- Represented Employee Pay Schedule; after conducting a salary survey, it was determined no changes were necessary. Staff also presented the 2010 Hourly Positions by Pay Grade, Title and Wage; after conducting a salary survey, several positions were downgraded. Public Safety Committee Councilmember Peterson reported the Committee reviewed several end-of-year housekeeping contracts that were approved on the Consent Agenda including the 2010 Addendum to Prisoner Detention Agreement with the City of Lynnwood, Kenneling Services Contract between Adix Bed and Bath for Dogs and the City, Contract for Fleet Services with Snohomish County Fire District 1, and Subscriber Agreement with Public Safety Testing, Inc. for Service Years 2010-2012. Fire staff reviewed Fire Department transition issues with the Committee. The Committee also discussed the City’s current ordinance on barking dogs and whether to reduce the number of complainants from three to two. It was agreed to leave the number at three and residents were encouraged to call 911 to report a barking dog as dispatchers prioritize calls. 15. MAYOR'S COMMENTS Mayor Haakenson expressed his appreciation to Councilmember Wambolt for his service and wished him well. 16. COUNCIL COMMENTS Council President Wilson echoed Mayor Haakenson’s comments to Councilmember Wambolt. Next, he commented that after requesting information from Human Resources regarding total compensation, he learned the City provides a 7.5% of salary contribution to their pension fund. He suggested the amount of the contribution be discussed during the budget process next year. He also expressed his appreciation for the opportunity to serve as Council President and for the Council’s work on sustainability that has made Edmonds a leader. He looked forward to sustainability being a continued part of next year’s agenda. He commented the Council had also been successful at elevating the City’s financial situation to the public. That will continue next year and he anticipated a return to an annual budget may be considered. Councilmember Peterson reiterated his thanks to Councilmember Wambolt and his appreciation for his hard work which was an example to all. He wished the Council and the public a Happy Holiday and Packet Page 28 of 233 Edmonds City Council Draft Minutes December 15, 2009 Page 26 looked forward to a successful 2010 with the Council and the Edmonds community. He emphasized the importance of homeless shelters and urged the public to reflect on those less fortunate. Councilmember Orvis thanked Councilmember Wambolt for his service and wished everyone a Merry Christmas. Councilmember Plunkett wished everyone Season Greetings and commented he would sincerely miss meeting with Councilmember Wambolt. Councilmember Bernheim echoed his earlier comments to Councilmember Wambolt. He thanked Council President Wilson for his service as Council President, particularly his work organizing the levy and creating the Economic Development Commission. Both had required a great deal of time and were very valuable at raising the public’s awareness of the City’s financial issues. Councilmember Wambolt thanked everyone for their kind comments, noting he would miss serving on the Council. He wished everyone a Merry Christmas and a Healthy and Successful 2010. Mayor Haakenson also wished everyone Happy Holidays. 17. ADJOURN With no further business, the Council meeting was adjourned at 11:55 p.m. Packet Page 29 of 233 AM-2705 4.C. Approval of Claim Checks and Payroll Direct Deposit and Checks Edmonds City Council Meeting Date:01/05/2010 Submitted By:Debbie Karber Submitted For:Lorenzo Hines Time:Consent Department:Finance Type:Action Review Committee: Committee Action:Approved for Consent Agenda Information Subject Title Approval of claim checks #115937 through #116129 dated December 17, 2009 for $855,651.44, #116130 through #116169 dated December 22, 2009 for $141,316.01, and #116170 through #116196 dated December 30, 2009 for $327,839.29. Approval of payroll direct deposit and checks #48955 through #48988 for the period of December 1 through December 15, 2009 for $820,485.52. Recommendation from Mayor and Staff Approval of claim checks and payroll direct deposit and checks. Previous Council Action N/A Narrative In accordance with the State statutes, City payments must be approved by the City Council. Ordinance #2896 delegates this approval to the Council President who reviews and recommends either approval or non-approval of expenditures. Fiscal Impact Fiscal Year:2009 Revenue: Expenditure:$2,145,292.26 Fiscal Impact: Claims: $1,324,806.74 Payroll: $820,485.52 Attachments Link: Claim cks 12-17-09 Link: Claim cks 12-22-09 Link: Claim cks 12-30-09 Form Routing/Status Route Seq Inbox Approved By Date Status Packet Page 30 of 233 Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 12/30/2009 09:46 AM APRV 2 Mayor Gary Haakenson 12/30/2009 10:14 AM APRV 3 Final Approval Sandy Chase 12/30/2009 11:02 AM APRV Form Started By: Debbie Karber  Started On: 12/30/2009 09:15 AM Final Approval Date: 12/30/2009 Packet Page 31 of 233 12/17/2009 Voucher List City of Edmonds 1 12:20:29PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 115937 12/17/2009 061029 ABSOLUTE GRAPHIX 1209645 T-SHIRTS T-SHIRTS FOR PICKLEBALL, VOLLEYBALL AND 001.000.640.575.520.310.00 236.05 9.5% Sales Tax 001.000.640.575.520.310.00 22.42 Total :258.47 115938 12/17/2009 069157 AIONA, CYNDI AIONA11679 HULA CLASSES HULA KIDS #11679 001.000.640.574.200.410.00 315.00 HULA ADULT #11682 001.000.640.574.200.410.00 252.00 Total :567.00 115939 12/17/2009 066417 AIRGAS NOR PAC INC 101175454 M5Z34 CAL GAS 411.000.656.538.800.310.22 25.00 9.5% Sales Tax 411.000.656.538.800.310.22 2.38 M5Z34101184405 CYLINDER RENTAL 411.000.656.538.800.450.21 56.52 9.5% Sales Tax 411.000.656.538.800.450.21 5.37 Total :89.27 115940 12/17/2009 000850 ALDERWOOD WATER DISTRICT 8788 Monthly Wholesale Water Charges for Monthly Wholesale Water Charges for 411.000.654.534.800.330.00 99,766.12 Total :99,766.12 115941 12/17/2009 061540 ALLIED WASTE SERVICES 0197-001164417 FIRE STATION #20 FIRE STATION #20 001.000.651.519.920.470.00 120.79 1Page: Packet Page 32 of 233 12/17/2009 Voucher List City of Edmonds 2 12:20:29PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 115941 12/17/2009 (Continued)061540 ALLIED WASTE SERVICES Public Works Facility0197-001164504 Public Works Facility 001.000.650.519.910.470.00 24.47 Public Works Facility 111.000.653.542.900.470.00 92.97 Public Works Facility 411.000.654.534.800.470.00 92.97 Public Works Facility 411.000.655.535.800.470.00 92.97 Public Works Facility 511.000.657.548.680.470.00 92.97 Public Works Facility 411.000.652.542.900.470.00 92.97 F/S #160197-001164574 garbage for F/S #16 001.000.651.519.920.470.00 125.97 garbage for MCC0197-001165241 garbage for MCC 001.000.651.519.920.470.00 57.40 Total :793.48 115942 12/17/2009 069751 ARAMARK 655-4642932 UNIFORM SERVICES PARK MAINTENANCE UNIFORM SERVICES 001.000.640.576.800.240.00 34.04 9.5% Sales Tax 001.000.640.576.800.240.00 3.23 Total :37.27 115943 12/17/2009 069751 ARAMARK 655-4630877 21580001 UNIFORM SERVICE 411.000.656.538.800.240.00 92.51 9.5% Sales Tax 411.000.656.538.800.240.00 8.79 2Page: Packet Page 33 of 233 12/17/2009 Voucher List City of Edmonds 3 12:20:29PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 115943 12/17/2009 (Continued)069751 ARAMARK 21580001655-4642936 UNIFORM SERVICE 411.000.656.538.800.240.00 92.51 9.5% Sales Tax 411.000.656.538.800.240.00 8.79 Total :202.60 115944 12/17/2009 069751 ARAMARK 655-4610907 Street / Storm Uniform Svc Street / Storm Uniform Svc 111.000.653.542.900.240.00 3.51 Street / Storm Uniform Svc 411.000.652.542.900.240.00 3.51 9.5% Sales Tax 111.000.653.542.900.240.00 0.34 9.5% Sales Tax 411.000.652.542.900.240.00 0.33 3Page: Packet Page 34 of 233 12/17/2009 Voucher List City of Edmonds 4 12:20:29PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 115944 12/17/2009 (Continued)069751 ARAMARK PW Mats655-4623150 PW Mats 111.000.653.542.900.410.00 6.65 PW Mats 001.000.650.519.910.410.00 1.75 PW Mats 411.000.652.542.900.410.00 6.65 PW Mats 411.000.654.534.800.410.00 6.65 PW Mats 411.000.655.535.800.410.00 6.65 PW Mats 511.000.657.548.680.410.00 6.65 9.5% Sales Tax 001.000.650.519.910.410.00 0.17 9.5% Sales Tax 111.000.653.542.900.410.00 0.63 9.5% Sales Tax 411.000.652.542.900.410.00 0.63 9.5% Sales Tax 411.000.654.534.800.410.00 0.63 9.5% Sales Tax 411.000.655.535.800.410.00 0.63 9.5% Sales Tax 511.000.657.548.680.410.00 0.64 Street/Storm Uniform Svc655-4623151 Street/Storm Uniform Svc 111.000.653.542.900.240.00 3.51 Street/Storm Uniform Svc 411.000.652.542.900.240.00 3.51 9.5% Sales Tax 111.000.653.542.900.240.00 0.34 9.5% Sales Tax 411.000.652.542.900.240.00 0.33 4Page: Packet Page 35 of 233 12/17/2009 Voucher List City of Edmonds 5 12:20:29PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 115944 12/17/2009 (Continued)069751 ARAMARK Fleet Uniform Svc655-4623152 Fleet Uniform Svc 511.000.657.548.680.240.00 15.00 9.5% Sales Tax 511.000.657.548.680.240.00 1.43 Fac Maint Uniform Svc655-4630874 Fac Maint Uniform Svc 001.000.651.519.920.240.00 40.44 9.5% Sales Tax 001.000.651.519.920.240.00 3.84 5Page: Packet Page 36 of 233 12/17/2009 Voucher List City of Edmonds 6 12:20:29PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 115944 12/17/2009 (Continued)069751 ARAMARK PW Mats655-4635322 PW Mats 001.000.650.519.910.410.00 1.75 PW Mats 111.000.653.542.900.410.00 6.65 PW Mats 411.000.652.542.900.410.00 6.65 PW Mats 411.000.654.534.800.410.00 6.65 PW Mats 411.000.655.535.800.410.00 6.65 PW Mats 511.000.657.548.680.410.00 6.65 9.5% Sales Tax 001.000.650.519.910.410.00 0.17 9.5% Sales Tax 111.000.653.542.900.410.00 0.63 9.5% Sales Tax 411.000.652.542.900.410.00 0.63 9.5% Sales Tax 411.000.654.534.800.410.00 0.63 9.5% Sales Tax 411.000.655.535.800.410.00 0.63 9.5% Sales Tax 511.000.657.548.680.410.00 0.64 Street/Storm Uniform Svc655-4635323 Street/Storm Uniform Svc 411.000.652.542.900.240.00 3.51 9.5% Sales Tax 111.000.653.542.900.240.00 0.34 9.5% Sales Tax 411.000.652.542.900.240.00 0.33 Street/Storm Uniform Svc 111.000.653.542.900.240.00 3.51 6Page: Packet Page 37 of 233 12/17/2009 Voucher List City of Edmonds 7 12:20:29PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 115944 12/17/2009 (Continued)069751 ARAMARK Fleet Uniform Svc655-4635324 Fleet Uniform Svc 511.000.657.548.680.240.00 15.00 9.5% Sales Tax 511.000.657.548.680.240.00 1.43 Fac Maint Uniform Svc655-4642933 Fac Maint Uniform Svc 001.000.651.519.920.240.00 40.44 9.5% Sales Tax 001.000.651.519.920.240.00 3.84 7Page: Packet Page 38 of 233 12/17/2009 Voucher List City of Edmonds 8 12:20:29PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 115944 12/17/2009 (Continued)069751 ARAMARK PW Mats655-4647701 PW Mats 001.000.650.519.910.410.00 1.75 PW Mats 111.000.653.542.900.410.00 6.65 PW Mats 411.000.652.542.900.410.00 6.65 PW Mats 411.000.654.534.800.410.00 6.65 PW Mats 411.000.655.535.800.410.00 6.65 PW Mats 511.000.657.548.680.410.00 6.65 9.5% Sales Tax 001.000.650.519.910.410.00 0.17 9.5% Sales Tax 111.000.653.542.900.410.00 0.63 9.5% Sales Tax 411.000.652.542.900.410.00 0.63 9.5% Sales Tax 411.000.654.534.800.410.00 0.63 9.5% Sales Tax 411.000.655.535.800.410.00 0.63 9.5% Sales Tax 511.000.657.548.680.410.00 0.64 Total :259.48 115945 12/17/2009 071124 ASSOCIATED PETROLEUM 0024454-IN 01-7500014 DIESEL FUEL 411.000.656.538.800.320.00 3,975.42 9.5% Sales Tax 411.000.656.538.800.320.00 377.67 8Page: Packet Page 39 of 233 12/17/2009 Voucher List City of Edmonds 9 12:20:29PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 115945 12/17/2009 (Continued)071124 ASSOCIATED PETROLEUM 01-75000140025817-IN DIESEL FUEL 411.000.656.538.800.320.00 2,147.20 9.5% Sales Tax 411.000.656.538.800.320.00 203.99 Total :6,704.28 115946 12/17/2009 071124 ASSOCIATED PETROLEUM 0023701-IN Fleet Fuel - Premium - 6900 Gals Fleet Fuel - Premium - 6900 Gals 511.000.657.548.680.340.12 14,770.55 St Excise Tax Gas, WA Oil Spill 511.000.657.548.680.340.12 2,772.34 Diesel - 3705 Gal 511.000.657.548.680.340.10 7,374.94 St Excise Tax Diesel, WA Oil Spill 511.000.657.548.680.340.10 1,492.71 Bio-Diesel - 195 Gal 511.000.657.548.680.340.13 586.52 St Excise Tax BioDiesel, WA Oil Spill 511.000.657.548.680.340.13 83.28 WA St Svc Fee 511.000.657.548.680.340.12 40.00 9.5% Sales Tax 511.000.657.548.680.340.12 3.80 Total :27,124.14 115947 12/17/2009 064343 AT&T 425-774-0944 STATION #20 FAX STATION #20 FAX 001.000.510.522.200.420.00 35.65 Total :35.65 115948 12/17/2009 001777 AURORA PLUMBING & ELECTRIC 163691 BALL VALVES 9Page: Packet Page 40 of 233 12/17/2009 Voucher List City of Edmonds 10 12:20:29PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 115948 12/17/2009 (Continued)001777 AURORA PLUMBING & ELECTRIC BALL VALVES 411.000.656.538.800.310.21 50.03 9.5% Sales Tax 411.000.656.538.800.310.21 4.75 Total :54.78 115949 12/17/2009 001777 AURORA PLUMBING & ELECTRIC 163383 5 Corners - Water Tower Supplies 5 Corners - Water Tower Supplies 411.000.654.534.800.310.00 35.83 9.5% Sales Tax 411.000.654.534.800.310.00 3.40 Total :39.23 115950 12/17/2009 073035 AVAGIMOVA, KARINE 001 INTERPRETER FEE INTERPRETER FEE 001.000.230.512.500.490.01 100.00 INTERPRETER FEE002 INTERPRETER FEE 001.000.390.512.520.410.00 100.00 INTERPRETER FEE265 INTERPRETER FEE 001.000.230.512.500.490.01 100.00 INTERPRETER FEE640 INTERPRETER FEE 001.000.230.512.500.490.01 100.00 Total :400.00 115951 12/17/2009 072581 BARK TIME BLOWER TRUCK SERVICE 6558 YARD WASTE DUMP YARD WASTE DUMP 001.000.640.576.800.470.00 170.55 YARD WASTE DUMP6559 YARD WASTE DUMP 001.000.640.576.800.470.00 151.60 Total :322.15 10Page: Packet Page 41 of 233 12/17/2009 Voucher List City of Edmonds 11 12:20:29PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 115952 12/17/2009 069226 BHC CONSULTANTS LLC 0002906 E8GA.Services thru 11/20/09 E8GA.Services thru 11/20/09 412.300.630.594.320.410.00 18,356.56 E8GB.Services thru 11/20/090002908 E8GB.Services thru 11/20/09 412.300.630.594.320.410.00 10,124.34 Total :28,480.90 115953 12/17/2009 069218 BISHOP, PAUL 222 WEB SITE MAINTENANCE THRU 12/14/09 Web Site Maintenance thru 12/14/09 001.000.310.518.880.410.00 390.00 Revisions to current web pages 001.000.310.518.880.410.00 120.00 New CEDC Home Page; doc pages; verticle 001.000.240.513.110.410.00 120.00 Total :630.00 115954 12/17/2009 002500 BLUMENTHAL UNIFORM CO INC 759696 INV#759696 EDMONDS PD - FALK BALLISTIC VEST 001.000.410.521.220.240.00 699.00 9.5% Sales Tax 001.000.410.521.220.240.00 66.41 INV#771556-81 EDMONDS PD - ROSSI771556-81 SS TROP/WOOL SHIRTS 001.000.410.521.220.240.00 196.98 9.5% Sales Tax 001.000.410.521.220.240.00 18.71 INV#780903 EDMONDS PD - HARDWICK780903 SERVICE BARS 001.000.410.521.220.240.00 11.70 MOCK TURTLENECK 001.000.410.521.220.240.00 19.95 9.5% Sales Tax 001.000.410.521.220.240.00 3.01 11Page: Packet Page 42 of 233 12/17/2009 Voucher List City of Edmonds 12 12:20:29PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 115954 12/17/2009 (Continued)002500 BLUMENTHAL UNIFORM CO INC INV#780903-01 EDMONDS PD - HARDWICK780903-01 MOCK TURTLENECK SHIRT 001.000.410.521.220.240.00 19.95 9.5% Sales Tax 001.000.410.521.220.240.00 1.90 INV#780987 EDMONDS PD - FALK780987 S/S TROP/WOOD SHIRTS 001.000.410.521.220.240.00 131.32 9.5% Sales Tax 001.000.410.521.220.240.00 12.48 Total :1,181.41 115955 12/17/2009 061219 BOB'S HEATING & AIR BLD20090826 Refund - online permit checked gas Refund - online permit checked gas 001.000.000.257.620.000.00 20.00 Total :20.00 115956 12/17/2009 072005 BROCKMANN, KERRY BROCKMANN11501 YOGA & PILATES YOGA #11501 001.000.640.575.540.410.00 425.60 YOGA #11498 001.000.640.575.540.410.00 177.10 YOGA #11506 001.000.640.575.540.410.00 448.00 PILATES STRETCH & SCULPT #11387 001.000.640.575.540.410.00 195.30 Total :1,246.00 115957 12/17/2009 072855 BROWN DOG PRODUCTIONS 107 DATA ENTRY Data Entry 411.000.655.535.800.410.00 410.25 Total :410.25 115958 12/17/2009 018495 CALPORTLAND COMPANY 90889571 SAND AND GRAVEL MIX 12Page: Packet Page 43 of 233 12/17/2009 Voucher List City of Edmonds 13 12:20:29PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 115958 12/17/2009 (Continued)018495 CALPORTLAND COMPANY SAND AND GRAVEL MIX 001.000.640.576.800.310.00 214.65 9.5% Sales Tax 001.000.640.576.800.310.00 20.39 Total :235.04 115959 12/17/2009 072075 CAMPBELL, RICHARD 2009-12-2 ALS PROF SERVICES Nov med prgrm dir 001.000.510.526.100.410.00 1,725.00 Total :1,725.00 115960 12/17/2009 071816 CARLSON, JESSICA CARLSON11393 ART FOR KIDZ ART FOR KIDZ - ADVENTURES IN DRAWING~ 001.000.640.574.200.410.00 379.17 Total :379.17 115961 12/17/2009 070892 CASCADE BANK E6DA.Pmt 5 E6DAPrecision Earthworks Retainage E6DAPrecision Earthworks Retainage 125.000.640.594.750.650.00 14,658.58 Total :14,658.58 115962 12/17/2009 003330 CASCADE TROPHY 30190 2009 Emp. of the year plaque and 2009 Emp. of the year plaque and 001.000.220.516.100.490.00 105.00 9.5% Sales Tax 001.000.220.516.100.490.00 9.98 Total :114.98 115963 12/17/2009 069813 CDW GOVERNMENT INC QZL6274 Video/Graphic cards Video/Graphic cards 001.000.310.518.880.310.00 75.54 Single power power adapter 001.000.310.518.880.310.00 20.30 9.5% Sales Tax 001.000.310.518.880.310.00 9.11 13Page: Packet Page 44 of 233 12/17/2009 Voucher List City of Edmonds 14 12:20:29PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 115963 12/17/2009 (Continued)069813 CDW GOVERNMENT INC Power AdapterRBH5109 Power Adapter 001.000.310.518.880.310.00 20.30 9.5% Sales Tax 001.000.310.518.880.310.00 1.93 Total :127.18 115964 12/17/2009 003510 CENTRAL WELDING SUPPLY LY 150847 2954000 WELDING SUPPLIES 411.000.656.538.800.310.21 85.49 9.5% Sales Tax 411.000.656.538.800.310.21 8.12 2954000RN11091022 ARGON/NITROGEN/OXYGEN 411.000.656.538.800.450.21 33.20 9.5% Sales Tax 411.000.656.538.800.450.21 3.15 Total :129.96 115965 12/17/2009 003510 CENTRAL WELDING SUPPLY LY 150579 Fleet Shop Supplies Fleet Shop Supplies 511.000.657.548.680.310.00 193.49 9.5% Sales Tax 511.000.657.548.680.310.00 18.37 Total :211.86 115966 12/17/2009 003510 CENTRAL WELDING SUPPLY LY150937 ALS SUPPLIES medical oxygen 001.000.510.526.100.310.00 103.41 Freight 001.000.510.526.100.310.00 17.50 9.5% Sales Tax 001.000.510.526.100.310.00 11.48 14Page: Packet Page 45 of 233 12/17/2009 Voucher List City of Edmonds 15 12:20:29PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 115966 12/17/2009 (Continued)003510 CENTRAL WELDING SUPPLY ALS SUPPLIESLY150938 medical oxygen 001.000.510.526.100.310.00 111.24 Freight 001.000.510.526.100.310.00 17.50 9.5% Sales Tax 001.000.510.526.100.310.00 12.23 ALS SUPPLIESLY150939 medical oxygen 001.000.510.526.100.310.00 34.47 Freight 001.000.510.526.100.310.00 17.50 9.5% Sales Tax 001.000.510.526.100.310.00 4.93 Total :330.26 115967 12/17/2009 065774 CHAVOND-BARRY ENGINEERING CORP 1560-120809 INCINERATOR SERVICES INCINERATOR SERVICES 411.000.656.538.800.410.11 752.74 Total :752.74 115968 12/17/2009 066382 CINTAS CORPORATION 460565690 UNIFORMS Stn 17 - ALS 001.000.510.526.100.240.00 113.19 Stn 17 - OPS 001.000.510.522.200.240.00 113.19 9.5% Sales Tax 001.000.510.526.100.240.00 10.76 9.5% Sales Tax 001.000.510.522.200.240.00 10.75 OPS UNIFORMS460567790 Stn. 16 001.000.510.522.200.240.00 139.89 9.5% Sales Tax 001.000.510.522.200.240.00 13.29 15Page: Packet Page 46 of 233 12/17/2009 Voucher List City of Edmonds 16 12:20:29PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 115968 12/17/2009 (Continued)066382 CINTAS CORPORATION UNIFORMS460570433 Stn 17 - ALS 001.000.510.526.100.240.00 113.19 Stn 17 - OPS 001.000.510.522.200.240.00 113.19 9.5% Sales Tax 001.000.510.526.100.240.00 10.76 9.5% Sales Tax 001.000.510.522.200.240.00 10.75 OPS UNIFORMS460570448 Stn. 20 001.000.510.522.200.240.00 103.71 9.5% Sales Tax 001.000.510.522.200.240.00 9.85 OPS UNIFORMS460572560 Stn. 16 001.000.510.522.200.240.00 139.89 9.5% Sales Tax 001.000.510.522.200.240.00 13.29 UNIFORMS460575214 Stn 17 - ALs 001.000.510.526.100.240.00 113.19 Stn 17 - OPS 001.000.510.522.200.240.00 113.19 9.5% Sales Tax 001.000.510.526.100.240.00 10.76 9.5% Sales Tax 001.000.510.522.200.240.00 10.75 Total :1,163.59 115969 12/17/2009 063902 CITY OF EVERETT I09002825 Water Quality - Water Analysis Lab Work Water Quality - Water Analysis Lab Work 411.000.654.534.800.410.00 640.80 Total :640.80 16Page: Packet Page 47 of 233 12/17/2009 Voucher List City of Edmonds 17 12:20:29PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 115970 12/17/2009 068116 CLIFTON, STEPHEN 2009 MILEAGE REIMBURSEMENT FOR DIRECTOR Mileage reimbursement for CS Director 001.000.610.519.700.430.00 479.60 Total :479.60 115971 12/17/2009 071389 COASTAL WEAR PRODUCTS INC 1325 Unit 138 - Tube Broom, Gutter Brooms Unit 138 - Tube Broom, Gutter Brooms 511.000.657.548.680.310.00 1,819.00 8.9% Sales Tax 511.000.657.548.680.310.00 161.89 Total :1,980.89 115972 12/17/2009 004377 COLE INDUSTRIAL INC 8834 FAC - Furnace Repair FAC - Furnace Repair 001.000.651.519.920.480.00 210.00 9.5% Sales Tax 001.000.651.519.920.480.00 19.95 Total :229.95 115973 12/17/2009 069892 COLUMBIA FORD INC 3-A169 Street Unit 101 Replaced by New 2010 Street Unit 101 Replaced by New 2010 511.100.657.594.480.640.00 22,969.00 8.2% Sales Tax 511.100.657.594.480.640.00 1,883.46 Prompt Pmt Discound3-A169 Prompt Pmt Discound 511.100.657.594.480.640.00 -200.00 Total :24,652.46 115974 12/17/2009 068473 COMMERCIAL SOUND & COMM.030381 Trouble shoot video link system in 17Page: Packet Page 48 of 233 12/17/2009 Voucher List City of Edmonds 18 12:20:29PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 115974 12/17/2009 (Continued)068473 COMMERCIAL SOUND & COMM. Trouble shoot video link system in 001.000.230.512.500.480.00 281.25 Trouble shoot video link system in 001.000.110.511.100.480.00 140.63 Trouble shoot video link system in 001.000.310.518.880.480.00 140.62 9.5% Sales Tax 001.000.230.512.500.480.00 26.72 9.5% Sales Tax 001.000.110.511.100.480.00 13.36 9.5% Sales Tax 001.000.310.518.880.480.00 13.36 Total :615.94 115975 12/17/2009 072042 CRACUT, DANIEL 2462 UNIFORM 2009/CRACUT UNIFORM 2009/CRACUT 411.000.656.538.800.240.00 350.00 Total :350.00 115976 12/17/2009 069848 CRAM, KATHERINE CRAM11651 IRISH DANCE CLASSES IRISH DANCE #11651 001.000.640.574.200.410.00 89.60 IRISH DANCE 13+~ 001.000.640.574.200.410.00 95.20 Total :184.80 115977 12/17/2009 061570 DAY WIRELESS SYSTEMS - 16 145700 INV#145700 - EDMONDS PD CALIBRATION E14920~16 001.000.410.521.220.480.00 80.00 9.5% Sales Tax 001.000.410.521.220.480.00 7.60 18Page: Packet Page 49 of 233 12/17/2009 Voucher List City of Edmonds 19 12:20:29PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 115977 12/17/2009 (Continued)061570 DAY WIRELESS SYSTEMS - 16 INV#145701 - EDMONDS PD145701 CALIBRATION E14922~16 001.000.410.521.220.480.00 80.00 9.5% Sales Tax 001.000.410.521.220.480.00 7.60 INV#145702 - EDMONDS PD145702 CALIBRATION 05653~16 001.000.410.521.220.480.00 80.00 9.5% Sales Tax 001.000.410.521.220.480.00 7.60 INV#145703 - EDMONDS PD145703 CALIBRATION 05654~16 001.000.410.521.220.480.00 80.00 9.5% Sales Tax 001.000.410.521.220.480.00 7.60 INV#145704 - EDMONDS PD145704 CALIBRATION GHD-02443~16 001.000.410.521.220.480.00 80.00 9.5% Sales Tax 001.000.410.521.220.480.00 7.60 INV#145705 - EDMONDS PD145705 CALIBRATION LPO3242 001.000.410.521.220.480.00 80.00 9.5% Sales Tax 001.000.410.521.220.480.00 7.60 INV#145706 - EDMONDS PD145706 CALIBRATION LP03241 001.000.410.521.220.480.00 80.00 9.5% Sales Tax 001.000.410.521.220.480.00 7.60 INV#145707 - EDMONDS PD145707 CALIBRATION LP03397 001.000.410.521.220.480.00 80.00 9.5% Sales Tax 001.000.410.521.220.480.00 7.60 19Page: Packet Page 50 of 233 12/17/2009 Voucher List City of Edmonds 20 12:20:29PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 115977 12/17/2009 (Continued)061570 DAY WIRELESS SYSTEMS - 16 INV#145708 - EDMONDS PD145708 CALIBRATION PL22583~16 001.000.410.521.220.480.00 80.00 9.5% Sales Tax 001.000.410.521.220.480.00 7.60 Total :788.40 115978 12/17/2009 061570 DAY WIRELESS SYSTEMS - 16 145897 Unit 484 - Service Unit 484 - Service 511.000.657.548.680.480.00 151.25 9.5% Sales Tax 511.000.657.548.680.480.00 13.95 Total :165.20 115979 12/17/2009 070230 DEPARTMENT OF LICENSING dec 09 STATE SHARE OF CONCEALED PISTOL State Share of Concealed Pistol 001.000.000.237.190.000.00 453.00 Total :453.00 115980 12/17/2009 047450 DEPT OF INFORMATION SERVICES 2009110120 CUSTOMER ID# D200-0 Scan Services for November, 2009 001.000.310.518.880.420.00 246.36 Total :246.36 115981 12/17/2009 073026 DONALD, RUSSELL PATRICK 110709 WITNESS FEES WITNESS FEES 001.000.230.512.540.490.00 6.72 Total :6.72 115982 12/17/2009 007253 DUNN LUMBER 02352453 PS - Loctite, Wood PS - Loctite, Wood 001.000.651.519.920.310.00 33.19 9.5% Sales Tax 001.000.651.519.920.310.00 3.15 20Page: Packet Page 51 of 233 12/17/2009 Voucher List City of Edmonds 21 12:20:29PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 115982 12/17/2009 (Continued)007253 DUNN LUMBER City Hall - Finance Dept - Repair02352603 City Hall - Finance Dept - Repair 001.000.310.518.880.490.00 186.28 9.5% Sales Tax 001.000.310.518.880.490.00 17.70 Total :240.32 115983 12/17/2009 071596 EBORALL, STEVE EBORALL11568 ART CLUB ART CLUB #11568 001.000.640.574.200.410.00 185.64 Total :185.64 115984 12/17/2009 073027 ECKREN, LISA 110709 WITNESS FEES WITNESS FEES 001.000.230.512.540.490.00 15.39 Total :15.39 115985 12/17/2009 073037 EDMONDS ACE HARDWARE 001010/1 FAC - Dark Rm Sink Repair Parts FAC - Dark Rm Sink Repair Parts 001.000.651.519.920.310.00 9.78 Plaza Rm - Lamp001011/1 Plaza Rm - Lamp 001.000.651.519.920.310.00 14.49 PS - Supplies for Council Signs001012/1 PS - Supplies for Council Signs 001.000.651.519.920.310.00 15.98 Total :40.25 115986 12/17/2009 007675 EDMONDS AUTO PARTS 16621 SUPPLIES BLOW GUNS 001.000.640.576.800.310.00 25.00 9.5% Sales Tax 001.000.640.576.800.310.00 2.38 21Page: Packet Page 52 of 233 12/17/2009 Voucher List City of Edmonds 22 12:20:29PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 115986 12/17/2009 (Continued)007675 EDMONDS AUTO PARTS SUPPLIES16762 CLAMPS 001.000.640.576.800.310.00 3.59 9.5% Sales Tax 001.000.640.576.800.310.00 0.34 Total :31.31 115987 12/17/2009 071969 EDMONDS CENTER FOR THE ARTS COE-HUD-003 REIMB HUD GRANT B-08-SP-WA-0097 Reimbursement to ECA/EPFD for HUD Grant 001.000.610.519.700.410.00 40,353.30 Total :40,353.30 115988 12/17/2009 070683 EDMONDS MAIL & PARCEL 17646 UPS/ARI SAMPLES UPS/ARI SAMPLES 411.000.656.538.800.420.00 63.72 9.5% Sales Tax 411.000.656.538.800.420.00 6.05 UPS/ASHBROOK SIMON HARTLY17694 UPS/ASHBROOK SIMON HARTLY 411.000.656.538.800.420.00 23.80 9.5% Sales Tax 411.000.656.538.800.420.00 2.26 Total :95.83 115989 12/17/2009 008688 EDMONDS VETERINARY HOSPITAL 179605 INV#179605, CLIENT #3713 - EDMONDS PD EUTHANASIA IMP#7989 001.000.410.521.700.410.00 20.80 Total :20.80 115990 12/17/2009 031060 ELECSYS INTERNATIONAL CORP 083401 Radix Monthly Maint Agreement - 01/10 Radix Monthly Maint Agreement - 01/10 411.000.654.534.800.480.00 152.00 Total :152.00 115991 12/17/2009 008812 ELECTRONIC BUSINESS MACHINES 050594 Canon 5870 color copy charge 11/7 - 22Page: Packet Page 53 of 233 12/17/2009 Voucher List City of Edmonds 23 12:20:29PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 115991 12/17/2009 (Continued)008812 ELECTRONIC BUSINESS MACHINES Canon 5870 color copy charge 11/7 - 001.000.610.519.700.480.00 26.78 Canon 5870 color copy charge 11/7 - 001.000.220.516.100.480.00 26.77 Canon 5870 color copy charge 11/7 - 001.000.210.513.100.480.00 26.78 9.5% Sales Tax 001.000.610.519.700.480.00 2.54 9.5% Sales Tax 001.000.220.516.100.480.00 2.54 9.5% Sales Tax 001.000.210.513.100.480.00 2.55 Total :87.96 115992 12/17/2009 008812 ELECTRONIC BUSINESS MACHINES 050667 RENTAL FEE FOR COPIER RENTAL FEE FOR COPIER 001.000.230.512.501.480.00 33.10 Total :33.10 115993 12/17/2009 066378 FASTENAL COMPANY WAMOU18082 FISHING PIER SUPPLIES FISH PIER SUPPLIES 001.000.640.576.800.310.00 34.01 9.5% Sales Tax 001.000.640.576.800.310.00 3.23 Total :37.24 115994 12/17/2009 009880 FEDEX 9-414-18039 Mailing staff report to Hearing Examiner Mailing staff report to Hearing Examiner 001.000.620.558.600.420.00 40.44 Total :40.44 115995 12/17/2009 062297 FOSS MARITIME COMPANY 12/15/2009 TIDE CHART CALENDAR TIDE CHART CALENDAR 411.000.656.538.800.490.00 10.00 Total :10.00 23Page: Packet Page 54 of 233 12/17/2009 Voucher List City of Edmonds 24 12:20:29PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 115996 12/17/2009 072932 FRIEDRICH, KODY FRIEDRICH11659 IRISH DANCE CLASSES IRISH DANCE 13+~ 001.000.640.574.200.410.00 186.55 Total :186.55 115997 12/17/2009 071945 GILL-ROSE, SUE ROSE11530 WATERCOLOR/DRAWING CLASSES WATERCOLOR #11530 001.000.640.574.200.410.00 369.60 DRAWING #11526 001.000.640.574.200.410.00 277.20 Total :646.80 115998 12/17/2009 068617 GLEISNER, BARBARA GLEISNER11639 QIGONG & TAI CHI CLASSES QIGONG #11639 001.000.640.575.540.410.00 294.00 QIGONG #11640 001.000.640.575.540.410.00 418.50 TAI CHI #11450 001.000.640.575.540.410.00 168.00 TAI CHI #11449 001.000.640.575.540.410.00 168.00 Total :1,048.50 115999 12/17/2009 072515 GOOGLE INC 961159 INTERNET ANTI-VIRUS & SPAM MAINT FEE Dec-09 Internet Anti-Virus & Spam Maint 001.000.310.518.880.480.00 554.73 Total :554.73 116000 12/17/2009 012199 GRAINGER 9134126458 EAR PLUGS EAR PLUGS 001.000.640.576.800.310.00 60.80 Freight 001.000.640.576.800.310.00 7.58 9.5% Sales Tax 001.000.640.576.800.310.00 6.50 Total :74.88 24Page: Packet Page 55 of 233 12/17/2009 Voucher List City of Edmonds 25 12:20:29PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 116001 12/17/2009 012199 GRAINGER 9040327943 Sewer - PSC Blower Sewer - PSC Blower 411.000.655.535.800.310.00 71.69 9.5% Sales Tax 411.000.655.535.800.310.00 6.82 Fac Maint - Space Heaters9129267606 Fac Maint - Space Heaters 001.000.651.519.920.310.00 71.31 9.2% Sales Tax 001.000.651.519.920.310.00 6.56 Total :156.38 116002 12/17/2009 073048 GUIDRY, CABOT 510-2625 GUIDRY manual printing 001.000.510.522.200.410.00 29.48 CD 001.000.510.522.200.310.00 10.90 Total :40.38 116003 12/17/2009 012900 HARRIS FORD INC FOCS265433 Unit 491 - Maint Repairs Unit 491 - Maint Repairs 511.000.657.548.680.480.00 614.40 9.5% Sales Tax 511.000.657.548.680.480.00 58.37 Total :672.77 116004 12/17/2009 012900 HARRIS FORD INC 102910 Unit 337 - Anti-Freeze Unit 337 - Anti-Freeze 511.000.657.548.680.310.00 33.72 9.5% Sales Tax 511.000.657.548.680.310.00 3.20 Unit 680 - Supplies103081 Unit 680 - Supplies 511.000.657.548.680.310.00 121.30 9.5% Sales Tax 511.000.657.548.680.310.00 11.52 25Page: Packet Page 56 of 233 12/17/2009 Voucher List City of Edmonds 26 12:20:29PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 116004 12/17/2009 (Continued)012900 HARRIS FORD INC Unit 680 - Supplies103089 Unit 680 - Supplies 511.000.657.548.680.310.00 67.90 9.5% Sales Tax 511.000.657.548.680.310.00 6.45 Total :244.09 116005 12/17/2009 069332 HEALTHFORCE OCCMED 2126-141 OPS PROF SERV DO,PH,BK,KH fit-for-duty 001.000.510.522.200.410.00 2,231.00 Total :2,231.00 116006 12/17/2009 013500 HINGSON, ROBERT 84 LEOFF 1 Reimbursement LEOFF 1 Reimbursement 009.000.390.517.370.230.00 4.00 Total :4.00 116007 12/17/2009 072665 HOFFMAN, BRUCE HOFFMAN1214 BASKETBALL REFEREE BASKETBALL REFEREE @ ANDERSON CENTER~ 001.000.640.575.520.410.00 286.00 Total :286.00 116008 12/17/2009 067862 HOME DEPOT CREDIT SERVICES 1015186 FAC - Supplies FAC - Supplies 001.000.651.519.920.310.00 32.90 Fac Maint - Mount Tape, 25mm Blades 001.000.651.519.920.310.00 16.44 9.5% Sales Tax 001.000.651.519.920.310.00 4.69 Sewer - LS 4 - Supplies1041865 Sewer - LS 4 - Supplies 411.000.655.535.800.310.00 16.77 9.5% Sales Tax 411.000.655.535.800.310.00 1.59 26Page: Packet Page 57 of 233 12/17/2009 Voucher List City of Edmonds 27 12:20:29PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 116008 12/17/2009 (Continued)067862 HOME DEPOT CREDIT SERVICES FAC - Supplies1043356 FAC - Supplies 001.000.651.519.920.310.00 14.07 9.5% Sales Tax 001.000.651.519.920.310.00 1.34 Library - Hot Water Tank Supplies1043378 Library - Hot Water Tank Supplies 001.000.651.519.920.310.00 20.19 9.5% Sales Tax 001.000.651.519.920.310.00 1.92 Water - 3" Trench1093397 Water - 3" Trench 411.000.654.534.800.310.00 25.97 9.5% Sales Tax 411.000.654.534.800.310.00 2.47 Grandstand - Repair Supplies1260184 Grandstand - Repair Supplies 001.000.651.519.920.310.00 22.32 9.5% Sales Tax 001.000.651.519.920.310.00 2.12 Sewer - LS 4 - PVC supplies, primer2015035 Sewer - LS 4 - PVC supplies, primer 411.000.655.535.800.310.00 13.82 9.5% Sales Tax 411.000.655.535.800.310.00 1.31 Water - Drill, small tools2061037 Water - Drill, small tools 411.000.654.534.800.350.00 379.97 9.5% Sales Tax 411.000.654.534.800.350.00 36.10 Street - Assortment of Blades3090004 Street - Assortment of Blades 111.000.653.542.310.310.00 54.00 9.5% Sales Tax 111.000.653.542.310.310.00 5.13 27Page: Packet Page 58 of 233 12/17/2009 Voucher List City of Edmonds 28 12:20:29PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 116008 12/17/2009 (Continued)067862 HOME DEPOT CREDIT SERVICES Fac Maint - Truck Supplies - Torch Kit3114809 Fac Maint - Truck Supplies - Torch Kit 001.000.651.519.920.310.00 49.97 9.5% Sales Tax 001.000.651.519.920.310.00 4.75 FAC - Plastic Bags3575676 FAC - Plastic Bags 001.000.651.519.920.310.00 0.98 9.5% Sales Tax 001.000.651.519.920.310.00 0.09 City Hall - Finance Dept - Maint4033782 9.5% Sales Tax 001.000.651.519.920.310.00 2.28 City Hall - Finance Dept - Maint 001.000.651.519.920.310.00 23.97 Water - Supplies4033899 Water - Supplies 411.000.654.534.800.310.00 21.88 9.5% Sales Tax 411.000.654.534.800.310.00 2.08 MCH - Door Sweep4046991 MCH - Door Sweep 001.000.651.519.920.310.00 9.47 FAC - Supplies 001.000.651.519.920.310.00 11.97 9.5% Sales Tax 001.000.651.519.920.310.00 2.04 Water - Supplies4095026 Water - Supplies 411.000.654.534.800.310.00 86.30 9.5% Sales Tax 411.000.654.534.800.310.00 8.20 28Page: Packet Page 59 of 233 12/17/2009 Voucher List City of Edmonds 29 12:20:29PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 116008 12/17/2009 (Continued)067862 HOME DEPOT CREDIT SERVICES Fac Maint - Tuck Stock - Supplies4095153 Fac Maint - Tuck Stock - Supplies 001.000.651.519.920.310.00 15.35 Rtry Hammer 001.000.651.519.920.350.00 199.00 9.5% Sales Tax 001.000.651.519.920.310.00 1.46 9.5% Sales Tax 001.000.651.519.920.350.00 18.90 Fac Maint Shop - Dolly5022737 Fac Maint Shop - Dolly 001.000.651.519.920.310.00 31.97 9.5% Sales Tax 001.000.651.519.920.310.00 3.04 Library - Hot Water Tank Install5033660 Library - Hot Water Tank Install 001.000.651.519.920.310.00 24.65 9.5% Sales Tax 001.000.651.519.920.310.00 2.34 Water - Blade Assortment6031513 Water - Blade Assortment 411.000.654.534.800.310.00 113.04 9.5% Sales Tax 411.000.654.534.800.310.00 10.74 Marine 16 - Storage Shed Lock and6041147 Marine 16 - Storage Shed Lock and 001.000.651.519.920.310.00 35.75 9.5% Sales Tax 001.000.651.519.920.310.00 3.40 Sewer - LS 10 - 25' Hose6092137 Sewer - LS 10 - 25' Hose 411.000.655.535.800.310.00 13.97 9.5% Sales Tax 411.000.655.535.800.310.00 1.33 29Page: Packet Page 60 of 233 12/17/2009 Voucher List City of Edmonds 30 12:20:29PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 116008 12/17/2009 (Continued)067862 HOME DEPOT CREDIT SERVICES Library - Hot Water Tank6100823 Library - Hot Water Tank 001.000.651.519.920.310.00 404.77 9.5% Sales Tax 001.000.651.519.920.310.00 38.45 Water- Supplies7575114 Water- Supplies 411.000.654.534.800.310.00 29.24 9.5% Sales Tax 411.000.654.534.800.310.00 2.78 Water - Torch Blade, Folding Saw,7598793 Water - Torch Blade, Folding Saw, 411.000.654.534.800.310.00 93.88 9.5% Sales Tax 411.000.654.534.800.310.00 8.92 FS 16 - Moss Roof8040699 FS 16 - Moss Roof 001.000.651.519.920.310.00 67.92 9.5% Sales Tax 001.000.651.519.920.310.00 6.45 Library - Hot Water Tank Repair Supplies8040747 Library - Hot Water Tank Repair Supplies 001.000.651.519.920.310.00 117.63 9.5% Sales Tax 001.000.651.519.920.310.00 11.17 PS - Doorway water seal repair supplies9032935 PS - Doorway water seal repair supplies 001.000.651.519.920.310.00 43.51 9.5% Sales Tax 001.000.651.519.920.310.00 4.13 FAC - Window Sealant9040510 FAC - Window Sealant 001.000.651.519.920.310.00 11.48 9.5% Sales Tax 001.000.651.519.920.310.00 1.09 30Page: Packet Page 61 of 233 12/17/2009 Voucher List City of Edmonds 31 12:20:29PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 116008 12/17/2009 (Continued)067862 HOME DEPOT CREDIT SERVICES Fac Maint - Unit 5 - Chisel9040571 Fac Maint - Unit 5 - Chisel 001.000.651.519.920.310.00 26.97 9.5% Sales Tax 001.000.651.519.920.310.00 2.56 Street - Recip Blades Assortment9091275 Street - Recip Blades Assortment 111.000.653.542.310.310.00 50.08 9.5% Sales Tax 111.000.653.542.310.310.00 4.76 FAC - Hooks, Doorstops, Batteries9570436 FAC - Hooks, Doorstops, Batteries 001.000.651.519.920.310.00 18.09 9.5% Sales Tax 001.000.651.519.920.310.00 1.72 Svc FeesFCH-003515392 Svc Fees 001.000.651.519.920.310.00 10.00 Svc Fees 001.000.640.576.800.310.00 10.00 Total :2,317.64 116009 12/17/2009 072641 HORNER, ROBERT BRT_01A FINAL ACCEPTANCE/EDMONDS STATIONS FINAL ACCEPTANCE~ 117.200.640.575.500.410.00 1,000.00 Total :1,000.00 116010 12/17/2009 070042 IKON FINANCIAL SERVICES 80932410 COPIER LEASING Cannon Image Runner 10/22-11/23 001.000.250.514.300.450.00 1,001.71 Total :1,001.71 116011 12/17/2009 070042 IKON FINANCIAL SERVICES 80906671 Lease MP171 DSD Reception copier Lease MP171 DSD Reception copier 001.000.620.558.800.450.00 30.66 31Page: Packet Page 62 of 233 12/17/2009 Voucher List City of Edmonds 32 12:20:29PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 116011 12/17/2009 (Continued)070042 IKON FINANCIAL SERVICES Lease Eng copier80964105 Lease Eng copier 001.000.620.558.800.450.00 443.48 Lease for DSD Large copier80964110 Lease for DSD Large copier 001.000.620.558.800.450.00 827.00 Total :1,301.14 116012 12/17/2009 006841 IKON OFFICE SOLUTIONS 1019221985 PD Application extender/Software Maint~ PD Application extender/Software Maint~ 001.000.410.521.110.350.00 1,500.00 PD Application extender/Software Maint~ 001.000.310.518.880.480.00 2,700.00 9.5% Sales Tax 001.000.310.518.880.480.00 399.00 Total :4,599.00 116013 12/17/2009 006841 IKON OFFICE SOLUTIONS 5013065657 Copies - large copier DSD Copies - large copier DSD 001.000.620.558.800.450.00 26.02 Copies Eng5013065659 Copies Eng 001.000.620.558.800.450.00 290.10 Total :316.12 116014 12/17/2009 066265 INDUSTRIAL SCIENTIFIC CORP 1077739 22436 GAS MONITOR SERVICE 411.000.656.538.800.480.11 125.00 Total :125.00 116015 12/17/2009 014940 INTERSTATE BATTERY SYSTEMS 110435450 Fleet Battery Inventory Fleet Battery Inventory 511.000.657.548.680.340.40 163.90 9.5% Sales Tax 511.000.657.548.680.340.40 15.57 32Page: Packet Page 63 of 233 12/17/2009 Voucher List City of Edmonds 33 12:20:29PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 116015 12/17/2009 (Continued)014940 INTERSTATE BATTERY SYSTEMS Unit 50 - Switch Assembly757548 Unit 50 - Switch Assembly 511.000.657.548.680.310.00 23.12 9.5% Sales Tax 511.000.657.548.680.310.00 2.20 G10 Sewer Lift St - Utility Blades,758144 G10 Sewer Lift St - Utility Blades, 511.000.657.548.680.310.00 39.25 9.5% Sales Tax 511.000.657.548.680.310.00 3.73 Total :247.77 116016 12/17/2009 015270 JCI JONES CHEMICALS INC 453026 54278825 HYPOCHLORITE SOLUTION 411.000.656.538.800.310.53 3,058.07 9.5% Sales Tax 411.000.656.538.800.310.53 290.52 Total :3,348.59 116017 12/17/2009 066913 KDL HARDWARE SUPPLY INC 416060 Fac Maint - ASSA Blanks, Sidebars Fac Maint - ASSA Blanks, Sidebars 001.000.651.519.920.310.00 335.00 Freight 001.000.651.519.920.310.00 5.37 9.5% Sales Tax 001.000.651.519.920.310.00 32.34 FS 17 - Keypad mort Lock B Lever416453 FS 17 - Keypad mort Lock B Lever 001.000.651.519.920.310.00 599.00 Freight 001.000.651.519.920.310.00 7.17 9.5% Sales Tax 001.000.651.519.920.310.00 57.59 Total :1,036.47 33Page: Packet Page 64 of 233 12/17/2009 Voucher List City of Edmonds 34 12:20:29PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 116018 12/17/2009 071779 KING SALMON MARINE INC 360E Fire Boat - Gear Case Assembly, Drain Fire Boat - Gear Case Assembly, Drain 511.000.657.548.680.310.00 3,210.00 Freight 511.000.657.548.680.310.00 175.00 9.2% Sales Tax 511.000.657.548.680.310.00 314.81 Total :3,699.81 116019 12/17/2009 069355 KLEINFELDER INC 615222 4695 ODOR CONTROL 414.000.656.594.320.410.10 750.50 Total :750.50 116020 12/17/2009 068396 KPFF CONSULTING ENGINEERS E2DB.43 E2DB.Services thru 10/31/09 E2DB.Services thru 10/31/09 125.000.640.594.750.410.00 29,685.79 Total :29,685.79 116021 12/17/2009 017050 KWICK'N KLEEN CAR WASH 12102009-01 INV#12102009-01 - EDMONDS PD 21 CAR WASHES @ $5.03 - 11/09 001.000.410.521.220.480.00 105.63 Total :105.63 116022 12/17/2009 017050 KWICK'N KLEEN CAR WASH 11092009-03 City Car Wash City Car Wash 511.000.657.548.680.310.00 5.03 Total :5.03 116023 12/17/2009 017060 L & O DISTRIBUTING CO 81981 FAC - Impeller, Faceplate FAC - Impeller, Faceplate 001.000.651.519.920.310.00 245.14 9.5% Sales Tax 001.000.651.519.920.310.00 23.29 Total :268.43 116024 12/17/2009 006048 L N CURTIS & SONS 2073093-00 OPS SUPPLIES 34Page: Packet Page 65 of 233 12/17/2009 Voucher List City of Edmonds 35 12:20:29PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 116024 12/17/2009 (Continued)006048 L N CURTIS & SONS swivel gaskets 001.000.510.522.200.310.00 48.00 Freight 001.000.510.522.200.310.00 43.49 9.5% Sales Tax 001.000.510.522.200.310.00 8.69 OPS SUPPLIES2073093-01 Hvy dty CB inline VLV 001.000.510.522.200.310.00 476.00 Freight 001.000.510.522.200.310.00 126.35 9.5% Sales Tax 001.000.510.522.200.310.00 57.22 Total :759.75 116025 12/17/2009 073024 LEE, ERICA MICHELLE 110609 WITNESS FEES WITNESS FEES 001.000.230.512.540.490.00 25.00 Total :25.00 116026 12/17/2009 072059 LEE, NICOLE 294 INTERPRETER FEE INTERPRETER FEE 001.000.230.512.500.490.01 123.45 Total :123.45 116027 12/17/2009 018760 LUNDS OFFICE ESSENTIALS 103044 LETTERHEAD PARKS AND RECREATION LETTERHEAD 001.000.640.574.100.310.00 131.75 9.5% Sales Tax 001.000.640.574.100.310.00 12.52 Total :144.27 116028 12/17/2009 018760 LUNDS OFFICE ESSENTIALS 102966 SUPPLIES SUPPLIES 001.000.230.512.500.310.00 21.89 35Page: Packet Page 66 of 233 12/17/2009 Voucher List City of Edmonds 36 12:20:29PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 116028 12/17/2009 (Continued)018760 LUNDS OFFICE ESSENTIALS SUPPLIES103026 SUPPLIES 001.000.230.512.500.310.00 21.89 SUPPLIES103030 SUPPLIES 001.000.230.512.500.310.00 353.29 SUPPLIES103032 SUPPLIES 001.000.230.512.501.310.00 536.70 SUPPLIES103045 SUPPLIES 001.000.230.512.501.310.00 175.19 Total :1,108.96 116029 12/17/2009 018950 LYNNWOOD AUTO PARTS INC 592358 Unit CS-1 - Oil Filter Unit CS-1 - Oil Filter 511.000.657.548.680.310.00 7.45 9.5% Sales Tax 511.000.657.548.680.310.00 0.71 Unit 648 - Defogger592606 Unit 648 - Defogger 511.000.657.548.680.310.00 13.49 9.5% Sales Tax 511.000.657.548.680.310.00 1.28 Unit 91 - Oil Filter592790 Unit 91 - Oil Filter 511.000.657.548.680.310.00 6.47 9.5% Sales Tax 511.000.657.548.680.310.00 0.61 Unit 680 - Differential593157 Unit 680 - Differential 511.000.657.548.680.310.00 33.32 9.5% Sales Tax 511.000.657.548.680.310.00 3.17 36Page: Packet Page 67 of 233 12/17/2009 Voucher List City of Edmonds 37 12:20:29PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 116029 12/17/2009 (Continued)018950 LYNNWOOD AUTO PARTS INC Unit 680 - Equa-Torque593190 Unit 680 - Equa-Torque 511.000.657.548.680.310.00 8.19 9.5% Sales Tax 511.000.657.548.680.310.00 0.78 Unit 104 - Wiper Blades593267 Unit 104 - Wiper Blades 511.000.657.548.680.310.00 10.42 9.5% Sales Tax 511.000.657.548.680.310.00 0.99 Unit 96 - Bushing Kit593352 Unit 96 - Bushing Kit 511.000.657.548.680.310.00 15.76 9.5% Sales Tax 511.000.657.548.680.310.00 1.50 Unit 96 - Bushing Kit593467 Unit 96 - Bushing Kit 511.000.657.548.680.310.00 15.76 9.5% Sales Tax 511.000.657.548.680.310.00 1.50 Unit 648 - Defogger593518 Unit 648 - Defogger 511.000.657.548.680.310.00 13.49 9.5% Sales Tax 511.000.657.548.680.310.00 1.28 Shop Supplies593591 Shop Supplies 511.000.657.548.680.310.00 7.14 9.5% Sales Tax 511.000.657.548.680.310.00 0.68 Shop Supplies593661 Shop Supplies 511.000.657.548.680.310.00 -7.14 9.5% Sales Tax 511.000.657.548.680.310.00 -0.68 37Page: Packet Page 68 of 233 12/17/2009 Voucher List City of Edmonds 38 12:20:29PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 116029 12/17/2009 (Continued)018950 LYNNWOOD AUTO PARTS INC Shop Supplies593662 Shop Supplies 511.000.657.548.680.310.00 17.49 9.5% Sales Tax 511.000.657.548.680.310.00 1.66 Unit 720 - Cup Holder593696 Unit 720 - Cup Holder 511.000.657.548.680.310.00 30.42 9.5% Sales Tax 511.000.657.548.680.310.00 2.89 Total :188.63 116030 12/17/2009 069362 MARSHALL, CITA 645 INTERPRETER FEE INTERPRETER FEE 001.000.230.512.500.490.01 88.25 INTERPRETER FEE650 INTERPRETER FEE 001.000.230.512.500.410.01 108.25 INTERPRETER FEE664 INTERPRETER FEE 001.000.230.512.500.490.01 88.25 INTERPRETER FEE669 / 4420 INTERPRETER FEE 001.000.230.512.501.490.01 108.25 INTERPRETER FEE670 INTERPRETER FEE 001.000.390.512.520.410.00 88.25 Total :481.25 116031 12/17/2009 073025 MCBRIDE-CRAIG, DOUGLAS 110609 WITNESS FEE WITNESS FEE 001.000.230.512.540.490.00 16.29 Total :16.29 116032 12/17/2009 066397 MCCONNELL, JEANIE McConnell Reimburse Reimbursement for Camera Purchase (two 38Page: Packet Page 69 of 233 12/17/2009 Voucher List City of Edmonds 39 12:20:29PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 116032 12/17/2009 (Continued)066397 MCCONNELL, JEANIE Reimbursement for Camera Purchase (two 001.000.620.558.800.310.00 437.98 Total :437.98 116033 12/17/2009 020039 MCMASTER-CARR SUPPLY CO 42685788 123106800 PIPE FITTINGS 411.000.656.538.800.310.21 -131.64 12310680042728341 WELDED STEEL CART 411.000.656.538.800.310.21 196.69 Freight 411.000.656.538.800.310.21 78.17 12310680043233007 PRESSURE SWITCH/PIPE FITTINGS/SOLENOID 411.000.656.538.800.310.21 684.00 Freight 411.000.656.538.800.310.21 15.43 Total :842.65 116034 12/17/2009 072010 MEISER, GARLAND MEISER1215 PICKLE BALL LEAGUE SUPERVISOR PICKLE BALL LEAGUE SUPERVISOR~ 001.000.640.575.520.410.00 60.00 Total :60.00 116035 12/17/2009 063773 MICROFLEX 00018964 Tax Audit Program Tax Audit Program 001.000.310.514.230.410.00 376.21 Total :376.21 116036 12/17/2009 020495 MIDWAY PLYWOOD INC C 57749 Fac Maint - Speed Tapes Fac Maint - Speed Tapes 001.000.651.519.920.310.00 23.90 9.5% Sales Tax 001.000.651.519.920.310.00 2.27 Total :26.17 39Page: Packet Page 70 of 233 12/17/2009 Voucher List City of Edmonds 40 12:20:29PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 116037 12/17/2009 072223 MILLER, DOUG MILLER120909 GYM MONITOR GYM MONITOR FOR 3 ON 3 BASKETBALL~ 001.000.640.575.520.410.00 102.00 Total :102.00 116038 12/17/2009 020900 MILLERS EQUIP & RENT ALL INC 100311 HOSE HOSE 001.000.640.576.800.310.00 6.45 9.5% Sales Tax 001.000.640.576.800.310.00 0.61 Total :7.06 116039 12/17/2009 061689 MINUTEMAN PRESS 41803 Recycle Dept - Edmonds Boy Scout Troops Recycle Dept - Edmonds Boy Scout Troops 411.000.654.537.900.490.00 991.95 9.5% Sales Tax 411.000.654.537.900.490.00 94.24 Total :1,086.19 116040 12/17/2009 070793 NAPC NAPC Membership 2010 Membership NAPC for 2010 Membership NAPC for 2010 001.000.620.558.600.490.00 35.00 Total :35.00 116041 12/17/2009 024302 NELSON PETROLEUM 0415919-IN Fleet Filter Inventory Fleet Filter Inventory 511.000.657.548.680.340.40 32.09 Units Filters 511.000.657.548.680.310.00 50.61 9.5% Sales Tax 511.000.657.548.680.340.40 3.05 9.5% Sales Tax 511.000.657.548.680.310.00 4.81 40Page: Packet Page 71 of 233 12/17/2009 Voucher List City of Edmonds 41 12:20:29PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 116041 12/17/2009 (Continued)024302 NELSON PETROLEUM Fleet - Filters0416251-IN Fleet - Filters 511.000.657.548.680.310.00 14.28 9.5% Sales Tax 511.000.657.548.680.310.00 1.36 Fleet - 15W-40 Oil - 166 Gal0416916-IN Fleet - 15W-40 Oil - 166 Gal 511.000.657.548.680.340.21 1,198.12 ATF - 123 Gal 511.000.657.548.680.340.40 745.02 80W-90 - 400 Gal 511.000.657.548.680.340.40 1,138.82 9.5% Sales Tax 511.000.657.548.680.340.21 113.82 9.5% Sales Tax 511.000.657.548.680.340.40 178.96 Fleet Filter Inventory0417863-IN Fleet Filter Inventory 511.000.657.548.680.340.40 15.44 9.5% Sales Tax 511.000.657.548.680.340.40 1.46 Fleet Filter Inventory0418032-IN Fleet Filter Inventory 511.000.657.548.680.340.40 34.23 9.5% Sales Tax 511.000.657.548.680.340.40 3.25 Total :3,535.32 116042 12/17/2009 065315 NEWCOMB, TRACY NEWCOMB1210 FUN FACTORY FUN FACTORY #11461 001.000.640.574.200.410.00 640.80 Total :640.80 116043 12/17/2009 072741 NEWTON KIGHT LLP 58357 Legal Fees~Fiber Project 41Page: Packet Page 72 of 233 12/17/2009 Voucher List City of Edmonds 42 12:20:29PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 116043 12/17/2009 (Continued)072741 NEWTON KIGHT LLP Legal Fees~Fiber Project 001.000.310.518.870.410.00 475.14 Total :475.14 116044 12/17/2009 066391 NORTHSTAR CHEMICAL INC 7359 260 SODIUM BISULFITE 411.000.656.538.800.310.54 1,308.22 9.5% Sales Tax 411.000.656.538.800.310.54 124.28 Total :1,432.50 116045 12/17/2009 061013 NORTHWEST CASCADE INC 1-053015 HONEY BUCKET RENTAL HONEY BUCKET RENTAL~ 001.000.640.576.800.450.00 189.87 HONEY BUCKET RENTAL1-053016 HONEY BUCKET RENTAL:~ 001.000.640.576.800.450.00 189.87 Total :379.74 116046 12/17/2009 066628 NORTHWEST DISTRIBUTING CO 040401 Shop Supplies - Glass Cleaner, Wash & Shop Supplies - Glass Cleaner, Wash & 511.000.657.548.680.311.00 126.61 Freight 511.000.657.548.680.311.00 3.33 511.000.657.548.680.311.00 11.27 Total :141.21 116047 12/17/2009 063511 OFFICE MAX INC 996028 INV#996028 ACCT#520437 250POL EDMONDS PD PURELL SANITIZER, 2 LTR 001.000.410.521.100.310.00 101.40 9.5% Sales Tax 001.000.410.521.100.310.00 9.63 Total :111.03 116048 12/17/2009 063511 OFFICE MAX INC 508272 OFFICE SUPPLIES 42Page: Packet Page 73 of 233 12/17/2009 Voucher List City of Edmonds 43 12:20:29PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 116048 12/17/2009 (Continued)063511 OFFICE MAX INC CYAN CARTRIDGE 001.000.640.574.100.310.00 35.10 CEMETERY CALENDAR 130.000.640.536.500.310.00 10.68 9.5% Sales Tax 001.000.640.574.100.310.00 3.34 9.5% Sales Tax 130.000.640.536.500.310.00 1.01 OFFICE SUPPLIES518301 LEGAL PAPER 001.000.640.574.100.310.00 21.04 9.5% Sales Tax 001.000.640.574.100.310.00 2.00 PHOTO PAPER561956 PHOTO PAPER 117.100.640.573.100.310.00 20.70 9.5% Sales Tax 117.100.640.573.100.310.00 1.97 Total :95.84 116049 12/17/2009 063511 OFFICE MAX INC 450893 AA Batteries AA Batteries 001.000.310.518.880.310.00 34.54 9.5% Sales Tax 001.000.310.518.880.310.00 3.29 Total :37.83 116050 12/17/2009 063511 OFFICE MAX INC 444351 PW 2010 Calandars PW 2010 Calandars 001.000.650.519.910.310.00 66.47 9.5% Sales Tax 001.000.650.519.910.310.00 6.32 Total :72.79 116051 12/17/2009 063511 OFFICE MAX INC 432825 Office Supplies for DSD 43Page: Packet Page 74 of 233 12/17/2009 Voucher List City of Edmonds 44 12:20:29PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 116051 12/17/2009 (Continued)063511 OFFICE MAX INC Office Supplies for DSD 001.000.620.558.800.310.00 732.10 Office Supplies for DSD432942 Office Supplies for DSD 001.000.620.558.800.310.00 65.02 Return of jacket, FL LTR 50 CT MLA491430 Return of jacket, FL LTR 50 CT MLA 001.000.620.558.800.310.00 -112.40 Total :684.72 116052 12/17/2009 063511 OFFICE MAX INC 183359 SUPPLIES SUPPLIES 001.000.230.512.500.310.00 269.43 SUPPLIES183529 SUPPLIES 001.000.230.512.500.310.00 6.08 SUPPLIES441304 SUPPLIES 001.000.230.512.500.310.00 241.44 SUPPLIES505538 SUPPLIES 001.000.230.512.500.310.00 29.42 Total :546.37 116053 12/17/2009 070166 OFFICE OF THE STATE TREASURER Oct 09 COURT, BLDG CODE & JIS TRANSMITTAL 44Page: Packet Page 75 of 233 12/17/2009 Voucher List City of Edmonds 45 12:20:29PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 116053 12/17/2009 (Continued)070166 OFFICE OF THE STATE TREASURER Emergency Medical Services & Trauma 001.000.000.237.120.000.00 1,351.53 PSEA 1 ,2, 3 Account 001.000.000.237.130.000.00 27,567.51 Building Code Fee Account 001.000.000.237.150.000.00 58.50 State Patrol Death Investigations 001.000.000.237.170.000.00 620.02 Judicial Information Systems Account 001.000.000.237.180.000.00 4,834.51 School Zone Safety Account 001.000.000.237.200.000.00 727.26 traumatic brain injury 001.000.000.237.260.000.00 496.13 auto theft 001.000.000.237.250.000.00 2,596.39 Total :38,251.85 116054 12/17/2009 027060 PACIFIC TOPSOILS 955255 TOPSOIL 3-WAY TOPSOIL 001.000.640.576.800.310.00 211.50 9.5% Sales Tax 001.000.640.576.800.310.00 20.09 Total :231.59 116055 12/17/2009 072989 PARKER, MICHELE PARKER11626 TWILIGHT TOTS TWILIGHT TOTS #11626 001.000.640.574.200.410.00 139.75 Total :139.75 116056 12/17/2009 069944 PECK, ELIZABETH PECK11372 TINY FEET & PRESCHOOL PREP TINY FEET PLAYTIME #11372 001.000.640.574.200.410.00 371.70 LITTLE FISHES PRESCHOOL PREP~ 001.000.640.574.200.410.00 280.00 45Page: Packet Page 76 of 233 12/17/2009 Voucher List City of Edmonds 46 12:20:29PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :651.7011605612/17/2009 069944 069944 PECK, ELIZABETH 116057 12/17/2009 028400 PITNEY BOWES 428944 Letter Opener Maint Agreement Letter Opener Maint Agreement 001.000.310.514.230.480.00 306.60 Total :306.60 116058 12/17/2009 064167 POLLARDWATER.COM-EAST I262618-IN Water/Sewer - Granular Chlorine Case Water/Sewer - Granular Chlorine Case 411.000.654.534.800.310.00 40.90 Water/Sewer - Granular Chlorine Case 411.000.655.535.800.310.00 40.90 Freight 411.000.654.534.800.310.00 27.72 Freight 411.000.655.535.800.310.00 27.71 9.0% Sales Tax 411.000.654.534.800.310.00 6.18 9.0% Sales Tax 411.000.655.535.800.310.00 6.17 Total :149.58 116059 12/17/2009 071811 PONY MAIL BOX & BUSINESS CTR 180618 Water/Sewer/Street/Storm - Dept of L&I Water/Sewer/Street/Storm - Dept of L&I 111.000.653.542.900.420.00 2.16 Water/Sewer/Street/Storm - Dept of L&I 411.000.652.542.900.420.00 2.16 Water/Sewer/Street/Storm - Dept of L&I 411.000.654.534.800.420.00 2.16 Water/Sewer/Street/Storm - Dept of L&I 411.000.655.535.800.420.00 2.14 46Page: Packet Page 77 of 233 12/17/2009 Voucher List City of Edmonds 47 12:20:29PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 116059 12/17/2009 (Continued)071811 PONY MAIL BOX & BUSINESS CTR Water/Sewer/Street/Storm - Dept of L&I180855 Water/Sewer/Street/Storm - Dept of L&I 111.000.653.542.900.420.00 2.16 Water/Sewer/Street/Storm - Dept of L&I 411.000.652.542.900.420.00 2.16 Water/Sewer/Street/Storm - Dept of L&I 411.000.654.534.800.420.00 2.16 Water/Sewer/Street/Storm - Dept of L&I 411.000.655.535.800.420.00 2.14 Total :17.24 116060 12/17/2009 029117 PORT OF EDMONDS 03870 CITY OF EDMONDS STORMWATER Stormwater Rent & Leasehold tax 411.000.652.542.900.450.00 1,665.96 Total :1,665.96 116061 12/17/2009 070979 PRECISION EARTHWORKS INC E6DA.Pmt 5 E6DA.Pmt 5 thru 11/30/09 E6DA.Pmt 5 thru 11/30/09 125.000.640.594.750.650.00 279,163.48 Total :279,163.48 116062 12/17/2009 071594 PROFORCE LAW ENFORCEMENT 75021 INV#75021- EDMONDS PD REM 870P 12M/18TC SHOTGUNS 001.000.410.521.220.310.00 1,829.85 9.5% Sales Tax 001.000.410.521.220.310.00 173.84 Total :2,003.69 116063 12/17/2009 064088 PROTECTION ONE 31146525 24 HOUR ALARM MONITORING -CITY HALL 24 hour alarm monitoring-CH~ 001.000.651.519.920.420.00 36.75 Total :36.75 116064 12/17/2009 030400 PUGET SOUND CLEAN AIR AGENCY 20102785 2010 REGISTRATION FEES FOR GAS 2010 REGISTRATION FEES FOR GAS 511.000.657.548.680.490.00 120.00 47Page: Packet Page 78 of 233 12/17/2009 Voucher List City of Edmonds 48 12:20:29PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :120.0011606412/17/2009 030400 030400 PUGET SOUND CLEAN AIR AGENCY 116065 12/17/2009 070809 PUGET SOUND EXECUTIVE 09-787 COURT SECURITY COURT SECURITY 001.000.230.512.500.410.00 2,624.38 Total :2,624.38 116066 12/17/2009 065579 QUIKSIGN 58101 Sign Install Firdale Rezone Sign Install Firdale Rezone 001.000.620.558.600.410.11 185.06 Total :185.06 116067 12/17/2009 064291 QWEST 206-Z02-0478 332B TELEMETRY TELEMETRY 411.000.656.538.800.420.00 138.52 Total :138.52 116068 12/17/2009 031500 REID MIDDLETON & ASSOC INC 0912012 E9FF.Survey Harbor Square for Outfall E9FF.Survey Harbor Square for Outfall 412.200.630.594.320.410.00 2,000.00 Total :2,000.00 116069 12/17/2009 073023 REYNOLDS, LORI BLD20090797 Customer cancelled permit. Customer cancelled permit. 001.000.000.257.620.000.00 48.00 Total :48.00 116070 12/17/2009 032505 ROBIN HOOD LANES ROBINHOOD11704 BUMPER BOWLING BUMPER BOWLING #11704 001.000.640.574.200.410.00 205.80 Total :205.80 116071 12/17/2009 069062 RONGERUDE, JOHN 7387 PUBLIC DEFENDER FEE PUBLIC DEFENDER FEE 001.000.390.512.520.410.00 600.00 Total :600.00 48Page: Packet Page 79 of 233 12/17/2009 Voucher List City of Edmonds 49 12:20:29PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 116072 12/17/2009 069477 ROTARY OFFSET PRESS INC 17027 WINTER CRAZE BULK MAIL PREP EDMONDS PORTION OF BULK MAIL PREP FOR 001.000.640.574.200.490.00 93.33 9.5% Sales Tax 001.000.640.574.200.490.00 8.87 WINTER 2010 CRAZE17033 WINTER 2010 CRAZE 001.000.640.574.200.490.00 8,050.68 9.5% Sales Tax 001.000.640.574.200.490.00 764.81 Total :8,917.69 116073 12/17/2009 071467 S MORRIS COMPANY 12/01/09 ACCT#70014, ANIMAL CONTROL-EDMONDS PD #789128 8 NPC 10/26/09 001.000.410.521.700.410.00 85.44 #110361 6 NPC 11/09/09 001.000.410.521.700.410.00 64.08 Total :149.52 116074 12/17/2009 072802 SCIENCE EXPRESS LLC SCIENCE11591 PRESCHOOL SCIENCE CLUB PRESCHOOL SCIENCE CLUB~ 001.000.640.574.200.410.00 126.00 Total :126.00 116075 12/17/2009 061482 SEA-WESTERN INC 139019 OPS REPAIR/MAINT Compressor service work 001.000.510.522.200.480.00 2,790.00 9.5% Sales Tax 001.000.510.522.200.480.00 265.05 Total :3,055.05 116076 12/17/2009 061135 SEAVIEW CHEVROLET 260136 Unit 16 - Painttube Unit 16 - Painttube 511.000.657.548.680.310.00 8.82 9.5% Sales Tax 511.000.657.548.680.310.00 0.84 49Page: Packet Page 80 of 233 12/17/2009 Voucher List City of Edmonds 50 12:20:29PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 116076 12/17/2009 (Continued)061135 SEAVIEW CHEVROLET Unit 5 - Pad Kit84770 Unit 5 - Pad Kit 511.000.657.548.680.310.00 154.44 9.5% Sales Tax 511.000.657.548.680.310.00 14.67 Total :178.77 116077 12/17/2009 036070 SHANNON TOWING INC 193927 INV#193927 - EDMONDS PD - CASE #09-4257 TOWING SUBARU LEGACY 653XLT 001.000.410.521.220.410.00 197.50 9.5% Sales Tax 001.000.410.521.220.410.00 18.76 Total :216.26 116078 12/17/2009 036509 SIGNATURE FORMS INC 1092036 WARRANT OF ARREST FORMS WARRANT OF ARREST FORMS 001.000.230.512.501.310.00 1,038.73 Total :1,038.73 116079 12/17/2009 067644 SIGNON 10808 INTERPRETER FEES INTERPRETER FEES 001.000.230.512.500.490.01 370.04 INTERPRETER FEE10894 INTERPRETER FEE 001.000.230.512.500.490.01 185.02 Total :555.06 116080 12/17/2009 060855 SILVER LAKE TROPHY &17278 Plaque for Councilmember Wambolt Plaque for Councilmember Wambolt 001.000.110.511.100.490.00 62.36 Total :62.36 116081 12/17/2009 037375 SNO CO PUD NO 1 5320018384 SIERRA PARK BALLFIELD SIERRA PARK BALLFIELD 001.000.640.576.800.470.00 32.56 50Page: Packet Page 81 of 233 12/17/2009 Voucher List City of Edmonds 51 12:20:29PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :32.5611608112/17/2009 037375 037375 SNO CO PUD NO 1 116082 12/17/2009 037375 SNO CO PUD NO 1 178106096 206-001-485-5 24400 HIGHWAY 99/RICHMOND PARK 411.000.656.538.800.471.62 30.24 9.5% Sales Tax 411.000.656.538.800.471.62 1.81 463-001-671-7567065169 8421 244TH ST SW/RICHMOND PARK 411.000.656.538.800.471.62 30.24 9.5% Sales Tax 411.000.656.538.800.471.62 1.81 620-001-500-3652008625 VARIOUS LOCATIONS 411.000.656.538.800.471.62 7.15 9.5% Sales Tax 411.000.656.538.800.471.62 0.43 Total :71.68 116083 12/17/2009 037375 SNO CO PUD NO 1 2880012519 SIGNAL LIGHT SIGNAL LIGHT 111.000.653.542.640.470.00 32.56 TELEMETRY SYSTEM4640017416 TELEMETRY SYSTEM 411.000.654.534.800.470.00 30.24 Total :62.80 116084 12/17/2009 065910 SNOCOM 911 COMMUNICATIONS 661 ALS PROF SERV '09 EMS trnspt fee prgm 001.000.510.526.100.410.00 5,011.00 Total :5,011.00 116085 12/17/2009 006630 SNOHOMISH COUNTY i000238765 SOLID WASTE CHARGES SOLID WASTE CHARGES 001.000.640.576.800.470.00 316.00 Total :316.00 51Page: Packet Page 82 of 233 12/17/2009 Voucher List City of Edmonds 52 12:20:29PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 116086 12/17/2009 067609 SNOHOMISH COUNTY CITIES 12/10/09 2010 Membership dues 2010 Membership dues 001.000.210.513.100.490.00 50.00 2010 Membership dues 001.000.110.511.100.490.00 50.00 Total :100.00 116087 12/17/2009 064351 SNOHOMISH COUNTY TREASURER 2009180 INV#2009180 EDMONDS PD 72.50 BOOKINGS FOR 11/09 001.000.410.523.600.510.00 6,725.10 612.00 HOUSING DAYS FOR 11/09 001.000.410.523.600.510.00 37,399.32 Total :44,124.42 116088 12/17/2009 070167 SNOHOMISH COUNTY TREASURER crime victims crime victims crime victims 001.000.000.237.140.000.00 780.96 Total :780.96 116089 12/17/2009 038300 SOUND DISPOSAL CO 03584 RECYCLING RECYCLING 411.000.656.538.800.475.66 28.25 9.5% Sales Tax 411.000.656.538.800.475.66 1.70 Total :29.95 116090 12/17/2009 070677 SPRINT 502779811-024 INV#502779811-024 EDMONDS PD DATA CARDS 12/07 - 01/06/2010 001.000.410.521.220.420.00 169.97 Total :169.97 116091 12/17/2009 071585 STERICYCLE INC 3000720012 INV#3000720012 CUST#6076358 EDMONDS PD MINIMUM MONTHLY SERVICE CHG 001.000.410.521.910.410.00 10.00 9.5% Sales Tax 001.000.410.521.910.410.00 0.36 52Page: Packet Page 83 of 233 12/17/2009 Voucher List City of Edmonds 53 12:20:29PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :10.3611609112/17/2009 071585 071585 STERICYCLE INC 116092 12/17/2009 040430 STONEWAY ELECTRIC SUPPLY 2045506 FAC - Elect Supplies FAC - Elect Supplies 001.000.651.519.920.310.00 167.31 9.5% Sales Tax 001.000.651.519.920.310.00 15.89 Fac Maint - Elect Supplies2049882 Fac Maint - Elect Supplies 001.000.651.519.920.310.00 58.59 City Hall - Elect Supplies 001.000.651.519.920.310.00 2.71 9.5% Sales Tax 001.000.651.519.920.310.00 5.82 Log Cabin - Elect Supplies2059961 Log Cabin - Elect Supplies 001.000.651.519.920.310.00 262.33 9.5% Sales Tax 001.000.651.519.920.310.00 24.92 Fac Maint - Elect Supplies2059962 Fac Maint - Elect Supplies 001.000.651.519.920.310.00 221.75 PS - Elect Supplies 001.000.651.519.920.310.00 70.35 9.5% Sales Tax 001.000.651.519.920.310.00 27.75 Total :857.42 116093 12/17/2009 068360 SUMMIT LAW GROUP 44420 Investigation services Investigation services 001.000.651.519.920.410.00 2,327.50 Total :2,327.50 116094 12/17/2009 072555 SYSTEMS DESIGN ED1109 ALS PROF SERV Oct EMS bill services 001.000.510.526.100.410.00 3,952.52 53Page: Packet Page 84 of 233 12/17/2009 Voucher List City of Edmonds 54 12:20:29PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :3,952.5211609412/17/2009 072555 072555 SYSTEMS DESIGN 116095 12/17/2009 072772 T E BRIGGS CONSTRUCTION CO E6DB.Pmt 6 E6DB.Pmt 6 thru 11/30/09 E6DB.Pmt 6 thru 11/30/09 112.200.630.595.330.650.00 18,955.03 E6DB.Retainage 6 112.200.000.223.400.000.00 -1,005.46 Total :17,949.57 116096 12/17/2009 040917 TACOMA SCREW PRODUCTS INC 18888965 100323 TURNBUCKLE/EYE BOLT 411.000.656.538.800.310.21 49.34 9.5% Sales Tax 411.000.656.538.800.310.21 4.69 Total :54.03 116097 12/17/2009 040917 TACOMA SCREW PRODUCTS INC 10898476 Shop Supplies Shop Supplies 511.000.657.548.680.311.00 30.42 9.5% Sales Tax 511.000.657.548.680.311.00 2.89 Fac Maint - E Clip Assort18888296 Fac Maint - E Clip Assort 001.000.651.519.920.310.00 41.19 9.5% Sales Tax 001.000.651.519.920.310.00 3.91 Total :78.41 116098 12/17/2009 073049 TEC-WORKS INC 11640 Small Equipment for Network Interconnect Small Equipment for Network Interconnect 001.000.310.518.880.350.00 5,686.74 Sales Tax 001.000.310.518.880.350.00 504.46 Total :6,191.20 116099 12/17/2009 072635 TENNESSEE FLAG COMPANY 34462 City Wide - POW Flags Double Sided 54Page: Packet Page 85 of 233 12/17/2009 Voucher List City of Edmonds 55 12:20:29PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 116099 12/17/2009 (Continued)072635 TENNESSEE FLAG COMPANY City Wide - POW Flags Double Sided 001.000.651.519.920.310.00 266.00 Total :266.00 116100 12/17/2009 060167 TEREX UTILITIES 099-16252 Equipment Rental Equipment Rental 511.000.657.548.680.450.00 2,240.00 Total :2,240.00 116101 12/17/2009 009350 THE DAILY HERALD COMPANY 1677711 INV#I1677711-12072009,ACCT#126500 EDMON UNCLAIMED PROPERTY AD-12/07/09 001.000.410.521.100.440.00 36.48 Total :36.48 116102 12/17/2009 009350 THE DAILY HERALD COMPANY 01677077 Citizen's Commission vacancy ad Citizen's Commission vacancy ad 001.000.220.516.100.440.00 68.64 Total :68.64 116103 12/17/2009 071590 TOWEILL RICE TAYLOR LLC Nov2009-Edmonds Hearing Examiner Services Hearing Examiner Services 001.000.620.558.600.410.00 3,500.00 Copies & postageNov2009-Edmonds-EXP Copies & postage 001.000.620.558.600.410.00 14.26 Total :3,514.26 116104 12/17/2009 068322 TRANE 91477679 PS - 3rd Qtr Service Agreement Pmt PS - 3rd Qtr Service Agreement Pmt 001.000.651.519.920.480.00 297.00 9.5% Sales Tax 001.000.651.519.920.480.00 28.22 Total :325.22 116105 12/17/2009 072146 TRUAX, BREANNE TRUAX1213 PLAZA ROOM MONITOR 55Page: Packet Page 86 of 233 12/17/2009 Voucher List City of Edmonds 56 12:20:29PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 116105 12/17/2009 (Continued)072146 TRUAX, BREANNE PLAZA ROOM MONITOR~ 001.000.640.574.100.410.00 105.00 Total :105.00 116106 12/17/2009 066842 TSI 14347 E8GC.VFD Control Panel for Clay Feeder E8GC.VFD Control Panel for Clay Feeder 412.300.630.594.320.650.00 3,650.00 9.5% Sales Tax 412.300.630.594.320.650.00 346.75 Total :3,996.75 116107 12/17/2009 063939 TYLER TECHNOLOGIES INC 20888 2010 Eden Support 56Page: Packet Page 87 of 233 12/17/2009 Voucher List City of Edmonds 57 12:20:29PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 116107 12/17/2009 (Continued)063939 TYLER TECHNOLOGIES INC 2010 Eden Support 411.000.654.534.800.480.00 4,050.86 2010 Eden Support 411.000.655.535.800.480.00 4,050.86 2010 Eden Support 411.000.652.542.900.480.00 4,055.86 2010 Eden Support 001.000.250.514.300.480.00 3,431.50 2010 Eden Support 001.000.310.514.230.480.00 26,003.44 2010 Eden Support 001.000.310.518.880.480.00 4,235.67 2010 Eden Support 001.000.220.516.100.480.00 4,120.80 9.5% Sales Tax 411.000.654.534.800.480.00 384.83 9.5% Sales Tax 411.000.655.535.800.480.00 384.83 9.5% Sales Tax 411.000.652.542.900.480.00 385.31 9.5% Sales Tax 001.000.250.514.300.480.00 325.99 9.5% Sales Tax 001.000.310.514.230.480.00 2,470.33 9.5% Sales Tax 001.000.310.518.880.480.00 402.39 9.5% Sales Tax 001.000.220.516.100.480.00 391.47 Total :54,694.14 116108 12/17/2009 043935 UPS 00002T4T13499 2T4T13 Shipping to Printer Techs.com 001.000.310.518.880.420.00 7.70 Total :7.70 57Page: Packet Page 88 of 233 12/17/2009 Voucher List City of Edmonds 58 12:20:29PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 116109 12/17/2009 062693 US BANK 1070 INV#1070 12/07/09 THOMPSON-EDMONDS PD DOMESTIC VIOLENCE FORMS 1M 001.000.410.521.100.310.00 257.74 EVIDENCE REPORT FORMS 2500 001.000.410.521.910.310.00 671.69 2010 PHYSICIANS DESK REFERENCE 001.000.410.521.210.310.00 64.95 BLACK/DECKER BATTERIES 001.000.410.521.220.310.00 40.00 INV#3181 - BARD - EDMONDS PD3181 KITS FOR CAMERAS 001.000.410.521.220.310.00 23.50 2 CANON POWERSHOT CAMERAS 001.000.410.521.220.350.00 321.45 INV#3215 12/07/09 - COMPAAN - EDMONDS PD3215 FOOD/WASPC/COMPAAN/LAWLESS 001.000.410.521.400.430.00 63.40 FOOD/SCSPC/COMPAAN/LAWLESS 001.000.410.521.100.430.00 32.00 LODGING/WASPC/COMPAAN 001.000.410.521.400.430.00 188.96 LODGING/WASPC/LAWLESS 001.000.410.521.400.430.00 283.44 58Page: Packet Page 89 of 233 12/17/2009 Voucher List City of Edmonds 59 12:20:29PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 116109 12/17/2009 (Continued)062693 US BANK INV#3512 - TRAINING - EDMONDS PD3512 TRANSPORT/CNOA CONF/CRYSTAL 001.000.410.521.400.430.00 16.20 FOOD/CNOA/CRYSTAL 001.000.410.521.400.430.00 7.98 BAG FEE 11/19 /CNOA/CRYSTAL 001.000.410.521.400.430.00 15.00 FOOD/CNOA/CRYSTAL 001.000.410.521.400.430.00 113.19 BAG FEE 11/24/CNOA/CRYSTAL 001.000.410.521.400.430.00 15.00 PARKING/CNOA/CRYSTAL 001.000.410.521.400.430.00 97.18 FOOD/CNOA/CRYSTAL 001.000.410.521.400.430.00 20.00 LODGING/CNOA/CRYSTAL 001.000.410.521.400.430.00 953.55 FOOD/CNOA/CRYSTAL 001.000.410.521.400.430.00 15.17 INV#3520 12/07/09 TRAINING-EDMONDS PD3520 FOOD/WASPC/ANDERSON 001.000.410.521.400.430.00 64.04 LODGING/WASPC/ANDERSON 001.000.410.521.400.430.00 283.44 Total :3,547.88 116110 12/17/2009 062693 US BANK 3207 Holiday breafast invitations Holiday breafast invitations 001.000.210.513.100.490.00 29.52 Retirement poster framing - Dick Anway 001.000.210.513.100.410.00 215.28 Sno. County Mayor's luncheon - 11/24/093264 Sno. County Mayor's luncheon - 11/24/09 001.000.210.513.100.490.00 20.05 59Page: Packet Page 90 of 233 12/17/2009 Voucher List City of Edmonds 60 12:20:29PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 116110 12/17/2009 (Continued)062693 US BANK Harassment training - coffee (12/2/09)3280 Harassment training - coffee (12/2/09) 001.000.220.516.100.310.00 39.42 Holiday breakfast supplies & decorations 001.000.220.516.100.490.00 79.79 Harassment training - coffee (12/4/09) 001.000.220.516.100.310.00 26.28 WWTP Operator ad, #09-31 001.000.220.516.100.440.00 25.00 Total :435.34 116111 12/17/2009 062693 US BANK 2462 TigerDirect-Monitors & Wall Mounts TigerDirect-Monitors & Wall Mounts 001.000.310.518.880.310.00 2,674.82 Microsoft - Tech Support 001.000.310.518.880.410.00 259.00 Sixn Tech - Stereo Cables 001.000.310.518.880.310.00 42.26 Shoplet - Calculator rolls 001.000.310.514.230.310.00 62.91 Domain Name Registration 1 yr 001.000.240.513.110.410.00 73.70 ManageEngine.com support3470 ManageEngine.com support 001.000.310.518.880.410.00 230.00 Total :3,342.69 116112 12/17/2009 062693 US BANK 3306 TRAINING/SLENKER TRAINING/SLENKER 411.000.656.538.800.490.71 1,250.00 Total :1,250.00 116113 12/17/2009 062693 US BANK 3389 Refreshments for Council Meetings 60Page: Packet Page 91 of 233 12/17/2009 Voucher List City of Edmonds 61 12:20:29PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 116113 12/17/2009 (Continued)062693 US BANK Refreshments for Council Meetings 001.000.110.511.100.310.00 18.18 Flowers for deceased Councilmember's 001.000.110.511.100.490.00 54.73 Total :72.91 116114 12/17/2009 062693 US BANK 3223 CORREIRA Ops travel (conf) 001.000.510.522.200.430.00 62.33 HEPLER3272 Admin recogntn suplies 001.000.510.522.100.310.00 121.71 STARTZMAN3397 Recogtn supplies 001.000.510.522.100.310.00 8.23 WHITE3454 USCG vest light 001.000.510.522.200.310.00 81.96 Total :274.23 116115 12/17/2009 062693 US BANK 3249 POSTAGE FOR PASSPORTS APPLICATIONS POSTAGE FOR PASSPORTS APPLICATIONS 001.000.230.512.500.420.00 76.80 Total :76.80 116116 12/17/2009 044960 UTILITIES UNDERGROUND LOC CTR 9110114 utility locates utility locates 411.000.654.534.800.410.00 83.61 utility locates 411.000.655.535.800.410.00 83.61 utility locates 411.000.652.542.900.410.00 83.63 Total :250.85 116117 12/17/2009 011900 VERIZON NORTHWEST 425-744-1681 SEAVIEW PARK IRRIGATION MODEM 61Page: Packet Page 92 of 233 12/17/2009 Voucher List City of Edmonds 62 12:20:29PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 116117 12/17/2009 (Continued)011900 VERIZON NORTHWEST SEAVIEW PARK IRRIGATION MODEM 001.000.640.576.800.420.00 42.68 SIERRA PARK IRRIGATION MODEM425-744-1691 SIERRA PARK IRRIGATION MODEM 001.000.640.576.800.420.00 42.02 GROUNDS MAINTENANCE FAX MODEM425-776-5316 GROUNDS MAINTENANCE FAX MODEM 001.000.640.576.800.420.00 107.96 Total :192.66 116118 12/17/2009 011900 VERIZON NORTHWEST 425 771-5553 03 0210 1014522641 07 AUTO DIALER 411.000.656.538.800.420.00 75.48 03 0210 1079569413 10425 NW1-0060 BPS TELEMETRY 411.000.656.538.800.420.00 41.34 03 0210 1099569419 02425 NW1-0155 TELEMETRY 411.000.656.538.800.420.00 217.39 Total :334.21 116119 12/17/2009 011900 VERIZON NORTHWEST 425-774-1031 Sewer- Lift Station Sewer- Lift Station 411.000.655.535.800.420.00 45.77 LIBRARY ELEVATOR PHONE425-776-1281 LIBRARY ELEVATOR PHONE 001.000.651.519.920.420.00 42.68 1ST & PINE CIRCUIT LINE PT EDWARDS425-AB9-0530 1st & Pine Circuit Line for Pt Edwards 411.000.655.535.800.420.00 40.62 Total :129.07 116120 12/17/2009 067865 VERIZON WIRELESS 0818716885 C/A 571242650-0001 62Page: Packet Page 93 of 233 12/17/2009 Voucher List City of Edmonds 63 12:20:29PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 116120 12/17/2009 (Continued)067865 VERIZON WIRELESS 10/23-11/22/09 Blackberry Cell Phone 001.000.620.524.100.420.00 99.69 10/23-11/22/09 Blackberry Cell Phone 001.000.250.514.300.420.00 56.68 10/23-11/22/09 Blackberry Cell Phone 001.000.230.512.500.420.00 114.85 10/23-11/22/09 Blackberry Cell Phone 001.000.620.558.800.420.00 56.68 10/23-11/22/09 Blackberry Cell Phone 001.000.620.558.600.420.00 56.68 10/23-11/22/09 Blackberry Cell Phone 001.000.610.519.700.420.00 56.68 10/23-11/22/09 Blackberry Cell Phone 001.000.620.532.200.420.00 214.97 10/23-11/22/09 Blackberry Cell Phone 001.000.651.519.920.420.00 118.35 10/23-11/22/09 Blackberry Cell Phone 001.000.310.514.230.420.00 56.68 10/23-11/22/09 Blackberry Cell Phone 001.000.510.522.100.420.00 56.68 10/23-11/22/09 Blackberry Cell Phone 001.000.510.522.300.420.00 56.68 10/23-11/22/09 Blackberry Cell Phone 001.000.510.522.200.420.00 357.54 10/23-11/22/09Blackberry Cell Phone 001.000.510.522.200.420.00 86.02 10/23-11/22/09 Blackberry Cell Phone 001.000.220.516.100.420.00 56.75 10/23-11/22/09 Blackberry Cell Phone 001.000.310.518.880.420.00 377.63 10/23-11/22/09 Blackberry Cell Phone 001.000.210.513.100.420.00 168.02 10/23-11/22/09 Blackberry Cell Phone 001.000.640.574.100.420.00 57.25 63Page: Packet Page 94 of 233 12/17/2009 Voucher List City of Edmonds 64 12:20:29PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 116120 12/17/2009 (Continued)067865 VERIZON WIRELESS 10/23-11/22/09 Blackberry Cell Phone 001.000.410.521.220.420.00 1,061.22 10/23-11/22/09 Blackberry Air Cards 001.000.410.521.220.420.00 258.08 10/23-11/22/09 Blackberry Cell Phone 001.000.650.519.910.420.00 56.68 10/23-11/22/09 Blackberry Cell Phone 411.000.652.542.900.420.00 59.63 10/23-11/22/09 Blackberry Cell Phone 511.000.657.548.680.420.00 58.42 10/23-11/22/09 Blackberry Cell Phone 411.000.654.534.800.420.00 56.83 10/23-11/22/09 Blackberry Cell Phone 411.000.655.535.800.420.00 56.83 10/23-11/22/09 Blackberry Cell Phone 411.000.656.538.800.420.00 122.38 10/23-11/22/09 Blackberry Cell Phone 411.000.655.535.800.420.00 59.01 Total :3,836.91 116121 12/17/2009 073045 WA ASSOC OF SEWER & WATER 091210-002 WWTP Operator ad, #09-31 WWTP Operator ad, #09-31 411.000.656.538.800.440.00 50.00 Total :50.00 116122 12/17/2009 073036 WALTER, SUSANNE C 0348609 Overpaid for photocopies Overpaid for photocopies 001.000.000.341.690.000.00 45.66 9.5% Sales Tax 001.000.000.237.110.000.00 4.34 Total :50.00 116123 12/17/2009 071986 WASHINGTON INDUSTRIAL 902 10/09 C-316 C-316 SECONDARY CLARIFIER #2 414.000.656.594.320.650.10 7,413.12 64Page: Packet Page 95 of 233 12/17/2009 Voucher List City of Edmonds 65 12:20:29PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :7,413.1211612312/17/2009 071986 071986 WASHINGTON INDUSTRIAL 116124 12/17/2009 067195 WASHINGTON TREE EXPERTS 06-7929 Street - Tree Removal at 18910 81st Ave Street - Tree Removal at 18910 81st Ave 111.000.653.542.710.410.00 460.00 Total :460.00 116125 12/17/2009 045912 WASPC 110202 ELECTRONIC HOME MONTORING ELECTRONIC HOME MONTORING 001.000.230.523.200.510.00 345.00 Total :345.00 116126 12/17/2009 073044 WENG-HUNG, VICKY 268 INTERPRETER FEE INTERPRETER FEE 001.000.230.512.500.490.01 100.00 INTERPRETER FEE293 INTERPRETER FEE 001.000.230.512.500.490.01 94.14 INTERPRETER FEE660 INTERPRETER FEE 001.000.230.512.500.490.01 80.00 Total :274.14 116127 12/17/2009 066678 WSDA PESTICIDE MGMT DIVISION 2010PESTICIDE PESTICIDE RENEWAL APPLICATIONS 2010 PESTICIDE LICENSE RENEWAL 001.000.640.576.800.490.00 66.00 Total :66.00 116128 12/17/2009 070432 ZACHOR & THOMAS PS INC 912 DEC-09 RETAINER Dec-09 Retainer 001.000.360.515.230.410.00 11,330.00 Total :11,330.00 116129 12/17/2009 051282 ZUMAR INDUSTRIES INC 0137030 Traffic Control supplies 65Page: Packet Page 96 of 233 12/17/2009 Voucher List City of Edmonds 66 12:20:29PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 116129 12/17/2009 (Continued)051282 ZUMAR INDUSTRIES INC Traffic Control supplies 111.000.653.542.640.310.00 1,020.20 9.5% Sales Tax 111.000.653.542.640.310.00 96.92 SHIPPING FEES0137091 Freight 111.000.653.542.640.310.00 65.00 9.5% Sales Tax 111.000.653.542.640.310.00 6.18 Total :1,188.30 Bank total :855,651.44193 Vouchers for bank code :front 855,651.44Total vouchers :Vouchers in this report193 66Page: Packet Page 97 of 233 12/22/2009 Voucher List City of Edmonds 1 9:53:03AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 116130 12/22/2009 069157 AIONA, CYNDI AIONA11681 HULA CLASSES ADULT HULA #11681 001.000.640.574.200.410.00 423.16 Total :423.16 116131 12/22/2009 069829 AMIDO, BENJAMIM AMIDO11533 UKULELE CLASSES UKULELE #11533 001.000.640.574.200.410.00 211.68 Total :211.68 116132 12/22/2009 069751 ARAMARK 655-4655116 UNIFORM SERVICES PARK MAINTENANCE UNIFORM SERVICES 001.000.640.576.800.240.00 34.04 9.5% Sales Tax 001.000.640.576.800.240.00 3.23 Total :37.27 116133 12/22/2009 072005 BROCKMANN, KERRY BROCKMANN11587 YOGA CLASSES YOGA PILATES FUSION 001.000.640.575.540.410.00 77.00 YOGA #11503 001.000.640.575.540.410.00 492.80 Total :569.80 116134 12/22/2009 071942 CAMPBELL, JULANN CAMPBELL11411 OIL PAINTING CLASSES OIL PAINTING #11411 001.000.640.574.200.410.00 231.00 OIL PAINTING #11410 001.000.640.574.200.410.00 323.40 Total :554.40 116135 12/22/2009 003255 CANINE COLLEGE CANINE11675 PLAY TRAINING YOUR DOG PLAY TRAINING YOUR DOG~ 001.000.640.574.200.410.00 168.00 Total :168.00 1Page: Packet Page 98 of 233 12/22/2009 Voucher List City of Edmonds 2 9:53:03AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 116136 12/22/2009 073029 CANON FINANCIAL SERVICES 9525969 INV # 9525969 CUST #572105 EDMONDS PD MONTHLY COPIER RENTAL 001.000.410.521.100.450.00 581.60 9.5% Sales Tax 001.000.410.521.100.450.00 55.25 Total :636.85 116137 12/22/2009 068484 CEMEX E9CA.Pmt 2 E9CA.Pmt 2 thru 11/30/09 E9CA.Pmt 2 thru 11/30/09 112.200.630.595.330.650.00 118,831.93 Total :118,831.93 116138 12/22/2009 066070 CIT TECHNOLOGY FIN SERV INC 15788431 COPIER LEASE PW copier lease for PW~ 001.000.650.519.910.450.00 607.12 Total :607.12 116139 12/22/2009 072341 CRESS, LORI Fall Q-09 Tuition Reimbursement L Cress Business Tuition Reimbursement L Cress Business 001.000.220.516.100.490.00 403.00 Fee reimbusement L Cress 001.000.310.514.230.490.00 71.25 Total :474.25 116140 12/22/2009 072189 DATASITE 64057 SHREDDING SERVICES/CABINETS Doc Shred Services City Clerk 001.000.250.514.300.410.00 20.00 Doc Shred Services Finance 001.000.310.514.230.410.00 20.00 Total :40.00 116141 12/22/2009 006626 DEPT OF ECOLOGY JEN MACHUGA Registration for Jen Machuga for Registration for Jen Machuga for 001.000.620.558.600.490.00 75.00 Total :75.00 116142 12/22/2009 064531 DINES, JEANNIE 09-3054 MINUTE TAKING 2Page: Packet Page 99 of 233 12/22/2009 Voucher List City of Edmonds 3 9:53:03AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 116142 12/22/2009 (Continued)064531 DINES, JEANNIE 12/15 Council Minutes 001.000.250.514.300.410.00 456.00 Total :456.00 116143 12/22/2009 069523 EDMONDS P&R YOUTH SCHOLARSHIP WHITE1210 YOUTH SCHOLARSHIPS YOUTH SCHOLARSHIP:~ 122.000.640.574.100.490.00 150.00 Total :150.00 116144 12/22/2009 008705 EDMONDS WATER DIVISION 1-00825 BRACKETT'S LANDING RESTROOM BRACKETT'S LANDING RESTROOM 001.000.640.576.800.470.00 405.43 EDMONDS CITY PARK1-05650 EDMONDS CITY PARK 001.000.640.576.800.470.00 23.80 CORNER PARK1-09650 CORNER PARK 001.000.640.576.800.470.00 31.97 SW CORNER SPRINKLER1-09800 SW CORNER SPRINKLER 001.000.640.576.800.470.00 25.84 PLANTER1-10780 PLANTER 001.000.640.576.800.470.00 42.17 5TH & DAYTON ST PLANTER1-17475 5TH & DAYTON ST PLANTER 001.000.640.576.800.470.00 38.09 WATER1-36255 1141 9TH AVE S 001.000.640.576.800.470.00 34.01 Total :601.31 116145 12/22/2009 008705 EDMONDS WATER DIVISION 1-00655 Lift St 7 -New Water Line Lift St 7 -New Water Line 411.000.655.535.800.470.00 34.01 3Page: Packet Page 100 of 233 12/22/2009 Voucher List City of Edmonds 4 9:53:03AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 116145 12/22/2009 (Continued)008705 EDMONDS WATER DIVISION LIFT STATION #81-00925 LIFT STATION #8 411.000.655.535.800.470.00 27.88 LIFT STATION #11-01950 LIFT STATION #1 411.000.655.535.800.470.00 25.84 LIFT STATION #21-02675 LIFT STATION #2 411.000.655.535.800.470.00 23.80 Public Works Fountain, Bldgs & Restrooms1-03950 Public Works Fountain, Bldgs & Restrooms 411.000.654.534.800.470.00 359.66 Public Works Meter Shop1-05350 Public Works Meter Shop 411.000.654.534.800.470.00 77.30 LIFT STATION #61-05705 LIFT STATION #6 411.000.655.535.800.470.00 50.50 CITY HALL1-13975 CITY HALL 001.000.651.519.920.470.00 385.03 CITY HALL1-14000 CITY HALL 001.000.651.519.920.470.00 74.80 LIFT STATION #144-34080 LIFT STATION #14 411.000.655.535.800.470.00 23.80 Total :1,082.62 116146 12/22/2009 071008 EICHHOLZ, MICHAEL EICHHOLZ1218 BASKETBALL REFEREE BASKETBALL REFEREE @ ANDERSON CENTER~ 001.000.640.575.520.410.00 154.00 Total :154.00 116147 12/22/2009 072796 GIPPERT, WINFIELD GIPPERT1214 BASKETBALLSCOREKEEPER 4Page: Packet Page 101 of 233 12/22/2009 Voucher List City of Edmonds 5 9:53:03AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 116147 12/22/2009 (Continued)072796 GIPPERT, WINFIELD BASKETBALL SCOREKEEPER @ ANDERSON CENTER 001.000.640.575.520.410.00 93.00 Total :93.00 116148 12/22/2009 073046 LANI O'CONNOR PE ICOE 091130 BLD9-0795/Lowenthal structural and plan BLD9-0795/Lowenthal structural and plan 001.000.620.524.100.410.00 1,027.00 Total :1,027.00 116149 12/22/2009 072492 MOLINA, NILDA MOLINA11558 ZUMBA CLASSES ZUMBA #11558 001.000.640.575.540.410.00 196.00 Total :196.00 116150 12/22/2009 023870 NATIONAL REC & PARK ASSOC MCINTOSH2010 MEMBERSHIP 2010 MEMBERSHIP RENEWAL:~ 001.000.640.574.100.490.00 140.00 Total :140.00 116151 12/22/2009 025690 NOYES, KARIN 000 00 685 Planning Board minutes (EDC) on Dec. 9 Planning Board minutes (EDC) on Dec. 9 001.000.620.558.600.410.00 496.00 HPC Minutes 12/10/09.000 00 687 HPC Minutes 12/10/09. 001.000.620.558.600.410.00 128.00 Total :624.00 116152 12/22/2009 066339 PACIFIC OFFICE AUTOMATION 970814 B/W copy overage fee (2768) 5Page: Packet Page 102 of 233 12/22/2009 Voucher List City of Edmonds 6 9:53:03AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 116152 12/22/2009 (Continued)066339 PACIFIC OFFICE AUTOMATION B/W copy overage fee (2768) 411.000.654.534.800.480.00 12.56 B/W copy overage fee (2768) 411.000.655.535.800.480.00 12.56 B/W copy overage fee (2768) 411.000.652.542.900.480.00 12.56 B/W copy overage fee (2768) 111.000.653.542.900.480.00 12.56 Color copy overage fee (462) 411.000.654.534.800.480.00 12.44 Color copy overage fee (462) 411.000.655.535.800.480.00 12.44 Color copy overage fee (462) 411.000.652.542.900.480.00 12.44 Color copy overage fee (462) 111.000.653.542.900.480.00 12.43 9.5% Sales Tax 411.000.654.534.800.480.00 2.38 9.5% Sales Tax 411.000.655.535.800.480.00 2.38 9.5% Sales Tax 411.000.652.542.900.480.00 2.38 9.5% Sales Tax 111.000.653.542.900.480.00 2.36 Total :109.49 116153 12/22/2009 069944 PECK, ELIZABETH PECK11384 PILATES STRETCH & SCULPT PILATES STRETCH & SCULPT~ 001.000.640.575.540.410.00 108.50 Total :108.50 116154 12/22/2009 069065 PIONEER RESEARCH CORP 214550 GRAFFITI WIPES 6Page: Packet Page 103 of 233 12/22/2009 Voucher List City of Edmonds 7 9:53:03AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 116154 12/22/2009 (Continued)069065 PIONEER RESEARCH CORP GRAFFITI WIPES 001.000.640.576.800.310.00 349.00 Freight 001.000.640.576.800.310.00 15.61 Total :364.61 116155 12/22/2009 064552 PITNEY BOWES 3833100dc09 POSTAGE METER LEASE Lease 11/30 to 12/30 001.000.250.514.300.450.00 866.00 Total :866.00 116156 12/22/2009 071911 PROTZ, MARGARET PROTZ11564 FELDENKRAIS FELDENKRAIS #11564 001.000.640.575.540.410.00 105.70 Total :105.70 116157 12/22/2009 068697 PUBLIC SAFETY TESTING INC PUBLICSAFETY1216 REFUND REFUND OF DAMAGE DEPOSIT 001.000.000.239.200.000.00 200.00 Total :200.00 116158 12/22/2009 072521 SAVAGE, JENNIFER SAVAGE11543 CARDIO KICKBOXING CARDIO KICKBOXING #11543 001.000.640.575.540.410.00 70.00 BOOT CAMP #11627 001.000.640.575.540.410.00 140.00 Total :210.00 116159 12/22/2009 036955 SKY NURSERY 283383 3-WAY SOIL 3 WAY SOIL 001.000.640.576.810.310.00 57.43 9.5% Sales Tax 001.000.640.576.810.310.00 5.46 Total :62.89 116160 12/22/2009 037375 SNO CO PUD NO 1 2060028723 YOST PARK POOL 7Page: Packet Page 104 of 233 12/22/2009 Voucher List City of Edmonds 8 9:53:03AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 116160 12/22/2009 (Continued)037375 SNO CO PUD NO 1 YOST PARK POOL 001.000.640.576.800.470.00 450.86 Total :450.86 116161 12/22/2009 037375 SNO CO PUD NO 1 2470018124 SIGNAL LIGHT SIGNAL LIGHT 111.000.653.542.640.470.00 39.93 fire station # 162540794324 fire station # 16 001.000.651.519.920.470.00 1,571.81 LIFT STATION #92790012476 LIFT STATION #9 411.000.655.535.800.470.00 195.00 Traffic Control Light 21531 HWY 993630573867 Traffic Control Light 21531 HWY 99 111.000.653.542.630.470.00 89.85 BLINKING LIGHT3970013599 BLINKING LIGHT 111.000.653.542.640.470.00 32.05 SIGNAL LIGHT4320010194 SIGNAL LIGHT 111.000.653.542.640.470.00 39.59 Street Lighting (150 Watts = 1834610302228 Street Lighting (150 Watts = 183 111.000.653.542.640.470.00 1,421.87 TRAFFIC LIGHT5450016042 TRAFFIC LIGHT 111.000.653.542.640.470.00 202.71 SCHOOL FLASHING LIGHTS5470012336 SCHOOL FLASHING LIGHTS 111.000.653.542.640.470.00 32.05 TRAFFIC LIGHT5510015661 TRAFFIC LIGHT 111.000.653.542.640.470.00 31.55 8Page: Packet Page 105 of 233 12/22/2009 Voucher List City of Edmonds 9 9:53:03AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :3,656.4111616112/22/2009 037375 037375 SNO CO PUD NO 1 116162 12/22/2009 072562 STUDIO3MUSIC LLC KINDERMUSIK11472 KINDERMUSIK CLASSES KINDERMUSIK #11472 001.000.640.574.200.410.00 1,178.80 KINDERMUSIK #11473 001.000.640.574.200.410.00 862.40 KINDERMUSIK #11471 001.000.640.574.200.410.00 714.00 Total :2,755.20 116163 12/22/2009 009350 THE DAILY HERALD COMPANY 1676727 NEWSPAPER AD CPSGMHB Hearing 001.000.250.514.300.440.00 72.60 NEWSPAPER AD1676729 Firdale Hearing 001.000.250.514.300.440.00 204.36 Total :276.96 116164 12/22/2009 072146 TRUAX, BREANNE TRUAX1220 PLAZA ROOM MONITOR PLAZA ROOM MONITOR~ 001.000.640.574.100.410.00 60.00 Total :60.00 116165 12/22/2009 062693 US BANK 3538 CREDIT CARD TRANSACTIONS 9Page: Packet Page 106 of 233 12/22/2009 Voucher List City of Edmonds 10 9:53:03AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 116165 12/22/2009 (Continued)062693 US BANK RESTOCKING MEDICAL KITS, ETC. 001.000.640.575.550.310.00 67.89 PAPER 001.000.640.574.200.310.00 14.22 CHEERLEADING/GYMNASTICS SUPPLIES 001.000.640.575.550.310.00 20.97 WRITE ON THE SOUND SUPPLIES~ 117.100.640.573.100.490.00 236.90 PROFESSIONAL MEMBERSHIP: AMERICANS FOR 117.100.640.573.100.490.00 150.00 FLASHDRIVES FOR YOST POOL 001.000.640.574.200.310.00 98.52 GYMNASTICS SPOTTING BELT 001.000.640.575.550.310.00 129.90 Total :718.40 116166 12/22/2009 062693 US BANK 3348 Great Wolf Lodges - Room Deposit- APWA Great Wolf Lodges - Room Deposit- APWA 001.000.650.519.910.430.00 158.40 Guardian Sec - Dec 2009 Alarm Monitoring3405 Guardian Sec - Dec 2009 Alarm Monitoring 001.000.651.519.920.480.00 55.00 Guardian Sec - Jan 2010 Alarm Monitoring 001.000.651.519.920.480.00 55.00 Owen Equip - Fleet/Street - Training on3546 Owen Equip - Fleet/Street - Training on 511.000.657.548.680.490.00 50.00 Owen Equip - Fleet/Street - Training on 111.000.653.542.310.490.00 50.00 Franklin Covey - 2010 Scheduler Pages 001.000.650.519.910.310.00 43.86 Franklin Covey - 2010 Daily Planner 411.000.654.534.800.310.00 38.27 Total :450.53 10Page: Packet Page 107 of 233 12/22/2009 Voucher List City of Edmonds 11 9:53:03AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 116167 12/22/2009 062693 US BANK 3462 CITY CLERK PURCHASE CARD Misc recorded documents 001.000.250.514.300.490.00 62.00 Recording of Utility Liens 411.000.654.534.800.490.00 1,323.50 Recording of Utility Liens 411.000.655.535.800.490.00 1,323.50 Notary supplies 001.000.250.514.300.310.00 277.42 Total :2,986.42 116168 12/22/2009 011900 VERIZON NORTHWEST 425-672-7132 FLEET MAINTENANCE FAX LINE FLEET MAINTENANCE FAX LINE 511.000.657.548.680.420.00 94.80 Lift St 7 - New Line Installation and425-776-2742 Lift St 7 - New Line Installation and 411.000.655.535.800.420.00 317.29 Lift St 8 - New Service Installation425-778-5982 Lift St 8 - New Service Installation 411.000.655.535.800.420.00 236.08 Total :648.17 116169 12/22/2009 049500 WEST PUBLISHING 819675132 CODE SUPPLEMENT RCW Supplement 001.000.250.514.300.310.00 121.00 9.5% Sales Tax 001.000.250.514.300.310.00 11.48 Total :132.48 Bank total :141,316.0140 Vouchers for bank code :front 141,316.01Total vouchers :Vouchers in this report40 11Page: Packet Page 108 of 233 12/22/2009 Voucher List City of Edmonds 12 9:53:03AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 12Page: Packet Page 109 of 233 12/30/2009 Voucher List City of Edmonds 1 8:52:56AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 116170 12/30/2009 001375 AMERICAN PLANNING ASSOCIATION 040706090929 APA Group Admin Fee APA Group Admin Fee 001.000.620.558.600.490.00 100.00 APA membership PB WA Chapter040706091004PBM APA membership PB WA Chapter 001.000.620.558.600.490.00 362.50 Total :462.50 116171 12/30/2009 064343 AT&T 425-771-0152 STATION #16 FAX STATION #16 FAX 001.000.510.522.200.420.00 36.09 Total :36.09 116172 12/30/2009 001702 AWC EMPLOY BENEFIT TRUST January AWC JANUARY AWC PREMIUMS January AWC Premiums 811.000.000.231.510.000.00 253,945.82 January Fire Pension AWC 617.000.510.522.200.230.00 4,197.55 Retirees AWC Premiums 009.000.390.517.370.230.00 27,322.73 Total :285,466.10 116173 12/30/2009 061659 BAILEY'S TRADITIONAL TAEKWON BAILEYS11712 TAEKWON DO CLASSES TAEKWON-DO TOT #11712 001.000.640.574.200.410.00 166.40 TAEKWON-DO - TOT #12118 001.000.640.574.200.410.00 145.60 Total :312.00 116174 12/30/2009 060502 BERG, COLIN BERG11448 TAI CHI CLASSES TAI CHI #11448 001.000.640.575.540.410.00 303.50 Total :303.50 116175 12/30/2009 003510 CENTRAL WELDING SUPPLY LY151235 ALS SUPPLIES 1Page: Packet Page 110 of 233 12/30/2009 Voucher List City of Edmonds 2 8:52:56AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 116175 12/30/2009 (Continued)003510 CENTRAL WELDING SUPPLY medical oxygen 001.000.510.526.100.310.00 102.19 Freight 001.000.510.526.100.310.00 17.50 9.5% Sales Tax 001.000.510.526.100.310.00 11.37 ALS SUPPLIESLY151377 medical oxygen 001.000.510.526.100.310.00 80.43 Freight 001.000.510.526.100.310.00 17.50 9.5% Sales Tax 001.000.510.526.100.310.00 9.30 ALS SUPPLIESLY151379 medical oxygen 001.000.510.526.100.310.00 34.47 Freight 001.000.510.526.100.310.00 17.50 9.5% Sales Tax 001.000.510.526.100.310.00 4.93 ALS SUPPLIESLY151380 medical oxygen 001.000.510.526.100.310.00 11.49 Freight 001.000.510.526.100.310.00 17.50 9.5% Sales Tax 001.000.510.526.100.310.00 2.75 Total :326.93 116176 12/30/2009 066382 CINTAS CORPORATION 460577353 OPS UNIFORMS Stn. 16 001.000.510.522.200.240.00 139.89 9.5% Sales Tax 001.000.510.522.200.240.00 13.29 UNIFORMS460579953 2Page: Packet Page 111 of 233 12/30/2009 Voucher List City of Edmonds 3 8:52:56AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 116176 12/30/2009 (Continued)066382 CINTAS CORPORATION Stn 17 - ALS 001.000.510.526.100.240.00 113.19 Stn 17 - OPS 001.000.510.522.200.240.00 113.19 9.5% Sales Tax 001.000.510.526.100.240.00 10.76 9.5% Sales Tax 001.000.510.522.200.240.00 10.75 OPS UNIFORMS460582023 Stn. 16 001.000.510.522.200.240.00 139.89 9.5% Sales Tax 001.000.510.522.200.240.00 13.29 Total :554.25 116177 12/30/2009 004095 COASTWIDE LABS W2139199 OPS SUPPLIES stations' supplies 001.000.510.522.200.310.00 203.94 9.5% Sales Tax 001.000.510.522.200.310.00 19.37 Total :223.31 116178 12/30/2009 061570 DAY WIRELESS SYSTEMS - 16 145875 OPS COMMUNICATIONS Repair Motorola VRM 650 001.000.510.522.200.420.00 567.90 9.5% Sales Tax 001.000.510.522.200.420.00 52.24 Total :620.14 116179 12/30/2009 061570 DAY WIRELESS SYSTEMS - 16 145876 OPS COMMUNICATIONS Repair VRM650 001.000.510.522.200.420.00 567.90 9.5% Sales Tax 001.000.510.522.200.420.00 52.24 3Page: Packet Page 112 of 233 12/30/2009 Voucher List City of Edmonds 4 8:52:56AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :620.1411617912/30/2009 061570 061570 DAY WIRELESS SYSTEMS - 16 116180 12/30/2009 068591 DOUBLEDAY, MICHAEL 122009 STATE LOBBYIST CHARGES FOR DECEMBER 2009 State lobbyist charges for Dec 2009 001.000.610.519.700.410.00 2,391.25 Total :2,391.25 116181 12/30/2009 069605 EAGLE EYE CONSULTING ENGINEERS 2009032 Prof Serv /Bldg Isaacson Residence Prof Serv /Bldg Isaacson Residence 001.000.620.524.100.410.00 1,450.91 Total :1,450.91 116182 12/30/2009 069523 EDMONDS P&R YOUTH SCHOLARSHIP DICKERSON1217 YOUTH SCHOLARSHIP YOUTH SCHOLARSHIP:~ 122.000.640.574.100.490.00 75.00 Total :75.00 116183 12/30/2009 068617 GLEISNER, BARBARA GLEISNER11446 TAI CHI CLASSES TAI CHI #11446 001.000.640.575.540.410.00 168.00 Total :168.00 116184 12/30/2009 069332 HEALTHFORCE OCCMED 2126-143 OPS PROF SERV AY, JM fit for duty 001.000.510.522.200.410.00 1,366.00 Total :1,366.00 116185 12/30/2009 016600 KROESENS INC 100128 OPS UNIFORMS SA boots 001.000.510.522.200.240.00 71.50 9.5% Sales Tax 001.000.510.522.200.240.00 6.79 OPS PROTECTIVE CLOTHING100279 Ford boots 001.000.510.522.200.240.00 248.90 9.5% Sales Tax 001.000.510.522.200.240.00 23.65 4Page: Packet Page 113 of 233 12/30/2009 Voucher List City of Edmonds 5 8:52:56AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :350.8411618512/30/2009 016600 016600 KROESENS INC 116186 12/30/2009 063511 OFFICE MAX INC 561447 Office supplies for DSD Office supplies for DSD 001.000.620.558.800.310.00 806.87 Total :806.87 116187 12/30/2009 063511 OFFICE MAX INC 592205 OPS SUPPLIES stations' supplies 001.000.510.522.200.310.00 127.83 9.5% Sales Tax 001.000.510.522.200.310.00 12.14 Total :139.97 116188 12/30/2009 068476 PEARSON, CARL AND POLLY pearson STORM WATER IMPROVEMENTS storm water improvements-E9FD 412.200.630.594.320.650.00 12,500.00 Total :12,500.00 116189 12/30/2009 069944 PECK, ELIZABETH PECK1228 PILATES STRETCH & SCULPT PILATES STRETCH & SCULPT~ 001.000.640.575.540.410.00 229.60 Total :229.60 116190 12/30/2009 065579 QUIKSIGN 58044 Sign intall - Reimer (PLN-09-49) Sign intall - Reimer (PLN-09-49) 001.000.620.558.600.410.11 185.06 Total :185.06 116191 12/30/2009 038100 SNO-KING STAMP 43859 Stamp for DSD Stamp for DSD 001.000.620.558.800.310.00 18.89 Total :18.89 116192 12/30/2009 060371 STANDARD INSURANCE CO Dec Standard Insuran STANDARD INSURANCE PREMIUMS Standard Insurance Premiums 811.000.000.231.550.000.00 15,205.21 5Page: Packet Page 114 of 233 12/30/2009 Voucher List City of Edmonds 6 8:52:56AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :15,205.2111619212/30/2009 060371 060371 STANDARD INSURANCE CO 116193 12/30/2009 073047 STRAUB, JOHN M 050303 Refund of recording fee. Refund of recording fee. 001.000.000.257.620.000.00 82.00 Total :82.00 116194 12/30/2009 072555 SYSTEMS DESIGN ED1209 ALS PROF SERVICES Nov 09 EMS bill service 001.000.510.526.100.410.00 3,195.28 Total :3,195.28 116195 12/30/2009 009350 THE DAILY HERALD COMPANY 0001676231 Legal Notice Shapiro R-09-19 Legal Notice Shapiro R-09-19 001.000.620.558.600.440.00 44.72 Total :44.72 116196 12/30/2009 011900 VERIZON NORTHWEST 425-774-0944 FS #20-FAX LINE FS #20-FAX LINE 001.000.510.522.200.420.00 51.18 FS #20 PHONE SERVICE425-778-2153 FS #20 PHONE SERVICE 001.000.510.522.200.420.00 49.70 FS #16 FRAME RELAY425-FLO-0017 FS #16 FRAME RELAY 001.000.510.528.600.420.00 356.85 FRAME RELAY FOR FS #20 & SNOCOM425-NW4-3726 FRAME RELAY FOR FS #20 & SNOCOM 001.000.510.528.600.420.00 247.00 Total :704.73 Bank total :327,839.2927 Vouchers for bank code :front 327,839.29Total vouchers :Vouchers in this report27 6Page: Packet Page 115 of 233 12/30/2009 Voucher List City of Edmonds 7 8:52:56AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 7Page: Packet Page 116 of 233 AM-2695 4.D. Claims for Damages Edmonds City Council Meeting Date:01/05/2010 Submitted By:Linda Hynd Submitted For:Sandy Chase Time:Consent Department:City Clerk's Office Type:Action Review Committee: Committee Action: Information Subject Title Acknowledge receipt of a Claim for Damages from Security Contractor Services ($1,775.28), Fidalgo Paving & Construction ($60,215.94), Bob and Wendy Chaffee ($144.66), Penny J. Evers ($165.56), and Brandon M. Johnson ($158.67). Recommendation from Mayor and Staff It is recommended that the City Council acknowledge receipt of the Claims for Damages by minute entry. Previous Council Action N/A Narrative Security Contractor Services 9619 8th Avenue South Seattle, WA 98108 ($1,775.28) Fidalgo Paving & Construction 16825 45 Road Arlington, WA 98223 ($60,215.94) Bob and Wendy Chaffee 715 Hanna Park Road Edmonds, WA 98020 ($144.66) Penny J. Evers 801 Brookmere Drive Edmonds, WA 98020 ($165.56) Brandon M. Johnson Packet Page 117 of 233 8816 216th Street SW Edmonds, WA 98026 ($158.67) Fiscal Impact Attachments Link: Security Contractor Services Claim Link: Fidalgo Paving & Construction Claim Link: Chaffee Claim for Damages Link: Evers Claim for Damages Link: B. Johnson Claim for Damages Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 12/22/2009 01:40 PM APRV 2 Mayor Gary Haakenson 12/22/2009 01:41 PM APRV 3 Final Approval Sandy Chase 12/28/2009 10:55 AM APRV Form Started By: Linda Hynd  Started On: 12/15/2009 10:03 AM Final Approval Date: 12/28/2009 Packet Page 118 of 233 Packet Page 119 of 233 Packet Page 120 of 233 Packet Page 121 of 233 Packet Page 122 of 233 Packet Page 123 of 233 Packet Page 124 of 233 Packet Page 125 of 233 Packet Page 126 of 233 Packet Page 127 of 233 Packet Page 128 of 233 AM-2690 4.E. Professional Services Agreements with Mike Doubleday and Salter Joyce Zyker Edmonds City Council Meeting Date:01/05/2010 Submitted By:Stephen Clifton Time:Consent Department:Community Services Type:Action Review Committee: Committee Action: Information Subject Title Professional Services Agreements between City of Edmonds and Mike Doubleday, and Salter Joyce Zyker. Recommendation from Mayor and Staff City administration recommend approving subject professional services agreements. Previous Council Action Mike Doubleday January 6, 2009 - City Council approved a one-year Professional Services Agreement between the City of Edmonds and Mike Doubleday. Mr. Doubleday has provided services on behalf of the City for the past five years. Salter Joyce Zyker January 6, 2009 - City Council approved a one-year Professional Services Agreement between the City of Edmonds and Salter Joyce Zyker (SJZ). SJZ has provided services on behalf of the City for the past five years. Narrative Mike Doubleday provides intergovernmental support at the State level by providing advocacy for funding mechanisms that will help finance local and regional infrastructure, recreational, environmental and transportation projects, e.g., projects such as Edmonds Crossing and/or minimum build alternatives, Shell Valley Emergency Access Road, and Lake Ballinger, in addition to monitoring and/or supporting legislation that may impact the City of Edmonds. Salter Joyce Zyker serves as an advisor, providing legal services and assistance in the area of environmental law in order to support the City Attorney coordinating the provision of services under the direction of the City. This firm performs environmental legal work on an as needed basis. Fiscal Impact Fiscal Year:2010 Revenue:45670 Expenditure:45670 Packet Page 129 of 233 Fiscal Impact: Expenditures Doubleday $35,670 Salter Joyce Zyker $10,000 (potential) Total $45,670 Total Revenue Community Services $42,000 Public Works $ 3,670 Attachments Link: Attachment 1 - Draft 2010 Doubleday Professional Services Agreement Link: Attachment 2 - Draft 2010 SJZ Professional Services Agreement Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 12/21/2009 11:37 AM APRV 2 Mayor Gary Haakenson 12/21/2009 11:41 AM APRV 3 Final Approval Sandy Chase 12/22/2009 01:40 PM APRV Form Started By: Stephen Clifton  Started On: 12/14/2009 09:28 AM Final Approval Date: 12/22/2009 Packet Page 130 of 233 City of Edmonds 121 FIFTH AVENUE N. ● EDMONDS, WA 98020 ● 425-771-0251 COMMUNITY SERVICES / ECONOMIC DEVELOPMENT DEPARTMENT Gary Haakenson Mayor 0015_2690_Mike Doubleday 2010 Professional Services Agreement.doc PROFESSIONAL SERVICES AGREEMENT MIKE DOUBLEDAY GOVERNMENTAL RELATIONS SERVICES FOR THE CITY OF EDMONDS January 1, 2010 – Dec 31, 2010 THIS AGREEMENT, made and entered into between the City of Edmonds, hereinafter referred to as the “City”, and Mike Doubleday, hereinafter referred to as the “Consultant”; WHEREAS, the City desires to engage the professional services and assistance of a consultant to provide advocacy for funding mechanisms that will help finance local and regional infrastructure, recreational, environmental and transportation projects, e.g., projects such as Edmonds Crossing, Shell Valley Emergency Access Road, Lake Ballinger, and Old Woodway High School Ball Fields, in addition to monitoring and/or supporting legislation that may impact the City of Edmonds. NOW, THEREFORE, in consideration of mutual benefits accruing, it is agreed by and between the parties hereto as follows: 1. Scope of Work. The scope of work shall include all services and material necessary to accomplish the above-mentioned objectives in accordance with the specifics noted below. A. General Description. Provide advocacy for funding mechanisms that will help finance local and regional infrastructure, recreational, environmental and transportation projects, e.g., projects such as Edmonds Crossing and/or minimum build alternatives, Shell Valley Emergency Access Road, and Lake Ballinger. Additional services include monitoring and/or supporting legislation and activities using the City of Edmonds 2010 Legislative Agenda as a non-exclusive scope of work, and providing regular updates to the City. B. Term. This contract shall cover intergovernmental services provided from January 1, 2010 through December 31, 2010. C. Deliverables. Work with the City of Edmonds, Snohomish County Council, local State legislative delegations, appropriate State departments, legislative leadership, the Governor, and other intergovernmental representatives to: 1.) Assist with the passage of legislation favorable to the City of Edmonds; and 2.) Assist with the defeat or veto of legislation that either fiscally harms the City, or imposes unfunded program mandates. Provide monthly and year end reports to the City. 2. Payments. The Consultant shall be paid by the City for completed work for services rendered under this Agreement as provided hereinafter. Such payment shall be full compensation for work Packet Page 131 of 233 Intergovernmental Contract, Page 2 performed or services rendered and for all labor, materials, supplies, equipment and incidentals necessary to complete the work. A. Amount. Payment for work accomplished under the terms of this Agreement shall be Two Thousand Three Hundred Ninety One and 25/100 Dollars ($2,585) per month for when the legislature is not in session, and Four Thousand One Hundred Thirty Five and No/100 Dollars ($4,135) per month while the legislature is in session. Payments shall not exceed Thirty Five Thousand Six Hundred Seventy and No/100 Dollars ($35,670) for activities performed during a 12 month period. All expenses are included in the fee: no expenses shall be reimbursed without prior written approval by the City. Should the legislature meet for part of a month, payment will be prorated based upon the percentage of days convened during the month. B. Process. All vouchers shall be submitted by the Consultant to the City for payment pursuant to the terms of this Agreement. The City shall pay the appropriate amount for each voucher to the Consultant. The Consultant may submit vouchers to the City on or before the fifth of each month for services performed during the previous month. Billings shall show the amount of time spent working each major issue so the City will be advised of the intergovernmental costs of supporting each issue. Invoices will be in a form and content reasonably acceptable to the City and will describe:  Services performed  Number of hours expended in performing the services  Base contract amount  Amount invoiced to date  Current invoiced amount  Contract balance amount C. Record Retention. The costs records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City for a period of three (3) years after final payment. Copies shall be made available upon request. 3. Ownership and use of documents. All research, tests, surveys, preliminary data and any and all other work product prepared or gathered by the Consultant in preparation for the services rendered by the Consultant under this Agreement shall be and are the property of Consultant and shall not be considered public records, provided, however, that: A. Final Document. All final reports, presentations and testimony prepared by the Consultant shall become the property of the City upon their presentation to and acceptance by the City and shall at that date become public records. B. Copies. The City shall have the right, upon reasonable request, to inspect, review and, subject to the approval of the Consultant, copy any work product. C. Default. In the event that the Consultant shall default on this Agreement, or in the event that this contract shall be terminated prior to its completion as herein provided, the work product of the Consultant, along with a summary of work done to date of default or termination, shall become the property of the City and tender of the work product and summary shall be a prerequisite to final payment under this contract. The summary of work done shall be prepared at no additional cost. Packet Page 132 of 233 Intergovernmental Contract, Page 3 4. Hold harmless agreement. In performing the work under this contract, Consultant agrees to protect, indemnify and save the City harmless from and against any and all injury or damage to the City or its property, and also from and against all claims, demands, and cause of action of every kind and character arising directly or indirectly, or in any way incident to, in connection with, or arising out of negligent work performed under the terms hereof, caused by the fault of the Consultant, its agent, employees, representatives or subcontractors. Consultant specifically promises to indemnify the City against claims or suits brought under Title 51 RCW by its employees or subcontractors and waives any immunity that the Consultant may have under that title with respect to, but only to, the City. Consultant further agrees to fully indemnify City from and against any and all costs of defending any such claim or demand to the end that the City is held harmless therefrom. This paragraph shall not apply to damages or claims resulting from the sole negligence of the City. 5. General and professional liability insurance. The Consultant shall secure and maintain in full force and effect during performance of all work pursuant to his contract a policy of business general liability insurance providing coverage of at least $1,000,000 per occurrence and shall name the City as a named insured, and shall include a provision prohibiting cancellation of said policy, except upon thirty (30) days written notice to the City. Certificates of coverage shall be delivered to the City within fifteen (15) days of execution of this Agreement. 6. Discrimination prohibited. Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, age, sex, national origin or physical handicap. 7. Consultant is an independent contractor. The parties intend that an independent contractor relationship will be created by this Agreement. No agent, employee or representative of the Consultant shall be deemed to be an agent, employee or representative of the City for any purpose. Consultant shall be solely responsible for all acts of its agents, employees, representatives and subcontractors during the performance of this contract. 8. City approval of work and relationships. Notwithstanding the Consultant’s status as an independent contractor, results of the work performed pursuant to this contract must meet the approval of the City. During pendency of this Agreement, the Consultant shall not perform work for any party with respect to any property located within the City of Edmonds or for any project subject to the administrative or quasi-judicial review of the City without written notification to the City and the City’s prior written consent. 9. Termination. This being an Agreement for professional services, either party may terminate this Agreement for any reason upon giving the other party written notice of such termination no fewer than ten (10) days in advance of the effective date of said termination. 10. Changes/Additional Work. The City may engage Consultant to perform services in addition to those listed in this Agreement, and Consultant will be entitled to additional compensation for authorized additional services or materials. The City shall not be liable for additional compensation until and unless any and all additional work and compensation is approved in advance in writing and signed by both parties to this Agreement. If conditions are encountered which are not anticipated in the Scope of Services, the City understands that a revision to the Scope of Services and fees may be required. Provided, however, that nothing in this paragraph shall be interpreted to obligate the Consultant to render or the City to pay for services rendered in excess of the payments discussed in Section 2.A, unless or until an amendment to this Agreement is approved in writing by both parties. Packet Page 133 of 233 Intergovernmental Contract, Page 4 11. Standard of Care. Consultant represents that Consultant has the necessary knowledge, skill and experience to perform services required by this Agreement. Consultant and any persons employed by Consultant shall use their best efforts to perform the work in a professional manner consistent with sound practices, in accordance with the usual and customary professional care required for services of the type described in the Scope of Services. 12. Non-waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 13. Non-assignable. The services to be provided by the contractor shall not be assigned or subcontracted without the express written consent of the City. 14. Covenant against contingent fees. The Consultant warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts or any other consideration contingent upon or resulting from the award of making this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 15. Compliance with laws. The Consultant in the performance of this Agreement shall comply with all applicable Federal, State or local laws and ordinances. Including regulations for licensing, certification and operation of facilities, programs and accreditation, and licensing of individuals, and any other standards or criteria as described in the Agreement to assure quality of services. A. B&O Taxes. The Consultant specifically agrees to pay any applicable business and occupation (B & O) taxes which may be due on account of this Agreement. B. Public Disclosure Commission. The Consultant shall be responsible to register with the Public Disclosure Commission (PDC) and provide notice to the City regarding any obligation on his part to report his services to any State or Federal agency. Additionally, Contractor and the City shall sign and Contractor shall forward to the Public Disclosure Commission a registration of lobbyist form (if necessary) before doing any lobbying or within 30 days after being employed as a lobbyist, whichever occurs first (RCW 42.17.150). Contractor shall be otherwise responsible for compliance with all requirements of chapter 42.17 RCW (lobbying disclosure). C. Potential Conflicts. The contractor shall not advocate or promote any legislative objectives on behalf of existing or potential clients that are determined by the City to be in conflict with City of Edmonds’ legislative objectives. The City acknowledges that contractor currently represents the Cities of Bellevue, Burien, Lake Forest Park, Newcastle, the Performing Arts Center Eastside (PACE), and before the state legislature. Packet Page 134 of 233 Intergovernmental Contract, Page 5 16. Notices. Notices shall be sent to the following address, with receipt of any notice being deemed effective three days after deposit of written notice. City of Edmonds Contractor Stephen Clifton Mike Doubleday City of Edmonds Doubleday Government Relations 121 Fifth Avenue North 1561 NW 190th Street Edmonds, WA 98020 Shoreline, WA 98177 425-771-0251 206-499-0749 clifton@ci.edmonds.wa.us mikedoubleday@earthlink.net DATED THIS ________ DAY OF _____________________, 2010. CITY OF EDMONDS By: Mayor Gary Haakenson ATTEST/AUTHENTICATED: Sandra S. Chase, City Clerk APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: W. Scott Snyder CONSULTANT By: Its: Packet Page 135 of 233 City of Edmonds 121 FIFTH AVENUE N. ● EDMONDS, WA 98020 ● 425-771-0251 COMMUNITY SERVICES / ECONOMIC DEVELOPMENT DEPARTMENT Gary Haakenson Mayor 0016_2690_Salter Joyce Zyker 2010 Professional Services Agreement.doc PROFESSIONAL SERVICES AGREEMENT SALTER JOYCE ZIKER, PLLC LEGAL SERVICES FOR THE CITY OF EDMONDS January 1, 2010 – Dec 31, 2010 THIS AGREEMENT is entered into on the date last below written between the City of Edmonds, Washington, a municipal corporation, (“the City”) and the law firm of Salter Joyce Ziker, PLLC, (the "Attorneys"). FOR AND IN CONSIDERATION OF the terms and conditions set forth below, the parties agree as follows: 1. Services to be Provided. Attorneys will serve as an advisor, providing legal services and assistance in the area of environmental law in order to support the City Attorney coordinating the provision of services under the direction of the City through its Community Services Director. The work provide shall include all services and material necessary to accomplish the objectives in accordance with the Scope of Service, which is marked as Exhibit A, attached hereto and incorporated herein by this reference as fully as if herein set forth. 2. Payment for Services. Legal services performed under this Agreement shall be not exceed Ten Thousand and No/100 Dollars ($10,000). The City will not be charged separately for normal secretarial or clerical work, the expense for which has been calculated into the Attorney's hourly rate. All expenses including, but not limited to, work performed, materials, supplies, equipment, local travel, meals, telephone and electronic communications, utilities, postage, fax, photocopying, and printing are included in the fee: no expenses shall be reimbursed without prior written approval by the City. Reimbursement will be made by the City for expenditures for court related costs and fees, copying, postage, and computer aided legal research, when made on behalf of the City, and for travel or long distance telephone calls outside of the metropolitan Seattle area when required on City business. Direct costs for experts, printing and other litigation support services provided by third parties in the course of litigation may be forwarded to the City for direct payment. 3. Termination of Agreement. The attorney/client relationship is a personal one involving the ability of the parties to communicate and maintain credibility. Therefore, the City reserves in its sole discretion the right to terminate this Agreement upon reasonable notice. The Attorneys agree that they will not terminate the Agreement without providing for a reasonable period of transition mutually agreed upon by the parties. 4. Designation and Approval of Principal Service Providers. At the date of execution of this Agreement, it has been the representation of the Attorneys that legal services to the City will be provided principally by William F. Joyce, WSBA #15797. The parties recognize that services may be provided by Packet Page 136 of 233 Intergovernmental Contract, Page 2 others in the firm based upon their expertise and the need to provide services at appropriate billing rates by junior and senior attorneys, paralegals and legal assistants within the firm in order to achieve the most cost effective provision of legal services. The City reserves the right to review and approve each attorney providing service to the City. By execution of this Agreement, the City specifically approves a provision of services through or under the direction of William F. Joyce by the attorneys shown in the Attorney's proposal, attached hereto as Exhibit A. 5. Ownership of Work Product. All data, materials, reports, memoranda and any other documents developed under this Agreement whether finished or not shall become the property of the City, shall be forwarded to the City at its request and may be used by the City as it sees fit. The City agrees that if products prepared by the Attorneys are used for purposes other than those intended in this Agreement, City does so at City's sole risk and agrees to hold the Attorneys harmless for such use. 6. Insurance. The Attorneys shall maintain proof of professional liability insurance the minimum amount of $2,000,000. 7. Discrimination. Attorneys agree not to discriminate against any employee or applicant for employment or any other person in the performance of this Agreement because of race, creed, color, national origin, marital status, sex, age, or physical, mental or sensory handicap, except where a bona fide occupational qualification exists. 8. Hold Harmless. Attorneys agree to indemnify, hold harmless, and defend the City, its elected and appointed officials, employees and agents from and against any and all claims, judgments or awards of damages, arising out of or resulting from the acts, errors or omissions of Attorneys. The City agrees to indemnify, hold harmless, and defend Attorneys from and against any and all claims, judgments or awards of damages, arising out of or resulting from the acts, errors or omissions of the City, its elected and appointed officials, employees and agents. 9. Independent Contractor. The Attorneys are and shall be at all times during the term of this Agreement independent contractors and shall indemnify and hold harmless the City from all costs associated with the wages and benefits of the Attorneys’ employees. 10. Rules of Professional Conduct. All services provided by Attorneys under this Agreement will be performed in accordance with the Rules of Professional Conduct for attorneys established by the Washington Supreme Court. 11. Work for Other Clients. Attorneys may provide services for clients other than the City during the term of this Agreement, but will not do so where the same may constitute a conflict of interest unless the City, after full disclosure of the potential or actual conflict, consents in writing to the representation. Any potential conflicts shall be handled in accordance with the Rules of Professional Conduct referred to above. 12. Subcontracting or Assignment. Attorneys may not assign or subcontract any portion of the services to be provided under this Agreement without the express written consent of the City. Packet Page 137 of 233 Intergovernmental Contract, Page 3 13. Entire Agreement. This Agreement represents the entire integrated agreement between the City and the Attorneys, superseding all prior negotiations, representations or agreements, written or oral. This Agreement may be modified, amended, or added to, only by written instrument properly signed by both parties hereto. DONE THIS _____ day of ________________, 2010. CITY OF EDMONDS: By: Mayor Gary Haakenson ATTEST/AUTHENTICATED: APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: Sandra S. Chase, City Clerk W. Scott Snyder CONSULTANT: By ________________________ Its ________________________ STATE OF WASHINGTON ) )ss COUNTY OF ) On this day of , 20 , before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared ,to me known to be the of the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. WITNESS my hand and official seal hereto affixed the day and year first above written. NOTARY PUBLIC My commission expires: Packet Page 138 of 233 Intergovernmental Contract, Page 4 Exhibit A WILLIAM JOYCE SALTER JOYCE ZIKER, PLLC 1601 FIFTH AVE., SUITE 2040 SEATTLE WA 98101-1686 wjoyce@sjzlaw.com (206) 957-5960 x5951 Scope of Services January 1, 2010 – Dec 31, 2010 1. Services 1.1 General Description Advise the City and support the City Attorney in matters relating to environmental law and review. 1.2 Schedule Contractor shall work January 1 through December 31, 2010. 2. Compensation 2.1 Amount Contractor will be compensated at the rate of $240/hour. Associate attorneys (with the City’s approval only prior to commencement of work) would be billed at $170/hour. Paralegals would be billed at $90/per hour. The City will compensate the Contractor for his hourly monthly totals, but in no event will the entire amount exceed $10,000. 2.2 Activities Covered The fees specified in Section 2.1 will be full compensation for all costs incurred by the Contractor in fulfilling the requirements of this Agreement, including but not limited to, work performed, materials, supplies, equipment, local and out-of- town travel, meals, telephone and electronic communications, utilities, postage, fax, photocopying and printing. 2.3 Billing Procedures On or before the 5th day of each month, beginning on January 1, 2010, contractor will submit an invoice to the City for services performed during the previous month. The invoice will be in a form and content reasonably acceptable to the City and will describe: Packet Page 139 of 233 Intergovernmental Contract, Page 5 a) Services performed b) Number of hours expended in performing the services c) Base contract amount d) Amount invoiced to date e) Current invoiced amount f) Contract balance amount 3. Other Provisions 3.1 Insurance Contractor carries business liability insurance and will name the City of Edmonds as an additional insured and provide the City with a certificate of insurance. 3.2 Termination Either party may terminate the contract upon written notice to the other. 3.3 Avoidance of Potential Conflicts The Contractor shall not engage in any activity on behalf of existing or potential clients that are determined by the City to be in conflict with any City project objective. Packet Page 140 of 233 AM-2696 4.F. Edmonds Arts Commission 2010 Tourism Promotion Award Recommendations Edmonds City Council Meeting Date:01/05/2010 Submitted By:Frances Chapin Time:Consent Department:Parks and Recreation Type:Action Review Committee: Committee Action:Approved for Consent Agenda Information Subject Title Approval of Edmonds Arts Commission 2010 Cultural Tourism Promotion Awards contracts to promote cultural events that bring visitors to Edmonds. Recommendation from Mayor and Staff Approval of EAC recommendations. Previous Council Action Narrative The Edmonds Arts Commission Tourism Promotion Awards Committee and staff reviewed applications requesting a total of $14,000 for 2010 funding. Allocations totaling $9,000 were recommended in a motion at the Arts Commission regular meeting on December 7, 2009. The funding for these contract awards is from the portion of the City Lodging Tax Tourism Promotion Fund allocated to the Arts Commission per Resolution #630. The expenditure is part of the approved 2010 budget from the 123 Fund. Each applicant organization awarded meets the requirements set forth by the Edmonds Arts Commission and is required to submit a final report to meet the State reporting requirements for expenditure of Lodging Tax funds. The following contract awards are recommended for City Council approval: Cascade Symphony Orchestra - $2,000 for radio advertising; Driftwood Players - $2,000 for the season brochure; EAFF/Art Studio Tour - $900 for print/ banner advertising; Friends of Frank DeMiero Jazz Festival - $1,000 for print and radio advertising; Olympic Ballet - $2,000 for print/banner advertising; Sno-King Chorale - $600 for radio/print/banner advertising; and due to the fact that some cultural events are developed later in the year, $500 for emerging events that may receive Arts Commission approval during 2010. Fiscal Impact Attachments Link: EAC Tourism Promotion Application Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 12/21/2009 11:37 AM APRV 2 Mayor Gary Haakenson 12/21/2009 11:41 AM APRV Packet Page 141 of 233 3 Final Approval Sandy Chase 12/22/2009 01:40 PM APRV Form Started By: Frances Chapin  Started On: 12/17/2009 12:14 PM Final Approval Date: 12/22/2009 Packet Page 142 of 233 City of Edmonds Parks, Recreation & Cultural Services Department Contracts for Cultural Tourism Promotion - 2010 GUIDELINES OBJECTIVE: To award contracts for services to promote cultural/art events/programs that strengthen community based arts organizations and contribute to economic vitality through attracting audience from outside of Edmonds. This objective is accomplished through funding provided to the Edmonds Arts Commission by the City of Edmonds Lodging Tax Fund per City Council Resolution 630. Generally no more than $2,000 will be awarded to any one organization. ELIGIBILITY: Projects presented by not for profit organizations for promotion of cultural events/programs to attract visitors to Edmonds are eligible. Projects could include advertising, publicizing, or otherwise distributing information on activities or events for the purpose of attracting and welcoming visitors to Edmonds. Proposals that are exclusively for an organization’s membership or other exclusive group will not be considered. DEADLINE: The deadline is Wednesday, November 20, 2009 - 5 p.m. Incomplete or late applications will not be considered. Applications will be reviewed by the Arts Commission and awards will be voted on at the next regularly scheduled Commission meeting. Contract awards are recommended pending City Council approval. Applicants will be notified by the end of February, 2010. PROCEDURES: Applications must be submitted on the attached form. We do not anticipate you will need more space than the amount allowed to answer questions. Cover letters may be added but will not substitute for an application form. Please send or deliver FOUR (4) copies including original of your completed application to: Edmonds Arts Commission, 700 Main Street, Edmonds WA 98020 FOR MORE INFORMATION: Please contact the Cultural Services/Arts Office, Frances Chapin or Kris Gillespie, Edmonds Arts Commission, 425-771-0228, or chapin@ci.edmonds.wa.us REVIEW CRITERIA In awarding these contracts for services to promote cultural tourism the Edmonds Arts Commission rcommendations are generally based on the following criteria to evaluate the applicant organization: (40%) 1. Promotion of artistic quality: the degree of professionalism exhibited in events/programs sponsored by the organization; the extent to which these events/programs attract visitors to the community and improve the community's reputation for and appreciation of the arts. (15%) 2. Community Cultural Plan: the extent to which the organization supports the goals or implements strategies of the Community Cultural Plan. (15%) 3. Public participation: the degree to which the public is involved in organizing, implementing and evaluating the projects of the organization; attendance by the public. (15%) 4. Financial need: the demonstration of financial need is reflected in a realistic budget, reasonable ratio of program expenditures to administrative costs and evidence of other funding sources, i.e. donations. (15%) 5. Management capabilities: demonstration of the ability to complete and evaluate the project successfully, i.e. board resources, skilled personnel, previous successful programs. Previous year recipients of EAC Cultural Touism Awards will be reviewed contingent on submission of a satisfactory Final Report NOTE: Set your page margins at .5” on all sides to fit this document Packet Page 143 of 233 Promotion Contract Award Application Form Edmonds Arts Commission FISCAL YEAR 2010 January 1 - December 31, 2010 1. Applicant Organization LEGAL NAME: MAILING ADDRESS: ADDRESS: CITY: STATE: ZIP: ORGANIZATION CONTACT: PHONE: BOARD PRESIDENT: INCORPORATION DATE: IRS DETERMINATION # 2. Organization Profile: Briefly describe the mission and goals of your organization and your programs and services. 3. Event/Program Information (what event or program you are promoting) PROGRAM TITLE: PROGRAM START DATE: PROGRAM END DATE: 4. Project Description (Be specific, this is what you will spend the money on, not necessarily the overall event. For example, radio advertising, print advertising, banner, etc.) TOTAL REQUEST $ 5. Project Evaluation – Please answer the following questions with regard to the specific project you are requesting funds for (e.g. brochure, radio ads, poster etc.). Include additional information on your overall program if applicable. a. How can you demonstrate that this project encourages people to come to Edmonds? Packet Page 144 of 233 2010 EAC Promotion Award Application 2 b. Who is your intended audience? (e.g. radio ads reach what geographic area?) What is your anticipated attendance (#)? How will you report on and evaluate the effectiveness of the project in attracting visitors to Edmonds this year? c. How are volunteers and the greater public involved in organizing, implementing and evaluating this proposed event/program? d. How does your specific project and your overall program further the goals of the Community Cultural Plan? A copy of the plan can be downloaded at www.ci.edmonds.wa.us/artscommission 6. Organization Budget Overview Fiscal year starting & ending dates: To: Most recently completed fiscal year actuals Revenue: Expense: Current fiscal year projected: Revenue: Expense: 7. Please provide the following supportive documentation with your application: __ 1. I.R.S. Determination Letter (501(c)(3) Status) or WA State non-profit designation __ 2. A current copy of your approved Operating Budget __ 3. Current Board List (with contact information) __ 4. Three letters of support for the project. These letters may be from up to two board members, plus participants and/or recipients of your program/services attesting to the value/need of your proposal and your ability to complete the project. Remember to include 4 complete copies of your application (one original and three copies). > NOTE: incomplete grant requests will not be considered < Packet Page 145 of 233 AM-2704 4.G. Supplemental Agreement for the 2009 Asphalt Overlay Project Edmonds City Council Meeting Date:01/05/2010 Submitted By:Robert English Time:Consent Department:Engineering Type:Action Review Committee: Committee Action: Information Subject Title Authorization for Mayor to sign Supplemental Agreement 1 with Perteet, Inc. for the 2009 Asphalt Overlay Project. Recommendation from Mayor and Staff Council authorize the Mayor to sign Supplemental Agreement 1 with Perteet, Inc. for the 2009 Asphalt Overlay Project. Previous Council Action None. Narrative In August 2009, the City entered into a contract with Perteet, Inc. to provide construction management services for the 2009 Asphalt Overlay Project. The scope of professional services included contract administration, construction inspection and construction documentation to comply with federal requirements, since the project was funded through a $1million federal grant from the American Recovery Reinvestment Act (ARRA). Most of the construction work is complete and the Contractor only has a few items left before the project is finished. Since the project was started in the fall, the construction duration has been longer than expected because of delays due to rain and cold weather. The proposed supplement will cover the additional services to close-out the project. The initial amount of Perteet’s contract was $92,549. The fee for Supplement Agreement 1 is $14,731.04 and will be funded by the Street Fund 112. Fiscal Impact Attachments Link: Supplement 1 Form Routing/Status Route Seq Inbox Approved By Date Status 1 Engineering Robert English 12/30/2009 12:04 PM APRV 2 Public Works Noel Miller 12/30/2009 12:59 PM APRV 3 City Clerk Sandy Chase 12/30/2009 01:31 PM APRV 4 Mayor Gary Haakenson 12/30/2009 01:32 PM APRV Packet Page 146 of 233 4 Mayor Gary Haakenson 12/30/2009 01:32 PM APRV 5 Final Approval Sandy Chase 12/30/2009 01:33 PM APRV Form Started By: Robert English  Started On: 12/29/2009 04:53 PM Final Approval Date: 12/30/2009 Packet Page 147 of 233 P a c k e t P a g e 1 4 8 o f 2 3 3 P a c k e t P a g e 1 4 9 o f 2 3 3 P a c k e t P a g e 1 5 0 o f 2 3 3 AM-2700 4.H. City Code Ch. 6.65, Edmonds Fire Department/Provision of Emergency Services Edmonds City Council Meeting Date:01/05/2010 Submitted By:Tom Tomberg Time:Consent Department:Fire Type:Action Review Committee:Public Safety Committee Action:Approved for Consent Agenda Information Subject Title Amend City Code Chapter 6.65 Edmonds Fire Department - Provision of Emergency Services. Recommendation from Mayor and Staff Authorize Mayor to sign the Ordinance amending City Code Section 6.65 Edmonds Fire Department - Provision of Emergency Services to extend the chapter to include the contract services provided by Snohomish County Fire District No. 1 through the interlocal agreement approved by Council on November 2. Previous Council Action On November 2, Council approved a contract for service interlocal agreement for the provision of Fire/EMS services to the City by Snohomish County Fire District No. 1. On December 8, the Public Safety Committee approved forwarding this agenda item to the Council Consent agenda with a recommendation to approve. Narrative This agenda item is a housekeeping issue associated with the November 2 Interlocal Agreement with FD #1. It aligns City Code Chapter 6.65 with the way Fire/EMS services are provided in the City of Edmonds under the interlocal agreement with FD #1 approved by Council on November 2. Fiscal Impact Fiscal Year: Revenue: Expenditure: Fiscal Impact: None. Attachments Link: Ordinance Amending Chapter 6.65 Form Routing/Status Route Seq Inbox Approved By Date Status Packet Page 151 of 233 1 City Clerk Sandy Chase 12/29/2009 01:58 PM APRV 2 Mayor Gary Haakenson 12/29/2009 02:01 PM APRV 3 Final Approval Sandy Chase 12/29/2009 04:21 PM APRV Form Started By: Tom Tomberg  Started On: 12/29/2009 10:39 AM Final Approval Date: 12/29/2009 Packet Page 152 of 233 0006.90000 WSS/gjz 12/17/09 ORDINANCE NO. _______ AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING CHAPTER 6.65 EDMONDS FIRE DEPARTMENT - PROVISION OF EMERGENCY SERVICES, TO ADD A NEW SECTION 6.65.020 EXTENSION TO CONTRACT SERVICES, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, the City of Edmonds provides fire protection services and emergency medical services, as well as disaster preparation and coordination to the citizens of the City of Edmonds, and WHEREAS, the City Council has deemed it to be in the public interest to provide such services by contract with Snohomish County Fire District No. 1, and WHEREAS, the ordinances of the City in Chapter 6.65 state that the provision of such services and the creation of the Edmonds Fire Department do not create nor should they be interpreted to create or otherwise establish any particular class or group of persons who would be specially protected or benefitted in the provision of such services, and WHEREAS, the City Council deems it to be in the public interest to clearly extend this statement to the provision of contract services, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: {WSS755004.DOC;1\00006.900000\ } - 1 - Packet Page 153 of 233 Section 1. Chapter 6.65 is hereby amended by the addition of a new Section 6.65.020 Extension to contract services to read as follows: 6.65.020 Extension to contract services. The statement and limitations contained in Section 6.65.010 shall extend to contract services provided by the City in lieu of its fire department through any interlocal agreement or other arrangement approved by the Edmonds City Council. Section 2. Effective Date. This ordinance, being an exercise of a power specifi- cally delegated to the City legislative body, is not subject to referendum, and shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. APPROVED: MAYOR GARY HAAKENSON ATTEST/AUTHENTICATED: CITY CLERK, SANDRA S. CHASE APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY W. SCOTT SNYDER FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. {WSS755004.DOC;1\00006.900000\ } - 2 - Packet Page 154 of 233 {WSS755004.DOC;1\00006.900000\ }- 3 - SUMMARY OF ORDINANCE NO. __________ of the City of Edmonds, Washington On the ____ day of ___________, 2009, 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 CHAPTER 6.65 EDMONDS FIRE DEPARTMENT - PROVISION OF EMERGENCY SERVICES, TO ADD A NEW SECTION 6.65.020 EXTENSION TO CONTRACT SERVICES, 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 ________________, 2009. CITY CLERK, SANDRA S. CHASE Packet Page 155 of 233 AM-2701 4.I. Resolution Thanking Councilmember Wilson for His Service as Council President Edmonds City Council Meeting Date:01/05/2010 Submitted By:Jana Spellman Time:Consent Department:City Council Type:Action Review Committee: Committee Action: Information Subject Title Resolution thanking Councilmember DJ Wilson for his service as Council President. Recommendation from Mayor and Staff Previous Council Action Narrative Resolution thanking Councilmember DJ Wilson for his service as Council President. Fiscal Impact Attachments Link: Wilson Resolution Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 12/29/2009 02:46 PM APRV 2 Mayor Gary Haakenson 12/29/2009 02:56 PM APRV 3 Final Approval Sandy Chase 12/29/2009 04:21 PM APRV Form Started By: Jana Spellman  Started On: 12/29/2009 02:19 PM Final Approval Date: 12/29/2009 Packet Page 156 of 233 No. 1216 A Resolution Of The Edmonds City Council Thanking Council President D. J. Wilson for His Service To The Edmonds City Council Whereas? D. J. Wilson has served as Council President from January to December 2009 and during his tenure as President he presided over extremely lengthy meetings filled with tough decisions and required enormous amounts of time and energy ; and Whereas, Mr. Wilson started his Council Presidency off with the arduous task of filling a Council vacancy. He did an exemplary job in leading the interview process which included extra meetings with 17 candidates and then bringing the Council to a decision on the candidate to be chosen. Next he showed his superior leadership talents by bringing together the Citizen Levy Review Committee which consisted of 60 citizens and worked tirelessly by holding two months’ of Monday night meetings to bring this Committee to a decision regarding the prospect of putting a levy on the ballot; and Whereas, Councilmember D. J. Wilson? in addition to carrying out countless duties as Council President, was appointed to the following Boards and/or Commissions: Community Transit, Lake Ballinger Work Group, Regional Fire Authority Snohomish County Tomorrow and South Snohomish Cities. He was instrumental in identifying that the stewardship of Lake Ballinger was to be among the City’s highest environmental priorities for 2008 and beyond. He prepared a Resolution which was passed by the City Council directing staff to build upon and continue their considerable effort to work collaboratively with other cities, Snohomish County, the State of Washington and the Federal government to develop a “Lake Ballinger Basin Action Plan” for future review, with the intent of addressing the stewardship of the lake. Now, Therefore, Be it Resolved, that D. J. Wilson be commended and thanked for serving as Council President. The Council looks forward to his continued dedication and service to the citizens of Edmonds. Passed, Approved, and Adopted this 5th day of January, 2010. Gary Haakenson, Mayor Steve Bernheim, Council President Michael Plunkett, Councilmember Dave Orvis, Councilmember Strom Peterson, Councilmember Adrienne Fraley-Monillas, Councilmember Attest: City Clerk Packet Page 157 of 233 AM-2688 5. Introduction of new Student Representative Edmonds City Council Meeting Date:01/05/2010 Submitted By:Jana Spellman Submitted For:Council President Time:5 Minutes Department:City Council Type:Information Review Committee: Committee Action: Information Subject Title Introduction of new Student Representative. Recommendation from Mayor and Staff Previous Council Action Narrative Introduction of new Student Representative Graham Marmion from Edmonds-Woodway High School. Fiscal Impact Attachments No file(s) attached. Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 12/29/2009 02:46 PM APRV 2 Mayor Gary Haakenson 12/29/2009 02:56 PM APRV 3 Final Approval Sandy Chase 12/29/2009 04:21 PM APRV Form Started By: Jana Spellman  Started On: 12/10/2009 03:30 PM Final Approval Date: 12/29/2009 Packet Page 158 of 233 AM-2637 6. Selection of Council President for 2010 Edmonds City Council Meeting Date:01/05/2010 Submitted By:Jana Spellman Time:10 Minutes Department:City Council Type:Action Review Committee: Committee Action: Information Subject Title Selection of Council President for 2010. Recommendation from Mayor and Staff Previous Council Action N/A Narrative Selection of Council President for 2010. Fiscal Impact Attachments No file(s) attached. Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 12/29/2009 02:46 PM APRV 2 Mayor Gary Haakenson 12/29/2009 02:56 PM APRV 3 Final Approval Sandy Chase 12/29/2009 04:21 PM APRV Form Started By: Jana Spellman  Started On: 11/20/2009 03:06 PM Final Approval Date: 12/29/2009 Packet Page 159 of 233 AM-2638 7. Selection of Council President Pro Tem for 2010 Edmonds City Council Meeting Date:01/05/2010 Submitted By:Jana Spellman Time:10 Minutes Department:City Council Type:Action Review Committee: Committee Action: Information Subject Title Selection of Council President Pro Tem for 2010. Recommendation from Mayor and Staff Previous Council Action N/A Narrative Selection of Council President Pro Tem for 2010. Fiscal Impact Attachments No file(s) attached. Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 12/29/2009 02:46 PM APRV 2 Mayor Gary Haakenson 12/29/2009 02:56 PM APRV 3 Final Approval Sandy Chase 12/29/2009 04:21 PM APRV Form Started By: Jana Spellman  Started On: 11/20/2009 03:08 PM Final Approval Date: 12/29/2009 Packet Page 160 of 233 AM-2639 8. Appointment of Committee Representatives Edmonds City Council Meeting Date:01/05/2010 Submitted By:Jana Spellman Time:5 Minutes Department:City Council Type:Action Review Committee: Committee Action: Information Subject Title Appointment of Committee Representatives. Recommendation from Mayor and Staff Previous Council Action N/A Narrative Appointment of Committee Representatives by 2010 Council President. Fiscal Impact Attachments No file(s) attached. Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 12/29/2009 02:46 PM APRV 2 Mayor Gary Haakenson 12/29/2009 02:56 PM APRV 3 Final Approval Sandy Chase 12/29/2009 04:21 PM APRV Form Started By: Jana Spellman  Started On: 11/20/2009 03:09 PM Final Approval Date: 12/29/2009 Packet Page 161 of 233 AM-2699 9. Health District Board Edmonds City Council Meeting Date:01/05/2010 Submitted By:Sandy Chase Time:5 Minutes Department:City Clerk's Office Type:Action Review Committee: Committee Action: Information Subject Title Resolution appointing a Councilmember to the Snohomish County Health District Board. Recommendation from Mayor and Staff It is recommended that the City Council announce the appointment of the Councilmember to serve on the Health District Board and adopt the attached resolution. Previous Council Action The City Council appoints a Councilmember to serve on the Snohomish County Health District Board each January. Narrative The Snohomish County Health District Board requires formal designation of its City representative. The Councilmember designated to serve on this Board will be announced at this evening's meeting. Fiscal Impact Attachments Link: Health District Resolution Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 12/28/2009 01:50 PM APRV 2 Mayor Gary Haakenson 12/28/2009 01:52 PM APRV 3 Final Approval Sandy Chase 12/28/2009 01:56 PM APRV Form Started By: Sandy Chase  Started On: 12/28/2009 01:46 PM Final Approval Date: 12/28/2009 Packet Page 162 of 233 RESOLUTION NO. ___ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, APPOINTING A COUNCILMEMBER TO THE SNOHOMISH COUNTY HEALTH DISTRICT BOARD WHEREAS, the Snohomish County Health District Board requires formal designation of its City representative, and WHEREAS, the City Council finds that the appointment of ____________________ to such Board would be in the best interest of the City, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. The City Council hereby appoints ____________________ as its appointee to the Snohomish County Health District Board for the calendar year 2009 and thereafter until such time as the Council shall make a new appointment. RESOLVED this 5th day of January, 2010. APPROVED: _______________________________ MAYOR, GARY HAAKENSON ATTEST/AUTHENTICATED: ____________________________ CITY CLERK, SANDRA S. CHASE FILED WITH THE CITY CLERK: 12-31-09 PASSED BY THE CITY COUNCIL: RESOLUTION NO. Packet Page 163 of 233 AM-2698 10. Snohomish Co. Public Transportation Benefit Area Corporation Edmonds City Council Meeting Date:01/05/2010 Submitted By:Sandy Chase Time:5 Minutes Department:City Clerk's Office Type:Action Review Committee: Committee Action: Information Subject Title Resolution appointing Councilmembers as representative and alternate to the Snohomish County Public Transportation Benefit Area Corporation. Recommendation from Mayor and Staff It is recommended that the City Council announce the appointment of Councilmembers to serve as the representative and alternate to the Snohomish County Public Transportation Benefit Area Corporation. Previous Council Action The City Council appoints representatives each January. Narrative The Snohomish County Public Transportation Benefit Area Corporation (also known as Community Transit Board) requires formal designation of the City of Edmonds representatives. The name of the Councilmember appointed, along with an alternate, will be announced at this evening's meeting. Fiscal Impact Attachments Link: Resolution Appointing Representative Link: Community Transit Letter Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 12/28/2009 01:50 PM APRV 2 Mayor Gary Haakenson 12/28/2009 01:52 PM APRV 3 Final Approval Sandy Chase 12/28/2009 01:56 PM APRV Form Started By: Sandy Chase  Started On: 12/28/2009 01:37 PM Final Approval Date: 12/28/2009 Packet Page 164 of 233 RESOLUTION NO. ____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, APPOINTING __________________ AS THE CITY OF EDMONDS REPRESENTATIVE TO THE SNOHOMISH COUNTY PUBLIC TRANSPORTATION BENEFIT AREA CORPORATION AND _______________ AS ALTERNATE. WHEREAS, the Snohomish County Public Transportation Benefit Area Corporation requires formal designation of the City of Edmonds representative, and WHEREAS, the City Council finds that the appointment of __________________ would be in the best interest of the City, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. __________________ is hereby appointed as the representative of the City of Edmonds to the Snohomish County Public Transportation Benefit Area Corporation for calendar year 2010 or until a new representative is named. Section 2. In the event that __________________ is unwilling or unable to serve, __________________ is hereby appointed as an alternate to serve on behalf of the City for calendar year 2010 or until a new alternate is named. RESOLVED this 5th day of January, 2010. APPROVED: _______________________________ MAYOR, GARY HAAKENSON ATTEST/AUTHENTICATED: ____________________________ CITY CLERK, SANDRA S. CHASE FILED WITH THE CITY CLERK: 12-31-09 PASSED BY THE CITY COUNCIL: RESOLUTION NO. Packet Page 165 of 233 Packet Page 166 of 233 Packet Page 167 of 233 Packet Page 168 of 233 Packet Page 169 of 233 Packet Page 170 of 233 Packet Page 171 of 233 Packet Page 172 of 233 AM-2706 11. Confirm Mayor's Appointment of Two New Members to the Planning Board Edmonds City Council Meeting Date:01/05/2010 Submitted By:Sandy Chase Submitted For:Mayor Haakenson Time:15 Minutes Department:City Clerk's Office Type:Action Review Committee: Committee Action: Information Subject Title Confirmation of Mayor's appointment of Lois Jean Broadway and Todd Cloutier to the Planning Board. Recommendation from Mayor and Staff Confirm the appointment of Ms. Broadway and Mr. Cloutier to the Planning Board. Previous Council Action The City Council interviewed Ms. Broadway and Mr. Cloutier on December 15, 2009. Narrative Attached are copies of the application forms submitted by Ms. Broadway and Mr. Cloutier. Fiscal Impact Attachments Link: Applications Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 12/30/2009 09:37 AM APRV 2 Mayor Gary Haakenson 12/30/2009 09:42 AM APRV 3 Final Approval Sandy Chase 12/30/2009 09:47 AM APRV Form Started By: Sandy Chase  Started On: 12/30/2009 09:23 AM Final Approval Date: 12/30/2009 Packet Page 173 of 233 Packet Page 174 of 233 Packet Page 175 of 233 AM-2692 12. Presentation by WSDOT Ferries Division Assistant Secretary David Mosley Edmonds City Council Meeting Date:01/05/2010 Submitted By:Stephen Clifton Time:20 Minutes Department:Community Services Type:Information Review Committee: Committee Action: Information Subject Title Presentation by WSDOT Ferries Division Assistant Secretary David Mosley - Update on Vehicle Reservations Pre-Design Study. Recommendation from Mayor and Staff Previous Council Action Narrative Washington State Department of Transportation (WSDOT) Ferries Division Assistant Secretary David Mosley will be presenting an update on the Vehicle Reservations Pre-Design Study. Fiscal Impact Attachments No file(s) attached. Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 12/21/2009 11:37 AM APRV 2 Mayor Gary Haakenson 12/21/2009 11:41 AM APRV 3 Final Approval Sandy Chase 12/22/2009 01:40 PM APRV Form Started By: Stephen Clifton  Started On: 12/14/2009 02:01 PM Final Approval Date: 12/22/2009 Packet Page 176 of 233 AM-2694 13. Sound Transit Commuter Rail - Edmonds Station Developer and Interlocal Agreements Edmonds City Council Meeting Date:01/05/2010 Submitted By:Stephen Clifton Time:20 Minutes Department:Community Services Type:Action Review Committee: Committee Action: Information Subject Title Development Agreement for Edmonds Commuter Rail Station between the City of Edmonds and Sound Transit, and Interlocal Agreement between Sound Transit and the City of Edmonds. Public comment will be received on this item. Recommendation from Mayor and Staff City administration recommends that the City Council approve: 1) Development Agreement for Edmonds Commuter Rail Station between the City of Edmonds, Washington and Sound Transit, and 2) Interlocal Agreement between Sound Transit and the City of Edmonds. Previous Council Action April 30, 2002 - City Council reviewed plans approved by the Architectural Design Board on April 17, 2002. February 24, 2009 - City Council concurred with City Administration's recommendation that Sound Transit work with stakeholders, e.g., City of Edmonds, Community Transit and WSDOT, etc., to implement the Sound Transit Edmonds Station Plan approved by the City's Architectural Design Board and reviewed by the City Council in 2002. Narrative On November 5, 1996, Central Puget Sound area voters approved local funding for Sound Move, a regional transit system plan. Sound Move includes three new types of regional transportation -- light rail, commuter rail, and a regional express bus/HOV system. One of the Sound Move projects is the existing Edmonds Commuter Rail Station which is described and referenced within the attached Developer and Interlocal Agreements. Sound Transit and the Federal Transit Administration (“FTA”) issued the Everett to Seattle Commuter Rail Project NEPA/SEPA Final Environmental Impact Statement (“EIS”) in December 1999. The FTA issued a Record of Decision (“ROD”) for the project on February 4, 2000. The EIS evaluated impacts and mitigation for station and railroad improvements, including the construction of a new commuter rail station in Edmonds. Sound Transit issued a SEPA Addendum to the 1999 EIS in September 2008 which covered the impacts of providing temporary replacement parking during construction of the Edmonds Commuter Rail Station project. Packet Page 177 of 233 In 2001, Sound Transit requested the City’s cooperation in establishing a Citizens Advisory Committee (CAC) to assist in the station design process. The Edmonds CAC, a 20-member committee comprised of elected officials, Port Commissioners, residents, business owners, neighbors of the station, and riders, worked to develop a station design. Representatives from Washington State Ferries (WSF) and Washington State Department of Transportation (WSDOT) also attended CAC meetings. The CAC participated in all areas of the design process from selecting a design team to seeking solutions to parking and access issues, to the details of selecting amenities. A subcommittee of the CAC was formed to select an artist to produce art funded by Sound Transit’s art program. Following the selection a bronze sculpture entitled, “Standing Wave,” a private fundraising effort was established to match the funds provided by Sound Transit to allow the sculpture to be commissioned at a larger size. The City of Edmonds Architectural Design Board completed its review on April 17, 2002 and found that the project is generally consistent with the City’s Comprehensive Plan, other adopted policies, and applicable City regulations and recommended approval subject to certain conditions. The plans were presented to the City Council and Port of Edmonds Commission on April 30, 2002. For the past several years, Sound Transit has been working on designing Edmonds Station as an interim facility until such time Edmonds Crossing is constructed. An interim facility would not include the same kinds of improvements and amenities compared to a permanent facility. With the release of the revised Washington State Ferries (WSF) Revised Draft Long-Range Plan in January, 2009, it was clear to City Administration that the Sound Transit Edmonds Station should no longer function in an interim capacity since the WSF Draft Long Range Plan includes only a limited amount of funding ($26M) for Edmonds Ferry Terminal improvements through year 2030. As such, on February 24, 2009, City Administration submitted a formal recommendation to the City Council that Sound Transit work with stakeholders, e.g., City of Edmonds, Community Transit and WSDOT, etc., to implement the Sound Transit Edmonds Station Plan layout approved by the City's Architectural Design Board and reviewed by the City Council in 2002. The City Council voted to support City Administration’s recommendation regarding the overall plan layout. Regarding the proposed Developer Agreement, the City and Sound Transit propose to enter into a development agreement for the Project, as authorized pursuant to RCW 36.70B.170-.210, to establish development standards, mitigate and vest the Project. Pursuant to RCW 36.70B.200, the January 5, 2009 City Council meeting will offer the public an opportunity to comment on the agreement. Although the two dimensional plans do not depict specific vertical elements included in the project, items worth highlighting that the City has requested be incorporated into the project include: artistic elements within certain segments of mesh fencing along the station platforms, hanging baskets hung on lamp post brackets, relocation of Standing Wave sculpture (currently located east of the Washington State Ferry holding lanes) to the originally proposed Edmonds Station location near Main and Railroad Streets, and inclusion of Dark Sky compliant Sternberg light fixtures/lamp posts (similar in style to those placed throughout the downtown area). However, the City has expressed a desire to incorporate LED elements within the Sternberg light fixtures/lamp posts to conserve energy. Sound Transit has acknowledged and agreed to this request. Packet Page 178 of 233 It is important to note that both parties recognize the construction of the second (west) platform and the final configuration of the station platforms depicted in the April 30, 2002 plans referenced in Recital G of the Developer Agreement is dependent on BNSF construction of the second track to the east of the existing single track. Regarding the Interlocal Agreement, pursuant to an approved Development Agreement, the City and Sound Transit will provide for the development of certain real property, known as the Edmonds Station Project. If approved by the City Council, pursuant to the authorization of the Interlocal Cooperation Act, the City grants to Sound Transit nonexclusive use of portions of Railroad Street in the City as described herein in consideration of Sound Transit’s promises regarding the ownership, operation and maintenance of the Project within the right of way. The Interlocal Agreement will have an indefinite term and shall remain in full force and effect unless or until Sound Transit ceases to use the right of way granted pursuant to Section 3 of the Interlocal Agreement for public transportation purposes authorized under the provisions of Chapters 81.104 and/or 81.112 of the Revised Code of Washington. Fiscal Impact Attachments Link: Attachment 1 - Development Agreement Link: Attachment 2 - Interlocal Agreement Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 12/29/2009 04:21 PM APRV 2 Mayor Gary Haakenson 12/29/2009 04:25 PM APRV 3 Final Approval Sandy Chase 12/29/2009 05:29 PM APRV Form Started By: Stephen Clifton  Started On: 12/14/2009 05:00 PM Final Approval Date: 12/29/2009 Packet Page 179 of 233 DEVELOPMENT AGREEMENT for EDMONDS COMMUTER RAIL STATION between CITY OF EDMONDS, WASHINGTON and SOUND TRANSIT Date: _________________ Packet Page 180 of 233 TABLE OF CONTENTS RECITALS ................................................................................................................................1 COOPERATION AND GOOD FAITH EFFORTS..................................................................2 EDMONDS STATION PROJECT LOCATION AND ELEMENTS.......................................3 SEPA COMPLIANCE...............................................................................................................4 ESSENTIAL PUBLIC FACILITY REQUIREMENTS............................................................5 DEVELOPMENT STANDARDS.............................................................................................5 CONDITIONS AND MITIGATION MEASURES..................................................................6 MINOR REVISIONS................................................................................................................6 INDEMNITY AND HOLD HARMLESS.................................................................................6 TERM; TERMINATION...........................................................................................................7 COVENANTS AND WARRANTIES ......................................................................................7 ASSIGNABILITY; BENEFICIARY.........................................................................................8 DESIGNATED REPRESENTATIVES.....................................................................................9 DEFAULT.................................................................................................................................9 NOTICE...................................................................................................................................10 GENERAL PROVISIONS......................................................................................................10 SEVERABILITY.....................................................................................................................12 EXHIBIT A – PROJECT PLAN ................................................................................................. Packet Page 181 of 233 Development Agreement 1 DEVELOPMENT AGREEMENT This Development Agreement (“Agreement”) is entered into by and between the CITY OF EDMONDS, a Washington municipal corporation (the “City”), and the CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY (“Sound Transit”), a regional transit authority. Under the authority of RCW 36.70B.170-210 and in consideration of the mutual covenants contained herein, the City and Sound Transit do hereby agree as follows regarding the Edmonds Commuter Rail Station Project. RECITALS A. The City is an optional municipal code city incorporated under the laws of the State of Washington, with authority to enact laws and enter into development and right-of-way agreements to promote the health, safety and welfare of its citizens. B. Sound Transit is a regional transit authority created pursuant to RCW 81.104 and 81.112 with all powers necessary to implement a high capacity transportation system within its boundaries in King, Pierce, and Snohomish Counties, including the right to construct and maintain facilities in public rights of way without a franchise (RCW 81.112.100 and RCW 35.58.030). C. On November 5, 1996, Central Puget Sound area voters approved local funding for Sound Move, a regional transit system plan. Sound Move includes three new types of regional transportation -- light rail, commuter rail, and a regional express bus/HOV system -- which will be integrated with local transit systems and use a single or integrated, regional fare structure. D. One of the Sound Move projects is an Edmonds Commuter Rail Station (“Edmonds Station Project” or “Project”), located within the City and as described in this Agreement. E. Edmonds Crossing, as defined within the SR104 Edmonds Crossing Final Environmental Impact Statement Record of Decision issued in 2005, is a planned multimodal terminal to be located at Point Edwards within the City of Edmonds, and is a regional project intended to serve multiple modes of transportation, including Sound Transit Sounder North commuter rail operations. Project components may include, but are not limited to, a Washington State Ferry Terminal; train station designed to provide for intercity (AMTRAK) passenger and commuter rail (Sounder) service; bus transit center; facilities for accommodating both vehicular commuters and walk-on passengers, e.g., parking, drop-off areas, retail/concessionaire space, and waiting areas; and safety features including grade separation, designated vehicle parking and holding areas, and safer convenient waiting areas for bus, train and ferry riders. Sections 2.3, 2.4 and 2.5, provide additional detail on how Sound Transit Edmonds Station relates to the Edmonds Crossing project. Packet Page 182 of 233 F. The Growth Management Act (RCW 36.70A) requires the City to plan for and encourage regional high capacity transportation facilities such as Project (RCW 36.70A.020) and to accommodate within the City such essential public facilities (RCW 36.70A.200). Likewise, the Growth Management Act grants authority to the City to impose reasonable permitting and mitigation conditions on the Edmonds Station Project. G. The City’s Architectural Design Board completed its review and found that the Project is generally consistent with the City’s Comprehensive Plan, other adopted policies, and applicable City regulations and recommended approval subject to certain conditions as shown in the plans approved by the City’s Architectural Design Board on April 17, 2002 and presented to the City Council on April 30, 2002, incorporated by reference herein. H. The City and Sound Transit wish to enter into a development agreement for the Project, as authorized pursuant to RCW 36.70B.170-.210, to establish development standards, mitigate and vest the Project. I. Sound Transit and the Federal Transit Administration (“FTA”) issued the Everett to Seattle Commuter Rail Project NEPA/SEPA Final Environmental Impact Statement (“EIS”) in December 1999. The FTA issued a Record of Decision (“ROD”) for the project on February 4, 2000. The EIS evaluated impacts and mitigation for station and railroad improvements, including the construction of a new commuter rail station in Edmonds. Sound Transit issued a SEPA Addendum to the 1999 EIS in September 2008 which covered the impacts of providing temporary replacement parking during construction of the Edmonds Commuter Rail Station project. J. Pursuant to RCW 36.70B.200, the City held a properly noticed public hearing regarding the Project and this Agreement. K Both parties recognize the construction of the second (west) platform and the final configuration of the station platforms depicted in the April 30, 2002 plans referenced in Recital G is dependent on BNSF construction of the second track to the east of the existing single track. NOW THEREFORE, in consideration of mutual promises and covenants herein the Parties agree to the terms and conditions as follows: 1.0 COOPERATION AND GOOD-FAITH EFFORTS 1.1 The Parties understand and agree that the process described in this Agreement depends upon timely and open communication and cooperation between the Parties. In this regard, communication of issues, changes, or problems that arise with any aspect of the actions to be taken hereunder should occur as early as possible in the process, and not Development Agreement 2 Packet Page 183 of 233 wait for explicit due dates or deadlines. Each Party agrees to work cooperatively and in good faith toward resolution of any such issues. 1.2 The Parties acknowledge that this Agreement may contemplate the execution and delivery of a number of future documents, instruments and permits, the final form and contents of which are not presently determined. The Parties agree to provide the necessary resources and to work in good faith to develop the final form and contents of such documents, instruments and permits, and to promptly execute and deliver the same. 2.0 EDMONDS STATION PROJECT LOCATION AND ELEMENTS 2.1 The Project is located between Main and Dayton Streets on both sides of the BNSF Railway tracks. The project includes:  two (2) rail platforms (shared with Amtrak);  eight (8) weather protection rail passenger shelters;  a ticket vending machine shelter;  bicycle locker(s) and bicycle rack(s);  parking;  landscaping;  lighting;  informational signage;  railing and fencing incorporating artistic elements;  Community Transit station located between James and Main Streets (includes bus platform, two or three weather protection shelters, landscaping, lighting, signage, etc.); and  Other associated elements as shown in Exhibit A Project Plan. 2.2 The Parties acknowledge that the Project is to be located as shown on Exhibit A, attached and incorporated herein. The City acknowledges that any future disposition or conveyance of Project real property owned by Sound Transit, shall be Sound Transit’s sole determination and must comply with applicable laws and regulations. 2.3 Sound Transit and the City shall meet annually to discuss the status of the Edmonds Crossing Project as it relates to design, funding, feasibility and potential construction schedule. Sound Transit and the City will also continue to work with the Washington State Department of Transportation (“WSDOT”), including Washington State Ferries (“WSF”), on efforts to implement the Edmonds Crossing Project to determine what amenities of the Edmonds Station Project, if any, can or should be incorporated into Edmonds Crossing Project. If the Edmonds Crossing Project is deemed feasible within ten (10) years of execution of this Agreement, Sound Transit agrees to contribute funding for the Edmonds Development Agreement 3 Packet Page 184 of 233 Crossing Project as contemplated in the Sound Transit 2 Regional Transit System Plan approved by the voters on November 4, 2008. 2.4 Ultimately, both Parties desire a well functioning, attractively designed Edmonds Station Project that compliments the overall Sound Transit system and encourages local development that supports regional transit. As such, Sound Transit and the City will meet annually to discuss the need for additional improvements to the Edmonds Station Project regardless of whether it is defined as a permanent station or the Edmonds Crossing Project moves forward to the point of constructability. 2.5. Sound Transit and the City recognize that the Edmonds Crossing Project, as defined within the SR104 Edmonds Crossing Final Environmental Impact Statement Record of Decision issued in 2005, faces financial hurdles due to the long-term financial situation facing Washington State, Washington State Department of Transportation, and Washington State Ferries. As such, Sound Transit and the City recognize that Washington State Ferries may be examining minimum-build Edmonds Crossing alternatives, some of which could incorporate, or be combined with, Sound Transit Commuter Rail operations. 3.0 SEPA COMPLIANCE 3.1 Sound Transit is the “lead agency” for purposes of compliance with the State Environmental Policy Act, RCW 43.21C (“SEPA”). The City agrees that the Project has been subject to full and complete procedural and substantive SEPA review through Sound Transit’s preparation and issuance of the following environmental documents, which taken together comprise the “Edmonds Station Project Environmental Documents,” incorporated herein by reference: Everett to Seattle NEPA/SEPA Final Environmental Impact Statement (FTA and Sound Transit, December 1999); NEPA Record of Decision (FTA, February 4, 2000); and SEPA Addendum: Edmonds Station Temporary Replacement Parking During Construction (September 2008). 3.2 The Parties agree that pursuant to Washington Administrative Code (“WAC”) 197-11-600, the Project Environmental Documents, as they exist on the effective date of this Agreement, will be used by the City, unchanged, for its review and decisions on permit applications, unless (i) the applicant makes changes to the Project that are likely to have significant adverse environmental impacts not previously analyzed and/or (ii) new information is discovered regarding the Project that indicates a probable significant adverse impact not previously analyzed. 3.3 The Parties agree that the improvements shown in Exhibit A, Site Project Plan, described in this Agreement shall constitute the full and complete exercise of the City’s substantive SEPA authority, as well as its authority to mitigate the Project under any existing provision of local, state or federal law. The City has carefully considered the environmental impacts associated with the Project and the mitigation measures contained in the Edmonds Station Project Environmental Development Agreement 4 Packet Page 185 of 233 Documents. Pursuant to the authority granted in RCW 43.21C.060 and the Edmonds Community Development Code (“ECDC”), the Parties agree that the mitigation measures included as part of the Project are necessary to mitigate specific adverse environmental impacts and are deemed sufficient to mitigate such impacts, are reasonable, and are capable of being accomplished. 4.0 ESSENTIAL PUBLIC FACILITY REQUIREMENTS 4.1 The Parties agree that the Project is a regional transportation facility that has the status of an essential public facility (“EPF”) and that the requirements of RCW 36.70A.200 are applicable. Under RCW 36.70A, the City may not utilize development regulations to render impracticable Sound Transit’s decisions on siting and location of the Project; however, the City may impose reasonable permit and mitigation conditions on the Project. 5.0 DEVELOPMENT STANDARDS 5.1 The property subject to this Agreement is currently zoned Community Business (BC) as defined at ECDC 16.50. The proposed Project shall be allowed as a permitted use within the BC zone as provided in ECDC 16.50.010(A)(11). Any development approvals or permits issued for development within the Project shall be consistent with the provisions of this Agreement. Except as provided in this Agreement, the Project shall be governed by the City’s development regulations or standards as such regulations or standards existed on the effective date of this Agreement, or as regulations and standards may be determined applicable or inapplicable because of the non-preclusive requirements for essential public facilities provided in RCW 36.70A.200. This Agreement is entered into pursuant to RCW 36.70B.170 and shall vest the Project for period of five (5) years from the effective date of this Agreement. As provided in RCW 36.70B.170(4), the City shall reserve its authority to adopt new or different regulations to the extent required by a serious threat to public health and safety, after notice and an opportunity to be heard has been provided to Sound Transit, and such regulations shall apply to the Project. The City regulations or standards contained in the ECDC shall prevail unless expressly superseded by the terms of this Agreement. 5.2 Pursuant to RCW 36.70B.170 and after public hearing, the City Council determined that the Project is generally consistent with the Comprehensive Plan and development regulations. So long as the Project is developed consistent with appropriate City permit approvals and this Agreement, the public health, interest, and welfare are adequately protected within the bounds of the law. 5.3 In addition to this Agreement, additional permits and approvals will be required by the City, including but not limited to: right-of-way, drainage, signage, demolition, electrical permits, and administrative design review for the Amtrak building. Subsequent to execution of this Agreement, the City agrees that it shall issue the permits and approvals necessary to complete the Project consistent with Development Agreement 5 Packet Page 186 of 233 this Agreement and any other applicable laws and regulations within the City’s jurisdiction. The City shall exercise due diligence to review and issue decisions on subsequent permits and approvals in an efficient and expedited manner. 6.0 CONDITIONS AND MITIGATION MEASURES 6.1 The Parties agree that the mitigation measures described in the Federal Transit Administration Amended Record of Decision, dated February 4, 2000, incorporated by reference herein, are reasonable as part of the Project approvals and such mitigation shall be incorporated into the Project in full satisfaction of all development standards, except for those standards applicable to the building permits and other necessary administrative permits, and in full satisfaction of SEPA. 7.0 MINOR REVISIONS 7.1 The Community Services Director is authorized to approve minor revisions to the Project that are necessary and generally consistent with this Agreement. Such minor revisions shall include: (a) any revisions within the scope and intent of the original Project approvals, and/or (b) any revisions within the scope of the Project Environmental Documents. 8.0 INDEMNITY AND HOLD HARMLESS 8.1 To the extent permitted by law, each of the Parties to this Agreement shall protect, defend, indemnify, and save harmless the other Party, its officers, officials, employees, and agents, while acting within the scope of their employment, from any and all costs, claims, demands, judgments, damages or liability of any kind including injuries to persons or damages to property, which arise out of, or in any way result from, or are connected to, or are due to any negligent acts or omissions of the indemnifying Party. No Party will be required to indemnify, defend, or save harmless the other Party if the claim, suit, or action for injuries, death, or damages is caused by the sole negligence of the Party seeking indemnification. Where such claims, suits, or actions result from concurrent negligence of the Parties, the indemnity provisions provided herein shall be valid and enforceable only to the extent of the Party's own negligence. Each of the Parties agrees that its obligations under this subparagraph extend to any claim, demand, and/or cause of action brought by, or on behalf of, any of its employees or agents. For this purpose, each of the Parties, by mutual negotiation, hereby waives, with respect to the other Party only, any immunity that would otherwise be available against such claims under the industrial insurance provisions of Title 51 RCW. In the event of any claims, demands, actions and lawsuits, the indemnifying Party upon prompt notice from the other Party shall assume all costs of defense thereof, including legal fees incurred by the other parties, and of all resulting judgments that may be obtained against the other Party. In the event that any Party incurs attorney fees, costs or other legal expenses to enforce the provisions of this section, all such Development Agreement 6 Packet Page 187 of 233 fees, costs and expenses shall be recoverable by the prevailing Party. This indemnification section shall survive the termination of this Agreement. 8.2 Section 8.1 notwithstanding, Sound Transit expressly assumes all costs associated with the defense of this Development Agreement in any judicial or administrative appeal, including but not limited to a Land Use Petition Act appeal or an appeal to the Growth Management Hearings Board. The City shall provide testimony and assistance in such process, but Sound Transit agrees to indemnify and hold harmless the City from any reasonable legal cost associated therewith. 9.0 TERM; TERMINATION 9.1 This Agreement shall be effective as of the date the last Party signs and, unless sooner terminated pursuant to the terms hereof, shall remain in effect for a period of ten (10) years or for so long as the site continues to be used for railroad use, whichever is shorter; provided, however, that the provisions of Sections 8.1 and 8.2 shall survive termination and remain in full force and effect for so long as Sound Transit operates the Edmonds Station Project. 9.2 Upon termination of this Agreement, Sound Transit agrees to prepare, execute and deliver to the City all documentation necessary to evidence termination of this Agreement or portion thereof so terminated. No such termination, however, shall relieve the Parties hereto of obligations accrued and unsatisfied at such termination. 10.0 COVENANTS AND WARRANTIES 10.1 By execution of this Agreement, the City warrants the following: (a) That the City has the full right and authority to enter into and perform this Agreement and any permits that may be granted in accordance with the terms hereof, and that by entering into or performing this Agreement the City is not in violation of its charter or by-laws, or any law, regulation or agreement by which it is bound, to which it is bound, or to which it is subject; and (b) That the execution, delivery and performance of this Agreement by the City has been duly authorized by all requisite corporate action, that the signatories for the City hereto are authorized to sign this Agreement, and that, upon approval by the City, the joinder or consent of any other party, including a court or trustee or referee, is not necessary to make valid and effective the execution, delivery and performance of this Agreement. 10.2 By execution of this Agreement, Sound Transit warrants the following: Development Agreement 7 Packet Page 188 of 233 (a) That Sound Transit has full right and authority to enter into and perform this Agreement in accordance with the terms hereof, and by entering into or performing under this Agreement, Sound Transit is not in violation of any of its agency governance rules, or any law, regulation or agreement by which it is bound or to which it is subject; and (b) That the execution, delivery and performance of this Agreement by Sound Transit has been duly authorized by all requisite Board action, that the signatories for Sound Transit hereto are authorized to sign this Agreement, and that the joinder or consent of any other party, including a court, trustee, or referee, is not necessary to make valid and effective the execution, delivery and performance of this Agreement. 11.0 ASSIGNABILITY; BENEFICIARY; SUBORDINATION AGREEMENT 11.1 This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective successors or assignees. No assignment hereof or sublease shall be valid for any purpose without the prior written consent of the other party, and any attempt by one party to assign or license the rights or obligations hereunder without prior written consent will give the other party the right, at its written election, immediately to terminate this Agreement or take any other lesser action with respect thereto. The above requirement for consent shall not apply to (i) any disposition of all or substantially all of the assets of a party, (ii) any governmental entity merger, consolidation, or reorganization, whether voluntary or involuntary, (iii) a sublease or assignment of this Agreement, in whole or in part, to a governmental entity, or (iv) a sale, lease, or other conveyance subject to those requirements set forth in this Agreement; provided, however, that no sublease or assignment under (ii) or (iii) shall be permitted to a governmental entity not operating, constructing or maintaining the Edmonds Station Project on behalf of Sound Transit, and provided further that no unconsented assignment shall relieve Sound Transit of its obligations and liabilities under this Agreement. 11.2 Neither this Agreement nor any term or provision hereof, or any inclusion by reference, shall be construed as being for the benefit of any party not a signatory hereto. 11.3 In order to meet Federal Transit Administration (“FTA”) continuing control requirements, it is anticipated that Sound Transit, the City and BNSF will in the future enter into a subordination agreement that will be separate and apart from this Agreement. Approval of the subordination agreement by Sound Transit and the City shall not be unreasonably withheld. 12.0 DESIGNATED REPRESENTATIVES Development Agreement 8 Packet Page 189 of 233 12.1 To promote effective intergovernmental cooperation and efficiencies, the Parties each designate a representative (“Designated Representative”) who shall be responsible for the coordination of communications between the Parties and shall act as the point of contact for each party. The Designated Representatives shall be responsible for the performance of the objectives of this Agreement. 12.2 Each Designated Representative is also responsible for coordinating the input and work of its agency, consultants, and staff as it relates to the objectives of this Agreement. The Parties reserve the right to change Designated Representatives, by written notice to the other party during the term of this Agreement. Each party’s Designated Representative is named below with the individual’s contact information. Sound Transit Jim Edwards, Director Capital Projects Sound Transit 401 South Jackson Seattle, Washington 98104-2826 206-398-5436 City of Edmonds Stephen Clifton or Mayoral designee City of Edmonds 121 - 5th Avenue North Edmonds, WA 98020 (425) 771-0251 13.0 DEFAULT 13.1 No Party shall be in default under this Agreement unless it has failed to perform under this Agreement for a period of thirty (30) calendar days after written notice of default from any other Party. Each notice of default shall specify the nature of the alleged default and the manner in which the default may be cured satisfactorily. If the nature of the alleged default is such that it cannot be reasonably cured within the thirty (30) day period, then commencement of the cure within such time period and the diligent prosecution to completion of the cure shall be deemed a cure. Any Party not in default under this Agreement shall have all rights and remedies provided by law including without limitation damages, specific performance, or writs to compel performance or require action consistent with this Agreement. The prevailing party, or the substantially prevailing party if no one party prevails entirely, shall be entitled to reasonable attorney fees and costs. 14.0 NOTICE Development Agreement 9 Packet Page 190 of 233 14.1 Unless otherwise provided herein, all notices and communications concerning this Agreement shall be in writing and addressed as follows. Notice by hand delivery or facsimile shall be effective upon receipt. If deposited in the mail, notice shall be deemed delivered 48 hours after deposited. Any party, at any time by written notice to the other party, may designate a different address or person to which such notice or communication shall be given. If to the City: City of Edmonds 121 - 5th Avenue North Edmonds, WA 98020 (425) 771-0251 Attn: Stephen Clifton or Mayoral designee If to Sound Transit: Central Puget Sound Regional Transit Authority Union Station 401 S. Jackson St. Seattle, WA 98104-2826 Attn: Chief Executive Officer or CEO designee 14.2 Unless otherwise provided herein, notices shall be sent by registered or certified U.S. Mail, or other verifiable physical or electronic transmission, and shall be deemed served or delivered to addressee, upon the date of actual receipt, return receipt acknowledgment; provided, however, that upon receipt of a returned notice marked “unclaimed,” the sending party shall make a reasonable effort to contact and notify the other party by telephone. 15.0 GENERAL PROVISIONS 15.1 The Parties shall not unreasonably withhold requests for information, approvals or consents provided for in this Agreement. The Parties agree to take further action and execute further documents, either jointly or within their respective powers and authority, to implement the intent of this Agreement. The City and Sound Transit agree to work cooperatively with each other to achieve the mutually agreeable goals as set forth in this Agreement. 15.2 This Agreement shall be interpreted, construed, and enforced in accordance with the laws of the State of Washington. Venue for any action under this Agreement shall be Snohomish County, Washington. 15.3 This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the City and Sound Transit. 15.4 A Memorandum of this Agreement shall be recorded in accordance with RCW 36.70B.200 at Sound Transit’s sole cost and expense. Development Agreement 10 Packet Page 191 of 233 15.5 Time is of the essence in every provision of this Agreement. Unless otherwise set forth in this Agreement, the reference to “days” shall mean calendar days. If any time for action occurs on a weekend or legal holiday, then the time period shall be extended automatically to the next business day. 15.6 This Agreement is made and entered into for the sole protection and benefit of the Parties hereto and their successors and assigns. No other person shall have any right of action based upon any provision of this Agreement. 15.7 This Agreement has been reviewed and revised by legal counsel for all parties and no presumption or rule that ambiguity shall be construed against the Party drafting the document shall apply to the interpretation or enforcement of this Agreement. The Parties intend this Agreement to be interpreted to the full extent authorized by applicable law including the requirements of RCW 36.70A.200. 15.8 Each Party shall be responsible for its own costs, including legal fees, incurred in negotiating or finalizing this Agreement, unless otherwise agreed in writing by the Parties. 15.9 The Parties shall not be deemed in default with provisions of this Agreement where performance was rendered impossible by war or riots, civil disturbances, floods or other natural catastrophes beyond its control; the unforeseeable unavailability of labor or materials; or labor stoppages or slow downs, or power outages exceeding back-up power supplies. This Agreement shall not be revoked or a party penalized for such noncompliance, provided that such party takes immediate and diligent steps to return to compliance and to comply as soon as practicable under the circumstances without unduly endangering the health, safety, and integrity of both parties’ employees or property, or the health, safety, and integrity of the public, Public Right-of-Way, public property, or private property. 15.10 This Agreement may be amended only by a written instrument executed by each of the Parties hereto. No failure to exercise and no delay in exercising, on the part of any Party hereto, any rights, power or privilege hereunder shall operate as a waiver hereof, except as expressly provided herein. 15.11 This Agreement constitutes the entire agreement of the Parties with respect to the subject matters hereof, and supersedes any and all prior negotiations, oral and written, understandings and agreements with respect hereto. 15.12 Section headings are intended as information only, and shall not be construed with the substance of the section they caption. 15.13 In construction of this Agreement, words used in the singular shall include the plural and the plural the singular, and “or” is used in the inclusive sense, in all cases where such meanings would be appropriate. Development Agreement 11 Packet Page 192 of 233 15.14 This Agreement may be executed in several counterparts, each of which shall be deemed an original, and all counterparts together shall constitute but one and the same instrument. 16.0 SEVERABILITY 16.1 In case any term of this Agreement shall be held invalid, illegal or unenforceable in whole or in part, neither the validity of the remaining part of such term nor the validity of the remaining terms of this Agreement shall in any way be affected thereby. IN WITNESS WHEREOF, each of the Parties hereto has executed this Agreement by having its authorized representative affix his/her name in the appropriate space below: CENTRAL PUGET REGIONAL TRANSIT AUTHORITY (SOUND TRANSIT) THE CITY OF EDMONDS By: Joan M. Earl, Chief Executive Officer Date: By: Gary Haakenson, Mayor Date: Authorized by Ordinance Approved as to form: By: Stephen G. Sheehy Legal Counsel. Approved as to form: By: W. Scott Snyder Edmonds City Attorney Development Agreement 12 Packet Page 193 of 233 EXHIBIT A Project Plan Packet Page 194 of 233 INTERLOCAL AGREEMENT SOUND TRANSIT AND THE CITY OF EDMONDS THIS AGREEMENT is made and entered into by and between the undersigned parties pursuant to the provisions of the Interlocal Cooperation Act of 1967, Chapter 39.34 RCW. WHEREAS, the City of Edmonds, Washington is an optional municipal code city (hereinafter “City”) organized under the provisions of Title 35A RCW and owns, operates and manages certain rights of way and real property on the Edmonds waterfront; and WHEREAS, the Central Puget Sound Regional Transit Authority (hereinafter “Sound Transit”) is a regional transit authority created pursuant to Chapters 81.104 and 81.112 RCW, with all powers necessary to implement a high capacity transportation system within its boundaries in King, Pierce and Snohomish Counties, including the right to construct and maintain facilities and public rights of way without a franchise (RCW 81.112.100 and 35.58.030); and WHEREAS, pursuant to a contemporaneously approved Development Agreement, the City and Sound Transit have provided for the development of certain real property, known as the Edmonds Station Project, as that Project is depicted in said agreement incorporated by reference herein set forth; and WHEREAS, pursuant to the authorization of the Interlocal Cooperation Act, the City grants to Sound Transit nonexclusive use of portions of Railroad Street in the City as described herein in consideration of Sound Transit’s promises regarding the ownership, operation and maintenance of the Project in the right of way as herein provided, NOW, THEREFORE, In consideration of the mutual promises and covenants contained herein, it is agreed that: Section 1. Duration. This Agreement shall have an indefinite term and shall remain in full force and effect unless or until Sound Transit ceases to use the right of way granted pursuant to Section 3 below for public transportation purposes authorized under the provisions of Chapters 81.104 and/or 81.112 RCW. Section 2. Purpose. This Agreement provides a grant of authorization to Sound Transit for the non-exclusive use of certain right of way described in Section 3 under the terms and conditions set forth herein. Page 1 of 12 Packet Page 195 of 233 Section 3. Grant for Use of City Right of Way. 3.1 The City hereby grants to Sound Transit, its successors and assigns, a non- exclusive use of portions of Railroad Street, the general location of which is described and depicted on Exhibit “A” attached and incorporated herein, to construct, operate, maintain, and own the Project in accordance with the terms and conditions of this Agreement. The portions of the Project located in Railroad Street shall be limited to the areas shown in Exhibit “A“. The City’s Public Works Director and Sound Transit’s Director of Capital Project may, from time to time, jointly revise and modify Exhibit “A” to conform to the record drawings, so as long as the revisions are, in their professional engineering judgment, within the scope and intent of Exhibit “A”. Sound Transit expressly agrees that it will construct, operate and maintain the Project in compliance with this Agreement and all applicable City ordinances and state and federal laws. 3.2 Unless otherwise provided in this Agreement, Sound Transit shall own, operate and/or maintain all facilities associated with the Project, including those within the City right of way, including, without limitation, improvements constructed at the cost and expense of Sound Transit. The parties acknowledge that Community Transit may own, operate and maintain certain elements of the facilities described in Section 2.1 of the Development Agreement and that subsequent amendments to this Agreement may be necessary to address this possibility. Sound Transit will keep the City informed of the progress of discussions with Community Transit and work cooperatively with the City to address ownership, operation and maintenance of all facilities in a mutually agreeable manner. Nothing in this Agreement, however, shall be construed as granting to Sound Transit any interest or right in the City right of way or the improvements on the City’s right of way other than the rights expressly provided herein. 3.3 The City recognizes that the Project is a public transportation improvement and as such will cooperate with Sound Transit by directing conflicting non-City, private utilities to relocate when necessary at their expense, as provided by law. Sound Transit agrees that it will coordinate with all utilities to minimize utility relocation costs and related construction, and will negotiate with non-City owned utilities on relocation costs and cost allocation. Sound Transit shall fully indemnify the City for any claim and undertake the defense of any litigation directed at the City arising from such relocation to accommodate the construction of the Project. The City shall cooperate with Sound Transit in the defense of any such claim. Notwithstanding the foregoing, the Parties agree that Sound Transit shall pay for any relocation or protection of City-owned utilities that the City determines is necessary due to construction or operation of the Project and as required by City Code. 3.5 Sound Transit, at Sound Transit’s sole cost and expense, shall furnish all materials, parts, components, equipment and structures necessary to construct and operate the Project, or any part thereof, in accordance with this Agreement. Any and all work by Sound Transit shall be done in a good and workmanlike manner, in conformity with all applicable engineering, safety, and other statutes, laws, ordinances, Page 2 of 12 Packet Page 196 of 233 regulations, rules, codes, orders, or specifications of any public body or authority having jurisdiction. 3.6 Sound Transit’s design and construction of the Project is subject to a financial assistance contract between Sound Transit and the Federal Transit Administration (“FTA”). Both Parties recognize that the FTA may request a change to this Agreement to comply with its funding requirements. The Parties agree to consider any such request in good faith. 3.7 The Parties acknowledge that a portion of the Project will be constructed upon real property that Sound Transit will lease from the Burlington Northern and Santa Fe Railway Company (“BNSF”) and that this real property is presently encumbered by an easement granted to the City in 1958. In order to meet Federal Transit Administration (“FTA”) continuing control requirements, it is anticipated that Sound Transit, the City and BNSF will in the future enter into a subordination agreement that will be separate and apart from this Agreement. Approval of the subordination agreement by Sound Transit and the City shall not be unreasonably withheld. Section 4. Permits. 4.1 Sound Transit, at its sole cost and expense, shall (i) secure and maintain in effect, all federal, state and local permits and licenses required for the construction, operation and maintenance of the Commuter Rail Transit System, including, without limitation, crossing, zoning, building, health, environmental, and communication permits and licenses, and (ii) indemnify the City against payment of the costs thereof and against any fines or penalties that may be levied for failure to procure, or to comply with, such permits or licenses, as well as any remedial costs incurred by the City in curing any such failures. 4.2 The City shall not hinder Sound Transit’s attempts to secure, obtain, and maintain, at Sound Transit’s sole cost and expense, any permits, licenses or approvals of other governmental agencies or authorities, or of any necessary Third Parties, for the use of any structures or facilities (including streets, roads or utility poles). 4.3 Sound Transit shall operate, maintain, and repair the Project in compliance with all federal, state, and local laws, ordinances, departmental rules and regulations and practices affecting such system, which includes, by way of example and not limitation, the obligation to operate, maintain, and repair in accordance with the applicable provisions of City Code. In addition, the operation, maintenance, and repair shall be performed in a manner consistent with industry standards. Sound Transit shall exercise reasonable care in the performance of all its activities and shall use industry accepted methods and devices for preventing failures and accidents that are likely to cause damage, injury, or nuisance to the public or to property. 4.4 The City shall have no responsibility for inspecting, maintaining, servicing or repairing any trains or other equipment used by Sound Transit as part of the Project, Page 3 of 12 Packet Page 197 of 233 but all such equipment shall at all times comply with applicable federal, state, and local governmental requirements. Section 5. Indemnity and Hold Harmless. To the extent permitted by law, each of the Parties to this agreement shall protect, defend, indemnify, and save harmless the other Party, and its officers, officials, employees, and agents, while acting within the scope of their employment, from any and all costs, claims, demands, judgment, damages or liability of any kind including injuries to persons or damages to property, which arise out of, or in any way result from, or are connected to, or are due to any negligent acts or omissions of the indemnifying Party. No Party will be required to indemnify, defend, or save harmless the other Party if the claim, suit, or action for injuries, death, or damages is caused by the sole negligence of the Party seeking indemnification. Where such claims, suits, or actions result from concurrent negligence of the Parties, the indemnity provisions provided herein shall be valid and enforceable only to the extent of the Party's own negligence. Each of the Parties agrees that its obligations under this subparagraph extend to any claim, demand, and/or cause of action brought by, or on behalf of, any of its employees or agents. For this purpose, each of the Parties, by mutual negotiation, hereby waives, with respect to the other Party only, any immunity that would otherwise be available against such claims under the industrial insurance provisions of Title 51 RCW. In the event of any claims, demands, actions and lawsuits, the indemnifying Party upon prompt notice from the other Party shall assume all costs of defense thereof, including legal fees incurred by the other parties, and of all resulting judgments that may be obtained against the other Party. In the event that any Party incurs attorney fees, costs or other legal expenses to enforce the provisions of this section, all such fees, costs and expenses shall be recoverable by the prevailing Party. This indemnification section shall survive the termination of this Agreement. Section 6. Insurance. 6.1 Sound Transit shall maintain, throughout the term of this Agreement and for six years after its termination, insurance adequate to protect the City against claims that may arise as a result of the construction, operation, or maintenance of the Project, including, without limitation: (i) comprehensive general liability insurance; (ii) property damage liability insurance (including coverage for explosion, collapse, and instability); (iii) workers’ compensation insurance (to the extent required by law); (iv) employer’s liability insurance; and (v) comprehensive auto liability coverage (including owned, hired, and non-owned vehicles). 6.2 Sound Transit shall carry such insurance with responsible insurers or self- insure or participate in an insurance pool or pools at levels of coverage or with reserves adequate, in the reasonable judgment of Sound Transit, to protect Sound Transit and the City against loss, and as are ordinarily carried by municipal or privately owned entities engaged in the operation of similar systems. Page 4 of 12 Packet Page 198 of 233 6.3 Sound Transit shall file with the City’s Risk Manager Certificates of Insurance reflecting evidence of the required insurance and naming the City as an additional insured where appropriate. The certificates shall contain a provision that coverage shall not be canceled until at least 30 days’ prior written notice has been given to the City. 6.4 If Sound Transit fails to maintain the required insurance, the City may order Sound Transit to stop operating the Project in Railroad Street until the required insurance is obtained. Section 7. Liens. 7.1 The Project is not subject to a claim of lien. In the event that any City property becomes subject to any claims for mechanics’, artisans’ or materialmen’s liens, or other encumbrances chargeable to or through Sound Transit that Sound Transit does not contest in good faith, Sound Transit shall promptly, and in any event within thirty (30) days, cause such lien claim or encumbrance to be discharged or released of record (by payment, posting of bond, court deposit or other means), without cost to the City, and shall indemnify the City against all costs and expenses (including attorneys’ fees) incurred in discharging and releasing such claim of lien or encumbrance. If any such claim or encumbrance is not so discharged and released, the City may pay or secure the release or discharge thereof at the expense of Sound Transit after first giving Sound Transit seven (7) days advance notice of its intention to do so. The City shall use its reasonable best efforts to keep Sound Transit’s facilities free of all liens that may adversely affect the Project. 7.2 Nothing herein shall preclude Sound Transit’s or the City’s contest of a claim for lien or other encumbrance chargeable to or through Sound Transit or the City, or of a contract or action upon which the same arose. 7.3 Nothing in this Agreement shall be deemed to give, and the City hereby expressly waives, any claim of ownership in and to any part or the whole of the Project except as may be otherwise provided herein. Section 8. Terms Required by RCW 39.34.030 and RCW 39.34.040 In addition to the provisions previously stated regarding duration, organization and purpose, the following provisions are included pursuant to the requirements of RCW 39.34.030. 8.1 No joint or cooperative undertaking is required by this Agreement. Therefore, no provision is made for the financing of any joint or cooperative undertaking. 8.2 No joint property ownership is contemplated under the terms of this provision. To the extent title to the right of way exists, it shall remain in the City of Edmonds and all rights derived by Sound Transit for the use of the described property are derivative of the Page 5 of 12 Packet Page 199 of 233 City’s ownership. In the event, at the termination of this Agreement, any personal property is jointly owned by the Parties, either Party may purchase the interest of the other, with the other Party’s permission, at fair market value, as such value is determined by the parties. In the event that neither party wishes to retain jointly obtained property, it shall be surplussed and the proceeds divided pro-rata based upon the party’s initial contribution to the purchase of such property. If both Parties seek ownership of the property, value shall be determined as herein provided and the right of the parties to purchase the property or properties determined by the drawing of lots. 8.3 Because no joint or cooperative undertaking is contemplated by this agreement, no provision has been made for an administrator or joint board. 8.4 This Agreement shall be effective when listed by subject on the City of Edmonds’ web site, Sound Transit’s web site or another electronically retrievable public source, whichever shall first occur. Section 9. Covenants and Warranties. 9.1 By execution of this Agreement, the City warrants: (a) That the City has the full right and authority to enter into and perform this Agreement and any permits that may be granted in accordance with the terms hereof, and that by entering into or performing this Agreement the City is not in violation of its charter or by-laws, or any law, regulation or agreement by which it is bound or to which it is bound or to which it is subject; and (b) That the execution, delivery and performance of this Agreement by the City has been duly authorized by all requisite corporate action, that the signatories for the City hereto are authorized to sign this Agreement, and that, upon approval by the City, the joinder or consent of any other party, including a court or trustee or referee, is not necessary to make valid and effective the execution, delivery and performance of this Agreement. 9.2 By execution of this Agreement, Sound Transit warrants: (a) That Sound Transit has full right and authority to enter into and perform this Agreement in accordance with the terms hereof, and by entering into or performing under this Agreement, Sound Transit is not in violation of any of its agency governance rules, or any law, regulation or agreement by which it is bound or to which it is subject; and (b) That the execution, delivery and performance of this Agreement by Sound Transit has been duly authorized by all requisite Board action, that the signatories for Sound Transit hereto are authorized to sign this Agreement, and that the joinder or consent of any other party, including a court or trustee or referee, is not necessary to make valid and effective the execution, delivery and performance of this Agreement. Page 6 of 12 Packet Page 200 of 233 Section 10. Assignability; Beneficiary. 10.1 This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective successors or assignees. No assignment hereof or sublease shall be valid for any purpose without the prior written consent of the other party, and any attempt by one party to assign or license the rights or obligations hereunder without prior written consent will give the other party the right, at its written election, immediately to terminate this Agreement or take any other lesser action with respect thereto. The above requirement for consent shall not apply to (i) any disposition of all or substantially all of the assets of a party, (ii) any governmental entity merger, consolidation, or reorganization, whether voluntary or involuntary, (iii) a sublease or assignment of this Agreement (in whole or in part) to a governmental entity, or (iv) a sale, lease, or other conveyance subject to those requirements set forth in this Agreement; provided, however, that no sublease or assignment under (ii) or (iii) shall be permitted to a governmental entity not operating, constructing or maintaining the Edmonds Station Project on behalf of Sound Transit, and provided further that no unconsented assignment shall relieve Sound Transit of its obligations and liabilities under this Agreement. 10.2 Neither this Agreement nor any term or provision hereof, or any inclusion by reference, shall be construed as being for the benefit of any party not a signatory hereto. Section 11. Designated Representatives. 11.1 To promote effective intergovernmental cooperation and efficiencies, the Parties each designate a representative (“Designated Representative”) who shall be responsible for coordination of communications between the Parties and shall act as the point of contact for each party. The Designated Representatives shall be responsible for the performance of the objectives of this Agreement. 11.2 Each Designated Representative is also responsible for coordinating the input and work of its agency, consultants, and staff as it relates to the objectives of this Agreement. The Parties reserve the right to change Designated Representatives, by written notice to the other party during the term of this Agreement. Each party’s Designated Representative is named below with the individual’s contact information. Sound Transit Jodi Mitchell Sound Transit 401 South Jackson Seattle, Washington 98104-2826 206-398-5117 Page 7 of 12 Packet Page 201 of 233 City of Edmonds Stephen Clifton City of Edmonds 121 5th Avenue North Edmonds, WA 98020 (425) 771-0251 Section 12. Default. 12.1 No Party shall be in default under this Agreement unless it has failed to perform under this Agreement for a period of thirty (30) calendar days after written notice of default from any other Party. Each notice of default shall specify the nature of the alleged default and the manner in which the default may be cured satisfactorily. If the nature of the alleged default is such that it cannot be reasonably cured within the thirty (30) day period, then commencement of the cure within such time period and the diligent prosecution to completion of the cure shall be deemed a cure. Any Party not in default under this Agreement shall have all rights and remedies provided by law including without limitation damages, specific performance or writs to compel performance or require action consistent with this Agreement. The prevailing party (or the substantially prevailing party if no one party prevails entirely) shall be entitled to reasonable attorneys’ fees and costs. Section 13. Notice. 13.1 Unless otherwise provided herein, all notices and communications concerning this Agreement shall be in writing and addressed as follows. Notice by hand delivery or facsimile shall be effective upon receipt. If deposited in the mail, notice shall be deemed delivered 48 hours after deposited. Any Party at any time by written notice to the other party may designate a different address or person to which such notice or communication shall be given. If to the City: City of Edmonds 121 5th Avenue North Edmonds, WA 98020 (425) 771-0251 Attn: Stephen Clifton If to Sound Transit: Central Puget Sound Regional Transit Authority Union Station 401 S. Jackson St. Seattle, WA 98104-2826 Attn: Chief Executive Officer 13.2 Unless otherwise provided herein, notices shall be sent by registered or certified U.S. Mail, or other verifiable physical or electronic transmission, and shall be deemed served or delivered to addressee, upon the date of actual receipt, return receipt Page 8 of 12 Packet Page 202 of 233 acknowledgment, provided, however, that upon receipt of a returned notice marked “unclaimed,” the sending Party shall make a reasonable effort to contact and notify the other party by telephone. Section 14.0 Dispute Resolution. 14.1 Any disputes or questions of interpretation of this Agreement that may arise between Sound Transit and the City shall be governed under the Dispute Resolution provisions in this Section. The Parties agree that cooperation and communication are essential to resolving issues efficiently. The Parties agree to exercise their best efforts to resolve any disputes that may arise through this dispute resolution process, rather than in the media or through other external means. 14.2 The Parties agree to use their best efforts to prevent and resolve potential sources of conflict at the lowest level. 14.3 The Parties agree to use their best efforts to resolve disputes arising out of or related to this Agreement using good faith negotiations by engaging in the following dispute escalation process should any such disputes arise: (a) Level One - Sound Transit’s Designated Representative and the City’s Designated Representative shall meet to discuss and attempt to resolve the dispute in a timely manner. If they cannot resolve the dispute within fourteen (14) calendar days after referral of the dispute to Level One, either Party may refer the dispute to Level Two. (b) Level Two - Sound Transit and City designees shall meet to discuss and attempt to resolve the dispute, in a timely manner. If they cannot resolve the dispute within fourteen (14) business days after referral of that dispute to Level Two, either party may refer the dispute to Level Three. (c) Level Three - Sound Transit and City designees shall meet to discuss and attempt to resolve the dispute in a timely manner. 14.4 Except as otherwise specified in this Agreement, in the event the dispute is not resolved at Level Three within fourteen (14) calendar days after referral of that dispute to Level Three, the Parties are free to file suit or agree to alternative dispute resolution methods such as mediation. At all times prior to resolution of the dispute, the Parties shall continue to perform and make any required payments under this Agreement in the same manner and under the same terms as existed prior to the dispute. Section 15. General Provisions. 15.1 The Parties shall not unreasonably withhold requests for information, approvals or consents provided for in this Agreement. The Parties agree to take further actions and execute further documents, either jointly or within their respective powers and authority, to implement the intent of this Agreement. The City and Sound Transit agree to work Page 9 of 12 Packet Page 203 of 233 cooperatively with each other to achieve the mutually agreeable goals as set forth in this Agreement. 15.2 This Agreement shall be interpreted, construed and enforced in accordance with the laws of the State of Washington. Venue for any action under this Agreement shall be Snohomish County, Washington. 15.3 This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the City and Sound Transit. 15.4 A Memorandum of this Agreement shall be recorded at Sound Transit’s sole cost and expense in the records of Snohomish County Washington. 15.5 Time is of the essence in every provision of this Agreement. Unless otherwise set forth in this Agreement, the reference to “days” shall mean calendar days. If any time for action occurs on a weekend or legal holiday, then the time period shall be extended automatically to the next business day. 15.6 This Agreement is made and entered into for the sole protection and benefit of the Parties hereto and their successors and assigns. No other person shall have any right of action based upon any provision of this Agreement. 15.7 This Agreement has been reviewed and revised by legal counsel for all parties and no presumption or rule that ambiguity shall be construed against the party drafting the document shall apply to the interpretation or enforcement of this Agreement. The Parties intend this Agreement to be interpreted to the full extent authorized by applicable law. 15.8 Each Party shall be responsible for its own costs, including legal fees, incurred in negotiating or finalizing this Agreement, unless otherwise agreed in writing by the Parties. 15.9 The Parties shall not be deemed in default with provisions of this Agreement where performance was rendered impossible by war or riots, civil disturbances, floods or other natural catastrophes beyond its control; the unforeseeable unavailability of labor or materials; or labor stoppages or slow downs, or power outages exceeding back- up power supplies. This Agreement shall not be revoked or a party penalized for such noncompliance, provided that such party takes immediate and diligent steps to bring itself back into compliance and to comply as soon as practicable under the circumstances without unduly endangering the health, safety, and integrity of both parties’ employees or property, or the health, safety, and integrity of the public, Public Right-of-Way, public property, or private property. 15.10 This Agreement may be amended only by a written instrument executed by each of the Parties hereto. No failure to exercise and no delay in exercising, on the part of any party hereto, any rights, power or privilege hereunder shall operate as a waiver hereof, except as expressly provided herein. Page 10 of 12 Packet Page 204 of 233 15.11 This Agreement constitutes the entire agreement of the Parties with respect to the subject matters hereof, and supersedes any and all prior negotiations (oral and written), understandings and agreements with respect hereto. 15.12 Section headings are intended as information only, and shall not be construed with the substance of the section they caption. 15.13 In construction of this Agreement, words used in the singular shall include the plural and the plural the singular, and “or” is used in the inclusive sense, in all cases where such meanings would be appropriate. 15.14 This Agreement may be executed in several counterparts, each of which shall be deemed an original, and all counterparts together shall constitute but one and the same instrument. Section 16. Severability. 16.1 In case any term of this Agreement shall be held invalid, illegal or unenforceable in whole or in part, neither the validity of the remaining part of such term nor the validity of the remaining terms of this Agreement shall in any way be affected thereby. IN WITNESS WHEREOF, each of the Parties hereto has executed this Agreement by having its authorized representative affix his/her name in the appropriate space below: CENTRAL PUGET REGIONAL TRANSIT THE CITY OF EDMONDS AUTHORITY (SOUND TRANSIT) By: __ ____ By: ____________ Joan M. Earl, Chief Executive Officer Gary Haakenson, Mayor Date: Date: Authorized by Ordinance _________ Approved as to form: By: By: ___________________________ Stephen G. Sheehy W. Scott Snyder, Legal Counsel City Attorney Page 11 of 12 Packet Page 205 of 233 EXHIBIT A Project Plan Page 12 of 12 Packet Page 206 of 233 AM-2703 14. Public Hearing on an Ordiance to establish a Special Sewer Connection Fee Edmonds City Council Meeting Date:01/05/2010 Submitted By:Robert English Time:30 Minutes Department:Engineering Type:Action Review Committee:Community/Development Services Committee Action:Recommend Review by Full Council Information Subject Title Public hearing on an Ordinance amending the provisions of ECC 7.30.036, Sewer Special Connection Districts, to add a new subsection ECC 7.30.036(C) establishing a special connection fee for certain properties on or near Olympic View Drive, and fixing a time when the same shall become effective. Recommendation from Mayor and Staff Council approve the proposed Ordinance. Previous Council Action On October 14, 2003, Staff briefed the Community Services/Development Services (CS/DS) Council Committee on the proposed special connection fee. On November 10, 2003, Staff provided an update to the CS/DS Committee. On May 4, 2004, Council directed Staff to proceed with development and implementation of special connection fees for private properties within the Olympic View Drive Improvement Project. On November 10, 2009, Staff briefed the CS/DS Committee on the proposed Ordinance. Narrative SUMMARY: In May 2004, the City Council directed staff to proceed with constructing sewer improvements to serve 13 private properties within the Olympic View Drive (OVD) street project and establish a special connection fee to reimburse the sewer utility fund for these costs. Development of the special connection fee was to be based on the actual design and construction costs. Since the OVD sewer construction work is complete, the City can now proceed with implementation of the special connection fee and approval of the proposed ordinance. DEFINITIONS: - A “sewer lateral” is the portion of the sewer line owned by the City serving individual properties and located between the sewer main in the street and the edge of the City right of way or easement. - Privately owned “side sewer” is the portion of the sewer line from the house to the sewer lateral Packet Page 207 of 233 and is installed and owned by the private property owner. - A “sewer collector” is a branch sewer line off a sewer main owned by the City and serving multiple private properties. - A “sewer collector stub out” is a short section of sewer pipe connected to the City’s sewer main and capped for future connection of a sewer collector. BACKGROUND: In 2004, the Council determined that it was in the public’s best interest to install sewer laterals and a manhole/sewer collector stub out for 13 properties adjacent to Lynnwood’s OVD street project and establish a special connection fee to recover the costs. Twelve of the identified 13 properties are not presently connected to the public sewer system. The sewer improvements were constructed with Lynnwood’s OVD street project to avoid future connections after the project was completed and prevent cuts in the new OVD street pavement. One of the 13 properties, 17626 OVD, is currently connected to the sewer system. The property was connected to Lynnwood’s sewer main in 1985 and the sewer lateral that serves this property crosses OVD, continues across private property in a private easement and then connects to Lynnwood’s public sewer main. This property is included in the assessment area, since it is possible for this property to connect and benefit from the constructed sewer improvements in the future. The cost to construct the sewer improvements was paid by the City’s Utility Fund 412. These costs are to be recovered from the 13 property owners who will use and benefit from the sewer improvements. This is consistent with past practices of implementing Local Improvement District’s for sewer projects and fairness to other rate payers. The special connection fees are authorized by RCW 35.92.020 and 025 and must be adopted by City Council. The 13 property owners were notified in 2003 of this project and were provided with estimated connection fees. The preliminary estimates prepared by staff ranged from $3,000 to $6,000. Staff also held public meetings for the property owners in December 2003 to provide project information and answer questions. A public comment period was held during the May 4, 2004 Council Meeting before Council took action on the special connection fee. Three property owners provided comments during this meeting. When Council took action in May 2004, the construction schedule for Lynnwood’s OVD street project was 2005. Due to a funding shortfall, Lynnwood delayed the project several times and then later separated it into two phases. Phase 1 improvements covered from 76th Ave W to 178th Pl SW and Phase 2 from 178th Pl SW to 168th St. SW. The City notified the 13 property owners of the funding problems and construction delays in 2005 and again in 2007. SPECIAL CONNECTION FEE: The 13 private properties are in the City of Edmonds and abut OVD within the Phase 1 and 2 project limits. The following two categories of property owners were established based on the type of sewer improvements constructed for each owner. - Category A: 7101, 7109, 7115, 7327 and 7333 OVD and 7530 184th Place SW (see Exhibit 1) Packet Page 208 of 233 - Category B: 17632, 17708, 17626, 17806, 17810, 17910, and the unaddressed property between 17810 and 17910 OVD (see Exhibit 2) Category A properties: The phase 2 OVD improvements installed new sewer laterals from the City of Lynnwood sewer main to the edge of the OVD right of way. The six property owners in this category can now connect to the public sewer system by installing a side sewer on their property from their home to the new sewer lateral constructed by the City. In accordance with ECDC 18.10.010, the proposed Ordinance requires that the connection be made within 60 days of the completion of the OVD phase 2 project. The phase 2 project is expected to be completed in the first quarter of 2010. There is currently one undeveloped property (7530 184th Place SW) in Category A that will have a deferred special connection fee until the property is developed. The ordinance includes a provision to increase the fee for inflation at the time connection is made. In the minutes from the May 2004 Council meeting, Council took the position to impose the 60 day time period per City Code for category A properties, since the property owners would have time to arrange financing before the 2005 construction date. The subsequent delays to the OVD construction schedule provided even more time for the property owners to secure financing. Category B properties: These properties present a different situation than the Category A properties. These properties abut OVD north of 180th Street SW. There is no sewer main (either Edmonds or Lynnwood) in OVD adjacent to these properties. For these seven properties, a manhole and sewer collector stub out was constructed to facilitate a future sewer collector that would serve these properties. Therefore, the Category B properties north of 180th Street SW will not be required to connect to the sewer system within 60 days per ECDC 18.10.010. The special connection fee will be deferred until the future sewer collector (or a portion thereof) is built to allow connection to the sewer system. Connection could occur at the time their septic system fails, they develop their property or they choose to connect for some other reason. The special connection fee paid by the property owners will be increased for inflation at the time of connection. Development of Connection Fee: Council’s direction was to develop and establish a special connection fee that recovered the actual design and construction costs of the sewer improvements. The costs for both Category A and B properties are now known since the sewer improvements are finished. The actual costs and proposed special connection fee for each property owner are shown on Exhibit 3. The proposed special connection fee does not include a construction administrative fee that was paid to Lynnwood as part of the Interlocal Agreement for the OVD project or the administrative time to prepare the ordinance. The construction administration fee was 8.5% of the construction costs and was approximately $200-$350 per property. Other Required Fees: In addition to the special connection fee, the 13 property owners will pay the City’s normal sanitary sewer system connection charge which is currently $730. The City also requires property owners to secure a side sewer permit (currently $95 with inspection cost) to cover staff effort to Packet Page 209 of 233 inspect and document the installation of side sewers on private property. NEXT STEPS: Notification letters were sent to each property owner in December 2009, making them aware of the estimated special connection fee, system connection charge, side sewer permit fee, timeline for connection, monthly City sewer utility charge and notice for the public hearing. Staff has received one response from the property owner at 17626 OVD since the letters were sent. We are aware that a few properties may have changed ownership from the time Council took action in 2004 until now. Staff does not know if the previous owners disclosed information on the special connection fee to the new property owners or not. A public hearing has been scheduled to receive public comment on the proposed ordinance for the January 5th Council Meeting. At the conclusion of the public hearing, Council has the option to concur with Staff’s recommendation and approve the ordinance or continue the discussion and schedule it for approval at a future Council meeting. Fiscal Impact Attachments Link: OVD Ordinance Link: Exhibit 1 Link: Exhibit 2 Link: Exhibit 3 Form Routing/Status Route Seq Inbox Approved By Date Status 1 Engineering Robert English 12/30/2009 11:31 AM APRV 2 Public Works Noel Miller 12/30/2009 11:56 AM APRV 3 City Clerk Sandy Chase 12/30/2009 01:31 PM APRV 4 Mayor Gary Haakenson 12/30/2009 01:32 PM APRV 5 Final Approval Sandy Chase 12/30/2009 01:33 PM APRV Form Started By: Robert English  Started On: 12/29/2009 04:32 PM Final Approval Date: 12/30/2009 Packet Page 210 of 233 P a c k e t P a g e 2 1 1 o f 2 3 3 P a c k e t P a g e 2 1 2 o f 2 3 3 P a c k e t P a g e 2 1 3 o f 2 3 3 P a c k e t P a g e 2 1 4 o f 2 3 3 P a c k e t P a g e 2 1 5 o f 2 3 3 P a c k e t P a g e 2 1 6 o f 2 3 3 P a c k e t P a g e 2 1 7 o f 2 3 3 P a c k e t P a g e 2 1 8 o f 2 3 3 P a c k e t P a g e 2 1 9 o f 2 3 3 P a c k e t P a g e 2 2 0 o f 2 3 3 P a c k e t P a g e 2 2 1 o f 2 3 3 AM-2693 16. City of Edmonds Draft 2010 Legislative Agenda Edmonds City Council Meeting Date:01/05/2010 Submitted By:Stephen Clifton Time:20 Minutes Department:Community Services Type:Action Review Committee: Committee Action: Information Subject Title Discussion and potential action on a proposed City of Edmonds 2010 Legislative Agenda. Recommendation from Mayor and Staff The Mayor and City staff recommend the City Council express support for the attached proposed City of Edmonds 2010 Legislative Agenda. Previous Council Action Narrative The attached proposed 2010 legislative agenda outlines prioritized items which, if approved by the City Council, will serve as a scope of work for Mike Doubleday and staff during the 2010 Washington State legislative session/year. Mr. Doubleday will attend the January 5, 2009 City Council meeting to present an overview of the legislative agenda; a question and answer session will follow. Fiscal Impact Attachments Link: Attachment 1 - City of Edmonds 2010 Legislative Agenda Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 12/22/2009 01:40 PM APRV 2 Mayor Gary Haakenson 12/22/2009 01:41 PM APRV 3 Final Approval Sandy Chase 12/28/2009 10:55 AM APRV Form Started By: Stephen Clifton  Started On: 12/14/2009 04:56 PM Final Approval Date: 12/28/2009 Packet Page 222 of 233   City of Edmonds  2010 State Legislative Agenda    TOP PRIORITY 1. Transportation  Edmonds Crossing and/or Ferry Terminal - Seek state assistance to address Edmonds’ ferry terminal issues, the only ferry terminal in the Washington State Ferry system that interfaces with a heavily used railroad corridor.  Transportation Benefit District (TBD) – Support changes to the TBD statute that clarifies that any City transportation improvement project and/or program contained within a Transportation Plan is eligible for Transportation Benefit District funds. 2. Shell Valley Community Emergency Access Road Funding  Work to secure funding in the supplemental transportation budget to help pay for construction of an emergency access road from the Shell Valley subdivision to Main Street in Edmonds. 3. Phase II Storm Water Funding  Seek additional state funding for cities, including Edmonds, that must meet Phase II storm water requirements. 4. Lake Ballinger  Support Lake Ballinger Watershed Forum’s multi-jurisdictional approach to addressing water quality and drainage issues. 5. Airport Siting  Monitor legislation that seeks to site a new commercial airport in the Puget Sound region. Doubleday 2010 State Leg Agenda Packet Page 223 of 233 SUPPORT ISSUES 1. Reducing Greenhouse Gas Emissions Legislation  Monitor legislation to reduce greenhouse gas emissions through land use regulations. 2. Taping Local Governments Executive Sessions  Monitor legislation requiring local governments to tape executive sessions. 3. Public Records Requests  Support and monitor legislation to provide some relief for cities and other governmental agencies related to public records requests. 4. Aerospace Industry  Support the Washington State Aerospace Partnership and other stakeholder groups in developing a unified strategy to ensure that Washington State remains the leading location in the world for aerospace. 5. Street Utility  Monitor legislation creating a local option street utility for cities, based on per trip charges. 6. Climate Change  Support legislation that collaboratively addresses climate change. 7. Brokered Natural Gas  Monitor legislation that reinstates the ability of cities, like Edmonds, to tax brokered natural gas. 8. Revenue Flexibility  Real Estate Excise Tax (REET) - Support revision to the usage of REET that provides consistency between the 1st and 2nd quarter REET and permit cities to utilize REET for Maintenance and Operational needs related to preserving capital assets.  LEOFF 1 Medical Liability – Seek help from the State Actuary to identify the liability for medical and long-term care costs for LEOFF 1 retirees, by jurisdiction, and pursue options for providing financial assistance to local governments for this liability. Doubleday 2010 State Leg Agenda Packet Page 224 of 233 Doubleday 2010 State Leg Agenda 9. Infrastructure Financing and Transportation General Infrastructure – Continue working with other local jurisdictions to maintain and expand tools to assist cities with infrastructure needs, such as: i. Local Revitalization Financing (LRF), and ii Local Infrastructure Financing Tool (LIFT). Transportation Improvement Board – Maintain or expand existing grant and loan programs such as the Transportation Improvement Board (TIB) and the Public Works Trust Fund. 10. Puget Sound Partnership  Monitor the activities of the Puget Sound Partnership and participate in their discussions about likely region-wide taxing district legislation in 2011 to fund the Partnership Action Agenda. 11. Public Health  Support legislation that provides a predictable, dedicated funding source to County governments to fund public health and provide services to residents of both incorporated and unincorporated areas. The public health system has deteriorated due in part to uncertain funding that has not kept pace with inflation, population growth and the emergence of new health problems.             Packet Page 225 of 233 AM-2691 17. City of Edmonds Website - City Council and Council Member Web Pages Edmonds City Council Meeting Date:01/05/2010 Submitted By:Stephen Clifton Time:20 Minutes Department:Community Services Type:Action Review Committee: Committee Action: Information Subject Title City of Edmonds Website - City Council and Council Member Web Pages. Recommendation from Mayor and Staff When considering the kind of information the City Council wishes to place on City Council and Council member web pages, the Cities of Bellevue and Shoreline provide policies/guidance which would serve the City of Edmonds well, if adopted. Until such time as City staff create a website standards or coordinating committee and further examine policies as they relate to City Council and Council member web pages, the following interim measures are proposed: Content: “All content on the city's web site will be sponsored or co-sponsored by the city or directly linked to the city’s policy objectives or departmental activities. Content will accurately reflect City Council and management policy positions. Political advocacy by individuals or interest groups, including current and former elected officials, is not appropriate material for the City of Edmonds web site.” Links: “Types of sites to which the city does not provide links are: • Candidate sites and sites advocating positions on ballot propositions (See “Fair Campaign Practices” section below) • Individual personal homepages” Fair Campaign Practices: “To avoid the appearance of endorsement of political content, links will not be made to sites that are associated with, sponsored by, or serve a candidate for elected office, any political party or organization supporting or seeking to defeat any candidate for elective office, or any ballot proposal. Links to factual information prepared by the city or other public organizations--such as the King County Voters’ Pamphlet, Municipal League, and League of Women Voters--may be provided as public information.” When considering the kind of information the City Council wishes to place more specifically on City Council member web pages, using an Option 1 format would provide the most consistent information to web users. This option could include the following on each City Council member web page: • City Council name and position number Packet Page 226 of 233 • Contact information • Year elected to the City Council • Number of terms served • Current Council committees and appointments • Former Council assignments? • Regional Representation • Community Service • Employment • Education • Personal factual biographical information (this could include birthplace, marital status, length of residency, children, etc.) If the City Council wishes to expand upon Option 1, then Option 2 could include the above information in addition to general goals of City Council members and address pending issues of note within the Edmonds community. Previous Council Action The City of Edmonds currently uses an access and linkage policy discussed during the 2002 City Council retreat. While the existing policy does not contain specific guidance on what can be placed on the City Council web page or Council members’ web pages, it does provide clarification that the City of Edmonds does not provide web site hosting for the general public, but does provide internet links to the web sites of designated government, non-profit, civic and local organizations that have a recognized relationship with the City of Edmonds. On November 2, 2009, the City Council requested staff bring back policies for an option 2+ that allows for as wide a distribution of information as possible without any campaign or personal material or links. Narrative See attached December 28, 2009 Staff Report. Fiscal Impact Attachments Link: Staff Report for January 5, 2009 City Council meeting Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 12/29/2009 01:33 PM APRV 2 Mayor Gary Haakenson 12/29/2009 01:35 PM APRV 3 Final Approval Sandy Chase 12/29/2009 04:21 PM APRV Form Started By: Stephen Clifton  Started On: 12/14/2009 11:18 AM Final Approval Date: 12/29/2009 Packet Page 227 of 233 City of Edmonds Community Services Department Economic Development Department Date: December 28, 2009 To: Mayor Haakenson and Edmonds City Council From: Stephen Clifton, AICP Community Services and Economic Development Director Subject: Edmonds City Council and Council Member Web Pages Updated report and recommendations Background Over the past several months, City staff have been updating City of Edmonds website web pages in an attempt to provide more effective and useful information to website visitors. Although the City does not employ a Webmaster, the City does utilize the services of a contractor to assist with website maintenance. As such, the responsibility for updating web pages and formatting rest with existing City staff. Website development is ever evolving and is a product of numerous contributions by individuals throughout the City and increasing the accessibility of information contained within the City’s website is a primary goal of City Administration. At the request of Council President Wilson, City Council web pages have been an area where City staff have focused our efforts. As such, visitors to the City’s website can now find an updated City Council web page http://www.ci.edmonds.wa.us/cityCouncil.stm. On this web page, visitors can find information about the Council’s adopted 2009 sustainability agenda, meeting schedule, general contact information, and associated web links to individual Council member web pages (Attachment 1). As stated in Scott Snyder’s September 3, 2009 memorandum to the City Council, given the flurry of e-mails recently regarding the website (City Council web pages), and the indication that the City Council wishes to review the use of Council biographical material in light of these e-mails, he prepared comments for consideration by the City Council (see Attachment 2). According to the memorandum, the Council has a number of options with regard to the website. These include: 1) listing names, dates, places and basic factual biographical information with no statements of philosophy or references to pending legislative issues, 2) permit each Councilmember to state his or her general philosophy and address pending issues of note in the Edmonds community, and/or 3) a limited forum approach for Council consideration. This approach would place the photographs and voters’ pamphlet information on the City website to provide the public with information relating to the candidates for public office and other issues on the Edmonds ballot. A link could be provided to each {ERZ706668.DOC;1/00006.080057/}City of Edmonds  Community Services and Economic Development Packet Page 228 of 233 candidate’s website where additional information could be obtained. This would provide information in a neutral fashion to Edmonds voters in a controlled format without opening the City’s website as an open public forum. In a September 22, 2009, Washington State Public Disclosure Commission decision, the Public Disclosure Commission stated the RCW 42.17.130 does not prohibit elected officials from communicating with the public concerning the issues they are working on and their goals while in office. It is important, however, that this type of communication not be used to campaign for re-election, and it would be prudent to establish standards for what is expected on a biography page of the City’s website. City Council and City Council member web pages policies The City of Edmonds does not currently have policies specifically related to the content of City Council or Council member web pages. As such, City of Edmonds staff contacted many cities to request information about website policies and viewed the websites of these cities to see what is actually on their individual City Council member web pages. City Council web pages As noted above, City of Edmonds staff contacted several cities to request policies related to posting information on City Council web pages in addition to contacting Municipal Research Services Corporation. We received responses from the cities of Bellevue, Kent, Federal Way, Everett, Kirkland, Lynnwood, Mukilteo, Redmond, Renton and Shoreline. Only the Cities of Bellevue and Shoreline contained references related to City Council information; these include the following: Bellevue: Content: “All content on the city's web site will be sponsored or co-sponsored by the city or directly linked to the city’s policy objectives or departmental activities. Content will accurately reflect City Council and management policy positions. Political advocacy by individuals or interest groups, including current and former elected officials, is not appropriate material for the City of Bellevue web site.” Links: “Types of sites to which the city does not provide links are:  Candidate sites and sites advocating positions on ballot propositions (See “Fair Campaign Practices” section below)  Individual personal homepages” Fair Campaign Practices: “To avoid the appearance of endorsement of political content, links will not be made to sites that are associated with, sponsored by, or serve a candidate for elected office, any political party or organization supporting or seeking to defeat any candidate for elective office, or any ballot proposal. Links to factual information prepared by the city or other public organizations--such as the King County Voters’ Pamphlet, Municipal League, and League of Women Voters--may be provided as public information.” Shoreline: Links: “The City does not provide links to:  Sites associated with, sponsored by or serving a candidate for elected office  Sites supporting, endorsing or seeking to defeat any candidate for elective office, or any ballot proposal  Individual personal homepages” {ERZ706668.DOC;1/00006.080057/}2 Packet Page 229 of 233 City staff also reviewed the Council web pages for Snohomish County http://www1.co.snohomish.wa.us/Departments/Council/, King County http://www.kingcounty.gov/council.aspx, and other web sites. Posted on these websites is information related to council member press releases, news, hot topics and other issues of significance to the County or City Councils. City Council member web pages City staff have also compared existing Edmonds City Council member web pages with examples from ten cities within the Puget Sound region, i.e., Bellevue, Kent, Federal Way, Everett, Kirkland, Lynnwood, Mukilteo, Redmond, Renton and Shoreline. See Attachment 3 for examples of these web pages. Based on our review, City of Edmonds Council member web pages align most closely with Option 1 above, i.e., names, dates, committee assignments, places and basic factual biographical information with limited philosophical narrative or references to pending legislative issues. This is also the case with eight of the ten cities reviewed. The Cities of Renton and Lynnwood included statements that could, to a minor extent, be interpreted to relate to both Options 1 and 2. None of the ten cities provide information related to Option 3. City staff also reviewed Council member web pages for Snohomish County, e.g., http://www1.co.snohomish.wa.us/Departments/Council/Districts/District_4/, and King County, e.g., http://www.kingcounty.gov/Gossett.aspx, and other City web sites. Information that has been posted on these web pages relates to news, e-newsletters, links to newspaper articles (e.g., editorials), and other issues of significance to County Council members. City of Edmonds website access and linkage policy The City of Edmonds currently uses an access and linkage policy discussed during the 2002 City Council retreat. While the existing policy does not contain specific guidance on what can be placed on the City Council or Council members’ web pages, it does provide clarification that the City of Edmonds does not provide web site hosting for the general public, but does provide internet links to the web sites of designated government, non- profit, civic and local organizations that have a recognized relationship with the City of Edmonds. November 2, 2009 City Council motion. As referenced within October 29, 2009 staff report, City staff are in the process of updating City website web pages in an attempt to provide more effective and useful information to website visitors. City staff is also discussing creating website standards or coordinating committee to create, maintain, and monitor information placed on the City’s website. As such, City staff expects to address this issue further when a committee is formed. During the November 2, 2009 City Council meeting, the City Council voted 5-2, to ask staff to bring back policies for an option 2+ that allows for a wide a distribution of information as possible without any campaign or personal material or links. As mentioned earlier, Council and Council member web pages for Snohomish and King Counties and other web sites, including the City of Renton http://www.rentonwa.gov/government/default.aspx?id=1082, offer examples of the kinds of information and/or links related to news, hot topics and other {ERZ706668.DOC;1/00006.080057/}3 Packet Page 230 of 233 issues of significance that could meet the intent of the Edmonds City Council request to provide a wide distribution of information as possible. When considering the kind of information the City Council wishes to place on City Council and Council member web pages, although the Cities of Bellevue and Shoreline provide policies/guidance which could serve the City of Edmonds well if adopted. The request by the Edmonds City Council to broaden the kinds of information that could be posted to the City Council and Council member web pages, the following policies are proposed for the City Council web page: City Council webpage – allowed content:  Information sponsored or co-sponsored by the city council or directly linked to city policy objectives  Information that accurately reflects City Council policy positions  Broad based items of significance, e.g., Council Hot Topics and/or News  Links to factual information prepared by the city or other public organizations o Examples include: Snohomish County or Washington State Voters’ Pamphlets, Municipal League, and League of Women Voters as public information.  Links to newspaper or magazine articles about Edmonds (see exceptions regarding political advocacy)  Governmental and public educational institutions located within the State of Washington  Links to local organizations having a recognized relationship with the City of Edmonds or with which the City of Edmonds partners in order to provide services, including but not limited to the Edmonds Chamber of Commerce, Port of Edmonds, and Stevens Hospital  Links to local cultural, artistic, civic or non-profit recreational organizations having either a recognized relationship with the City of Edmonds or specific and direct relevance to City residents City Council webpage - content not allowed:  Political advocacy  Links to sites that are associated with, sponsored by, or serve a candidate for elected office, any political party or organization supporting or seeking to defeat any candidate for elective office (to avoid the appearance of endorsing political content)  Links to sites advocating positions on ballot propositions o RCW 41.06.250; RCW 42.130; RCW 41.17.190  Links to personal homepages When considering the kind of information the City Council wishes to place on City Council member web pages, using an Option 1 format would provide the most consistent information to web users. However, in light of the November 2, 2009 City Council motion to propose policies for an Option 2+ that allows for a wide a distribution of information as possible without any campaign or personal material or links, the following policies are proposed for each Council member’s web page: Allowed content:  City Council name and position number  Contact information {ERZ706668.DOC;1/00006.080057/}4 Packet Page 231 of 233 {ERZ706668.DOC;1/00006.080057/}5  Year elected to the City Council  Number of terms served  Current Council committees and appointments  Former Council committees and assignments  Regional Representation  Links to E-Newsletters (see content not allowed below)  Links to news related to City Council member activities (see content not allowed below)  Links to newspaper articles, op-ed pieces, editorials, or opinions written by a City Council member (see content not allowed below)  Community Service (optional)  Employment (optional)  Education (optional)  Personal factual biographical information, e.g., birthplace, marital status, length of residency, children, etc. (optional) Content not allowed:  Political advocacy  Comments that endorse or oppose political candidates or ballot propositions  Links to sites that endorse or oppose ballot propositions  Links to sites that are associated with, sponsored by, or serve a candidate for elected office, any political party or organization supporting or seeking to defeat any candidate for elective office, including a Council member’s campaign site NOTE: Maintains the appearance of not endorsing political content (RCW 41.06.250; RCW 42.17.130; RCW 42.17.190)  Promotion or advertising of commercial services, entities, or products  Links to personal homepages Although the City Council did not specifically address the use of Social Media by City Council members, because City elected officials do currently use twitter and facebook, in addition to blogging, city staff reviewed draft policies being considered by the City of Seattle as it relates to use of social media by council members, and spoke to City of Seattle Staff regarding these policies. Based on our review of these policies, the following are Social Media related policies the City Council could consider adopting:  Council member’s social media site(s) should contain links directing users back to the Council’s official website for in-depth information, forms, documents or online services necessary to conduct official City business.  Social media tools are not to be used as mechanisms for conducting official city business other than to informally communicate with the public. Examples of business that may not be conducted through social media include making policy decisions, official public noticing, and discussing items of legal or fiscal significance that has not previously been released to the public by the City. Packet Page 232 of 233 AM-2702 18. Presentation of Resolution Thanking Councilmember DJ Wilson Edmonds City Council Meeting Date:01/05/2010 Submitted By:Jana Spellman Time:5 Minutes Department:City Council Type:Information Review Committee: Committee Action: Information Subject Title Presentation of Resolution thanking Councilmember DJ Wilson for his service as Council President. Recommendation from Mayor and Staff Previous Council Action Narrative Presentation of Resolution thanking Councilmember DJ Wilson for his service as Council President. Fiscal Impact Attachments No file(s) attached. Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 12/29/2009 02:46 PM APRV 2 Mayor Gary Haakenson 12/29/2009 02:56 PM APRV 3 Final Approval Sandy Chase 12/29/2009 04:21 PM APRV Form Started By: Jana Spellman  Started On: 12/29/2009 02:28 PM Final Approval Date: 12/29/2009 Packet Page 233 of 233