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2008.10.07 CC Agenda Packet              AGENDA Edmonds City Council Council Chambers, Public Safety Complex 250 5th Ave. North, Edmonds ______________________________________________________________ October 7, 2008 7:00 p.m.   Call to Order and Flag Salute 1. Approval of Agenda   2. Approval of Consent Agenda Items   A. Roll Call   B. AM-1827 Approval of City Council Meeting Minutes of September 30, 2008.   C. AM-1826 Approval of claim checks #107059, 107060 and 107172 through #107346 for October 2, 2008 in the amount of $727,950.88.  Approval of payroll direct deposit and checks #47312 through #47359 for the period of September 16, 2008 through September 30, 2008 in the amount of $863,442.69.   D. AM-1815 Acknowledge receipt of Claim for Damages from Sydney Allrud ($750,000.00).   E. AM-1819 Approval of list of businesses applying for renewal of their liquor licenses with the Washington State Liquor Control Board, September 2008.   F. AM-1816 Authorization for the Mayor to sign Supplement No. 1 to the Building Use Agreement with the Greater Edmonds Chamber of Commerce. This consent agenda item has not been reviewed by a Council Committee.   G. AM-1824 Authorization to advertise a Request for Qualifications (RFQ) to update the Water Comprehensive Plan. This consent agenda item has not been reviewed by a Council Committee.   H. AM-1825 Authorization to advertise a Request for Qualifications to prepare an infiltration and inflow study on the sewer system. This consent agenda item has not been reviewed by a Council Committee.   I. AM-1821 Approval of payment in the amount of $11,923.03 to Landau Associates for environmental assessment of the Old Milltown courtyard site from the Council Contingency Fund. This consent agenda item has not been reviewed by a Council Committee.   J. AM-1810 Proposed Interlocal Agreement - Consortium for Negotiation of Comcast Cable Television Franchising, and Agreement with River Oaks Communications Corporation.   3. AM-1828 (5 Minutes) Proclamation in honor of Domestic Violence Awareness Month, October 2008.   4. AM-1818 (45 Minutes) Public Hearing on Edmonds City Code Chapter 6, Nuisance Regulations Amendments.   Packet Page 1 of 173 5.Audience Comments (3 minute limit per person)* *Regarding matters not listed on the Agenda as Closed Record Review or as Public Hearings.   6. AM-1820 (30 Minutes) Discussion and potential action regarding the South County Senior Center Lease and Recreation Services Agreement.   7. AM-1822 (60 Minutes) Workshop on the 2009-2010 Preliminary Budget.   8. (5 Minutes)Mayor's Comments   9. (15 Minutes)Council Comments   Adjourn   Packet Page 2 of 173 AM-1827 2.B. Approval of Draft 09-30-08 City Council Minutes Edmonds City Council Meeting Date:10/07/2008 Submitted By:Sandy Chase Time:Consent Department:City Clerk's Office Type:Action Review Committee: Action: Information Subject Title Approval of City Council Meeting Minutes of September 30, 2008. 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: 09-30-08 Draft City Council Minutes Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 10/02/2008 12:53 PM APRV 2 Mayor Gary Haakenson 10/02/2008 02:39 PM APRV 3 Final Approval Sandy Chase 10/02/2008 02:45 PM APRV Form Started By: Sandy Chase  Started On: 10/02/2008 12:52 PM Final Approval Date: 10/02/2008 Packet Page 3 of 173 Edmonds City Council Draft Minutes September 30, 2008 Page 1 EDMONDS CITY COUNCIL DRAFT MINUTES September 30, 2008 The Edmonds City Council meeting was called to order at 7:00 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 Michael Plunkett, Council President Peggy Pritchard Olson, Councilmember Steve Bernheim, Councilmember D. J. Wilson, Councilmember Deanna Dawson, Councilmember Dave Orvis, Councilmember Ron Wambolt, Councilmember ALSO PRESENT Leif Warren, Student Representative STAFF PRESENT Al Compaan, Police Chief Gerry Gannon, Assistant Police Chief Noel Miller, Public Works Director Kathleen Junglov, Finance Director Sandy Chase, City Clerk Jana Spellman, Senior Executive Council Asst. Jeannie Dines, Recorder 1. APPROVAL OF AGENDA COUNCILMEMBER WAMBOLT MOVED, SECONDED BY COUNCILMEMBER OLSON, TO APPROVE THE AGENDA IN CONTENT AND ORDER. MOTION CARRIED UNANIMOUSLY. 2. CONSENT AGENDA ITEMS COUNCILMEMBER WAMBOLT MOVED, SECONDED BY COUNCILMEMBER OLSON, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: A. ROLL CALL B. APPROVAL OF CITY COUNCIL MEETING MINUTES OF SEPTEMBER 23, 2008. C. APPROVAL OF CLAIM CHECK #107058 AND CLAIM CHECKS #107061 THROUGH #107171 IN THE AMOUNT OF $564,776.16 FOR SEPTEMBER 25, 2008. 3. PUBLIC SERVICE ANNOUNCEMENT - LEAGUE OF WOMEN VOTERS FORUM ON CLIMATE CHANGE Janet Chalupnick, League of Women Voters, invited the public to a free forum, “Climate Change, Do Take It Personally.” The League is holding this forum on October 18 in the Black Box Theater located in the Mukilteo Building on the Edmonds Community College campus from 9:00 a.m. to 12:30 p.m. She explained the emphasis of the forum would be on what individual citizens could do regarding climate change, and what they could ask of their leaders. The City of Edmonds is a co-sponsor. She distributed a flyer with details regarding the forum and a list of co-sponsors. Packet Page 4 of 173 Edmonds City Council Draft Minutes September 30, 2008 Page 2 Ms. Chalupnick explained the League of Women Voters was a non-partisan organization dedicated to making democracy work through the informed and active participation of citizens in government. 4. AUDIENCE COMMENTS There were no members of the audience who wished to address the Council. 5. PRESENTATION OF THE 2009-2010 PRELIMINARY BUDGET Mayor Haakenson stated this is the most important budget message he has delivered as well as the most difficult budget process that he has been a part of since his involvement in city government that began in 1996. He recalled when he was first elected mayor in November 1999, his election shared the newspaper headlines with Tim Eyman. Mr. Eyman had burst onto the scene with an anti-tax mentality and he was intending to be the savior to all Washington State taxpayers. His message resonated with taxpayers that evening and from that moment on, taxpayers saved money and cities began a steady loss of revenue that would take almost a decade to come to a head. The Mayor acknowledged the City has now arrived at that point. The loss of state revenue due to the various initiatives, and the implementation of the 1% limitation on property tax revenues are well documented. The City of Edmonds didn’t stand idly by and wait for doomsday; tough decisions were made in the early 2000’s which included removing the Sno-Isle library annual payments from the general fund by annexing into their district; the City went line by line in every department and cut millions of dollars from budgets that included layoffs and elimination of most travel and training expenses; and the City began to operate in such a lean manner that in subsequent budget years, there was nothing left to cut. In the following years, the City continued to do things that kept the general fund balanced. The City never recovered the lost supplies, travel or training; expenses have been kept in line and the City worked hard to increase revenues. Mayor Haakenson stated the City cannot continue to offer the services that historically have been offered to citizens without new revenues. Over the past 7 or 8 years the City has been creative and lucky with revenue streams, allowing the City to reach 2008 in sound financial shape. But now, tough calls have to be made. Mayor Haakenson pointed out the City has set a baseline of yearly ending cash of one million dollars and noted as a reference point the generally accepted financial threshold would be $3 million for a city the size of Edmonds. Dipping below that line suggests trouble. He also noted the initial draft budget numbers showed millions of dollars in red ink. However, the draft budget being presented this evening shows positive cash flow for both 2009 and 2010 due to the infusion of new revenue streams. Throughout 2007, he and staff went through an exercise about how to do business in the future, how to streamline operations and how to cut $500,000 out of the general fund. Since that time, he has chosen not to fill the Economic Development Director position with a full time employee, he has not replaced the Administrative Services Director and there are several vacant staff positions that will not be filled. With 2009 retirements will come additional opportunities for savings by not filling positions. While saving payroll dollars by not filling positions, the workload of existing employees is increased and burnout rate is increased as well. Historically City employees have been asked to do more than other cities. They are stretched too thin. He reminded Council that there are two different labor forces at work in the City. While total number of employees varies from month to month, typically there are around 270 employees working at any one time. He noted that number is only about 10-12 more than 10 years ago. Of those 270 workers, 227 or 84% are union employees. All labor contracts for these employees are Packet Page 5 of 173 Edmonds City Council Draft Minutes September 30, 2008 Page 3 approved by City Council action. They are not affected by wage freezes. That leaves 16% of the employee base that has no union representation and is the bulk of the management team. The Council also sets their wage scale each year. This employee group has had their merit increases frozen. He noted this is a symbolic action because of the smaller wage base of only 16% of the work force. He commented that the budget will never be balanced on the backs of these 43 employees. Over the past year and a half, several organizational changes have been made that are logical but involved some cost savings as well. Many were a result of the 2007 staff study. Many reporting relationships have changed with the departure of management staff. Mayor Haakenson stated earlier this year he asked staff to hold the line on spending the balance of 2008 budget dollars and to not fill any open positions without making the case to him first. Staff has been mindful of the fragile state of City finances. Looking into the future, he stated it is clear that the City will not be able to operate with the number of employees that exist even today. The City must become dependent on technology to lead it into the future. Computers don’t require cost of living increases or ever increasing health benefit packages. The City needs to allow for residents to do business with the city online; receive and pay utility bills online; file building permits and pay for them online; obtain city licenses online; as well as what is currently done online with giving citizens the ability to select and pay for recreation classes online and be able to do all their correspondence with city employees online. The City’s website is sorely lacking in customer service capabilities and it needs upgrading to facilitate becoming the interface between citizens and city employees. In order to make that happen in the future, Mayor Haakenson stated he has added 3 positions to the IT department budget. The work that needs to happen to make the City more dependent on the web can be accomplished with these additions. Mayor Haakenson pointed out salaries and benefits make up 71% of the general fund budget. If anyone is interested in reducing expenses, they clearly have to do it by reducing staffing. He noted any reduction in staffing will have a corresponding loss in services provided to residents. The amount of property taxes collected by the City from residences falls short of paying for the most basic services, that of police, fire and courts. The current rate of collections totals $14 million and the budgeted amount for providing public safety services is $18 million, leaving the City $4 million short of covering just Public Safety before even attempting to fund other departments. Mayor Haakenson reminded taxpayers that only about 21% of their property tax bill comes to the City of Edmonds to pay for residents services. While appreciating the significant amount of tax dollars that are assessed on Edmonds residents, he stated the City doesn’t receive the amount needed to provide the service levels that citizens expect. When the reduced revenue streams received by the city are mixed with a bad economy, you get a recipe for disaster (a perfect storm). The already reduced revenues are hit harder with sales tax, the second largest revenue producer in the budget, dropping by a large percentage. The taxpayers are paying higher gas prices, higher food prices, houses are not selling, stocks are dropping and there is no end in sight. These are the toughest economic times to face this Council while any of the members have been in office. Mayor Haakenson stated there are two choices, increase revenues or cut expenses. He noted this sounds simple until you actually sit down and try to do it. He stressed that there is no way to cut more from the budget unless the Council is willing to cut services. This budget was built with the assumption that Council would like to keep the service levels that are offered today or actually increase those levels. He Packet Page 6 of 173 Edmonds City Council Draft Minutes September 30, 2008 Page 4 added that Council has gone on record as prioritizing Public Safety as its number one priority. If Council is inclined to make budget cuts, he asked for the Council’s wisdom as to where they might be made. Mayor Haakenson stated this budget contains conservative revenue projections and realistic expense estimates. With regard to revenue decisions, Mayor Haakenson stated he asked the Development Services Department to increase fees for services to not only be comparable to other cities but to also take steps to becoming a self supporting fund. This department should be paid for services rendered. The general fund should not be subsidizing permit fees. He commented that taxpayers who are not applying for permits shouldn’t be subsidizing those who do. With the changes that have been made in the provision of services in Building, Planning and Engineering, he believes review times can be decreased. If staff is needed to accomplish this, then the added cost will be reflected in the permit fees. Those who use should pay for the service but should expect reasonable turn around times as well. Some of the Parks and Recreation Department’s programs are also self supporting but unlike Development Services, they are in competition with other providers. Their customers can swim or take classes at other cities’ facilities so they have to be mindful of their prices. Although, he requested that their fees be reviewed to be sure they are up to current rates. Mayor Haakenson stated he has proposed an increase in business license fees. They have not been adjusted in many years and the current cost doesn’t even cover the expense of staff time to process them. City Utility taxes have been increased to 10% which will impact the average residential bill by $26 annually. Cable TV utility tax has been increased to 6% and the annual impact of that increase would be $60 a year. With an approval of a Transportation Benefit District (TBD) to accomplish many of the City’s transportation projects, it would be possible to eliminate the transfer of general fund dollars to those projects freeing up that money for general fund purposes. This could be put into place immediately for $20 or Council could go to the voters with a plan in place to ask for a larger amount. At both City Council retreats earlier this year, one of the items that he said would be brought back to Council for consideration this year is the matter of insurance reimbursement for aid car transports to the hospital. Mayor Haakenson commented that it costs the taxpayers nothing and benefits them by adding hundreds of thousands of dollars to the City’s general fund. He stated that he previously asked the Council to revisit the issue of gambling in the city. The revenues associated with gambling are a minimum of $500,000 and that would go a long way to balancing a budget. There are no known detrimental effects to the community from a policing standpoint and realistically many Edmonds residents are crossing Highway 99 to spend their money in Mountlake Terrace casinos. Once again, Council said no to gambling in the city so he will say no more about it. Mayor Haakenson stated he has not included revenue options such as a B&O Tax, a voter approved increase in electric, gas, phone or solid waste taxes, a general property tax levy lid lift or the additional dollars that would be collected from a voter approved TBD. He stated that what has been suggested for revenue options so far are necessary to keep the City afloat through 2009. For 2010 he suggests, and included in the budget, the creation of a Regional Fire Authority (RFA). The ability to create such an organization has come recently from the State Legislature and a couple have been created in the State already. In its most simplistic form a RFA creates one large Packet Page 7 of 173 Edmonds City Council Draft Minutes September 30, 2008 Page 5 fire department for south Snohomish County. That combination allows for many economies of scale. There will not be a need for five ladder trucks, or seven fire chiefs, or 7 to 14 administrative staff members. In Edmonds, citizens would still be served by the City’s current firefighters in the same fire trucks, aid and Medic 7 vans. The cost to provide Fire service will never go down but a RFA could slow the growth in those costs. If a RFA is created, it still has to be approved by a vote of the people. There are two pros and cons to this idea. The pro is that, if approved by the voters, the City would no longer be in the business of providing fire service to the city. The costs and revenues associated with the Fire Department would transfer to the RFA. That would free up several million dollars in the city’s general fund to help pay for services that will likely be cut if we don’t find another solution. The con is that the RFA will be paid for by the taxpayers from their property tax bills much like the Sno-Isle Library is now. So citizens’ tax bills will go up but citizens will also keep the services that are on the chopping block. Mayor Haakenson commented the reverse holds true as well. If the RFA is rejected and no new revenues appear then the City is facing millions of dollars in program cuts. Or, the voters will be asked to approve a levy lid lift which will have the same effect as the RFA - increased taxes. One way or another, in order to keep today’s service levels, taxpayers will have to pay more. He stressed that the revenue streams that have been outlined will only balance the budget if implemented in 2009. If the City waits another year or longer, severe budget cuts will be needed to survive. There are only two choices, increase revenues or cut services. In looking at surrounding cities’ property tax burden, Mayor Haakenson noted that King County residents pay far more than their counterparts in Snohomish County. And within the County, the City of Edmonds pays $222 per capita in tax levies. Woodway, Everett, Mill Creek and Marysville pay more than Edmonds. Mukilteo, Lynnwood and Brier pay less. In addition to Edmonds’ lower level of property tax collections as previously compared with other cities, Edmonds’ sales tax revenues have not kept pace with other cities over the years either. Edmonds is a city that has not annexed available commercial land when the opportunity may have presented itself in the 70’s and 80’s. It is a city that hasn’t embraced commercial and economic development for a variety of reasons. Mayor Haakenson next stated that he has been an outspoken supporter of keeping the Senior Center at its present location. He also noted that the Senior Center building is in need of replacement, and the City does not have the money to replace it. He reported that over the past few months he has been negotiating with a developer to solve the problem. The developer has indicated that he will demolish the old center and build a new one at the same site for free. The catch is that the City would need to grant air rights to the developer to build one floor of condos on top of the two story senior center. The proposed new building would not be as tall as the existing condominiums next door. The builder is willing to covenant that only seniors will be eligible to buy the condos and that Senior Center members will have the first opportunity to buy the new units. He urged Council to give the proposal serious consideration. Mayor Haakenson summarized that the proposed budget will retain City services at their present levels. In order to accomplish this, the Council will need to approve the proposed new revenue streams in order to balance this budget. Should Council decide that a particular revenue source isn’t “your cup of tea,” then Council should propose a suitable revenue replacement or a suitable budget cut. He thanked Councilmembers Wambolt and Wilson who served on the budget review team as Council representatives this year. Packet Page 8 of 173 Edmonds City Council Draft Minutes September 30, 2008 Page 6 In order to give the Council more time to deliberate on the budget, Mayor Haakenson stated he chose to give the budget message a month earlier than in the past. He and staff members will be available at next Tuesday’s budget workshop to answer questions. He invited Council to email him or staff with any questions. City Clerk Sandy Chase distributed budget books to the Council. 6. MAYOR'S COMMENTS Mayor Haakenson had no report. 7. COUNCIL COMMENTS Council President Plunkett explained the Council typically did not ask questions regarding the budget the same night that it is presented. A budget workshop is scheduled during next Tuesday’s Council meeting when all staff members will be present and a public hearing is scheduled on October 21. Additional meetings, workshops and/or public hearing may be scheduled in November. He assured this was the beginning of the budget process and the Council looked forward to hearing from the public and staff. Councilmember Bernheim expressed his appreciation for the additional time to review the budget in these belt-tightening times. He encouraged the public to provide constructive ideas for increasing revenues to the extent necessary and decreasing expenses to the extent reasonably possible while continuing to provide City services. He encouraged the public to email him at Council@SteveBernheim.com. Councilmember Bernheim noted the objective of I-695 was to reduce the tax burden on the public which was accomplished. The corollary is either services are cut eventually or the taxes must be restored to some extent. The degree to which the public was taxed was a factor in determining whether taxes were reasonably low or unreasonably high. He offered to provide information during upcoming budget discussions regarding per capita tax burdens via staff and or other experts in an effort to explain taxes in the context of real data. With regard to personnel, he observed the message was that the City needed to maintain adequate staffing and to consider those costs which admittedly are high because nearly all local government is staff-related. He noted the percentage of the total budget represented by salaries and benefits was increasing. With regard to economic development, Councilmember Bernheim noted Mayor Haakenson’s budget message included an idea for waterfront development, agreeing it was important to consider what could be done with public property. He noted the concept of condominiums on top of a new senior center was an interesting possibility and he looked forward to discussing that at an appropriate time, noting it may not be a budget issue. He commented that same approach could be a possibility in the Antique Mall area if the owners elected to sell to the City at a reasonable price, particularly condominiums on the east side of the tracks and restoration of the beach and park area or otherwise enhancing the senior center. He supported connecting the Senior Center to the Antique Mall area. Next, Councilmember Bernheim referred to Mayor Haakenson’s comments regarding a Regional Fire Authority (RFA), pointing out citizens would pay for a RFA via their tax statement and the funds in the City’s budget that were currently allocated to fire and EMS services could be used to fund other City services. He summarized the formation of a RFA and taking the Fire Department out of the City’s budget would not save taxpayers any money. Packet Page 9 of 173 Edmonds City Council Draft Minutes September 30, 2008 Page 7 Councilmember Bernheim next referred to a statement in a book he borrowed from the Senior Center Lending Library, “Put Out More Flags,” regarding a family in the early days of WWII, “No petrol now for gadding about.” He observed the City was not at that point but in the nine months he had been on the City Council, he regretted that he had not addressed the main reason he sought office which was to help the public understand there was “no petrol now for gadding about” and it was becoming an emergency situation. Councilmember Dawson reported the numbers from Sales Tax Sourcing (STS) were different than anticipated; they were abysmal. Based on current numbers, STS funds collected by Snohomish County are anticipated to be $4 million less than projected. She noted the actual numbers would not be in until November but it appeared collections would be half of the amount projected. She complimented City staff for being very conservative in their projections. She noted communities that anticipated they would lose a great deal may be pleasantly surprised that STS has not made much difference. She noted some of the less-than-anticipated collections were related to the economy; it also may be that some improper assumptions were made. She looked forward to further productive discussions regarding the budget in the coming weeks. Student Representative Warren expressed support for the proposal to rebuild the Senior Center. He asked where senior activities would be held in the interim. Mayor Haakenson assured a suitable interim location would be identified if it reached that point. COUNCILMEMBER BERNHEIM MOVED, SECONDED BY COUNCILMEMBER WILSON, TO EXCUSE COUNCILMEMBER DAWSON FROM THE SEPTEMBER 23 MEETING. MOTION CARRIED (6-0-1), COUNCILMEMBER DAWSON ABSTAINED. 8. ADJOURN With no further business, the Council meeting was adjourned at 7:37 p.m. Packet Page 10 of 173 AM-1826 2.C. Approval of Claim Checks and Payroll Direct Deposits and Checks Edmonds City Council Meeting Date:10/07/2008 Submitted By:Debbie Karber Submitted For:Kathleen Junglov Time:Consent Department:Administrative Services Type:Action Review Committee: Action:Approved for Consent Agenda Information Subject Title Approval of claim checks #107059, 107060 and 107172 through #107346 for October 2, 2008 in the amount of $727,950.88. Approval of payroll direct deposit and checks #47312 through #47359 for the period of September 16, 2008 through September 30, 2008 in the amount of $863,442.69. Recommendation from Mayor and Staff Approval of claim checks and payroll direct deposits 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:2008 Revenue: Expenditure:$1,591,393.57 Fiscal Impact: Claims: $727,950.88 Payroll: $863,442.69 Attachments Link: Claim cks 10-2-08 Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 10/02/2008 12:50 PM APRV 2 Mayor Gary Haakenson 10/02/2008 02:39 PM APRV 3 Final Approval Sandy Chase 10/02/2008 02:45 PM APRV Packet Page 11 of 173 Form Started By: Debbie Karber  Started On: 10/02/2008 11:30 AM Final Approval Date: 10/02/2008 Packet Page 12 of 173 10/02/2008 Voucher List City of Edmonds 1 11:25:17AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 107059 9/22/2008 064640 DMCMA 092308 COURT STAFF TRAINING COURT STAFF TRAINING 001.000.230.512.500.430.00 300.00 Total :300.00 107060 9/22/2008 064640 DMCMA 102608 MANAGER'S CONFERENCE REGISTRATION MANAGER'S CONFERENCE REGISTRATION 001.000.230.512.500.490.00 198.00 Total :198.00 107172 9/25/2008 072465 FLIN, ANGELINA FLINN0923 DAMAGE DEPOSIT REFUND REFUND OF DAMAGE DEPOSIT FOR PLAZA ROOM 001.000.000.239.200.000.00 500.00 Total :500.00 107173 10/2/2008 072470 ACITO, MARC ACITO1005 WRITE ON THE SOUND PRESENTER LAUGHING MATTERS~ 117.100.640.573.100.410.00 307.00 Total :307.00 107174 10/2/2008 072471 AGIEWICH, REBECCA AGIEWICH1005 WRITE ON THE SOUND PRESENTER BLOGGING 101 FOR WRITERS~ 117.100.640.573.100.410.00 145.00 Total :145.00 107175 10/2/2008 068901 ALL THE KING'S FLAGS 38481 FLAG FOR CEMETERY 5' x 8' NYLON FLAG 130.000.640.536.500.310.00 48.50 Sales Tax 130.000.640.536.500.310.00 4.37 Total :52.87 107176 10/2/2008 001375 AMERICAN PLANNING ASSOCIATION 035353-080907 APA Membership-Chave 1/1/09 to 12/31/09 APA Membership-Chave 1/1/09 to 12/31/09 001.000.620.558.600.490.00 563.00 1Page: Packet Page 13 of 173 10/02/2008 Voucher List City of Edmonds 2 11:25:17AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 107176 10/2/2008 (Continued)001375 AMERICAN PLANNING ASSOCIATION APA PAS/Zoning Subscription040706-080907 APA PAS/Zoning Subscription 001.000.620.558.600.490.00 820.00 APA Membership- Gina Coccia 1/1 to162458-080907 APA Membership- Gina Coccia 1/1 to 001.000.620.558.600.490.00 255.00 Total :1,638.00 107177 10/2/2008 065378 APPLIED INDUSTRIAL TECH 04030055 FLEET - RETURNED SPHERICAL ROLLER - FLEET - RETURNED SPHERICAL ROLLER - 511.000.657.548.680.310.00 -472.68 Sales Tax 511.000.657.548.680.310.00 -46.74 FLEET - SPHERICAL ROLLER - RETURNED -40340168 FLEET - SPHERICAL ROLLER - RETURNED - 511.000.657.548.680.310.00 525.20 Freight 511.000.657.548.680.310.00 49.52 Sales Tax 511.000.657.548.680.310.00 51.15 Total :106.45 107178 10/2/2008 069751 ARAMARK 655-3872292 UNIFORM SERVICES PARK MAINTENANCE UNIFORM SERVICES 001.000.640.576.800.240.00 34.04 Sales Tax 001.000.640.576.800.240.00 3.03 Total :37.07 107179 10/2/2008 069751 ARAMARK 655-3865399 PW MATS 2Page: Packet Page 14 of 173 10/02/2008 Voucher List City of Edmonds 3 11:25:17AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 107179 10/2/2008 (Continued)069751 ARAMARK PW MATS 001.000.650.519.910.410.00 1.75 PW MATS 411.000.652.542.900.410.00 6.65 PW MATS 111.000.653.542.900.410.00 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 Sales Tax 411.000.652.542.900.410.00 0.59 Sales Tax 111.000.653.542.900.410.00 0.59 Sales Tax 411.000.654.534.800.410.00 0.59 Sales Tax 411.000.655.535.800.410.00 0.59 Sales Tax 511.000.657.548.680.410.00 0.60 Sales Tax 001.000.650.519.910.410.00 0.16 FLEET SHOP UNIFORM SVC655-3865401 FLEET SHOP UNIFORM SVC 511.000.657.548.680.240.00 19.50 Sales Tax 511.000.657.548.680.240.00 1.74 FAC MAINT UNIFORM SVC655-3872293 FAC MAINT UNIFORM SVC 001.000.651.519.920.240.00 40.44 Sales Tax 001.000.651.519.920.240.00 3.60 3Page: Packet Page 15 of 173 10/02/2008 Voucher List City of Edmonds 4 11:25:17AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 107179 10/2/2008 (Continued)069751 ARAMARK PW MATS655-3874342 PW MATS 001.000.650.519.910.410.00 1.75 PW MATS 411.000.652.542.900.410.00 6.65 PW MATS 111.000.653.542.900.410.00 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 Sales Tax 001.000.650.519.910.410.00 0.16 Sales Tax 411.000.652.542.900.410.00 0.59 Sales Tax 111.000.653.542.900.410.00 0.59 Sales Tax 411.000.654.534.800.410.00 0.59 Sales Tax 511.000.657.548.680.410.00 0.60 Sales Tax 411.000.655.535.800.410.00 0.59 Total :141.52 107180 10/2/2008 071124 ASSOCIATED PETROLEUM 578792 FLEET FUEL - PREM GAS 5100 GAL 4Page: Packet Page 16 of 173 10/02/2008 Voucher List City of Edmonds 5 11:25:17AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 107180 10/2/2008 (Continued)071124 ASSOCIATED PETROLEUM FLEET FUEL - PREM GAS 5100 GAL 511.000.657.548.680.340.12 14,896.08 ST EXCISE TAX GAS, WA OIL SPILL 511.000.657.548.680.340.12 2,035.92 REG GAS 2900 GAL 511.000.657.548.680.340.11 8,201.20 ST EXCISE TAX GAS, WA OIL SPILL 511.000.657.548.680.340.11 1,154.78 DIESEL 800 GAL 511.000.657.548.680.340.10 2,313.28 ST EXCISE TAX DIESEL, WA OIL SPILL 511.000.657.548.680.340.10 318.56 ST EXCISE TAX DIESEL, WA OIL SPILL 511.000.657.548.680.340.13 82.44 WA STATE SVC FEES 511.000.657.548.680.340.12 40.00 Sales Tax 511.000.657.548.680.340.12 3.56 BIODIESEL 200 GAL 511.000.657.548.680.340.13 959.56 Total :30,005.38 107181 10/2/2008 064343 AT&T 425-771-4741 CEMETERY CEMETERY 130.000.640.536.200.420.00 71.20 Total :71.20 107182 10/2/2008 064343 AT&T 730386050200 425-744-6057 PUBLIC WORKS 5Page: Packet Page 17 of 173 10/02/2008 Voucher List City of Edmonds 6 11:25:17AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 107182 10/2/2008 (Continued)064343 AT&T Public Works Fax Line 001.000.650.519.910.420.00 1.84 Public Works Fax Line 111.000.653.542.900.420.00 7.00 Public Works Fax Line 411.000.654.534.800.420.00 7.00 Public Works Fax Line 411.000.655.535.800.420.00 7.00 Public Works Fax Line 511.000.657.548.680.420.00 7.00 Public Works Fax Line 411.000.652.542.900.420.00 6.98 Total :36.82 107183 10/2/2008 064343 AT&T 425-771-0152 STATION #16 FAX STATION #16 FAX 001.000.510.522.200.420.00 35.13 Total :35.13 107184 10/2/2008 064807 ATS AUTOMATION INC I002269 PS - VAV FILER PS - VAV FILER 001.000.651.519.920.310.00 96.00 Sales Tax 001.000.651.519.920.310.00 8.54 Total :104.54 107185 10/2/2008 001795 AUTOGRAPHICS 75774 UNIT 332 - GRAPHICS REMOVAL AND INSTALL UNIT 332 - GRAPHICS REMOVAL AND INSTALL 511.000.657.548.680.480.00 275.00 Sales Tax 511.000.657.548.680.480.00 24.48 Total :299.48 107186 10/2/2008 070305 AUTOMATIC FUNDS TRANSFER 47098 OUT SOURCING OF UTILITY BILLS 6Page: Packet Page 18 of 173 10/02/2008 Voucher List City of Edmonds 7 11:25:17AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 107186 10/2/2008 (Continued)070305 AUTOMATIC FUNDS TRANSFER UB Outsourcing area #600 PRINTING 411.000.652.542.900.490.00 31.99 UB Outsourcing area #600 PRINTING 411.000.654.534.800.490.00 31.99 UB Outsourcing area #600 PRINTING 411.000.655.535.800.490.00 32.08 UB Outsourcing area #600 POSTAGE 411.000.654.534.800.420.00 104.06 UB Outsourcing area #600 POSTAGE 411.000.655.535.800.420.00 104.06 Sales Tax 411.000.652.542.900.490.00 2.88 Sales Tax 411.000.654.534.800.490.00 2.88 Sales Tax 411.000.655.535.800.490.00 2.89 OUT SOURCING OF UTILITY BILLS47199 UB Outsourcing area #300 PRINTING 411.000.652.542.900.490.00 150.69 UB Outsourcing area #300 PRINTING 411.000.654.534.800.490.00 150.69 UB Outsourcing area #300 PRINTING 411.000.655.535.800.490.00 151.13 UB Outsourcing area #300 POSTAGE 411.000.654.534.800.420.00 466.39 UB Outsourcing area #300 POSTAGE 411.000.655.535.800.420.00 466.39 Sales Tax 411.000.652.542.900.490.00 13.56 Sales Tax 411.000.654.534.800.490.00 13.56 Sales Tax 411.000.655.535.800.490.00 13.61 Total :1,738.85 7Page: Packet Page 19 of 173 10/02/2008 Voucher List City of Edmonds 8 11:25:17AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 107187 10/2/2008 061659 BAILEY'S TRADITIONAL TAEKWON BAILEYS10062 TAEKWON-DO CLASSES TKO #10062 001.000.640.575.540.410.00 189.00 TKO #10058 001.000.640.575.540.410.00 187.60 TKO #10054 001.000.640.575.540.410.00 814.80 Total :1,191.40 107188 10/2/2008 072472 BIRKBY, ROBERT BIRKBY1005 WRITE ON THE SOUND PRESENTER PUBLISHING YOUR ADVENTURES~ 117.100.640.573.100.410.00 145.00 Total :145.00 107189 10/2/2008 069218 BISHOP, PAUL 58 AUG 08 WEB SITE MAINTENANCE Aug-08 Web Site Maintenance 001.000.310.518.880.410.00 300.00 Web Site Modifications 001.000.310.518.880.410.00 420.55 SEPT 08 WEB SITE MAINTENANCE69 Sept-08 Web Site Maintenance 001.000.310.518.880.410.00 300.00 Total :1,020.55 107190 10/2/2008 072487 BLAKEMORE, NANCY BLAKMORE0924 REFUND CLASS REFUND 001.000.000.239.200.000.00 66.00 Total :66.00 107191 10/2/2008 067431 BODMER, JUDY BODMER1004 WRITE ON THE SOUND PRESENTER HE RETORTED/SHE EXPLAINED~ 117.100.640.573.100.410.00 125.00 NONFICTION JUDGE 117.100.640.573.100.410.00 100.00 Total :225.00 107192 10/2/2008 002840 BRIM TRACTOR CO INC IM21917 UNIT 91 - US CUTTING MOWER HEAD - 8Page: Packet Page 20 of 173 10/02/2008 Voucher List City of Edmonds 9 11:25:17AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 107192 10/2/2008 (Continued)002840 BRIM TRACTOR CO INC UNIT 91 - US CUTTING MOWER HEAD - 511.100.657.594.480.640.00 8,795.70 Sales Tax 511.100.657.594.480.640.00 703.66 Total :9,499.36 107193 10/2/2008 072439 BROWN, CHARLES & MARY 3-59950 RE: #30011806 UTILTY REFUND #30011806 UB Refund 3-59950 411.000.000.233.000.000.00 63.03 Total :63.03 107194 10/2/2008 071917 CALL, WENDY CALL1005 WRITE ON THE SOUND PRESENTER WHAT A CHARACTER!~ 117.100.640.573.100.410.00 145.00 Total :145.00 107195 10/2/2008 071766 CAMPBELL, CONNIE CAMPBELL10132 KAYAK TRIP LACONNER/GOAT ISLAND KAYAK TRIP #10132 001.000.640.574.200.410.00 312.20 Total :312.20 107196 10/2/2008 071942 CAMPBELL, JULANN CAMPBELL10038 OIL PAINTING CLASSES OIL PAINTING #10038 001.000.640.574.200.410.00 616.00 OIL PAINTING #10037 001.000.640.574.200.410.00 739.20 Total :1,355.20 107197 10/2/2008 070088 CASCADIA CONSULTING GROUP DILL/HARRIS1029 GREEN GARDING PROGRAM REGISTRATIONS GREEN GARDENING PROGRAM REGISTRATION 001.000.640.576.800.490.00 100.00 Total :100.00 107198 10/2/2008 068484 CEMEX / RINKER MATERIALS 9415996801 FS 20- CEMENT FOR SURFACE REPAIR FOR 9Page: Packet Page 21 of 173 10/02/2008 Voucher List City of Edmonds 10 11:25:17AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 107198 10/2/2008 (Continued)068484 CEMEX / RINKER MATERIALS FS 20- CEMENT FOR SURFACE REPAIR FOR 511.000.657.548.680.310.00 780.00 Sales Tax 511.000.657.548.680.310.00 69.42 Total :849.42 107199 10/2/2008 072473 CHANCE, MEGAN CHANCE1004 WRITE ON THE SOUND PRESENTER RESEARCH~ 117.100.640.573.100.410.00 155.00 Total :155.00 107200 10/2/2008 066382 CINTAS CORPORATION 460247451 OPS UNIFORMS Stn. 20 001.000.510.522.200.240.00 134.69 Sales Tax 001.000.510.522.200.240.00 11.98 UNIFORMS460251631 Volunteers 001.000.510.522.410.240.00 20.00 Sales Tax 001.000.510.522.410.240.00 1.78 OPS UNIFORMS460251632 Stn. 16 001.000.510.522.200.240.00 107.08 Sales Tax 001.000.510.522.200.240.00 9.53 UNIFORMS460252813 Stn. 17 - ALS 001.000.510.526.100.240.00 112.27 Stn. 17 - OPS 001.000.510.522.200.240.00 112.27 Sales Tax 001.000.510.526.100.240.00 10.00 Sales Tax 001.000.510.522.200.240.00 9.99 10Page: Packet Page 22 of 173 10/02/2008 Voucher List City of Edmonds 11 11:25:17AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 107200 10/2/2008 (Continued)066382 CINTAS CORPORATION OPS UNIFORMS460252839 Stn. 20 001.000.510.522.200.240.00 134.69 Sales Tax 001.000.510.522.200.240.00 11.98 Total :676.26 107201 10/2/2008 065519 CITY OF LYNNWOOD 3RD PAYMENT REIMBURSEMENT OF NARCOTIC FUND/EDM 3RD PAYMENT~ 104.000.410.521.210.490.00 5,000.00 Total :5,000.00 107202 10/2/2008 070231 CNR INC 11419 JUN-08 MAINT PHONE SYSTEM June 08 Phone Maintenance 001.000.390.528.800.480.00 736.67 Sales Tax 001.000.390.528.800.480.00 65.56 AUG-08 MAINT PHONE SYSTEM11461 Aug 08 Phone Maintenance 001.000.390.528.800.480.00 736.67 Sales Tax 001.000.390.528.800.480.00 65.56 Total :1,604.46 107203 10/2/2008 004095 COASTWIDE LABORATORIES W1976258 FAC MAINT - ODOR FILM, LINERS FAC MAINT - ODOR FILM, LINERS 001.000.651.519.920.310.00 358.28 Sales Tax 001.000.651.519.920.310.00 31.89 FAC MAINT - LINERSW1976258-1 FAC MAINT - LINERS 001.000.651.519.920.310.00 265.08 Sales Tax 001.000.651.519.920.310.00 23.59 11Page: Packet Page 23 of 173 10/02/2008 Voucher List City of Edmonds 12 11:25:17AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 107203 10/2/2008 (Continued)004095 COASTWIDE LABORATORIES FAC - NO TOUCH TOWELSW1977639 FAC - NO TOUCH TOWELS 001.000.651.519.920.310.00 292.32 Sales Tax 001.000.651.519.920.310.00 26.02 FAC MAINT - VERSAMATIC FILTERS, DISPW1977995 FAC MAINT - VERSAMATIC FILTERS, DISP 001.000.651.519.920.310.00 554.24 Sales Tax 001.000.651.519.920.310.00 49.33 Total :1,600.75 107204 10/2/2008 069983 COMMERCIAL CARD SOLUTIONS 1033 Registration - D Sharp Ethics Course Registration - D Sharp Ethics Course 001.000.310.514.230.490.00 210.00 12Page: Packet Page 24 of 173 10/02/2008 Voucher List City of Edmonds 13 11:25:17AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 107204 10/2/2008 (Continued)069983 COMMERCIAL CARD SOLUTIONS TigerDirect - Replacement Memory for PCs1287 TigerDirect - Replacement Memory for PCs 001.000.310.518.880.310.00 286.91 CDW-G - Standard Wireless Mouse 001.000.310.518.880.310.00 38.09 DiscountCell - 4 Phone Holsters 001.000.310.518.880.310.00 24.79 IceWeb - Subscription & Verizon User Fee 001.000.310.518.880.490.00 64.85 Newegg - Wireless Network USB Hub 001.000.310.518.880.350.00 88.96 CDW-G - Wireless Mouse 001.000.310.518.880.310.00 38.09 Network Solutions - Domain Name Renewal 001.000.310.518.880.490.00 34.99 CDW-G - Logitech Trackman Wheel 001.000.310.518.880.310.00 39.18 GetNet - Print Server 001.000.310.518.880.310.00 36.80 IceWeb - Subscription 001.000.310.518.880.490.00 29.95 Total :892.61 107205 10/2/2008 069983 COMMERCIAL CARD SOLUTIONS 3527 BENSON IND - YOST PARK - DOOR BENSON IND - YOST PARK - DOOR 001.000.651.519.920.310.00 362.10 BENSON IND - YOST PARK - DOOR 001.000.640.576.800.310.00 362.09 BENSON IND - FAC - DOOR 001.000.651.519.920.310.00 1,190.28 AOP TECH - PW - COMPRESSOR 001.000.651.519.920.310.00 427.41 13Page: Packet Page 25 of 173 10/02/2008 Voucher List City of Edmonds 14 11:25:17AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 107205 10/2/2008 (Continued)069983 COMMERCIAL CARD SOLUTIONS HOME DEPOT - UNIT 491 - SASH LOCK7577 HOME DEPOT - UNIT 491 - SASH LOCK 511.000.657.548.680.310.00 2.92 WA FIRE - WA FIRE MECH CONF - L 511.000.657.548.680.490.00 950.00 ORION/HOSETRACT - UNIT 80 - HOSE REEL 511.000.657.548.680.310.00 287.54 OLYMPIC BRAKE SUPPLY - UNIT 2 - SEMI 511.000.657.548.680.310.00 276.50 OLYMPIC BRAKE - UNIT 2 - REFUND7577 OLYMPIC BRAKE - UNIT 2 - REFUND 511.000.657.548.680.310.00 -160.00 Total :3,698.84 107206 10/2/2008 072491 CONTRACTOR SPECIALTIES Bus Lic Refund REF OVERPMT OF BUSINESS LICENSE Business Lic Refund of over payment 001.000.000.257.310.000.00 40.00 Total :40.00 107207 10/2/2008 071328 COOMER, PAULA COOMER1004 WRITE ON THE SOUND PRESENTER MEMOIR~ 117.100.640.573.100.410.00 390.00 POETRY~ 117.100.640.573.100.410.00 145.00 Total :535.00 107208 10/2/2008 068815 CORRECT EQUIPMENT 20120 SEWER - CUTTER WHEELS SEWER - CUTTER WHEELS 411.000.655.535.800.310.00 196.56 Freight 411.000.655.535.800.310.00 5.90 Sales Tax 411.000.655.535.800.310.00 18.02 Total :220.48 14Page: Packet Page 26 of 173 10/02/2008 Voucher List City of Edmonds 15 11:25:17AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 107209 10/2/2008 005850 CRETIN, LAWRENCE CRETIN0927 PLAZA ROOM MONITOR PLAZA ROOM MONITOR~ 001.000.640.574.100.410.00 105.00 Total :105.00 107210 10/2/2008 071552 CUBBAGE, NANCY CUBBAGE10048 MOSAIC CLASSES MOSAIC: GLASS MOSAIC MIRROR~ 001.000.640.574.200.410.00 140.00 Total :140.00 107211 10/2/2008 006626 DEPT OF ECOLOGY 2009-WAR045513 2008 STORMWATER - MUNICIPAL STORMWATER 2008 STORMWATER - MUNICIPAL STORMWATER 411.000.652.542.900.510.00 10,115.00 Total :10,115.00 107212 10/2/2008 029900 DEPT OF RETIREMENT SYSTEMS September 2008 SEPTEMBER 2008 DRS September 2008 DRS 811.000.000.231.540.000.00 233,840.80 Total :233,840.80 107213 10/2/2008 072488 DIEMOND, THERESA DIEMOND0923 REFUND DAMAGE DEPOSIT REFUND 001.000.000.239.200.000.00 300.00 Total :300.00 107214 10/2/2008 064531 DINES, JEANNIE 08-2919 MINUTE TAKING 9/23 Council Minutes 001.000.250.514.300.410.00 192.00 Total :192.00 107215 10/2/2008 068591 DOUBLEDAY, MICHAEL 092008 STATE LOBBYIST FOR SEPTEMBER 2008 State lobbyist for September 2008 001.000.610.519.700.410.00 2,585.00 Total :2,585.00 107216 10/2/2008 070244 DUANE HARTMAN & ASSOCIATES INC 08-1425.1 E7JA.Survey Skyline Drive-Watermain 15Page: Packet Page 27 of 173 10/02/2008 Voucher List City of Edmonds 16 11:25:17AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 107216 10/2/2008 (Continued)070244 DUANE HARTMAN & ASSOCIATES INC E7JA.Survey Skyline Drive-Watermain 412.100.630.594.320.650.00 4,008.00 Total :4,008.00 107217 10/2/2008 064485 DUBOIS, CHRISTINE DUBOIS1005 WRITE ON THE SOUND PRESENTER TURNING PERSONAL EXPERIENCES INTO 117.100.640.573.100.410.00 125.00 Total :125.00 107218 10/2/2008 072474 DUGONI, ROBERT DUGONI1004 WRITE ON THE SOUND PRESENTER YOU'VE GOT THE POWER~ 117.100.640.573.100.410.00 125.00 Total :125.00 107219 10/2/2008 072475 EAGAN, SCOTT C EAGAN1004 WRITE ON THE SOUND PRESENTER AN AGENT'S PERSPECTIVE~ 117.100.640.573.100.410.00 125.00 Total :125.00 107220 10/2/2008 069605 EAGLE EYE CONSULTING ENGINEERS 2008044 Prof Serv - Bld Div Prof Serv - Bld Div 001.000.620.524.100.410.00 4,735.36 Total :4,735.36 107221 10/2/2008 007675 EDMONDS AUTO PARTS 99932 SUPPLIES OIL FILTER 001.000.640.576.800.310.00 29.22 Sales Tax 001.000.640.576.800.310.00 2.60 Total :31.82 107222 10/2/2008 067703 EDMONDS COMMUNITY COLLEGE ECC0929 GYM RENTAL GYM RENTAL @ EDMONDS CC 001.000.640.575.520.450.00 3,135.00 Total :3,135.00 16Page: Packet Page 28 of 173 10/02/2008 Voucher List City of Edmonds 17 11:25:17AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 107223 10/2/2008 008705 EDMONDS WATER DIVISION 3-01808 LIFT STATION #11 LIFT STATION #11 411.000.655.535.800.470.00 21.25 MEADOWDALE CLUB HOUSE3-03575 MEADOWDALE CLUB HOUSE 001.000.651.519.920.470.00 180.59 LIFT STATION #123-07525 LIFT STATION #12 411.000.655.535.800.470.00 50.56 LIFT STATION #153-07709 LIFT STATION #15 411.000.655.535.800.470.00 21.25 LIFT STATION #43-09350 LIFT STATION #4 411.000.655.535.800.470.00 61.50 LIFT STATION #103-09800 LIFT STATION #10 411.000.655.535.800.470.00 28.55 LIFT STATION #93-29875 LIFT STATION #9 411.000.655.535.800.470.00 35.84 Total :399.54 107224 10/2/2008 008812 ELECTRONIC BUSINESS MACHINES 038121 ADMIN MAINT Admin copier 001.000.510.522.100.450.00 71.35 Sales Tax 001.000.510.522.100.450.00 6.35 Total :77.70 107225 10/2/2008 009410 EVERETT STEEL COMPANIES 402793 SUPPLIES TUBING, ETC. 001.000.640.576.800.310.00 368.84 Sales Tax 001.000.640.576.800.310.00 32.83 17Page: Packet Page 29 of 173 10/02/2008 Voucher List City of Edmonds 18 11:25:17AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :401.6710722510/2/2008 009410 009410 EVERETT STEEL COMPANIES 107226 10/2/2008 009880 FEDEX 2-931-77755 TRANSPORTATION CHARGES FedEx to City Attorney 001.000.250.514.300.410.00 27.64 Total :27.64 107227 10/2/2008 009895 FELDMAN, JAMES A 93008 PUBLIC DEFENDER PUBLIC DEFENDER 001.000.390.512.520.410.00 13,480.00 Total :13,480.00 107228 10/2/2008 063387 FEREBEE, JOAN 091208 TRAVEL REFUND TRAVEL REFUND 001.000.230.512.500.430.00 211.52 Postage to AOC 001.000.230.512.500.420.00 12.60 Total :224.12 107229 10/2/2008 070271 FIRST STATES INVESTORS 5200 215771 TENANT #101706 4TH AVE PARKING LOT RENT Oct-08 4th Avenue Parking Lot Rent 001.000.390.519.900.450.00 300.00 Total :300.00 107230 10/2/2008 072493 FIRSTLINE COMMUNICATIONS INC 9300801 6 mo Mitel Software Service & Support 6 mo Mitel Software Service & Support 001.000.310.518.880.410.00 4,860.00 Sales Tax 001.000.310.518.880.410.00 432.54 Total :5,292.54 107231 10/2/2008 069090 FITZGERALD, WAVERLY FITZGERALD1005 WRITE ON THE SOUND PRESENTER SHAPES OF STORIES~ 117.100.640.573.100.410.00 145.00 Total :145.00 107232 10/2/2008 071562 FORMA 4302 E6MA.Design Services SR99 Enhancement 18Page: Packet Page 30 of 173 10/02/2008 Voucher List City of Edmonds 19 11:25:17AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 107232 10/2/2008 (Continued)071562 FORMA E6MA.Design Services SR99 Enhancement 129.000.240.595.700.650.00 3,800.00 Total :3,800.00 107233 10/2/2008 071945 GILL-ROSE, SUE ROSE9919 BEGINNING DRAWING BEGINNING DRAWING #9919 001.000.640.574.200.410.00 308.00 Total :308.00 107234 10/2/2008 018495 GLACIER NORTHWEST 90561675 STREET - CONCRETE STREET - CONCRETE 111.000.653.542.610.310.00 386.75 Sales Tax 111.000.653.542.610.310.00 34.81 STREET - CONCRETE90565683 STREET - CONCRETE 111.000.653.542.610.310.00 276.25 Sales Tax 111.000.653.542.610.310.00 24.86 Total :722.67 107235 10/2/2008 072476 GOODMAN, MICHELLE GOODMAN1004 WRITE ON THE SOUND PRESENTER PITCHING NF ARTICLES THAT SELL~ 117.100.640.573.100.410.00 125.00 Total :125.00 107236 10/2/2008 063137 GOODYEAR AUTO SERVICE CENTER 086068 FLEET TIRE INVENTORY FLEET TIRE INVENTORY 511.000.657.548.680.340.30 260.96 Sales Tax 511.000.657.548.680.340.30 23.23 Total :284.19 107237 10/2/2008 072477 GREEN, SAMUEL L GREEN1004 WRITE ON THE SOUND PRESENTER KEYNOTE SPEECH~ 117.100.640.573.100.410.00 1,305.00 19Page: Packet Page 31 of 173 10/02/2008 Voucher List City of Edmonds 20 11:25:17AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :1,305.0010723710/2/2008 072477 072477 GREEN, SAMUEL L 107238 10/2/2008 070638 HARDWICK, MELINDA HARDWICK1005 WRITE ON THE SOUND PRESENTER WRITING CHILDREN'S SUPERNATURAL STORIES 117.100.640.573.100.410.00 145.00 Total :145.00 107239 10/2/2008 070515 HARLEY DAVIDSON OF SEATTLE 230620 UNIT EQ 37,38 PO - LED TOUR PAK LIGHT UNIT EQ 37,38 PO - LED TOUR PAK LIGHT 511.100.657.594.480.640.00 139.18 Sales Tax 511.100.657.594.480.640.00 12.39 Total :151.57 107240 10/2/2008 006030 HDR ENGINEERING INC 48352-H E4GA.Services thru 08/30/08 E4GA.Services thru 08/30/08 412.300.630.594.320.650.00 4,107.09 Total :4,107.09 107241 10/2/2008 072466 HOME STREET BANK E5MC.Ret.Pmt.1 E5MC.Premium Construction Ret 1 E5MC.Premium Construction Ret 1 125.000.640.594.750.650.00 11,813.13 Total :11,813.13 107242 10/2/2008 072438 HOMER, MARTIN AND PATRICIA 4-31225 RE: 449601 UTILITY REFUND RE: 449601 Utility Refund 4-31225 411.000.000.233.000.000.00 167.71 Total :167.71 107243 10/2/2008 062899 HUFF, ARIELE HUFF1004 WRITE ON THE SOUND PRESENTER SCENE STRUCTURE~ 117.100.640.573.100.410.00 125.00 Total :125.00 107244 10/2/2008 072041 IBS INCORPORATED 413330-1 FLEET - DRILL BITS 20Page: Packet Page 32 of 173 10/02/2008 Voucher List City of Edmonds 21 11:25:17AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 107244 10/2/2008 (Continued)072041 IBS INCORPORATED FLEET - DRILL BITS 511.000.657.548.680.311.00 27.80 Freight 511.000.657.548.680.311.00 7.14 Sales Tax 511.000.657.548.680.311.00 3.11 Total :38.05 107245 10/2/2008 070864 IDEARC MEDIA CORP 440009484861 ACCT # 430001405909 Oct-08 Directory Listings P&R 001.000.390.528.800.420.00 117.50 Total :117.50 107246 10/2/2008 065947 INT'L SOCIETY OF ARBORICULTURE TIMBROOK ISA MEMBERSHIP DAVE TIMBROOK~ 001.000.640.576.800.490.00 155.00 Total :155.00 107247 10/2/2008 063370 IVANJACK, SUSAN 093008 TRAVEL REFUND TRAVEL REFUND 001.000.230.512.500.430.00 85.32 Total :85.32 107248 10/2/2008 067436 JOHNSON, BILL BJOHNSON1004 WRITE ON THE SOUND PRESENTER CREATING NARRATIVE TENSION~ 117.100.640.573.100.410.00 287.00 Total :287.00 107249 10/2/2008 070019 JUDICIAL CONF REGISTRATION 093008 JUDICIAL CONFERENCE rEGISTRATION JUDICIAL CONFERENCE rEGISTRATION 001.000.230.512.500.490.00 230.00 Total :230.00 107250 10/2/2008 068033 KELLY, CLINT KELLY1005 WRITE ON THE SOUND PRESENTER GRAB THE EMOTIONS & SQUEEZE~ 117.100.640.573.100.410.00 145.00 21Page: Packet Page 33 of 173 10/02/2008 Voucher List City of Edmonds 22 11:25:17AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :145.0010725010/2/2008 068033 068033 KELLY, CLINT 107251 10/2/2008 066589 KING-ANDERSON, PEGGY ANDERSON1004 WRITE ON THE SOUND PRESENTER POINT OF VIEW (FOR CHILDREN'S WRITERS) 117.100.640.573.100.410.00 125.00 FICTION JUDGE 117.100.640.573.100.410.00 100.00 Total :225.00 107252 10/2/2008 072478 KINSELLA, VINNIE KINSELLA1005 WRITE ON THE SOUND PRESENTER THE 3 STAGES OF EDITING~ 117.100.640.573.100.410.00 274.00 Total :274.00 107253 10/2/2008 068050 KLAUSER, HENRIETTE ANNE KLAUSER1005 WRITE ON THE SOUND PRESENTER DOUBLE SUNDAY WORKSHOP~ 117.100.640.573.100.410.00 500.00 Total :500.00 107254 10/2/2008 068396 KPFF CONSULTING ENGINEERS 0808-108246 E4GA.BNSF Utilities services for July E4GA.BNSF Utilities services for July 412.300.630.594.320.410.00 13,859.50 E4GA.BNSF Design Services thru August0908-108246 E4GA.BNSF Design Services thru August 412.300.630.594.320.410.00 10,714.69 Total :24,574.19 107255 10/2/2008 068024 KRUCKEBERG BOTANIC GARDEN KRUCKEBERG10139 GARDEN TOUR BOTANIC GARDEN TOUR #10139 001.000.640.574.200.410.00 67.50 Total :67.50 107256 10/2/2008 060132 LAB SAFETY SUPPLY 1011915118 OPS SUPPLIES Custom 3 locks 001.000.510.522.200.310.00 139.00 Freight 001.000.510.522.200.310.00 5.40 22Page: Packet Page 34 of 173 10/02/2008 Voucher List City of Edmonds 23 11:25:17AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :144.4010725610/2/2008 060132 060132 LAB SAFETY SUPPLY 107257 10/2/2008 017135 LANDAU ASSOCIATES INC 0023782 Prof Serv GeoTech - Ray SFR - for Bldg Prof Serv GeoTech - Ray SFR - for Bldg 001.000.620.524.100.410.00 975.83 Total :975.83 107258 10/2/2008 072479 LAPP, SARAH JANE LAPP1005 WRITE ON THE SOUND PRESENTER ARTIST TALK/SLIDE SHOW~ 117.100.640.573.100.410.00 100.00 Total :100.00 107259 10/2/2008 068711 LAWN EQUIPMENT SUPPLY 9008-398 MOWER SUPPLIES PIN BUSHINGS 001.000.640.576.800.310.00 37.05 Freight 001.000.640.576.800.310.00 4.64 Sales Tax 001.000.640.576.800.310.00 3.71 Total :45.40 107260 10/2/2008 072489 LUNDQUIST, JOAN LUNDQUIST0924 REFUND REFUND DUE TO INSUFFICIENT REGISTRATION 001.000.000.239.200.000.00 39.00 Total :39.00 107261 10/2/2008 018760 LUNDS OFFICE ESSENTIALS 099168 INV# 099168 - EDMONDS PD 5,500 #10 POLICE DEPT ENVELOPES 001.000.410.521.100.310.00 379.83 Sales Tax 001.000.410.521.100.310.00 33.80 23Page: Packet Page 35 of 173 10/02/2008 Voucher List City of Edmonds 24 11:25:17AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 107261 10/2/2008 (Continued)018760 LUNDS OFFICE ESSENTIALS INV #099191 - EDMONDS PD099191 1,000 DOMESTIC VIOLENCE FORMS 001.000.410.521.100.310.00 298.00 CHANGES TO FORM 001.000.410.521.100.310.00 20.00 Sales Tax 001.000.410.521.100.310.00 28.30 Total :759.93 107262 10/2/2008 018760 LUNDS OFFICE ESSENTIALS 099170 Window Envelopes Window Envelopes 001.000.310.514.230.310.00 320.83 Sales Tax 001.000.310.514.230.310.00 28.55 Total :349.38 107263 10/2/2008 018760 LUNDS OFFICE ESSENTIALS 099167 PRINTING SERVICES Logo Printing fee 001.000.250.514.300.310.00 125.00 Sales Tax 001.000.250.514.300.310.00 11.12 Total :136.12 107264 10/2/2008 018760 LUNDS OFFICE ESSENTIALS 099016 FAC MAINT - BROCHURES FAC MAINT - BROCHURES 001.000.651.519.920.490.00 393.00 Sales Tax 001.000.651.519.920.490.00 34.98 Total :427.98 107265 10/2/2008 018970 LYNNWOOD DODGE 264484 UNIT 120 - WATER PUMP, GASKET UNIT 120 - WATER PUMP, GASKET 511.000.657.548.680.310.00 127.52 Sales Tax 511.000.657.548.680.310.00 11.34 24Page: Packet Page 36 of 173 10/02/2008 Voucher List City of Edmonds 25 11:25:17AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :138.8610726510/2/2008 018970 018970 LYNNWOOD DODGE 107266 10/2/2008 018980 LYNNWOOD HONDA 624489 UNIT 647 - REPLACE CRANK SEALS UNIT 647 - REPLACE CRANK SEALS 511.000.657.548.680.480.00 210.00 Sales Tax 511.000.657.548.680.480.00 18.69 Total :228.69 107267 10/2/2008 064478 LYON, ELIZABETH LYON1005 WRITE ON THE SOUND PRESENTER IT'S ALL IN THE EXECUTION~ 117.100.640.573.100.410.00 405.00 MANUSCRIPT CRITIQUES~ 117.100.640.573.100.410.00 290.00 Total :695.00 107268 10/2/2008 064477 MARSHALL, GARY MARSHALL1004 WRITE ON THE SOUND PRESENTER LEGAL SMORGASBORD FOR WRITERS~ 117.100.640.573.100.410.00 125.00 Total :125.00 107269 10/2/2008 069645 MEADOR, JO G MEDOR1005 WRITE ON THE SOUND PRESENTER ADVICE TO THE EMERGING NOVELIST~ 117.100.640.573.100.410.00 155.00 Total :155.00 107270 10/2/2008 020450 MICRO DATA 40555-75 INV #40555-75 - EDMONDS PD 8,400 INFRACTION FORMS 001.000.410.521.220.310.00 1,512.00 1,100 CRIMINAL CITATIONS 001.000.410.521.220.310.00 297.00 Freight 001.000.410.521.220.310.00 42.64 Sales Tax 001.000.410.521.220.310.00 164.80 Total :2,016.44 25Page: Packet Page 37 of 173 10/02/2008 Voucher List City of Edmonds 26 11:25:17AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 107271 10/2/2008 063773 MICROFLEX 00018028 Tax Audit Program Tax Audit Program 001.000.310.514.230.410.00 81.48 Total :81.48 107272 10/2/2008 072223 MILLER, DOUG MILLER0924 GYM MONITOR GYM MONITOR FOR 3 ON 3 BASKETBALL LEAGUE 001.000.640.575.520.410.00 38.50 Total :38.50 107273 10/2/2008 072492 MOLINA, NILDA MOLINA10109 ZUMBA CLASSES ZUMBA #10109 001.000.640.575.540.410.00 539.50 Total :539.50 107274 10/2/2008 071929 MORRELL, JESSICA MORRELL1004 WRITE ON THE SOUND PRESENTER CHARACTER ARC~ 117.100.640.573.100.410.00 594.00 DANGEROUS WOMEN~ 117.100.640.573.100.410.00 195.00 Total :789.00 107275 10/2/2008 021983 MOTOR TRUCKS INC 110151296 UNIT 476 - REPAIRS UNIT 476 - REPAIRS 511.000.657.548.680.480.00 1,000.65 Sales Tax 511.000.657.548.680.480.00 86.06 Total :1,086.71 107276 10/2/2008 064570 NATIONAL SAFETY INC 0232624-IN WATER/SEWER - HVY DTY NTRLE GLOVES XL 26Page: Packet Page 38 of 173 10/02/2008 Voucher List City of Edmonds 27 11:25:17AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 107276 10/2/2008 (Continued)064570 NATIONAL SAFETY INC WATER/SEWER - HVY DTY NTRLE GLOVES XL 411.000.654.534.800.310.00 36.75 WATER/SEWER - HVY DTY NTRLE GLOVES XL 411.000.655.535.800.310.00 36.75 Sales Tax 411.000.654.534.800.310.00 3.27 Sales Tax 411.000.655.535.800.310.00 3.27 Total :80.04 107277 10/2/2008 070788 NETRIVER INC 41099 WEB HOSTING FOR BIRDFEST 3RD QUARTER Web host for Birdfest for 3rd quarter 120.000.310.575.420.410.00 39.00 WEB HOST FOR BIRDFEST FOR 4TH QUARTER41931 Web host for Birdfest 4th quarter 2008 120.000.310.575.420.410.00 39.00 Total :78.00 107278 10/2/2008 072437 NGUYEN, DANG 5-12430 RE: 0063-001266693-001 UTILITY REFUND RE: 0063-001266693-001 Utility Refund 411.000.000.233.000.000.00 70.29 Total :70.29 107279 10/2/2008 025690 NOYES, KARIN 000 00 578 Planning Board Minutetaker 9/10/08 Planning Board Minutetaker 9/10/08 001.000.620.558.600.410.00 352.00 Total :352.00 107280 10/2/2008 068570 O'CONNELL, NICK O"CONNELL1005 WRITE ON THE SOUND PRESENTER CREATIVE NONFICTION 117.100.640.573.100.410.00 145.00 Total :145.00 107281 10/2/2008 063511 OFFICE MAX INC 182707 INV#182707 - EDMONDS PD 27Page: Packet Page 39 of 173 10/02/2008 Voucher List City of Edmonds 28 11:25:17AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 107281 10/2/2008 (Continued)063511 OFFICE MAX INC KEYPAD/USB/ RETRAC/ CALC~ 001.000.410.521.100.310.00 38.39 Sales Tax 001.000.410.521.100.310.00 3.42 Total :41.81 107282 10/2/2008 063511 OFFICE MAX INC 187868 Copy paper Copy paper 001.000.610.519.700.310.00 39.79 Copy paper 001.000.220.516.100.310.00 39.78 Copy paper 001.000.210.513.100.310.00 39.77 Name badges 001.000.220.516.100.310.00 16.25 Sales Tax 001.000.610.519.700.310.00 3.54 Sales Tax 001.000.220.516.100.310.00 4.98 Sales Tax 001.000.210.513.100.310.00 3.54 Office Supplies - L. Carl718391 Office Supplies - L. Carl 001.000.210.513.100.310.00 153.95 Sales Tax 001.000.210.513.100.310.00 13.71 Total :315.31 107283 10/2/2008 063511 OFFICE MAX INC 444000 Divider 5 tab Divider 5 tab 001.000.310.514.230.310.00 82.15 Sales Tax 001.000.310.514.230.310.00 7.31 28Page: Packet Page 40 of 173 10/02/2008 Voucher List City of Edmonds 29 11:25:17AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 107283 10/2/2008 (Continued)063511 OFFICE MAX INC Return defective binders469335 Return defective binders 001.000.310.514.230.310.00 -7.38 Sales Tax 001.000.310.514.230.310.00 -0.66 Total :81.42 107284 10/2/2008 063511 OFFICE MAX INC 189670 OFFICE SUPPLIES Office Supplies 001.000.250.514.300.310.00 119.49 Sales Tax 001.000.250.514.300.310.00 10.64 OFFICE SUPPLIES673200 Office Supplies 001.000.250.514.300.310.00 7.17 Sales Tax 001.000.250.514.300.310.00 0.64 OFFICE SUPPLIES687132 Office Supplies 001.000.250.514.300.310.00 78.87 Sales Tax 001.000.250.514.300.310.00 7.03 OFFICE SUPPLIES708158 Office Supplies 001.000.250.514.300.310.00 70.02 Sales Tax 001.000.250.514.300.310.00 6.23 Total :300.09 107285 10/2/2008 063511 OFFICE MAX INC 194978 PW ADMIN SUPPLIES - LABELS, SHARPIES PW ADMIN SUPPLIES - LABELS, SHARPIES 001.000.650.519.910.310.00 19.73 Sales Tax 001.000.650.519.910.310.00 1.75 29Page: Packet Page 41 of 173 10/02/2008 Voucher List City of Edmonds 30 11:25:17AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 107285 10/2/2008 (Continued)063511 OFFICE MAX INC PW ADMIN SUPPLIES - HIGHLIGHTERS,637741 PW ADMIN SUPPLIES - HIGHLIGHTERS, 001.000.650.519.910.310.00 35.49 Sales Tax 001.000.650.519.910.310.00 3.16 WATER DEPT - SMARTDRIVE 1GB653662 WATER DEPT - SMARTDRIVE 1GB 411.000.654.534.800.310.00 18.24 Sales Tax 411.000.654.534.800.310.00 1.62 Total :79.99 107286 10/2/2008 063511 OFFICE MAX INC 710548 Office Supplies DSD Office Supplies DSD 001.000.620.558.800.310.00 490.84 Total :490.84 107287 10/2/2008 063511 OFFICE MAX INC 675155 ADMIN SUPPLIES office supplies 001.000.510.522.100.310.00 45.09 Sales Tax 001.000.510.522.100.310.00 4.01 ADMIN SUPPLIES698396 office supplies 001.000.510.522.100.310.00 7.96 Sales Tax 001.000.510.522.100.310.00 0.71 Total :57.77 107288 10/2/2008 025889 OGDEN MURPHY AND WALLACE 669190 Aug-08 Legal Fees Aug-08 Legal Fees 001.000.360.515.100.410.00 19,840.81 Aug-08 ECDC Rewrite 2006-2007 Legal Fees 001.000.620.558.600.410.00 559.00 30Page: Packet Page 42 of 173 10/02/2008 Voucher List City of Edmonds 31 11:25:17AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 107288 10/2/2008 (Continued)025889 OGDEN MURPHY AND WALLACE RETAINER FEES669191 Aug -08 Retainer Fees 001.000.360.515.100.410.00 23,312.04 Total :43,711.85 107289 10/2/2008 071256 PARTNERSHIP FOR WATER 427 WATER USE EFFICIENCY GOALS WORKSHOP - S WATER USE EFFICIENCY GOALS WORKSHOP - S 411.000.654.537.900.490.00 50.00 Total :50.00 107290 10/2/2008 070931 PATTON BOGGS LLP 082008 DC LOBBYIST FOR AUGUST 2008 DC Lobbyist charges for August 2008 001.000.610.519.700.410.00 4,000.00 Total :4,000.00 107291 10/2/2008 068136 PBS SUPPLY CO INC 51801 MCH - DURACORK - PD BY P&R MCH - DURACORK - PD BY P&R 001.000.640.575.560.310.00 216.50 Sales Tax 001.000.640.575.560.310.00 19.48 Total :235.98 107292 10/2/2008 069944 PECK, ELIZABETH PECK9910 PILATES STRETCH & SCULPT PILATES STRETCH & SCULPT~ 001.000.640.575.540.410.00 224.00 PILATES STRETCH & SCULPT CLASSESPECK9914 PILATES STRETCH & SCULPT~ 001.000.640.575.540.410.00 448.00 Total :672.00 107293 10/2/2008 068571 PERSUN, TERRY PERSUN1005 WRITE ON THE SOUND PRESENTER THE PROS & CONS OF WORKING WITH SMALL 117.100.640.573.100.410.00 155.00 Total :155.00 107294 10/2/2008 008475 PETTY CASH - PUBLIC WORKS 9/1-9/29/08 FAC MAINT - INK REFILL - J STEVENS 31Page: Packet Page 43 of 173 10/02/2008 Voucher List City of Edmonds 32 11:25:17AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 107294 10/2/2008 (Continued)008475 PETTY CASH - PUBLIC WORKS FAC MAINT - INK REFILL - J STEVENS 001.000.651.519.920.310.00 4.14 FAC MAINT - LS 17 - VINEGAR FOR 001.000.651.519.920.310.00 6.58 FAC MAINT - MEALS FOR CLASS - G EVANS 001.000.651.519.920.430.00 8.64 FAC MAINT- GAS FOR CITY CAR FOR CLASS - 001.000.651.519.920.430.00 38.95 CITY HALL - ELECT PARTS - G EVANS 001.000.651.519.920.310.00 6.85 UNIT EQ36PO - PARTS 511.100.657.594.480.640.00 3.72 UNIT EQ36,37,38PO - PARTS 511.100.657.594.480.640.00 48.26 PW OFFICE SUPPLIES - 5 WAY SPLIT 411.000.652.542.900.310.00 3.74 PW OFFICE SUPPLIES - 5 WAY SPLIT 111.000.653.542.900.310.00 3.74 PW OFFICE SUPPLIES - 5 WAY SPLIT 411.000.654.534.800.310.00 3.74 PW OFFICE SUPPLIES - 5 WAY SPLIT 411.000.655.535.800.310.00 3.74 PW OFFICE SUPPLIES - 5 WAY SPLIT 511.000.657.548.680.310.00 3.74 FLEET - ONLINE CLASS - M ADAMS 511.000.657.548.680.490.00 60.95 Total :196.79 107295 10/2/2008 064088 PROTECTION ONE 2010551 MCC 24 hour alarm monitoring MCC ~ 001.000.651.519.920.420.00 99.00 Total :99.00 107296 10/2/2008 071911 PROTZ, MARGARET PROTZ10104 FELDENKRAIS WORKSHOP 32Page: Packet Page 44 of 173 10/02/2008 Voucher List City of Edmonds 33 11:25:17AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 107296 10/2/2008 (Continued)071911 PROTZ, MARGARET FELDENKRAIS WORKSHOP #10104 001.000.640.575.540.410.00 196.00 Total :196.00 107297 10/2/2008 046900 PUGET SOUND ENERGY 0101874006 LIBRARY LIBRARY 001.000.651.519.920.470.00 313.45 PARK & BUILDING MAINTENANCE SHOP0230757007 PARK & BUILDING MAINTENANCE SHOP 001.000.651.519.920.470.00 100.74 LIFT STATION #71916766007 LIFT STATION #7 411.000.655.535.800.470.00 55.94 PUBLIC SAFETY-POLICE,CRT & COUNCIL2753166004 PUBLIC SAFETY-POLICE,CRT & COUNCEL 001.000.651.519.920.470.00 326.61 Public Works2776365005 Public Works 001.000.650.519.910.470.00 4.36 Public Works 111.000.653.542.900.470.00 16.57 Public Works 411.000.654.534.800.470.00 16.57 Public Works 411.000.655.535.800.470.00 16.57 Public Works 511.000.657.548.680.470.00 16.57 Public Works 411.000.652.542.900.470.00 16.58 LIFT STATION #132986629000 LIFT STATION #13 411.000.655.535.800.470.00 82.67 FLEET5903085008 Fleet 7110 210th St SW 511.000.657.548.680.470.00 57.02 33Page: Packet Page 45 of 173 10/02/2008 Voucher List City of Edmonds 34 11:25:17AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 107297 10/2/2008 (Continued)046900 PUGET SOUND ENERGY PUBLIC SAFETY-FIRE STATION6439566008 PUBLIC SAFETY-FIRE STATION 001.000.651.519.920.470.00 170.11 ANDERSON CENTER6490327001 ANDERSON CENTER 001.000.651.519.920.470.00 551.28 LIFT STATION #88851908007 LIFT STATION #8 411.000.655.535.800.470.00 54.94 FIRE STATION #209919661109 FIRE STATION #20 001.000.651.519.920.470.00 40.26 Total :1,840.24 107298 10/2/2008 072136 QQEST ASSET MGMNT SERVICES 0000000538 MANAGER PLUS 2008 PRO SOFTWARE UPGRADE Manager plus 2008 Pro Software upgrade310-00092 511.000.657.548.680.490.00 1,185.00 2 Additional computer licenses310-00092 511.000.657.548.680.490.00 350.00 Freight310-00092 511.000.657.548.680.490.00 35.00 Total :1,570.00 107299 10/2/2008 072136 QQEST ASSET MGMNT SERVICES 425775-622008 Mgr+ Software 12 Month Service Agreement Mgr+ Software 12 Month Service Agreement 511.000.657.548.680.490.00 389.00 Total :389.00 107300 10/2/2008 062657 REGIONAL DISPOSAL COMPANY 000587 STORM - STREET SWEEPING DUMPS STORM - STREET SWEEPING DUMPS 411.000.652.542.320.490.00 2,414.27 Total :2,414.27 107301 10/2/2008 072387 RUSSELL SIGN CO 20188 CITY HALL - ADA BRAILE SIGNS 34Page: Packet Page 46 of 173 10/02/2008 Voucher List City of Edmonds 35 11:25:17AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 107301 10/2/2008 (Continued)072387 RUSSELL SIGN CO CITY HALL - ADA BRAILE SIGNS 001.000.651.519.920.310.00 325.00 Sales Tax 001.000.651.519.920.310.00 28.93 Total :353.93 107302 10/2/2008 033550 SALMON BAY SAND & GRAVEL 2217780 STREET - SAND&GRAVEL STREET - SAND&GRAVEL 411.000.652.542.400.310.00 622.30 Sales Tax 411.000.652.542.400.310.00 55.38 Total :677.68 107303 10/2/2008 065708 SCCIT 10019229 SCCIT Dues-2008/2009 SCCIT Dues-2008/2009 001.000.620.532.200.490.00 350.00 Total :350.00 107304 10/2/2008 072485 SEA-AIRE INC 48163 WADE JAMES - REPLACE MOTOR AND WADE JAMES - REPLACE MOTOR AND 001.000.651.519.920.480.00 4,225.00 Sales Tax 001.000.651.519.920.480.00 376.03 Total :4,601.03 107305 10/2/2008 061482 SEA-WESTERN INC 127857 OPS PROTECTIVE CLOTHING fire gloves 001.000.510.522.200.250.00 62.50 Freight 001.000.510.522.200.250.00 6.99 Sales Tax 001.000.510.522.200.250.00 6.18 35Page: Packet Page 47 of 173 10/02/2008 Voucher List City of Edmonds 36 11:25:17AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 107305 10/2/2008 (Continued)061482 SEA-WESTERN INC OPS REPAIRS & MAINT127874 SCBA regultr flow test 001.000.510.522.200.480.00 50.00 Sales Tax 001.000.510.522.200.480.00 4.45 Total :130.12 107306 10/2/2008 036509 SIGNATURE FORMS INC 1081823 SUPPLIES SUPPLIES 001.000.230.512.501.310.00 809.97 Total :809.97 107307 10/2/2008 072480 SIMS, ELIZABETH SIMS1004 WRITE ON THE SOUND PRESENTER STOP PANICKING & START WRITING~ 117.100.640.573.100.410.00 155.00 Total :155.00 107308 10/2/2008 072481 SITTON-HALLECK, MINDY HALLECK1004 WRITE ON THE SOUND PRESENTER PANDORA'S BOX: WRITER RESOURCES~ 117.100.640.573.100.410.00 125.00 Total :125.00 107309 10/2/2008 036955 SKY NURSERY 267637 PLANTS PLANTS FOR PUBLIC SAFETY COMPLEX 001.000.640.576.800.310.00 128.81 Sales Tax 001.000.640.576.800.310.00 11.59 Total :140.40 107310 10/2/2008 037375 SNO CO PUD NO 1 3850013073 IRRIGATION CONTROL IRRIGATION CONTROL 001.000.640.576.800.470.00 29.74 UTILITY BILLING504-001-162-8 750 15TH ST SW 130.000.640.536.500.470.00 391.34 36Page: Packet Page 48 of 173 10/02/2008 Voucher List City of Edmonds 37 11:25:17AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :421.0810731010/2/2008 037375 037375 SNO CO PUD NO 1 107311 10/2/2008 037375 SNO CO PUD NO 1 2260043795 SIGNAL LIGHT SIGNAL LIGHT 111.000.653.542.640.470.00 46.52 SIGNAL LIGHT2330012283 SIGNAL LIGHT 111.000.653.542.640.470.00 30.72 MEADOWDALE CLUBHOUSE2440024129 MEADOWDALE CLUBHOUSE 001.000.651.519.920.470.00 84.39 ANDERSON CULTURAL CENTER2670022181 ANDERSON CULTURAL CENTER 001.000.651.519.920.470.00 2,752.12 SIGNAL LIGHT3710011507 SIGNAL LIGHT 111.000.653.542.640.470.00 48.26 SIGNAL LIGHT3800017489 SIGNAL LIGHT 111.000.653.542.640.470.00 46.74 LIFT STATION #123850011440 LIFT STATION #12 411.000.655.535.800.470.00 222.63 LIFT STATION #154070022027 LIFT STATION #15 411.000.655.535.800.470.00 29.74 LIFT STATION #114130026596 LIFT STATION #11 411.000.655.535.800.470.00 31.04 SIGNAL LIGHT4210013902 SIGNAL LIGHT 111.000.653.542.640.470.00 51.40 STREET LIGHT4320012174 STREET LIGHT 111.000.653.542.630.470.00 339.60 37Page: Packet Page 49 of 173 10/02/2008 Voucher List City of Edmonds 38 11:25:17AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 107311 10/2/2008 (Continued)037375 SNO CO PUD NO 1 LOG CABIN5500019350 LOG CABIN 001.000.651.519.920.470.00 111.61 Total :3,794.77 107312 10/2/2008 065910 SNOCOM 911 COMMUNICATIONS 521 Q4-08 Q4-08 Communications 001.000.410.528.600.510.00 134,977.68 Q4-08 Communications 001.000.510.528.600.510.00 48,206.31 Q4-08 Communications 411.000.654.534.800.510.00 4,820.63 Q4-08 Communications 411.000.655.535.800.510.00 4,820.63 Total :192,825.25 107313 10/2/2008 070677 SPRINT 976032312-082 OPS COMMUNICATIONS Activity summary (Nextel) 001.000.510.522.200.420.00 11.15 Total :11.15 107314 10/2/2008 072490 SPYDERMAN EXCAVATING LLC P0817 WILLOW CREEK RESTORATION WILLOW CREEK RESTORATION~ 125.000.640.594.750.650.00 3,861.13 Sales Tax 125.000.640.594.750.650.00 324.33 Total :4,185.46 107315 10/2/2008 069997 SRI TECHNOLOGIES INC 89277 E5MC.Roberts thru 09/20/08 38Page: Packet Page 50 of 173 10/02/2008 Voucher List City of Edmonds 39 11:25:17AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 107315 10/2/2008 (Continued)069997 SRI TECHNOLOGIES INC E5MC.Roberts thru 09/20/08 125.000.640.594.750.650.00 942.50 E4GA.Roberts thru 09/20/08 412.300.630.594.320.650.00 325.00 E5GA.Roberts thru 09/20/08 412.300.630.594.320.650.00 422.50 E3JB.Roberts thru 09/20/08 412.100.630.594.320.650.00 97.50 Total :1,787.50 107316 10/2/2008 060371 STANDARD INSURANCE CO 9/22/08 LTD premiums - 3rd. quarter 2008 LTD premiums - 3rd. quarter 2008 001.000.390.519.900.490.00 121.50 Total :121.50 107317 10/2/2008 009400 STELLAR INDUSTRIAL SUPPLY INC 2733581 WATER /SEWER - T WIPERS, 16' STREET WATER /SEWER - T WIPERS, 16' STREET 411.000.655.535.800.310.00 45.25 WATER /SEWER - T WIPERS, 16' STREET 411.000.654.534.800.310.00 45.25 Sales Tax 411.000.655.535.800.310.00 4.03 Sales Tax 411.000.654.534.800.310.00 4.03 WATER/SEWER - GREEN PAINT, PAINT WAND2736022 WATER/SEWER - GREEN PAINT, PAINT WAND 411.000.654.534.800.310.00 84.37 WATER/SEWER - GREEN PAINT, PAINT WAND 411.000.655.535.800.310.00 84.37 Sales Tax 411.000.654.534.800.310.00 7.51 Sales Tax 411.000.655.535.800.310.00 7.51 39Page: Packet Page 51 of 173 10/02/2008 Voucher List City of Edmonds 40 11:25:17AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 107317 10/2/2008 (Continued)009400 STELLAR INDUSTRIAL SUPPLY INC WATER/SEWER - BLUE PAINT2738188 WATER/SEWER - BLUE PAINT 411.000.654.534.800.310.00 64.56 WATER/SEWER - BLUE PAINT 411.000.655.535.800.310.00 64.56 Sales Tax 411.000.654.534.800.310.00 5.75 Sales Tax 411.000.655.535.800.310.00 5.74 Total :422.93 107318 10/2/2008 040250 STEUBER DISTRIBUTING 171543 SEWER - ROUNDUP 2.5 GAL SEWER - ROUNDUP 2.5 GAL 411.000.655.535.800.310.00 199.00 Sales Tax 411.000.655.535.800.310.00 16.92 Total :215.92 107319 10/2/2008 072482 STONE, JESSICA STONE1004 WRITE ON THE SOUND PRESENTER WRITE, DESIGN & PUBLISH YOUR NF BOOK~ 117.100.640.573.100.410.00 125.00 Total :125.00 107320 10/2/2008 040430 STONEWAY ELECTRIC SUPPLY 1623529 SUPPLIES ELECTRICAL SUPPLIES 001.000.640.576.800.310.00 147.82 Sales Tax 001.000.640.576.800.310.00 13.16 ELECTRICAL SUPPLIES1625053 SUPPLIES 001.000.640.576.800.310.00 119.61 Sales Tax 001.000.640.576.800.310.00 10.65 Total :291.24 40Page: Packet Page 52 of 173 10/02/2008 Voucher List City of Edmonds 41 11:25:17AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 107321 10/2/2008 040430 STONEWAY ELECTRIC SUPPLY 1625054 FAC MAINT - ELECT SUPPLIES FAC MAINT - ELECT SUPPLIES 001.000.651.519.920.310.00 8.16 Sales Tax 001.000.651.519.920.310.00 0.73 PS - ELECT SUPPLIES1628568 PS - ELECT SUPPLIES 001.000.651.519.920.310.00 243.86 Sales Tax 001.000.651.519.920.310.00 21.70 Total :274.45 107322 10/2/2008 040917 TACOMA SCREW PRODUCTS INC 18849019 FISHING PIER UPGRADE SUPPLIES DRILLING SCREWS 001.000.640.576.800.310.00 50.94 Sales Tax 001.000.640.576.800.310.00 4.53 Total :55.47 107323 10/2/2008 040917 TACOMA SCREW PRODUCTS INC 10731912 FLEET - SCREWS, NUTS, BOLTS, WASHERS, FLEET - SCREWS, NUTS, BOLTS, WASHERS, 511.000.657.548.680.311.00 489.63 Sales Tax 511.000.657.548.680.311.00 43.58 Total :533.21 107324 10/2/2008 071577 TAYLOR, KATHLEEN 1038 Consultant Serv. 9/10 - 9/19/08 Consultant Serv. 9/10 - 9/19/08 001.000.620.558.600.410.00 1,105.00 Total :1,105.00 107325 10/2/2008 060167 TEREX UTILITIES 020-115214 UNIT 101 - SERVICE UNIT 101 - SERVICE 511.000.657.548.680.480.00 1,183.07 Sales Tax 511.000.657.548.680.480.00 106.48 41Page: Packet Page 53 of 173 10/02/2008 Voucher List City of Edmonds 42 11:25:17AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :1,289.5510732510/2/2008 060167 060167 TEREX UTILITIES 107326 10/2/2008 009350 THE DAILY HERALD COMPANY 1611775 Legal Notice S-08-06 Lybeck Legal Notice S-08-06 Lybeck 001.000.620.558.600.440.00 30.42 Total :30.42 107327 10/2/2008 027269 THE PART WORKS INC 242147 PS - FAUCET SENSORS PS - FAUCET SENSORS 001.000.651.519.920.310.00 880.00 Freight 001.000.651.519.920.310.00 15.34 Sales Tax 001.000.651.519.920.310.00 79.69 Total :975.03 107328 10/2/2008 072469 THOMAS, KIM THOMAS1004 WRITE ON THE SOUND ASSISTANCE ON SITE OPERATIONS ASSISTANCE FOR WRITE 117.100.640.573.100.410.00 300.00 Total :300.00 107329 10/2/2008 072483 THORNTON, BRIAN THORNTON1004 WRITE ON THE SOUND PRESENTER THE END IS THE BEGINNING~ 117.100.640.573.100.410.00 125.00 Total :125.00 107330 10/2/2008 061192 UNITED PIPE & SUPPLY 8024253 WATER METER INVENTORY - ~ WATER METER INVENTORY - ~ 411.000.654.534.800.342.00 4,530.00 Sales Tax 411.000.654.534.800.342.00 403.17 Total :4,933.17 107331 10/2/2008 068724 US HEALTHWORKS MED GROUP OF WA0242167-WA SEWER DEPT - DOT SEWER DEPT - DOT 411.000.655.535.800.410.00 65.00 42Page: Packet Page 54 of 173 10/02/2008 Voucher List City of Edmonds 43 11:25:17AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :65.0010733110/2/2008 068724 068724 US HEALTHWORKS MED GROUP OF WA 107332 10/2/2008 011900 VERIZON NORTHWEST 425-778-2153 FS #20 PHONE SERVICE FS #20 PHONE SERVICE 001.000.510.522.200.420.00 48.99 FS #16 FRAME RELAY425-FLO-0017 FS #16 FRAME RELAY 001.000.510.528.600.420.00 355.48 FRAME RELAY FOR FS #20 & SNOCOM425-NW4-3726 FRAME RELAY FOR FS #20 & SNOCOM 001.000.510.528.600.420.00 247.00 Total :651.47 107333 10/2/2008 067865 VERIZON WIRELESS 0685162171 C/A 571242650-0001 43Page: Packet Page 55 of 173 10/02/2008 Voucher List City of Edmonds 44 11:25:17AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 107333 10/2/2008 (Continued)067865 VERIZON WIRELESS 7/23-8/22/08 Cell Phone Service Mayor's 001.000.210.513.100.420.00 138.50 7/23-8/22/08 Cell Phone Service HR Dept 001.000.220.516.100.420.00 58.63 7/23-8/22/08 Cell Phone Service City 001.000.250.514.300.420.00 179.54 7/23-8/22/08 Cell Phone Service Finance 001.000.310.514.230.420.00 56.86 7/23-8/22/08 Cell Phone Service IT Dept 001.000.310.518.880.420.00 185.61 7/23-8/22/08 Cell Phone Service 001.000.610.519.700.420.00 56.86 7/23-8/22/08 Cell Phone Service Dvlpmnt 001.000.620.558.800.420.00 56.86 7/23-8/22/08 Cell Phone Service 001.000.620.524.100.420.00 56.86 7/23-8/22/08 Cell Phone Service 001.000.620.558.600.420.00 56.86 7/23-8/22/08 Cell Phone Service Police 001.000.410.521.100.420.00 1,141.73 7/23-8/22/08 Air Cards Police Dept 001.000.410.521.100.420.00 350.72 7/23-8/22/08 Cell Phone Service FD Admin 001.000.510.522.100.420.00 56.86 7/23-8/22/08 Cell Phone Service FD OPS 001.000.510.522.200.420.00 284.88 7/23-8/22/08 Cell Phone Service FD 001.000.510.522.300.420.00 113.72 7/23-8/22/08 FD Air Cards 001.000.510.522.200.420.00 165.36 7/23-8/22/08 Cell Phone Service P&R Dept 001.000.640.574.100.420.00 57.15 7/23-8/22/08 Cell Phone Service PW Admin 001.000.650.519.910.420.00 56.86 44Page: Packet Page 56 of 173 10/02/2008 Voucher List City of Edmonds 45 11:25:17AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 107333 10/2/2008 (Continued)067865 VERIZON WIRELESS 7/23-8/22/08 Cell Phone Service St Dept 411.000.652.542.900.420.00 60.10 7/23-8/22/08 Cell Phone Service Parks 001.000.651.519.920.420.00 61.85 7/23-8/22/08 Cell Phone Service Fleet 511.000.657.548.680.420.00 56.86 7/23-8/22/08 Cell Phone Service Water/ 411.000.654.534.800.420.00 28.43 7/23-8/22/08 Cell Phone Service Water/ 411.000.655.535.800.420.00 28.43 7/23-8/22/08 Cell Phone Service 001.000.620.532.200.420.00 182.21 7/23-8/22/08 Cell Phone Service WWTP 411.000.656.538.800.420.00 116.20 Total :3,607.94 107334 10/2/2008 067865 VERIZON WIRELESS 0692342027 Bld Mobile Charges - Bld Div Bld Mobile Charges - Bld Div 001.000.620.524.100.420.00 60.01 Total :60.01 107335 10/2/2008 067216 VIKING AUTOMATIC SPRINKLER CO 37205 PW - CHECKED OUT NEW COMPRESSOR PW - CHECKED OUT NEW COMPRESSOR 001.000.651.519.920.480.00 335.00 Sales Tax 001.000.651.519.920.480.00 29.82 Total :364.82 107336 10/2/2008 006284 W S DARLEY AND CO 0000800682 UNIT 98 - STEPS, HANDLES UNIT 98 - STEPS, HANDLES 511.000.657.548.680.310.00 161.80 Freight 511.000.657.548.680.310.00 14.57 45Page: Packet Page 57 of 173 10/02/2008 Voucher List City of Edmonds 46 11:25:17AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 107336 10/2/2008 (Continued)006284 W S DARLEY AND CO UNIT 98 - COLLISION RESTRAINT STRAP0000801256 UNIT 98 - COLLISION RESTRAINT STRAP 511.000.657.548.680.310.00 40.95 Freight 511.000.657.548.680.310.00 7.10 Total :224.42 107337 10/2/2008 047455 WA ST DEPT OF TRANSPORTATION RE-313-ATB-80911030 ED CROSSING STATE DESIGN & ENG FED REIMB WSDOT preliminary engineering & labor 113.000.610.547.200.410.00 26,728.94 Total :26,728.94 107338 10/2/2008 065035 WASHINGTON STATE PATROL F0900088 TRAINING MISC AD,DE,LJ,BK 001.000.510.522.400.490.00 400.00 Total :400.00 107339 10/2/2008 072000 WCI 082442157 C/A 00100362301 Fiber Optic Internet Connection Sept 08 001.000.390.528.800.420.00 2,800.00 Total :2,800.00 107340 10/2/2008 026510 WCIA 100464 POLICY # 001926843 Pol # 001926843 8/5/08-8/5/09 511.000.657.548.680.460.00 605.00 Total :605.00 107341 10/2/2008 068106 WELCOME COMMUNICATIONS 6276 Cell phone Adaptors for PD Cell phone Adaptors for PD 001.000.410.521.100.420.00 1,019.85 Freight 001.000.410.521.100.420.00 8.95 Sales Tax 001.000.410.521.100.420.00 91.56 Total :1,120.36 46Page: Packet Page 58 of 173 10/02/2008 Voucher List City of Edmonds 47 11:25:17AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 107342 10/2/2008 072195 WESTERN GRAPHICS INC 7827 UNIT EQ05,06,07PO - GRAPHICS UNIT EQ05,06,07PO - GRAPHICS 511.100.657.594.480.640.00 1,233.00 Sales Tax 511.100.657.594.480.640.00 108.50 UNIT EQ36,37,38PO - GRAPHICS7863 UNIT EQ36,37,38PO - GRAPHICS 511.100.657.594.480.640.00 690.00 Sales Tax 511.100.657.594.480.640.00 60.72 Total :2,092.22 107343 10/2/2008 064234 WILDWATER RIVER TOURS INC AMUNDSON10067 WHITEWATER RAFTING TRIP TIETON WHITEWATER RAFTING~ 001.000.640.574.200.410.00 185.13 Total :185.13 107344 10/2/2008 072484 WRIGHT, CAROLYNE WRIGHT1004 WRITE ON THE SOUND PRESENTER SPEAK MUSE! NARRATIVE POETRY~ 117.100.640.573.100.410.00 125.00 POETRY JUDGE~ 117.100.640.573.100.410.00 100.00 Total :225.00 107345 10/2/2008 070432 ZACHOR & THOMAS PS INC 801 SEPT-08 MONTHLY RETAINER Monthly Retainer 001.000.360.515.230.410.00 6,000.00 Total :6,000.00 107346 10/2/2008 051280 ZEP MANUFACTURING COMPANY 63953147 FLEET - ZEP EXTRA, ACID RESIST PUMP FLEET - ZEP EXTRA, ACID RESIST PUMP 511.000.657.548.680.311.00 234.60 Freight 511.000.657.548.680.311.00 36.00 Sales Tax 511.000.657.548.680.311.00 24.08 47Page: Packet Page 59 of 173 10/02/2008 Voucher List City of Edmonds 48 11:25:17AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 107346 10/2/2008 (Continued)051280 ZEP MANUFACTURING COMPANY FLEET - ZEP CHERRY BOMB63955913 FLEET - ZEP CHERRY BOMB 511.000.657.548.680.311.00 80.60 Sales Tax 511.000.657.548.680.311.00 7.17 Total :382.45 Bank total :727,950.88177 Vouchers for bank code :front 727,950.88Total vouchers :Vouchers in this report177 48Page: Packet Page 60 of 173 AM-1815 2.D. Claim for Damages Edmonds City Council Meeting Date:10/07/2008 Submitted By:Sandy Chase Time:Consent Department:City Clerk's Office Type:Action Review Committee: Action: Information Subject Title Acknowledge receipt of Claim for Damages from Sydney Allrud ($750,000.00). Recommendation from Mayor and Staff It is recommended that the City Council acknowledge receipt of the Claim for Damages by minute entry. Previous Council Action N/A Narrative A Claim for Damages has been received from the following individual: Sydney Allrud 8815 Burke Ave. N. Seattle, WA 98103-4127 Fiscal Impact Attachments Link: Allrud Claim Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 10/01/2008 02:44 PM APRV 2 Mayor Gary Haakenson 10/01/2008 03:47 PM APRV 3 Final Approval Sandy Chase 10/02/2008 08:35 AM APRV Form Started By: Sandy Chase  Started On: 09/26/2008 11:48 AM Final Approval Date: 10/02/2008 Packet Page 61 of 173 Packet Page 62 of 173 Packet Page 63 of 173 Packet Page 64 of 173 AM-1819 2.E. WSLCB List Edmonds City Council Meeting Date:10/07/2008 Submitted By:Linda Carl Submitted For:Gary Haakenson Time:Consent Department:Mayor's Office Type:Action Review Committee: Action: Information Subject Title Approval of list of businesses applying for renewal of their liquor licenses with the Washington State Liquor Control Board, September 2008. Recommendation from Mayor and Staff Previous Council Action Narrative The City Clerk's Office, the Police department, and the Mayor's Office have reviewed the attached list and have no concerns with the Washington State Liquor Control Board renewing the liquor licenses for the listed businesses. Fiscal Impact Attachments Link: WSLCB List Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 09/30/2008 01:52 PM APRV 2 Mayor Gary Haakenson 09/30/2008 01:58 PM APRV 3 Final Approval Sandy Chase 10/01/2008 02:44 PM APRV Form Started By: Linda Carl  Started On: 09/30/2008 01:35 PM Final Approval Date: 10/01/2008 Packet Page 65 of 173 Packet Page 66 of 173 AM-1816 2.F. Supplement No. 1 to Building Use Agreement with Chamber of Commerce Edmonds City Council Meeting Date:10/07/2008 Submitted By:Sandy Chase Submitted For:Mayor Haakenson Time:Consent Department:City Clerk's Office Type:Action Review Committee: Action: Information Subject Title Authorization for the Mayor to sign Supplement No. 1 to the Building Use Agreement with the Greater Edmonds Chamber of Commerce. This consent agenda item has not been reviewed by a Council Committee. Recommendation from Mayor and Staff It is recommended that the City Council authorize the Mayor to sign the Supplement to the Building Use Agreement. Previous Council Action Narrative On January 1, 2006, the City entered into a Building Use Agreement with the Greater Edmonds Chamber of Commerce to lease office space located on the first floor of City Hall. In reviewing the Agreement in order to adjust the monthly rental amount effective January 1, 2009, the City Attorney's Office recommended a Supplement to the Agreement to address the following two issues: 1. Future monthly fee increase starting 2009. The City will notify the lessee by November 15th of each year. Lessee must agree to the increase by December 1st or vacate the premises by January 31st of the following year. 2. Leasehold excise tax. To facilitate internal accounting and review during State audits, leasehold excise tax (12.84%) will be reflected in the lease agreement and collected from the Chamber as a separate line item. The change will merely be an accounting one. Fiscal Impact Attachments Link: Exhibit 1 - Supplement No. 1 Link: Exhibit 2 - Building Use Agreement Form Routing/Status Route Seq Inbox Approved By Date Status Packet Page 67 of 173 Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 09/29/2008 11:37 AM APRV 2 Mayor Gary Haakenson 09/29/2008 12:05 PM APRV 3 Final Approval Sandy Chase 09/30/2008 01:49 PM APRV Form Started By: Sandy Chase  Started On: 09/29/2008 11:31 AM Final Approval Date: 09/30/2008 Packet Page 68 of 173 Packet Page 69 of 173 Packet Page 70 of 173 Packet Page 71 of 173 Packet Page 72 of 173 Packet Page 73 of 173 Packet Page 74 of 173 Packet Page 75 of 173 Packet Page 76 of 173 AM-1824 2.G. RFQ for Water Comprehensive Plan Update Edmonds City Council Meeting Date:10/07/2008 Submitted By:Robert English Time:Consent Department:Engineering Type:Action Review Committee: Action:Approved for Consent Agenda Information Subject Title Authorization to advertise a Request for Qualifications (RFQ) to update the Water Comprehensive Plan. This consent agenda item has not been reviewed by a Council Committee. Recommendation from Mayor and Staff Council authorize staff to advertise a request for qualifications to update the Water Comprehensive Plan. Previous Council Action None. Narrative The City’s current Water Comprehensive Plan was written in 2002 and needs to be updated. The update will review and evaluate the following elements of the City’s water system: (1) Planning data and demand; (2) Water system analysis; (3) Water efficiency and conservation program; (4) Water rights and system reliability; (5) Regulatory compliance with Water Quality Monitoring Requirements; (6) Operations and Maintenance Program; (7) Capital Facility Plan; and (8) Financial Program. The update is also necessary to comply with the Department of Health regulations. Fiscal Impact Attachments No file(s) attached. Form Routing/Status Route Seq Inbox Approved By Date Status 1 Public Works Noel Miller 10/02/2008 11:49 AM APRV 2 City Clerk Sandy Chase 10/02/2008 12:50 PM APRV 3 Mayor Gary Haakenson 10/02/2008 02:39 PM APRV 4 Final Approval Sandy Chase 10/02/2008 02:45 PM APRV Form Started By: Robert English  Started On: 10/02/2008 10:58 AM Final Approval Date: 10/02/2008 Packet Page 77 of 173 AM-1825 2.H. ARFQ for an Infiltration and Inflow Study on the Sewer System Edmonds City Council Meeting Date:10/07/2008 Submitted By:Robert English Time:Consent Department:Engineering Type:Action Review Committee: Action: Information Subject Title Authorization to advertise a Request for Qualifications to prepare an infiltration and inflow study on the sewer system. This consent agenda item has not been reviewed by a Council Committee. Recommendation from Mayor and Staff Council authorize staff to advertise a request for qualifications to prepare an infiltration and inflow study on the sewer system. Previous Council Action None. Narrative In recent years, the Public Works Department has observed increased flow rates during heavy rainfall events to the City’s Wastewater Treatment Plant. This study will evaluate the infiltration and inflow (I/I) into the City’s sewer system and explore the feasibility of I/I control. The key elements of the study are to define the current level of I/I within the system, determine and prioritize projects to control I/I, prepare guidelines, procedures and policies for I/I control and develop a long-term plan to control I/I. Fiscal Impact Attachments No file(s) attached. Form Routing/Status Route Seq Inbox Approved By Date Status 1 Public Works Noel Miller 10/02/2008 11:49 AM APRV 2 City Clerk Sandy Chase 10/02/2008 12:50 PM APRV 3 Mayor Gary Haakenson 10/02/2008 02:39 PM APRV 4 Final Approval Sandy Chase 10/02/2008 02:45 PM APRV Form Started By: Robert English  Started On: 10/02/2008 11:18 AM Final Approval Date: 10/02/2008 Packet Page 78 of 173 AM-1821 2.I. Approval of Payment of $11,923 to Landau Associates Edmonds City Council Meeting Date:10/07/2008 Submitted By:Jana Spellman Submitted For:Council President Plunkett Time:Consent Department:City Council Type:Action Review Committee: Action: Information Subject Title Approval of payment in the amount of $11,923.03 to Landau Associates for environmental assessment of the Old Milltown courtyard site from the Council Contingency Fund. This consent agenda item has not been reviewed by a Council Committee. Recommendation from Mayor and Staff Previous Council Action On June 3, 2008 the Council authorized staff to contract with Landau & Associates to conduct environmental work at the Old Milltown site for $6,500. (Exhibit 1 - June 3, 2008 Council Minutes) On June 24, 2008 the Council approved additional payment to Landau in the amount of $4,600 for a total of $11,100 for the Phase II investigation/environmental assessment of the Old Milltown parcel. (Exhibit 2 - June 24, 2008) Narrative Council President Plunkett suggested to Mayor Haakenson that the Landau invoice be paid out of the City's ending cash balance. Mayor Haakenson informed Council President Plunkett the City had already paid Landau $4,500, Salter Joyce Ziker $3,335, and approximately $10,000 to Ogden Murphy Wallace for attorney fees. Mayor Haakenson felt that since this was a Council initiative that it would be appropriate for the payment of this invoice to come from Council funds. Council President Plunkett is asking the Council for approval to pay this amount from the Council Contingency Fund. The balance in the Council Contingency Fund is $22,000.00 Although the total amount approved by the Council was $11,100.00, before the Old Milltown Phase II Investigation could be completed, an additional sample analysis was needed. The cost of this additional sample analysis was $800 which was approved by Mayor Haakenson. Exhibit 3: Landau Invoice Fiscal Impact Attachments Link: Exh 1 June 3, 2008 CM. Packet Page 79 of 173 Link: Exh 2 June 24, 2008 CM Link: Exh 3 Landau Inv - Old Milltown Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 10/02/2008 11:40 AM APRV 2 Mayor Gary Haakenson 10/02/2008 02:39 PM APRV 3 Final Approval Sandy Chase 10/02/2008 02:45 PM APRV Form Started By: Jana Spellman  Started On: 10/01/2008 09:17 AM Final Approval Date: 10/02/2008 Packet Page 80 of 173 Packet Page 81 of 173 Packet Page 82 of 173 Packet Page 83 of 173 Packet Page 84 of 173 Packet Page 85 of 173 AM-1810 2.J. Negotiation of Comcast Cable Television Franchising Edmonds City Council Meeting Date:10/07/2008 Submitted By:Stephen Clifton Time:Consent Department:Community Services Type:Action Review Committee: Action: Information Subject Title Proposed Interlocal Agreement - Consortium for Negotiation of Comcast Cable Television Franchising, and Agreement with River Oaks Communications Corporation. Recommendation from Mayor and Staff 1. Approve Interlocal Agreement Consortium For Negotiations of Cable Television Franchising for the purposes of renewing the incumbent Franchise Agreement related to Comcast. 2. Authorize Mayor Haakenson to sign on behalf of the City, a Joint Representation Agreement. The agreement will allow Ogden Murphy Wallace to jointly represent the Cities of Edmonds, Woodinville, Carnation, and Town of Woodway in addition to drafting Comcast franchise agreements for each entity. 3. Authorize expenditures in the amount not to exceed $35,000; this amount is based on one year of projected costs. Requested funds will pay for the services of River Oaks Communication Corporation, Ogden Murphy Wallace, Snohomish County Lead Negotiator, and a Needs Assessment. Depending on how much progress is made during the Comcast / Consortium negotiations, this time frame may be exceeded, and therefore the expenditures may increase. Any additional funds that might be needed above this threshold will be submitted to the Edmonds City Council for approval. Previous Council Action On April 16,1996, the Edmonds City Council approved Ordinance No. 3083, which granted a non-exclusive franchise agreement to Edmonds Cable Company, for the purpose of constructing, maintaining and operating a cable television system. The term of the franchise is 15 years and expires on April 16, 2011. On February 22, 2000, the Edmonds City Council adopted Resolution 978 approving the transfer of control of the cable television franchise from Edmonds Cable Company to TCI Washington. On July 2, 2002, the Edmonds City Council adopted Ordinance No. 3403, approving a change of control of TCI Edmonds, LLC. to AT&T Comcast Corporation. Narrative Packet Page 86 of 173 Narrative See attached October 1, 2008 (Exhibit 1) Staff Report to Mayor Haakenson and Edmonds City Council Fiscal Impact Fiscal Year:2008/2009 Revenue: Expenditure:$35,000 Fiscal Impact: Attachments Link: Exhibit 1 - Staff Report to Mayor and City Council Link: Exhibit 2 - July 10, 2008 Letter from Comcast Regarding Franchise Renewal Link: Exhibit 3 - Interlocal Agreement Consortium For Negotiation of Cable Television Franchising Link: Exhibit 4 - September 9, 2008 Joint Representation Agreement Letter from OMW Link: Exhibit 5 - October 1, 2008 Response from City to July 10, 2008 Letter from Comcast Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 10/02/2008 08:35 AM APRV 2 Mayor Gary Haakenson 10/02/2008 09:08 AM APRV 3 Final Approval Sandy Chase 10/02/2008 09:33 AM APRV Form Started By: Stephen Clifton  Started On: 09/19/2008 03:43 PM Final Approval Date: 10/02/2008 Packet Page 87 of 173 {ERZ706668.DOC;1/00006.080057/}City of Edmonds Z Community Services and Economic Development Date: October 1, 2008 To: Mayor Haakenson and Edmonds City Council From: Stephen Clifton, AICP Community Services and Economic Development Director Subject: Interlocal Agreement - Consortium For Negotiations of Cable Television Franchising Related to Comcast Recommendation: Mayor Haakenson, City of Edmonds Attorney and staff recommend that the City Council: 1. Approve Interlocal Agreement Consortium For Negotiations of Cable Television Franchising for the purposes of renewing the incumbent Franchise Agreement related to Comcast. 2. Authorize Mayor Haakenson to sign on behalf of the City, a Joint Representation Agreement. The agreement will allow Ogden Murphy Wallace to jointly represent the Cities of Edmonds, Woodinville, Carnation, and Town of Woodway in addition to drafting Comcast franchise agreements for each entity. 3. Authorize expenditures in the amount not to exceed $35,000; this amount is based on one year of projected costs. Requested funds will pay for the services of River Oaks Communication Corporation, Ogden Murphy Wallace, Snohomish County Lead Negotiator, and a Needs Assessment. Depending on how much progress is made during the Comcast / Consortium negotiations, this timeframe may be exceeded, and therefore the expenditures may increase. Any additional funds that might be needed above this threshold will be submitted to the Edmonds City Council for approval. Summary: Cable companies use public property (the “public right-of-way” - city/county streets, sidewalks, easements, etc.) to build and operate their for-profit cable communications businesses. In exchange for the use of public right-of-way, a company must receive a cable City of Edmonds Community Services Department Economic Development Department Packet Page 88 of 173 {ERZ706668.DOC;1/00006.080057/}2 services franchise agreement from the local government entity, which includes certain public benefit obligations, safeguards and requirements. On April 16, 1996, the Edmonds City Council approved Ordinance No. 3083, which granted a non-exclusive franchise agreement to Edmonds Cable Company, for the purpose of constructing, maintaining and operating a cable television system. Pursuant to Section 32, the franchise agreement, including all addenda and the City’s Master Cable Ordinance, shall be binding on the Operator, its heirs, successors, and assigns. Comcast Cable serves as the current successor entity. The term of the franchise agreement is 15 years and will expire on April 16, 2011. On July 14, 2008, the City of Edmonds received a letter dated July 10, 2008 from Stan Finley, Comcast Director of Franchising and Government Affairs (Exhibit 2) regarding renewal of the existing franchise agreement. While Comcast is asking to reach a mutually satisfactorily agreement through an informal negotiation process pursuant to Section 626 of the 1984 Cable Act, the second paragraph of the Comcast letter also states “to preserve our statutory rights to this formal procedure, this letter is our official notice to you invoking that provision.” With a record of successfully negotiating Verizon franchise agreements, several members of the North Puget Sound Consortium wish to form a new Consortium for the purposes of negotiating franchise agreements with Comcast. Jurisdictions which have been invited to participate include: Snohomish County, the Cities of Bothell, Carnation, Edmonds, Kenmore, Lake Forest Park, Mercer Island, Shoreline, Woodinville, and the Town of Woodway. If formed, potential Consortium members have expressed a desire to contract again with River Oaks Communications Corporation (“River Oaks”) to work on behalf of the Consortium. City Attorneys and staff representing each jurisdiction will also participate in this process. Benefits of a coordinated effort include: ensuring that the public receives the maximum rights and benefits from their respective franchise agreements; better coordination of negotiations with Comcast; sharing the costs of negotiations including hiring a national consultant and attorneys to assure the citizens of each jurisdiction that their franchise is competitive, both locally and nationally; and creating a common template and negotiation strategy through the assistance of a national consultant and attorneys to maximize leverage during the negotiations. The attached Interlocal Agreement Consortium For Negotiation of Cable Television Franchising (Exhibit 3) is proposed as the mechanism for participating in the proposed Consortium. The agreement defines the purpose of the Consortium, duration of the agreement, organizational structure, terms for individually contracting with River Oaks, monetary cap on consulting, Ogden Murphy Wallace, and Lead Negotiator services, designated representatives, dispute resolution, and general provisions. Exhibit A of the agreement contains a table listing the estimated total cost of creating a template that can be used by all jurisdictions prior to further individual negotiations between Comcast and each entity at $195,000. The estimated pro-rata share for each jurisdiction is based on population; the estimated amount for the City of Edmonds is $18,707.24. This is based on all referenced jurisdictions participating in the Consortium. What’s not included in the table is the cost of performing a Needs Assessment (see discussion below under Background) Packet Page 89 of 173 {ERZ706668.DOC;1/00006.080057/}3 and the legal/administrative cost associated with tailoring franchise agreements to meet each jurisdiction’s needs following the creation of a template agreement. Ogden Murphy Wallace legal/administrative fees for tailoring the franchise agreement to meet the needs of Edmonds, and cost for River Oaks to help present the franchise agreement to the City Council, is $6,000 - $11,000. If the council desires additional briefings on key issues, in person reports by River Oaks will run approximately $2,500 per appearance. The estimated amount for performing a Needs Assessment is $5,000 - $10,000. A Joint Representation Agreement Letter is also attached (Exhibit 4). The agreement will allow Ogden Murphy Wallace to jointly represent the Cities of Edmonds, Woodinville, Carnation, and Woodway in addition to drafting Comcast franchise agreements for each entity. Background: The procedures for renewing a cable franchise are governed primarily by federal law, i.e., Section 626 of the Cable Communications Policy Act of 1984, 47 U.S.C. § 546. Under the Act, a franchising authority can follow either, or both, of two processes available for franchise renewal: a formal and an informal renewal process. Generally, a cable operator will ask the city to begin formal proceedings at the same time it asks the city to begin negotiating informally. Informal Process - Section 626(h), 47 U.S.C. §546(h), provides that renewal can be requested by a cable operator at any time. The franchising authority may grant or deny a renewal request for any "legitimate reason" (consistent with state and local law) "after affording the public adequate notice and opportunity for comment." These procedures were included in the Cable Act to make it clear that a cable operator and a city could attempt to resolve franchise issues through informal negotiations. Formal Process - Section 626(a)-(g), 47 U.S.C. §546(a)-(g), sets forth the "formal" renewal provisions of the Cable Act. Either the franchising authority (on its own initiative) or the cable operator (by submitting a written renewal notice to the city) can activate the process during the six-month period beginning three years before franchise expiration. If the operator does not submit a request to the city during this six-month window, the city is under no legal obligation to follow formal Cable Act Procedures - unless the city has commenced a formal proceeding on its own initiative. Relationship of Formal and Informal Procedures - Informal and formal procedures can be followed simultaneously. As a result, operators trigger formal procedures 30 to 36 months prior to the expiration of the franchise, and also ask cities to negotiate informally. See second paragraph of Exhibit 1 which states “to preserve our statutory rights to this formal procedure, this letter is our official notice to you invoking that provision.” When this is done, a city must be careful to comply with the procedural requirements of the Cable Act, even if it appears that informal negotiations are going well. While a "two-track" process is contemplated by the Cable Act, a city faced with such a request must establish procedures which allow it to proceed on both tracks in a manner Packet Page 90 of 173 {ERZ706668.DOC;1/00006.080057/}4 consistent with federal law. The procedures for formal or informal renewal proceedings should be devised so that the city is able to review the state of the current system, identify franchising goals, and develop strategies for achieving those goals. A city faced with a formal renewal request must take several steps (even if the city is simultaneously negotiating with the cable operator informally), including the following: • First, the city must begin a proceeding, no later than 6 months after a cable operator's renewal notice is submitted, to identify future cable-related community needs and interests and to review performance of the cable operator under the franchise. There is no specification of what constitutes the start of formal proceedings in federal law. Whenever proceedings are commenced, the public must be given notice and the opportunity to participate. A letter dated October 1, 2008 (Exhibit 5) is a City of Edmonds draft response to the July 10, 2008 letter from Comcast. In the letter, the City acknowledges receipt of the Comcast letter, and announces that the City will be commencing a cable franchise renewal proceeding. The letter also states that the commenced proceeding will afford the public in Edmonds appropriate notice and participation for the purpose of identifying the future cable-related community needs and interests, in addition to reviewing the performance of Comcast Cable under the Franchise during the current Franchise term. The cost of Needs Assessment tasks vary depending upon the extent of the ascertainment effort. Generally speaking, Local Franchising Authorities, e.g., the City of Edmonds, can spend anywhere from $5,000 - $60,000 (or more), depending on the complexity of an assessment. At this time, City staff is working with Ogden Murphy Wallace to coordinate this effort. As referenced earlier, the estimated cost to complete a needs assessment for the City of Edmonds is approximately $5,000 – $10,000. • Second, at any point following the completion of the public proceeding, the cable operator may submit a renewal proposal on its own initiative or in response to a request for renewal prepared by the city. The operator's renewal proposal "shall contain such material as the franchising authority may require", in this case, consideration of the requirements in 47 USC 546(b) and all other applicable provisions of law, including Edmonds City Code 4.68 relating to cable antenna television systems as amended by Ordinance 3668 in November of 2007. The franchising authority must then provide "prompt public notice" that it has received the renewal proposal from the operator. Relationship of Cable Act Procedures to State and Local Laws - Federal law preempts local and state law with which it is in conflict, but in the absence of any conflict, state and local laws control. Packet Page 91 of 173 {ERZ706668.DOC;1/00006.080057/}5 Conclusion: Due the complexity of issues related to renewing an incumbent franchise agreement, and in an effort to leverage City financial and staff resources, City staff is recommending to the City Council that the City of Edmonds participate in the proposed Consortium for the purposes of negotiating a new franchise agreement with Comcast. Packet Page 92 of 173 Packet Page 93 of 173 INTERLOCAL AGREEMENT CONSORTIUM FOR NEGOTIATION OF CABLE TELEVISION FRANCHISING This Agreement is made and entered into by and between the undersigned Parties pursuant to the provisions of the Interlocal Cooperation Act of 1967, RCW Chapter 39.34. WHEREAS, Snohomish County and some cities of South Snohomish and King County (collectively the “Parties”) are or will soon be in the process of negotiating competitive cable franchises with Comcast of California/Colorado/Texas/Washington, Inc. and its affiliates (all hereinafter collectively “Comcast”); and WHEREAS, while each governmental entity may negotiate on its own behalf, the Parties to this agreement wish to coordinate their efforts in a lawful manner in order: a) to ensure that the public receives the maximum rights and benefits from their respective franchise agreements; b) to better coordinate their negotiations with Comcast; (c) to share the costs of negotiations including hiring a national consultant and attorneys to assure the citizens of each jurisdiction that their franchise is competitive, both locally and nationally; and (d) to create a common template and negotiation strategy through the assistance of a national consultant and attorneys to maximize leverage during the negotiations; and WHEREAS, the Interlocal Cooperation Act provides a mechanism to both jointly contract with a consultant for common services as well as a mechanism for each Party to utilize the consultant’s services, as that Party sees fit, for additional support in negotiation as well as the tailoring of the template to the specific needs of each participating entity; NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, it is agreed that: 1. Purpose. This Agreement shall have the following purposes: 1.1 Create a Consortium, entitled the “Cable Franchise Consortium” (“Consortium”), to assist the Parties in joint and individual negotiations with Comcast for cable franchises. 1.2 Provide a vehicle for the Parties to designate a representative to organize the Consortium and lead negotiations, and compensate Snohomish County for the services of a lead negotiator. Peter Camp of the Snohomish County executive office is hereby designated as the lead negotiator. 1.3 Provide a vehicle for the Parties to contract with River Oaks Communications Corporation (“Consultant”), for the development of an initial negotiating template for a cable television franchise for the use of each Party in its individual negotiations with Comcast. {ERZ704071.DOC;2/00006.080056/} September 19, 2008 Page 1 of 14 Packet Page 94 of 173 1.4 Engage Consultant to perform the following functions in preparation for negotiations between the Parties and Comcast: 1.4.1 Review existing franchise agreements between the Parties and Comcast. 1.4.2 Review existing Cable/Telecommunications Ordinances within the respective Parties and the impact of these ordinances on Comcast. 1.4.3 Assist the Parties in preparing for negotiations with Comcast including identifying goals and objectives for the negotiations. 1.4.4 Provide information regarding applicable FCC orders and the impact those orders have on video entrants/incumbents such as Verizon or Comcast. 1.4.5 Review cable franchise agreements with cities and counties nationally. 1.4.6 Participate in negotiations between Comcast and the Parties. 1.4.7 Draft and negotiate Customer Service Standards with Comcast on behalf of the Parties. 1.4.8 Attend meetings at the request of the Parties. 1.5 Engage the law firm of Ogden Murphy Wallace, P.L.L.C. (“OMW”) to provide an administrator and assistant negotiator for the Consortium. 1.6 This Agreement shall also serve as a vehicle to contract with the Consultant for additional individualized services to be provided as needed to each individual Party. By so doing, the Parties hope to secure a lower cost for the Consultant’s services through a joint contracting framework as well as minimize associated travel costs and other expenses by coordinating their efforts. 1.7 The Consortium shall also serve as a vehicle for the Parties to share information now and in the future regarding telecommunications and cable issues, including but not limited to issues such as educational and governmental channel usage, access fees and capital fees, negotiation strategies for franchises, the negotiation of cell tower and other telecommunication leases, right–of–way use requirements, and other similar issues. This information sharing is intended to provide a vehicle for sharing information regarding issues of common public interest. {ERZ704071.DOC;2/00006.080056/} September 19, 2008 Page 2 of 14 Packet Page 95 of 173 2. Duration. 2.1 The Effective Date of this Agreement is the date on which the second Party signs the Agreement and the date this Agreement is posted on the City of Woodinville website, whichever later occurs. 2.2 The Consortium, as an information–sharing group, may remain in effect for an indefinite term for the mutual benefit and cooperation of the Parties for so long as they individually choose to participate. 2.3 The Consortium, as a joint negotiation team, may remain in effect for one (1) year and will terminate at the anniversary of the Effective Date unless otherwise extended by the action of the Parties. 2.4 Any Party may withdraw from this agreement upon the provision of ten (10) days written notice subject to the limitations of Section 3.4 . 3. Organization. The Consortium may consist of Snohomish County and the cities of Bothell, Carnation, Edmonds, Kenmore, Lake Forest Park, Mercer Island, Shoreline, Woodinville and the Town of Woodway, upon their authorization. The City of Woodinville shall serve as the contracting entity with the Consultant. In addition, other entities authorized to participate in interlocal agreements by statute may join during the term of this Agreement, pursuant to Section 3.3 . 3.1 In accordance with RCW 39.34.030 financing of the Consortium and all costs associated with consulting, negotiating and attorney services provided to the Consortium shall be determined based on a Party’s population. The cost of consulting, negotiating and attorney services incurred in the preparation of a template for a Comcast franchise and joint negotiation support shall be shared by the Parties on a pro-rata basis based upon the population of the city or county. 3.1.1 The population of all Parties is based on the April 2006 Washington State Office of Financial Management Annual Population Estimate and is described in Exhibit A, attached hereto and incorporated herein by this reference. 3.1.2 Pro-rata share estimates and associated predicted costs as described in Exhibit A are for illustrative purposes only. The pro–rata share apportioned to each city and Snohomish County is dependent on the number of cities who agree to join the Consortium. ared. A quorum shall consist of at least Snohomish County and a majority of the member cities. 3.2 The Parties shall attempt to reach a consensus regarding the direction of the Consultant and negotiators and the preparation of the template. In the event that the Parties cannot reach substantial agreement, voting shall be on a weighted basis, with each Party having as many votes as its pro–rata percentage of the costs to be sh {ERZ704071.DOC;2/00006.080056/} September 19, 2008 Page 3 of 14 Packet Page 96 of 173 3.3 Additional cities may join the Consortium upon satisfaction of the following requirem 3.3.1 Approval of entry of the city applying (“Applicant City”) by consensus of t 3.3.2 Request to join the Consortium is received no later than December 1, 2008; the amount of its pro–rata share of the total cost incurred and billed through its date of entry. The pro–rata share of the A e into the Consortium, the Applicant City will pay its pro–rata share of costs incurred and billed after its date of entry consistent with all other Parties to this Agreem osts associated with individual work requested from the Consultant. Each Party agrees to indem ith a minimum late payment fee of fifty dollars ($50.00), provided, however, that if a cost is adjusted through the disput . A party which withdraws pursuant to Section 2.4 or who declines to approve a jointly–negotiated franchise shall forfeit its pro–ra contract away or limit the legislative authority of the governing legislative body of any Party. No Party is or shall be required to formally approve a finally negotiated franchise agreement. ents: he current Parties to the Consortium; 3.3.3 The Applicant City may join by paying a fee equal to pplicant City shall be determined in accordance with Section 3.1 ; and 3.3.4 Following admittanc ent pursuant to Section 3.1 . 3.4 A withdrawing Party shall be liable for its pro–rata share of Consortium costs incurred through the date of its departure. Each Party shall be individually liable for all c nify and hold the other Parties harmless for the costs which that Party individually incurs. 3.5 All costs of the Consortium incurred under Section 1 shall be billed directly to the individual Consortium members by the Consultant, OMW and Snohomish County. The Parties agree to promptly pay all invoices within forty–five (45) days of the mailing of an invoice for the Parties’ share of undisputed joint costs. Late payments (more than forty–five (45) days after mailing) shall bear interest at twelve percent (12%) per annum w e resolution procedure outlined in Section 10 , no late fee shall attach. 3.6 In the event that any portion of the Consortium’s negotiation costs are reimbursed by Comcast as a part of the resolution of these joint negotiations, such reimbursement shall first be applied to any unpaid costs of the Consortium. Any excess monies shall be returned to the Consortium members, pro–rata, in the same percentages established by Section 3.1 . This Section 3.6 shall be applied and interpreted to ensure that any recovery on behalf of the Consortium is applied to the costs of the Consortium in the same pro–rata manner as costs are assessed. No member shall be entitled to receive an amount in excess of its actual contribution unless all members receive a pro–rata excess distribution ta share of a reimbursement, if any such reimbursement exists. 3.7 Nothing herein shall be interpreted to {ERZ704071.DOC;2/00006.080056/} September 19, 2008 Page 4 of 14 Packet Page 97 of 173 4. Individually Contracting with the Consultant. 4.1 The Consulting contract may also provide for each Party to utilize consultant services at a Party’s own cost. These services shall only be incurred following the creation of the template. Individually contracted consulting services may include: 4.1.1 Individualization and revision of the franchise template to accommodate the personalized needs of a Party; 4.1.2 Negotiation support during each entity’s individualized negotiations with Comcast; 4.1.3 Presentation of the franchise agreement to City Councils and at a public hearing; and 4.1.4 Additional consulting services related to cable franchising. 4.2 Bills from the Consultant related to services performed at the request of an individual Party pursuant to Section 4 shall be billed by the Consultant directly to the requesting Party. Parties requesting individual services shall indemnify and hold harmless all other Parties from any cost, claim or liability associated with such individual service by the Consultant. 5. Additional Provisions Required by RCW 39.34.030. 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. 5.1 No joint personal or real property ownership is contemplated under the terms of this Agreement. All rights to the franchise template shall be jointly shared by the Parties, with each having the right to use it at its sole discretion as it deems appropriate. Any individualized work done at the direction of a Party, at the Party’s own cost, shall be and remain the property of that Party. 5.2 As referenced in Section 1.3 , the Parties intend to participate cooperatively in the preparation of a template. The development of the template shall be through the Consortium consisting of a designated representative from each body, and at the Parties’ discretion, legal counsel as appropriate. Decision–making shall be by consensus, provided however, that if significant consensus cannot be reached regarding the joint preparation of a template, voting shall be by weighted vote based upon each Party’s pro–rata share of the costs. 5.3 This Agreement shall be posted on the City of Woodinville’s website. Parties not listed in the original web–site posting may be joined when the signature page indicating their agreement has been posted on either the City of Woodinville’s website or the website of the joining city, whichever first occurs. 6. Monetary Cap on Consulting Services. The cost of the joint Consulting services under this Agreement shall not exceed a total of $155,000 (this amount does not include {ERZ704071.DOC;2/00006.080056/} September 19, 2008 Page 5 of 14 Packet Page 98 of 173 any monies paid to OMW or Snohomish County). This monetary cap on fees associated with Consulting services includes all Consulting fees and related expenses. This monetary cap on fees associated with Consulting services does not include additional Consulting services requested by an individual Party as described in Section 4. 6.1 The Parties may expand the monetary cap on joint Consulting services only upon a consensus agreement of the Parties. If a consensus cannot be reached then voting shall be by weighted vote based upon each Party’s pro–rata share of the costs. 6.2 Following a vote to expand the cap pursuant to Section 6.1 , Parties not desiring to expand the joint consulting services monetary cap may withdraw from this Agreement pursuant to Section 2.4 . The withdrawing Party will only be required to pay its share of the pro–rata cost incurred up through the time of withdrawal and in no event shall exceed its pro–rata share of the cap established by Section 6 or previously amended with the approval of the withdrawing Party, (excluding any individually authorized consulting services). 7. Monetary Cap on OMW Services. OMW will facilitate, organize, report and communicate with the Consortium, Consultant, Comcast, and any other interested party on behalf of the Consortium. Additionally, OMW will provide the services of an assistant negotiator on behalf of the Consortium. The assistant negotiator will attend all meetings. Services to the Consortium will be provided by Elana Zana at a billing rate of $180 per hour. The cost of OMW services attributed to the Consortium under this Agreement shall not exceed a total of $30,000. This monetary cap on fees associated with OMW services includes all legal and administrative services and costs. 7.1 The Parties may expand the monetary cap on OMW services only upon a consensus agreement of the Parties. If a consensus cannot be reached then voting shall be by weighted vote based upon each Party’s pro–rata share of the costs. 7.2 Following a vote to expand the cap pursuant to Section 7 , Parties not desiring to expand the OMW services monetary cap may withdraw from this Agreement pursuant to Section 2.4 . The withdrawing Party will only be required to pay its share of the pro– rata cost incurred up through the time of withdrawal and in no event shall exceed its pro–rata share of the cap established by Section 7 or previously amended with the approval of the withdrawing Party (excluding any individually authorized legal services). 8. Monetary Cap on Lead Negotiator Services. Peter Camp, of the Snohomish County executive’s office, shall serve as lead negotiator (hereinafter “Lead Negotiator”). The Lead Negotiator will direct negotiation and will, through the administrative services of the assistant negotiator, provide reports to the Consortium and receive negotiating direction from the Consortium. Snohomish County shall be reimbursed at the rate of $93.25 per hour to compensate it for its direct employee and reasonable administrative costs. The cost of Lead Negotiator services attributed to the Consortium under this agreement shall not exceed a total of $10,000. This monetary cap on fees associated with Lead Negotiator services includes all legal, administrative services and costs. The rate and the monetary cap include Snohomish County’s own proportionate share for which Snohomish County is responsible under this Agreement. {ERZ704071.DOC;2/00006.080056/} September 19, 2008 Page 6 of 14 Packet Page 99 of 173 8.1 The Parties may expand the monetary cap on Lead Negotiator services only upon a consensus agreement of the Parties. If a consensus cannot be reached, then voting shall be by weighted vote based upon each Party’s pro-rate share of the costs. 8.2 Following a vote to expand the cap pursuant to Section 8.1 , Parties not desiring to expand the Lead Negotiator’s services monetary cap may withdraw from this Agreement pursuant to Section 2.4 . The withdrawing Party will only be required to pay its share of pro-rata costs incurred up to the time of withdrawal and in no event shall its payment exceed the pro-rata share of the cap established by Section 8 or previously amended with the approval of the withdrawing party. 9. Designated Representatives. The County Executive, City Manager or Mayor of each entity shall designate a representative (“Designated Representative”). Notice to the Designated Representative shall be undertaken through e-mail contacts, provided, however, that any decision to terminate the participation of any Party shall be given in writing and shall be effective when provided to the City of Woodinville, Washington at: City of Woodinville 17301 - 133rd Avenue NE Woodinville WA 98072 425-489-2700 with a copy to: Elana Zana Ogden Murphy Wallace, P.L.L.C. 1601 Fifth Avenue Suite 2100 Seattle, WA 98101 206-447-7000 10. Dispute Resolution. 10.1 Any disputes or questions of interpretation of this Agreement that may arise between Parties shall be governed under the Dispute Resolution provisions in this Section 10 . 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. 10.2 The Parties agree to use their best efforts to prevent and resolve potential sources of conflict through discussion among the Consortium’s members. 10.3 The Parties agree to use their best efforts to resolve disputes arising out of or related to this Agreement using good faith negotiations. If unsuccessful, the Parties may but are not obligated to utilize mediation. The costs of mediation shall be shared equally between the Parties to the dispute and the remaining members of the Consortium. As an illustration, if {ERZ704071.DOC;2/00006.080056/} September 19, 2008 Page 7 of 14 Packet Page 100 of 173 two Parties, A & B, dispute a billing procedure and cost, they shall share the costs of mediation with the remaining members of the Consortium. Party A, 25%, Party B, 25%, and the Consortium, 50% (divided pro–rata among the other Parties as a cost pursuant to Section 3.1 ). 10.4 Except as otherwise specified in this Agreement, in the event the dispute is not resolved in mediation or the Parties do not agree to mediation, the Parties are free to file suit. 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. 11. Confidentiality. The Parties agree to adhere to the Confidentiality Agreement attached hereto as Exhibit B. 12. No Indemnity. Except as specifically provided in Sections 3.4 and 4.2 , no indemnity is imposed by this Agreement. The Parties agree to bear their respective liability to the extent and in the percentage determined under the laws of the State of Washington. 13. General Provisions. 13.1 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 Parties agree to work cooperatively with each other to achieve the mutually agreeable goals as set forth in this Agreement. 13.2 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 King County, Washington. 13.3 This Agreement is made and entered into for the sole protection and benefit of the Parties hereto. No other person shall have any right of action based upon any provision of this Agreement. 13.4 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. 13.5 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. 13.6 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 their 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 {ERZ704071.DOC;2/00006.080056/} September 19, 2008 Page 8 of 14 Packet Page 101 of 173 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. 13.7 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. 13.8 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. 13.9 Section headings are intended as information only, and shall not be construed with the substance of the section they caption. 13.10 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. 13.11 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. 13.12 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. 13.13 The provisions of Sections 3.1, 4.2 , and 11 shall survive termination of this Agreement or the withdrawal of any Party. 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: {ERZ704071.DOC;2/00006.080056/} September 19, 2008 Page 9 of 14 Packet Page 102 of 173 SNOHOMISH COUNTY: Date: By: Its CITY OF BOTHELL: Date: By: Its CITY OF CARNATION: Date: By: Its CITY OF EDMONDS: Date: By: Its CITY OF KENMORE: Date: By: Its {ERZ704071.DOC;2/00006.080056/} September 19, 2008 Page 10 of 14 Packet Page 103 of 173 CITY OF LAKE FOREST PARK: Date: By: Its CITY OF MERCER ISLAND: Date: By: Its CITY OF SHORELINE: Date: By: Its CITY OF WOODINVILLE: Date: By: Its TOWN OF WOODWAY: Date: By: Its {ERZ704071.DOC;2/00006.080056/} September 19, 2008 Page 11 of 14 Packet Page 104 of 173 EXHIBIT A APRIL 2006 POPULATION ESTIMATES & BREAK DOWN OF THE ESTIMATED PRO RATA SHARE SEE FOLLOWING PAGE FOR REVISED PRO RATA SHARE ESTIMATES Population information from the Washington State Office of Financial Management and Puget Sound Regional Council (PSRC) census tract population estimates. The data provided below is for informational purposes only. The total pro-rata share per Party will depend on the number of Parties agreeing to join this Consortium. County/City Population (2008) OFM Percentage of Total Consortium Population Consultant Costs $155,000 OMW Costs $30,000 Snohomish County Lead Negotiator $10,000 Total Snohomish County 228,488 53.78% 83,355.83$ 16,133.39$ 5,377.80$ 104,867.01$ City of Shoreline 53,440 12.58% 19,495.71$ 3,773.36$ 1,257.79$ 24,526.86$ City of Edmonds 40,760 9.59% 14,869.86$ 2,878.04$ 959.35$ 18,707.24$ City of Bothell 32,860 7.73% 11,987.82$ 2,320.22$ 773.41$ 15,081.45$ City of Mercer Island 22,650 5.33% 8,263.06$ 1,599.30$ 533.10$ 10,395.46$ City of Kenmore 20,220 4.76% 7,376.56$ 1,427.72$ 475.91$ 9,280.18$ City of Lake Forest Park 12,810 3.02% 4,673.28$ 904.51$ 301.50$ 5,879.29$ City of Woodinville 10,560 2.49% 3,852.45$ 745.63$ 248.54$ 4,846.62$ City of Carnation 1,905 0.45% 694.97$ 134.51$ 44.84$ 874.32$ Town of Woodway 1,180 0.28% 430.48$ 83.32$ 27.77$ 541.57$ Total 424,873 100.00% 155,000.00$ 30,000.00$ 10,000.00$ 195,000.00$ {ERZ704071.DOC;2/00006.080056/} September 19, 2008 Page 12 of 14 Packet Page 105 of 173 EXHIBIT B CONSORTIUM CONFIDENTIALITY AGREEMENT 1. The Parties agree that, while they shall be under no obligation to do so, they may from time to time choose, in their respective individual discretion, to exchange among themselves during the pendency of the Consortium any joint materials that are relevant and appropriate to the Consortium. The term “Consortium Materials” shall also include any materials developed for negotiation purposes at the expense of the parties. 2. Each Party agrees that any documents or materials (hereinafter termed “Consortium Materials”) it receives from the other Parties or their Counsel, or created at their joint expense under the Agreement, shall be treated and maintained as privileged and confidential communications between Counsel and Parties. It is further understood and agreed that information that is (a) obtained by any of the Parties from any of the other Parties or (b) developed on behalf of any or all of the Parties, will remain confidential and shall be protected from disclosure to any third party except as provided herein. 3. The Parties further agree that they will not disclose these Consortium Materials or the contents thereof, or information regarding the discussions and preparations for negotiations with Comcast, to any person or entity other than the Parties, the Consultant, OMW, their Counsel, consultants, employees or agents, without first obtaining the consent of all Parties who may be entitled to claim any privilege with respect to such materials. 4. If any person or entity requests or demands, by subpoena, public disclosure request, or otherwise, all or any portion of the designated Consortium Materials, the Party receiving such request or demand will immediately notify Counsel for each of the Parties of such request or demand. Counsel for each of the Parties, as applicable, will take all steps necessary to permit the assertion of all applicable rights and privileges with respect to said Consortium Materials and shall cooperate fully in any judicial proceeding relating in any manner to the Consortium Materials. However, this Agreement is not voided if released via a court order by a court or administrative agency of competent jurisdiction. 5. Pending the completion of the negotiation process, all Consortium Materials will remain confidential until the last Consortium member approves or denies a franchise. Upon approval of a franchise agreement by any member the final agreement shall become a public document to the full extent required by law. 6. Consortium Materials shall be used only for purposes of this Consortium and any subsequent related action and shall not be disclosed in any way that is inconsistent with the maintenance of the attorney–client privilege, work product privilege, or any other privilege of any Party or any Counsel in connection with the Consortium. 7. This Agreement shall apply to any and all joint conferences or communications, whether written or oral, conducted by or between the Parties, and to all communications, whether written or oral, made between the Parties, arising from or in connection with the Consortium. {ERZ704071.DOC;2/00006.080056/} September 19, 2008 Page 13 of 14 Packet Page 106 of 173 {ERZ704071.DOC;2/00006.080056/} September 19, 2008 Page 14 of 14 8. This Agreement memorializes prior oral understandings among the Parties and their Counsel with respect to Consortium Materials and negotiations and communications. 9. Each Party shall be obligated to maintain the confidentiality and privileged nature of the Consortium Materials to the extent defined herein. This obligation shall survive the withdrawal of any and all of the Parties from this Agreement or the termination of this Agreement. 10. Each Party agrees that the attorney–client, work product, joint defense, and other privileges applicable to the Consortium Materials may not be waived by any Party or its Counsel without the prior written consent of the Party or Parties that produced, generated or otherwise communicated that privileged information sought to be disclosed. Packet Page 107 of 173 Packet Page 108 of 173 Packet Page 109 of 173 Packet Page 110 of 173 Packet Page 111 of 173 AM-1828 3. Domestic Violence Proclamation Edmonds City Council Meeting Date:10/07/2008 Submitted By:Linda Carl Submitted For:Gary Haakenson Time:5 Minutes Department:Mayor's Office Type:Information Review Committee: Action: Information Subject Title Proclamation in honor of Domestic Violence Awareness Month, October 2008. Recommendation from Mayor and Staff Previous Council Action Narrative Domestic violence (DV) is a pattern of behavior an abuser uses against a victim to exert power and control. This can include physical, sexual, psychological, and/or financial abuse. Domestic violence exists in every social, economic, religious, and cultural group and affects a range of relationships. In 1994, Congress passed the Violence Against Women Act to address violence against women. Subsequent reauthorizations of the Act have enhanced its scope and we as a nation have learned more about effective intervention and prevention strategies. The expansion of the Act recognizes that the crimes of domestic violence, dating violence, sexual assault and stalking impact the lives of women, their children, and their families throughout a woman’s life span. Specific groups—such as teens, those with disabilities, and women later in life—may be more vulnerable than others. According to the Center for Disease Control (CDC): • DV results in nearly 2 million injuries and 1,300 deaths nationwide every year • A national survey found that 85% of DV victims were women • In 2002, 76% of DV homicide victims were female; 24% were male • Between 4% and 8% of pregnant women are abused at least once during pregnancy. Councilmember Dawson will read the proclamation at tonight’s meeting. Deanna, in her capacity as Executive Director at Snohomish County, oversees Law & Justice and Human Services for the County. She also volunteers her time serving on the Boards of Big Brothers/Big Sisters of Snohomish County, TeamChild, and the Snohomish County Center for Battered Women. Kari Hvorka, the City's Domestic Violence Advocate, and Paul Stern, Prosecuting Attorney in the County’s DV unit, will also be at tonight's meeting. Fiscal Impact Packet Page 112 of 173 Attachments Link: Proclamation Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 10/02/2008 03:47 PM APRV 2 Mayor Gary Haakenson 10/02/2008 03:50 PM APRV 3 Final Approval Sandy Chase 10/02/2008 04:32 PM APRV Form Started By: Linda Carl  Started On: 10/02/2008 03:24 PM Final Approval Date: 10/02/2008 Packet Page 113 of 173 Packet Page 114 of 173 AM-1818 4. Nuisance Regulations Amendments Edmonds City Council Meeting Date:10/07/2008 Submitted By:Duane Bowman Time:45 Minutes Department:Development Services Type: Review Committee:Community/Development Services Action:Recommend Review by Full Council Information Subject Title Public Hearing on Edmonds City Code Chapter 6, Nuisance Regulations Amendments. Recommendation from Mayor and Staff Direct the City Attorney to prepare the necessary ordinance for adoption on the City Council consent agenda. Previous Council Action On February 26, 2008, the City Council held a work session on the code rewrite update. Public hearings were held on June 3, 2008 and July 15, 2008 by the City Council. Minutes from those meetings are attached as Exhibit 2. The matter was referred to the Community Services/Development Services (CS/DS) committee for review and recommendation. The CS/DS committee reviewed this matter at the August 12, 2008 and September 9, 2008 committee meetings. The draft regulations, Exhibit 1, represents the committee recommendation. Minutes from those meetings are attached as Exhibit 3. Narrative After the last public hearing held by the City Council on July 15, 2008, staff and the City Attorney worked to revise the draft nuisance regulations to address issues. The August 1, 2008 memo from the City Attorney (Exhibit 4) outlines the changes made in the draft regulations. The CS/DS committee reviewed the changes suggested by the City Attorney and concurred with most of them. The committee discussed the three year old vehicle criteria for junk cars and concluded that since it is currently in the code and no issues have come regarding vehicle age, it could stay. The committee discussed the issue of adding mediation but was not convinced that it was necessary to include it in the ordinance. The committee agreed with the fine for frivolous complaints but also wanted an inclusion of a warning letter process before fines could be imposed. Finally, the committee wanted a reference to side yards added in Chapter 6.20.41 (G)(2). This public hearing will allow the public to comment on the revised nuisance regulations recommended by the CS/DS Committee. Fiscal Impact Packet Page 115 of 173 Attachments Link: Exhibit 1 - Recommended Nuisance Regulation Amendments Link: Exhibit 2 - CC Minutes Nuisance Regulation Public Hearings Link: Exhibit 3 - CSDS Minutes Nuisance Regulation Amendments Link: Exhibit 4 - City Atty Memo Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 09/30/2008 11:43 AM APRV 2 Mayor Gary Haakenson 09/30/2008 12:22 PM APRV 3 Final Approval Sandy Chase 09/30/2008 01:49 PM APRV Form Started By: Duane Bowman  Started On: 09/30/2008 08:51 AM Final Approval Date: 09/30/2008 Packet Page 116 of 173 Exhibit A Chapter 6.20 PUBLIC NUISANCES Sections: 6.20.010 Purpose. 6.20.020 Definitions. 6.20.030 Public nuisances prohibited. 6.20.040 Types of nuisances. 6.20.041 Aesthetic nuisances. 6.20.042 Health and safety nuisances. 6.20.045 Protective coverings. 6.20.050 Enforcement and abatement. 6.20.060 Separate abatement proceedings for junk vehicles. 6.20.010 Purpose. The purpose of this chapter is to protect and serve the public health, safety and welfare by deterring and preventing conditions which constitute a public nuisances, and providing for the prompt, efficient and permanent abatement of public nuisances. It is also the purpose of this chapter to ensure that the persons responsible for creating, maintaining and/or allowing such nuisances bear the costs of any necessary enforcement and abatement action to fullest extent legally permissible. The provisions of this chapter shall be reasonably construed in furtherance of these purposes. 6.20.020 Definitions. The following definitions shall apply for purposes of this chapter: A. “Antique vehicle” means a vehicle that is at least 40 years old and as qualified pursuant to WAC 308-96A-073. B. “Driveway” means an improved surface per City engineering standards designed and used for accessing a parking area and/or for vehicle parking. C. “Emergency” means a situation in which the community services director reasonably determines that immediate abatement or other action is necessary in order to prevent, reduce or eliminate an immediate threat to health, safety or property. D. “Front yard” means a space on the same lot as a principal building, extending the full width of the lot, and situated between the street right-of-way and the front line of the building projected to the side lines of the lot. In the case of a double frontage lot, both spaces with street frontage shall be considered front yards. {WSS701787.DOC;1/00006.900000/} Page 1 of 8 Packet Page 117 of 173 E. “Junk vehicle” means a vehicle meeting any two of the following criteria: 1. Is three years old or older; 2. Is extensively damaged, including but not limited to any of the following conditions: a broken or missing windshield or missing wheels, tires, motor or transmission; 3. Is apparently inoperable; 4. Is without valid current registration plates. 5. Has an approximate fair market value equal only to the approximate value of the scrap in it. F. “Inoperable” with respect to a vehicle means that the vehicle is incapable of being legally operated on a public roadway due to the condition of the vehicle or the status of the ownership, registration, or license of the vehicle. G. “Junk” means discarded, broken or disabled material including but not limited to household items, house or lawn furniture, appliances, toys, construction items, hot tubs, trampolines, vehicle parts, or other items that are not neatly stored or in a functioning condition. H. “Litter” means discarded waste materials, including but not limited to paper, wrappings, packaging material and discarded or used containers. I. "Motor vehicle" means a vehicle that is self-propelled but not operated upon rails, and includes neighborhood electric vehicles as defined in RCW 46.04.357. An electric personal assistive mobility device is not considered a motor vehicle. A power wheelchair is not considered a motor vehicle. J. “Operable” with respect to a vehicle means that the vehicle is a licensed motorized or non-motorized vehicle which in its current condition is legally and physically capable of being operated on a public roadway. H. “Rear yard” means a space on the same lot with a principal building, extending the full width of the lot and situated between the rear line of the lot and the rear line of the building projected to the side lines of the lot. I. “Salvage” means an item that would otherwise be destroyed, rejected or discarded but is or may be recycled or put to further use. J. “Side yard” means a space on the same lot with a principal building, situated between the building and the side lot line and extending from the rear line of the front yard to the front line of the rear yard. K. “Stagnant” means water or liquid that has become foul, stale or impure through lack of agitation, flow or movement. L. “Trash” means waste food products and other household garbage. {WSS701787.DOC;1/00006.900000/} Page 2 of 8 Packet Page 118 of 173 M. “Vehicle” means any motorized or non-motorized conveyance that includes, but is not limited to, an automobile, recreational vehicle, truck, any type of trailer, van, motorcycle, watercraft, farm equipment, construction equipment and antique vehicles (i.e., cars, trucks, vans, motorcycles, carriages, or motorized buggies). 6.20.040 Types of nuisances. The actions and/or conditions enumerated as public nuisances pursuant to Chapter 7.48 RCW are hereby designated as public nuisances for purposes of this chapter. Each of the actions and conditions enumerated in 6.20.041, 6.20.042, 6.20.043 and 6.20.044 are additionally designated as public nuisances for enforcement under the provisions of this chapter. 6.20.041 Aesthetic nuisances. The following nuisances are aesthetic in nature and can negatively impact neighborhood property values and foster blight. The following actions and/or conditions shall be a public nuisance when located in any front, side or rear yard or vacant lot. A. Any junk, trash, or litter, B. Salvage materials or lumber not neatly stacked. C. Any broken, soiled or discarded furniture, household equipment or furnishings. D. Any vehicle parts or other articles of personal property which are stored, discarded or left in a state of partial construction or repair. E. Any accumulation, stack or pile of building, landscaping or construction materials which are exposed to the elements or are in disarray and which are not directly associated with a project on the premises for which a current building permit has been obtained; or, with respect to a project which does not require a permit, that is in progress or which is scheduled to begin within ten (10) business days. Construction materials include but are not limited to metal, wood, wire, drywall, electrical components, and any supplies, equipment or other items utilized for painting, landscaping, logging, roofing, masonry or plumbing. F. Any shopping carts, except where such shopping carts are owned and/or utilized for their designated purpose upon the underling premises. G. Exceptions. The nuisances enumerated in subparagraphs A through D shall not apply to items or materials when: 1. Wholly enclosed within a building; or 2. Located in a side or rear yard and screened from view from adjacent properties and the public right of way by a six-foot opaque fence or by a vegetative barrier that is between {WSS701787.DOC;1/00006.900000/} Page 3 of 8 Packet Page 119 of 173 six feet and eight feet in height and provides a visual barrier equivalent to an opaque fence. Corner lots which have no rear yard may establish a screening area which qualifies for this exception in a side yard. 6.20.042 Health and safety nuisances. The following actions or conditions have a direct impact on public health and are declared to be public nuisances. A. Vegetation. The following actions and/or conditions shall be public nuisances: 1. Any dead, dying or other hazardous tree which is in danger of falling and endangers the traveling public on a street, alley, sidewalk or other public right of way. The word “tree” shall have the same meaning as is provided in ECDC 18.45.040. 2. Any violation of the noxious weed provisions of Chapter 6.30 ECC and/or any uncultivated berry vines and Class B or Class C noxious weeds (as classified by the Washington State Noxious Weed Control Board) which exceed an average of three feet in height and any portion of which are located within five feet of an adjacent property. B. Attractive nuisances. Any attractive nuisances dangerous to children are declared to be public nuisances, including but not limited to the following items when located outside of a fully enclosed building: 1. Abandoned, broken or neglected equipment; 2. Jagged, sharp or otherwise potentially dangerous machinery; 3. Household or commercial appliances, including but not limited to refrigerators, freezers, washers, dryers, dishwashers, ovens, hot water tanks, or toilets; 4. Unpermitted excavations; and or 5. Unprotected or open wells or shafts. C. Breeding grounds for vermin or insects. The following actions and/or conditions are public nuisances: 1. Any accumulations of perishable matter, including but not limited to food stuffs, that may harbor or attract the infestation of mold, insects and/or vermin, provided, however that this provision shall not apply to compost heaps or facilities which are maintained in accordance with standards recommended by the US Composting Council. 2. Any stagnant, pooled water in which mosquitoes, flies or other insects may reproduce. 3. Any stacks or accumulations of newspapers, cardboard, or other paper, cloth, plastic, or rubber left or stored in a manner which poses a substantial risk of combustion, a threat of fire, or that may harbor, serve as an attraction for or promote the infestation of mold, insects and/or vermin. {WSS701787.DOC;1/00006.900000/} Page 4 of 8 Packet Page 120 of 173 D. Hazardous conditions, substances or materials. The following conditions or actions are declared to be public nuisances. 1. Any structure or other constructed object not governed by the International Building Code that is decayed, damaged, or in disrepair and poses a substantial threat of collapse, structural failure of falling. 2. Any unstable embankment, fill or other accumulation of rock and/or soil which poses a substantial threat of collapse. 3. Any storage or keeping of any toxic, flammable, or caustic substance or material except in compliance with applicable requirements of state or federal law. 4. Any unpermitted obstruction of any street, alley, crossing or sidewalk, and any unpermitted excavation therein or thereunder. 6.20.045 Protective coverings. Except as otherwise expressly provided by applicable city ordinance or a valid regulatory permit, any condition enumerated in ECC 6.20.040 shall constitute a public nuisance irrespective of whether such condition is covered in whole or in part by a tarpaulin, vapor barrier, canvas or plastic sheeting, or other temporary covering. 6.20.050 Enforcement and abatement. A. Responsibility for enforcement. The provisions of this chapter shall be enforced by the community services director or his/her designee. B. Responsibility for violation. The provisions of this chapter shall be enforceable against any person who causes, permits, creates, maintains or allows upon any premises, any of the actions or conditions designated as public nuisances under ECC 6.20.040, including but not limited to any person or entity owning, leasing, renting, occupying, or possessing the underlying premises. C. Penalties. Any person violating this chapter shall be subject to civil enforcement proceedings pursuant to Chapter 20.110 ECDC and/or criminal misdemeanor prosecution. D. Abatement. The City may seek a warrant of abatement from Snohomish County Superior Court authorizing City personnel and/or contractors to enter any premises containing a public nuisance and abate said nuisance at the violator’s expense. Prior to obtaining such a warrant, the City shall provide written notice to the responsible party by posting upon the subject premises, mailing and/or personal delivery. Such notice may be combined with a Notice of Civil {WSS701787.DOC;1/00006.900000/} Page 5 of 8 Packet Page 121 of 173 Violation issued pursuant to Chapter 20.110 ECDC, and shall contain: (1) a description of the public nuisance; (2) a reasonable deadline by which the responsible party must eliminate the public nuisance; (3) a warning that the City may abate the nuisance at the responsible party’s expense; and (4) a statement that the notice shall become a final order of the City if not appealed to the hearing examiner within the time period specified in Chapter 20.110 ECDC. All costs incurred by the City in abating a public nuisance, including but not limited to attorneys’ fees, staff time and contractor expenses, shall be recovered from the responsible party. Abatement may be exercised concurrently with or alternatively to the imposition of civil and/or criminal penalties pursuant to subsection (C) of this section. E. Summary Abatement. Notwithstanding any other provision of this chapter, the City may, to the fullest extent legally permissible, summarily abate and/or take any action necessary to eliminate any condition constituting an immediate threat to public health or safety. F. Frivolous Complaint. Any person making a frivolous complaint under the provisions of this chapter shall be guilty of a civil infraction punishable by a fine of not more than five hundred dollars ($500). No complaint alleging violation of this section shall be filled with the court until the alleged violator has received a written warning from the Director that frivolous complaints may result in prosecution. If the person continues to pursue a frivolous complaint or complaints, a charge may be filled. 6.20.060 Separate abatement proceedings for junk vehicles. A. Statutes Adopted by Reference. 1. RCW 46.55.010(2), (3), (4), (6), (7), (8), (9), (10), (11) and (12) only; 2. RCW 46.55.070, Posting requirements – Exception; 3. RCW 46.55.090, Storage, return requirements – Personal belongings – Combination endorsement for tow truck drivers – Authority to view impounded vehicle; 4. RCW 46.55.100, Impound notice – Abandoned vehicle; 5. RCW 46.55.110, Notice to legal and registered owners; 6. RCW 46.55.120, Redemption of vehicle – Sale of unredeemed vehicles; 7. RCW 46.55.130, Notice requirements public auction accumulation of storage charges; 8. RCW 46.55.140, Operator's lien, deficiency claim, liability; and 9. RCW 46.55.230, Junk vehicles – Certification, notification, removal, sale. C. Administrative Hearing Officer. All abatement hearings required under this section shall be conducted by the hearing examiner. A decision made by the hearing examiner under this section regarding abatement shall be final as to abatement. Any abatement hearing under this section shall be considered a separate matter from any hearing regarding the underlying violation outlined in the previous sections of this chapter. Provided, however, that the hearing examiner may in his/her discretion combine such hearings if two separate rulings are issued. D. Abatement and Removal of Unauthorized Junk Motor Vehicles or Parts Thereof from Private Property. {WSS701787.DOC;1/00006.900000/} Page 6 of 8 Packet Page 122 of 173 1. The storage or retention of an unauthorized junk motor vehicle or parts thereof, as defined herein, on private property is hereby declared a public nuisance subject to removal and impoundment. The development services director shall inspect and investigate complaints relative to unauthorized junk motor vehicles, or parts thereof on private property. Upon discovery of such nuisance, the community services director shall give notice in writing to the last registered owner of record if identifiable and the property owner, of the violation of the nuisance provisions and demand that both abate the nuisance or the vehicle will be removed and costs will be assessed against them. The notice shall also inform both that a hearing before the hearing examiner may be requested in writing, directed to the city clerk within 10 days of said notice, and that if no hearing is requested within 10 days, the vehicle will be removed at their expense. 2. If a request for a hearing is received, a notice giving the time, location, and date of the hearing on the question of abatement and removal of the vehicle or parts thereof as a public nuisance shall be mailed, by certified mail with a five-day return receipt requested, to the owner of the land as shown on the last equalized assessment roll and to the last registered and legal owner of record unless the vehicle is in such condition that the identification numbers are not available to determine ownership. 3. The owner of the land on which the vehicle is located may appear in person at the hearing or present a written statement in time for consideration at the hearing, and deny responsibility for the presence of the vehicle on the land, with reasons for the denial and that she/he has not given consent for the vehicle to be located there. If it is determined at the hearing that the vehicle was placed on the land without the consent of the landowner and that she/he has not subsequently acquiesced in its presence, then the hearing examiner shall not assess costs of administration or removal of the vehicle against the owner of the property upon which the vehicle is located or otherwise order recoupment of such costs from the owner of the property. 4. Costs of removal of vehicles or parts thereof under this section shall be assessed against the last registered owner of the vehicle or automobile hulk if the identity of the owner can be determined, unless the owner in the transfer of ownership of the vehicle or automobile hulk complied with RCW 46.12.101, or the costs may be assessed against the owner of the property on which the vehicle is stored, unless the property owner establishes the facts set forth subsection 3 of this section. 5. This section shall not apply to: a. A vehicle or part thereof that is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property; or b. A vehicle or part thereof that is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler or licensed vehicle dealer and is screened according to RCW 46.80.130. {WSS701787.DOC;1/00006.900000/} Page 7 of 8 Packet Page 123 of 173 6. After notice has been given of the city's intent to dispose of the vehicle and after a hearing, if requested, has been held, the vehicle or parts thereof shall be removed at the request of the community services director and disposed of to a licensed motor vehicle wrecker or hulk hauler with written notice being provided to the Washington State Patrol and the Department of Licensing that the vehicle has been wrecked or otherwise lawfully disposed of. E. Owner of Record Presumed Liable for Costs when Vehicle Abandoned – Exceptions. 1. The abandonment of any junk vehicle or hulk shall constitute a prima facia presumption that the last owner of record is responsible for such junk vehicle and thus liable for any costs incurred in removing, storing and disposing of said vehicle. 2. A registered owner transferring a vehicle shall be relieved from personal liability under this chapter if within five days of the transfer she/he transmits to the planning division a seller's report of sale on a form prescribed by the planning manager to show that the vehicle had been transferred prior to the date notice was given to him/her of the need to abate. F. Owner or Agent Required to Pay Charges – Lien. 1. Any costs incurred in the removal and storage of an impounded shall be a lien upon the vehicle. All towing and storage charges on such vehicle impounded shall be paid by the owner or his/her agent if the vehicle is redeemed. In the case of abandoned vehicles, all costs of removal and storage shall be paid by the owner or his/her agent if the vehicle is redeemed, but if not redeemed, such costs shall be received from the proceeds of sale. 2. Either a registered or legal owner may claim an impounded vehicle by payment of all charges that have accrued to the time of reclamation. If the vehicle was impounded at the direction of a law enforcement agency, the person in possession of the vehicle prior to the time of reclamation shall notify such agency of the fact that the vehicle has been claimed, and by whom. G. Written Impound Authorization Form. Whenever the development services director impounds a vehicle pursuant to the provisions of this chapter, the director shall complete an authorization form approved by the chief of police which specifies the section of this chapter or Chapter 46.55 RCW authorizing the impound. In the alternative, a law enforcement notice of infraction or citation for an offense which authorized the impound may be substituted at the director’s discretion. {WSS701787.DOC;1/00006.900000/} Page 8 of 8 Packet Page 124 of 173 Packet Page 125 of 173 Packet Page 126 of 173 Packet Page 127 of 173 Packet Page 128 of 173 Packet Page 129 of 173 Packet Page 130 of 173 Packet Page 131 of 173 Packet Page 132 of 173 Packet Page 133 of 173 Packet Page 134 of 173 Packet Page 135 of 173 Packet Page 136 of 173 Packet Page 137 of 173 Packet Page 138 of 173 Packet Page 139 of 173 Packet Page 140 of 173 Packet Page 141 of 173 Packet Page 142 of 173 A Member of the International Lawyers Network with independent member law firms worldwide 1601 Fifth Avenue, Suite 2100 • Seattle, WA 98101-1686 • 206.447.7000 • Fax: 206.447.0215 Web: www.omwlaw.com {WSS701764.DOC;1/00006.900000/} MEMORANDUM DATE: August 1, 2008 TO: Duane Bowman, Development Services Director Edmonds City Council Members Edmonds Community Services Committee City of Edmonds FROM: W. Scott Snyder, Office of the City Attorney RE: Revisions to Nuisance Ordinance Attached is a redlined copy of revisions to the nuisance ordinance. (Exhibit A). I integrated the suggestions previously made to the Council along with a number of other changes suggested by the Council and public. The changes that are incorporated include: 1. Revisions to Section 6.20.041 Delete the reference to boxes among the aesthetic nuisances. As we discussed boxes are covered under subsection E and the reference in A is confusing given the other problems addressed in that subsection. 2. Expanding the Exceptions ECDC 6.20.041(G) In 6.20.041, I expand the exception for storage in the rear yard. I added provisions which permit a screening by a vegetative barrier that is between six and eight feet in height and affords the same screening as a fence. Based on a brief discussion after the meeting with Ms. Petso, I have also addressed another situation which can arise: corner lots. Corner lots have no rear yard. Accordingly, I have added a provision that corner lots (there are four on every block!) can establish screening areas in side yards. 3. ECDC 6.20.042(B)(2) I dropped the word “rusted.” This addresses the concern of a citizen regarding rusted “lawn art.” Packet Page 143 of 173 Duane Bowman, Development Services Director Edmonds City Council Members Edmonds Community Services Committee August 1, 2008 Page 2 {WSS701764.DOC;1/00006.900000/} 4. ECDC 6.20.042(C)(1) In this subsection regarding breeding ground for vermin and insects, I provided an exception for compost heaps or facilities that are maintained in side and rear yards in accordance with standard composting practices established by the US Composting Council, which provides extensive on- line material and advice to composters. 5. Deletion of ECDC 6.20.043. After discussions with the Mayor and staff, I deleted the provisions regarding garbage, recycling and compost facilities. We received no comments pro or con regarding this section and received no direction from the City Council. As staff has stated to the City Council, these draft provisions were created to encourage discussion of where the line should be drawn. Since the draft provisions already address odor, insect breeding grounds, litter and piles of junk, this provision seemed to be regulating an area where there is not yet a perceived problem. If the City Council wishes to address the maintenance of garbage cans, etc., please advise and I can reinsert provisions in the nuisance ordinance or provide for them in the upcoming ordinance regarding performance standards. 6. Three year old vehicles. ECDC 6.20.020(E). Council Member Wambolt expressed concern with the definition of junk vehicles contained at Section 6.20.020(E). As public comment and Council discussion indicated, "junk vehicle" as defined in that section means a vehicle that meets at least two of five criteria. The first criteria is that the vehicle be three years or older. The other criteria addressed are damage to the vehicle, the vehicle being inoperable, lack of current tags, and/or the vehicle having a fair market value equal to the scrap content. As I noted in staff comments, this definition parallels Chapter 46.55 RCW, establishing state-wide towing and impoundment requirements. RCW 46.55.240(2) authorizes cities to adopt ordinances establishing procedures for abatement and removal of “public nuisances of junk vehicles or parts thereof from private property.” RCW 46.55.240(3) lists provisions which local public nuisance ordinances must contain. The definition is not included. Interestingly, it requires cities to exempt junk vehicles that are “completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property…” On review, it would be possible to delete the requirement that the junk vehicle provision not apply to cars that are three years or older. If the City Council directs, I would remove the three-year provision. In that case, I request City Council’s direction. Do you want to set a higher threshold -- that is, five years or older, ten years or older? Or remove that provision entirely? If the provision is limited should we require two of four of the remaining requirements? Packet Page 144 of 173 Duane Bowman, Development Services Director Edmonds City Council Members Edmonds Community Services Committee August 1, 2008 Page 3 {WSS701764.DOC;1/00006.900000/} 7. Mediation - ECDC 6.20.050 In draft Section 6.20.050, I added a new Section F regarding mediation. In the draft, I provided that the Development Services Director may decline to pursue abatement or prosecution if: (a) there is no significant risk of harm to any individual and (b) the Director in his discretion believes that the interests of the neighborhood would be best served by mediation. I have attached materials to the memo regarding the Dispute Resolution Center for Snohomish and Island Counties. This non-profit organization provides low-cost neighborhood mediation and other dispute resolution procedures and it is a United Way organization. As additional policy direction, I would ask the Council whether you wish: A. To provide funding for mediation. For example, permit fees could be raised to include an amount sufficient to create a pool for the payment of either all or some portion of the cost of mediation. The cost is $50 per mediation, with both parties required to pay half. B. Defer the cost to the parties and require that they undergo mediation before the staff would proceed with abatement or prosecution. That is, they would have to go through that step at their cost before the staff was forced to choose sides. As I’m sure you are aware, neighborhood disputes often begin with one complaint but escalate with both sides making complaints about the other party. Staff is often placed in the position of either ignoring disputes or filing violations against all parties to a dispute. The difficulty with this option will be bringing both parties to the table - a violator may see no benefit in cooperation. Mediation is a voluntary process and both parties must agree to participate. 8. Frivolous Complaint - ECDC 6.20.050(B). A new section has been added making it a civil infraction to file a frivolous complaint. Paragraph G makes this civil infraction punishable by a fine of not more than $500. Please note that your ordinances currently incorporate state statutes which make it a gross misdemeanor to make a false or misleading statement to a public employee, make a false swearing or make a false reporting. See ECC 5.40.020 adopting state statutes to that offense. These offenses are more serious in nature; for example, the provision regarding false reporting deals with reports of emergencies, fire or other disasters, and is really aimed at false alarms. RCW 98.76.175 makes this offense a gross misdemeanor, punishable by a fine of up to $5,000 or a year in jail. A civil infraction is a less significant offense and the fine of from $100 to $500 allows the judge discretion to set a penalty equal to the situation. A civil infraction is not a criminal offense. In more serious situations, individuals could be charged with making false or misleading statements under the criminal rather than a civil infraction statute. Packet Page 145 of 173 Duane Bowman, Development Services Director Edmonds City Council Members Edmonds Community Services Committee August 1, 2008 Page 4 {WSS701764.DOC;1/00006.900000/} The thoughts and direction of the Community Services Committee will be much appreciated. WSS:gjz Attachment Packet Page 146 of 173 AM-1820 6. South County Senior Center Lease and Recreation Services Agreement Edmonds City Council Meeting Date:10/07/2008 Submitted By:Jana Spellman Submitted For:Council President Plunkett Time:30 Minutes Department:City Council Type:Action Review Committee: Action: Information Subject Title Discussion and potential action regarding the South County Senior Center Lease and Recreation Services Agreement. Recommendation from Mayor and Staff Previous Council Action A discussion and review of the Senior Center Lease took place during the September 16, 2008 Council Meeting. Council President Plunkett moved, seconded by Councilmember Wambolt to renegotiate the lease with the Senior Center and send notice regarding renegotiating the lease. Motion carried unanimously. Narrative Discussion and potential action will take place regarding the Senior Center Lease. Exhibit 1: September 16, 2008 Council Minutes Exhibit 2: Letter of Termination and Renegotiation of Lease Exhibit 3: South County Senior Center Activity Report Overview Exhibit 4: 2009 Lease Agreement for potential approval. Exhibit 5: 2009 Recreational Services Agreement for potential approval. Exhibit 6: Lease dated December 6, 1993 Exhibit 7: 2008 Recreational Services Agreement Fiscal Impact Attachments Link: Exh 1 9-16-08 Council Min Link: Exh 2 Term Ltr Link: Exh 3 Sr Center Report Packet Page 147 of 173 Link: Exh 4 2009 Lease Agreement Link: Exh 5 2009 Rec Serv Agreement Link: Exh 6 Lease 12-6-1993 Link: Exh 7 2008 Rec Serv Agreement. Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 10/02/2008 10:44 AM APRV 2 Mayor Gary Haakenson 10/02/2008 11:13 AM APRV 3 Final Approval Sandy Chase 10/02/2008 11:40 AM APRV Form Started By: Jana Spellman  Started On: 10/01/2008 08:46 AM Final Approval Date: 10/02/2008 Packet Page 148 of 173 Packet Page 149 of 173 Packet Page 150 of 173 Packet Page 151 of 173 Packet Page 152 of 173 Packet Page 153 of 173 Packet Page 154 of 173 Packet Page 155 of 173 Packet Page 156 of 173 Packet Page 157 of 173 Packet Page 158 of 173 Packet Page 159 of 173 Packet Page 160 of 173 Packet Page 161 of 173 Packet Page 162 of 173 Packet Page 163 of 173 Packet Page 164 of 173 Packet Page 165 of 173 Packet Page 166 of 173 Packet Page 167 of 173 Packet Page 168 of 173 Packet Page 169 of 173 Packet Page 170 of 173 Packet Page 171 of 173 Packet Page 172 of 173 AM-1822 7. 2009-10 Budget Deliberations Edmonds City Council Meeting Date:10/07/2008 Submitted By:Kathleen Junglov Time:60 Minutes Department:Administrative Services Type: Review Committee: Action:Recommend Review by Full Council Information Subject Title Workshop on the 2009-2010 Preliminary Budget. Recommendation from Mayor and Staff It is recommended that Councilmembers raise any budget related questions they might currently have. Previous Council Action September 30: Budget distributed to Council and community. Narrative This is an opportunity for Councilmembers to raise questions they might have about the 2009-10 budget. Staff will be available to provide responses to these questions. Fiscal Impact Attachments No file(s) attached. Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 10/02/2008 10:20 AM APRV 2 Mayor Gary Haakenson 10/02/2008 10:24 AM APRV 3 Final Approval Sandy Chase 10/02/2008 10:51 AM APRV Form Started By: Kathleen Junglov  Started On: 10/02/2008 09:19 AM Final Approval Date: 10/02/2008 Packet Page 173 of 173